Clean Air Act Compliance Challenges

Law360, New York (December 16, 2011, 3:18 PM EST) -- Operators of facilities where releases of hazardous substances result in off-site injury may be subject not just to tort claims or Occupational Safety and Health Act (OSHA) liability, but also to substantial penalties under the Clean Air Act.

These fines may not be based on emissions violations, but on violations by the company of the general duty clause (GDC) and risk management program (RMP) requirements of CAA section 112(r).

In late 2009, the U.S. Environmental Protection Agency settled GDC enforcement cases arising from accidental releases at...
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