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OAR Box 1781 

Prepped by Ollie Stewart 

Document Number: 

138) IV-C-52 

Docket Number: 

A-90-37 

Printed 10/29/2008 10:46:24 AM Sheet 138 of 142 
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'•i-/ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 1)1 

1650 Arch Street 

Philadelphia, Pennsylvania 19103-2029 

A-90-37 

IV-C-52 

Mr. Robert G. Burnley 

Director 

Department of Environmental Quality 

Commonwealth of Virginia 

P.O. Box 10009 

Richmond, VA ,23240. . 

OCT I 6 2002 

EPA/M^ TCKET 

JM 7 8 ''?<>? 

Dear Mr. Burnley: 

Thank you for the .Virginia Department of Environmental Quality's (VADEQ) August 20, 

2001 "Flexible Prevention of Significant Deterioration (PSD) Applicability" project proposal. 

As you know, the Environmental Protection Agency (EPA), Region III in conjunction with EPA 

Headquarters, has worked closely with your staff to evaluate the feasibility of modifying specific 

aspects of the PSD permitting program as requested in your project proposal. Region III 

appreciates VADEQ's commitment to environmental innovation and the opportunity to work 

together on important environmental issues. However, given recent developments with regard 

to EPA's national New Source Review (NSR) reform activities and based upon the 

recommendations of the EPA and VADEQ staff, I suggest that postponement of further project 

development would best serve our mutual interests at this time. 

I am sure you are aware of EPA's previously proposed revisions to the NSR and PSD 

requirements under the Clean Air Act (61 FR 38250). Through the proposed revisions, EPA 

sought to simplify and streamline the PSD and NSR Program. One revision, the "Clean Unit" 

test, although not identical, is similar in concept to VADEQ's Flexible PSD Applicability 

proposal. Like the VADEQ proposal, the Clean Unit test sets forth control technology criteria 

which when met, may exempt a source from certain NSR permitting requirements. Due to the 

similar nature of VADEQ's proposal with the federal Clean Unit test currently under 

consideration by EPA, I believe that circumstances warrant the postponement of project 

development. By postponing consideration of the project until a clear national program direction 

is established, VADEQ may be certain that any changes made to the Commonwealth's program 

are consistent with any changes made to the national program. 

Once again, I would like to acknowledge VADEQ's leadership role in the EPAEnvironmental Council of States Agreement. Furthermore, Region III will monitor the progress 

o Printed on 100% recycled/recyclable paper with 100% post-consumer fiber and process chlorine free. 

Customer Service Hotline: 1-800-438-2474 
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of the national NSR reform effort and forward information as it becomes available. If you have 

any additional questions, please feel free to contact me or Barbara D'Angelo of the Office of 

Environmental Innovation at 215-814-2786. 

Sincerely, 

Thomas C. Voltaggio 

Deputy Regional Administrator 
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Copies to: 

Ms. Gail Bonanno 

US EPA (2201A) 

Ariel Rios Building 

1200 Pennsylvania Avenue, NW 

Washington, DC 20460 

Mr. Milton Robinson 

US EPA (2201A) 

Ariel Rios Building 

1200 Pennsylvania Avenue, NW 

Washington, DC 20460 

Ms. Karen Blanchard 

US EPA (C33903) 

Research Triangle Park, NC 27711 

Mr. Tom Driscoll 

US EPA (C33903) 

Research Triangle Park, NC 27711 

Ms. Monica Gibson 

US EPA (2344A) 

Ariel Rios Building 

1200 Pennsylvania Avenue, NW 

Washington, DC 20460 

Mr. Ted Cochin 

USEPA (1807) 

Ariel Rios Building 

1200 Pennsylvania Avenue, NW 

Washington, DC 20460 

JudyKatz(3AP00) US EPA, Region m 

Bill Early (3RC00) US EPA, Region III 

Donna Weiss (3API 1) 

US EPA, Region III 

Neil Bigioni (3RC1.0) 

US EPA, Region III