Ohio EPA has begun the rulemaking process for establishing new startup, shutdown or malfunction (SSM) and scheduled maintenance (SM) rules. The impetus for this rulemaking is the final determination published in the June 12, 2015 “Federal Register” (80 Fed. Reg. 33850) by EPA finding that Ohio’s SIP was “substantially inadequate” due to its treatment of SSM events. The purpose of the rulemaking is to address specifically the deficiencies noted in EPA’s final determination.

Ohio EPA concluded its early stakeholder outreach regarding the rulemaking on July 28, 2016 and now is making any changes that it concludes necessary to the rule. Ohio EPA will make the draft rule language available for a 30-day public review period upon completion of its work.

As discussed in the last “Dinsmore Air Quality Letter” Ohio has filed suit in the United States Court of Appeals for the District of Columbia Circuit challenging EPA's final determination. See Walter Coke, Inc. v. US EPA, Case No. 15-1166. The outcome of this litigation could affect the rulemaking process. Final briefs in that case are due on October 19, 2016. We will continue to follow the rulemaking as it progresses.