EPA Nixes 'Oops, Machine Broke' Defense for Factory Polluters
Published Date: 9/2/2025
Rule
Summary
The EPA is changing the rules for companies that make polyether polyols, a chemical used in lots of products. They’re removing a special 'get-out-of-jail-free' card that let companies avoid penalties if equipment broke down and caused pollution. Starting now, these companies must follow air pollution limits all the time, which could mean more careful maintenance and possibly some extra costs.
Analyzed Economic Effects
1 provisions identified: 0 benefits, 1 costs, 0 mixed.
No more malfunction 'affirmative defense'
If your company makes polyether polyols, the EPA removed the special affirmative defense that could be used to avoid penalties when equipment malfunctions caused excess air emissions. Starting now, your facility must meet the NESHAP air emission limits at all times, which could raise maintenance needs, increase compliance costs, and raise the risk of enforcement or penalties.
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