New Source Review (NSR) Permitting

Excess Emissions During Startup, Shutdown, and Malfunction

Date	Title	EPA Office	Author	Issues Addressed
5/21/2008	Region 6 Letter to Texas Commission of Environmental Quality (TCEQ) Regarding Allowable Maintenance, Start-Up, Shutdown Activities in TCEQ's Model Permit	Region 6	Robinson, Jeff	Concerns approval of TCEQ's initiative to address malfunction, startup, and shutdown (MSS) emissions through permits at major stationary sources is related to changes in the state's Chapter 101 Excess Emissions rule, which establishes an affirmative defense for excess emissions during MSS, but then provides a schedule for phasing out the use of the affirmative defense for excess emissions from planned MSS activities.
11/09/1977	Contingency Plan for FGD Systems During Downtime as a Function of PSD	SSCD	Reich, Edward	Whether PSD approvals for new sources using FGD systems can be conditioned to require a contingency plan for periods when the FGD system is not functioning.
05/21/2008	Review of Maintenance, Start-Up, Shutdown Activities by Region 6 of the Texas Commission on Environmental Quality Draft Model Permit	Region 6	Robinson, Jeff	Expresses EPA views on a draft model permit for emissions from maintenance, start-up, and shutdown (MSS) activities in new source permits for major sources. Addresses the need to minimize excess emissions during MSS, and to incorporate MSS emissions in PTE calculations, public participation and BACT analyses, and the enforceability of MSS emission limits.
02/15/1983	1983 Policy on Excess Emissions During Startup, Shutdown, Maintenance, and Malfunctions	OAR	Bennett, Kathleen	Clarifies September 28, 1982 memorandum concerning policy on excess emissions during startup and shutdown.
09/28/1982	Policy on Excess Emissions During Startup, Shutdown, Maintenance, and Malfunctions	OAR	Bennett, Kathleen	Clarifies EPA policy relating to excess emissions during startup, shutdown, maintenance, and malfunctions.
01/28/1993	Automatic or Blanket Exemptions for Excess Emissions During Startup, and Shutdowns Under PSD	SSCD	Rasnic, John	Addresses EPA policy on excess emissions during startup and shutdown and on automatic exemptions that are granted in PSD permits.
11/08/2001	Clarification - State Implementation Plans (SIPs): Policy Regarding Excess Emissions During Malfunctions, Startup, and Shutdown	OECA, OAQPS	Schaeffer, Eric and Seitz, John	EPA policy directive regarding excess emissions during malfunctions, startup, and shutdown that may be appropriately approved in a SIP.
12/05/2001	Re-Issuance of Clarification - State Implementation Plans (SIPs): Policy Regarding Excess Emissions During Malfunctions, Startup, and Shutdown	OECA, OAQPS	Schaeffer, Eric and Seitz, John	Re-issuance of an EPA policy directive regarding excess emissions during malfunctions, startup, and shutdown that may be appropriately approved in a State Implementation Plan (SIP). This excludes a paragraph that was erroneously included in the 11/08/2001 guidance.
06/28/1985	Seasonal Afterburner Policy, Applicability of Part D NSR Requirements	OAQPS	Bauman, Robert	Whether emissions increases associated with the winter shutdown of volatile organic compounds (VOC) control equipment must be reviewed for applicability for New Source Review.
12/01/1980	Revised Seasonal Afterburner Policy	OAQPS	Barber, Walter	Revised policy on seasonal operation of natural gas-fired afterburners related to the approval of SIP revisions and the requirement to assess air quality impact.
11/16/2007	Comments on Proposed Amendments to Chapter 106, 116 for Maintenance, Startup and Shutdown (MSS) Chapter 106, Subchapter K	Region 6	Robinson, Jeff	EPA Region 6 comments on a state’s proposed rule to accommodate a Permit by Rule and Standard Permit for maintenance, startup and shutdown (MSS) emissions.
09/20/1999	State Implementation Plans: Policy Regarding Excess Emissions During Malfunctions, Startup, and Shutdown	OECA, OAR	Herman, Steven and Perciasepe, Robert	Expresses EPA policy regarding excess emissions during malfunctions, startup, shutdown, and maintenance, and clarifies the types of excess emissions provisions states may incorporate into SIPs.

Return to Policy & Guidance Document Index

The “Relevant Guidance” index includes a collection of documents issued by EPA organized by topic area. These documents include memoranda, letters, orders, and other types of EPA actions that may provide guidance in one or more forms, such as an adjudication, statement of policy, interpretation of statutes or regulations, or technical information. Each collection is intended to be representative of EPA statements on the topic, but it may not be a complete listing of such statements. The collection does not reflect topic-specific statements that have been expressed by EPA though published rule preambles and Title V petition orders, nor does it include EAB decisions. Each document in the collection speaks for itself, and the inclusion or exclusion of a document in the collection is not intended by EPA to communicate anything more than what is expressed within each document. EPA makes no independent representations on this website as to the extent to which any document in the collection reflects EPA’s current views on the topic, is a final action by EPA, or has any legal effect or precedential weight. Readers are advised to review the documents in the collection and conduct their own assessment of such considerations based on the content of each document and other documents in the collection. Some of the information or views included in the documents may be affected by subsequent changes to the referenced statutory or regulatory language or by court decisions. In addition, many of the statements in these documents are based upon the federal regulations which may differ from rules that govern federally-approved programs. Permitting authorities are advised to consult with their EPA Regional Offices if there is a question as to the relevance of a particular statement to their NSR program.