EPA Extends Deadline for Final Action on States’ Excess Emissions Provisions for Startup, Shutdown, and Malfunction

Posted Monday, September 30th, 2013

As previously reported by HGS, in February 2013 the U.S. Environmental Protection Agency (EPA) proposed finding that 36 State Implementation Plans (SIPs), including Florida’s, are “substantially inadequate” with respect to their treatment of excess emissions during startup, shutdown, and malfunction (SSM).  EPA’s proposal argued that these provisions violate the Clean Air Act by allowing emissions that could cause or contribute to violations of ambient air quality standards and/or by precluding enforcement of applicable standards by EPA or citizens.  Numerous comments were submitted strongly opposing EPA’s proposal, including from FDEP and various Florida entities.

EPA’s proposal was prompted by a Sierra Club petition and Settlement Agreement, which initially required EPA final action by August 27, 2013.  EPA and Sierra Club previously agreed  to extend the deadline to September 26, 2013, and now have agreed to another extension until May 15, 2014.  If finalized as proposed, the 36 affected states will have 18 months to submit SIP revisions correcting the identified deficiencies.

For additional information, contact Andrew Holway.

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