Filed as an attachment.
Removal of Affirmative Defense Provisions from the National Emission Standards for Hazardous Air Pollutants for the Oil and Natural Gas Production Facility and Natural Gas Transmission and Storage Facility Source Categories
Activity
Center for Biological Diversity filed 2 comments on this docket between Jan 17, 2024 and Jan 18, 2024. 0 other organizations filed here. The comment window closed 924d ago.
What Center for Biological Diversity filed (2)
Filed on regulations.gov — full text not in the inline record.
Abstract
On Thursday, August 16, 2012, the EPA promulgated affirmative defense provisions as part of the Risk and Technology Review of subparts HH and HHH of Part 63 Standards for Hazardous Air Pollutants at 77 FR 49490. The D.C. Circuit Court issued an opinion vacating vacated the portion of EPA’s Portland Cement Manufacturing Industry NESHAP that established an affirmative defense for emissions violations caused by “unavoidable” malfunctions (NRDC v. EPA, 749 F.3d 1055 (D.C. Cir. 2014). This docket is to support the federal register actions to address the affirmative defense provision in subpart HH/HHH in light of the NRDC decision. Related to EPA-HQ-OAR-2015-0747 and EPA-HQ-OAR-2010-0505
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