Columbia Falls Aluminum Company v. Environmental Protection Agency and Carol M. Browner, Administrator, Reynolds Metals Company, Intervenors

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

These consolidated petitions, brought by small manufacturers of aluminum, challenge three rules of the Environmental Protection Agency, promulgated pursuant to § 3004 of the Resource Conservation and Recovery Act of 1976 (“RCRA”), Pub.L. No. 94-580, 90 Stat. 2795. The rules establish a treatment standard for “spent potliner” — a byproduct of primary aluminum reduction — and prohibit its land disposal if it is untreated. Because EPA’s test for determining compliance with its spent potliner treatment standard is…