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EPA returns to its 2015 policy explaining that current State Implementation Plan (SIP) provisions are not consistent with the Clean Air Act

Posted by [email protected] on Oct. 8, 2021     

In a memorandum signed by the Assistant Administrator on September 30, 2021, EPA announced the return to its 2015 policy explaining that State Implementation Plan (SIP) provisions that provide exemptions from air emissions limits during periods of startup, shutdown and malfunction (SSM) or that provide affirmative defense provisions are not consistent with the Clean Air Act and would not generally be approvable.  This policy had been superseded by a 2020 memorandum that EPA is withdrawing. The reinstated 2015 Policy will ensure that all modes of source operation, including periods of SSM, have emissions limitations in place that can be appropriately enforced in all communities and populations across the affected states. 

The new policy:  https://www.epa.gov/air-quality-implementation-plans/emissions-during-periods-startup-shutdown-malfunction-ssm

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