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OAR Box 1790 

Prepped by Keeia Richards 

Document Number: 

235) ll-F-25 

Docket Number: 

A-90-37 

Printed 10/31/2008 12:43:17 PM Sheet 235 of 250 
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Department of Energy 

Washington. DC 20585 

@002 

PAGE 

A-90-37 

FAX COVER SHEET 

OFFICE OF ENVIRONMENTAL ANALYSIS & 

SUSTAINABLE DEVELOPMENT 

OFFICE OF POLICY 

DEPARTMENT OF ENERGY 

1000 INDEPENDENCE AVENUE, SW 

WASHINGTON, D.C. 20585 

TEL (202J-586-2061 

FAX (202) 586-2062 

DATE, 

NUMBER OF PAGES 

(INCLUDING COVER) 

TO 

CLUDING COVER) 

PHONE NUMBER:__ 

FAX NUMBER: . 

FROM: 

NtJMB 

Sfe M®WKS$ 

PHONE NUMBER: 

FAX NUMBER: 

MESSAGE: 

> ; I. 

3 01990 it! 

JJ 

AB^^AZJJt^MI^J 
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IS 003 

MEMORANDUM FOR: Bill Tyndall, EPA 

ArtFrtas, OMB x , 

.FROM: I^ogerMorris.DOE Q/W\ iS~Sl~$C 

SUBJECT: New Source Review Reform Issues 

\ ... . .. . 

The teleconference of 3/30/.95 between DOE, BPA. OMB and NPS left three issues 

outstanding and resolved one. 

The resolved issue is the DOE request that "reasonable progress" appear in the paragraph on 

page 258 where the national visibility goal is described. Our eoenion was called to the 

following paragraph where reasonable progress jf mentioned. While we would prefer that 

hare related measures be described as "reasonable progress toward the visibility goal of —\ 

it is acceptable that tbe two concepts (goal and progress toward) are presented in close 

proximity. 

l h e first unresolved issue is the use of rhe fenn "deference", on pages 300 and 315, is a 

prescription for the permit authority's attitude toward on FLM'ss demonstration mat an 

AQRV would be adversely affected by emissions from a proposed source, despite no * 

increment or NAAQS violation. DQE has recornmended "careful consideration". Given the 

fact that DQE and NPS are diametrically opposed on this point. BPA and OMB must resolve 

the issue. 

Tne lecond unresolved issue is the ibsence from the preamble of discussion of the pbrtse "in 

whole or in pan" in the proposed regulations. (Pin 51 • (41) and part 52 9 (42)). The 

discussion during the teleconference indicated 1) that DOB, NPS and BPA agreed that this is 

an important issue, and 2) the issue is currently unresolved. DOB requested (and EPA 

appeared to agree) that some discussion of "in whole or in part" should appear in the 

preamble. DOB also stated that such discussion could frtnkly affirm the unresolved nature of 

the issue, provided that potential commenters are alerted to the existence of the issue. DOB 

recommends that relevant portion* of the Clover, VA and Kingsport, TN, cases be quoted in 

the discussion of this issue. 

The third unresolved issue concerns infeasihility criteria in LAER selections when NSR is 

triggered by reconstruction or modification. EPA suggested a footnote following the first. 

sentence under step 2 on page 169. DOB suggests the following footnote: . 

"In the case of LAER determinations, die infeaaibility of the moat effective emission 

limitation achieved in rrtictice by a source in the class or catcg«y of the applicant's 

will, generally, be difficult to demonstrate because the achievement of such limitation 

is prima facie evidence of it's feasibility. However, When LAER must be detennined 

for a reconstruction or modification, site sr*ci& facton may be relevant to an 

infeasibility demonstration." 
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The preceding language may be altered by BPA provided its intent is preserved. DOB did not 

intend mat EPA resolve the issue at mis stage of development of the NSR reform proposal, 

but only to solicit comment on the issue. However, we would consider the issue closed if the 

footnote proposed above was inserted. 

DOE understands that a revised version of the NSR reform proposal will be circulated for 

interagency review j the near future. We will review that revision with attention to the 

unresolved issues described above and the issues raised by Lorisa Dobriansky. 

This is my lat action on behalf of DOB, as I retire today! It's been a pleasure working with 

all of you. Keep up the good work. 

cc: Bob Rainey 

Lorisa Dobriasky 

Beth Campbell 

Doug Carter