In a final rule issued on May 22, the EPA has given 36 states until November 22, 2016 to revise their state implementation plans (“SIPs”) to remove provisions allowing a defense to enforcement actions under the Clean Air Act for violations that occur during start up, shut down and other emergency situations. The rule, which amends 40 CFR part 52, requires the 36 affected states to do away with affirmative defenses for excess air admissions during equipment malfunctions, and during the start up and shut down operations when air emissions tend to be higher than during normal operations. In the… Read more
Tag: SIPs
States Claim EPA Proposed “Start-Up Rule” Oversteps Authority Under Clean Air Act
Several states have said in public comments to a U.S. EPA proposed rule that the EPA has exceeded its authority under the Clean Air Act. Under the proposed rule, 36 states would be required to modify their state implementation plans (“SIPs”) to require them to impose restrictions on facilities to control emissions from sources during times of start-up, shutdown, and equipment malfunction. The states argue that, while the EPA has the authority to set national ambient air quality standards, it left to the discretion of the states how to meet the standards. Under the Clean Air Act, the EPA may… Read more