Environmentalists, Industry Spar Over Future Of EPA SSM Air Waiver Policy

摘要

Environmentalists and former EPA air officials are sparring with Texas and industry groups over the future of the agency's policy on Clean Air Act regulatory exemptions for emissions during facility startup, shutdown and malfunction (SSM), as the Trump administration seeks to reauthorize the exemptions for states on a piecemeal basis. Opponents and supporters of SSM waivers detail their position on reviving the policy in comments filed ahead of a June 28 deadline on the agency's proposed approval of a revised Texas state implementation plan (SIP), which is a blueprint for Clean Air Act compliance. The SIP reintroduces an "affirmative defense" against penalties for air law violations from emissions associated with facility malfunctions and other unplanned events. Companies can assert the defense provided they can show they took reasonable steps to ensure their equipment is in proper working order.