Donald K' Shandy

1
AN INSIDER VIEW TO THE COLORADO EXCESS EMISSIONS
RULE

• Donald K. Shandy
• Ryan, Whaley Coldiron, P. C.
• 900 Robinson Renaissance, 119 N.
  Robinson
• Oklahoma City, Oklahoma 73102
• Telephone [phone]
• Email dshandy_at_ryanwhaley.com
• October
  12, 2007

2

• ? Colorados Upset Conditions Rule
• historically has been very similar
  to
• Oklahomas rule
• ? Addresses malfunctions and
• startup and shutdown scenarios
• ? Contained exemption language
• ? Oklahoma currently exempts excess
• emissions from compliance with air
  emission
• limitations established in permits,
  rules, and
• orders of the DEQ . . .

3

• In 2001, EPA letter to Colorado indicated that
  its rule was inconsistent with federal Clean Air
  Act
• Colorado declined to revise the rule
• June 1, 2006, Rocky Mountain Clean Air Action
  filed a Notice of Intent to Sue at EPA
  Headquarters
• EPA Region 8 agreed with RMCAA
• May 2006, Colorado APCD began stakeholder
  meetings

4

• Should every excess emission be a violation?
• ? CAA
• ? EPA Guidance
• ? Two Options
• ? Option 1 (RMCAA)
• ? Option 2 (CACI)

5
Anatomy of a Settlement ? RMCAA ?
EPA Headquarters and Region 8 ? CACI

6

• The Agreement Affirmative
• Defense to Civil Penalties

7

• Where does Oklahoma go from here?