Partial Withdrawals of Findings of Failure To Submit State Implementation Plan (SIP) Revisions To Amend Provisions Applying to Excess Emissions During Periods of Startup, Shutdown, and Malfunction
Key claim: The EPA is partially withdrawing its findings that 13 states failed to submit SIP revisions addressing excess emissions during startup, shutdown, and malfunction periods, consistent with a D.C. Circuit court decision partially vacating the underlying SIP call.
Abstract
(Rule · Environmental Protection Agency) The U.S. Environmental Protection Agency (EPA) is partially withdrawing two final actions finding that 13 States and/or local air pollution control agencies failed to submit State Implementation Plan (SIP) revisions to address the Agency’s 2015 findings of substantial inadequacy and “SIP call” for provisions applying to excess emissions during periods of startup, shutdown, and malfunction (SSM). The partial withdrawal affects six air pollution control agencies. Withdrawing relevant parts of the findings for failure to submit is consistent with the decision from the U.S. Court of Appeals for the District of Columbia Circuit Court (D.C. Circuit) partially vacating the findings of substantial inadequacy and SIP call. This final action renders no longer applicable certain CAA deadlines for the EPA to impose sanctions if a State does not submit a complete SIP revision addressing the outstanding requirements, and to promulgate a Federal Implementation Plan (FIP).
Why this matters
The SSM SIP call has been a long-running dispute over whether states may exempt facilities from emissions limits during startup, shutdown, and malfunction events, with implications for enforceability of Clean Air Act standards and downwind air quality. This partial withdrawal reduces the federal pressure on affected states to revise their plans, though the substantive question of how excess emissions are treated remains contested in litigation and future rulemakings.