August 19, 2013

MEMORANDUM



### TO: EPADocket#EPA-HQ-OAR-2012-0322



### SUB.JKT: Meeting ofU.S. EPA and SierraClub representatives, members, and attorneys.

This memorandum documents a meeting held on August 16, 2013, between representatives ofthe U.S. Environmental ProtectionAgency and representatives, members, and attorneys ofthe SierraClub, concerning the EPA's proposed rulemakingrelatingto start-up, shutdown and malfunction provisions in state implementation plans published onFebruary 22,2013. 

### See 78 fR 12460. The meeting was held in response to the request ofthe SierraClub.

During this meeting, the representatives, members, and attorneys ofthe SierraClub (SC)presented a number ofpoints:

I. The SC attendees expressed their concern that EPAcomplete the final rulemaking promptly in order to assure the protection ofpublic health. 2. The SC attendees expressed concern about the health impacts caused by deficient SIP provisions such as SSM exemptions nationwide. To illustrate these concerns about impacts on citizens nationwide, the SC attendees described the adverse impacts on communities that result from emissions from large sources located nearDetroit, Birmingham, and St. Louis as examples. 3. To explain the impacts ofexcess emissions during SSM events on members ofthe public, some

. ofthe SC attendees described theirown experiences with pollution events in thecommunities in which they live. The experiences described included serious health impacts, serious quality oflife impacts, and frustration at the inability to get help to address these concerns. 4. The SC attendees reported physical impacts including a high incidence ofbronchitis, skin and eye conditions, asthma, heart problems, premature births, and cancer in their communities, which they attribute to the air pollution during SSM events. They also reported quality oflife impacts such as having to live \\ith windows closed, being unable to use theiryards and porches, being unable to have visits from family, being awakened at night by smells, noise and explosions, and being awakened at night and forced to evacuate theirhomes which they indicated arc the result ofthe SSM events. They further reported serious impacts on children, including both adverse health impacts and adverse impacts on their ability to attend schools as

a result ofair pollution which they attribute to SSM events. 5. The SC attendees indicated that local and state officials had in some cases interceded on their behalfto help with these impacts, but that the pollution events had not abated and the adverse· impacts have continued. 'lhe SC attendees expressed theirconcern that because the local and
state officials had been unable to help them, they need EPA's assistance to address the problem. 6. The SC attendees noted that as a result ofthe 

### CAA,there are many strong airpollution rules in effect, but expressed theirview that there is insufficient enforcement, especially inEnvironmentalJustice communities. In particular, the SC attendees stated that in their view a key reason for insufficient enforcement is state rules and permits that containinappropriate exemptions that excuse sources from compliance with the law. The SC attendees indicated that the presence ofthe exemptions likewise impedes citizens from obtainingredress in court orin other actions, such as permit appeals, because the exemptions appearin the underl)'ing state regulations. 7. ]beSC attendees stated their view that sources can meet applicable air pollution standards, as other similar sources do, but that some sources do not comply\vith air pollution standards because they are not required to do so, and they are not required to do so because of inappropriate exemptionsin state law. 8. The 

### SC attendees expressed concerns about allowing sources ''to average away" the high spikes ofairpollution through what they referred to as "statistical games''in the applicable air pollution standards. It was stated thatEPA should not allow this approach to mask the health risks from the·spikes ofemissions that result during &<;M events because the communities are forced to bear the real health impacts from the emissions. 9. The 

### SC attendees expressed theirview that EPA should finalize the proposal as proposed, especially with respect to eliminating automatic and discretionary exemptions from emission limits. The SC attendees stated their strong opposition to EPA's proposal with respect to affirmative defense provisions for violations that occur due to malfunctions. They indicated that in theirview such affirmative defense provisions are not consistent with CAArequirements and interfere with enforcement.

During this meeting, the EPA attendees indicated that the agency is taking into consideration the
comments ofall parties, including' states, industry. environmental groups, and many members ofthe public. EPA attendees further indicated that the agency is working tocomplete the final rule in a timely fashion, but that the large volume ofcomments and the many issues raised in those comments require careful evaluation and consideration.

At this meeting, the SierraClub representatives presented a package ofmaterials including: (I) a duplicate copy ofthe May 13, 2013, comments submitted on behalfofthe AmericanBottom Society by Maxine I. Lipeles, Co-Director, Interdisciplinary EnvironmentalClinic, Washington University in St. Louis, School oflawrelated to a source in the St. Louis area; (2) written materials and photographs related to events at a source in the Detroit area, and (3) photographs related to events at a source in theBirmingham area. Acopy ofthe submitted materials isattached tothis memorandum. This meeting occurred aftertheclose ofthe comment period, and thus the materials submitted are considered latecomments.

The following SierraClub representatives, members, or attorneys were present:

S. TerryMcGuire, Maxine I. Lipeles, Leslie G. Fields, Regina Smith;Thomas Gutenschwager, Sherry Griswold, Rhonda Anderson,Charlie Poweli. and TonyaCeleste Agan.

The following EPAmanagement and staffwere present orparticipated via telephone:

Janet McCabe (01\R),Lisa Garcia (OAR), Steve Page (OAROAQPS), Mike Koerber (OAROAQI'S). PhilLorang (OAROAQPS\ Apple Chapman (OECAAFD), Greg Fried (OECAAID), Charlie Garlow (OECAAID), StanBuzzelle (OECA-OEJ), SaraSchneeberg (OGC), and Geoffrey L. Wilcox (OGC).