EPA 'Upset' Emissions Rule Includes OMB Changes That May Limit Citizen Suits

EPA's rule requiring facilities to develop plans for minimizing "upset emissions" --- such as those during startups, shutdowns and malfunctions (SSM) --- drops language at the suggestion of the White House Office of Management & Budget (OMB) that environmentalists say is crucial to their ability to sue facilities for failing to limit such emissions. Environmentalists say they will almost certainly sue over the March 31 final rule after EPA dropped language stating that failure to follow an SSM plan could...