PCA to file lawsuit against EPA on emissions standard

The US Portland Cement Association (PCA) is joining a coalition of associations in filing a lawsuit against the US Environmental Protection Agency (EPA) regarding the Particulate Matter (PM) 2.5 emissions standard. On 7 February 2024, the EPA issued its Final Reconsideration on the Particulate Matter National Ambient Air Quality Standards (NAAQS), opting to lower the primary annual health-based standard for PM2.5 from its current level of 12µg/m³ to 9µg/m³. 

According to the EPA, the best available science demonstrated that the 9µg/m3 standard was sufficient to protect human health. The new standard is expected to go into effect 60 days after the Final Reconsideration has been published in the Federal Register. The PCA has highlighted that that date will impact industry permit applications for cement plant upgrades because state regulators must consider pending permit applications with the new standard starting on the effective date. It is unlikely that states will need to reach attainment prior to 2032. 

PCA and members advocated with Congress and the Biden Administration throughout the rulemaking process and submitted comments on 28 March 2023 urging the EPA to retain the 12µg/m³ and to review an analysis created by the PCA that outlines the adverse economic impacts that lowering the standard would have on the cement industry. 

The PCA says that it will advise its members on the next steps related to the Final Reconsideration, which will include suing the Administration in coordination with other industry associations and advocating for Congress to overturn the Final Reconsideration or deny funding to the EPA for its implementation.