In this Issue:

- EPA Issues SIP Call to Eliminate SSM Defense

- EPA and Corps Define “Waters of The United States”

- Frequent Questions: EPCRA 313

- Generators Need to be Vigilant About TCLP Sampling Protocol

- EPA Proposes to Redesignate Charlotte Area to Attainment for Ozone Standard

- South Carolina Court Limits CERCLA Remedies

- Excerpt from EPA Issues SIP Call to Eliminate SSM Defense:

EPA has issued a final rule that requires 36 states to revise their State Implementation Plans to eliminate a well-known and often-used Clean Air Act defense for excess emissions. While specific elements of the defense differ from state-to-state, the defense generally offers protection from enforcement when manufacturers and other sources exceed emission limits during periods of startup, shutdown, or malfunction (“SSM”). The idea behind the defense is that excess emissions during these periods are often unavoidable, and it would be unfair to impose penalties under such circumstances. Virginia, South Carolina and North Carolina have long had such a defense in their air regulations and their approved SIPs.