NASF Sues EPA Over Hex Chromium Rules

 

The National Association for Surface Finishing has filed a legal challenge of the U.S. Environmental Protection Agency's final chromium electroplating National Emission Standards for Hazardous Air Pollutants, or NESHAP.

 

The NASF's Christian Richter and Jeff Hanapel said the plating trade group filed two court actions: a petition for judicial review of the ruling in the D.C. Circuit Court of Appeals, and a request for reconsideration of the rule with EPA. (Click here to read both documents on the NASF website.)

 

"The NASF is arguing that the EPA should reconsider the final NESHAP for chromium electroplating and anodizing facilities because the agency's final decision is not supported by sound science, does not have a rational basis in the record, relies on data and methodologies that are a departure from and not a logical outgrowth of the proposal, and is otherwise arbitrary," Richter and Hanapel said in a statement.

The NASF provided is a brief summary of the issues NASF raised in its challenge. In its petition for reconsideration, Specifically, NASF questioned:

 

 

 

 

 

 

 

In addition to the NASF's filing, the environmental group Earthjustice also filed a legal challenge on behalf of Sierra Club claiming that the final rule was not stringent enough. Richter and Hanapel say these actions will prompt NASF to argue that not only should EPA revise the final rule to more reasonable levels based on scientific data, but that EPA should not make the rule even more stringent pursuant to the claims of the Sierra Club.  

 

"For now, NASF must wait until EPA responds to the petitions for reconsideration of the final rule from both parties," Richter and Hanapel's statement said. "If EPA grants reconsideration of the rule, then it would initiate a new rulemaking process. If EPA denies reconsideration of the rule, the parties would argue before the federal appeals court over whether the rule should be overturned"

 

They say that if the court upholds the final rule, then it would be effective, but if it overturns the rule or portions of the rule, then EPA would be required to vacate the final rule and initiate a wholly new rulemaking process.

 

"The NASF will continue to pursue this issue aggressively and will be seeking the full support of the surface finishing industry, as the agency's actions here create a precedent for future finishing regulations that have little to no scientific basis," they said.