EPA FINAL RULE

Removal of Affirmative Defense Provisions From NESHAP

In case you missed it, The Environmental Protection Agency (EPA) released its final rule on October 22, 2024, which amends the National Emission Standards for Hazardous Air Pollutants (NESHAP) for the oil and gas industry issued under the Clean Air Act (CAA). Particularly, the part which granted violators an affirmative defense of civil penalties. However, in 2014 United States Court of Appeals for the District of Columbia Circuit (the D.C. Circuit Court) vacated the affirmative defense in one of the EPA’s CAA section 112 regulations, which prompted the EPA to propose, and now finalize its removal from the Oil and Gas NESHAP.

It should be noted, this final rule is also effective October 22, 2024.

Listed below are some of the industries effected by this change. However, this is not an exhaustive list, but rather a guide to likely effected entities.

1. Crude Petroleum and Natural Gas Extraction (NAICS 211111)
2. Natural Gas Liquid Extraction (NAICS 211112)
3. Natural Gas Distribution (NAICS 221210)
4. Pipeline Distribution of Crude Oil (NAICS 486110
5. Pipeline Transportation of Natural Gas (NAICS 486210)

For a look at the whole final rule in its entirety you can click HERE NOW!

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