From: George Tsiolis [mailto:gtsiolis@nj.rr.com] 

Sent: Friday, December 20, 2013 3:01 PM

To: Withey, Charlotte

Cc: 'Giff, Jennifer'

Subject: Arizona RHR FIP - Tribal Consultation Between EPA, SRPMIC and PCC

Dear Charlotte,

Following our e-mails of December 11, PCC’s Brett Lindsay had a conference call on 

December 17 with Eugene Chen which I understand went very well. At Eugene’s request, 

PCC is submitting to the EPA the attached budgetary quote for the ammonia solution that 

Eugene and Brett discussed. Perhaps this information will be beneficial to the EPA in refining 

its analysis of the cost of SNCR at PCC.

Also SRPMIC and PCC are still in the process of reviewing the draft regulatory text that you 

kindly provided on November 25, in light of the revised cost analysis that you shared on 

December 11 and that Eugene and Brett discussed. In the context of the tribal consultation, 

this review remains primarily to inform a submittal to the EPA of additional financial 

information or other information that could underlie a decision by the EPA to specify in the 

proposed or final FIP a compliance date for PCC sometime later than the date (December 31, 

2018) specified in the draft regulatory text. In this regard, the Community has asked Verle, 

Brett, Jennifer and me whether the EPA has legal authority to select a compliance date later 

than December 31, 2018, such that releasing additional financial information into the public 

record would be justified and worthwhile. As we have previously related, the SRPMIC is for 

valid historical reasons sensitive to the release of such information. The SRPMIC therefore 

would like some assurance that releasing additional financial information to the EPA would 

have the potential to reduce the impact of the FIP on the members of the Community. Our 

tentative response to the SRPMIC has been as follows:

(1) If the December 31, 2018 compliance date specified in the draft regulatory text derives 

somehow from the requirement at 42 U.S.C. § 7491 to install BART “as expeditiously as 

practicable” and corresponding regulatory requirements, or from a requirement under 40 

C.F.R. § 51.308(e) that “all necessary emission reductions take place during the period of the 

first long-term strategy for regional haze,” then those requirements would apply to BART 

sources, whereas PCC is not a BART source; and

(2) If the December 31, 2018 compliance date specified in the draft regulatory text derives 

from other considerations, then those likely would center on the necessity of commencing the 

use of SNCR at PCC by that date, and no later date, in order to achieve reasonable progress, 

relative to the uniform rate of progress or otherwise as required under the statute and rules, 

and a finding of such necessity would rest on a visibility analysis.

In response, the SRPMIC has asked whether we have reviewed any visibility analysis that 

justifies a December 31, 2018 compliance date in particular. The SRPMIC would like to make 

sure that the visibility analysis has within it, or its assumptions, flexibility that would allow the 

EPA to specify a later compliance date, before the SRPMIC releases into the record 

additional financial information in support of a plea for a later compliance date.
Toward this end, could you let us know if there is any reasonable progress or other visibility 

analysis/modeling that underlies the December 31, 2018 compliance date specified in the 

draft regulatory text and, if so, could you share a copy or at least elements of the 

analysis/modeling with PCC?

On behalf of SRPMIC and PCC, I would like to thank you again for the EPA’s efforts in the 

tribal consultation regarding the proposed and final FIP. And, I would like to reiterate our 

hope that the tribal consultation will not conclude with the FIP proposal, but may continue until 

the final FIP is promulgated.

If you have any questions or concerns, please don’t hesitate to let us know.

Thank you and best regards,

George A. Tsiolis

Counsel to SRPMIC-PCC

George A. Tsiolis

Attorney at Law

351 Lydecker Street

Englewood, New Jersey 07631

Cell: 602-319-4021

Office: 201-408-4256

Fax: 201-408-4622

Email: gtsiolis@nj.rr.com

Web: www.gtsiolis.com

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