On May 22, 2015, the U.S. Environmental Protection Agency (EPA) issued a final action to ensure states have plans in place that are fully consistent with the Clean Air Act and recent court decisions concerning startup, shutdown and malfunction (SSM) operations. Air pollution emitted during these periods may adversely affect the health of people in neighboring and downwind communities.

This final action specifically:

1. responds to the Sierra Club Petition
2. clarifies the EPA’s SSM Policy to assure consistency with the Clean Air Act and recent court decisions; and
3. finalizes the Administrator’s findings that the SSM provisions in the SIPs of 36 states (applicable in 45 statewide and local jurisdictions and no tribal areas) do not meet the requirements of the Clean Air Act (CAA) and accordingly issues a “SIP call” for each of those states. 

• Fact Sheet: State Plans to Address Emissions During Startup, Shutdown and Malfunction: Final Action on Response to Petition for Rulemaking, Restatement of Policy, Findings of Inadequacy and Call for Revisions (PDF)(5 pp, 63 K)