EPA Scrapping Of SSM Waivers Seen Driving ‘Strict Liability’ Under Air Act

EPA’s efforts to scrap exemptions from air emissions limits for periods of facility startup, shutdown and malfunction (SSM) in state air plans, facility permits and some of the agency’s own regulations may herald “strict liability” that would dramatically change Clean Air Act (CAA) implementation, industry attorneys say. Throughout its history, the air law has been implemented by states using waivers for SSM events, and especially malfunctions, industry attorneys say, and this now risks being upended and replaced with a strict...