Photo: TPC Group Inc. encounters an upset and flares into Houston's East End Barrios (photo credit: Bryan Parras).
We support EPA’s action to implement this policy promptly, in view of the important public health and public interest concerns that EPA has identified in the preamble. We would like to see this proposed action move forward expeditiously.
Some malfunctions are known to be avoidable, see, e.g., if a source performs advance maintenance, repair, planning, employee training, systems management, redundant pollution controls, safeguards, and other protocols to avoid and quickly address situations like over-pressuring, and other types of prevention measures.
Even if an upset is not avoidable, the extent of the malfunction, based on what steps an operator takes immediately to respond and correct the problem, is at least to some extent within the operator’s control. Deleting the term “unavoidable” or recognizing it is only “sometimes” unavoidable, would be preferable to suggesting that it is never possible to avoid or minimize malfunctions or the serious harm they cause, by definition. Using an alternative term like “unanticipated” would be another possibility.
We believe this and EPA’s SSM Policy should be implemented as quickly as possible. When returning to a policy from 2015 to follow the Clean Air Act and remove provisions that encroach on federal court jurisdiction, 18 months seems like a long time.
It does not appear to be as expeditiously as practicable (as it is simply going right up to the outside time limit the statute allows). This is especially concerning when people near these sources will have to wait this long for the next step in the removal of exemptions and similar provisions that allow excessive harmful air emissions to occur.
There is a particular need for prompt action on this to protect the health and well-being of communities near multiple regulated sources who may be facing combined or cumulative impacts from multiple releases, and likely have faced these for years while awaiting this action.
Here is the link to submit your comment.
State Implementation Plans: Findings of Substantial Inadequacy and SIP Calls To Amend Provisions Applying to Excess Emissions During Periods of Startup, Shutdown, and Malfunction