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This final action responds to a petition submitted by the Sierra Club on June 30, 2011, concerning how state air agency rules in EPA-approved State Implementation Plans (SIPs) treat excess emissions during periods of startup, shutdown or malfunction (SSM). The Petitioner requested the EPA to issue SIP calls pursuant to the Clean Air Act (CAA) to require certain states to revise their SIPs to remedy alleged deficiencies identified in the petition. This final action has been preceded by two proposals. In a February 22, 2013, NPRM, the EPA proposed its response to all issues identified in the Petition, granting it in part and denying it in part, as well as proposing SIP calls for 36 states. Subsequent to that proposal, a federal court ruled that the CAA precludes the authority of the EPA to create affirmative defense provisions applicable to private civil suits. As a result, the EPA issued a supplemental NPRM stating its revised interpretation of the CAA based on that court ruling and inviting comment on how the revised interpretation should affect the response to the petition. In the supplemental NPRM, the EPA also proposed SIP calls for two additional States.