p.1 

OAR Box 1787 

Prepped by Ollie Stewart 

Document Number: 

44) 11-C-2 

Docket Number: 

A-90-37 

Printed 11/4/2008 10:22:19 AM Sheet 44 of 147 
P,2_ 

IT-C-i 

a^^a^ 

USS J 

\ — # 

\ PRO^ 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

Office of Air Quality Planning and Standards 

Research Triangle Park, North Carolina 27711 

JUL 8 _ 1993 

• • \ r '• 

Ms. Christine Shaver 

Environmental Defense Fund , n ^ 

1405 Arapahoe Avenue

 wa

 . L - • _ ^ 

Boulder, CO 80302 

Dear Ms. Shaver: 

As you are aware, beginning in August 1992 the Environmental 

Protection Agency (EPA) has conducted several informal workshops 

to gather and review suggestions for possible improvements to the 

new source review (NSR) program under the Clean Air Act. The 

objective of this effort is to address certain concerns raised 

regarding the complexity of the program and the resultant project 

delays it causes, without sacrificing the level of environmental 

protection and benefits derived from the program. While informal 

workshops have provided valuable input, in order to enhance the 

reform effort, EPA has decided to establish a NSR Reform 

Subcommittee (Subcommittee) under the auspices of the Clean Air 

Act Advisory Committee (CAAAC). The CAAAC was originally 

established by EPA pursuant to the Federal Advisory Committee Act 

(5 U.S.C. App I) and announced in the Federal Register on 

November 8, 1990 (55 FR 46993). 

On behalf of EPA, I would like to extend this invitation to 

you to participate as a member of the Subcommittee. The 

Subcommittee's purpose is to provide independent advice and 

counsel to the EPA on policy and technical issues associated with 

reforming the NSR rules. The Subcommittee will be consulted on 

environmental, technical, scientific, economic, policy, and 

guidance issues. Specifically, the responsibilities of the 

Subcommittee include providing the Agency with advice on 

approaches for reforming the NSR rules in order to reduce the 

complexity and inflexibility of the regulatory system and remove 

impediments to a speedy permit review, while at the same time 

maintaining the environmental goals and benefits embodied in the 

current approach. The primary goal of the Subcommittee will be 

to provide to EPA recommendations which represent a consensus of 

the committee members' opinions. A copy of the Subcommittee 

charter is enclosed for your reference. 

As currently planned, the Subcommittee will be composed of 

two members of the CAAAC and 26 other members who have been 

selected by the Assistant Administrator of the Office of Air and 

Radiation to receive invitations to participate for a 2-year 

term. For your reference, a list of the Subcommittee nominees is 

enclosed. All members are appointed as representatives of 

non-Federal interests. Representatives of Federal agencies, 
P.3 

including EPA, are also expected to participate in Subcommittee 

meetings. 

Mr. Patrick Raher of Hogan and Hartson has been asked to 

serve as co-chair of the Subcommittee. Ms. Lydia Wegman, the 

Deputy Director of my office, will serve as the Subcommittee's 

EPA co-chair. Mr. David Solomon, Chief, NSR Section, has been 

appointed as the Designated Federal Official for the Subcommittee 

and will be responsible for coordinating Subcommittee activities, 

including meeting agendas and schedules. All Subcommittee 

meetings will be open to the public and will be announced in the 

Federal Register prior to each meeting. 

The first Subcommittee meeting will be held on July 21-22, 

1993 at the Omni Durham Hotel, 201 Foster Street, Durham, 

North Carolina. The primary purpose of this meeting will be to 

address NSR issues related to Class I areas and best available 

control technology (BACT). Enclosed for your review are a 

tentative meeting agenda and additional travel information. 

Our experience with previous meetings is that concrete, 

real-world examples which focus the discussion on specific issues 

are very helpful. Therefore, to facilitate discussion at the 

meeting, Subcommittee members are encouraged to submit such 

examples which typify concerns with permitting of sources in or 

near Class I areas and BACT determinations. Examples for this 

meeting should be submitted to Bill Lamason of the NSR Section by 

July 14. 1993 so that we can coordinate and distribute the 

examples to all Subcommittee members prior to the meeting. 

Members submitting examples for discussion should be prepared to 

provide a short presentation of the example to the Subcommittee. 

Questions concerning the preparation of examples and the meeting 

agenda can be directed to Bill at (919) 541-5374, or by fax at 

(919) 541-5509. 

I look forward to your participation in the NSR reform" 

process and a productive first meeting of the Subcommittee. Any 

questions concerning the Subcommittee or its activities can be 

directed to David Solomon at (919) 541-5375. 

Sincerely, 

Tuh/J^ 

J^Ki^ S. Seitz 

Director 

Office of Air Quality Planning 

and Standards 

Enclosures 
P.4 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

ADVISORY SUBCOMMITTEE CHARTER 

NEW SOURCE REVIEW SUBCOMMITTEE 

1. PURPOSE AND AUTHORITY. The New Source Review (NSR) 

Subcommittee is established in accordance with the charter^ 

of the Clean Air Act Advisory Committee and is subject to 

the requirements of the Federal Advisory Committee Act, 

5 U.S.C. App. II § 9(c). 

The purpose of the NSR Subcommittee is to provide 

independent advice and counsel to the Environmental Protection 

Agency on policy and technical issues associated with reforming 

the NSR rules. 

2. SCOPE OF ACTIVITY. The NSR Subcommittee is to provide 

independent advice and counsel to the Environmental Protection 

Agency on policy and technical issues associated with reforming 

the NSR rules. The NSR Subcommittee shall be consulted on 

environmental, technical, scientific, economic, policy, and 

guidance issues. 

The NSR Subcommittee shall hold meetings, analyze issues, 

make necessary recommendations, and undertake other activities 

necessary to meet its responsibilities. 

3. OBJECTIVES. The NSR Subcommittee shall advise on the 

development and implementation of reforms to the NSR rules. 

The responsibilities of the NSR Subcommittee include 

providing the Agency with advice on the following: 

• Approaches for reforming the NSR rules that reduce the current 

systems complexity, inflexibility and impediments to speedy 

review, while at the same time maintaining the environmental 

benefits embodied in the current approach (i.e., protecting"and 

improving air quality and advances in control technologies). 

• Potential health, environmental, and economic effects of 

reforms to the NSR rules and the potential impacts on the public, 

the regulated community, and State and local governments. 

4. COMPOSITION. The NSR Subcommittee shall be composed of 

approximately 28 members, including the chairperson, and shall be 

selected and appointed by the Assistant Administrator of the 

Office of Air and Radiation for 2-year terms. Members of the NSR 

Subcommittee shall be selected on the basis of their professional 

qualifications and diversity of perspectives that will enable 

them to provide advice and guidance to the Agency in reforming 

the NSR rules. 
P.5 

The NSR Subcommittee members shall be appointed in a 

balanced representation from the following sectors: business and 

industry, State and local governments, and nongovernmental and 

environmental groups. All members will be appointed as 

representatives of non-Federal interests. 

5. MEETINGS. Meetings will be held up to four times a year, as 

determined by the EPA co-chairperson. A full-time employee of 

the Agency, who will serve as the Designated Federal Officer, 

will be present at all meetings and is authorized to adjourn any 

meeting whenever it is determined to be in the public interest. 

Each meeting will be conducted in accordance with an agenda 

approved in advance of the meeting by the Designated Federal 

Officer. 

The estimated annual operating cost of the Subcommittee is 

$50,000, which includes 0.3 workyears of staff support. The 

Office of Air and Radiation will provide the necessary support 

for the Subcommittee. 

6. DURATION. The NSR Subcommittee shall be needed on a 

continuing basis and may be renewed beyond its initial 2-year 

period, as authorized in accordance with section 14 of the 

Federal Advisory Committee Act. 
P.6 

NSR Reform Subcommittee Meeting 

Omni Durham Hotel, Durham, NC 

July 21 - 22, 1993 

Tentative Agenda 

Dav 1 

7:30 am Registration Opens 

8:30 - 8:45 am Subcommittee Convening, Welcome, General Update on Overall NSR 

Reform and Goals of the Meeting 

8:45 am - Noon Presentation and Initial Discussion of Select Examples of Class I 

Issues Provided by Committee Members 

Presentation by the Federal Land Managers on Class I Issues 

Discussion of Class I Area Issues as Influenced by NSR Rules 

Noon - 1:00 pm **** Lunch Break **** 

1:00 - 5:15 pm Development and Discussion of Policy Recommendations on Class I 

Issues 

5:15 - 5:30 pm Session Closure and Follow-up by Co-chairs 

Dav 2 

7:30 am Session Registration Opens for Observers 

8:00 - 8:15 am Session Introduction 

8:15 - 10:30 am Presentation and Initial Discussion of Select Examples of BACT Issues 

Provided by Committee Members 

10:30 am - Noon Development and Discussion of Policy Recommendations on BACT 

Issues 

Noon - 1:00 pm Lunch Break 

1:00 - 3:45 pm Additional Development and Discussion of Policy Recommendations 

on BACT Issues 

3:45 - 4:00 pm Meeting Closure and Follow-up by Co-chairs 
P.7 

Subcommittee Nominees 

Name Affiliation 

David Aldorfer 

Praveen Amar 

Barbara Bankoff 

Michael Barr 

Andrea Bear Field 

William Becker 

William Bumpers 

Mark Carney 

David Carr 

Pamela Faggert 

David Hawkins 

James Jewett 

David Jordan 

Chuck Knauss 

William Lewis 

David McAvoy 

Vivian Mclntire 

Ray Menebroker 

John Paul 

William Pedersen 

Patrick Raher 

Leslie Ritts 

Ernest Rosenberg 

Christine Shaver 

Wendy Sims 

Donald Thieler 

Joseph Williams 

Richard Zbur 

General Motors 

NESCAUM 

Siemens Corporation 

Piilsbury, Madison & Sutro/National - -

Association of Manufacturers 

Hunton & Williams/Util. Air Reg. Group 

STAPPA/ALAPCO 

Howery & Simon/Class of '85 Utilities 

Electric Generation Assoc. 

Southern Environmental Law Center 

VA Department of Air Pollution Control 

Natural Resources Defense Council 

Intel Corporation 

IN Air Pollution Control Division 

Swindler & Berlin 

Morgan, Lewis & Bockius 

Eli Lilly 

Eastman Chemical Company 

CA Air Resources Board 

Regional Air Pollution Control Agency 

Perkins Coie/Council for Clean Air Implement. 

Hogan & Hartson 

Chadbourne & Parke/NEDA-CARP 

Occidental Petroleum/Chemical Manuf. Assoc. 

Environmental Defense Fund 

OR Department of Environmental Quality 

WI Department of Natural Resources 

WA Department of Ecology 

Latham & Watkins 
P.8 

NSR Reform Subcommittee Meeting 

Supplemental Travel Information 

Upon request, EPA will provide funding for Subcommittee 

members to attend Subcommittee meetings. However, due to EPA's 

significant budget constraints, the scope of the Subcommittee 

activities, including the number and duration of future meetings, 

may be limited by requests for travel funding. 

All EPA-funded travel must be authorized by this office in 

advance and comply with EPA's travel approval review procedures. 

All arrangements for travel and accommodations for EPA-funded, 

Subcommittee member travel must be made through JoAnn Allman of 

the New Source Review Section at (919) 541-5591, and should be 

requested as early as possible. Arrangements for non-EPA-funded 

travel (and travel by participants from Federal agencies) are the 

responsibility of the individual participants. 

If you do not require EPA-funded, Subcommittee member 

travel, please make arrangements for overnight accommodations 

directly with the Omni Durham Hotel at (919) 683-6664, and 

mention you are participating in the "U.S. EPA new source review" 

meeting when making your reservation. A special room rate of 

$66.00 (including tax) per night (single occupancy) has been 

negotiated for the meeting participants. 
P.9 

Same letter sent to all Subcommittee nominees 

bcc: Kent Berry, US EPA, AQMD 

Ed Lillis, US EPA, AQMD 

NSR Section 

NSR Contacts (Regions and headquarters) 

Chris Knopes, US EPA, OPPE 

Bruce Miller, US EPA, RO IV 

Marcia Spink, US EPA, RO III 

Mike Trutna, US EPA, AQMD 

Joe Padgett, US EPA, OAQPS 

Tim Smith, US EPA, ESD 

Andy Smith, US EPA, AQMD 

John Silvasi, US EPA, AQMD 

Rosalina Rodriguez, US EPA, AQMD 

John Bunyak, NPS (CO) 

Molly Ross, NPS 

Rich Fisher, USFS (CO) 

Tom Micai, NJDEPE 

Alice Pelland, TRC 

Bruce Polkowsky, US EPA, ASD 

Bob Collom, GA Dept. of Natural Resources