Environmental, Industry Groups Argue Against EPA Secondary Lead Smelter Rule

Federal appeals court judges indicated April 12 they must decide whether they are bound by a holding in a 2008 case when evaluating environmental groups’ challenge to revised air toxics standards for secondary lead smelting facilities (Ass’n of Battery Recyclers Inc. v. EPA, D.C. Cir., No. 12-1129).

Environmental groups and industry petitioners are challenging the Environmental Protection Agency’s standards, which apply to 16 facilities that use furnaces to recover lead from scrap, such as automobile batteries. EPA has said the standards will help bring some areas into attainment with the national ambient air quality standard for lead ...