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ARTICLE · 17 JUNE 2015

Going, Going… EPA Eliminates Another Source Of Startup, Shutdown And Malfunction Exemptions From Clean Air Act

Barnes & Thornburg LLP
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As required by CAA Section 110, the final SIP Call specifies the sections of each state plan that EPA found deficient.

United StatesEnvironment
Anthony Sullivan
Anthony Sullivan
Charles Denton
Charles Denton
Joel Bowers
Joel Bowers
Michael Elam
Michael Elam
Timothy Haley
Timothy Haley
R. William Gardner
R. William Gardner
Cheryl A. Gonzalez
Cheryl A. Gonzalez
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On June 12, EPA published its final regulatory action under the Clean Air Act (CAA) requiring 36 states to remove provisions from their State Implementation Plans (SIPs) allowing exemptions from emission limitations during startup, shutdown and malfunction (SSM) events. This action also requires 17 states to remove affirmative defenses from the SSM provisions of their SIPs. Affected states must submit their SIP revisions to EPA for approval by Nov. 22, 2016. By removing the long-standing SSM provisions, the revised state provisions may impact the operating burdens of many facilities that have SSM exemptions in their CAA operating permits and may also increase their liability exposure to government and citizen enforcement actions.

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