State Implementation Plans to Address Emissions During Startup, Shutdown and Malfunction
EPA and litigants have renegotiated the deadline for this final action from June 12, 2014 until May 22, 2015.
The modified schedule also establishes a deadline for signature of a supplemental notice of proposed rulemaking (SNPR) on September 5, 2014. The SNPR is in response to a recent D.C. Circuit court decision (Cement NESHAP case), and it would be specific to "affirmative defense" provisions in SIPs.
February 12, 2013 - EPA is proposing a rule that would ensure states have plans in place that require industrial facilities across the country to follow air pollution rules during times when the facility is starting up or shutting down, or when a malfunction occurs.
- Proposed Rule (PDF) (82pp, 675k) - Federal Register - February 22, 2013
- April 2, 2013 – EPA is extending by 30-days, the public comment period for this proposed rule (PDF) (8pp, 31k)
- Fact Sheet (4pp, 32k)
- Legal Background Memorandum (24pp, 199k)
- Sierra Club's Petition (80pp, 451k)
- September 26, 2013 - EPA and the Sierra Club have agreed to extend the deadline for completing this rule to May 15, 2014. (3pp, 219k)
- December 4, 2013 - EPA and the Sierra club have agreed to further extend the deadline for completing this rule to June 12, 2014. (3pp, 220k)
- June 16, 2014 - EPA and the Sierra Club have agreed to a modified schedule that includes a further extension of the deadline for completing the final rule to May 22, 2015, after a supplemental proposal to be issued in September 2014. (4pp, 284k)