Message from the Chair

Bernard Hawkins
Nelson, Mullins, Riley &
Scarborough, L.L.P.
Bfh@nmrs.com

The year 2002 certainly closed with a bang. The long awaited (emphasis on long) NSR final rule addressing such items as Clean Units, Plantwide Applicability Limits, Pollution Control Projects, Actual-to-Projected-Actual Methodology for determining significant emission increases and the revised method for calculating Baseline Actual Emissions was released in November. This document weighs in at a whopping 625 pages, and to further explain these revisions, EPA released a comprehensive Technical Support Document for the Prevention of Significant Deterioration and Nonattainment Area New Source Review Regulations (adding several hundred pages for your edification). Concurrently, EPA proposed an NSR reform rule addressing what constitutes routine maintenance, repair and replacement (totaling another 151 pages). Thus, there is plenty of new information to read in your spare time. I was recently asked to provide a list of the three hottest topics for air lawyers. My response: 1) NSR Reform; 2) NSR Reform and 3) NSR Reform. My wish, of course, is that someone read all this for me, understand it and concisely summarize it all NSR revisions (and proposed revisions) into 10 pages or less. All kidding aside, theseobviously have the potential to have a significant impact on the way NSR is implemented (unless it all becomes moot with the advent of Clear Skies) and are obviously a focal point of discussion among air lawyers. There are many remaining questions about how and when the new regulations will be implemented and what (if anything) they mean for existing situations. We are in the process of scheduling a teleconference on these changes and proposed changes (i.e., to occur as soon as enough people can get through all the materials to form a panel for discussion).

In addition to NSR revisions (as if that wasn’t enough/or as if we really were going to talk about anything else), in another significant development, on December 9, EPA released the proposed settlement on 112(j) implementation. 67 Fed. Reg. 72875 (Dec. 9, 2002). This proposed regulation provides the revised plan for submission of Part 2 applications under the 112(j) process. As you may have seen, the AQC broke the news regarding this settlement on the “Update: Clean Air Act” Satellite Seminar’s Air Toxics Panel, Nov. 14, 2002, the day after the terms had been reached in principle. The AQC’s panel proposal for the 32nd Annual Conference on Environmental Law at Keystone, Colorado focuses, in part, on this settlement as well as implementation issues as discussed below.

In terms of Air Quality Committee activities, as I mentioned, we are in the process of planning a teleconference to address NSR reforms. This will be announced soon. On Nov. 14, 2002, members of the Air Quality Committee, working closely with our co-sponsors, the Air and Waste Management Association (A&WMA) and EPA, produced the “Update: Clean Air Act” Satellite Seminar in Washington, D.C. and broadcast the seminar to over 75 sites nationwide. The seminar consisted of four panels: Ambient Standards, Transportation Conformity Demonstration, Air Toxics, and NSR. For this seminar, the AQC chose to depart from tradition and have four different moderators for the four panel sessions, two of them A&WMA members. These changes were well-received, judging from the comments and feedback so far. The seminar had 525 registrants, and sold a lot of book and tape sets as well. Special thanks to all those involved in planning and execution of this seminar. This was a major undertaking and the materials were excellent.

In addition, the Keystone planning committee accepted an AQC proposal to address recent air developments at the March 13-16, 2003 conference. The air panel session will be a “hot topics” panel, addressing NSR Reform, Air Toxics, Title V and Ambient Standards issues, including designation issues and nonattainment practice. We are currently formulating proposals for the 11th Section Fall Meeting. Another major effort underway is finalizing the second edition of the Clean Air Handbook, expected to be published in 2003. Last, but certainly not least, we are in the process of summarizing the regulations and judicial developments for 2002 edition of The Year in Review (a special thanks to Jonathan Martel and the other folks participating in this process as it takes a significant chunk of time out of the holidays to complete copy for this publication).

A special recognition is also in order for those that continue to make this a great newsletter. An essential part of the success of this publication came from the hard work and tireless dedication of Kathy Bailey and Alexa Cole. We owe them many thanks. Remember that for 2002-03, Mary Ellen Ternes (met@nmrs.com) has taken over the responsibility for coordinating newsletter publications.

Again, I wish to thank all of those that helped make this another good year for AQC activities. I look for more participation in the coming year. As always, do not hesitate to call or e-mail me with suggestions, requests to get involved or with specific proposals you would like to see us address. I close by wishing you all a wonderful 2003.