Removal of Affirmative Defense Provisions from Specified New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants

1 organizations filed 1 public comment on Removal of Affirmative Defense Provisions from Specified New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants, at the Environmental Protection Agency. The comment window closed 719d ago.

Abstract

An affirmative defense provision is provided in some CAA section 111, 112, and 129 regulations which allows applicable regulated sources to demonstrate that, despite reasonable efforts to avoid a malfunction, an emission standard was violated for circumstances beyond the control of the source. This provision further provides that courts can only assess civil penalties if violators failed to prove the affirmative defense requirements. This provision was vacated in one of the EPA’s CAA section 112 regulations and, consequently, the EPA has been removing the affirmative defense provision from individual rules during periodic review. This action will further progress more efficiently by removing the affirmative defense provision from numerous rules in a single notice.

Commenters (1)

• American Petroleum Institutetrade assoc.

  1 filing · confidence 97%