January 31, 1997

Ms. Felicia Marcus
Region IX Administrator
United States Environmental Protection Agency
75 Hawthorne Street
San Francisco, California 94105

Dear Ms. Marcus:

          Thank you for meeting with us on January 28, 1997, to discuss our concerns associated with the integration of the federal air toxics program with California's existing air pollution control program. The Air Resources Board (ARB) and the California Air Pollution Control Officers Association (CAPCOA) have been working on this problem for over three years with very little progress being made. Consequently, we are now seeking your help to find a mutually acceptable solution.

          As you heard, representatives of California government, industry, and environmental groups all believe that program integration issues are a major problem that need to be resolved. You also heard that we are all committed to achieving the environmental benefits of the federal air toxics program in a way that includes reasonable, understandable, and practically enforceable compliance and enforcement measures being imposed on the affected businesses.

          During the meeting, we proposed that a high-level negotiating team be formed to meet continuously in the month of February until a satisfactory resolution can be found. We proposed that the team consist of representatives from the California Air Pollution Control Officers Association, Air Resources Board, affected industry, environmental community, United States Environmental Protection Agency (U.S. EPA) Region IX, and U.S. EPA headquarters. We envision that the team would use the draft amendments to the Title 40, Code of Federal Regulations, Part 63, Subpart E rule (Subpart E rule) as the negotiating mechanism. In addition, we requested that the draft amendments to the Subpart E rule not be sent to the Office of Management and Budget until a consensus on the Subpart E rule has been reached.

          At your request, a meeting with only a few representatives has been scheduled for February 5, 1997, from 2:00 p.m. to 4:00 p.m. to discuss our concerns in more detail. We do, however, still believe that a prompt response to our request is necessary as the Subpart E rule is about to be released to the public. Consequently, we ask that you respond to us by February 6, 1997.

Ms. Felicia Marcus
January 31, 1997
Page Two

          Again, thank you for meeting with us. We look forward to working with you to find acceptable solutions. If you have any questions, please call Mr. Kenny at (916) 445-4383, or Mr. Boese at (209) 497-1000.


cc:      Mr. David Howekamp, U.S. EPA