EPA Orders IDEM to Crack Down on Air Violations During Equipment Malfunctions

On May 22, the Environmental Protection Agency (EPA) announced that Indiana and many other states can no longer excuse excess air emissions that occur during equipment start-up, shutdown or malfunctions. By November 22, 2016, Indiana and 35 other states must submit revised State Implementation Plans (SIPs) to comply with the EPA order. As part of the Indiana Manufacturer’s Association August Environmental Forum newsletter, Max Kelln, Faegre Baker Daniels associate, outlined several options for how states like Indiana might respond to the new requirements, and how the revised rules could affect manufacturers.

“Several states have already taken steps to revise their rules since EPA made this announcement,” Kelln said. He also warned that the effect on facilities could lag, so potentially affected facilities should proactively engage their respective state agencies during the rulemaking process.

“Although it may take years for some facilities to be impacted by any revised rules, increased compliance costs and enforcement risk are likely. Luckily, there will be plenty of time before the EPA deadline for interested businesses to help [states] come up with common-sense and practical solutions to this issue.”