P.1 

OAR Box 1781 

Prepped by Ollie Stewart 

Document Number: 

108) IV-C-22 

Docket Number: 

A-90-37 

Printed 10/29/2008 10:46:23 AM Sheet 108 of 142 
P.2 

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY A' \0 ' 3~J 

WASHINGTON, D.C. 20460 TTT r _ 7 -7 

V, 

AUG I 2 I99S 

OFFICE OF 

AIR AND RADIATION 

Honorable Bart Stupak 

House of Representatives 

Washington, DC 20515-2201 

Dear Congressman Stupak: 

KC3 2 5 20G0 

EPA AIR DOCKET 

This is in response to your letter of July 27,1999 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 learn 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, 

Robert Perciasepe 

Assistant Administrator 

) 

Recycled/Recyclable • Printed with Vegetable OH Based Inks on 100% Recycled Paper (40% Postconsumer) 
P.3 

Controlled Correspondence For 

OFFICE OF AIR AND RADIATION 

CONTROL NO : AL-9901731 

STATUS: PENDING 

ORIG. DUE DATE: 08/16/99 

CORRES. DATE: 

RECEIVED DATE: 

ASSIGNED DATE: 

CLOSED DATE: 

07/27/99 

08/02/99 

08/03/99 

FROM: 

ORG: 

SALUTATION: 

CONSTITUENT: 

TO: 

TO ORG: 

SUBJECT: 

ASSIGNED: 

STUPAK BART-D/MI 

U.S. HOUSE OF REPRESENTATIVES 

DEAR CONGRESSMAN STUPAK 

CLEAN SIR ACTS NEW SOURCE REVIEW (NSR) PROGRAM 

Office of Air Quality Planning & Standards - RTP 

COPIES OF INCOMING PROVIDED TO: OCIR/ELIZABETH CUMMINGS 

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 

08/03/99 

Code/Status 

ACTION 

Date Completed by 

Assignee 

-

Date Returned to 

OAR: 

' 

(Untitled) 2 
P.4 

• ^ * RARTCTII0AK • COMMUTE*: 

BAKI blUfAK COMMERCE 

1ST DISTRICT, MICHIGAN 

SUBCOMMITTEES: 

„.„_ „ HEALTH AND THE ENVIRONMENT 

2348 RAYBURN BUILDING 

WASHINGTON, DC 20515 at* ^ -is £ 4.*^ 'Ttll^li.^S. .<2~4.-4.^w u

 F|NANCE*ND •SSSST Congres '•~-^«^•»-••-»--'-s^ -»• of* «•*••» tfje• xiu**,.*.*. ttnfttb^ *^*»•»-».«> States ' HAZARDOUS MATERIALS 

iY- 19(191 73K-A7JJ * » ' FAX: (202) 225-4744 * » ^ OVERSIGHT AND 

EMAIL ADDRESS: stupak@mail.house.gov j^ ^ Q ( ftepre2fentatibe£[ HZ T 

.»». . . »»^.^/»»« - ^^~ . LAW ENFORCEMENT CAUCUS Saaashmston, JBC 20515-2201 

REGIONAL WHIP 

July 27, 1999 

Assistant Administrator Perciasepe 

Environmental Protection Agency 

401 M Street, S.W. 

Washington, D.C. 20460 

Dear Assistant Administrator Perciasepe: 

I am aware that the Agency has requested that the states and the regulated 

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

Review (NSR) Program. The States and the regulated community took your outreach 

efforts very seriously and have invested a great deal of energy in developing the three 

reform proposals forwarded to you by STAPPA/ALAPCO in May. 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 from different offices of EPA and the states have created a 

program with 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 limited environmental benefitI understand that you intend to decide in the near future whether to continue your 

discussions with the regulated community, the environmentalists and the states or to 

promulgate a rule that may magnify the problems associated with the old NSR program. 

I strongly urge you to take advantage of the encouraging NSR proposals that have been 

placed before you and explore with these stakeholders whether an equitable reform 

proposal can be crafted. 

PLEASE REPLV TO: 

Q 1229 W.WASHINGTON • 902 LUDINGTON STREET • 616SHELDEN • 1120 EAST FRONT STREET • 111 E.CHISHOLM D 2 SOUTH 6TH STREET 

MARQUETTE, Ml 49855 ESCANABA, Ml 49829 HOUGHTON. Ml 49931 SUITE D ALPENA, Ml 49707 SUITE 3 

(9061228-3700 (906) 786-4504 (906) 482-1371 TRAVERSE CITY, Ml 49686 (517) 356-0690 CRYSTAL FALLS, Ml 49920 

(231)929-4711 (9061875-3751 

TOLL FREE: 1-800-950-REP1 (1-800-950-7371) 

PRINTED ON RECYCLED PAPER 

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P.5 

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I am hopeful that public recognition Iby your staff that this program needs to be 

fixed and your proven leadership will lead t© a vastly improved NSR program. 

BARTSTUPAK 

Member of Congress 

BTS/jlp 

4 
V 

P.6 

Controlled Correspondence For 

OFFICE OF AIR QUALITY, PLANNING AND STANDARDS ~ RTP 

CONTROL NO : AL-9901731 

STATUS: 

FROM: 

ORG: 

SALUTATION: 

CONSTITUENT: 

TO: 

TO ORG: 

SUBJECT: 

ASSIGNED: 

ORIG. DUE DATE: 08/16/99 

PENDING CORRES. DATE: 

RECEIVED DATE: 

ASSIGNED DATE: 

CLOSED DATE: 

STUPAK BART-D/MI 

U.S. HOUSE OF REPRESENTATIVES 

DEAR CONGRESSMAN STUPAK 

07/27/99 

08/02/99 

08/03/99 

CLEAN SIR ACTS NEW SOURCE REVIEW (NSR) PROGRAM 

Information Transfer and Program Integration Division 

COPIES OF INCOMING PROVIDED TO: OCIR/ELIZABETH CUMMINGS 

SIGNATURE: ASSISTANT ADMINISTRATOR 

OAQPS COMMENTS: 

OAR INSTRUCTIONS: PREPARE REPLY FOR THE ASSISTANT ADMINISTRATOR' 

SIGNATURE. 

OAQPS INSTRUCTIONS: 

$ \ 

.*&* • 

< S ^ \ 

|Lead 

Assigned 

ITPID 

Date Assigned 

08/03/99 

Code/Status 

ACTION 

Date Completed by 

Assignee 

-

Date Returned to 

OAQPS: 

-

ojb 

(Untitled) b 
08/03/99 TUE 11:19 FAX 2022600451 

P.7 

EPA OAR OAQPS DC —•-» OAQPS OD @002 

STATUS: 

Controlled Correspondence For 

OFFICE OF AIR AND RADIATION 

CONTROL NO: AL-9901731 

PENDING 

Qt^iTOPS-V^A^ 

OR1G. DUE DATE: 08/16/99 

C@RRES.DATE: 

RECEIVED DATE: 

ASSICNEDDATE: 

CLOSED DATE: 

07/27/99 

08/02/99 

08/03/99 

FROM: 

ORG: 

SALUTATION: 

CONSTITUENT: 

TO: 

TO ORG: 

SUBJECT: 

ASSIGNED: 

STUPAK BART-D/MI 

U.S. HOUSE OF REPRESENTATIVES 

DEAR CONGRESSMAN STUPAK 

CLEAN SIR ACTS NEW SOURCE REVIEW (NSR) PROGRAM 

Office of Air Quality Planning & Standards - RTP / j T1° / 0 

COPIES OF INCOMING PROVIDED TO: GCIR/ELIZABETH CUMMTNGS 

SIGNATURE: ASSISTANT ADMINISTRATOR 

OAR COMMENTS: 

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

DISPATCHFNG. INCLUDE "HARD" COPY OF SIGNED REPLY FOR 

CONGRESSIONAL FILESf(AL), DO NOT DATE LETTER. 

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

|L»ad 

Assigned 

OAOPS 

Date Assigned 

08/03/99 

Cads/Status 

ACTION 

Date Completed by 

Assignee 

-

Date Returned to 

OAR: 

-

(Untitled) 

io 
P.8 

OS/03/99 TUE 11:19 FAX 2022600451 EPA OAR OAQPS DC OAQPS OD 0)003 

EPA 

OFFICE OF CONGRESSIONAL AND INTERGOVERNMENTAL 

CORRESPONDENCE 

CONTROL SLIP 

CONTROL NO: 

STATUS: 

FROM: 

ORG: 

SALUTATION: 

CONSTITUENT: 

COMMITTEE: 

TO: 

TO ORG: 

SUBJECT: 

ASSIGNED: 

AL-9901731 OR1G. DUE DATE: 08/16/99 

PENDING CORRES.DATE: 

RECEIVED DATE: 

ASSIGNED DATE: 

CLOSED DATE: 

STUPAK BART-D/MI 

U.S. HOUSE OF REPRESENTATIVES 

DEAR CONGRESSMAN STUPAK 

07/27/99 

08/02/99 

08/02/99 

CLEAN SIR ACTS NEW SOURCE REVIEW (NSR) PROGRAM 

AIR & RADIATION 

COPIES OF INCOMING PROVIDED TO: OC1R/ELIZABETH OJMMINGS 

SIGNATURE: ASSISTANT ADMINISTRATOR 

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

DISPATCHING. WCLUDE "HARD- COPY OF SIGNED REPLY FOR 

CONGRESSIONAL FILES (AL). DO NOT DATE LETTER, 

COMMENTS: 

IMS: 

IMT: 

CASSAUNDRA EADES 

CASSAUNDRA EADES/DC/USEPA/US 

L*M 

Assigned 

OAR 

Date Assigned 

08/Q2/M 

Code/Status 

ACTION 

Date Completed by 

Assignee 

-

Date Returned to 

OCIR: 

-

AL Correspondence - Control No: AL-9901731 

1 
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08/03/99 TUE 11:19 FAX 3023*00451. EPA OAR OAQPS DC . -»** OAQPS OD @]004 • 

-.,•••, . ' • N 

OMXKIrTTK: 

BART STUPAK COMMERCE '•' 

1ST DSTpiCT. MICHIGAN • sUKOWMffTOS: 

Ht»l.TH AM6 THI EMUWOMMEMT ' 

234 WM8 RAVBUR N BlitLDtNC tmetKieHD SSS5rw

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FAX:«02>22S-»744 » ' K£^ £ 

EMAIL ADDRESS: «up»k@n,Bil.hoUSe.8cy J|oU£.e Of £cprttffUtatlb£ S c*0«-« * 

_ ^ . . . *«*. - *«-.- . ^^«. . L»w ENFOKCSMENT CAUCUS 

lEa^ington, P C 20515-2201 RE O = WH 1 , 

July 27, 1999 

Assistant Administrator Perciasepe 

Environmental Protection Agency 

401 M Street, S.W. 

Washington, D.C. 20460 

Dear Assistant Administrator Perciasepe: 

I am aware that the Agency has requested that the states and the regulated 

community develop proposals to simplify ai$d clarify the Clean Air Act1* New Source 

Review (NSR) Program. The States and th? regulated community took your outreach 

efforts very seriously and have invested a gfeat deal of energy in developing the three 

reform proposals forwarded to you by STAPPA/ALAPCO in May. 1 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 from different offices of EPA and the states have created a 

program with 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 limited environmental benefit.-

I understand that you intend to decide in the near future whether to continue your 

discussions with the regulated community, the environmentalists and the states or to 

promulgate a rale that may magnify the problems associated with the old NSR program. 

1 strongly urge you to take advantage of th£ encouraging NSR proposals that have been 

placed before you and explore with these stakeholders whether an equitable reform 

proposal can be crafted. 

PLEISC RePLT To: 

• 1J2SW.W«BHIN«TOM D 90J LUWNQTON ST|tri-.l OtlCShEkM * • 112DK««TF»ONT5T»»Fr D Hi t CW1SMOI.M •i!ouwlllnSI« B 

NUHQUETTC. Ml «9855 ESCAMAB*. Ml «razs HOUGHTON. Ml «S»1 SUITE D AIPCH*. Ml 4*707 SUITE 3 

ISOBI226-3700 (SOfll 789-450* t»06) M2-1371 THA»T»** CfTV. Ml «968S IB1713S6-OS9C CT»ST«t F*ui , Ml 49920 

(231»928-«711 , (9WIS75-3761 

Tou. FMI : 1-80O-S50-PEP1 (1-800-090-7371) 

miNTtc ON nEcrcuee PAfEK 

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P.10 

' 08/03/99 TUE 11:19 FAX 2022600451 EPA OAR OAQPS DC —•-<• OAQPS OD Idoo5 

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. 

BAKTSTUPAK 

Member of Congress 

' A * 

4em1 

BTS/jlp 

1