Environmental Law Alert - Going, going… EPA Eliminates Another Source of Startup, Shutdown and Malfunction Exemptions from Clean Air Act
36 States Ordered to Remove SSM and Affirmative Defense
Provisions from Their Rules
Alert 6/12/2015
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. .....
As previously reported, EPA first proposed this action (SIP
Call) in 2013 as a result of the Sierra Club’s June 30, 2011, petition following
the environmental organization’s successful challenge to EPA’s General
Provisions regarding SSM exemptions for National Emission Standards for
Hazardous Air Pollutants (NESHAPs): Sierra Club v. EPA, 551 F.3d 1019
(D.C. Cir. 2008). ...
http://www.gpo.gov/fdsys/pkg/FR-2015-06-12/pdf/2015-12905.pdf
http://www.gpo.gov/fdsys/pkg/FR-2015-06-12/pdf/2015-12905.pdf
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