EPA Approval Of State SSM Waivers Seen As Bid To Evade D.C. Circuit Bar

Environmentalists say EPA’s issuance of state-specific waivers for industry emissions spikes during startup, shutdown and malfunction (SSM) events in lieu of issuing a final national rule approving such waivers appears to be a bid to evade a U.S. Court of Appeals for the District of Columbia Circuit case that could block such a policy. EPA’s critics say the agency is approving state SSM waivers that would be litigated in the regional circuit court covering the state, rather than in the...