ENV-13-18 MSS Permitting: Coming to a State Near You?

Description:

In the 78 Fed. Reg. 12459, released on February 22, 2013, the US EPA (EPA) proposed a rule that will require 36 states to eliminate exemptions to Clean Air Act (CAA) emission requirements for unauthorized emissions that occur during periods of startup, shutdown or malfunction (SSM). Affirmative defense may remain in place for unplanned malfunctions; however, it will no longer be allowed for planned activities such as maintenance, startup and shutdown (MSS) events, which the EPA considers to be within the control of the facility. If the rule is finalized as proposed, the EPA will issue a “SIP call,” which will require 36 states to revise their “substantially inadequate” State Implementation Plans (SIPs) to remove exemptions to otherwise applicable emission limitations to meet the requirements of the CAA. The following 36 states subject to the SIP call will have 18 months from promulgation of the final rule to remove exemptions for SSM events, remove affirmative defenses for startup and shutdown events, and modify malfunction affirmative defenses so that they are consistent with EPA guidance on malfunctions.