p.1 

OAR Box 1781 

Prepped by Ollie Stewart 

Document Number: 

110) IV-C-24 

Docket Number: 

A-90-37 

Printed 10/29/2008 10:46:23 AM Sheet 110 of 142 
P.2 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

AUG I 2 1999 

Honorable Jeff Sessions 

United States Senate 

Washington, DC 20510-0104 

Dear Senator Sessions: 

W-C -2.4-

c 

This is in response to your letter of July 20,1999 in which you expressed your views on 

the New Source Review (NSR) Reform project. In your letter, you encouraged my office to 

allow additional time to fully evaluate the NSR recommendations recently proposed by several 

stakeholder groups. 

We are in the process of carefully reviewing and considering the recently submitted 

proposals, and we remain very committed to an appropriate exchange of ideas and to reaching 

workable solutions on the remaining issues. At the same time, we recognize the need to balance 

the time demands of reopening the dialogue with the need to stay on track and reach closure 

within the coming months. You may be interested to leam that we are scheduling meetings with 

representatives from the major stakeholder groups to allow for an additional opportunity for 

dialogue. These discussions, to occur in August and September, will help inform our senior 

management as final decisions are made on this rulemaking. 

I truly appreciate your interest and input in this important environmental rulemaking and 

hope that my response is of service to you. 

Sincerely, 

ORIGINAL SIGNED BY 

R0^ilV'LaBRENNE J R (jr) erciasepe 

Assistant Administrator 

USEPA:OAQPS:ITPID:nG:DSvensgaard:ythorpe:919-541-2380:MD-12:8/5/99 

Control No. AL-9901714 Due Date: 8/12/99 
Controlled Correspondence For 

OFFICE OF AIR QUALITY, PLANNING AND STANDARDS - RTP 

P.3 

S; 

CONTROL NO : AL-9901714 ORIG. DUE DATE: 08/10/99 

STATUS: PENDING CORRES. DATE: 

RECEIVED DATE: 

ASSIGNED DATE: 

CLOSED DATE: 

07/20/99 

07/29/99 

07/29/99 

FROM: 

ORG: 

SALUTATION: 

CONSTITUENT: 

TO: 

TO ORG: 

SUBJECT: 

ASSIGNED: 

SESSIONS JEFF-R/AL 

UNITED STATES SENATE 

DEAR SENATOR SESSIONS 

CLEAN AIR ACTS NEW SOURCE REVIEW (NSR) PROGRAM 

Information Transfer and Program Integration Division 

COPIES OF INCOMING PROVIDED TO: OCIR/DIANN FRANTZ 

V\G> " 

H"Tv*aSIGNATURE: ASSISTANT ADMINISTRATOR 

OAQPS COMMENTS: 

OAR INSTRUCTIONS: PREPARE REPLY FOR THE ASSISTANT ADMINISTRATOR'S 

SIGNATURE. 

OAQPS INSTRUCTIONS: 

^*l< , 

*.«* * 

|Lead 

Assigned 

ITPID 

Date Assigned 

07/29/99 

Code/Status 

ACTION 

Date Completed by 

Assignee 

-

Date Returned to 

OAQPS : 

-

(Untitled) 2 
07/29/-99 THU 14:11 FAX 

P.4 

©002 

Controlled Correspondence For 

OFFICE OF AIR AND RADIATION 

CONTROL NO: 

STATUS: 

FROM: 

ORG: 

SALUTATION: 

AL-9901714 

PENDING ( 

] 

i 

1 

ORIG. DUE DATE: 

(TORRES. DATE: 

RECEIVED DATE: 

ASSIGNED DATE: 

CLOSED DATE: 

SESSIONS JEFF-R/AL 

UNITED STATES SENATE 

DEAR SENATOR SESSIONS 

08/12/99 

07/20/99 

07/29/99 

07/29/99 

CONSTITUENT: 

TO: 

TO ORG: 

SUBJECT: 

ASSIGNED: 

CLEAN AIR ACTS NEW SOURCE REVIEW (NSR) PROGRAM 

Office of Air Quality Planning & Standards • RTP 

COPIES OF INCOMING PROVIDED TO: OCIR/DIANN FRANTZ 

SIGNATURE: ASSISTANT ADMINISTRATOR 

OAR COMMENTS: 

Added on: 07/29/99 From Ruby Conley/DC/USEPA/US - CC TO 

PERCIASEPE,BRENNER^EALE,NOFERI,PYLES 

AL INSTRUCTIONS: MUST BE RETURNED TO OCIR (1304) 3RD FLOOR WT. FOR REVIEW AND 

DISPATCHING. INCLUDE "HARD" COPY OF SIGNED REPLY FOR 

CONGRESSIONAL FILES (AL). DO NOT DATE LETTER. 

OAR INSTRUCTIONS: PREPARE REPLY FOR THE ASSISTANT ADMINISTRATOR'S SIGNATURE. 

I Lead 

Assigned 

OAQPS 

Date Assigned 

07/29/99 

Code/Status 

ACTION 

Date Completed by 

Assignee 

. 

Date Returned to 

OAR: 

• 

(Untitled) 3 
P.5 

07/29/9 9 THU 14:1 1 FAX l£|UU4 

JEFF SESSIONS 

ALABAMA 

©nited $tatt8 Senate 

WASHINGTON, DC 20510-0104 

- COMMITTEES: 

ARMED SERVICES 

JUDICUUIY - * 

HEALTH. EDUCATION, LABOII, AND PENSIONS 

JOINT ECONOMIC 

July 20,1999 

Robert Perciasepe 

Assistant Administrator for Water 

Environmental Protection Agency 

401 M Street SW 

Washington, DC 20460 

Dear Assistant Administrator Perciasepe: 

I understand that tiie Agency has initiated a rigorous dialogue with the states and the 

regulated community to develop proposals to simplify and clarify the Clean Air Act's New 

Source Review (NSR) Program. The states and the regulated community are taking your 

outreach efforts very seriously and have invested a great deal of energy in developing reform 

proposals. I commend you for initiating this dialogue. 

EPA staff within both your offices of Air Quality Planning and Standards and Enforcement 

and Compliance Assurance have acknowledged that the NSR program is in need of reform. Over 

four thousand pages of interpretive guidance j complex rules and conflicting interpretation firom 

different offices of EPA and the states have created a program with very unclear obligations. The 

complexities of the current NSR system impose unnecessary burdens on states and uncertainty 

for the regulated community. This complexify stifles innovation and threatens the global 

competitiveness of the nation's manufacturing sector for little environmental benefit. 

I understand that you intend to decide soon whether to continue your discussions with the 

regulated community and the states or to promulgate a rule on NSR. I am concerned that 

promulgating the rule now might magnify the problems associated with the old NSR proposals 

and cause the agency to miss an opportunity to work with the states and industry to craft an 

equitable reform proposal. This is an outstanding opportunity to avoid the contentious 

proceedings and litigation that have characterized many other recent EPA actions. 

1 urge you to continue the dialogue with the states and regulated community before 

proceeding with any NSR rulemaking. Your co-operation with the regulated community and 

proven leadership will lead to a vastly improved the NSR program. 

sessions 

4-

PRINTEO ON RECYCLED PAPER 
P.6 

Controlled Correspondence For 

OFFICE OF AIR AND RADIATION 

CONTROL NO: AL-9901714 

STATUS: PENDING 

ORIG. DUE DATE: 08/12/99 

CORRES. DATE: 07/20/99 

RECEIVED DATE: 07/29/99 

ASSIGNED DATE: 07/29/99 

CLOSED DATE: 

FROM: 

ORG: 

SALUTATION: 

CONSTITUENT: 

TO: 

TO ORG: 

SUBJECT: 

ASSIGNED: 

SESSIONS JEFF-R/AL 

UNITED STATES SENATE 

DEAR SENATOR SESSIONS 

CLEAN AIR ACTS NEW SOURCE REVIEW (NSR) PROGRAM 

Office ofaAir Quality Planning & Standards - RTP 

COPD2S OF INCOMING PROVIDED TO: QCER/DIANN FRANTZ 

SIGNATURE: ASSISTANT ADMINISTRATOR 

OAR COMMENTS: 

Added on: 07/29/99 From Ruby Conley/DC/USEPA/US - CC TO 

PERCIASEPE.BRENNER.BEALE.NOFERI.PYLES 

AL INSTRUCTIONS: MUST BE RETURNED TO OCIR (1304) 3RD FLOOR WT, FOR REVIEW AND 

DISPATCHING. INCLUDE "HARD" COPY OF SIGNED REPLY FOR 

CONGRESSIONAL FILES (AL). DO NOT DATE LETTER. 

OAR INSTRUCTIONS: PREPARE REPLY FOR THE ASSISTANT ADMINISTRATOR'S SIGNATURE. 

|Lead 

Assigned 

OAQPS 

Date Assigned 

07/29/99 

Code/Status 

ACTION 

Date Completed by 

Assignee 

-

Date Returned to 

OAR: 

• 

(Untitled) 

a ^ 
P.7 

CtV. Mvo*^ ^ 

^EPA 

OFFICE OF CONGRESSIONAL AND INTERGOVERNMENTAL/^^ 

CORRESPONDENCE i\J ^ 

CONTROL SLIP WT, 

COPIES OF INCOMING PROVIDED TO: OCIR/DIANN FRANTZ 

CONTROL NO: 

STATUS: 

FROM: 

ORG: 

SALUTATION: 

CONSTITUENT: 

COMMITTEE: 

TO: 

TO ORG: 

SUBJECT: 

ASSIGNED: 

AL-9901714 OR1G. DUE DATE: 

PENDING CORRES. DATE: 

RECEIVED DATE: 

ASSIGNED DATE: 

CLOSED DATE: 

SESSIONS JEFF-R/AL 

UNITED STATES SENATE 

DEAR SENATOR SESSI©NS 

08/12/99 

07/20/99 

07/29/99 

07/29/99 

CLEAN AIR ACTS NEW SOURCE REVIEW (NSR) PROGRAM 

AIR & RADIATION 

SIGNATURE: ASSISTANT ADMINISTRATOR 

INSTs: MUST BE RETURNED f O OCIR (1304) 3RD FLOOR WT, FOR REVIEW AND 

DISPATCHING. INCLUDE "HARD" COPY OF SIGNED REPLY FOR 

CONGRESSIONAL FILE'S (AL). DO NOT DATE LETTER. 

COMMENTS: 

IMS: 

IMT: 

Lud 

Assigned 

OAR 

MYRTLE LASHLEY 

MYRTLE LASMLEY/DC/USEPA/US 

Date Assigned 

07/29/99 

Code/Status 

ACTION 

Date Completed by 

Assignee 

-

Date Returned to 

OCIR: 

-

AL Correspondence - Control No: AL-9901714 b 
P.8 

JEFF SESSIONS 

ALABAMA 

lEnitcd States Senate 

WASHINGTON, DC 20510-0104 

COMMITTEES: 

ARMED SERVICES 

JUDICIARY 

HEALTH. EDUCATION. LABOR, AND PENSIONS 

JOINT ECONOMIC 

July 20,1999 

Robert Perciasepe 

Assistant Administrator for Water 

Environmental Protection Agency 

401 M Street SW 

Washington, DC 20460 

Dear Assistant Administrator Perciasepe: 

I understand that the Agency has initiated a rigorous dialogue with the states and the 

regulated community to develop proposals to simplify and clarify the Clean Air Act's New 

Source Review (NSR) Program. The states and the regulated community are taking your 

outreach efforts very seriously and have invested a great deal of energy in developing reform 

proposals. I commend you for initiating this dialogue. 

EPA staff within both your offices of Air Quality Planning and Standards and Enforcement 

and Compliance Assurance have acknowledged that the NSR program is in need of reform. Over 

four thousand pages of interpretive guidance, complex rules and conflicting interpretation firom 

different offices of EPA and the states have created a program with very unclear obligations. The 

complexities of the current NSR system impose unnecessary burdens on states and uncertainty 

for the regulated community. This complexity stifles innovation and threatens the global 

competitiveness of the nation's manufacturing sector for little environmental benefit. 

I understand that you intend to decide soon whether to continue your discussions with the 

regulated community and the states or to promulgate a rule on NSR. I am concerned that 

promulgating the rule now might magnify the problems associated with the old NSR proposals 

and cause the agency to miss an opportunity to work with the states and industry to craft an 

equitable reform proposal. This is an outstanding opportunity to avoid the contentious 

proceedings and litigation that have characterized many other recent EPA actions. 

I urge you to continue the dialogue with the states and regulated community before 

proceeding with any NSR rulemaking. Your co-operation with the regulated community and 

proven leadership will lead to a vastly improved the NSR program. 

Sincerely, 

sessions 

7 PRINTED ON RECYCLED PAPER