In a final rule issued on May 22, the EPA has given 36 states until November 22, 2016 to revise their state implementation plans (“SIPs”) to remove provisions allowing a defense to enforcement actions under the Clean Air Act for violations that occur during start up, shut down and other emergency situations. The rule, which amends 40 CFR part 52, requires the 36 affected states to do away with affirmative defenses for excess air admissions during equipment malfunctions, and during the start up and shut down operations when air emissions tend to be higher than during normal operations. In the… Read more