EPA Proposes to Toss Liability Shields for Accidental Emissions

The Environmental Protection Agency is proposing to remove additional legal shields for facilities that emit pollution beyond their permit limits during sudden events and malfunctions.

A proposed rule published Monday in the Federal Register would cut affirmative defense provisions from certain air toxics rules, which provide legal defense when operations start up or shut down suddenly and cause excess emission events.

The proposal removes these shields from Clean Air Act rules, including those that govern boilers, pulp mills, and chemical manufacturing operations.

“These provisions are being proposed for removal because the EPA finds that they are inconsistent with a D.C. ...