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  2. New Source Review (NSR) Permitting

Excess Emissions During Startup, Shutdown, and Malfunction

Date Title EPA Office Author Issues Addressed
5/21/2008 Review of maintenance, start-up, shutdown activities by Region 6 of the Texas Commission on Environmental Quality draft model permit (pdf) (366.65 KB) Region 6 Robinson, Jeff Concerns approval of  TCEQ's initiative to address malfunction, startup, and shutdown (MSS) emissions through permits at major
stationary sources is related to changes in the state's Chapter 101 Excess Emissions rule, which establishes an affirmative defense for excess emissions during MSS, but then provides a schedule for phasing out the use of the affirmative defense for excess emissions from planned MSS activities. 
11/09/1977 Contingency Plan for FGD Systems During Downtime as a Function of PSD (pdf) (14.87 KB) SSCD Reich, Edward Whether PSD approvals for new sources using FGD systems can be conditioned to require a contingency plan for periods when the FGD system is not functioning.
05/21/2008 Review of Maintenance, Start-Up, Shutdown Activities by Region 6 of the Texas Commission on Environmental Quality Draft Model Permit Region 6 Robinson, Jeff Expresses EPA views on a draft model permit for emissions from maintenance, start-up, and shutdown (MSS) activities in new source permits for major sources. Addresses the need to minimize excess emissions during MSS, and to incorporate MSS emissions in PTE calculations, public participation and BACT analyses, and the enforceability of MSS emission limits.
02/15/1983 1983 Policy on Excess Emissions During Startup, Shutdown, Maintenance, and Malfunctions OAR

Bennett, Kathleen

Clarifies September 28, 1982 memorandum concerning policy on excess emissions during startup and shutdown.
09/28/1982

Policy on Excess Emissions During Startup, Shutdown, Maintenance, and Malfunctions

OAR Bennett, Kathleen Clarifies EPA policy relating to  excess emissions during startup, shutdown, maintenance, and malfunctions.
01/28/1993 Automatic or Blanket Exemptions for Excess Emissions During Startup, and Shutdowns Under PSD SSCD Rasnic, John

Addresses EPA policy on excess emissions during startup and shutdown and on automatic exemptions that are granted in PSD permits.

11/08/2001 Clarification - State Implementation Plans (SIPs): Policy Regarding Excess Emissions During Malfunctions, Startup, and Shutdown OECA, OAQPS Schaeffer, Eric and Seitz, John EPA policy directive regarding excess emissions during malfunctions, startup, and shutdown that may be appropriately approved in a SIP. 
12/05/2001 Re-Issuance of Clarification - State Implementation Plans (SIPs): Policy Regarding Excess Emissions During Malfunctions, Startup, and Shutdown OECA, OAQPS Schaeffer, Eric and Seitz, John Re-issuance of an EPA policy directive regarding excess emissions during malfunctions, startup, and shutdown that may be appropriately approved in a State Implementation Plan (SIP). This excludes a paragraph that was erroneously included in the 11/08/2001 guidance. 
06/28/1985 Seasonal Afterburner Policy, Applicability of Part D NSR Requirements OAQPS Bauman, Robert Whether emissions increases associated with the winter shutdown of volatile organic compounds (VOC) control equipment must be reviewed for applicability for New Source Review.
12/01/1980 Revised Seasonal Afterburner Policy OAQPS Barber, Walter Revised policy on seasonal operation of natural gas-fired afterburners related to the approval of SIP revisions and the requirement to assess air quality impact.
11/16/2007 Comments on Proposed Amendments to Chapter 106, 116 for Maintenance, Startup and Shutdown (MSS) Chapter 106, Subchapter K Region 6 Robinson, Jeff EPA Region 6 comments on a state’s proposed rule to accommodate a Permit by Rule and Standard Permit for maintenance, startup and shutdown (MSS) emissions.
09/20/1999 State Implementation Plans: Policy Regarding Excess Emissions During Malfunctions, Startup, and Shutdown (pdf) (45.42 KB) OECA, OAR Herman, Steven and Perciasepe, Robert Expresses EPA policy regarding excess emissions during malfunctions, startup, shutdown, and maintenance, and clarifies the types of excess emissions provisions states may incorporate into SIPs.

Return to Policy & Guidance Document Index

The “Relevant Guidance” index includes a collection of documents issued by EPA organized by topic area. These documents include memoranda, letters, orders, and other types of EPA actions that may provide guidance in one or more forms, such as an adjudication, statement of policy, interpretation of statutes or regulations, or technical information. Each collection is intended to be representative of EPA statements on the topic, but it may not be a complete listing of such statements. The collection does not reflect topic-specific statements that have been expressed by EPA though published rule preambles and Title V petition orders, nor does it include EAB decisions. Each document in the collection speaks for itself, and the inclusion or exclusion of a document in the collection is not intended by EPA to communicate anything more than what is expressed within each document. EPA makes no independent representations on this website as to the extent to which any document in the collection reflects EPA’s current views on the topic, is a final action by EPA, or has any legal effect or precedential weight. Readers are advised to review the documents in the collection and conduct their own assessment of such considerations based on the content of each document and other documents in the collection. Some of the information or views included in the documents may be affected by subsequent changes to the referenced statutory or regulatory language or by court decisions. In addition, many of the statements in these documents are based upon the federal regulations which may differ from rules that govern federally-approved programs. Permitting authorities are advised to consult with their EPA Regional Offices if there is a question as to the relevance of a particular statement to their NSR program.

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Last updated on April 2, 2025
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