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ENV-16-66 Double Trouble: An Update on General Duty Obligations

Paul Seals and Jean Flores, Guida, Slavich & Flores, P.C.

Format:
Electronic (digital download/no shipping)

Associate Member, International Member, Petrochemical Member, Refining Member - $0.00
Government, NonMember - $35.00

Description:

General Duty. We hear the term often in the environmental legal arena - particularly in enforcement actions. Last year we talked a great deal about the U.S. Environmental Protection Agency’s (“EPA”) use of a General Duty recognized under Section 112(r)(1) of the Clean Air Act (“CAA”), and we will continue to talk about that authority in this paper, and for years to come. Yet, as Yoda once said to Obi-Wan: “There is another.” Relevant New Source Performance Standards (“NSPS”) and Maximum Achievable Control Technologies (“MACT”) standards identify an independent General Duty during periods of startup, shutdown, and malfunction (“SSM”). This update on the General Duty obligations under the CAA applicable to petroleum refineries will address recent developments regarding the Accidental Release Preventions rules at 40 C.F.R. Part 68, which implement CAA Section 112(r), as well as obligations under NSPS at 40 C.F.R. Part 60 and MACT under national emission standards for hazardous air pollutants (“NESHAP”) at 40 C.F.R Part 63. These General Duty obligations are aimed at hazardous substance accident prevention through the development of a risk management program (“RMP”) and the observance of “good air pollution control practices” during periods of SSM.

Product Details:

Product ID: ENV-16-66
Publication Year: 2016