Client Portal Contact Us Search

Blog

National Emission Standards for Hazardous Air Pollutants/Plywood and Composite Wood Products Rule: Sierra Club Files D.C. Circuit Court of Appeals Challenge

October 28, 2026

By: Walter G. Wright

Category: Arkansas Environmental, Energy, and Water Law

Download PDF

Sierra Club filed on October 23rd a petition before the United States Court of Appeals for the D.C. Circuit (see Case No. 26-1230 ) challenging the United States Environmental Protection Agency’s (“EPA”) final rule entitled:

National Emission Standards for Hazardous Air Pollutants: Plywood and Composite Wood Products.

See 91 Fed. Reg. 41410 (July 6, 2026).

Sierra Club was joined in the petition by the environmental organizations CleanAIRE NC, and GASP.

EPA on July 6th finalized amendments to the Clean Air Act National Emission Standards for Hazardous Air Pollutants (“NESHAP”) for the plywood and composite wood products (“PCWP”) category. The final rule promulgated maximum achievable control technology (“MACT”) standards in the form of emission limitations and work practices for total hazardous air pollutants (“HAP”) including:

  • Acetaldehyde.
  • Acrolein.
  • Formaldehyde.
  • Methanol.
  • Phenol.
  • Propionaldehyde.
  • Other pollutants.

Sources affected by the amendments include PCWP process units and lumber kilns located at facilities that are major sources of HAP emissions.

The purpose of the action was to finalize EPA’s determination pursuant to the technology review provisions of Section 112 of the Clean Air Act for the PCWP source category and amend the PCWP NESHAP based on those determinations. EPA also stated the final rule is intended to reflect several changes to a May 2023 proposal in consideration of comments received during the public comment period.

Sierra Club’s petition lists 13 issues be addressed by the federal appellate court:

A copy of the Sierra Club petition can be found here.

The Between the Lines blog is made available by Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. and the law firm publisher. The blog site is for educational purposes only, as well as to give general information and a general understanding of the law. This blog is not intended to provide specific legal advice. Use of this blog site does not create an attorney client relationship between you and Mitchell Williams or the blog site publisher. The Between the Lines blog site should not be used as a substitute for legal advice from a licensed professional attorney in your state.