Sierra Club v. United States Environmental Protection Agency

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

Section 129 of the Clean Air Act, added by the 1990 amendments, directs EPA to establish performance standards for new and existing medical waste incinerators (“MWIs”), including “emissions limitations and other requirements” for new units and “guidelines ... and other requirements” for existing units. 42 U.S.C. § 7429(a)(1). In general, the standards 1 are to

reflect the maximum degree of reduction in emissions of air pollutants ... that the Administrator, taking into consideration the cost of…