California AG and Illinois AG Filed Motion to Intervene in Litigation Challenging EPA’s Rollback of Air Toxic Compliance Requirements for Cement Plants

OCTOBER 23, 2018

California Attorney General Xavier Becerra and Illinois Attorney General Lisa Madigan filed a motion to intervene in Downwinders at Risk v. the Environmental Protection Agency (EPA), a lawsuit challenging a rule finalized by the EPA in July 2018 that severely weakens air toxic compliance requirements for cement plants. In their motion to intervene, the attorneys general noted that, instead of meeting its statutory obligations under section 112(d)(6) to review the agency’s industry-specific standards for hazardous air pollutants and propose new technology-based emission standards mitigating public risk, the EPA’s final rule establishes a regulatory loop-hole allowing cement kiln operators to evade emissions standards by periodically shutting down their operations. The attorneys general also noted that disadvantaged communities bear the greatest exposure to hazardous air pollution from cement kilns, which emit dangerous carcinogens and neurotoxins including mercury, lead, arsenic, cadmium, and dioxins.

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