Am. Petroleum Inst. v. EPA

摘要

Environmental Protection Agency unreasonably defined factors for determining legitimacy of recycling operations in issuing rule redefining when certain hazardous secondary materials are discarded and constitute solid waste under Resource Conservation and Recovery Act, because, even though EPA reasonably established material containment and identification requirements in establishing factor requiring that secondary materials be handled as valuable commodities: (1) EPA only has authority under RCRA to regulate discarded waste, (2) factor requiring that recycling products with exist- ing analogues contain comparable or lower levels of hazardous substances to legitimate analogue products is not based on relevant health and environmental risk of total amount of substances and is not reasonable tool for determining legitimate products from discarded waste, and (3) procedures required to qualify for commodity exception to other legitimacy requirements are not tied to whether products are waste or not.