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EPA/AR RIN: 2060-AR68 Publication ID: Spring 2015 
Title: State Implementation Plans: Response to Petition; Findings of Substantial Inadequacy; and SIP Calls to Amend Provisions Applying to Excess Emissions During Periods of Startup, Shutdown and Malfunction 

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.

Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR part 52     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 42 U.S.C. 7401 et seq. Clean Air Act   
Legal Deadline:
Action Source Description Date
Final  Judicial  Final Signature  05/22/2015 
Action Date FR Cite
NPRM  02/22/2013  78 FR 12460   
NPRM Comment Period Extended  04/08/2013  78 FR 20855   
Supplemental NPRM  09/17/2014  79 FR 55919   
Supplemental NPRM Comment Period End  11/06/2014 
Final Rule  06/00/2015 
Additional Information: Docket #:EPA-HQ-OAR-2012-0322
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, State 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL:  
RIN Data Printed in the FR: No 
Agency Contact:
Lisa Sutton
Environmental Protection Agency
Air and Radiation
Research Triangle Park, NC 27711
Phone:919 541-4991
Fax:919 541-5315

Phil Lorang
Environmental Protection Agency
Air and Radiation
Research Triangle Park, NC 27711
Phone:919 541-5463