Inside story on the legal challenge to EPA`s municipal waste combustor rule: The mouse that roared, Round 1
- Wood Quinn & Crapo, L.C., Salt Lake City, UT (United States)
An article in the Deseret News, one of two general circulation newspapers in Salt Lake City, Utah, dated December 13, 1996, reported that {open_quotes}David{close_quotes} took on {open_quotes}Goliath{close_quotes} and won. The article referred to the Davis County Solid Waste Management and Energy Recovery Special Service District`s (the {open_quotes}District{close_quotes}) victory on its challenge to the EPA`s municipal waste combustor rules. On December 6, 1996, the United States Court of Appeals for the District of Columbia Circuit ruled that the EPA violated the plain language of Section 129 of the Clean Air Act, when it wrote size categories for municipal waste combustors ({open_quotes}MWCs{close_quotes}) based on aggregate plant capacity, rather than unit capacity. The District argued that Congress divided the universe of MWC units into two categories: those with unit capacities above 250 tons per day, and those with unit capacities equal to or less than 250 tons per day. The EPA, however, had set the dividing line at 248 tons per day aggregate plant capacity in its municipal waste combustor rule. The Court said this was wrong. The Deseret News report certainly echoed the feelings of the District. Those of you familiar with the EPA, the process of judicial review of administrative rule making, and the Biblical story of David and Goliath, however, will quickly see that this is not the best metaphor to describe what happened. When David slew Goliath, that was the end of Goliath. He didn`t get back up. Of course, that will not happen to the EPA in the Davis County case. Like an 800-pound gorilla, it will always get back up after being challenged by a mouse. This paper tells the story of the challenge to the MWC rule from the District`s perspective. The District has not been popular with either the EPA or many industry players. But, the District was faced with a real problem that, given the District`s location and the local economy, forced its hand in this case.
- Research Organization:
- Solid Waste Association of North America, Silver Spring, MD (United States); Air and Waste Management Association, Pittsburgh, PA (United States); Integrated Waste Services Association, Washington, DC (United States); National Renewable Energy Lab. (NREL), Golden, CO (United States); American Society of Mechanical Engineers, Yonkers, NY (United States). Solid Waste Processing Div.; Environmental Protection Agency, Research Triangle Park, NC (United States). Air Pollution Technology Branch
- OSTI ID:
- 548958
- Report Number(s):
- CONF-970440-; ON: DE97007054; TRN: 97:005590-0046
- Resource Relation:
- Conference: 5. annual North American waste-to-energy conference and exhibition, Research Triangle Park, NC (United States), 22-25 Apr 1997; Other Information: PBD: 1997; Related Information: Is Part Of Proceedings of fifth annual North American waste-to-energy conference; PB: 1102 p.
- Country of Publication:
- United States
- Language:
- English
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