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Court Asked to Halt PS 18 Monitoring Lawsuit
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Court Asked to Halt PS 18 Monitoring Lawsuit


On October 14, EPA and the Portland Cement Association, which is suing the agency, filed a joint motion to hold the litigation in abeyance pending EPA's review of an administrative petition for reconsideration of certain issues filed by the industry group. The motion asks the U.S. Court of Appeals for the District of Columbia Circuit to halt action in litigation over Performance Specification 18 (PS 18). The cement association filed a lawsuit that seeks review of requirements for assessing the accuracy and stability of continuous emissions monitoring systems that are used to assess hydrogen chloride emissions at cement kilns and power plants. In an October 5 statement of issues, the industry group mentioned several possible issues that it could raise in litigation, including whether the performance specification rule is arbitrary and capricious because it contains errors in calculation and incorrect definitions and terms.  


In addition to the lawsuit, the group filed a petition for reconsideration with the EPA that identifies certain aspects of the rule that it contends were promulgated in error and should be reconsidered. The agency is considering the petition and has not decided whether to grant the request.  The joint motion requested that the D.C. Circuit require the EPA to submit a progress report every 120 days on its review of the administrative petition.  The Utility Air Regulatory Group, an electric power trade group that is seeking to intervene in the ligation on behalf of the petitioner, does not oppose the joint motion.

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