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The D.C. Circuit Court of Appeals recently vacated the EPA’s rule that required 32 states to revise their state implementation plans (SIP) due to exemptions that allowed for excess emissions from facilities resulting from startups, shutdowns, or malfunctions (SSM). “The agency exceeded its statutory authority in calling for a blanket removal of these ‘SSM’ exemptions […]
On September 13, 2022, a group of environmental and community advocacy organizations petitioned the EPA to close “loopholes” in the regulations implementing the Clean Air Act (CAA) that “allow facilities like oil refineries, chemical plants, and incinerators to disregard emission standards, stop reporting their pollution, and avoid fines or other consequences for excess pollution they […]
The EPA announced a new guidance memo on September 30, 2021, withdrawing the previous guidance memo issued on October 9, 2020, that carved out exemptions for excess emissions in startup, shutdown, and malfunction (SSM) events for larger emitters. Industry analysts believe this signifies difficult permitting approvals ahead, as well as new State Implementation Plan (SIP) […]
On October 9, 2020, EPA Administrator Andrew Wheeler issued a memorandum to EPA regional administrators addressing “the question of whether and when it may be permissible for a state to include certain types of provisions governing periods of startup, shutdown, and malfunction (SSM) in state implementation plans (SIPs) developed pursuant to section 110 of the […]
Based on its Clean Air Act (CAA) Section 112 Residual Risk and Technology Review (RTR), the EPA is proposing amendments to its 2003 National Emission Standards for Hazardous Air Pollutants (NESHAP) for the Municipal Solid Waste (MSW) Landfill source category.
The EPA is proposing minor amendments to its National Emission Standards for Hazardous Air Pollutants (NESHAP) for the hydrochloric acid (HCl) production source category. Required under Section 112 of the Clean Air Act, the Agency’s residual risk and technology review (RTR) would find, first, that the 2003 NESHAP for the source category is protective of […]
What is a SIP and why is it important in this case? A state implementation plan (SIP) is a plan prepared by each state detailing how the state will attain and maintain compliance with each NAAQS. SIPs contain enforceable emissions limits needed to comply with the CAA and prohibit emissions that would cause or contribute […]
