The U.S. EPA issued its final regulatory action under the Clean Air Act (CAA) that is requiring 36 states to remove provisions from their State Implementation Plans (SIPs) allowing exemptions from emission limitations during startup, shutdown and malfunction (SSM) and scheduled maintenance (SM) events.  Ohio EPA will need to amend their Ohio Administrative Code (OAC) rules 3745-14-11, 3745-15-01, 3745-15-06, and 3745-77-07 to bring their SIPs into compliance with EPA's revised interpretation of the CAA.

The Ohio EPA is requesting stakeholder input prior to drafting the amendments.  These SSM and SM rules include regulations that identify and report excess emissions during periods of startup, shut down or malfunction and how to handle scheduled maintenance of air pollution control equipment.  Therefore, it is important that facilities seize this opportunity in order help shape the EPA's rulemaking process.

In addition to comments on suggested rule amendments, Ohio EPA is asking for information regarding how industry may be impacted by the new program.  The fact sheet asks for the following information:

  • Would this regulatory program have a positive impact on your business? Please explain how.
  • Would this regulatory program have an adverse impact on your business? If so, please identify the nature of the adverse impact (for example, license fees, fines, employer time for compliance).

Therefore, this is a great opportunity for facilities to share with Ohio EPA how updating the SSM and SM requirements may adversely affect their day to day operations.

Comments will be accepted through July 28, 2016.  For more information as well as information on where to submit your comments, click here.

If you have any questions about these rules or if you think these limits might impact your facility, please contact Bill Bruscino or Ellen Hewitt at (614) 433-0733.