End Of Clean Air Act Affirmative Defense Could Hurt Cos.

By Madeleine Boyer, Laura LaValle and Zachary Pilchen (May 9, 2022, 4:28 PM EDT) -- The U.S. Environmental Protection Agency is moving aggressively to reinstitute sweeping revisions to its affirmative defense and startup, shutdown and malfunction, or SSM, exemptions under the Clean Air Act that would have far-reaching implications for industry operations.

Industry has two opportunities to provide input. The first is by commenting on the EPA's proposed rule to remove affirmative defenses from its Title V operating permit regulations. The deadline for comments is May 16.

The second opportunity is by responding to a proposed state implementation plan, or SIP, call that would impose deadlines for the EPA to remove the SSM provisions of 10 states...

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