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Inside EPA - 07/05/2019

EPA Faces Legal Risk With Rationale To Undo ‘Once In’ Air Toxics Policy

June 27, 2019
EPA’s legal rationale for its proposal to scrap the long-running “once in, always in” (OIAI) policy, which mandates that “major” air toxics sources always be subject to strict emissions controls, would bar the agency from reviving the policy, but the agency faces a legal battle over the rule and if it loses that fight a future administration could reverse it. The June 25 proposal echoes earlier agency guidance that says the 1995 OIAI policy is proscribed by the Clean Air...

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