Thirty-six states face a Nov. 16 deadline to eliminate startup, shutdown and malfunction (SSM) exemptions from their air plans.
But EPA’s rule isn’t sitting well with industry – or regulators at the Texas Commission on Environmental Quality (TCEQ).
A top TCEQ official argues taking away the so-called industry shield is “impractical” and goes against the Clean Air Act’s “bedrock principles.”
Texas is among 19 states suing EPA to restore the industry shield so state agencies can decide whether fines should be waived for emission spikes due to maintenance, load changes, soot blowing, etc.
Meet the deadline or else
The DC Appeals Court will hear the case starting this winter but won’t rule until at least 2017.
States are busy rewriting their plans and avoid EPA imposing federal plans on them.