From: Stoneman, Chris

Sent: Tuesday, April 28, 2015 2:04 PM
To: PFARGOTS@FCLAW.com Subject: RE: PROPOSED GENERAL PERMIT FOR HOT MIX ASPHALT PLANTS ON INDIAN LANDS [FC

Email.FID6568232]

Hello Mr. Fargotstein:

I am emailing to provide an answer to your question.

With respect to the p. 4 sentence, 250 tpy is the major source threshold
for PSD sources in attainment areas, unless the source category is listed in section 169(1) of the
Clean Air Act. For the listed categories in section 169(1), the threshold is 100 tpy. However, HMA plants is not a listed category.

With respect to p. 12 passage, I recognize the wording may be confusing. What the sentence is trying to say is that the Title V major source threshold in attainment areas is 100 tpy. Section 501(2) (Title V) of the Clean Air Act defines a major source to include the definition in section 302 of the Act that applies outside nonattainment areas, which is where you will find the 100 tpy.

I hope that helps.

You can also now find the final rule and permits on our website (http://www.epa.gov/air/tribal/tribalnsr.html). It should be published in the Federal Register in the coming days.

Thank you.

Chris Stoneman

Fr om: PFARGOTS@FCLAW.com [mailto:PFARGOTS@FCLAW.com] Sent: Tuesday, April 28, 2015 12:39 PM To: Stoneman, Chris Subject: PROPOSED GENERAL PERMIT FOR HOT MIX ASPHALT PLANTS ON INDIAN LANDS [FC

Email.FID6568232] Importance: High

Chris: Per the EP A instructions in the Tribal Minor NSR summary, I left a voice mail yesterday but often

an e

- mail is easier to respond to. I have a client who I am advising concerning the proposed general permit. I reviewed the Background Document published by EPA o n April 20, 2015 relating to several general permits proposed under the Tribal Minor NSR Rule including hot mix asphalt plants. The top ofpage 4 of the document states:

“The NSR major source threshold for attainment areas is 250 tpy for any

crite ria pollutant. The NSR major source threshold for nonattainment areas are summarized in Table 2

below.”

Page 12 of the document states as follows:

“The NSR and Title V major source emission thresholds for sourced located

in attainment areas are 100 tpy for all criteria pollutants. The NSR and Title V major source
emissions thresholds for facilities located in nonattainment areas vary for each pollutant and nonattainment status,
as shown in Table 2.”

These statements seem contradictory with re spect to the NSR threshold for
attainment areas. I also noted that EPA used the 100 tpy threshold as the basis for determining the general permit limit of 80 tpy for CO for attainment areas. I don’t believe that a hot mix asphalt plant is a categorical source. Thus, the 250 tpy NSR threshold should apply for attainment areas. For that type of facility.

Could someone please clarify the above issue. Thank you. Phil Fargotstein,.

Phillip F. Fargotstein | Fennemore Craig, P.C.

2394 East Camelbac k Road, Suite 600 | Phoenix, AZ 85016

- 3429 Tel: 602.916.5453 | Fax: 602.916.5653 | Mobile: 602.309.1753 Email: Pfargots@fclaw.com View Bio | Download V

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www.FennemoreCraig.com

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