EPA Could Revive 1982 Enforcement Discretion Policy For Air Malfunctions

摘要

EPA could revive a 1982 policy offering enforcement discretion for emissions limit violations during industrial facility malfunctions as a short-term approach while it weighs how to address an appellate ruling scrapping a defense it gave to industries for Clean Air Act violations during malfunctions, a key environmentalist says. "I'm guessing the [EPA] enforcement office will dust off its old malfunction policy it put out as an enforcement discretion document," said Environmental Integrity Project Director Eric Schaeffer - a former EPA civil enforcement office chief- in May 9 remarks at an American Law Institute-Continuing Legal Education Group event in Washington, DC. The decades-old memo says EPA will use enforcement discretion for air limit violations during malfunctions.