SSM Periods

News & Analysis as of

Court to Consider EPA Rule Eliminating Exemption for Excess Emissions During SSM

A 2015 EPA rulemaking required 36 states to revise their State Implementation Plans (“SIPs”) to eliminate provisions exempting air emission exceedances during periods of startup, shutdown, or malfunction (the “SSM SIP Call...more

Environmental Notes - August 2016

Time to Pay More: EPA Increases Maximum Civil Penalties - Remember the days when the maximum civil penalty EPA could assess for a violation of environmental law was $25,000 per day? Those days disappeared 26 years ago...more

Air Program Malfunction Exemption Nixed, But Not Agency Discretion

Virginia’s State Air Pollution Control Board (“Board”) recently amended its regulations to remove the long-standing malfunction exemption available to regulated sources of air pollution for violations of emission limits and...more

Environmental Notes - May 2016

The news has been full of stories and articles concerning Coal Combustion Residuals (CCR), also referred to as coal ash. CCR became a hot topic in 2008 when a coal ash pond at a utility plant in Tennessee spilled more than 5...more

EPA nixes state exemptions on excess CAA emissions

Affirmative defenses commonly relied upon by facility operators to avoid civil and administrative penalties for violations of air emissions limitations during periods of facility startup, shutdown or malfunction (“SSM”) may...more

EPA Issues SIP Call to Eliminate SSM Defense

EPA has issued a final rule that requires 36 states to revise their State Implementation Plans to eliminate a well-known and often-used Clean Air Act defense for excess emissions. While specific elements of the defense...more

Nothing but Nonsense in New EPA Rule on Emissions

In response to a petition for final rule-making filed by the Sierra Club, the U.S. Environmental Protection Agency issued on May 22, 2015, its final action requiring 36 states to revise their state implementation plans...more

Startup, Shutdown, and Malfunction — No Longer Any Automatic Exemptions or Affirmative Defenses

Last week, EPA finally responded to the Sierra Club’s petition requesting that it eliminate exemptions and defenses for excess emissions resulting from startup, shutdown, or malfunction events. EPA concluded that it needed to...more

EPA Requires States to Revise and Tighten Startup, Shutdown, and Malfunction Regulations

Action Item: In response to pressure from environmental groups, EPA has removed Clean Air Act affirmative defenses previously available to the regulated community for startups, shutdowns, or malfunctions (SSM Rule). The...more

EPA Reverses Course on Malfunctions

EPA proposes eliminating all startup, shutdown and malfunction affirmative defense provisions from SIPS. On September 17, 2014, the United States Environmental Protection Agency (EPA) issued a supplemental notice of...more

EPA Tightens Air Regulations for Emissions During Shutdown, Startup and Malfunction

Introduction - Of particular concern to electric utilities and other major sources operating under Title V permits, on February 12, 2013, the U.S. Environmental Protection Agency (“EPA”) initiated steps under the Clean...more

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