Law Commons^™

A Scrivener's Error Or Greater Protection Of The Public: Does The Epa Have The Authority To Delist Low-Risk Sources Of Carcinogens From Section 112'S Maximum Achievable Control Technology Requirements?, Bradford Mank

Faculty Articles and Other Publications

This article will focus on the scope of the EPA's authority to delist categories and subcategories of sources, especially those emitting carcinogens.

This article concludes that the EPA's creation of a low-risk subcategory of PCWP sources is improper because the plain language of subsection 112(c)(9)(B)(i) limits the Agency's delisting authority to whole categories of carcinogenic sources. The EPA has failed to meet its heavy burden in attempting to demonstrate that Congress made a drafting error when it omitted the term "subcategory" in subsection 112(c)(9)(B)(i) for carcinogenic chemicals. The doctrine of scrivener's error is inapplicable to the plain language of subsection …