Manufacturers and industry trade associations have reportedly filed petitions for review in the D.C. Circuit Court of Appeals challenging EPA’s national emissions standards for hazardous air pollutants (NESHAP) for reciprocating internal combustion engines and the rule’s monitoring requirements. Petitioners will challenge the stringency of EPA’s emissions limits, the rule’s compliance measures and the lack of public comment on some of the rule’s provisions, according to sources.

The rule, which was published August 20, 2010 (75 Fed. Reg. 51,570), requires operators of stationary spark ignition engines built before June 12, 2006, to control emissions of hazardous air pollutants such as formaldehyde, acetaldehyde, acrolein, methanol, and benzene. Scheduled to take effect in 2013, the rule amended 40 C.F.R. Part 63 Subpart 2222. EPA agreed to issue the rule as part of a settlement that required the agency to issue emissions limits for 55 source categories. Sierra Club v. Johnson, No. 01-1537 (D.D.C. 3/31/06). See BNA Daily Environment Report, October 25, 2010.