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U.S. Sugar Corp. v. Environmental Protection Agency

ELR Citation: 47 ELR 20002
Nos. 11-1108 et al., (D.C. Cir., 12/23/2016)

The D.C. Circuit granted EPA's request to remand the NESHAPs for industrial, commercial, and institutional boilers to the Agency without vacatur so that it can conduct rulemaking to modify them in accordance with the court's earlier ruling. On July 29, 2016, the court granted in part and denied in part petitions challenging three EPA rules setting NESHAPs for industrial, commercial, and institutional boilers and commercial and industrial solid waste incinerator units. Among the many challenges to the rules, petitioners questioned EPA’s decision to exclude certain sources from its calculation of maximum achievable control technology emissions standards for major-boiler subcategories. The Agency petitioned for a panel rehearing, asking that the major-boiler standards be remanded to it without vacatur to conduct rulemaking to determine which standards were affected by the court's ruling and to modify them accordingly. The court granted the petition because vacating the standards would unnecessarily remove many limitations on emissions of hazardous air pollutants from boilers, and allow greater emissions of those pollutants until EPA completes another rulemaking and implements replacement standards.