Portland Cement Association (PCA) recently negotiated a settlement of the thorny litigation challenging revisions to the National Emission Standards for Hazardous Air Pollutants (NESHAP) reporting provisions addressing startup, shutdown, and malfunctions (SSM), and the 112(j) “MACT Hammer” deadlines.

PCA devised the agreement with Jeff Holmstead, EPA Assistant Administrator for Air and Radiation, on behalf of seven or so industry litigants. In the deal, EPA agreed to re-proposed the SSM reporting requirements.

The Agency will be obliged to make an explicit case in the preamble for the new reporting requirements, including any potential environmental benefits. Commenters will then be given the opportunity to argue their merit, paving the way for EPA to possibly withdraw the requirement entirely. EPA is expected to propose the rule implementing the PCA-negotiated settlement in the next few weeks.