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New Source Review (NSR) Permitting

Draft Guidance: Interpreting "Adjacent" for New Source Review and Title V Source Determinations in All Industries Other Than Oil and Gas

EPA is providing an opportunity for interested stakeholders to review and comment on draft guidance on our interpretation of “adjacent” in the context of Clean Air Act permitting.  New Source Review and title V operating permit programs apply to “stationary sources” where emissions exceed established thresholds.  To determine what comprises a source, three factors must be satisfied:  The operations must be under common control; they must be located on contiguous or adjacent properties; and they must fall under the same major standard industrial classification (SIC) code.  In this guidance, for all industries other than oil and natural gas production and processing, the EPA provides an interpretation of adjacent that only considers physical proximity.  The concept of functional interrelatedness would not be considered when determining whether operations that satisfy the common control and SIC code criteria, and do not lie on contiguous property, are adjacent.  

EPA accepted public comment on the draft guidance through October 5, 2018. 

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