p.1 

OAR Box 1787 

Prepped by Ollie Stewart 

Document Number: 

23) ll-B-8 

Docket Number: 

A-90-37 

Printed 11/4/200810:22:19 AM Sheet 23 of 147 
P.2 

72-ZJ 

•*; oo 0 i

t

-

w 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON. D.C. 20460 ft -io -3 7 

JUN 2 7 1986 OFFICE OF 

MR AND RADIATION 

MEMORANDUM 

SUBJECT: Formation of Special Task Force 

on New Source Review 

i-\ >i H IJ :> ' 

•21)' 

FROM: J. Craig Potter 

Assistant Administrator 

for Air and Radiation 

TO: Regional Administrators 

Air Division Directors 

Office Directors 

I am pleased to announce today the formation of a Special 

Task Force on New Source Review to address growing concerns 

about the consistency and certainty of permits issued under 

the Clean Air Act new source review programs. I believe that 

focused agency attention on this issue holds the potential for 

substantial benefits, and this Task Force will serve as a 

vehicle for proposing effective solutions to current problems. 

The new source review programs under the 

require appropriate technological^ controls be 

major new source's of emissions. The Clean Ai 

substantial environmental and economic benefi 

installation of controls at the time a source 

constructed or modified. However, in a growi 

sources in delegated programs have not been r 

appropriate control technology or comply with 

ments of the Clean Air Act. EPA's discovery 

may occur months or even years after the perm 

Certainly, part of the difficulty may stem fr 

resource constraints and competing priorities 

difficulty in substantive technical review of 

Unfortunately, the result is that the full be 

installing controls when facilities are built 

Clean Air Act 

installed on any 

r Act envisions 

ts from the 

initially is 

ng number of cases, 

equired to install^ 

other requireof these situations 

its are issued, 

ora regional 

, as well as the 

issued permits, 

ne fi ts of 

are not being 
P.3 

- 2 -

realized and consistency in technological requirements among 

various states envisioned by the Act is not being achieved. 

At the same time, sources who have received permits issued 

by state and local agencies are not able to rely on those 

state-issued permits, but instead face later federal 

enforcement action after substantial investments are made. 

Consequently, the current situation is one in which all 

interests are not well served. 

I am convinced that we can do a better job of new source 

review within existing federal resource constraints. As a 

result, I am directing this Special Task Force to provide me 

with specific options to improve the current system. Once 

options are selected, the Task Force will develop implementing 

documents. The basic goal is to improve the timeliness, 

certainty and effectiveness of the new source review program. 

The Task Force should identify specific measures to ensure 

that delegated permitting agencies provide EPA regional offices 

vith adequate information to assure that the technology used 

is consistent with Clean Air Act requirements and source 

requirements in other states, while still maintaining sufficient 

flexibility for case-by-case determinations. In exchange for 

providing EPA with information in a more usable form, the task 

force would recommend ways to provide greater finality and 

certainty in permit decisions. As a necessary part of this 

effort, the task group should examine how information and 

technological requirements can best be enforced. 

Specifically, the Task Force should do the following: 

(a) identify the information needed by EPA Regions (and 

the appropriate format) to allow prompt and effective 

Regional review within existing resource constraints. 

The Task Force should take into account the burden of 

such reporting on the states and seek to minimize that 

burden consistent with other objectives; 

(b) identify specific options for maintaining the adequacy 

of the BACT/LAER clearinghouse and assuring its use 

in the permit review process. The task force should 

identify mechanisms for certifying such clearinghouse 

use or deviations from it to EPA and identify other 

means of assuring compliance with reporting and 

technological requirements; 

(c) identify mechanisms for assuring greater certainty 

in permit decisions; 
P.4 

- 3 -

(d) identify any regulatory or policy changes needed to 

implement the recommendations, provide a schedule 

for implementation and draft the appropriate 

implementing documents or guidance; 

(e) provide for the adequate considerations of the views 

and concerns of others within EPA, state and local 

agencies, the regulated community, public interest 

groups and the public. 

(f ) examine how the technological and other new source 

requirements can best be enforced. 

For each task, the Task Force should identify available 

options, indicate the pros and cons of each option, and make 

a particular recommendation. To the maximum extent possible, 

the recommendations should attempt to improve the new source 

review process within existing resource constraints. 

I am quite pleased by the outstanding group of persons 

who have been selected for this important assignment. The 

Office of General Counsel, the Office of Enforcement and 

Compliance Monitoring, and Regional offices have graciously 

agreed to participate through their representatives. The 

Task Force members are: 

OAQPS 

OAQPS 

OAQPS 

Control Programs Development Division, Gary 

McCutchen (Chairman) 

Emissions Standards and Engineering Division, 

John Crenshaw 

Division of Stationary Source Enforcement, 

Rich Biondi 

OPAR - Jim DeMocker 

Region I - Marsha Spinks 

Region III- Tom Maslany 

Region IV - Roger Pfaff 

Region IX - Wayne Blackard 

Office of General Counsel - Greg Foote 

Office of Enforcement and Compliance Monitoring - Judy Katz 
P.5 

These individuals bring a wealth of knowledge and practical 

experience in the new source review program and have reputations 

for getting the job done in a prompt, effective and practical 

manner. 

I have asked Joe Lees of my staff to monitor the work of 

the Task Force for me. I would like the Task Force to get 

organized as quickly as possible and produce an initial list 

of draft options in time for some discussion at our annual 

conference at Southern Pines in July, if possible. I would 

like options to be presented to me by the end of August, along 

with a schedule for further steps needed to implement. 

I have every expectation of outstanding results from this 

task force on this important and challenging assignment. I urge 

all of you to give your constructive input and full cooperation 

and support to this effort. 

cc: Michael Alushin 

Alan Eckert 

Joseph E. Lees 

Task Force Members