On February 22, 2013, the United States Environmental Protection Agency (EPA) issued a sweeping proposal regarding the treatment of excess emissions in state rules from sources during periods of startup, shutdown, and malfunction (SSM). The proposal responds to a petition for rulemaking filed in 2011 by the Sierra Club, and promises to fundamentally alter the way most states, including Colorado and North Dakota, treat SSM events in their State Implementation Plans (SIP). Comments on EPA’s proposal are currently due March 25, 2013.
