-----Forwarded by Dave Bray/R10/USEPA/US on 11/22/2010 01:00PM ----- 

To: Dave Bray/R10/USEPA/US@EPA, "Edwards, Alice L S (DEC)" <alice.edwards@alaska.gov> 

From: "Kuterbach, John F (DEC)" <john.kuterbach@alaska.gov> 

Date: 11/16/2010 10:16AM 

Cc: "Smith, Rebecca T (DEC)" <rebecca.smith@alaska.gov>, "Wolter, Lindsay A (LAW)" 

<lindsay.wolter@alaska.gov> 

Subject: RE: Request to Parallel Process ADEC's PSD rule revisions for Greenhouse Tailoring Rule

Dave, I'm acting for Alice this week. 

I can confirm our adopting the definition of "subject to regulation" is 

to clarify the meaning of the state definition of regulated NSR 

pollutant. Because the our regulation provides no date associated with 

definition of regulated NSR pollutant, our definition is intended to 

match the current version of that term in the federal regulations. 

I can also confirm we are requesting that EPA parallel process the 

re-adopted version of these revisions with the PSD incorporation by 

reference date of August 2, 2010. The re-adoption was signed by our 

Commissioner on November 2, filed by our Lt. Governor on November 9 and 

will become effective on December 9, 2010. We are preparing a 

transmittal which will include the requisite hard copies and should be 

sending that to your office shortly. 

Let me know if you need anything else 

John Kuterbach 

For Alice Edwards 

-----Original Message----- 

From: Bray.Dave@epamail.epa.gov [mailto:Bray.Dave@epamail.epa.gov] 

Sent: Monday, November 15, 2010 2:03 PM 

To: Edwards, Alice L S (DEC); Kuterbach, John F (DEC) 

Cc: Smith, Rebecca T (DEC) 

Subject: Request to Parallel Process ADEC's PSD rule revisions for 

Greenhouse Tailoring Rule 

Alice Edwards, Acting Director 

Division of Air Quality 

Alaska Department of Environmental Conservation 

Dear Alice: 

In an October 25, 2010 letter from Commissioner Larry Hartig to Regional 

Administrator Dennis McLerran, ADEC requested that EPA conduct parallel 

processing of the State regulations addressing the Greenhouse Gas 

Tailoring Rule, and specifically submitted two revised regulatory 

provisions -- 18 AAC 50.040(h) and 18 AAC 50.306(b) -- for parallel 

processing. These two provisions incorporate certain of EPA's PSD 

rules by reference and clarify that incorporation for purposes of the 

State PSD program. 

EPA has reviewed the changes made to these two provisions, in 

conjunction with the ADEC's current SIP-approved PSD regulations, and 

has determined that the only change necessary to address the Greenhouse 
Gas Tailoring Rule requirements for PSD permitting is the incorporation 

by reference of the new definition of "subject to regulation" at 40 CFR 

52.21(49). ADEC does not incorporate the EPA definition of "regulated 

NSR pollutant" at 40 CFR 52.21(b)(50), but rather relies on the State 

definition of "regulated NSR pollutant" at 18 AAC 50.990(92), which in 

turn refers to the EPA definition of "regulated NSR pollutant" at 40 CFR 

51.166(b)(49). 

While the Tailoring Rule added new definitions of the phrase "subject to 

regulation" at 40 CFR 52.21(b)(49) and 51.166(b)(48), it only made 

editorial changes to the EPA definitions of "regulated NSR pollutant" at 

40 CFR 52.21(b)(50) and 40 CFR 51.166(b)(49). 

In order to proceed with parallel processing of the State regulations, 

please respond to this email and confirm that, by adopting the new 

definition of "subject to regulation," ADEC has clarified the meaning of 

that phrase in the State definition of "regulated NSR pollutant." 

Also, please clarify that ADEC is requesting that EPA parallel process 

the re-adopted version of these revisions with the PSD incorporation by 

reference date of August 2, 2010 and provide us with the date of the 

re-adoption. 

We will act on all of the remaining changes to the State's PSD 

regulations in a separate action when they are adopted in final form and 

submitted to EPA as revisions to the Alaska SIP. 

Thanks very much for your prompt response. We look forward to moving 

expeditiously on our proposed parallel processing of this revision to 

the State's PSD regulations. 

David C. Bray 

Special Assistant to the Director 

Office of Air, Waste, and Toxics, R10 

(206) 553-4253