Removal of Affirmative Defense Provisions From Specified New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants

Issuing agencies

Abstract

The EPA is proposing amendments to several New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP) under the Clean Air Act (CAA). Specifically, the EPA is proposing to remove the affirmative defense provisions associated with violation of emission standards due to malfunctions. These provisions are being proposed for removal because the EPA finds that they are inconsistent with a D.C. Circuit Court decision that vacated affirmative defense provisions in one of the EPA's CAA regulations, and because the EPA finds that the reasoning in the decision applies equally to other CAA rules. Since the court decision, the EPA has been removing affirmative defense provisions from CAA rules when they were otherwise revised or amended. This action proposes to remove the remaining affirmative defense provisions more efficiently.