March 26, 2013

The USEPA published a proposed rule on Feb. 22, 2013 modifying policy on startup, shutdown, and malfunction (SSM), and would require 36 states to modify their SSM rules in their State Implementation Plans (SIPs) (http://www.gpo.gov/fdsys/pkg/FR-2013-02-22/pdf/2013-03734.pdf). Many states specifically allow facilities to be exempt from some Clean Air Act requirements (mainly emission limits) during SSM events, due to a lack of specific policy and rulemaking by the USEPA. Many of these exemptions have been written into rules and facilities’ Title V Operating Permits. Therefore, by requiring these 36 states to revise their SIPs to remove the SSM exemptions, the USEPA would also require them to modify the pertinent Title V Permits, a large under-taking. Affected facilities would also need to institute procedural changes fairly soon.

This issue has been controversial for decades. It is known that emissions from equipment during startup, shutdown and maintenance may be greater than while operating “normally.” Because emission limits are sometimes promulgated based on health standards or on normal operating equipment there are some who feel that such exemptions should not be allowed. Others understand that it is hard to limit emissions during non-normal operations and that SSM conditions occur for short periods only. The USEPA has sided with the latter interpretation. However, environmental groups have challenged the USEPA’s SSM exemptions as violating air toxic (NESHAP) rules.

Many states in their SIPs have addressed the USEPA’s nod to allow SSM exemptions. For example, the Illinois SIP expressly allows state officials “to determine in the permitting process that the excess emissions during startup and malfunction will not be considered violations of the applicable emission limitations.” Michigan’s SIP allows “an affirmative defense to violations of applicable emission limitations during startup and shutdown events.” As many as 36 state SIPs follow one or both of these approaches.

What are facilities to do? Not knowing the final outcome of the USEPA proposed rule change, facilities should begin to prepare for a potential time when SSM exemptions are eliminated or removed as a potential defense for emission exceedances. Environmental managers need to work with combustion and operation engineers to determine what actions can be taken during SSM to minimize emissions. What changes in Standard Operating Procedures (SOPs) may be necessary to ensure that emission limits are met at all times? Also, environmental managers, in assessing what are potential SSM emissions, should determine the lowest reasonably attainable SSM emission rates, and work with agency officials to amend Air permits accordingly to allow such rates.

CCES has the experience to help you determine your SSM and other emissions from a variety of process and combustion sources and to devise cost-effective strategies, such as operational changes, to comply with applicable regulations and with your permit. Give us a call or send us an e-mail today.