Important Documents

• D.C. Circuit Court of Appeals decision in Environmental Integrity Project v. EPA (October 14, 2005) -- Court vacated EPA�s �Umbrella� Monitoring Rule on the grounds that the final rule (2004) was not a logical outgrowth of the proposed rule (2002). Until EPA promulgates a rule in accord with notice and comment procedures, states that do not have their own statutory provisions for supplementing inadequate periodic monitoring are able to add requirements for such monitoring in Title V permits.
   

• STAPPA/ALAPCO Letter to House of Representatives Opposing H.R. 3893, the �GAS Act�, as Revised by Manager�s Amendment (October 7, 2005) � To view Chairman Barton�s Manager�s Amendment, click here. To view a letter of opposition from the National League of Cities, U.S. Conference of Mayors, National Association of Counties and National Conference of State Legislatures, click here.
   

• STAPPA/ALAPCO Letter to House of Representatives Opposing H.R. 3893, the �GAS Act� (October 6, 2005)
   

• S. 1772, Senator Inhofe�s �Gasoline PRICE Act� (September 26, 2005)
   
• STAPPA/ALAPCO Letter to House Committee on Energy and Commerce on H.R. 3983, the �Gasoline for America�s Security Act of 2005� (September 27, 2005) � To view H.R. 3983, click here; the E&C Committee is scheduled to mark up this bill on September 28, 2005. To view a letter from ECOS, click here.  To view a letter from the National Conference of State Legislatures, click here.  To view a letter from six groups representing state and local elected officials, click here. To view the U.S. Conference of Mayors� statement on the bill, click here.  To view the National League of Cities� statement, click here.
   
• STAPPA and ALAPCO Comment on Startup, Shutdown, Malfunction Plan Reconsideration (September 13, 2005)
   
• Plaintiffs' Opening Brief in Equipment Replacement Rule Challenge (September 9, 2005) -- This opening brief was submitted to the U.S. Circuit Court of Appeals for the District of Columbia.
   
• Kentucky Officer's Report and Recommendation in Thoroughbred Generating Company Case (August 15, 2005) --  The hearing officer recommended that the Kentucky Division of Air Quality reconsider BACT for the generating station, including IGCC and coal washing, in addition to other recommendations relating to the fact that the proposed location would impact a PSD Class I area, Mammoth Caves.
   
• EPA Presentation on Flexible Air Permits (August 15, 2005) -- This presentation was made by Bill Harnett at the CAAAC meeting on July 28, 2005. EPA intends to propose a flexible permit rule that will allow facilities to make modifications and other changes to emissions units without the usual procedural requirements for Title V if they are able to meet certain criteria. The presentation notes that a flexible permitting proposal would be consistent with the D.C. Circuit Court of Appeals recent decision in N.Y v. EPA (June 24, 2005) upholding PALS, or plantwide applicability limitations. Flexible permits for Eli Lilly and 3M were presented at CAAAC as examples of successful flexible permitting.
   
• STAPPA/ALAPCO Spring Membership Meeting Presentations (June 1, 2005)
   
• STAPPA/ALAPCO�s Comments on EPA�s Proposal to Exempt from Title V Permitting Five Area Source Categories that are Subject to NESHAPS (May 26, 2005) --  These comments supporting EPA�s exemption of five area source categories from Title V permitting requirements were filed May 24, 2005.  The associations urged EPA to finalize the exemptions expeditiously and also stated that EPA should not require rescission of existing Title V permits in cases in which states or localities may have already issued them.  Rather it should be the choice of state and local agencies whether to require Title V�or general�permits for these sources.  
   
• STAPPA/ALAPCO PSD Subcommittee�s Review of WESTAR�s PSD Reform Recommendations (May 19, 2005) --  Click here to view WESTAR�S final Recommendations dated April 7, 2005. Click here for New Jersey's comments. Click here to view New York's recommendations.  Click here to view Florida's comments. Click here to view STAPPA/ALAPCO letter memorializing the associations� reactions to the WESTAR Recommendations.
   
• STAPPA/ALAPCO Letter to Congress Opposing Two Provisions of the House Energy Policy Act of 2005 (April 11, 2005) � In the letter, the associations urge House Energy and Commerce Committee Chairman Joe Barton (R-TX) and Ranking Committee Member John Dingell (D-MI) to move to strike the �Refinery Revitalization Act of 2005,� found in Subtitle D of Title III of the bill and provisions for �reducing the proliferation of boutique fuels,� found in Subtitle C of Title XV.
   
• NSR Interim Guidance for PM2.5 Nonattainment Areas (April 5, 2005)
   
• Notice of Reconsideration of Application of NSR under the 8-hour Ozone Rule (March 31, 2005) --  EPA requests comment on whether it should interpret the Act to require areas to retain nonattainment emissions thresholds and offset requirements that applied under the 1-hour ozone standard in order to prevent backsliding in those areas when they are subject to new classification (eg moderate, severe, extreme etc) under the 8-hour ozone standard. There is a hearing on this on April 18 in Raleigh. Click here for a fact sheet. Click here for the Federal Register notice, published on April 4, 2005.
   
• STAPPA/ALAPCO Comments on Title V (March 31, 2005) -- These comments were submitted by STAPPA and ALAPCO for the consideration of the Title V Task Force as it drafts recommendations for revising Title V that will be reviewed by EPA.  The associations urged streamlining of Title V requirements relating to insignificant emissions units, focus by the Task Force on how best to incorporate MACT standards into permits, encouragement of public process requirements when interest in high�but relaxation of such requirements when it is not, and various other changes.
   
• Proposal to Exempt Area Sources Subject to NESHAP from Federal and State Operating Permit Programs (March 25, 2005) -- This proposed rule would exempt five area source NESHAPs categories from Title V permitting requirements.  Deferrals from permitting requirements expired December 9, 2004.
   
• Substantial Changes Needed in Implementation and Oversight of Title V Permits If Program Goals Are to be Fully Realized (March 11, 2005) --  This EPA OIG report was based on an examination of forty Title V permits in four states.  It concludes that permit clarity, monitoring, statements of basis, and annual compliance certifications varied significantly across permitting authorities and need improvement.  The OIG also found that overly general monitoring and testing requirements potentially affected the practical enforceability of some of the permits. The report recommends that EPA issue nationwide guidance on statement of basis and annual compliance certifications, a recommendation not embraced by EPA.  Other specific recommendations were made at the end of each chapter.
   
• STAPPA/ALAPCO Comments on EPA's Proposal to Include Additional Data Elements in ICR ( March 7, 2005) -- These comments were submitted to the EPA's docket on March 7, 2005   The associations stated that, although the national consensus was that there be no new data reporting requirements, that the Subpart Identifier and 60-day time frame for reporting would be acceptable.
   
• EPA�s Proposed Rule on NOx  Increments (February 18, 2005) -- This proposed rule responds to the settlement arrived in EDF v EPA, under which EPA agreed to examine the particular considerations of the PSD program and make any revisions necessary to its regulation of NOx.
   
• EPA Technical Support Document Justifying ICR for Compliance-Related Data (February 4, 2005) --  EPA has released the technical support document that justifies an ICR that increases the compliance-related data reporting requirements for state and local agencies. Titled �Agency Information Collection Activities: Request for Comments on Source Compliance and State Action Reporting Proposed Information Collection Request (ICR) Number 0107.08, OMB Control Number 2060-0096,� the request for comment sets forth new requirements for mandatory reporting of on-site partial compliance evaluations (PCEs), a requirement that data be reported every 60 days (as opposed to the former quarterly time frame), and other data elements:  The ICR is now being considered by OMB.  Comments filed in EPA�s electronic docket system will go to OMB.  All comments are due by March 7, 2005. Click here of information on how to file comments.
   
• STAPPA/ALAPCO Testimony Before the Title V Task Force (February 4, 2005) -- This testimony will be presented by Jack Broadbent, ALAPCO Chair of the Monitoring Committee, before the Title V Performance Task Force of the CAAAC on February 7, 2005 in San Francisco, CA.
   
• National Academy of Sciences' Interim Report on NSR (January 13, 2005) -- The National Academy of Sciences today released it Interim Report on the new source review (NSR) reforms that were promulgated on December 31, 2002 and October 27, 2003.  The Committee on Changes in New Source Review Programs for Stationary Sources states, �As it carries out its charge, the Committee is considering a number of relevant scientific and technical documents prepared by EPA, other federal agencies, industry, environmental and nongovernmental organizations. The Committee expects to provide its perspective on several of these documents in its final report.�  The final report will be published in late 2005. Meanwhile, the Committee concludes (page 17) that �[I]n general NSR provides more stringent emission limitations for new and modified major sources than do the EPA programs [CAIR and Clear Skies].�  The Committee notes that it heard testimony from many witnesses in hearings held in May, including William Becker representing STAPPA and ALAPCO.
   
• STAPPA/ALAPCO Fall Membership Meeting Presentation on CAAAC's Title V Performance Task Force (October 29, 2004)
   
• Indiana's Website for Title V Permit Renewal Applications (October 20, 2004) -- Discussion of ways to insure that the Title V renewal applications do not require duplication of information already obtained by the permitting agency was in our October 13 Permitting Committee call. A few state and local agencies volunteered to share their renewal application procedures.
   
• Environmental Integrity Project Report : "Gaming the System" (August 18, 2004) -- This report focuses on emissions from malfunctions in 29 states and their often startlingly large contribution to total emissions of various pollutants.
   
• �Renewal Short� form for Part 70 Permit Renewals (October 14, 2004) -- This form was developed by Chatanooga, Tennessee in coordination with EPA Region 4.  The form, intended for use by sources which need to make few changes from their original Title V permit submissions, may be useful to other permitting agencies.
   
• Presentations at the STAPPA/ALAPCO and EPA 2004 Permitting Workshop (October 4, 2004) -- This workshop was held September 28-29, 2004 in Kansas City, MO
   
• STAPPA/ALAPCO Comment on EPA's Equipment Replacement Rule Reconsideration (August 30, 2004) -- STAPPA and ALAPCO submitted comments to EPA in response to EPA�s July 1, 2004 Notice of Reconsideration, 40 CFR Parts 51 and 52 �Prevention of Significant Deterioration (PSD) and Non-Attainment New Source Review (NSR): Equipment Replacement Provision of the Routine Maintenance, Repair and Replacement Exclusion; Reconsideration.�  Specifically, the associations stated that they strongly oppose the Equipment Replacement rule and believe that if implemented, it will allow many industrial and utility sources of air pollution to modify their process equipment and increase emissions of pollutants without NSR permitting, air quality analysis or installation of pollution control equipment. The associations further stated that they advocate development of a list of routine and non-routine activities that would clarify the �routine maintenance� exception.
   
• Policy and Planning Subgroup  Conference Call Materials (July 20, 2004) -- The Policy and Planning Subgroup of the CAAAC Air Quality Management Work Group is chaired by Lydia Wegman (EPA) and David Shaw (NY).  These materials were transmitted to this 15-member subgroup for a conference call held July 14, 2004. They include: the Policy and Planning Group Draft Work Plan ; selected Findings of the NAS Committee on Air Quality�Regional and National strategies ; Key Ecosystem Recommendations ; a list of the members of the Policy and Planning Subgroup ; and a SIP Concept Paper.
   
• Air Quality Management in the United States (July 20, 2004) -- This National Academy of Sciences report was released in January 2004 by the Committee on Air Quality Management of the National Research Council. The report examines the role of science and technology in the implementation of the Clean Air Act.  It is presently being used as the basis for examination and evaluation of the SIP process by the CAAAC Air Quality Management Work Group led by Greg Greene of EPA and Janet McCabe, Director of the Indiana Department of Environmental Management.
   
• Presentations at the June 23, 2004 CAAAC Meeting (July 12, 2004) -- They include the presentation on the Texas Air Quality Management Plan, the schedule and organizational structure that was the outgrowth of the "Air Quality Work Group Planning Meeting," whose goal is to improve the SIP process, a presentation titled "An Update of the Mercury Rule" by Sally Shaver, a presentation titled "Community Action for a Renewed Environment," and presentations on Clean Diesel and Radon and Indoor Air Pollution.
   

• CAPCOA's White Paper on AFOs and CAFOs (July 12, 2004) -- For those of you considering adopting regulatory programs that would require emissions from AFOs and CAFOs to be permitted under Title V and NSR, Doug Quetin, Co-Chair of the STAPPA/ALAPCO Agriculture Committee, notes that a White Paper developed by California may be helpful. The legislation enacted last summer by California that requires T V and NSR permitting for AFOs and CAFOs can also be found on the page. 
   

• Draft EPA "Guidance on Airport Emission Reduction Credits for Early Measures through Voluntary Airport Low Emission Programs" (June 30, 2004) � Comments on this draft should be submitted directly to Dave Stonefield of EPA OAQPS Stonefield.Dave@epamail.epa.gov by July 16, 2004.
   

• NESCAUM's Analysis of EPA's Changes to RMRR (June 2004) -- This Northeast States for Coordinated Air Use Management (NESCAUM) report quantifies potential emission increases in New England associated with EPA�s proposed changes to the New Source Review (NSR) routine maintenance, repair and replacement rule (RMRR) (�the Equipment Replacement rule�). The report concludes that, �New England�s unenviable position at the end of the nation�s �tailpipe� will result in the Northeast bearing the brunt of the emissions increases that do occur as a result of EPA�s NSR changes.� The report examines publicly available permits, emissions inventories and compliance information to determine allowable and actual emission levels at 308 facilities in six states.
   

• STAPPA and ALAPCO�s Letter to Congress Opposing H.R. 4517, the United States Refinery Revitalization Act of 2004 (June 14, 2004)
   

• H.R. 4517, the �United States Refinery Revitalization Act of 2004� (June 4, 2004) � Introduced by Rep. Joe Barton (D-TX), Chairman, House Energy and Commerce Committee.
   

• Title V Task Force Notice for Participation (May 25, 2004) -- This is the Federal Register notice that solicits applications for membership in a Title V Task Force that will produce an report evaluating Title V Permitting that will be submitted to the Permitting/Toxics Subcommittee of the Clean Air Act Advisory Committee (CAAAC). The notice also announces the schedule for upcoming CAAAC public meetings.
   

• CAAAC Meeting Presentations (March 23, 2004) -- Click here to view Bill Harnett's (EPA) PowerPoint presentation on NSR. Click here for the  Umbrella Monitoring presentation given by Steve Hitte (EPA).
   

• Memorandum of Understanding Between EPA and North Dakota (February 24, 2004)-- This memorandum establishes revisions to the state�s modeling protocol for PSD permitting.
   

• New Source Review Reform, January 2004 Update (January 23, 2004) --  This presentation was drafted by John Paul, Co-Chair of the New Source Review Subcommittee.  It provides a comprehensive snapshot of all recent NSR rules and events, including a map of the country divided into delegated and non-delegated states etc.  Also provides lists of the NSR litigants on both sides and in both cases (Dec 2002 and Oct 2003).
   

• Petition for Reconsideration of December 24, 2001 RMRR Rule (January 23, 2004) -- This petition was filed on January 16, 2004 by several environmental groups challenging the Equipment Replacement rule and seeking reconsideration of the rule, which was promulgated October 27.
   

• Alaska Department of Environmental Conservation (DEC) v. EPA, et. al. (January 21, 2004) -- This is the Supreme Court opinion that established by a 5-4 majority that the Clean Air Act authorized EPA to stop construction of a major pollutant-emitting facility permitted by a state authority when EPA  found that an authority�s BACT determination was unreasonable.  Alaska had issued PSD permits to Teck Cominco�s Red Dog Mine and had alleged that its BACT choice of low-NOx should be upheld on the grounds that the Clean Air Act allows the technology choice to be made by �the permitting authority.�  The Supreme Court, however, upheld EPA�s stop-construction orders and the agency�s choice of selective catalytic reduction.
   

• EPA Guidance Documents Quantifying and Taking SIP, Conformity and NSR Credit for Emission Reductions Related to Diesel Truck and Locomotive Anti-Idling Measures (January 14, 2004) � The three guidance documents address 1) SIP and transportation conformity credits for truck anti-idling (click here), 2) SIP credits for locomotive anti-idling (click here) and 3) NSR offsets for locomotive and truck anti-idling (click here).  To view a memorandum from Steve Page, Director of EPA OAQPS, transmitting the NSR offset guidance to regional air division directors, click here.
   

• STAPPA and ALAPCO Comments on NOx Regulations for PSD (January 7, 2004) --  These comments were filed in support of the consent agreement between Environmental Defense and EPA in which EPA agrees to propose NOx regulations for PSD areas by September 30, 2004 and to finalize the regulations by September 30, 2005.