Appellate Court Allows EPA Proposal on Cement Plant Emissions to Proceed in Part

WASHINGTON, D.C. –– An appellate court has rejected in part challenges to the U.S. Environmental Protection Agency’s proposed rule outlining maximum emissions from cement plants, allowing the agency’s emissions standards and compliance date to stand.

In the April 18 decision, the U.S. Court of Appeals for the District of Columbia Circuit did, however, vacate the EPA’s attempts to include an affirmative defense in the proposal, ruling that doing so exceeded the agency’s statutory authority.

According to the appellate court, the process of making Portland cement involves pulverizing limestone and minerals in order to create clinker, a powder that is combined …