Comment submitted by Robert D. Bessette, President, Council of Industrial Boiler Owner (CIBO)

Comments of the Council of Industrial Boiler Owners April 17, 2009 VIA E-DOCKET U.S. Environmental Protection Agency Air & Radiation Docket 1200 Pennsylvania Ave. NW, Mail Code 6102T Washington, DC 20460 Attn: Docket ID No. EPA-HQ- OAR–2003–0064 Re: Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Aggregation 74 Fed. Reg. 11,509 (March 18, 2009) Dear Sir or Madam: The Council of Industrial Boiler Owners ("CIBO") appreciates the opportunity to comment on EPA's proposal to delay the effective date of the final rule addressing Aggregation under the NSR and PSD programs, published in the Federal Register on January 15, 2009. CIBO is a broad-based association of industrial boiler owners, architect-engineers, related equipment manufacturers, and university affiliates with over 100 members representing 20 major industrial sectors. CIBO members have facilities in every region of the country and a representative distribution of almost every type of boiler and fuel combination currently in operation. CIBO was formed in 1978 to promote the exchange of information within the industry and between industry and government relating to energy and environmental equipment, technology, operations, policies, law and regulations affecting industrial boilers. Since its formation, CIBO has been active in the development of technically sound, reasonable, cost-effective energy and environmental regulations for industrial boilers. CIBO supports regulatory programs that provide industry with enough flexibility to modernize – effectively and without penalty – the nation's aging energy infrastructure, as modernization is the key to cost-effective environmental protection. CIBO supports EPA's efforts to bring long-overdue clarity to the NSR program and opposes any further delay in the implementation of this final rule. The final NSR Aggregation Rule was published in the Federal Register on January 15, 2009 (74 Fed. Reg. 2376). The rule explains that source owners and permitting authorities should combine physical or operational changes for the purpose of evaluating whether they are a single change resulting in a significant emissions increase when the changes are "substantially related." To be substantially related, there should be an apparent technical or economic interconnection between the changes, or a complementary relationship whereby a change may exist and operate independently but its benefit is significantly reduced without the other change. Although timing alone is not an adequate basis for determining aggregation, the rule also established that a period of three or more years between plant modifications created a rebuttable presumption that the changes are not substantially related. EPA first stayed the effective date of this final rule on February 9, 2009, in response to a White House memorandum directing that Executive Branch agencies extend the effective dates of certain rules that were published before January 20, 2009 but were not yet effective. On February 13, 2009, in response to an NRDC petition, EPA announced a reconsideration proceeding and an administrative stay, delaying the effective date for three months until May 18, 2009. EPA now proposes to delay the effective date for an additional six months, until November 18, 2009, to allow more time for conducting reconsideration proceedings. Additionally, EPA seeks comment on longer periods for a delay of effectiveness: nine additional months (until February 18, 2010) or twelve additional months (until May 18, 2010). The issue of NSR reform and its ramifications is very well known to the Agency. EPA's approach to Aggregation prior to the clarifying Rule at issue here created an untenable situation for regulated sources. That approach discouraged plant modernization and energy efficiency, and created an untenable amount of uncertainty for sources through the lack of clarity and changing agency interpretations of its rules. Further delay in administrative reforms regarding aggregation is wholly inappropriate. Varying interpretations of aggregation policy have been confusing to agencies and industry alike. This final rule offers a more accurate basis for regulating facilities and provides greater certainty for operations and actions that actually prevent pollution. Without timely clarification, the current NSR program will continue to undermine the ability of facilities to increase their efficiencies and adapt to the ever-increasing pressures of the declining economy and increasingly competitive international market. Ample consideration has been given to this effort. EPA should not further delay the effectiveness of this final rule. If you have any questions concerning our comments or require clarification, please contact me at 703.250.9042. Thank you for your consideration. Sincerely yours, /s/ Robert D. Bessette Robert D. Bessette President, Council of Industrial Boiler Owners