OMB CHANGES TO EPA 'UPSET' EMISSIONS RULE MAY LIMIT CITIZEN SUITS

EPA's final rule requiring facilities to develop plans for minimizing unexpected industrial emissions does not include language in the proposal that environmentalists say was crucial for outside groups to sue facilities for violations, after the Office of Management & Budget (OMB) urged EPA to drop the language. Environmentalists say they will almost certainly sue over the March 31 rule because EPA omitted language stating that failure to follow a startup, shutdown and malfunction (SSM) plan could be considered evidence that...