ELR Citation: 43 ELR 20189
No(s). 12-1345 (D.C. Cir. Aug 12, 2013)

The D.C. Circuit denied petitions challenging EPA's revised NESHAPs for primary lead processing operations. Despite petitioners' argument to the contrary, EPA's use of the lead NAAQS as a benchmark in setting a NESHAP for lead compounds does not violate the CAA's prohibition on regulating elemental lead as a hazardous air pollutant. Nor did EPA act arbitrarily and capriciously by requiring one of the petitioners to comply with the new emissions standards in two years instead of three. The court has previously held that Congress clearly intended to grant existing sources no more than two years to comply with the revised emissions standards. And the petitioners lacked standing to challenge EPA's decision to expand the emissions standard's application to primary lead production processes other than smelting.