Startup, Shutdown, and Malfunction (SSM) Reconsideration

Case Overview

Toxic air pollution from refineries, chemical plants, incinerators and other large industrial plants can increase to as much as ten times allowable levels during startup, shutdown, and malfunction events. Nonetheless, EPA’s regulations exempted plants from toxic emission limits during these periods. Moreover, though EPA requires plant operators to prepare a plan for minimizing emissions during these highly polluting periods, EPA did not require plants to comply with their plan and allowed the plan to be kept secret from the public.

In December of 2008, as a result of this lawsuit, this loophole was closed by a federal court. Industry groups appealed the decision, and in March 2010, the U.S. Supreme Court refused to review the case, effectively ending litigation.

Case Updates

September 13, 2022 Document

Petition for Rulemaking, SSM (September 2022)

Earthjustice, along with a coalition of community advocacy and environmental groups, formally petitioned the U.S. Environmental Protection Agency (EPA) to eliminate loopholes in national Clean Air Act protections that allow facilities like oil refineries, chemical plants, and incinerators to disregard emission standards, stop reporting their pollution, and avoid fines or other consequences for excess pollution...

September 13, 2022 Press Release

Dangerous Loopholes Allow Facilities to Release Toxic, Unchecked Air Pollutants

Groups petition EPA to close Clean Air Act loopholes for startup, shutdown, malfunction events

May 6, 2022 Press Release

EPA to Review Air Toxics Loopholes Covering Oil Refineries and Petrochemical Plants

Dangerous “malfunction” loopholes allow industry to emit toxic air with impunity