OAR Policy and Guidance Metarecord
"Effective" limits on Potential to Emit
1/25/95 memo from Seitz and Van Huevelen; 11/14/95 Seitz Memo
|Signed by: Mary Nichols, Assistant Administrator for Air and Radiation
Signature Date: January 31, 1996
Information Transfer and Program Integration Division (OAQPS)
Policy & Guidance Memos
EPA Document Number:
This 1/31/96 letter and attachment were sent to members of the Subcommitte on Permits, New Source Review and Toxics Integration. The letter and attached discussion paper explore the options EPA is considering in the wake of the National Mining Association decision regarding federal enforceability. Two approaches are being considered and are discussed in detail:
(1) recognizing "effective" State-enforceable requirements as limiting a source's PTE and
(2) retaining federal enforceability as a necessary condition of effective limits, but taking comment on options for streamlining administrative requirements for creation of federally enforceable limits.
In dealing with this issue, EPA feels it is critical to recognize that the "effectiveness" of limits includes considerations other than who may enforce them. Effectiveness can be broken down into component parts:
Enforceability as a practical matter (limitations written so that it is possible to verify compliance and document violations);
Compliance incentive effectiveness (sufficient incentive for a source to comply with the limit); and
State program effectiveness (including the adequacy of a permitting authority's enforcement authority and the level of resources available).
In the interim, EPA plans to extend the transition period for §112 and Title V in the 1/25/95 policy memo (see A.7.6) from 1/25/97 to the date needed to establish the revised policy.