D.C. Circuit Judges Scrutinize EPA Rule Allowing Higher Toxic Emissions
A three-judge D.C. Circuit panel is poised to overturn an EPA regulation that lets many industrial facilities emit larger amounts of hazardous chemicals such as mercury and arsenic.
During a hearing on Monday, a D.C. Circuit panel examined an EPA reclassification rule that permits thousands of industrial emitters to increase releases of hazardous pollutants, including mercury, arsenic, dioxins and cyanide compounds. Environmental advocates, led by the Sierra Club’s Sanjay Narayan, argued the rule undermines Section 112 of the Clean Air Act by allowing sources emitting just under 10 tons of a single pollutant or 25 tons of multiple pollutants to escape MACT requirements.
EPA attorney Laura Glickman maintained that the statute’s present-tense language supports the agency’s interpretation of "major source" versus "area source." Judges Gregory Katsas and Robert Wilkins questioned whether the agency has the authority to adopt such a permissive stance, while Chief Judge Sri Srinivasan completed the three-judge panel. The outcome could determine whether the EPA can continue to reclassify sources and potentially raise nationwide toxic emissions.
Why it matters
The ruling will affect national standards for hazardous air pollutants and could increase public exposure to toxic chemicals.
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