MEMORANDUM

SUBJECT:  Incorporation of Startup, Shutdown, and Malfunction
          Plans into Source's Title V Permits

FROM:     John S. Seitz, Director
          Office of Air Quality Planning and Standards (MD-10)

TO:       Regional Air Directors

     The purpose of this memorandum is to clarify the language
within 40 CFR 63.6(e)(3)(i), the General Provisions for National
Emission Standards for Hazardous Air Pollutants (NESHAP), which
states that a source's Startup, Shutdown, and Malfunction (SSM)
plan shall be incorporated by reference into the source's title V
operating permit.

     The language in 63.6(e)(3)(i) is to ensure that the
requirement to prepare and implement a SSM plan is explicitly
stated within a source's operating permit.  Our intention is not
for the contents of the plan to be actually written into the
permit.  This conclusion follows from the requirements for the
SSM plan:  the repository for the SSM plan is at the source's
location; that revisions to the SSM plan by the owner or operator
are not required to be submitted to the EPA; and that the owner
or operator is required to keep all previous versions of the SSM
plan for a period of 5 years.

     The requirement to prepare and implement the SSM plan
remains enforceable.  While there is no need for a source's SSM
plan to be submitted with the title V permit application or
included in the source's operating permit, the permitting
authority may review a copy of the source's SSM plan if desired. 
The confidentiality of the plan shall be subject to the
protection afforded by 63.15.

     We intend to include this clarification in a public
rulemaking along with other revisions to the General Provisions
40 CFR part 63 subpart A in the near future.     The Regional Offices should send this memorandum to States
within their jurisdiction.  Questions concerning this issue
should be directed to the appropriate regional office staff.  
Regional Office staff may contact James Szykman of the Policy,
Planning and Standards Group in the Emission Standards Division
at (919) 541-2452.

Addressees:
Linda Murphy, Region I
Conrad Simon, Region II
Thomas Maslany, Region III
Winston Smith, Region IV
David Kee, Region V
A. Stanley Meiburg, Region VI
William Spratlin, Region VII
Patricia Hull, Region VIII
David Howekamp, Region IX
Jim McCormick, Region X