ssm sip call resources

(updated 12/14/2016)


Roster of AAPCA SSM SIP Call Contacts (updated 8-2016)

AAPCA Timeline: State Clean Air Act Deliverables, 2016 - 2021 (updated 11-2016)


Recent state activity:
Ohio EPA recently announced an extension of the comment period for its Startup, Shutdown or Malfunction and Scheduled Maintenance Rules.
On November 17, 2016, the Energy and Environmental Cabinet (Cabinet) submitted the revision to Kentucky's State Implementation Plan (SIP) in accordance with 40 CFR 51.102(d)(3), requesting to revise its SIP by removing 401 KAR 50:055, Sections 1(1) and (4) and retaining the remaining regulatory provisions as approved on May 4, 1989 (54 FR 19169). The Cabinet provided public notice and the opportunity to submit written comments, as well as the opportunity to request a public hearing. A copy of the proposed revision was made available for public comment from August 15, 2016 until September 14, 2016. A copy of all comments received during the public comment period and the Cabinet's response is included with the submittal.
The Ohio EPA’s Division of Air Pollution Control is accepting public comments on its draft rule and draft business impact analysis in response to the SSM SIP Call through November 28, 2016.
On November 2, the Texas Commission on Environmental Quality adopted changes to its state implementation plan in response to U.S. EPA's SSM SIP Call. Minor modifications from the proposed version were made to clarify that the rule changes do not apply until there is a final and non-appealable court decision that upholds U.S. EPA's SSM SIP Call.


The Arizona Department of Environmental Quality is taking comments on the proposed Arizona State Implementation Plan (SIP) Revision — Removal of R18-2-310 Affirmative Defenses for Excess Emissions Due to Startup, Shutdown and Malfunction (SSM). The comment period is from September 20 through October 21, 2016.
On September 21, the Oklahoma DEQ posted its proposed response to the SSM SIP Call. See more here, or see the linked public notice, draft withdrawal letter language, and support document.
The Mississippi Commission on Environmental Quality will hold a public hearing to consider adoption of amendments to state air pollution control regulations and a Revision to the State Implementation Plan for the Control of Air Pollution (SIP Revision). The state regulations affected by the proposed amendments are Mississippi Administrative Code, Title 11, Part 2, Chapter 1, "Air Emission Regulations for the Prevention, Abatement, and Control of Air Pollution." Additional information can be found here.
The Kentucky Energy and Environment Cabinet will conduct a public hearing on September 14, 2016 to recieve comments on a proposed revision to Kentucky's State Implementation Plan (SIP) pertaining to the removal of provisions in 401 KAR 50:055, General requirements, relating to excess emissions during periods of startup, shutdown, and malfunction, from the Kentucky SIP.


West Virginia Division of Air Quality will be holding a public hearing to include proposed rule, 45CSR1 -- Alternative Emission Limitations During Startup, Shutdown, and Maintenance Operations.


Louisiana DEQ, Notice of Intent: Proposed Work Practice Standards During Start-up and Shutdown (LAC 33:III.2201.C and K) (AQ364), June 20, 2016


Ohio Division of Air Pollution Control, “Early Stakeholder Outreach -- Startup, Shutdown or Malfunction and Scheduled Maintenance Rules,” June 22, 2016
South Carolina DHEC, “DHEC Regulation Development Update,” June 24, 2016
The Arkansas Pollution Control and Ecology Commission proposed changes to Regulation No. 19 to comply with the SSM SIP Call. Additional documentation and written comments on the proposed regulation change can be found here.
Texas Commission on Environmental Quality will be considering a Rule Proposal regarding the SSM SIP Call on July 6, 2016. An executive summary can be found here. TCEQ staff plans to submit this to EPA as a SIP revision.
The Florida Department of Environmental Protection published a Notice of Rule Development in the Florida Administrative Code (F.A.C.) to address EPA’s SSM SIP Call. The F.A.C. Notice can be found here.


Tennessee Air Pollution Control Board's May 2016 meeting, including presentation "Update on TDEC Plans to Address Start-up, Shutdown & Malfunction State Implementation Plan Finding of Inadequacy and Call for Revisions (SIP Call)"


South Carolina DHEC Regulation Development Update (May 27, 2016)


Arkansas Pollution Control and Ecology Commission - Regular Commission Meeting (May 26, 2016)


At the March 2016 meeting of the North Carolina Air Quality Committee, NC DAQ provided proposed SSM SIP Call Rule Revisions and a related presentation.
North Carolina DEQ public hearing notice
Association of Air Pollution Control Agencies (AAPCA) SSM SIP Call Discussion with Arkansas, North Carolina, North Dakota, and Texas (January 2016)


Washington Department of Ecology Chapter 173-400 WAC General Regulations for Air Pollution Sources (startup/shutdown/malfunction), including timeline and documents
Wisconsin DNR's Air Management Study Group has an SSM Subgroup (March 2016 minutes and May 2016 agenda)


Wisconsin DNR SSM SIP Call Briefing (December 2015)


Colorado Common Provisions Regulation Presentation (November 2015)


EPA Region 8 Comments on Colorado's draft revisions to affirmative defense provisions (November 2015)


New Mexico public involvement meeting announcement


Colorado notice of rulemaking hearing (August 2015)




South Carolina DHEC, “DHEC Regulation Development Update,” November 25, 2016
Bloomberg BNA, “States Take Varied Approaches to Malfunction Emissions Rule,” November 22, 2016
Bracewell LLP, “TCEQ Adopts Changes to Affirmative Defense Rule in Response to EPA SIP Call,” November 3, 2016
Corporate Compliance Insights, “Court Overrules States’ Exceptions to Clean Air Act: Deadline to Revise State-Specific Rules Looms,” October 21, 2016
Dinmore & Shohl LLP, “Ohio Begins Startup, Shutdown or Malfunction Rulemaking,” October 24, 2016
Trinity Consultants, “Changes Proposed for the Indiana SIP Regarding Startup, Shutdown and Malfunction Emissions,” September 26, 2016, “Georgia taking action on SSM,” October 6, 2016


Arnold & Porter LLP, “How States Are Reacting To EPA's CAA Mandate,” July 19, 2016 (includes SSM SIP Call actions in Florida, Michigan, Indiana, Louisiana, and Colorado)
Environmental Integrity Project, “Groups Notify EPA of Their Intent to Sue Over Texas Coal-Fired Power Plants Exempt from Federal Air Pollution Limits: Texas Organizations Challenge State Decision to Permit Up to 30 X More Soot than Allowed by Feds During Startup, Shutdown and Maintenance,” July 1, 2016
Enviro.BLR.Com, “North Carolina hedging bets on SSM,” June 30, 2016
Hopping Greens and Sams, “EPA Proposes to Eliminate Affirmative Defense for Exceedances of Emission Limits During Emergencies,” June 22, 2016, “Removing affirmative defense from Title V programs,” June 15, 2016
Trinity Consultants, “Proposed Rule to Remove Affirmative Defense Provisions from Title V Operating Permit Program,” June 29, 2016
Beveridge & Diamond, PC, “Comments Due August 15 on EPA Proposal to Remove Emergency Defense from Title V Operating Permit Regulations,” June 24, 2016
Walter Wright, Mitchell Williams, "Startup, Shutdown and Malfunction/EPA SIP Call: William K. Montgomery (Arkansas Department of Environmental Quality) Association of Air Pollution Control Agencies Spring Presentation,"June 2, 2016, Environmental, Energy, and Water Law Blog, original presentation can be found here.
Trinity Consultants, "Latest on Florida's SSM SIP Call," May 23, 2016
Williams Mullen, "Air Program Malfunction Exemption Nixed, But Not Agency Discretion," May 20, 2016
Dinsmore & Shohl, LLP, "Startup Shutdown Malfunction Update," May 2, 2016
ALL 4 Inc., "The Forecast Calls for a Mixed Bag of Options for the SSM SIP Call," May 2016 (article includes roundup of SSM SIP Call activity in Georgia, Tennessee, South Carolina, North Dakota, Louisiana, North Carolina, Alabama, Arkansas, Oklahoma, New Mexico, and Texas)
Gunster, "New air regulations ahead for Florida businesses," April 20, 2016
Farmington Daily Times, "Air Quality Bureau holds hearing over plants," April 19, 2016
Foley Hoag, LLP, "EPA Continues to Dismantle Clean Air Act Affirmative Defenses - Blame It On the Judge(s)," April 8, 2016
Law360, "DC Circ. Asked To Nix EPA's Startup, Shutdown Revisions," March 17, 2016
Trinity Consultants, "Changes to MCAQD Startup, Shutdown, and Malfunction Rule," February 2016
Mack McGuffey, Troutman Sanders LLP, “2016 to Be Litigation-Heavy, as the Obama EPA Wraps Up Its Air Agenda,” February 2016
Mack McGuffey, Troutman Sanders LLP, "Startup Shutdown & Malfunction: EPA's 'SSM SIP CALL'," (presentation to AAPCA), August 2015
Russell S. Frye, "Responding to SSM SIP Call Rule: Some Initial Thoughts," (presentation to AAPCA on behalf of AF&PA/AWC), August 13, 2015
Daniel Hido, Jones Day, "D.C. Circuit To Hear Consolidated Challenges To EPA's New Startup-Shutdown-Malfunction Rule," November 11, 2015
Blank Rome LLP, "Nothing but Nonsense in New EPA Rule on Emissions," June 4, 2015
Mike Krancer, Blank Rome, "EPAs Final Startup, Shutdown, and Malfunction (SSM) Rule: The Emperors New Clothes, Part II," May 26, 2015
Seth Jaffe, Foley Hoag, "Startup, Shutdown, and Malfunction: No Longer Any Automatic Exemptions or Affirmative Defenses," May 29, 2015
R. William Gardner, Taft Stettinius & Hollister LLP, "Startup, Shutdown, and Malfunctions Under the Clean Air Act: Without the Affirmative Defense, What's Next?" October 20, 2015
Paul Collins, Miller Canfield, "An Update on Startup, Shutdown, Malfunction Developments: Muddying the Waters?" April 21, 2015
Greenwire, "AIR POLLUTION: 17 states launch legal assault against startup-shutdown rule," August 12, 2015
ABA Section of Environment, Energy, and Resources, "The receding role of affirmative defense provisions in Clean Air Act regulations," January/February 2015
Trinity Consultants, "EPA's Evolving SSM Policy - The Future of SSM and Affirmative Defense," November 25, 2014
U.S. Senate Environment and Public Works Committee, "Proposed Startup, Shutdown, and Malfunction rule circumvented transparency and input from affected states, citizens," April 2, 2013



Resources from U.S. EPA:

SSM SIP Call Final Action (May 22, 2015)
Proposed Removal of Title V Emergency Affirmative Defense Provisions (June 3, 2016)
Background Information:


Litigation links:


State comments on September 2014 NPRM (full docket):