Activists Say New EPA Defense For 'Excess' Emissions May Be Unlawful

摘要

Environmentalists are criticizing EPA's nascent policy to provide industry with an "affirmative" defense against civil Clean Air Act penalties for some excess emissions that violate air pollution limits, saying the policy is at odds with the air law because it stymies courts from imposing penalties and might hinder the ability to file citizen suits.rnEPA is taking steps to implement the new policy consistently through new and pending air toxics regulations, most recently by offering the affirmative defense for six industry sectors' maximum achievable control technology (MACT) standards the agency proposed in an Oct. 21 Federal Register notice. The agency created the affirmative defense for the first time in its Sept. 9 final rule establishing a MACT for the Portland cement sector.