Medical Waste Institute & Energy Recovery Council v. Environmental Protection Agency
396 U.S. App. D.C. 99
| D.C. Cir. | 2011Background
- EPA promulgated MACT standards for hospital/medical/infectious waste incinerators under CAA §129.
- 1997 MACT floors relied on regulatory data due to insufficient actual-emissions data.
- Sierra Club-HMIWI remanded the rules without vacating, allowing reconsideration.
- By 2009, most HMIWI units had shut down or obtained exemptions; data reliability was in question.
- EPA proposed and final rule in 2009 removed the startup/shutdown/malfunction exemption (SSM).
- Petitioners challenge EPA’s post-remand floor-setting and data use, pollutant-by-pollutant approach, and SSM removal, seeking review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority to reset MACT floors post-remand | MACT floors based on 1997 data, cannot be revised | Remand allowed reconsideration; data updated to reflect performance | EPA acted lawfully in resetting floors using post-remand data |
| Pollutant-by-pollutant approach validity | Floors per pollutant rely on a hypothetical super unit | Approach permitted by statute to identify top-performers per pollutant | Challenge barred by § 7607(b)(1) (timeliness) |
| SSM exemption removal appropriateness | Removing SSM exemption was arbitrary | Sierra Club-SSM decision questioned utility of SSM; reconsideration required | Court lacks jurisdiction due to exhaustion requirements; review denied |
Key Cases Cited
- Sierra Club-HMIWI, 167 F.3d 658 (D.C. Cir. 1999) (methodology for MACT floors questioned; remand issued without vacatur)
- Sierra Club-SSM, 551 F.3d 1019 (D.C. Cir. 2008) (questioned SSM provisions for major sources; influenced HMIWI rulemaking)
- Bluewater Network v. EPA, 370 F.3d 1 (D.C. Cir. 2004) (arb. cap. standard review under AAPA/CAA)
- Motor & Equip. Mfrs. Ass'n v. Nichols, 142 F.3d 449 (D.C. Cir. 1998) (jurisdictional, 60-day petition-for-review period)
- Nat'l Ass'n of Clean Air Agencies v. EPA, 489 F.3d 1221 (D.C. Cir. 2007) (exhaustion and review principles for objections)
- Am. Road & Transp. Builders Ass'n v. EPA, 588 F.3d 1109 (D.C. Cir. 2009) (administrative-requests to reopen challenges)