Jump to Navigation
Jump to Content

Hooker Chems. & Plastics Corp. v. Train

Citation: 6 ELR 20478
No. No. 74-1683, 537 F.2d 639/8 ERC 1975/(2d Cir., 04/28/1976)

The court sets aside and remands for further consideration EPA's "new source" limitations for the phosphate manufacturing industry promulgated under § 306 of the Federal Water Pollution Control Act Amendments of 1972. EPA has already conceded that it will reconsider the new source performance standards for phosphorous trichloride, phosphorous oxychloride, food grade sodium tripolyphosphate, and food grade calcium phosphate. The court holds that merging promulgation of phosphorous and phosphorous pentasulfide regulations for new and existing sources into one procedure using the same data base was not objectionable per se. However, these new source regulations must also be vacated because nothing in the record indicates that the required technology is "available" or has been "demonstrated," or that EPA gave sufficient consideration to the costs of such technology. For counsel see 6 ELR 20467.

For himself, Bryan & Duffy,* JJ.