EPA Defends Startup, Shutdown Revisions At DC Circ.

Law360, New York (July 27, 2016, 8:57 PM EDT) -- The U.S. Environmental Protection Agency on Tuesday asked the D.C. Circuit not to strike down a requirement that 36 states revise emissions exemptions related to startup, shutdown and malfunction events.

A broad coalition of energy companies, utilities and industry organizations, along with several states and state agencies have challenged the action, arguing it isn't based on any new statutory requirement or the EPA's issuance of new regulations. They also said the action isn't mandated by any court decision or tied to any demonstrated air quality problem.

But the EPA said it issued its "State Implementation Plan Call" for specific provisions that...

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