Over the 33 years the provision has been in place, the EPA has never used its biennial sewage sludge review process to identify toxic pollutants requiring regulation and to then regulate those harmful chemicals, PEER said in its appeal filed with the District of Columbia Court of Appeals. “Instead, every two years EPA simply gathers information about pollutants in sludge. It treats the question of whether the regulations should be updated as a future step it can take at an undefined and unenforceable time,” PEER wrote.
The Court will likely hear oral arguments in the appeal case later this year, after which it will issue a decision, said Dumais.
