April 8, 2020: Late yesterday, a broad coalition of environmental and community groups challenged EPA's plan to reopen the Startup, Shutdown, Malfunction (SSM) loopholes in Texas, which would allow dirty industrial facilities like coal plants and oil refineries to release massive amounts of dangerous air pollution into vulnerable communities already suffering from respiratory ailments. The coalition includes Sierra Club, Air Alliance Houston, Citizens for Environmental Justice, Community In-Power & Development Association, Downwinders at Risk, Environmental Integrity Project, Natural Resources Defense Council, Public Citizen, and Texas Campaign for the Environment.
EPA's rule allowing more pollution in already overburdened communities is especially egregious given the current public health crisis. The health risks posed by air pollution in these communities cannot be overstated. New studies have shown how communities with high levels of air pollution are more likely to die from Covid-19.
The SSM loopholes allow polluting facilities to release unlimited amounts of pollution during their startups, shutdowns, and malfunctions without legal remedies under the Clean Air Act. Some coal plants are already responsible for creating sulfur dioxide nonattainment areas all by themselves. Oil refineries have also been known to release more pollution during SSM events than they emitted during normal operations throughout the entire year. In a state like Texas, which produces a lot of energy, SSM events represent major health risks to local people with chronic ailments like asthma, especially children and senior who venture outside for daily activities.