OMA Files Comments on Startup, Shutdown, Malfunction Rules


The OMA submitted two sets of comments to Ohio EPA’s Interested Party Review draft amendment for Ohio’s startup, shutdown, and malfunction (SSM) rules, issued in response to U.S. EPA’s finding of “substantial inadequacy” and SIP Call to amend provisions applying to excess emissions during the SSM periods. In the first set of comments, the OMA and business allies recommended: 1) modify the proposed definition of “malfunction” to remove the exclusion for equipment failures caused only in part by poor maintenance or careless operation; 2) modify the scheduled maintenance rule to allow owners or operators to continue operating when shutting down would be unsafe; 3) modify the malfunction rule to impose work practice standards during equipment failures; 4) expand the availability of alternative emission limits to minor sources; and 5) allow the adoption of alternative emission limits that are not equivalent to emission limits applicable during normal operation. In the second set of comments, the OMA alone submitted detailed concerns about the regulations’ adverse business impact, how the regulations were developed, and specific problematic language in the regulations.  12/15/2016