EPA Seeks Remand to Defend Several Air Toxics Emissions Standards

In recent weeks, EPA has sought to suspend litigation challenging recent air quality rulemakings that seek to limit emissions of hazardous air pollutants (HAPs): (1) the Mercury and Air Toxics Standards for new and reconstructed electric generating units (EGUs) and (2) standards for industrial, commercial, and Institutional (ICI) boilers for sources of HAPs. The D.C. Circuit’s decision in National Association of Clean Water Agencies (NACWA) v. EPA, which remanded a sewage sludge incinerator rule, called into question EPA’s statistical methodology for setting emissions standards for subcategories with limited emissions data.

This brief summarizes the ruling in NACWA and discusses its implications for the EGU NESHAP and ICI boiler rules.