Richard Sprott To Richard long/P2/R8/USEPAlUS@EPA, Laurie <RSPROTT@utah.gov> Ostrand/P2/R8/USEPAlUS@EPA, Steve Page/RTP/USEPAlUS@EPA, Jonah 01/18/200512:40 PM ee Bill HarnettfRTP/USEPAlUS@EPA, Lydia Wegman/RTP/USEPAlUS@EPA bec Subject Meeting tomorrow, 10 AM

We are still on for tomorrow, 10 AM, in the DAQ Main Conference Room at '150 N 1950 W. We will have a laptop and projector set up if anyone needs to do power point. If you do have a presentation, it would help to email it to
me or the entire addressee group so 

### everyone not physically present can read along. The list of anticipated attendees is below. I need to confirm the attendee list to ensure we 

### have enough food for our working lunch. Please reply as soon as possible if others may attend. J also need to confirm that we need a conference call set up. As of now, tho only known phone participant is Dennis Arfmann, but we may also need one for OAQf'S. An updated info sheet on the meeting is attached. It provides a brief purpose statement as Dick and I have discussed earlier. Some more specific areas/questions that have come up from this end that might help focus the discussion tomorrow are:
1. How does the 1999 Excess Emissions policy differ from the Periodic Monltoring policy that was required to be a rulemaking ,by Appalachian Pwr vs.**E~A** in about 2001 or 02? If EPA is requiring states to incorporate the policy

as SIP rules, why hasn't EPA done a rulemaking to require such action?

2.**W~lat** is the exact legal argument/connection as to why ALL excess**emiss~ons** must be violations or why no "automatic exemption (see page 2, Section I of 1999 policy)?
3. If an area is monitoring attainment, how do excess emissions contribute to
a violation?

4. Why can EPA provide "automatic exemptions" in NSPSs (e.g. Part 60 Da for Utility Boilers) i but SIPs cannot?

5. In Region B's letter, they discuss "refraining from pursuing an enforcement action." If all excess emissions are a violation and enforcement discretion or 

### affirmative defense are only applicable to the penalty phase, what does one do .l.n "refraining from pursulng an enforcement action"? Is an NOV written, but not acted on? What has EPA done with Deseret G & T during their SSM events since the 1999 policy?

We likely can't finish all these and other itmes that may come up, but the goal is to get eveyone's issues and interests on the table. I'm sure we will have a spirited discussion, but we encourage all to come prepared to listen and learn so we might continue the process with the goal of an improved rule for Utah. Thanks, Rick
Atendees:



# .}o·'A·OS- 

# RII\f>
State of Utah Eick Sprott 

### 0-0 c2-(o

# 5 '- 

# be, Cheryl Heying Regg Olsen I::lryce Birdfred Nelson Chris Stephens

EPA Reglon 8 Dick Long Regional Counsel Rep Air Program Staff Member 

### HQ EPA Ron Rutherford 

### * OECA OAQPS 

### ? OGC ? Regulated Community Dennis Arfmann (by phone?) Reed Searle Steve Christiansen Mike Tomko Mike Jenkins Jim Holtkamp Lee Peacock

Excess Emi$$ions Meeting. 01-05.doc

### Excess EmissionsRuleMeeting**Pun~ose:** 

### Explorehowto advance an improved excess emissionsrule for Utah. The meeting will provide an opportunityto explainthe basis andbackgroundfor EPA'sexcessemissions policyand forthe regulatedcommunityto ask questions and explain anyconcernsthey may have. We hope to getan**u~derstanding** 

### ofthe key issues for eachgroupthat will assist in crafting a newrule inthefuture. Wewill not be discussing specific language orproposals at this meeting. '.

Date and Location: lOAM -3 PM, Wednesday, January 19; 150 N 1950 W, DAQ Main Conf. Room
Background: The USEPA updated its policyonexcess emissions in ajointmemofrom OECA and OAR in 1999. Region VIII has requested that Utah revise its Unavoidable Breakdown Rule to be consistentwith thenewEPApolicy. UDAQ has been working onthe updatefor several years and very intensely during2004. A rule wasproposed for commentby the UtahAirQuality Board. The proposal drew strongcomments from all sides and will not be brought forward in its currentform.

Invitees:

StateofUtah 

### HQEPA Rick Sprott· Ron Rutherford

- OECA Cheryl Heying OAQPS Regg Olsen OGC**8ry~e** 

### Bird Fred Nelson 

### Regulated Community Chris Stephens DennisArfmann Reed Searle 

### EPA Region 8 Steve Christiansen Dick Long Mike Tomko Regional Counsel Rep(s) MikeJenkins Air Program StaffMember Jim Holtkamp Lee Peacock