Petition for Rulemaking to Eliminate Startup, Shutdown, and Malfunction Exemptions in Clean Air Act Section 111 Regulations

A coalition of environmental and community groups argues that SSM exemptions in Clean Air Act section 111 regulations are unlawful and disproportionately harm low-income communities and communities of color. The petitioners claim these loopholes allow industrial facilities to emit pollutants far exceeding normal levels without consequence, particularly during natural disasters. They assert that the D.C. Circuit's ruling in Sierra Club v. EPA established that emissions standards must apply continuously, making the current SSM exemptions and the 'general duty' provision legally invalid. The document calls for a unified rulemaking to remove all remaining NSPS and NESHAP loopholes to ensure public health protection and environmental justice.

• The petitioners identify at least 23 subparts within the EPA's New Source Performance Standards (NSPS) regulations that contain unlawful SSM exemptions, including those for petroleum refineries, glass manufacturing plants, and the polymer manufacturing industry.
• SSM events result in 'excess emissions' that can exceed a facility's routine annual emissions and last from several hours to weeks. In 2020, Texas facilities reported 2,980 such events, emitting over 46 million pounds of air pollution.
• The document argues that SSM exemptions create a significant environmental justice issue because fenceline communities—predominantly low-income and communities of color—are disproportionately exposed to these pollution spikes.
• Climate-fueled natural disasters can trigger 'NaTech' events, where natural hazards lead to technological disasters and severe SSM excess emissions, as seen during Hurricane Harvey in Houston.
• The D.C. Circuit ruled in Sierra Club v. EPA (2008) that SSM exemptions violate the Clean Air Act because the law requires emission standards to limit pollutants on a 'continuous basis.'
• The petitioners argue that the EPA's 'general duty' provision—which requires operators to minimize emissions to the extent practicable—is not a valid standard of performance because it does not ensure continuous emission reduction.

APA

Earthjustice (2022). Petition for Rulemaking to Eliminate Startup, Shutdown, and Malfunction Exemptions in Clean Air Act Section 111 Regulations. https://earthjustice.org/sites/default/files/files/ssm_caa_111_petition_to_epa_9_13_22.pdf

Chicago

Earthjustice. Petition for Rulemaking to Eliminate Startup, Shutdown, and Malfunction Exemptions in Clean Air Act Section 111 Regulations. 2022. https://earthjustice.org/sites/default/files/files/ssm_caa_111_petition_to_epa_9_13_22.pdf.

Wikipedia

{{cite press release |author=Earthjustice |title=Petition for Rulemaking to Eliminate Startup, Shutdown, and Malfunction Exemptions in Clean Air Act Section 111 Regulations |date=13 September 2022 |url=https://earthjustice.org/sites/default/files/files/ssm_caa_111_petition_to_epa_9_13_22.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@misc{earthjustice2022petition, author = {{Earthjustice}}, title = {{Petition for Rulemaking to Eliminate Startup, Shutdown, and Malfunction Exemptions in Clean Air Act Section 111 Regulations}}, publisher = {Earthjustice}, year = {2022}, month = sep, url = {https://earthjustice.org/sites/default/files/files/ssm_caa_111_petition_to_epa_9_13_22.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }