Nat'l Assoc. for Surface Finishing v. EPA, No. 12-1459 (D.C. Cir. 2015)
Annotate this CasePetitioners challenge the EPA's 2012 regulation revising Clean Air Act (CAA), 42 U.S.C. 7412(d), standards for emissions of hexavalent chromium. The new rule imposes more stringent emissions limitations than its predecessor and mandates the phase-out of a category of fume suppressants containing the toxic compound perfluorooctyl sulfonate (PFOS). The court rejected, as contrary to the court's precedent, environmental petitioners' contention that EPA was required to calculate a new maximum achievable control technology (MACT) floor when it revised emissions standards pursuant to its technology review under section 112(d)(6) of the CAA; the court deferred to EPA’s methodology as well as its ultimate balancing decisions where it took into account the statutorily required considerations, inter alia, cost, emissions reductions, and health risk, as well as provided a transparent, reasoned explanation of its decision; the court was satisfied with the EPA's data-gathering and analysis and therefore, rejected the Association's argument that EPA unreasonably determined in its technology review that “developments” had occurred after the original rulemaking that required revision of the existing emissions standards; it suffices for EPA to show that non-PFOS based suppressants are as effective at controlling surface tension as PFOS-based suppressants; and EPA's risk review under section 112(f)(2) was reasonable. Accordingly, the court denied the petitions for review and upheld the rule.
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