The U.S. EPA has determined that Colorado’s regulation regarding affirmative defense for excess emissions during startup, shutdown, and malfunction (SSM) are “inadequate” and must be repealed by November 22, 2016, according to a June 25, 2015 report from Trinity Consultants. At a stakeholder meeting on June 9th, the Colorado Department of Public Health and Environment (CDPHE) proposed a timeline that would have resulted in a revised rule by November 30, 2015. In light of the effort that went in to crafting the current rule, stakeholder feedback to the CDPHE was that this timeline was too aggressive and that outright repeal of the current provisions could wreak havoc on permitting.

While the CDPHE has not backed away from a November rule revision, they have committed to work with stakeholders to explore alternatives to outright repeal of the provisions. They have requested information on:

• Other states where the EPA has approved affirmative defenses or enforcement discretion provisions;
• Areas where affirmative defense may be maintained;
• Impacts to a repeal of the current rule on minor source; and
• Alternative regulatory language that satisfies the SSM SIP Call.

What this means to you
The U.S. EPA has determined that Colorado’s regulation regarding affirmative defense for excess emissions during startup, shutdown, and malfunction (SSM) are “inadequate” and must be repealed by November 22, 2016.

MIRATECH can help
Contact MIRATECH to learn more about stationary engine emission solutions.