EPA Can Make Utah Revise Emissions Rule, 10th Circ. Says

Law360, Los Angeles (August 8, 2012, 7:48 PM EDT) -- The Tenth Circuit on Monday backed up a U.S. Environmental Protection Agency rule that forced Utah to revise a provision allowing companies to exceed federal air emission limits if their equipment malfunctions unexpectedly.

The three-judge panel said the EPA was within its authority when it threatened to take over aspects of Utah's air quality program unless the state changed its so-called unavoidable breakdown rule, which allows companies to avoid government enforcement actions if facilities suffer unexpected and unavoidable equipment malfunctions.

The rule had been challenged by...
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