The Sierra Club filed a petition with the EPA administrator on June 30, 2011, concerning emissions during periods of startup, shutdown or malfunction. As a result of the petition, EPA finalized rulemaking in 2015 to require that 36 states amend State Implementation Plan (SIP) rules that provide some level of defense for instances where emissions exceed state air regulations or air permits during periods of SSM. The revised SIPs would not include any affirmative defenses to SSM exceedances.
- Bennett, K., Policy on Excess Emissions during Startup, Shutdown, Maintenance, and Malfunctions, September 28, 1982
- Herman, S., State Implementation Plans (SIPs): Policy Regarding Excess Emissions During Malfunctions, Startup, and Shutdown, August, 11, 1999
- State Implementation Plans: Response to Petition for Rulemaking; Restatement and Update of EPA’s SSM Policy Applicable to SIPs; Findings of Substantial Inadequacy; and SIP Calls To Amend Provisions Applying to Excess Emissions During Periods of Startup, Shutdown and Malfunction, 80 FR 113 (June 12, 2015), pp. 33840 – 33985
- State Implementation Plans: Response to Petition for Rulemaking; Findings of Substantial Inadequacy; and SIP Calls To Amend Provisions Applying to Excess Emissions During Periods of Startup, Shutdown, and Malfunction, 78 FR 36 (February 22, 2013), pp. 12460 – 12540