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Legislative Update: Congressman Pompeo introduces General Duty Clause Clarification Act

Congressman Mike Pompeo, R-Kan., has introduced H.R. 6345, the General Duty Clause Clarification Act. In recent years, the U.S. Environmental Protection Agency has increasingly used Clean Air Act Section 112(r)(1), the General Duty Clause, to cite and fine facilities for violations. Because it has no specific list of chemicals or clear regulatory requirements, the GDC gives EPA tremendous power to require facilities to change their procedures and designs while giving these sites limited recourse to question the agency's allegations. Congressman Pompeo's bill seeks to provide companies with greater certainty by requiring EPA to complete a rulemaking process before finding any facility in violation of the GDC. more

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