Environmentalists could sue over EPA cement standards

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US: Washington-based news agency InsideEPA has reported that environmentalists may be preparing to sue the US Environmental Protection Agency (EPA) over its revised emissions limits for the cement sector because the rules largely adopt weaker limits and extended compliance deadlines that had been sought by the industry. The agency says that critics warn that the ruling will create more toxic air emissions and criteria pollutant emissions that pose significant risks to public health.

"By the EPA's own numbers, that delay will cause between 1920 and 5000 Americans to die prematurely from exposure to cement plants' soot pollution. The rules will also allow cement plants to pump an additional 15,000kg of mercury into the environment," said one environmentalist quoted by Inside EPA, citing the EPA's data.

The EPA had faced a 20 December 2012 consent decree deadline to issue the rules, which revise its national emission standards for hazardous air pollutants (NESHAP) air toxics limits and new source performance standards (NSPS) criteria pollutant controls for the sector. The rules address a cement sector push for reconsideration of the NESHAP and NSPS as set in 2010, in addition to a federal appeals court ruling partly remanding the 2010 rulemaking to EPA.

In June 2012 the EPA proposed to revise the rules by weakening the particulate matter (PM) limit for new and existing kilns. It also proposed to extend the compliance deadline for the air toxics standards from 2013 to 9 September 2015. Both measures were sought by the cement sector, which argued that the 2010 rules were too stringent.

Environmental groups, including Earthjustice and the Natural Resources Defense Council, filed comments criticising the proposal as unlawfully weak under the Clean Air Act, and opposing the changes.

It now looks likely that the revised cement rules will prompt a lawsuit from these and other environmental groups given their warnings in written comments that the proposed version was unlawful under the Clean Air Act.

In contrast, the Portland Cement Association (PCA) President Greg Scott has welcomed the rules, saying that they, "Will provide PCA members and the cement industry the additional time needed for compliance with the revised standards. Such time is essential to properly complete the planning, engineering, permitting, testing and construction of the various new technologies that will be necessary to implement the revised standards."

He added that the rules, while now achievable, were still 'extremely challenging.' mitigating fears that the industry could sue over their implementation.

Last modified on 09 January 2013

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