Associations File Suit over EPA Medical Incinerator Rule

Date: January 15, 2010

Source: News Room

Two industry associations are challenging EPA's recently finalized medical waste incinerator air toxics rule. They argue that EPA unlawfully recalculated the industry's maximum achievable control technology (MACT) standard by using emissions data collected after the sector had already complied with EPA's first MACT rule for the sector, leading to an overly stringent result. The Medical Waste Institute and the Energy Recovery Council, formerly the Integrated Waste Services Association, filed a petition for review in the US Court of Appeals for the District of Columbia on Dec. 7. At issue is EPA's Sept. 16 final new source performance standard (NSPS) and emissions guidelines for new and existing hospital, medical and infectious waste incinerators, a standard that strengthens existing emission limits for all regulated pollutants emitted by the facilities. Section 129 of the Clean Air Act requires EPA to develop and adopt NSPS and emissions guidelines for solid waste incineration units. The NSPS addresses new sources, while the emissions guidelines address existing ones. Both are based on the MACT floor.

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