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Administrative Law Keyed to Aman
Chemical Manufacturers Association v. Environmental Protection Agency
Citation:
217 F.3d 861 (2000)Facts
The EPA promulgated revised emission standards for hazardous waste combustors under both the Resource Conservation and Recovery Act and the Clean Air Act. The rule established a bifurcated compliance schedule: combustors intending to comply with the new standards had three years to do so, while those not intending to comply (primarily cement kilns and on-site incinerators) had to cease burning hazardous waste within two years under an “early cessation” program. EPA claimed this program would provide “numerous benefits for human health and the environment” but failed to substantiate this claim. The Agency acknowledged that hazardous waste from facilities subject to early cessation would simply be redirected to other facilities operating under the same emission standards during the interim period. Petitioners challenged the early cessation program, arguing it imposed substantial costs without environmental benefits and exceeded EPA’s statutory authority.
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