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New Source Review (NSR) Permitting

Enforcement Issues & Implementation of Permitting Program

Date Title EPA Office Author Issues Addressed
06/21/1993 Endangered Species Act Consultation OAQPS Berry, D. Kent Addresses whether only federally-issued permits (or Federal permits issued by a State pursuant to a delegation of authority from the EPA) are subject to the requirements of the Endangered Species Act. Concludes that EPA has not developed a position as to its obligations under Section 7 of the ESA with regard to EPA’s responsibility for consultations with the Fish and Wildlife Service under an approved State-run PSD program. 
06/08/1979 Impact of Clean Air Act Nonattainment Sanctions OAR Hawkins, David Sets forth Agency policy and procedures regarding the July 1, 1979 sanctions. Three main topics are addressed: Construction Prohibitions (permit processing, sources affected and geographic applicability); SIP Approvals (area specific approval, conditional approval, and area redesignation); and Federal Funding Sanctions (discretionary aspects).

Plantwide Definition Of Major Stationary Sources Of Air Pollution

OAR Potter, J. Craig Provides guidance on the preparation of Federal Register notices proposing action on pending State implementation plan (SIP) submittals to adopt the “plantwide” definition of “source” for nonattainment purposes. 
07/23/1995 Clarification of the Use of Appendix I of the Clean Air Act Stationary Source Civil Penalty Policy OECA Stein, Kathie Addresses whether the Gravity Component in Appendix I of the Clean Air Act Stationary Source Civil Penalty Policy ("The Permit Penalty Policy") should be used in addition to the general policy's gravity component when calculating the penalty amount, and specifically, whether "size of the violator" is included in addition to the penalty amount as calculated using the appendix. 
08/03/1981 Appeal Procedures for PSD Permits Under The Consolidated Permit Regulations SSCD Reich, Edward Discusses appeal procedures under 40 CFR Part 124. 
11/17/1998 Guidance on the Appropriate Injunctive Relief for Violations of Major New Source Review Requirements OECA Schaeffer, Eric Provides guidance on the injunctive relief that the EPA expects to see in judicial Consent Decrees and in administrative case settlements concerning major NSR enforcement cases should seek in settlements of major New Source Review (NSR) enforcement actions. Addresses cases where either (1) a source failed to obtain a major NSR permit prior to commencing construction of a major source or a major modification or (2) a source with a synthetic minor limit regularly violated that limit. 
06/22/1993 Formation of a Federal Advisory Committee Act Subcommittee for New Source Review (NSR) Issues OAQPS Seitz, John Recommends the establishment of a new subcommittee to the Clean Air Act Advisory Committee (Advisory Committee) that would focus on reform of the NSR rules including prevention of significant deterioration (PSD). 
02/04/1987 Region IX NSR/PSD Rule Making Backlog OAQPS Emison, Gerald Regards EPA’s adoption of an "equivalency" approach when determining the acceptability of a specific SIP revision. Contemplates the formation of a SIP task force to explore methods of minimizing the resources necessary to address NSR SIP backlog issues. 
01/05/1978 Determination of Interpretative Ruling (IR) SSCD Reich, Edward

Responds to the following questions concerning the applicability of the Interpretative Ruling (IR) to the construction of the #3 and #11 coke batteries at the Youngstown Steel Indiana Harbor Plant: (1) does the construction of #3 and #11 coke batteries constitute a new source and (2) does the issuance of a state permit prior to the effective date of the IR insulate the source from applicability to the IR. 

01/01/2001 Improving Air Quality with Economic Incentive Programs OAQPS Mayer, Nancy Guidance document stating EPA’s policy on discretionary economic incentive programs (EIPs).
05/09/1985 Improved NSR/PSD Program Transfer CPDD Tyler, Darryl Summarizes EPA policy governing transfer of NSR/PSD programs to the States. Includes a compilation of advice which has proven useful in expediting the development and processing of high quality NSR/PSD State implementation plan (SIP) revisions.  
12/01/1987 Improving NSR Implementation OAR Potter, J. Craig Communicates certain program initiatives designed to improve the timeliness, certainty, and effectiveness of the PSD and nonattainment area NSR programs.  

Return to Policy & Guidance Document Index

The “Relevant Guidance” index includes a collection of documents issued by EPA organized by topic area. These documents include memoranda, letters, orders, and other types of EPA actions that may provide guidance in one or more forms, such as an adjudication, statement of policy, interpretation of statutes or regulations, or technical information. Each collection is intended to be representative of EPA statements on the topic, but it may not be a complete listing of such statements. The collection does not reflect topic-specific statements that have been expressed by EPA though published rule preambles and Title V petition orders, nor does it include EAB decisions. Each document in the collection speaks for itself, and the inclusion or exclusion of a document in the collection is not intended by EPA to communicate anything more than what is expressed within each document. EPA makes no independent representations on this website as to the extent to which any document in the collection reflects EPA’s current views on the topic, is a final action by EPA, or has any legal effect or precedential weight. Readers are advised to review the documents in the collection and conduct their own assessment of such considerations based on the content of each document and other documents in the collection. Some of the information or views included in the documents may be affected by subsequent changes to the referenced statutory or regulatory language or by court decisions. In addition, many of the statements in these documents are based upon the federal regulations which may differ from rules that govern federally-approved programs. Permitting authorities are advised to consult with their EPA Regional Offices if there is a question as to the relevance of a particular statement to their NSR program.