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EPA/AR RIN: 2060-AP96 Publication ID: 2012 
Title: National Emission Standards for Hazardous Air Pollutants: Startup, Shutdown, and Malfunction Amendments to Part 63 Standards 
Abstract: This action proposes to amend regulations in the General Provisions of regulations promulgated under the Clean Air Act (subpart A of Part 63) that provide for or are related to an exemption from the requirement to comply with Clean Air Act section 112 emission standards during startup, shutdown, and malfunction (SSM) events. On December 19, 2008, in Sierra Club v. EPA, the United States Court of Appeals for the District of Columbia Circuit vacated the SSM. These General Provisions are not specific to any source category and apply when incorporated into source category-specific standards. In addition, other subparts with similar provisions will be amended so that applicable standards will no longer have exceptions for sources that report malfunction conditions, to reflect the court vacatur. 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR 63   
Legal Authority: 42 USC 7401 et seq   
Legal Deadline:
Action Source Description Date
Action Date FR Cite
NPRM  02/00/2013 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Federal, State 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
Sectors Affected: 211 Oil and Gas Extraction; 212 Mining (except Oil and Gas); 221 Utilities; 311 Food Manufacturing; 313 Textile Mills; 314 Textile Product Mills; 321 Wood Product Manufacturing; 322 Paper Manufacturing; 323 Printing and Related Support Activities; 324 Petroleum and Coal Products Manufacturing; 325 Chemical Manufacturing; 326 Plastics and Rubber Products Manufacturing; 327 Nonmetallic Mineral Product Manufacturing; 331 Primary Metal Manufacturing; 332 Fabricated Metal Product Manufacturing; 333 Machinery Manufacturing; 334 Computer and Electronic Product Manufacturing; 335 Electrical Equipment, Appliance, and Component Manufacturing; 336 Transportation Equipment Manufacturing; 337 Furniture and Related Product Manufacturing; 339 Miscellaneous Manufacturing; 424 Merchant Wholesalers, Nondurable Goods 
RIN Data Printed in the FR: No 
Agency Contact:
Matthew Witosky
Environmental Protection Agency
Air and Radiation
109 T.W. Alexander Drive, Mail Code E143-05,
Research Triangle Park, NC 27711
Phone:919 541-2865

Lisa Conner
Environmental Protection Agency
Air and Radiation
Research Triangle Park, NC 27711
Phone:919 541-5060