American Petroleum Institute filed 1 comment on this docket between Aug 12, 2024 and Aug 12, 2024. 0 other organizations filed here. The comment window closed 719d ago.
American Fuel & Petrochemical Manufacturers (AFPM) and the American Petroleum Institute (API) Comments Submittal for Proposed Removal of Affirmative Defense Provisions from Specified New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants - EPA-HQ-OAR-2023-0509
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.
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