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Expert Analysis

EPA Emissions Proposal May Spur Greater Enforcement

Law360, New York (October 20, 2014, 2:03 PM EDT) -- On Sept. 5, the U.S. Environmental Protection Agency proposed to prohibit excess emissions during periods of startup, shutdown or malfunction ("SSM") in state implementation plans under the Clean Air Act. The EPA concluded that a recent court decision did not even permit the agency to approve the narrowly crafted provisions in SIPs allowing for excess emissions during malfunctions allowed by a previous agency proposal. If finalized, this proposal means that governmental authorities implementing CAA provisions in 37 states and the District of Columbia would be required to revise existing regulations to remove SSM affirmative defenses.[1]...

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