Double Trouble: An Update on General Duty Obligations

摘要

General Duty. We hear the term often in the environmental legal arena - particularly in enforcement actions. Last year we talked a great deal about the U.S. Environmental Protection Agency's ("EPA") use of a General Duty recognized under Section 112(r)(1) of the Clean Air Act ("CAA"), and we will continue to talk about that authority in this paper, and for years to come. Yet, as Yoda once said to Obi-Wan: "There is another." Relevant New Source Performance Standards ("NSPS") and Maximum Achievable Control Technologies ("MACT") standards identify an independent General Duty during periods of startup, shutdown, and malfunction ("SSM").