EPA Removes Exemptions for Emissions During Startup, Shutdown and Malfunctions
On May 22, 2015, USEPA issued a final rule that clarifies their position on exemptions and affirmative defenses to emissions during startup, shutdown and malfunction events. (“SSM”). This rule is a response to a petition filed by Sierra Club to require EPA to invalidate certain provisions of state implementation plans (“SIPs”), including Ohio’s, following the D.C. Circuit’s recent decision that Clean Air Act (“CAA”) emissions limits must apply “continuously.”[1] In this rule,
