Inside EPA's Plan For Startups, Shutdowns And Malfunctions

Law360, New York (April 2, 2013, 12:35 PM EDT) -- On Feb. 22, 2013, the U.S. Environmental Protection Agency proposed a state implementation plan call requiring 36 states to revise state law provisions governing excess emissions associated with emission unit or control device startups, shutdowns and malfunction events (SSM events).[1]

In petitioning for this SIP Call, Sierra Club argued that state law exemptions and affirmative defenses for SSM events in effect allow sources to operate during startups, shutdowns and upsets with little or no pollution controls, thereby threatening the state’s ability to obtain or maintain compliance...
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