HB5048 Summary

• Amends the Environmental Protection Act Section 39.5 regarding the Clean Air Act Permit Program (CAAPP) by deleting the emergency-related affirmative defense provision.

• Removes language that previously allowed permitted facilities to assert an emergency defense against noncompliance with technology-based emission limitations if specified conditions were met.

• The deleted provision had required facilities to identify the cause of emergency, demonstrate proper operation, notify the Agency within 2 working days, and take reasonable steps to minimize excess emissions.

• Eliminates the definition of "emergency" that had covered sudden, unforeseeable events beyond a source's control requiring immediate corrective action.

• Remains an "Act concerning safety" but narrows regulatory protections by removing this affirmative defense mechanism from CAAPP permits.