EPA Floats Plan To Scrap ‘Affirmative Defense’ From Multiple Air Rules

June 21, 2024
EPA is proposing to eliminate “affirmative defense” provisions from air rules governing power plants, chemical plants and 16 other industry sectors, arguing the exemptions for excess emissions during equipment malfunctions are unlawful, even as a major court ruling has found their application in state air quality plans partially permissible. In a proposal scheduled for publication in the Federal Register June 24, EPA announces plans to remove the exemptions from multiple air rules, including air toxics rules under Clean Air...

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