Statement of Phil Lorang

Air Quality Policy Division

U.S. Environmental Protection Agency

Public Hearing on the Regional Haze: Revisions to Provisions Governing Alternatives to Source 

Specific Best Available Retrofit Technology (BART) Determinations, Limited SIP Disapprovals, 

and Federal Implementation Plans

January 17, 2012

United States Environmental Protection Agency

Research Triangle Park, NC

Good morning and thank you for attending this public hearing. The Environmental Protection Agency

(EPA) is holding this hearing to take comment on the proposed rule that revises the Regional Haze Rule to 

allow the trading program in the Cross-State Air Pollution Rule (Cross-State Rule) as an alternative 

program to Best Available Retrofit Technology (BART). Having just said the words “Cross-State Air 

Pollution Rule” I need to point out that in this rulemaking those words and “Transport Rule” are being 

used to mean the same thing.

My name is Phil Lorang and I am the Senior Policy Advisor in the Air Quality Policy Division of EPA’s 

Office of Air Quality Planning and Standards. I will be chairing today’s hearing. Joining me on the panel 

is Rhea Jones, Group Leader of the Geographic Strategies Group of the Air Quality Policy Division. 

We are here today to listen to your comments on EPA’s proposed rule that would approve the trading 

programs in the Cross-State Rule as an alternative to BART for electric generating units that are subject to 

the requirements of the Cross-State Rule. This notice also proposes a limited disapproval of regional haze 

State Implementation Plans for several states that, in accordance with EPA policy, relied on the Clean Air 

Interstate Rule or CAIR as an alternative to BART for electric generating units included in the CAIR 

trading program. Since CAIR has now been ruled illegal by the DC Circuit Court and remanded to EPA, 

those state implementation plans cannot be approved. As a remedy to these limited disapprovals, we also 

proposed Federal Implementation Plans for each state that relied on CAIR. The proposed Federal 

Implementation Plans, when finalized, will immediately substitute the Cross-State trading programs for 

CAIR in these states’ implementation plans. These states would not have to take further action on their 

regional haze plans until 2018 (unless the states choose to revise their SIPs accordingly and resubmit them 

to replace the FIP). We encourage states at any time to make these revisions.
Today we will be accepting oral comments on all aspects of our proposal. We will prepare a written 

transcript of the hearing which will be included in the official record for this rule. We will consider all of 

your comments as we move forward to complete a final rule. We are accepting written comments for the 

proposed rule until at least February 16, 2012 and are considering a joint request by several parties to 

extend this deadline. There is a handout available in the registration area with detailed information for 

submitting written comments by mail, fax, or electronically.

As you may be aware, since the proposed rule was signed and published in the Federal Register the Circuit 

Court has stayed the Cross-State Air Pollution Rule and instructed EPA to continue to administer the 

Clear Air Interstate Rule during the stay. I have no comment from EPA to share with you regarding this 

development today, but you are welcome to comment on it in your remarks today and in your written 

comments. 

Now, let me describe the procedures for today’s hearing. 

I will call the scheduled speakers the microphone individually. When it is your turn to speak, please state 

and spell your name and your affiliation before you begin your testimony. 

After you finish your testimony, members of the panel may ask clarifying questions. If, in addition to the 

transcript of your testimony, you would also like us to put the full text of your written comments into the 

docket, please be sure to give a copy of any written comments to our staff at the registration table. 

Today’s hearing is scheduled from 10 a.m. and will continue until 3 p.m., or until the last registered 

speaker has provided testimony. If we have not heard from the last speaker by 12:30 p.m., the hearing will 

go on recess during the scheduled lunch break from 12:30 p.m. to 1 p.m. and reconvene promptly at 1 p.m.

The Café here is open to the public as is the lobby and library one floor above this one, but please do not 

go into any office areas. We intend to stay until everyone has an opportunity to comment. If you would 

like to testify but have not yet registered to do so, please sign up at the registration table.

Thank you all again for participating today. Let’s get started.