Tag: SSM

Petition to Eliminate SSM ‘Loopholes’

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 […]

SSM Exemptions Are Not Consistent With CAA

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) […]

Air pollution, pollutants, smokestacks

EPA Rolls Back Startup and Shutdown Excess Emissions Prohibition

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 […]

Air pollution

EPA’s NESHAP Proposal Includes No Emission Changes for HCl

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 […]

Shutdown of the SSM exemption

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 […]