D.C. Circuit Court Deals Cement Kiln Recycling Coalition a Setback

Date: July 23, 2007

Source: News Room

The Cement Kiln Recycling Coalition was dealt a setback by a D.C. Circuit Court which denied a petition to review an EPA regulation that governs the permitting process for facilities which burn hazardous waste as fuel. The court ruled that the agency's regulation set forth an identifiable permitting standard, that the agency's interpretation of the regulation was neither plainly erroneous nor inconsistent with the regulation, and that the agency satisfied the Administrative Procedure Act in developing its rules.

The case is Cement Kiln Recycling Coalition v. Environmental Protection Agency, et al. D.C. Circuit.

The regulation at issue: NESHAP: National Emission Standards for Hazardous Air Pollutants for Hazardous Waste Combustors (40 CFR Part 63).

The Cement Kiln Recycling Coalition: www.ckrc.org.

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