Startup, Shutdown and Malfunction & EPA State Implementation Plan

October 30, 2013

2 – 3:30 p.m. ET

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All you need to attend is a phone and a computer with Internet access!

Startup, Shutdown and Malfunction (SSM) & EPA State Implementation Plan (SIP) Webinar Series

In February 2013 EPA proposed to find that 32 states had “substantially inadequate” Clean Air Act (CAA) regulations because they explicitly or implicitly excused from civil liability and/or citizen suits exceedances of applicable emission limitations during startup, shutdown and malfunctions. 

From the perspective of generators, the most important of these potential CAA violations involve federal and local NOx, SO2 and opacity limits. See 78 Fed. Reg. 12460 (Feb. 22, 2013). If EPA finalizes the proposal as it has suggested it will later this year, states will have 18 months to submit to EPA for approval “acceptable SSM regulations” or become subject to a federal SSM rule.  It appears from the proposed February “EPA “SIP CALL” that in the future excess emissions during SSM events could expose generators to EPA/state and/or citizen suits.  Note also that EPA had not coordinated this rulemaking with the SSM provisions in the Mercury and Air Toxics Standard (MATS) or the boiler MACT rules or Title V permit contents.

Webinar Description

Startup, Shutdown and Malfunction (SSM) & EPA SIP

This webinar will provide historical context for EPA’s rulemaking, the potential for EPA enforcement and citizen suits that EPA’s SIP actions may present in the future, and the mechanics of state rulemakings and EPA procedures for reviewing and approval of SIP revisions.

The speaker will discuss the potential effect of the SIP call and SSM rule revisions on startup and shutdown procedures, best practices during these events to minimize emissions and how “affirmative defenses” operate.  The likely effect of these regulatory developments on Title V permit and MATS compliance and whether it is possible to coordinate provisions to provide operating certainty will also be discussed.

This webinar is the first in a series of two webinars. 

The second webinar will examine options states are considering in rulemaking, potential permit revisions involving SSMs and best management practices, the best types of affirmative defenses, utility best practices, and other issues. 

It is not necessary to participate in both webinars, but it may be beneficial.

Who Should Attend:

  • Environmental managers
  • Generation & fuels managers,
  • General managers
  • Outside counsel (with a request from the utility client to Theresa Pugh).

This webinar is only open to APPA member utilities, state and regional associations and joint action agencies.  Outside counsel may participate with the approval of Theresa Pugh,

Leslie Ritts
, The Ritts Group, Outside Counsel to APPA, Alexandria, VA

How to Participate:

Cost is $89 for members and $179 for nonmembers

Register now

If you need a username/password, please contact APPA's Web Department at

Now offering CPE credits!

This webinar is worth 1.5 CPEs/.2 CEU/1.5 PDH credits.  CPE Field of Study: Specialized Knowledge & Applications

The certificate is only available to the person who registered for the webinar and attendance is confirmed by the webinar report log.

This webinar will not be re-broadcast or recorded.

Submit Questions in Advance
To ensure topics of interest are covered sufficiently we encourage registrants to submit topics and questions prior to the webinar. Please submit questions/topics to