DC Circ. Rebuffs Industry Challenge To EPA Boiler Rule

Law360, New York (March 11, 2014, 2:05 PM EDT) -- The D.C. Circuit on Tuesday upheld a U.S. Environmental Protection Agency rule imposing new source performance standards on particulates from certain steam-generating boiler units, rejecting industry claims that the agency had imposed the rule without adequate explanation or notice.

The Utility Air Regulatory Group — which represents electric generators — had argued that the EPA’s February 2012 rule requiring operators of certain older steam boiler units to periodically check the opacity of emissions coming from those boilers and ensure compliance with a 20 percent maximum opacity...
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