On June 12, 2015, EPA published a final rule (80 Fed. Reg. 33839) concluding that the State Implementation Plan (SIP) of many states, including Kentucky, is deficient due to their defenses for excess emissions during startup, shutdown, and malfunction. The rule, entitled “State Implementation Plans: Response to Petition for Rulemaking; Restatement and Update of EPA’s SSM Policy Applicable to SIPs; Findings of Substantial Inadequacy; and SIP Calls to Amend Provisions Applying to Excess Emissions During Periods of Startup, Shutdown and Malfunction,” finds that Kentucky’s EPA-approved SIP is “substantially inadequate” and must be revised.
Kentucky’s regulation on this point is found at 401 KAR 50:055 and provides a limited set of circumstances which recognize that startups, shutdowns and malfunctions are not normal operating circumstances and can result – even in the best of circumstances – in a facility temporarily exceeding emissions limits.
To qualify, the facility must provide advance notice when possible and the exemption cannot result from failure to properly operate and maintain the equipment. The facility must use all reasonable options to minimize emissions, and cannot have a pattern of problems.
It appears that some affected states have initiated litigation to change this recent rule, others are removing these provision from their SIP but are continuing to use the exemption for state origin permits.
If you have questions about how this change will impact your facility, contact SMG.