Dec. 22
The U.S. Court of Appeals for the District of Columbia Circuit has
vacated a federal rule that allowed refineries, chemical plants and other
industrial sites to exceed federal pollution limits during startup, shutdown
and malfunction.
The court ruled 2-1 to send the rule back to the U.S. Environmental
Protection Agency to redraft. The agency created the exemption in 1994, but
now must go back and redo the rule to comply with the courtīs decision.
Public interest law firm Earthjustice brought the lawsuit challenging the
rule on behalf of several environmental groups. They argued toxic emissions
skyrocketed at the facilities during the exempted periods. They also claimed
some facilities exceeded pollution limits during normal operation under the
guise of being in startup, shutdown or malfunction mode.
But refineries have reduced emissions that occur during those events over
the last five to 10 years, said Rich Alonso, a former EPA enforcement
official who is now counsel in Brace & Giuliani LLPīs environmental
strategies group. He represents petroleum refiners on clean air, permitting
and enforcement issues. Changing the rule will have no environmental benefit
and only will increase paperwork and administrative burdens, he said.
Contact Waste News reporter Joe Truini at (330) 865-6166 or
jtruini@crain.com
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