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OAR Box 1802 

Prepped by Charmelle Mathews 

Document Number: 

37) IV-E-32 

Docket Number: 

A-90-37 

Printed 11/4/2008 11:57:59 AM Sheet 37 of 117 
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MEETING SUMMARY 

THIRD WEPCO LITIGANTS MEETING 

NEW SOURCE REVIEW REFORM 

December 8, 1998 

The meeting was held via a telephone conference. The meeting began at approximately 

10:00 am and closed at approximately 10:45 am. Attached is a list of attendees. 

Lydia Wegman opened the meeting by asking the litigants if there was any new 

development on their end from two weeks ago, i.e., if they had any new ideas regarding NSR for 

new units, presumptive BACT, grandfathering of units etc. She also asked what the next steps 

were in this process, and what process to use for further discussion. Chuck Knauss, representing 

the litigants, said that they had taken a hard look at the issues on hand and are interested in 

pursuing further discussions in the first quarter of 1999. He indicated that they will discuss 

matters amongst themselves over the next two weeks, and suggested that a face-to-face meeting 

be held in the second or third week of January, 1999. He welcomed any suggestions from EPA 

regarding the process to use for further discussions. 

Bill Lewis and Henry Nickel indicated that they supported the extension of the deadline * 

to allow for further discussions. When asked by Bruce Buckheit whether the extension was for 

discussions about grandfathering or for "outside the box" discussions, Mr. Nickel said it was for 

both. When asked by Mr. Buckheit whether people were willing to enter the notion of PSD into 

the discussion arena, Mr. Nickel said yes. Mr. Nickel also said that in the end they wanted a 

system that worked for both new and old units, and that they were focussing on the ends rather 

than the means. He agreed with the end of grandfathering, but was unsure of the method of 

doing this for the existing units. 

David Hawkins of NRDC was not available for this call. When asked by the litigants 

about Mr. Hawkins, Ms. Wegman indicated that Mr. Hawkins was in a positive frame of mind 

and that he should be willing to discuss more. She also said that they (EPA/OAQPS) have to 

take the concept to EPA management and determine what process to follow before discussing 

specifics. She solicited comments from the industry on the process to use for discussions. She 

expressed a concern that EPA did not want to waste any time, and that EPA will hold the reform 

package only if there will be more discussions. Therefore, she recommended that there be at 

least one face-to-face meeting in January and one in February to form a consensus. Mr. Buckheit 

expressed management's concern that EPA does not want to stray from the process, and stressed 

the importance of having something "concrete" by Fall of 1999. The litigants agreed and 

indicated they were committed to it, were willing to devote a lot of resources, and suggested 

1-, 2- or 3-day meetings with breakout sessions. 

The industry participants indicated that it is important to draft some legal regulatory 

language rather than only depend on verbal agreements. Anna Wood indicated that the issue of 

process and time is important. 
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Ms. Wegman moved to expand the group of participants to include the FLM's, the plant 

managers who deal with the NSR regularly, and other industry representatives who are not a part 

of the WEPCO litigants group. Tammy Wyles said that while it was important to include all 

stakeholders, the number of representatives should be limited to keep it simple. Alexandra Dunn 

supported involving a plant person in these discussions. Ms. Wegman asked whether the • 

Conference of Mayors should be involved. 

Ms. Wegman suggested that the industry should nominate a representative from each 

industry and should try to get other industries involved. She suggested one representative and 

one lawyer for each industry sector. She also suggested that, for the meeting to be more 

productive, the industry may wish to talk to FLM and State permitting agencies separately prior 

to meeting with EPA. When the industry participants supported the idea, Ms. Wegman 

suggested that they talk to Christine Shaver and Mr. Hawkins. 

The dates of January 20 and 21 were tentatively decided for a 1Y.- to 2-day face-to-face 

meeting. When asked by David Solomon about the Federal Advisory Committe Act (FACA) 

requirements, Ms. Wegman suggested using the auspices of the Air Toxics Advisory 

Sub-Committee of the Clean Air Act Advisory Committee. The industry representatives 

requested a list of the committee members. Ms. Wegman agreed to fax the list to the WEPCO 

litigants. 

Ms. Wegman asked who the meeting participants would be, and asked the industry 

representatives to let EPA know if they would like any particular FLM's or States to be present 

at the meeting. The industry participants agreed to prepare a list and fax it to Ms. Wegman. 

Mr. Buckheit agreed to help with preparing the meeting agenda. When asked by Ms. Wegman, 

the industry representatives did not indicate any problem with holding the meeting in either 

Washington, DC or Research Triangle Park, North Carolina. Ms. Wegman said that she will 

inform the industry participants when the venue is finalized and if there is any change in the 

meeting dates. 

Ms. Wyles asked what the purpose of the January meeting would be, and suggested that a 

conference call should be held earlier to discuss logistics, participants, process etc. Ms. Wegman 

suggested that the January meeting should be a workgroup session and agreed that a conference 

call be held in the first week of January. The date of January 7,1999 was decided for a 2-hour 

conference call from 10 am to 12 noon at the same telephone number as this conference call. 

The meeting was then adjourned. 

d 
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ATTENDEES 

THIRD WEPCO LITIGANTS MEETING 

NEW SOURCE REVIEW REFORM 

December 8, 1998 

Name 

Chuck Knauss 

Michael Barr 

Henry Nickel 

Bill Lewis 

Leslie Ritts 

John Reese 

Betty Cox 

Bill Pedersen 

Tammy Wyles 

Alexandra Dunn 

Lydia Wegman 

Karen Blanchard 

Dennis Crumpler 

David Solomon 

Mike Sewell 

Dan DeRoeck 

Greg Foote 

Lea Anderson 

Jon Devine 

Bruce Buckheit 

Anna Wood 

Malay Jindal 

Valerie Everette 

Affiliation 

Swidler & Berlin 

Pillsbury, Madison & Sutro 

Hunton & Williams 

Morgan, Lewis & Bockius 

Hogan & Hartson 

API 

API 

Shaw, Pittman, Potts & 

Trowbridge 

Georgia Pacific/AF&PA 

CMA 

EPA/OAQPS 

EPA/OAQPS 

EPA/OAQPS 

EPA/OAQPS 

EPA/OAQPS 

EPA/OAQPS 

EPA/OGC 

EPA/OGC 

EPA/OGC 

EPA/OECA/AED 

EPA/OAR/OPAR 

PES (EPA Contractor) 

PES (EPA Contractor) 

Telephone No. 

(202) 424-7644 

(415)983-1151 

(202)955-1561 

(202) 467-7145 

(202) 637-6573 

(202) 682-8273 

(202) 682-8250 

(202)663-8852 

(404) 652-7281 

(703)741-5165 

(919)541-5505 

(919)541-5503 

(919)541-0871 

(919)541-5375 

(919)541-0873 

(919)541-5593 

(202) 260-7620 

(202) 260-8347 

(202) 260-6984 

(202) 564-2260 

(202) 260-8772 

(919)941-0333 

(919) 941-0333 

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