Petitions have been filed in the U.S. Circuit Court of Appeals, District of Columbia Circuit, challenging EPA rules, finalized in December, for control of emission of hazardous air pollutants from commercial and industrial solid waste incinerators (CISWI). The petitions, filed by industry and environmental groups, also challenge a companion EPA rule defining non-hazardous secondary materials (NHSM), under which EPA determines whether materials used as fuels cause a facility to be governed by the maximum achievable control technology rule for emissions from boilers (Boiler MACT) or the CISWI rule. The new petitions join already pending challenges to EPA’s Boiler MACT rule.

The petitions do not spell out the portions of the rules being challenged. It is expected that recordkeeping and reporting requirements, classification of certain materials such as used railroad ties, and weakening of emission limits from the previously promulgated versions of the rules will be addressed.