ENV-15-57 Implications of EPA’s SSM SIP Call

Description:

This paper explores the practical implications of EPA’s SSM SIP call. First, it gives an overview of EPA’s SSM SIP call. Second, it provides the current status of pending judicial challenges to the SIP call brought by affected states and industry groups. Third, it gives an overview of the SIP call process and presents responses to an informal survey on how a number of affected states may respond. Fourth, it identifies potential alternatives to SSM-related affirmative defenses and exemptions, such as alternative emission limitations, work practice standards, and state-only provisions. Finally, it reviews two recent judicial decisions that considered the SSM affirmative defenses.