p.1 

OAR Box 1781 

Prepped by Ollie Stewart 

Document Number: 

102)IV-C-16 

Docket Number: 

A-90-37 

Printed 10/29/2008 10:46:22 AM Sheet 102 of 142 
P.2 

*• 1 

i UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

RESEARCH TRIANGLE PARK, NC 27711 

JUL 2 6 1999 

A-fa-37 

32>£--lfe 

OFFICE OF 

AIR QUALITY PLANNING 

AND STANDARDS 

FL!) Z 5 2000 

EPA AIR DOCKET 

; 

t 

Mr. Ronald W. Gore 

Chief, Air Division 

Alabama Department of Environmental Management 

Post Office Box 301463 

Montgomery, Alabama 36130-1463 

Dear Mr. Gore: 

This is in response to your letter to Mr. Bob Perciasepe of June 23,1999, in which you 

elaborated on your office's recommendations for how to proceed with final development of the 

New Source Review (NSR) Reform project. I appreciate your office's devotion of time, as well 

as that of the many industry groups and other stakeholders, toward offering solutions to our 

remaining issues on this important environmental rulemaking. 

Currently, we are carefully reviewing all proposals submitted to us, and are still extremely 

committed to an appropriate exchange of ideas and to reaching workable solutions on the 

remaining NSR Reform issues. At the same time, we recognize a need to balance the time 

demands of reopening the dialogue with the need to stay on track and reach closure within the 

coming months. You may be pleased to learn that we are scheduling meetings with 

representatives from the major stakeholder groups, including the State and Territorial Air 

Pollution Program Administrators (STAPPA) and Association of Local Air Pollution Control 

Officials (ALAPCO), to allow for an additional opportunity for dialogue. The results of these 

discussions will help inform our senior management as final decisions are made on this 

rulemaking. These meetings are projected to occur in late-August and September. 

Thank you again for your continued interest in the NSR Reform rulemaking. We are 

making every possible effort to understand and consider all stakeholder perspectives prior to 

issuing final regulations. 

Sincerely, 

eitz 

<*VH^JW\,5LA^ 

Office ofy^ir Quality Planning 

and Standards 

R»cyclad/R»cycliblt • Printed with Vegetable OD Based Inks on 100% Recycled Paper (40% Poslconsumer) 
P.3 

f ' \ 

Controlled Correspondence For 

OFFICE OF AIR QUALITY, PLANNING AND STANDARDS - RTP 

CONTROL NO : OAR-9900861 ORIG. DUE DATE: 

STATUS: UNCONTROLLED CORRES. DATE: 

RECEIVED DATE: 

ASSIGNED DATE: 

CLOSED DATE: 

06/23/99 

06/30/99 

07/12/99 

FROM: 

ORG: 

SALUTATION: 

CONSTITUENT 

uje 

TO: 

TO ORG: 

SUBJECT 

BOB PERCIASEPE 

OAR 

RONALD W. GORE 

ALABAMA DEPT OF ENVIRONMENTAL MGMT , \ ... nMWJlM^JLMKM 

REQUEST THAT EPA ALLOT TIME TO CONSIDER CAREFULLY THE M -. ' 

PROPOSALSBEING ADVOCATED FOR REFORMING NEW SOURCE REVIEW U/VWWA. *J^ 

SIGNATURE: > # SL ^ uW^O^ 

OAQPS COMMENTS: r*)5^-%_\^ ^^^ - ^rttft^ " 

REG. 

ASSIGNED: Information Transfer and Program Integration Division 

COPIES OF INCOMING PROVIDED TO: 

OAR INSTRUCTIONS: 

OAQPS INSTRUCTIONS: 

VO'- UR ^urjfoS. a. iW r 

Lead 

Assigned 

ITPID 

Date Assigned 

07/12/99 

Code/Status 

FOR YOUR 

INFORMATION 

Date Completed by 

Assignee 

-

Date Returned to 

OAQPS: 

• 

(Untitled) z 
Controlled Correspondence For 

OFFICE OF AIR AND RADIATION 

P.4 

CONTROL NO 

STATUS: 

OAR-9900861 

UNCONTROLLED 

ORIG. DUE DATE: 

CORRES. DATE: 06/23/99 

RECEIVED DATE: 06/30/99 

ASSIGNED DATE: 06/30/99 

CLOSED DATE: 

FROM: 

ORG: 

SALUTATION: 

CONSTITUENT: 

RONALD W. GORE 

ALABAMA DEPT OF ENVIRONMENTAL MGMT 

TO: 

TO ORG: 

SUBJECT: 

ASSIGNED: 

BOB PERCIASEPE 

OAR 

REQUEST THAT EPA ALLOT TIME TO CONSIDER CAREFULLY THE 

PROPOSALSBEING ADVOCATED FOR REFORMING NEW SOURCE REVIEW 

REG. 

Office of Air Quality Planning & Standards - RTP //-rf' 

COPIES OF INCOMING PROVIDED TO: 

SIGNATURE: 

OAR COMMENTS: 

ADDED ON: 06/30/99 FROM RUBY CONLEY/DC/USEPA/US -CC SENT TO 

PERCIASEPE..BRENNER 06/30/99 

OAR INSTRUCTIONS: 

|Lead 

Assigned 

OAQPS 

Date Assigned 

06/30/99 

Code/Status 

NECESSARY ACTION 

Date Completed by 

Assignee 

-

Date Returned to 

OAR: 

• / 

(Untitled) z 
P.5 

Oftlfftr i\f^ -&A£^ 

ADEM cc. 

ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

JAMES W.WARR 

DIRECTOR June 23,1999 

POST OFFICE Box 30-1463 • 1400 COLISEUM BLVO. 36110-2059 

MONTGOMERY, ALABAMA 36130-1463 

WWW.ADEM.STATE.AL.US 

(334) 271-7700 

Mr. Bob Perciasepe 

U. S. Environmental Protection Agency 

401 M Street SW 

Mail Code 6101 

Washington, DC 20460 

DON SIEGELMAN 

GOVERNOR 

Facsimiles: (334) 

Administration: 271-7950 

Air: 279-3044 

Land: 279-3050 

Water: 279-3051 

Groundwater 270-5631 

Field Operations: 272-8131 

Laboratory. 277-6718 

Education/Outreach: 213-4399 

Dear Mr. Perciasepe: 

I am writing again to request that EPA allot time to consider carefully the 

proposals being advocated for reforming New Source Review regulations. 

Please find attached an exchange of letters between John Seitz and ADEM 

on this subject. I appreciate John's timely and gracious response. 

'As you are aware, several industry groups have formulated principles for 

NSR reform and STAPP.A/ALAPCO has provided EPA a critique of each of 

those proposals. In our opinion, revised NSR regulations should 

incorporate features from many, if not all, of the proposals. For example: 

• Alabama supports a Best Available Control Technology 

determination for all new or modified major emission sources, 

irrespective of netting. 

• While we don't see a clear path to this goal, Alabama has no 

philosophical problem with linking NSR reform to degrandfathering of 

large sources. 

• We support reform which would eliminate a substantial part of the 

time and procedure which is currently expended in preparing and 

reviewing a major source permit application. 

• While the concept of Plantwide Applicability Limits appears logical, 

Alabama has concerns about enforceability and about how it 

contradicts the practice of determining BACT on a unit-by-unit basis. 

ADEM will expend the necessary resources to aid EPA in drafting NSR 

changes, through attending further national meetings and by providing 

detailed comments on proposals. 

4-

Birmingham 

110 Vulcan Road 

Birmingham. Alabama 35209-4702 

(205) 942-6168 

(205) 941-1603 (Fax) 

Decatur 

2708 6th Avenue. SE, Suite B 

Decatur. Alabama 35603-1508 

(256)353-1713 

(256) 340-9359 [Fax] 

Mobile 

2204 Perimeter Road 

Mobile. Alabama 36615-1131 

(334)450-3400 

(334) 479-2593 (Fax) 

Mobile - Coastal 

4171 Commanders Drive 

Mobile. Alabama 36615-1421 

(334)432-6533 

(334) 432-6598 (Fax) Printed on Recyded Paper 
P.6 

Mr. Bob Perciasepe Page 2 June 23,1999 

Please let me know if clarification is needed or if questions arise. 

Sincerely, 

Ronald W. Gore, Chief 

Air Division 

RWG:pkb 

cc: Mr. Winston Smith, U.S. EPA Region IV 

Mr. John Seitz 

b 
P.7 

ADEM 

ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

POST OFFICE Box 301463 • 1400 COLISEUM BLVD. 36110-2059 

MONTGOMERY, ALABAMA 36130-1463 

JAMES W. WARDIRECTOR 

t WWW.ADEM.STATE.AL.UJ 

(334)271-7700 

May 24,1999 

Mr. John Seitz 

Director 

Office of Air Quality Planning & Standards 

US EPA Mailroom 

Research Triangle Park, NC 27711/MD10 

DON SIEGELMAN 

GOVERNOR 

Facsimiles: (334) 

Administration: 271-7950 

Air: 279-3044 

Land: 279-3050 

Water: 279-3051 

Groundwater: 270-5631 

Field Operations: 272-8131 

Laboratory: 277-6718 

Education/Outreach: 213-4399 

Dear Mr. Seitz: 

ADEM has been monitoring the activities transpiring in the area of New 

Source Review reform. In fact, because of our interest, we sent a 

representative to the February meeting in Washington, DC. 

We are aware of the efforts by some groups to draft far-reaching changes to 

the NSR rules, but we have also heard that EPA is finding it difficult to 

achieve consensus among various industry groups, states, and the 

environmental community. We sympathize with the frustration EPA may feel 

at this point, but we hope that patience will not be lost to the point that the 

draft rules from several years ago will be resurrected. We urge you to let 

those attributes of certain proposals (degrandfathering, simplification, 

PALS's) be debated further before EPA proceeds with formal rulemaking. 

Thank you for your consideration. 

Ronald W. Gore, Chief 

Air Division 

RWG:pkb 

cc: Winston Smith 

io 

Birmingham 

110 Vulcan Road 

Birmingham. Alabama 35209-4702 

(205) 942-6168 

(205) 941-1603 [Fax| 

Decatur 

2706 6th Avenue. SE. Suite B 

Decatur. Alabama 35603-1508 

(256)353-1713 

(256)340-9359 (Fax) 

Mobile 

2204 Perimeter Road 

Mobile. Alabama 36615-1131 

(334)450-3400 

(334) 479-2593 (Fax| 

Mobile - Coastal 

4171 Commanders Orive 

Mobile. Alabama 36615-1421 

(334) 432-6533 

(334) 432-6598 |Fax| 

@ 

Pnnted on Recyded Paper 
P.8 

^

t 0

 ^ V 

* w 

V TM^ 

o 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

RESEARCH TRIANGLE PARK, NC 27711 

JUN | 5 I999 

Ronald W. Gore, Chief 

Air Division 

Alabama Department of Environmental Management 

Post Office Box 301463 

Montgomery, Alabama 36130-1463 

Dear Mr. Gore: 

OFFICE OF 

AIR QUALITY PLANNING 

AND STANDARDS 

This is in response to your letter of May 24,1999, which expressed your thoughts on the 

New Source Review (NSR) Reform project. As you know, the U.S. Environmental Protection 

Agency (EPA) has exerted a substantial effort, since the July 23,1996 proposal, to ensure that 

the revised NSR regulations retain appropriate environmental protection while reducing 

regulatory burden and costs through streamlining the requirements. 

Thank you for recognizing my staffs difficult position of having to process the myriad of 

opinions from stakeholders in developing the NSR Reform rule. There are many NSR issues that 

have a significant and broad impact on the rule, and many other smaller, yet important and 

contentious issues that have the attention ofa much smaller audience but still require time to 

analyze. We have made, and will continue to make, every effort to understand the concerns of all 

affected parties prior to reaching a final decision. 

I appreciate the time you and the Alabama Department of Environmental Management 

have invested in participating in the NSR Reform rulemaking. Our understanding of the views of 

the State agencies is vital to the success of the final rule, and how well it is implemented. 

Sincerely, 

AM^A^, 

Seitz 

Director 

Office ofXir Quality Planning 

and Standards 

7 

Recycled/Recyclable . Printed with Vegetable Oil Based Inks on 100% Recycled Paper (40% Postconsumer) 
OAQPS CORRESPONDENCE TRACKING SHEET 

P.9 

CONTROL NO : AQPS-99-0487 

SUBJECT NEW SOURCE REVEIW 

RONALD W. GORE, CHIEF 

ADEM 

Date Due to AQPS 

Date Due 

AQPS Received 

AX/AL Assigned 

AX/AL Due 

: 07/26/99 

: 07/26/99 

: 07/12/99 

: 07/12/99 

: 07/26/99 

FROM 

FROM ORG.' 

TO . : 

ACTION ASSIGNED TO : ITPID 

CC'S : 

RESPONSE REQUIRED : Y 

PREPARE RESPONSE FOR THE SIGNATURE OF : Seitz 

SPECIAL INSTRUCTIONS : 

-rWat_U-P I D--)| l>-m 
P.10 

ADEM 

tl/OWbCM 

JAMES W.WAR R 

DmecroR 

ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

June 23,1999 

POST OFFICE Box 301463 • 1400 COUSEUM BLVO. 36110-2059 

MONTGOMERY, ALABAMA 36130-U63 

WWW.ADEM.STATE.AL.US 

(334) 271-7700 

1 JM* 4 

Mr. Bob Perciasepe 

U. S. Environmental Protection Agency 

401 M Street SW 

Mail Code 610.1 

Washington, DC 20460 

Dear Mr. Perciasepe: 

I am writing again to request that EPA allot time to consider carefully the 

proposals being advocated for reforming New Source Review regulations. 

Please find attached an exchange of letters between John Seitz and ADEM 

on this subject. I appreciate John's timely and gracious response. 

As you are aware, several industry groups have formulajted principles for 

NSR reform and STAPPA/ALAPCO has provided EPA a critique of each of 

those proposals. In our opinion, revised NSR regulations should 

incorporate features from many, if not all, of the proposals. For example: 

• Alabama supports a Best Available Control Technology 

determination for all new or modified major emission sources, 

irrespective of netting. 

• While we don't see a clear path to this goal, Alabama has no 

philosophical problem with linking NSR reform to degrandfathering of 

large sources. 

• We support reform which would eliminate a substantial part of the 

time and procedure which is currently expended in preparing and 

reviewing a major source permit application. 

DON SIEGELMAN 

GOVERNOR 

Facsimiles: (334) 

Administration: 271-7950 

Air: 279-3044 

Land: 279-30S0 

Water: 279-3051 

Groundwater: 270-5631 

field Operations: 272-6131 

laboratory. 277-0718 

Educatlon/Outraadi: 213-4399 

While the concept of Plantwide Applicability Limits appears logicS 

Alabama has concerns about enforceability and about how 

^contradicts the practice of determining BACT on a unit-by-unit basis 

ADEM will expend the necessary resources to aid EPA in drafting NSR 

changes, through attending further national meetings and by providing 

detailed comments on proposals. 

1 

Birmingham 

110 Vulcan Road 

Birmingham, Alabama 35209-4702 

(205) 942-6168 

(205) 941-1603 (Fax) 

Oeeattr 

2706 6th Avenue. SE. Suite 6 

Decatur. Alabama 35603-1508. 

(256)353-1713 

(256) 340-9359 [Fax| 

Mobile 

2204 Perimeter Road 

Mobile. Alabama 36615-1131 

(334)450-3400 

(334) 479-2593 [Fax) 

Mobile - Coastal 

4171 Commanders Drive 

Mobile. Alabama 36615-1421 

(334)432-6533 

(334) 432-6598 (Fax) Printed on Recyded Paper 
# 

• Vi 

• ' 

.„ .. ,. ,r, ..«^. 'i|--«<p<n 

" ' • • 

Mr. Bob Perciasepe 

'•"- l """i 

Page 2 

* 

June 23,1999 

p.11 

. 

Please let me know if clarification is needed or if questions arise. 

Sincerely, 

Ronald W. Gore, Chief 

Air Division 

RWG:pkb 

cc: Mr. Winston Smith, U.S. EPA Region IV 

Mr. JohnSeitz 

IO 
5KDEIVL 

P.12 

ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

JAMES W.WARR 

DMKTO* 

May 24,1999 

POST OFFICE Box 301463 • 1400 COUS6UM BLVO. 36110-2059 

MONTGOMERY, ALABAMA 36130-1463 

WWW.ADEM.STATE.AL.US 

(334)271-7700 

Mr. John Seitz 

Director 

Office of Air Quality Planning & Standards 

US EPA Mailroom 

Research Triangle Park, NC 27711/MD10 

Dear Mr. Seitz: 

DON SIEGELMAN 

GOVBftNOft 

Facsimiles: (334) 

Administration: 271-7950 

Air. 279-3044 

Und: 279-3050 

Water 279-3051 

Groundwater 270-S831 

Field Operations: 272-8131 

Laboratory: 277-6718 

EducattonrOulrttCh: 213-4399 

ADEM has been monitoring the activities transpiring in the area of New 

Source Review reform. In fact, because of our interest, we sent a 

representative to the February meeting in Washington, DC. 

We are aware of the efforts by sqme groups to draft far-reaching changes to 

the NSR rules, but we have also heard that EPA is finding it difficult to 

achieve consensus among various industry groups1, states, and the 

environmental community. We sympathize with the frustration EPA may feel 

at this point, but we hope that patience will not be losUo the point that the 

draft rules from several years ago will be resurrected.* We urge you to let 

those attributes of certain proposals (degrandfathering, simplification, 

PALS's) be debated further before EPA proceeds with formal rulemaking. 

Thank you for your consideration. 

Sincerely, 

Ronald W. Gore, Chief 

Air Division 

RWG:pkb 

cc: Winston Smith 

n 

Birmingham 

110 Vulcan Road 

Birmingham. Alabama 35209-4702. 

(205)942-6188 

(205) 9*1-1603 [Fax, 

Oecatur 

2708 Slh Avenue. SE. Suite B 

Oecatur. Alabarra 35603-1508 

(256)353-1713 

(256) 340-9359 (Fax| 

Mobile 

2204 Perimeter Road 

Mobile. Alabama 36615-1131 

(334) 450-3400 

(334) 479-2593 [Fax| 

Mobile - Coastal 

4171 Commanders Ome 

Mobile. Alabarra 36615-1421 

(334)432-6533 

(334) 432-6598 [Fax| Pnnied on Recycled 
P.13 

$ £% \ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

| ^f?2. I RESEARCH TRIANGLE PARK. NC 27711 

*

4pR0,t&

 JUN | 5 I999 

* 

OFFICE OF 

An QUALITY PUNNING 

Ronald W. Gore, Chief AND STANDARDS 

Air Division 

Alabama Department of Environmental Management 

Post Office Box 301463 

Montgomery, Alabama 36130-1463 

Dear Mr. Gore: 

This is in response to your letter of May 24,1999, which expressed your thoughts on the 

New Source Review (NSR) Reform project As you know, the U.S. Environmental Protection 

Agency (EPA) has exerted a substantial effort, since the July 23,1996 proposal, to ensure that 

the revised NSR regulations retain appropriate environmental protection while reducing 

regulatory burden and costs through streamlining the requirements. 

> 

Thank you for recognizing my staffs difficult position of having to process the myriad of 

opinions from stakeholders in developing the NSR Reform rule. There are many NSR issues that 

have a significant and broad impact on the rule, and many other smaller, yet important and 

contentious issues that have the attention of a much smaller audience but still require time to 

analyze. We have made, and will continpe to make, every effort to understand the concerns of all 

affected parties prior to reaching a final decision. 

I appreciate the time you and the Alabama Department of Environmental Management 

have invested in participating in the NSR Reform rulemaking. Our understanding of the views of 

the State agencies is vital to the success of the final rule, and how well it is implemented. 

Sincerely, 

/Uv****-

r

 Director 

Office op\ir Quality Planning 

and Standards 

\1 

Recycled/Recyclable • Printed wilh Vegetable Ol Based Inks on 100% Recycled Paper (40% Posteonsomer)