What if a producer decides not to participate?
Participation in the study and agreement is voluntary. Those producers with emissions above the final regulatory threshold who do not gain the protections of the consent agreement will be vulnerable to citizen, state and federal lawsuits for past and current emissions. Once the study is completed and the regulations for emissions are updated, all producers regardless of participation may be subject to regulation under the air laws depending on whether the operation meets the thresholds on the yet-to-be-determined look up charts.
