News & Analysis as of

SIP Affirmative Defenses

Maynard Nexsen

EPA Relaxes Policy on Startup, Shutdown, and Malfunction Emissions Standards

Maynard Nexsen on

In 2015, the United States Environmental Protection Agency (EPA) took the policy position that state implementation plans, or SIPs, cannot provide for relaxed air emission standards during Startup, Shutdown, and Malfunction...more

(ACOEL) | American College of Environmental...

Texas’ Affirmative Defense SIP Provisions: National Policy or Regional Action

Why is the legal challenge of EPA’s approval of the affirmative defense provisions in Texas’ state implementation plan (SIP) the subject of a venue battle? Why did the Sierra Club and eight other environmental groups...more

McAfee & Taft

EPA nixes state exemptions on excess CAA emissions

McAfee & Taft on

Affirmative defenses commonly relied upon by facility operators to avoid civil and administrative penalties for violations of air emissions limitations during periods of facility startup, shutdown or malfunction (“SSM”) may...more

Williams Mullen

EPA Issues SIP Call to Eliminate SSM Defense

Williams Mullen on

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...more

Blank Rome LLP

Nothing but Nonsense in New EPA Rule on Emissions

Blank Rome LLP on

In response to a petition for final rule-making filed by the Sierra Club, the U.S. Environmental Protection Agency issued on May 22, 2015, its final action requiring 36 states to revise their state implementation plans...more

Foley Hoag LLP - Environmental Law

Startup, Shutdown, and Malfunction — No Longer Any Automatic Exemptions or Affirmative Defenses

Last week, EPA finally responded to the Sierra Club’s petition requesting that it eliminate exemptions and defenses for excess emissions resulting from startup, shutdown, or malfunction events. EPA concluded that it needed to...more

Blank Rome LLP

EPA Requires States to Revise and Tighten Startup, Shutdown, and Malfunction Regulations

Blank Rome LLP on

Action Item: In response to pressure from environmental groups, EPA has removed Clean Air Act affirmative defenses previously available to the regulated community for startups, shutdowns, or malfunctions (SSM Rule). The...more

Latham & Watkins LLP

EPA Reverses Course on Malfunctions

Latham & Watkins LLP on

EPA proposes eliminating all startup, shutdown and malfunction affirmative defense provisions from SIPS. On September 17, 2014, the United States Environmental Protection Agency (EPA) issued a supplemental notice of...more

McDermott Will & Emery

EPA Proposes to Eliminate Affirmative Defenses for Many Clean Air Act Violations

McDermott Will & Emery on

The U.S. Environmental Protection Agency (EPA) issued a proposed rule on September 5, 2014 that would prevent states from including affirmative defenses in their Clean Air Act state implementation plans (SIPs) for emissions...more

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