On Wednesday, EPA published certain amendments to the Mercury and Air Toxics Standards in the Federal Register. EPA describes most of the changes as “technical corrections,” but there is one important substantive change. EPA has deleted the affirmative defense for violations caused by equipment malfunctions.
The change follows EPA’s 2015 SIP call requiring states to delete affirmative defenses for violations related to startup, shutdown, or malfunction events. As we noted then, the culprit is the decision in NRDC… More