The Halogenated Solvents Industry Alliance, International Fabricare Institute (now known as the Drycleaning & Laundry Institute), the Textile Care Allied Trades Association and the National Cleaners Association are asking for a review of EPA's amendments to the National Emission Standards for Hazardous Pollutants (NESHAPS), which were issued in July 2006.
The first of the two recent submissions, filed in mid-January, responds to the Sierra Club's argument that the phase-out should be applied to all cleaners, including those in non-residential buildings.
The second brief, filed in February, claims that the EPA ignores the two-stage process established by Congress for reviewing and revising NESHAPS and also does not acknowledge the parameters imposed by Congress for determining what revisions are needed. The brief claims that EPA's interpretation “is directly at odds with the [Clean Air Act's] plain language and Congress' intent”.
The US Court of Appeals has consolidated the two challenges to the EPA into one case. Final briefs were due by the end of February and a hearing is planned for May.
