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I. OVERVIEW

The Research and Development (R&D) Stakeholders' Task Force held a conference call on December 4, 1997 to discuss the milestones set forth at the R&D Stakeholders' Meeting on November 18, 1997. The group had previously been called the Wise Council. There was a request to change the name to something other than the Wise Council. The name R&D Stakeholders' Task Force was adopted, and will be used for future references to the group.

II. ACTION ITEMS

1. Keith Barnett will develop an outline of the information necessary to make a listing decision, and will send it to Task Force members by December 18, 1997.

2. Keith Barnett will develop guidance on what will or will not be considered in the definition of R&D. The guidance will be sent out by December 18, 1997, and the task force members will provide input within three to four weeks from January 1, 1998.

3. Input on the consideration of other regulations impacting R&D should be completed by the end of January, 1998.

4. Keith Barnett will consult EPA's Office of General Council (OGC) on the application of potential to emit (PTE) for R&D operations.

5. The next conference call was set for 10:30 am to Noon (EST) on Wednesday, January 7,1998

III. MEETING SUMMARY

The meeting discussed the agenda items in order, as follows. Recommendations concerning each item were developed.

1. Develop an outline of the information necessary to make a listing decision.

2. Keith Barnett tasked himself with making this outline available within two weeks (December 18, 1997). He will include statutory listing issues in the outline. It was concluded that the criteria that will be used for decision making could be deferred until later, when possibilities under the law could be considered. Task force members will review the outline that Keith develops.

3. Develop a clearer sense of what is meant by R&D, including definitions of labs, pilot plants and other types of R&D. Subtask: Input from industry describing what they might consider R&D or think we would consider R&D for each industry segment represented on the council.

4. Initially, Keith requested that each of the task force members compile a list of activities that they believe may or may not be R&D. The list would be used to get a better idea of what is the set of existing operations. With this information, it would be easier to determine clearer definitions of R&D.

There was a discussion of how to determine what things should be included or excluded from such a list. Specifically, should industry provide lists of what they consider R&D, or thing's we might consider R&D, or should we first list processes that would definitely not be considered R&D. There was mention of using the definitions of R&D set forth by other statutes. This idea was put aside in favor of looking only at the Clean Air Act (CAA) section 112(c)(7) definition of R&D for the purposes of this project.

It was concluded that Keith Barnett would put together guidance on what processes, practices, etc. that he knows about that might be considered R&D, and a list of processes that would not be considered R&D (for example QA/QC laboratories). The guidance will be sent out by December 18, 1997, and the task force members will provide input on it within three to four weeks after January 1, 1998.

Consider other regulations that impact R&D.

Subtask: Develop a listing of these regulations and where and when they are applicable. Keith asked the task force members if they could compile a list of R&D regulations with which they comply. This information would potentially be useful in determining whether emissions from some types of R&D were already sufficiently controlled by other regulations. There was also interest in a summary of State and Local regulations that cover R&D facilities. Task Force members believed that developing such a list would be difficult due to the great number of regulations that are or are not applicable to different processes and different locations. It was determined that this issue would need to be completed by the end of January, 1998.

Review potential to emit discussions in other forums.

The CAA requires determination of major sources of HAP to be based on their potential to emit HAP, rather than on actual emissions. Due to the difficulty of calculating PTE for R&D facilities, it is unclear how this concept would be implemented in the R&D listing decision and in any regulatory development. Therefore, a decision on whether there are legal options other than. PTE needs to be made soon. There was an interest in deferring the PTE issue because there is the likelihood that information gathering will show emissions from some types of R&D are so small that it is unlikely they would be regulated, and PTE will not be an issue. Keith will consult with OGC concerning whether there are legal options to make the listing decision without considering PTE. He will also review EPA policy concerning PTE, including the Agency's precedent for deviating from the 8760 hours/year approach. Other action by the Task Force will be deferred until more information is available.

Collect and review existing data.

Only readily available information will be considered, and it was hoped that this could be completed by March 1998. However, R&D needs to be better defined to determine what type of information will be gathered, and how long it will take. Also, some Task Force members expressed concern that their charge was not to collect the information, but rather to determine what are the plans for collection and what type of information is necessary.

The possible sources of this information (e.g., Title V, states, industry) and their utility in this project were discussed. It was concluded that States have some existing information from pre-Title V programs, and that possibly industry could supply information they have submitted previously (e.g., emissions estimates). Mechanisms for collecting readily available information will be discussed on the January 7, 1998 conference call.

Other Issues

The logistics of future meeting places were discussed. It was stated that conference calling is the preferred method; however, some face-to-face meetings may be necessary. It is preferred that future meetings be held in Washington, DC because it is more convenient for travel arrangements. The Chemical Manufacturers' Association offered to be the meeting host in Washington, DC. The next conference call was set for 10:30 am to Noon (EST) on Wednesday, January 7, 1998.

ATTACHMENT A:
Participation in the R&D Stakeholders' Task Force Meetings

Keith Barnett EPA/OAQPS
Larry Bernson Lucent Technologies
Shannon Broome General Electric
Russ Cerchiaro Schering Corporation
Umesh Dholakia EPA Region 2
Sandra Dudley Eastman Chemical Company
Mike Dunn Department of the Navy
Steve Flaniken Hazen Research, Inc.
Tom Gentile State of New York
Allen Goldhammer BIO
Paul Goozh NASA
Dennis Griesing Soap and Detergent Association
Ann Gross NACUBO
Katherine Hoenke Chevron/Laboratory Safety Alliance
Thomas Kovacic Dow Corning Corporation
Janet McDonald EC/R, Inc. (EPA Contractor Support)
Gail Murphree USBI Company
Brenda Perkovich EC/R, Inc. (EPA Contractor Support)
Ellen Siegler API
William Wehrum PhRMA
Rasma Zvanders CMA
Alexander Dunn CMA
Jeneene Sams-Smiley NASA