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OAR Box 1781 

Prepped by Ollie Stewart 

Document Number: 

113) IV-C-27 

Docket Number: 

A-90-37 

Printed 10/29/2008 10:46:23 AM Sheet 113 of 142 
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON. D.C. 20460 

AUG 2 7 1999 OFFICE OF 

AIR AND RADIATION 

Honorable Max Cleland 

United States Senate 

Washington, DC 20510-2003 

Dear Senator Cleland: 

Thank you for your letter of August 6,1999, in support of our efforts to simplify and 

streamline the new source review (NSR) program. You highlighted the considerable energy that 

all the stakeholders have recently invested in crafting proposals that seek to reduce the 

complexity and uncertainty of the NSR program. You encouraged us to continue the dialogue 

with the participating stakeholder groups until we reach a consensus on the provisions at issue. 

We have made a special effort over the past year to seek further input from all 

stakeholders on new approaches that will help achieve our goals of providing more flexibility for 

industry, streamlining the permitting process where possible, while preserving the environmental 

protection called for by the Clean Air Act The meetings with stakeholders in August have been 

constructive, and we believe the follow-up meetings will enable us to come to a widely accepted 

set of program reforms. Based on the recent progress, we expect to have resolution on most 

issues by late fall. We are also investigating a longer term solution, sector-based approaches for 

industrial groups, such as utilities, that have similar manufacturing and emissions characteristics. 

This is a separate effort that will require further investment of time and energy on the part of 

stakeholders as well as EPA staff, but is likely to yield important dividends if the legal and policy 

issues can be resolved. 

Again, thank you for your concern and comments. If I can be of further service, please do 

not hesitate to contact me. 

Robert Perciasepe 

Assistant Administrator 

OAR/OAQPS/ITPID/nG:DCrumpler:ybthorpe:RTP(MD-12):919-541-0871 

CONTROL #AL-9901827 DUE: 8/30/99 

Printed on Recycled Paper 
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Controlled Correspondence For 

OFFICE OF AIR AND RADIATION 

CONTROL NO : AL-9901827 

STATUS: PENDING 

ORIG. DUE DATE: 08/30/99 

CORRES. DATE: 08/06/99 

RECEIVED DATE: 08/16/99 

ASSIGNED DATE: 08/16/99 

CLOSED DATE: 

FROM: 

ORG: 

SALUTATION: 

CONSTITUENT: 

TO: 

TO ORG: 

SURJECT: 

ASSIGNED: 

CLELAND MAX-D/GA 

UNITED STATES SENATE 

DEAR SENATOR CLELAND 

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: 

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 

08/16/99 

Code/Status 

ACTION 

Date Completed by 

Assignee 

-

Date Returned to 

OAR: 

-

(Untitled) 2. 
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TCHLAND COMMITTEES: 

GEORGIA * ARMED SERVICES 

Tetaphona: (2021 224-3521 COMMERCE 

4

 TOOffTY: (202) 224-3203 GOVERNMENTAL AFFAIRS 

www.Mnitt.QOv/-clel.nd (%\-% .^.r^- J _Y aV»w *..»..«, £Y X^XX. »* JX^. SMALL DU8INESS lanittd States Senate 

WASHINGTON, DC 20510-1005 

August 6,1999 

Mr. Robert Perciasepe 

Assistant Administrator 

U.S. Environmental Protection Agency 

Office of Air and Radiation 

401 M Street, SW 

Washington, D.C. 20460 

Dear Assistant Administrator Perciasepe: 

I understand that you have initiated a dialogue with several groups to develop proposals 

to reform the Clean Air Act's New Source Review (NSR) Program. The States and the regulated 

community took your outreach efforts very seriously and invested a great deal of energy in 

developing the three reform proposals forwarded to you by STAPPA/ALAPCO in May. You 

have agreed to hold one round of meetings with representatives from the major stakeholder 

groups this month to discuss these proposals before you decide in September whether to finalize 

the proposed revisions to the 1980 rule. 

I am concerned that only one meeting with each of the stakeholder groups will be 

insufficient to thoroughly discuss the proposals forwarded to you and nor may they provide an 

opportunity for any new ideas generated from the meetings to be developed. I strongly urge you 

to take advantage of the encouraging NSR proposals that have been placed before you and 

provide ample time to fully explore with these stakeholders whether an equitable reform proposal 

can be crafted. Finalizing the agency's proposed NSR rule revisions while these discussions are 

underway will prevent reform of the program - an endpoint that the Agency and the stakeholders 

have been searching for since the Federal Advisory Committee was convened on this topic in 

1991. 

These recent intense efforts by the stakeholders to forge consensus on NSR reform offers 

the best hope of solution, particularly since unilateral efforts to revise the program rule by the 

Agency have been repeatedly rejected by both the states and the regulated community. This 

current reform attempt is an outstanding opportunity to avoid the contentious proceedings and 

litigation that have characterized many other recent EPA actions. 

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 

SUITE 1700 

75 SPUING STREET, S.W. 

ATLANTA. GA 30303-3309 

(404) 331-4811 

SUITE 101 

23S ROOSEVELT AVENUE 

ALBANY. GA 31701-2372 

(912) 430-7796 

611 TELFAIR STREET 

AUGUSTA. GA 30901-2324 

(706)722-4040 

SUITE 101 

120 12TH STREET 

COLUMBUS. GA 31902-2461 

(706) 649-7705 •*"*) 

203 MARTIN LUTHER KING JR. BLVD. 

DALTON, GA 30721-3004 

(706)275-8905 

SUITE 203 

401 CHERRY STREET 

MACON, GA 31201-3384 

(912)765-1779 

SUITE A 

440 MALL BOULEVARD 

SAVANNAH, GA 31406-4823 

"705 '—) (9121 352-8283 
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interpretation from different offices of EPA and the states have created a program with very 

unclear obligations. The complexities of the ourrent 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 am hopeful that public recognition by your staff that this program needs to be fixed 

and your proven leadership will lead to a vastly improved NSR program. 

Most respectfully, 

(W <ui. 

Max Cleland 

United States Senator 

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