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  • NSR History (November 7, 2003) -- Prepared by John Paul (Dayton, OH) as a background document for use by the Committee during discussions of the New Source Review: A Menu of Options report.

  • PowerPoint Presentations at the Clean Air Act Advisory Committee Meeting (November 7, 2003) -- Click here for a presentation on NSR Reforms and here for a presentation on Title V Permitting.
     

  • Documents Related to Generic Startup, Shutdown and Malfunction (SSM) Plans (October 28, 2003) -- EPA prepared two documents related to generic SSM plans. Click here to view comments the agency received when it was considering whether to develop generic plans. Click here to view a plain language document (Summary of Requirements for MACT Standard's Startup, Shutdown, and Malfunction Plans) that OAQPS developed.
     

  • STAPPA/ALAPCO's New Source Review Menu of Options (October 14, 2003)
     

  • Alaska Department of Environmental Conservation v. Environmental Protection Agency (October 9, 2003) --These briefs were submitted to the Supreme Court by the petitioner and respondent in the Cominco case. Oral argument was held October 8, 2003, before the United States Supreme Court. Note that Cameron Leonard of the Alaska Attorney General�s Office, who discussed the case in our September Enforcement Committee conference call, is on the brief for Petitioner Alaska. The case arose from a state-federal dispute over the appropriate BACT requirement for Cominco�s Red Dog Mine PSD permit. In addition, EPA raised jurisdictional issues asserting the sufficiency of its administrative orders as final agency actions in the wake of the TVA case.
     

  • EPA Redraft of CAFO Safe Harbor Agreement (September 25, 2003) -- This EPA draft responds to the CAFO industry safe harbor proposal. EPA covenants not to sue participating CAFOs for Clean Air Act (CAA) violations while the agreement is in effect. The EPA agreement resolves liability for alleged violations of the CAA and the Comprehensive Environmental Response, Compensation and Liability Act at participating CAFO facilities. It requires participating CAFOs to pay a fine of $500 per facility and to contribute $2500 per facility to fund a CAFO air emissions monitoring program. At the end of the monitoring program, EPA will use the emissions data to develop methodologies for estimating emissions; CAFOs then must comply with all applicable CAA requirements based on the emissions-estimating methodologies developed by EPA. The EPA agreement states that nothing in the agreement is intended to affect the ability of states to enforce compliance with state laws. Several environmental groups issued a statement criticizing the agreement for, among other things, 1) providing an indefinite safe harbor, since the monitoring program has no timeline, 2) not requiring CAFOs to reduce pollution, 3) giving the CAFOs control of the monitoring program, and 4) assessing a minimal fine. Click here for a copy of a fact sheet prepared by EPA Headquarters regarding the agreement.
     
  • California's SB 700 Regarding Agricultural Air Emissions (September 22, 2003) -- The purpose of California's SB 700 is to establish a new set of programs at the state and regional levels to reduce air emissions from agricultural sources in order to protect public health and the environment. The bill states that it is the intent of the California legislature to require the State Air Resources Board and air quality management districts and air pollution control districts in the state to regulate stationary, mobile, and area sources of agricultural air pollution. California's governor signed this bill into law on September 22, 2003. This law removes the permitting exemption for agricultural sources.
     
  • EPA Draft Stack Testing Guidance (July 9, 2003) -- EPA is providing STAPPA and ALAPCO an opportunity to comment on the agency's Draft Stack Testing Guidance document.  This guidance is intended to expand upon the CMS and HPV guidance provisions already in place, to improve consistency in conducting and assessing stack tests among States, Locals and EPA Regional Offices.  The guidance is intended to address concerns raised by the Inspector General regarding EPA oversight of State and Local stack testing programs, in a 2000 Inspector General Report.  The Enforcement and Compliance Committee will be coordinating the development of STAPPA and ALAPCO comments, which are due to EPA by August 22, 2003.  You can also find a Power Point presentation by Greg Gholson, the EPA lead on this guidance development, posted on Air Web under Enforcement Committee Important Documents, included with the Enforcement and Compliance Workshop presentations.
     
  • EPA Review of State and Local New Source Review Programs (May 21,  2003) -- EPA has informed us that, as part of their oversight responsibilities for New Source Review, EPA intends to send a team to selected NSR permit authorities to evaluate the State or Local NSR program. OAR management has identified this task as a priority. According to EPA, the evaluations will focus on the positive aspects of each permitting program and identify program areas, if any, that may need more emphasis (e.g., staff training or increment tracking) and improvement. EPA indicates that they plan to kick off this round of NSR program reviews this spring. They expect to conduct two on-site NSR program evaluations this fiscal year. In subsequent years they expect that around four reviews will be conducted per year. An EPA team has developed a questionnaire to be used by the auditing team for the on-site evaluations. EPA has provided the NSR Program Review Questionnaire to STAPPA and ALAPCO to make it available to NSR permitting authorities.
     
  • EPA Regional Office Reviews of State and Local Title V Programs (March 17, 2003) -- The following documents comprise guidance from EPA Headquarters to the Regional Offices for conducting Title V Program reviews of each permitting authority's Title V Program over the next four years. The reviews are being conducted in response to an EPA Office of Inspector General audit. The documents are 1) Instruction Sheet to Regions; 2) Evaluation Questionnaire; and 3) Optional Questionnaire on File Reviews. EPA has characterized these guidance documents as "living documents." If you have comments or feedback on the documents, please send to Bliss Higgins or Geri O'Sullivan.

  • EPA Office of Inspector General Review of State and Local Title V Programs (February 14, 2003). This document is a memo from the EPA OIG to Jeffrey Holmstead, EPA Assistant Administrator for Air and Radiation, announcing the OIG's intention to audit State and Local Title V operating permit programs. OIG indicates the audit will seek to determine whether selected Title V permits contain the air quality provisions required under Title V of the Clean Air Act (CAA), and the environmental impact of any related deficiencies, as well as whether key provisions in existing Title V permits for selected industry sectors are being effectively used by EPA and selected state and local agencies to ensure that Title V goals and objectives are met, and whether the environmental impact from such permits is consistent with the intent of Title V.

  • EPA's Voluntary Superior Monitoring Program (February 2003). This document is a presentation by Dan Bivins, EPA, OAPS, describing a program EPA is developing intended to encourage CAA regulated facilities to install and conduct superior monitoring of emissions units.

  • STAPPA/ALAPCO Comments on EPA's draft Technical Support Document (TSD) (January 29, 2003)- The Permitting and Air Toxics Committees are considering whether to submit comments from STAPPA and ALAPCO on EPA's draft Technical Support Document (TSD) for Title V Permitting of Printing Facilities (available on EPA's website at www.epa.gov/ttn/oarpg/t5pgm.html). EPA has indicated that comment will be accepted at least through February 28, 2003. If you or your agency are developing comments on the TSD and you would like STAPPA and ALAPCO to consider including your comment in a comment letter from the associations, please submit them to Mary Douglas (mdouglas@4cleanair.org) or Bliss Higgins (bhiggins@environcorp.com) no later than February 14, 2003.

  • STAPPA/ALAPCO Comments on Section 112(j) and General Provisions Rule Amendment (January 16, 2003) � This document contains STAPPA/ALAPCO�s comments on EPA�s proposed rule amendments, which appeared in the Federal Register on December 9, 2002 (67 FR 72875).

  • Example Section 112(j) Part 2 Permit Application Form (January 9, 2003) - EPA prepared this example form with input from members of STAPPA and ALAPCO. Click here for a WordPerfect version that can be used to make modifications to the form.
     
  • Section 112(j)/General Provisions Proposal (December 3, 2002) - This document contains EPA's proposal for when MACT standards for source categories must be set under Section 112(j), as well as applicability determination requirements. EPA has also published a fact sheet that summarizes the proposal. EPA has posted an example Part 2 application on its website at www.epa.gov/ttn/atw/112j/112jaypg.html under "Other" for November 2002.

  • Section 112(j) Settlement Agreement, including Schedule (November 26, 2002) - This is the text of the settlement agreement with the Sierra Club and includes the schedule of Section 112(j) dates for individual source categories.

  • Alaska vs. EPA Case Synopsis (September 25, 2002) � This document is comprised of a case synopsis prepared by the Alaska Department of Environmental Conservation regarding the 9th Circuit Court of Appeals July 30, 2002 decision upholding EPA�s authority to override a state�s PSD decision. To view a copy of the original court decision, click here. To view a copy of Alaska�s petition for writ of certiorari to the U.S. Supreme Court, click here.

  • STAPPA/ALAPCO Letter on Section 112(j) Settlement (September 24, 2002) - This letter includes STAPPA/ALAPCO�s comments to EPA on the proposed settlement agreement that was published in the Federal Register on August 26, 2002. The proposal would move the deadline for sources to submit their Section 112(j) Part 2 applications from May 15, 2004 to May 15, 2003.

  • EPA MACT Settlement Agreement (August 26, 2002) � This document is comprised of the EPA�s August 15, 2002 settlement agreement with the Sierra Club, which shortens by one year the deadline for companies to submit their detailed Part 2 maximum achievable control technology (MACT) permit applications. The settlement is the result of a lawsuit by the Sierra Club challenging EPA�s April 5, 2002 rule extending the application deadline to May 15, 2004. Comments on the settlement are due to EPA by not later than September 25, 2002. To view a copy of the August 26, 2002 Federal Register notice (67 FR 54804) announcing the settlement agreement, go to www.access.gov.

  • STAPPA/ALAPCO Proposed Emissions Monitoring and Environmental Compliance Agreement with the CAFO Industry (August 15, 2002) - This is the STAPPA/ALAPCO Agriculture Committee proposal for an agreement with the CAFO industry that would create an emissions monitoring program and provide for a limited waiver of enforcement by EPA and participating states and localities for animal production facilities that participate in the program, not to exceed one year. EPA�s Office of Enforcement and Compliance Assurance (OECA) is scheduled to meet with CAFO industry representatives the week of August 19, 2002, to discuss the industry proposal (posted below) and present STAPPA/ALAPCO�s proposed agreement.

  • EPA Response to IG Report on Title V Permit Issuance Rates (July 31, 2002) - The document, which is comprised of a memo from Jeff Holmstead and an EPA action plan, constitutes the agency's formal response to the March 29, 2002 Office of Inspector General's (OIG's) Title V Issuance Rate Report.

  • EPA's Announcement of Partial Withdrawal of California Title V Program Approval (July 24, 2002) - This document is comprised of a Federal Register notice announcing EPA's proposal to withdraw, in part, approval of 34 Clean Air Act title V Operating Permits Programs in the State of California (67 FR 48426). EPA's proposed partial title V program withdrawal is based upon EPA's finding that the State's agricultural permitting exemption at Health and Safety Code 42310(e) unduly restricts the 34 local districts' ability to adequately administer and enforce their title V programs, which have previously been granted full approval status. Comments on the proposed rule are due to EPA by not later than September 3, 2002.

  • May 29, 2002 CAAAC Subcommittee Notes (June 27, 2002) - This document contains notes from the Clean Air Act Advisory Committee's (CAAAC) Permitting/New Source Review/Toxics Subcommittee Meeting, which took place on May 29, 2002. The notes where complied by John Paul (Dayton, Ohio) and Herb Williams (Texas).

  • EPA's NSR Recommendations and 90-Day NSR Review Report (June 13, 2002) - This document is comprised of EPA's recommendations for improvements to the New Source Review (NSR) program, as well as the agency's 90-day NSR review report to the Administration.

  • EPA's Response to Utility Air Regulatory Group CAM Lawsuit (May 16, 2002) - This document is comprised of EPA's response to UARG's court challenge to EPA's recently promulgated "Compliance Assurance Monitoring" rules addressing enhanced monitoring is a new interpretation of Section 70.6(c)(1) that is beyond the scope of Title V regulations.

  • Power Point Presentations at the STAPPA/ALAPCO Spring 2002 Membership Meeting
    May 4-8, 2002 in Coeur d' Alene, Idaho     (Loading may take a few seconds)

  • EPA Memorandum on Title V Issuance Rates (May 3, 2002) - This document is comprised of a memorandum from Bill Harnett, Director of EPA�s Information Transfer and Program Integration Division to EPA�s Regional Air Division Directors regarding the implementation of state and local Title V programs. The memorandum commends EPA regional staff for their efforts to date in addressing the regulatory and implementation issues associated with state and local Title V programs for which the agency received citizen comments in early 2001.

  • EPA's 112(j) MACT Presentation (April 22, 2002) - This document contains a website link to Rick Colyer�s presentation on Section 112(j) at EPA's April 2002 Air Toxics Workshop. After accessing the site, scroll down to the presentations for April 9 (under the Section 112[j] heading).

  • Administration's Energy Task Force Documents (April 11, 2002) - This document contains a link to the Natural Resources Defense Council (NRDC) search engine link for the 11,000 pages of "secret" documents released by the Department of Energy related to Vice President Cheney's energy task force. The documents are divided into small PDF files that can be easily downloaded. The NRDC recommends using narrowly tailored keywords (e.g., "NSR" or "Cinergy") or looking for specific persons or companies of interest. NRDC hopes to have an index of NSR related documents shortly.

  • EPA's Revised Tier 2 Emission Reduction Estimates (April 8, 2002) - This document, which is comprised of an EXCEL spreadsheet, contains EPA's revised estimates of emission reductions, which were originally released on March 25, 2002, achieved by the Tier 2/Sulfur rule in 2007 in all counties except those in California.

  • Office of Inspector General's (OIG's) Title V Issuance Rate Report (April 1, 2002) - This document, which is comprised of a March 29, 2002 cover memo to Jeff Holmstead and a final report, details the results of the OIG's evaluation of EPA and state progress in issuing Title V permits. In addition to identifying current obstacles to permit issuance, the report also contains a number of recommendations to EPA to help address these problems.

  • EPA Response to STAPPA/ALAPCO's New Source Review Comments (March 7, 2002)- This document contains EPA's response to STAPPA/ALAPCO's January 23, 2002 NSR letter to Administrator Whitman expressing the associations' concern with recent developments in the Administration's NSR reform efforts.

  • 2002 Permitting Workshop Presentations

    • New Source Review Super Session
      - Presentation of Bill Harnett, EPA
      - Presentation of Bruce Buckheit, EPA (will be available shortly)

    • Update from Federal Land Managers on PSD Issues
      - Presentation of Chris Shaver, National Park Service and Sandra Silva, U.S. Fish and Wildlife Service.

    • Compliance Certifications -- Federal, State and Local Perspectives
      - Presentation of Stuart Arkley, Minnesota
      - Presentation of Roger Letterman, Indiana
      - Presentation of Jennifer Marsee, Dayton Ohio

    • Title V Renewals and CAM Submittals
      - Presentation of Grecia Castro, EPA
      - Presentation of Barrett Parker, EPA
      - Presentation of Pamela Muren, Missouri

    • The Sierra Club Lawsuit - Post-Settlement Wrap-Up and Next Steps
      - Presentation of Steve Hitte, EPA

    • Examples of State and Local Successes and Innovative Approaches to Implementing Permit Programs
      - Presentation of Terry Polen, West Virginia
      - Presentation of Kathrina Donegan, St. Louis, MO
      - Presentation of Bill Fanska, Missouri

    • Title V Permit Modifications - Federal, State and Local Perspectives
      - Presentation of Ray Vogel, EPA
      - Presentation of Jeffrey Hanson, Wisconsin
      - Presentation of Chris Kjellmark, Iowa
      - Presentation of Bill O'Sullivan, New Jersey

    • Title V and MACT
      - Presentation of Steve Hitte, EPA

  • EPA's Response to Citizen Comments on Deficiencies in Title V Programs(January 18, 2002) - This document contains the most recent EPA Regional Office responses to citizen comments on alleged deficiencies in state and local Title V programs.

  • EPA Regional Guidance on State of Basis Content (January 16, 2002) - This document, which is comprised of a December 20, 2001 Region 5 letter to Ohio EPA and a summary of an agreement between Region 9 and the California Air Resource Board, represents specific EPA Regional Office guidelines on what constitutes an adequate statement of basis in a Title 5 permit.

  • STAPPA/ALAPCO's Comments on CHP Guidance (December 12, 2001) - This documents is comprised of the associations' comments on the October 15, 2001 Federal Register notice availability of EPA�s Draft Guidance on Source Determinations for Combined Heat and Power (CHP).

  • EPA's Direct Final Rule Changing Operating Permits Major Source Definition (November 27, 2001)- This document contains the agency's direct final rule changing the definition of major source under existing Clean Air Act (CAA) regulation for state and local operating permits programs (66 FR 59161). This change eliminates the current requirement that owners and/or operators of sources must count certain fugitive emissions of air pollutants when determining whether their facility is a major source subject to the operating permits program.

  • Regional Assistance Project Draft Model Rule for Distributed Generators (November 6, 2001) - The Regulatory Assistance Project (RAP), with the participation of several STAPPA/ALAPCO members, has developed a draft model rule to regulate the emissions of certain air pollutants from smaller-scale (primarily distributed) electric generating units. RAP is seeking comments and suggestions about the draft model rule by December 31, 2001. Provide comments to rapweston@aol.com or dremissions@lists.raponline.org. For additional information, contact Rick Weston at (802) 223-8199.

  • STAPPA/ALAPCO's Comments on CEQ Task Force (October 31, 2001) - This document is comprised of the associations' comments on the Federal Register notice published by the Council on Environmental Quality (CEQ) soliciting comments on the nature and scope of the federal interagency task force (task force) established pursuant to Executive Order 13212 to explore ways to expedite energy projects. (66 Federal Register 43586). Specifically, the task force will work with and monitor federal agencies� efforts to expedite their review of permits, or take other actions necessary to accelerate the completion of energy-related projects, while maintaining safety, public health and environmental protections. Comments are due by not later than October 31, 2001. For further information on the CEQ Task Force, including a copy of the Federal Register notice, click here.

  • EPA Draft Guidance on Source Determinations for Combined Heat and Power (CHP) Facilities (October 18, 2001) -This document contains the agency's preliminary draft guidance on Source Determinations for Combined Heat and Power (CHP) Facilities under the Clean Air Act New Source Review and Title V Programs, which was published in a notice of availability in the Federal Register (66 FR 52403) on October 18, 2001. The STAPPA/ALAPCO Permitting Committee will be developing the associations' comments on the draft guidance, which are due to EPA by November 14, 2001. Therefore, members are encouraged to review the draft guidance, and forward any comments to Geri O'Sullivan by not later than October 31, 2001.

  • EPA Memorandum on Title V Renewals (August 21, 2001) - This document, which is comprised of a memorandum from Steve Hitte, OAQPS, to EPA�s Regional Air Program Managers, as well as an attachment, constitutes EPA�s guidance on Title V Renewals. EPA plans to publicly release this guidance in the near future. If you have any questions or comments, please contact Steve Hitte of EPA at Hitte.Steve@epa.gov by not later than September 11, 2001.

  • STAPPA/ALAPCO's Comments on NSR 90-Day Review Document (July 27, 2001) - This document is comprised of the associations' comments on EPA�s NSR 90-Day Review Background Paper. The comments are based on input from various state and local agencies, as well as the associations' long-standing positions and principles on the NSR reform process. To view a copy of the attachments to the comments, click here.

  • STAPPA/ALAPCO's July 2001 NSR Testimony (July 23, 2001) - This document contains the associations' testimony, which was given at a series of public meetings that were held by EPA from July 10-20, 2001. The purpose of the meetings to solicit additional comments on the agency's 90-Day NSR Background Document, which constitutes the first step in its 90-day NSR review process. In addition, the Committee is developing the associations comments on the paper, which are due to EPA by not later than Friday, July 27, 2001.

  • EPA's 90-Day Review Background Paper (June 22, 2001) -- This document, which is comprised of a background paper and fact sheet, contains the preliminary results of EPA's NSR 90-Day Review. This preliminary report, which was prepared in response to a directive in President Bush�s May 2001 National Energy Policy to examine New Source Review (NSR) regulations, represents the agency�s first step in the overall review process. According to EPA, the purpose of the document is to provide background on the NSR program and its implementation, as well as identify several key issues related to the NSR program for which data is not readily available. EPA has scheduled public meetings for July 10 in Cincinnati; July 12 in Sacramento, CA; July 17 in Boston, MA; and July 20 in Baton Rouge, LA to solicit additional comments on the document. In addition, the Permitting Committee is coordinating the associations' formal comments on the background paper. Please forward any comments, including information on the specific data gaps EPA identifies on page 1 of the document, to Geri O' Sullivan at gosulliv@sso.org by no later than Friday, July 20, 2001. Comments are due to EPA by July 27, 2001.

  • President's National Energy Policy Recommendations Sorted by Committee (June 12, 2001) -- On May 17, 2001, President Bush announced his National Energy Policy. The 170-page document contains over 100 recommendations covering a range of energy-related issues. These recommendations pertain to a number of areas of interest to STAPPA/ALAPCO committees. To ensure that the STAPPA/ALAPCO committees were aware of these recommendations in the event the committees wanted to follow-up on or track any of them, this document provides a summary of selected recommendations organized by STAPPA/ALAPCO committee. Also available is a list of EPA directives in the President's national energy policy,, prepared by EPA.

  • Memorandum to Committees Regarding National Energy Policy (June 12, 2001) - President Bush's National Energy Policy contains over 100 recommendations covering a range of energy-related issues. This document is a summary of selected recommendations organized by STAPPA/ALAPCO committee.

  • List of EPA Directives in the President's National Energy Policy Report (June 12, 2001) - This list was prepared by EPA.

  • Draft Bill Containing New Source Review and Other Changes for Energy Crisis (April 9, 2001) -- Rep. Joe Barton (R-TX), Chairman of the House Energy and Air Quality Subcommittee of the Energy and Commerce Committee, is distributing a discussion draft of a possible electricity emergency bill that would include legislative changes to New Source Review to address the energy crisis. Specifically, it would waive Section 111 of the Clean Air Act for NOx and preconstruction requirements adopted into SIPs (for NOx). Additionally, it would allow SIP amendments to provide NOx waivers for natural gas-fired generators on high electricity emergency days. Click here for a related section-by-section summary. We are interested in receiving any reactions/comments you have on this draft bill by Friday, April 13. Please send them to Mary Sullivan Douglas of STAPPA/ALAPCO at mdouglas@sso.org. Action on this bill may take place within several weeks.

  • Annual Permitting Committee Report (March 20, 2001) -- This document contains the annual report of Permitting Committee activities for 2000. The report outlines the various actions that Committee has taken, including comment letters and surveys, as well EPA actions that affected the Committee.

  • Citizen Comments on Title V Programs (March 12, 2001) - This document contains the U.S. Public Interest Research Group's comments on a number of state and local Title V programs submitted in response to EPA's "Notice of Comment Period on Program Deficiencies," (65 FR 77376). The comments allege a number of legal deficiencies in state and local regulations, as well as the manner in which states and local air agencies are implementing their Title V programs. To view a list of the comments submitted, click here. To view the actual comments, click here.

  • EPA's Compliance Assurance Monitoring Amendments (March 1, 2001) -- This document contains two Federal Register notices in response to the United States Circuit Court of Appeals October 29, 1999 decision to remand part of the 1997 Compliance Assurance Monitoring (CAM) rulemaking. The first notice (66 FR 12917) is a proposed amendment to the State Operating Permits that revises certain sections of the compliance certification requirements. Specifically, EPA has added language to Sections 70.6(c) and 71.6(c) requiring that the responsible official for the affected facility certify intermittent or continuous compliance in the annual compliance certification. The amendment also withdraws EPA's guidance entitled "Compliance Assurance Monitoring Rule Implementation Questions and Responses." According to the notice, EPA does not believe this proposed amendment is controversial and, therefore, has also published it as a direct final rule (66 FR 12872). Unless EPA receives adverse comments on the amendment by not later than April 2, 2001, the final rule will become effective April 30, 2001.

  • EPA's Proposed Removal of Provisions for Industrial Utility-Units Exemption in the Permits Rule for the Title IV Acid Rain Program (March 1, 2001) -- This revision is in response to an August 23, 2000 settlement agreement addressing the October 1997 exemption provision.

  • Information Collection Activity Federal Register Notice (February 14, 2001) -- This document is comprised of a Federal Register notice (66 FR 8588) requesting comment on the burden associated with reporting compliance information to the AIRS Facility System (AFS). The notice covers the existing AFS reporting requirements; reporting changes due to the recently installed HPV simplification software; and reporting changes due to the upcoming Compliance Monitoring Strategy (CMS).

  • EPA's Title V Permits Issuance Rate Statistics (February 14, 2001) -- This document, which is comprised of a table, contains the EPA's Title V permit issuance rate statistics for state and local permitting authorities as of January 1, 2001.

  • EPA's Summary of Title V Fees (February 14, 2001) -- This document, which is comprised of a table, contains a summary of Title V fees and fees collected by state and local permitting authorities as of December 2000.

  • Perciasepe Memorandum on Title V Permit Issuance Rates (January 19, 2001) -- This document contains a memo from Assistant Air Administrator Robert Perciasepe to all Regional Administrators regarding Title V permit issuance rates and strategies. The memo acknowledges the efforts state and local permitting agencies made to meet the December 31, 2000 deadline and outlines next steps to complete permit issuance.
  • Interim Approval Settlement Federal Register Notices (December 21, 2000) -- This document contains two federal register notices associated with the November 21, 2000 interim approval settlement agreement between Sierra Club and EPA. To view the Notice of Comment Period on Operating Permits Program Deficiencies (65 FR 77024), click here. To view the Notice of Revision to Interim Approval Requirements (65 FR 79791) removing EPA's ability to grant future program extensions, click here.

  • Title V Interim Approval Lawsuit (December 7, 2000) -- This document contains the signed version of the interim approval lawsuit settlement between Sierra Club/New York Public Interest Research Group and EPA. The settlement agreement was officially signed on November 21, 2000. The settlement places a number of obligations on EPA, such as agreeing that no further interim extensions will be granted; notifying state and local agencies of the settlement; and publishing a Federal Register notifying the public of their opportunity to comment on state and local program deficiencies.

  • Cleaner Power: The Benefits and Costs of Moving Away from Coal to Natural Gas Power Generation -- This document contains a study by the Environmental Law Institute that analyzes benefits and costs of reducing by half the use of coal for electric generation in the United States by the year 2010, making use of the Haiku electricity market model developed and maintained at Resources for the Future. The Environmental Law Institute is an independent policy research center and the study is based on a sophisticated computer model of the utility industry constructed by Resources for the Future, an economics research organization.

  • STAPPA/ALAPCO Comments on Part 70 Public Participation Revisions (November 15, 2000) -- This document contains the associations final comments on EPA's proposed revisions to the Part 70 public participation provisions. The proposed revisions were discussed at an October 25, 2000 EPA stakeholder meeting in Washington, DC. To view a copy of the proposed revisions, click here.

  • STAPPA/ALAPCO's Final Comments on White Paper 3 (September 19, 2000) -- This document contains the associations' comments on EPA�s August 14, 2000 draft White Paper 3, entitled Operational Flexibility in Facilities Subject to Title V Permitting (65 FR 49803).

  • STAPPA/ALAPCO's Comments on EPA's Draft Guidance for NOx Control on Gas Turbines (September 15, 2000) -- This document contains the associations comments on EPA's August 17, 2000 draft Guidance on Best Available Control Technology (BACT) for NOx Control at Combined Cycle Turbines (65 FR 50202). Specifically, the draft guidance is a consideration of collateral environmental impacts associated with the use of selective catalytic reduction (SCR) as BACT for NOx on dry low-NOx equipped natural gas-fired combined cycle turbines.

  • Notice of Availability for Draft Guidance on BACT for NOx Control at Combined Cycle Turbines (August 17, 2000) -- This document contains the Notice of Availability EPA's draft guidance on BACT for NOx Control at Combined Cycles Turbines (65 FR 50202). According to EPA, the guidance addresses several issues that have been brought to EPA's attention as a result of recent controversies involving state and local permitting agencies, utilities, and turbine manufacturers over appropriate best available control technology (BACT) controls for NOx at natural gas combined cycle turbines for electric power generation. Comments are due to EPA by not later than September 18, 2000.

  • STAPPA and ALAPCO August 17, 2000 Comments on EPA's Draft Tier 2 Offset Guidance (August 17, 2000) - This document contains STAPPA and ALAPCO's comments on EPA's July 12, 2000 draft guidance on the Use of Emissions Reductions From Motor Vehicles Operated on Low-Sulfur Gasoline as New Source Review (NSR) Offsets for Tier 2/Gasoline Sulfur Refinery Projects in Nonattainment Areas (65 FR 43009). Specifically, the comment letter outlines the associations' numerous concerns with the draft guidance, including concerns with timing of the guidance, the potentially dangerous precedent it sets for future federal rulemakings and the negative environmental implications on existing control programs, as well as refinery communities.

  • EPA's Draft White Paper #3 (August 15, 2000) -- This document contains EPA's August 7, 2000 draft white paper #3, entitled �Operational Flexibility in Facilities Subject to Title V Permitting� (65 FR 49803), which proposes to allow state and local agencies to issue so called �smart permits� that would build more flexibility for industry into the Title V permitting program. The Permitting Committee is coordinating comments, which are due to EPA by September 14, 2000.

  • EPA's Advance Federal Register Notice of Availability for Draft White Paper #3 (August 9, 2000) -- This website contains EPA's Advance Federal Register Notice of availability for Draft White Paper #3.

  • EPA Draft Title VI Guidance Document for EPA Assistance Recipients Administering Environmental Permitting Programs and Draft Revised Guidance for Investigating Title VI Administrative Complaints Challenging Permits (65 FR 39650) (July 13, 2000) -- This document, which is comprised of two documents, contains EPA's new civil rights guidance that affirms the Agency's commitment to enforcing both environmental and civil rights law. The guidance provides a blueprint for community and business leaders to work together alongside state and local governments to develop new efforts to reduce clear environmental impacts when they plainly violate the civil rights of minority communities. Comments on the guidance, which are being coordinated by the Permitting Committee, are due to EPA by not later than August 28, 2000.

  • EPA's Federal Register Notice of Availability for the Tier 2 Offset Guidance (July 12, 2000) -- This document contains EPA's Draft Guidance on the Use of Emissions Reductions From Motor Vehicles Operated on Low-Sulfur Gasoline as New Source Review (NSR) Offsets for Tier 2/Gasoline Sulfur Refinery Projects in Nonattainment Areas (65 FR 43009). According to EPA, the purpose of the draft guidance is to help state and local permitting authorities understand the proper use of Tier 2 motor vehicle emission reductions as NSR offsets for refineries applying for major NSR permits. Many refineries are expected to need such permits in order to make the changes necessary to comply with the Tier 2 requirements for production of low sulfur gasoline. Comments on the draft guidance, which are being coordinated by STAPPA and ALAPCO's Permitting Committee, must be submitted to EPA by not later than August 11, 2000.

  • STAPPA/ALAPCO Response to EPA Draft on Title III/V Interface (June 29, 2000) -- This letter contains STAPPA/ALAPCO's response to EPA's draft response (March 14, 2000) to eight of the twelve Title III/V Interface issues STAPPA/ALAPCO identified a number of months ago. EPA's draft, to which this letter responds, is available on the Permitting and Air Toxics Committee pages of Air Web.

  • EPA's June 1, 2000 Stationary Source Voluntary Measures Draft Policy -- This document contains EPA's draft policy regarding the granting of explicit State Implementation Plan (SIP) credits for voluntary stationary source emission reduction programs. According to EPA, these voluntary programs have the potential to provide, in a cost-effective manner, emission reductions needed for progress toward attainment and maintenance of the NAAQS. Comments on this draft policy are due to EPA by not later than July 14, 2000. All comments can be submitted directly to Jack Edwardson of EPA at edwardson.jack@epa.gov.

  • EPA's Extension of Title V Interim Approvals Deadline (May 23, 2000) -- This document contains EPA's amendments to the Agency�s operating permits regulations (65 FR 32035) which extends the Title V interim approvals, originally scheduled to expire on June 1, 2000, until to December 1, 2001. According to EPA, this action will allow the time needed for permitting authorities to correct all remaining interim approval deficiencies and obtain full approval for their operating permits programs. The regulatory amendments published today will take effect on May 31, 2000. For those programs whose interim approval expiration dates are amended by this action, interim approval will expire on December 1, 2001. Any program revisions necessary for a program to obtain full approval must be submitted to EPA not later than June 1, 2001.

  • STAPPA/ALAPCO's Comments on EPA's New Source Review (NSR) Clean Unit Exemption (May 5, 2000) -- This document, comprised of a May 5, 2000 memorandum to Bill Harnett, EPA-OAQPS from STAPPA/ALAPCO's NSR Subcommittee, contains the associations' comments on EPA's April 6, 2000 NSR Clean Unit Exemption proposal.

  • STAPPA and ALAPCO's Letter U.S. Senate Environment and Public Works Committee in Support of Increased Funding for EPA's BACT/LAER Clearinghouse (May 5, 2000) -- This document contains STAPPA and ALAPCO's letter to Senator Bob Smith, Chairman of the Senate Environment and Public Works Committee expressing the associations strong support for a more robust BACT/LAER Clearinghouse and urging the Senate to significantly increase EPA's budget to allow the agency to strengthen this important environmental tool.

  • STAPPA and ALAPCO's Comments EPA's Preliminary Draft Guidance on BACT and LAER for Tier2/Gasoline Sulfur Refinery Projects (65 FR 16364) (May 2, 2000) -- This document contains the associations' comments on EPA's draft guidance, which according to EPA, is designed to provide greater certainty and to expedite the NSR permitting process for refinery projects undertaken to comply with the recently issued gasoline sulfur standards.

  • Appalachian Power Company et al v. EPA (April 17, 2000) -- This document contains the April 14 U.S. Court of Appeals for the District of Columbia Circuit decision regarding EPA�s 1998 Periodic Monitoring Guidance for Title V Operating Permits. Specifically, this decision sets aside EPA�s guidance in its entirety, and specifically says that states cannot use the guidance or EPA�s existing operating permit regulations to require more frequent monitoring of emissions than provided for in existing state or federal standards, unless that standard requires no periodic testing, specifies no frequency, or requires only a one-time test.
  • EPA's Draft Utility Off-Ramp Proposal on NSR Reform and
  • EPA's Draft Clean Unit Exemption Proposal on NSR Reform (April 7, 2000) -- These documents contain the Agency's most recent proposals on New Source Review Reform.

  • EPA's Draft Guidance on BACT and LAER for Tier2/Gasoline Sulfur Refinery Projects (65 FR 16364) (March 28, 2000) -- This document contains a EPA's preliminary draft guidance on BACT and LAER for Tier2/gasoline sulfur refinery projects. According to EPA, the purpose of the guidance is to provide greater certainty and to expedite the NSR permitting process for refinery projects undertaken to comply with the recently issued gasoline sulfur standards. The Permitting Committee is coordinating comments on this guidance. Comments are due to EPA by April 27, 2000. For more information, contact Geri O'Sullivan of STAPPA/ALAPCO at gosulliv@sso.org.

  • EPA's Proposed Revisions to Part 70 (March 15, 2000) -- This document contains EPA's proposed revisions to Part 70's Public Participation Requirements for Air Permits.

  • STAPPA/ALAPCO's March 14, 2000 Letter to EPA Regarding NSR Reform (March 15, 2000) -- This document contains STAPPA/ALAPCO's letter to John Seitz clarifying the associations' position on the various industry proposals for NSR reform.

  • EPA's Draft Response to Title III/V Interface Issues (March 14, 2000) -- This document contains EPA's response to STAPPA/ALAPCO's August 3, 1999 letter regarding EPA's original memo on Title III/V interface issues.

  • EPA's Plan for Public Involvement in the Title V Program (March 3, 2000) -- This document contains a copy of the Office of Air And Radiation's (OAR's) plan for public involvement in Title V processes. Specifically, it outlines the steps that OAR and the Regional Offices will take in conjunction with state, local and tribal governments to increase the effectiveness of public participation in Title V.

  • EPA's Proposed Rule Extending Operating Permits Program Interim Approval Expiration Dates (65 FR 7333) (February 14, 2000) -- This document contains the Federal Register notice publishing EPA's proposed amendments to the Title V operating permits regulations. The proposed amendments would extend up to June 1, 2002, all operating permits interim approvals. All comments on this proposed rule should be submitted directly to EPA by no later than March 15, 2000.

  • EPA's Third Extension of January 25, 1995 Potential to Emit Transition Policy (January 6, 2000) -- This document contains an EPA memorandum dated December 20, 1999, further extending EPA's January 25, 19995 extension policy until December 31, 2000 for all state and local permitting agencies; it may also be further extended until June 30, 2001, for those permitting agencies that demonstrate by June 30, 2000 an additional six months is necessary.

  • New Source Review Pre-construction Permitting Activities (January 3, 2000) -- This document contains a draft summary of state and local agency responses to EPA's request for information regarding NSR pre-construction activities.

  • Evaluation of EPA's Citizens Title V Pilot Training Program (December 8, 1999) -- This document contains a summary of evaluations from EPA's Citizen Title V pilot training workshop which was held on May 15-16, 1999 in Cleveland, Ohio.

  • Title V Self-Certification Advisory Group Documents (November 30, 1999) -- This document contains minutes from the Advisory Group's November 1, 1999 kickoff meeting, as well as a memo on suggested critical data elements, and a sample Title V Annual Compliance Certification Report Form.

  • STAPPA/ALAPCO's Comment Letter on EPA's Transition Policy (November 1999) -- This document contains STAPPA and ALAPCO's letter to EPA urging the agency to further extend its January 25, 1995 transition policy for potential to emit (PTE) limits relative to Maximum Achieveable Control Technology (MACT) standards until December 31, 2004.

New Source Review (NSR) Reform Documents:


State and Territorial Air Pollution Program Administrators /
Association of Local Air Pollution Control Officials
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