Jump to Navigation
Jump to Content

Air Alliance Houston v. Environmental Protection Agency

ELR Citation: 48 ELR 20149
Nos. 17-1155, (D.C. Cir., 08/17/2018)

The D.C. Circuit vacated EPA's rule delaying the 2017 Chemical Disaster Rule, which established safety standards for chemical facilities. The Agency argued that it had authority under CAA §112 to delay the effective date of the Rule beyond the ninety-day limit set forth in CAA §307 because ninety days was insufficient to complete the reconsideration process. But the court disagreed, concluding that the Agency could not avoid the CAA's express limitations under §307 by invoking general rulemaking authority under §112 when the Agency had exercised its authority under §307 to delay the rule. The court further found that the delay rule was arbitrary and capricious because it did not adequately explain why it was departing from the Agency's previous conclusions regarding the appropriate effective and compliance dates for the rule. The court therefore vacated the delay rule.