Varun Shekhar of Babst, Calland, Clements and Zomnir. Courtesy photo EPA Deletes Emergency Affirmative Defense Provisions From Its Clean Air Act Title V Permitting Program Rules
The emergency affirmative defense provision under 40 C.F.R. Parts 70 and 71 originated from rulemaking promulgated by the EPA in 1992. This rulemaking was intended to implement the 1990 amendments to the CAA which established Title V, including requirements for operating permitting programs as applicable to among other things, "major sources."
August 24, 2023 at 11:25 AM
7 minute read
Environmental Law
The U.S. Environmental Protection Agency (EPA) has finalized rulemaking originally proposed in 2016 to remove "emergency" affirmative defense provisions from its Clean Air Act (CAA) permitting regulations for "major sources." On July 21, the EPA published a final rule amending 40 C.F.R. Sections 70.6 and 71.6 to delete the emergency affirmative defense provisions in light of decisions from the U.S. Court of Appeals for the D.C. Circuit.
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