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 Bird 
fred 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 Emissions Rule Meeting 

Pun~ose: Explore how to advance an improved excess emissions rule for Utah. The meeting 

will provide an opportunity to explain the basis and background for EPA's excess emissions 

policy and for the regulated community to ask questions and explain any concerns they may 

have. We hope to get an u~derstandingof the key issues for each group that will assist in 

crafting a new rule in the future. We will not be discussing specific language or proposals 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 policy on excess emissions in a joint memo from OECA 

and OAR in 1999. Region VIII has requested that Utah revise its Unavoidable Breakdown Rule 

to be consistent with the new EPA policy. UDAQ has been working on the update for several 

years and very intensely during 2004. A rule was proposed for comment by the Utah Air Quality 

Board. The proposal drew strong comments from all sides and will not be brought forward in its 

current form. 

Invitees: 

State of Utah HQEPA 

Rick Sprott· Ron Rutherford - OECA 

Cheryl Heying OAQPS 

Regg Olsen OGC 

8ry~e Bird 

Fred Nelson Regulated Community 

Chris Stephens Dennis Arfmann 

Reed Searle 

EPA Region 8 Steve Christiansen 

Dick Long Mike Tomko 

Regional Counsel Rep(s) Mike Jenkins 

Air Program Staff Member Jim Holtkamp 

Lee Peacock