OMA Files Comments with U.S. EPA to Preserve Title V Affirmative Defense

This week the OMA and business allies filed comments and recommendations with the U.S. EPA in response to the agency’s proposed removal of the emergency affirmative defense provision in the Title V permit program rules.

In some cases properly designed and maintained equipment fails due to reasons beyond the control of a manufacturer.  Previously U.S. EPA allowed for emergency malfunctions to fall in the affirmative defense category.  U.S. EPA is now proposing to remove the affirmative defense for emergencies from the Title V operating program rules.