EPA orders states to fix startup, shutdown plans

OREANDA-NEWS. May 27, 2015. The US Environmental Protection Agency (EPA) has told 36 states to revise their Clean Air Act compliance plans to curb excess emissions from power plants, refineries and other industrial sources during startups, shutdowns and malfunctions.

The agency on 22 May said the states must correct their state implementation plans (SIPs) by 22 November 2016 to remove provisions that exempt sources from facing violations for emissions during startup, shutdown and malfunction periods.

The EPA's action, first proposed in September 2014, serves as the agency's response to a 2011 petition from the Sierra Club and follows a court decision last year that said EPA could not prohibit civil penalties against Portland cement plants for hazardous air pollution violations that occur during "unavoidable" malfunctions. The EPA order applied the court's findings toward other industrial sources and excess emissions of conventional pollutants during startups, shutdowns and malfunctions.

The Sierra Club petition argued that affirmative defense provisions within state plans exempting the emissions were "loopholes" that undermined the ability of the EPA and state agencies to enforce air pollution standards. during those periods of operation. Affirmative defense provisions "limit or eliminate the jurisdiction of courts to determine liability," EPA said in its order, echoing last year's court decision.

The Sierra Club identified 39 state plans containing affirmative defense provisions. EPA's order covers 36 state plans that the agency said are wholly or partially inadequate for compliance the Clean Air Act.