EPA: Proposes Changes to Emission Standards Under Clean Air Act

The EPA is proposing amendments to the New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP) under the Clean Air Act. The proposed amendments will remove the affirmative defense provisions for emission standard violations due to malfunctions. These changes are in response to a court decision that found such provisions inconsistent with the Clean Air Act. Businesses affected by these standards must prepare for stricter compliance requirements.

The Environmental Protection Agency (EPA) is set to amend the New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP) under the Clean Air Act (CAA). The key change involves the removal of affirmative defense provisions, which currently allow businesses to defend themselves against penalties for emission standard violations due to malfunctions. These provisions previously allowed businesses to avoid penalties if they could prove that violations were due to unavoidable malfunctions. The EPA is eliminating these provisions to align with a court decision that found them inconsistent with the Clean Air Act. Companies that are subject to NSPS and NESHAP will no longer be able to use malfunction as a defense for exceeding emission limits. They must ensure that their operations comply with emission standards at all times, even during malfunctions.

SOURCE: Environmental Protections Agency, Removal of Affirmative Defense Provisions From Specified New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants, 89 FR 52425, (June 24, 2024)