The cement industry is fighting EPA's claims that a recent federal appeals court decision rejecting as time-limited a lawsuit over an air toxics rule for medical waste incinerators should also doom industry's suit over a cement air toxics rule, saying that the ruling in the medical waste suit cannot apply to the challenge over the cement rules.Environmentalists and states meanwhile in their litigation over a related cement industry new source performance standard (NSPS) are seeking to rebut the agency's defense for not including greenhouse gas (GHG) limits in the rule. The petitioners in a recent briefing argue that EPA had ample time to promulgate the standards and that the already lengthy delay in issuing GHG limits for the sector is reason for the court to impose a deadline for EPA to propose the limits.
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