In October, the Fertilizer Institute and a coalition of
fertilizer manufacturers led by PCS Phosphate Company, Inc. filed
separate challenges in the U.S. Court of Appeals for the D.C.
Circuit, seeking to stay and invalidate EPA's final rule
for Phosphoric Acid Manufacturing and Phosphate Fertilizer
Production Risk and Technology Review and Standards of Performance
for Phosphate Processing, under the Clean Air Act. The
October Petitions claim that EPA imposed new requirements to
continuously monitor the liquid and gas influent flow rates for
low-energy scrubbers and demonstrate continuous compliance with a
minimum influent liquid-to-gas ratio, effective immediately upon
publication of the rule; created a new monitoring approach for
low-energy scrubbers using blower design capacity with
"appropriate adjustments for pressure drop", alleging
that is an ambiguous and vague requirement and is unworkable; and
included other provisions in the rule that are being
challenged.
