Nat'l Assoc. of Clean Water Agencies v. EPA, et al., No. 11-1131 (D.C. Cir. 2013)
Annotate this CasePetitioners challenged the EPA's final rule establishing emission standards for sewage sludge incinerators under section 129 of the Clean Air Act, 42 U.S.C. 7429. The court remanded to the EPA portions of the rule for further explanation without vacating the current maximum achievable control technology (MACT) standards. Specifically, the court directed the EPA to clarify why its Clean Water Act Part 503, 40 C.F.R. pt. 503, regulations controlled for other non-technology factors; to clarify issues related to its upper prediction limit and variability analysis; and to elaborate on how it could use a statistical method to determine whether a limited dataset was representative of incinerators for which it had no data, and to explain why it chose the variables it did for that statistical analysis. In all other respects, the court upheld the EPA's rule against petitioners' challenges.
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