Attachment 2

Questions

Questions for consideration in developing ideas for a new applicability approach are listed below:

1.	Would grandfathering end on a fixed calendar date? How would EPA and the States verify evidence (via a permit) of compliance by the several thousand sources subject to the requirements as of a particular point in time? Would some other triggering mechanism be employed such as the expected life of the facility or oldest emissions units, or the first modification after a fixed date, or some combination of these?

2.	If grandfathering were to end on a fixed date what would that date be?

3.	What, exactly, triggers NSR at the end date? The mere reaching of that date, or some event at the source after the end date such as a physical modification?

4.	What, exactly, is the obligation when NSR is eventually triggered? BACT or LAER depending on area attainment status? Could the fact that a unit installed BACT/LAER in the past influence the technology requirement, and if so, by how much?

5.	Is a presumptive BACT/ LAER requirement feasible? What mechanisms can EPA use to ensure that control technologies and pollution prevention evolve? For example are there ways to get more submittals to the RACT/BACT/LAER Clearinghouse?

6.	Is there a statutory basis for such an approach? Are there related issues that in order to resolve will lead to a test that is as complex as the existing one?

7.	What other alternatives to this approach should be considered? These might include declining emission caps or other market-based approaches which set an area-wide, statewide, or regional emissions cap at a certain level at a certain point in time, while still guarding against local adverse impacts.

8.	How does the new approach for NSR fit with efforts to encourage utilities to voluntarily increase efficiencies of generating electric power and engage in other carbon emission reduction efforts?

9.	Can such an approach be supported by a sufficiently wide number of stakeholder groups to conclude that it has a significant chance for being promulgated in a reasonable time frame?

10.	If there is widespread support for a new applicability test and EPA decides to move
forward, how should the EPA handle some of the non-applicability issues addressed in	the current NSR Reform rulemaking?

11.	Should this approach be mandatory? Should it completely replace the current system or

be a discretionary option?

12.	What are the consequences, either positive or negative of ending netting?