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| The Arizona Cattlemen's Association Industry News - Appeal from EPA Dust Regulations | |||||||||||||
| National Cattlemen's Beef Association (NCBA) files appeal on the Environmental Protection Agency's (EPA) "Dust" regulations. Challenging the arbitrary and capricious action of ignoring the difference between "coarse" rural dust and "fine" dust from combusted materials. This appeal supported by ACA is based on whether EPA violated the Clean Air Act by issuing a National Ambient Air Quality Standard (NAAQS) for non-urban coarse Particulate Matter (PM) despite finding that there is no evidence of risk to public health. Whether EPA violated the Clean Air Act and the Supreme Court's Whitman decision by setting a standard for non-urban coarse PM that is admittedly more stringent than is "requisite" to protect public health. Whether EPA's PM10 indicator, which is the same one this Court vacated in 1999, is arbitrary and capricious because it remains confounded by PM fine and also fails to set a "requisite" level for PM coarse. Read the Appeal Brief (PDF) |
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