August 19, 2013 

MEMORANDUM 

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

SUB.JKT: Meeting ofU.S. EPA and Sierra Club representatives, members, and attorneys. 

This memorandum documents a meeting held on August 16, 2013, between representatives of the U.S. 

Environmental Protection Agency and representatives, members, and attorneys of the Sierra Club, 

concerning the EPA's proposed rulemaking relating to start-up, shutdown and malfunction provisions 

in state implementation plans published on February 22,2013. See 78 fR 12460. The meeting was 

held in response to the request of the Sierra Club. 

During this meeting, the representatives, members, and attorneys of the Sierra Club (SC) presented a 

number of points: 

I. The SC attendees expressed their concern that EPA complete the final rulemaking promptly in 

order to assure the protection of public 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 near Detroit, Birmingham, and St. Louis as 

examples. 

3. To explain the impacts of excess emissions during SSM events on members of the public, some . 

of the SC attendees described their own experiences with pollution events in the communities 

in which they live. The experiences described included serious health impacts, serious quality 

of life impacts, and frustration at the inability to get help to address these concerns. 

4. The SC attendees reported physical impacts including a high incidence of bronchitis, 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 their yards 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 their homes which they 

indicated arc the result of the 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 of air pollution which they attribute to SSM events. 

5. The SC attendees indicated that local and state officials had in some cases interceded on their 

behalf to help with these impacts, but that the pollution events had not abated and the adverse· 

impacts have continued. 'lhe SC attendees expressed their concern 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 of the CAA, there are many strong air pollution rules in 

effect, but expressed their view that there is insufficient enforcement, especially in 
Environmental Justice communities. In particular, the SC attendees stated that in their view a 

key reason for insufficient enforcement is state rules and permits that contain inappropriate 

exemptions that excuse sources from compliance with the law. The SC attendees indicated that 

the presence of the exemptions likewise impedes citizens from obtaining redress in court or in 

other actions, such as permit appeals, because the exemptions appear in the underl)'ing state 

regulations. 

7. ]be SC 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 exemptions in state law. 

8. The SC attendees expressed concerns about allowing sources ''to average away" the high spikes 

of air pollution through what they referred to as "statistical games'' in the applicable air 

pollution standards. It was stated that EPA should not allow this approach to mask the health 

risks from the·spikes of emissions that result during &<;M events because the communities are 

forced to bear the real health impacts from the emissions. 

9. The SC attendees expressed their view 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 their view such affirmative defense provisions are not consistent with CAA requirements 

and interfere with enforcement. 

During this meeting, the EPA attendees indicated that the agency is taking into consideration the 

comments of all parties, including' states, industry. environmental groups, and many members of the 

public. EPA attendees further indicated that the agency is working to complete the final rule in a 

timely fashion, but that the large volume of comments and the many issues raised in those comments 

require careful evaluation and consideration. 

At this meeting, the Sierra Club representatives presented a package of materials including: (I) a 

duplicate copy of the May 13, 2013, comments submitted on behalf of the American Bottom Society by 

Maxine I. Lipeles, Co-Director, Interdisciplinary Environmental Clinic, Washington University in St. 

Louis, School of law related 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 

the Birmingham area. A copy of the submitted materials is attached to this memorandum. This 

meeting occurred after the close of the comment period, and thus the materials submitted are 

considered late comments. 

The following Sierra Club representatives, members, or attorneys were present: 

S. Terry McGuire, Maxine I. Lipeles, Leslie G. Fields, Regina Smith; Thomas Gutenschwager, 

Sherry Griswold, Rhonda Anderson, Charlie Poweli. and Tonya Celeste Agan. 

The following EPA management and staff were present or participated via telephone: 

Janet McCabe (01\R), Lisa Garcia (OAR), Steve Page (OAR OAQPS), Mike Koerber (OAR OAQI'S). 

Phil Lorang (OAR OAQPS\ Apple Chapman (OECAAFD), Greg Fried (OECAAID), Charlie Garlow 

(OECAAID), Stan Buzzelle (OECA-OEJ), Sara Schnee berg (OGC), and Geoffrey L. Wilcox (OGC).