Regulatory Development and Retrospective Review Tracker

National Emission Standards for Hazardous Air Pollutants: Startup, Shutdown, and Malfunction Amendments to Part 63 Standards

a.k.a. SSM Amendments to NESHAP Part 63 Standards - Startup, Shutdown, and Malfunction

RIN: 2060-AP96 (What's this?)

Docket No.: Not yet available (What's this?)

Current Phase: Pre-Proposal (What's this?)

This action proposes to amend regulations in the General Provisions of regulations promulgated under the Clean Air Act (subpart A of Part 63) that provide for or are related to an exemption from the requirement to comply with Clean Air Act section 112 emission standards during startup, shutdown, and malfunction (SSM) events. On December 19, 2008, in Sierra Club v.

EPA, the United States Court of Appeals for the District of Columbia Circuit vacated the SSM. These General Provisions are not specific to any source category and apply when incorporated into source category-specific standards. In addition, other subparts with similar provisions will be amended so that applicable standards will no longer have exceptions for sources that report malfunction conditions, to reflect the court vacatur.

NPRM: Published in FR00/0000 (projected)

Potential Effects

Environmental Justice
This rulemaking involves a topic that is likely to be of particular interest to or have particular impact upon minority, low-income, tribal, and/or other vulnerable populations because:

  • This topic is likely to impact the environmental conditions of vulnerable populations.

Federal Government - other agencies
Likely to be involved in the implementation of this rule.

State Governments
Likely to be involved in the implementation of this rule.

Participate / Learn More Regulatory Review

Some of EPA's rulemakings undergo regulatory review (What's this?), as prescribed by Executive Order 12866 and coordinated by the Office of Management and Budget (OMB). The following list describes which of this rulemaking's stages have completed review and published in the Federal Register, if any, and provides links to the review documents where available. Consult the "Timeline" section of this Web page for the dates of each review.

  • NPRM - No Information Available.
Citations & Authorities

Code of Federal Regulations (CFR) Citation
40 CFR 63

Legal Authority
42 USC 7401 et seq