EPA Proposed Rulemaking Impacts Ohio Emission Exemptions


The Environmental Protection Agency (EPA) has proposed to eliminate certain start up, shut down, and malfunction (SSM) air emission exemptions present in many state regulations, including Ohio.  The propose rule will require each of the 36 affected states to remove certain provision in their respective State Implementation Plans (SIPs) that allow exemptions from emission limitations during SSM events.  If the proposed rule is adopted as a final rule, the effects can be far reaching as these state exemptions are reflected in Clean Air Act permits that each state issues to companies operating within its borders. How that will play out is unclear at this time
The administrative rules impacted in Ohio are OAC 3745-15-06(A)(3) and OAC3745-15-06(C).

Comments to the proposed EPA rule were due no later than March 25, 2013. 

Below are EPA and Federal Register links regarding the proposed rulemaking:

 
*Docket for rulemaking, "State Implementation Plans: Response to Petition for Rulemaking; Findings of Substantial Inadequacy; and SIP Calls to Amend Provisions Applying to Excess Emissions During Periods of Startup, Shutdown, and Malfunction" (EPA-HQ-OAR-2012-0322):



*State Plans to Address Emissions During Startup, Shutdown, and Malfunction: Proposed Response to Petition for Rulemaking , Findings of Inadequacy, and Call for Plan Revisions--Fact Sheet:


 
*Federal Register Vol. 78, No. 36, Part III issued Friday, February 22, 2013:


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