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EPA/OAR | RIN: 2060-AV97 | Publication ID: Spring 2023 |
Title: ●Oil and Gas NESHAP; Part 63 Subparts HH and HHH; Removal of Affirmative Defense | |
Abstract:
On Thursday, August 16, 2012, the EPA promulgated affirmative defense provisions as part of the Risk and Technology Review of subparts HH and HHH of part 63 Standards for Hazardous Air Pollutants at 77 FR 49490. The D.C. Circuit Court issued an opinion vacating the portion of EPA’s Portland Cement Manufacturing Industry NESHAP that established an affirmative defense for emissions violations caused by “unavoidable” malfunctions (NRDC v. EPA, 749 F.3d 1055 (D.C. Cir. 2014). The purpose of this proposal is to address the affirmative defense provision in subpart HH/HHH in light of the NRDC decision. |
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Agency: Environmental Protection Agency(EPA) | Priority: Substantive, Nonsignificant |
RIN Status: First time published in the Unified Agenda | Agenda Stage of Rulemaking: Long-Term Actions |
Major: No | Unfunded Mandates: No |
CFR Citation: 40 CFR 63 | |
Legal Authority: Clean Air Act sec. 112 |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: Federal, Local, State, Tribal |
Federalism: No | |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Matthew Witosky Environmental Protection Agency Office of Air and Radiation 109 T.W. Alexander Drive, Mail Code E143-05, Research Triangle Park, NC 27711 Phone:919 541-2865 Email: witosky.matthew@epa.gov |