The EPA has proposed to remove the affirmative defense provisions for emergencies in the state and federal operating permit programs. 81 Fed. Reg. 38645 (June 14, 2016). Specifically, EPA proposes to simply delete 40 CFR §70.6(g) and §71.6(g). As noted in more detail below, this proposed action is part of an ongoing effort to strip reasonable and long-standing defenses from the regulated community. Continue reading “EPA Proposes To Strip Affirmative Defenses For Emergencies” →