On Tuesday, June 14, 2016, EPA published a proposed rule in the Federal Register that would remove from Title V regulations the affirmative defense for noncompliance with certain emission limitations due to "emergency" circumstances. EPA now deems the affirmative defense to be inconsistent with recent federal case law and the Clean Air Act's enforcement structure. It is the latest move by EPA in a series of actions intended to rid the Clean Air Act of all affirmative defense provisions, even those original designed to address unavoidable events. The proposed rule can be accessed here: Removal of Title V Emergency Affirmative Defense Provisions.
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