ELR Citation: 54 ELR 20128
No(s). 22-1271 (D.C. Cir. Sep 3, 2024)

In a per curiam opinion, the D.C. Circuit granted industry groups' petitions and denied environmental groups' petition to review EPA's application of a 2022 rule that classified industrial boilers built after 2010 as "new" rather than "existing" sources of hazardous air pollutants. The industry groups challenged the rule's definition of "new," arguing the application of emission standards promulgated in 2022 to equipment built in 2010 violated the CAA, and the environmental groups challenged EPA's exclusion of post-2013 data when calculating the new standards. The court held the rule misinterpreted the definition of "new source," granted the industry petitions, and set the rule aside to the extent it defines sources constructed or reconstructed before August 24, 2020, as new. It further held EPA's decision to rely on the same 2013-era dataset it had used for other, still-valid emission standards promulgated for boilers in 2013 did not violate the CAA, and it denied the environmental groups' petition.