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Medical Waste Institute v. Environmental Protection Agency

ELR Citation: 41 ELR 20216
Nos. No. 09-1297, (D.C. Cir., 06/24/2011)

The D.C. Circuit denied medical waste trade associations' petition for review challenging EPA's performance standards for new and existing hospital/medical/infectious waste incinerators (HMIWI). The associations argued that the data set EPA used to establish the standards was flawed. But EPA's decision to use emissions data from the HMIWI units remaining in operation after the implementation of the 1997 standards, once it determined that the data set upon which it had relied in 1997 was flawed, was reasonable. Accordingly, EPA acted lawfully in resetting the maximum achievable control technology floors based on post-compliance emissions. The associations also argued that the Agency's pollutant-by-pollutant approach to setting target emissions levels was impermissible and that the Agency acted arbitrarily when it removed a provision exempting HMIWI from complying with the standards during periods of startup, shutdown, and malfunction. But the associations failed to meet the CAA's procedural requirements with regard to these claims. The court, therefore, lacked jurisdiction.