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New Source Review (NSR) Permitting

Nonattainment New Source Review (NNSR) Applicability

Date Title EPA Office Author Issues Addressed
03/28/1986 Applicability of Nonattainment NSR To Tennessee Valley Authority Shawnee Plant Demonstration Project CPDD Tyler, Darryl Addresses EPA intentions for approving a State implementation plan (SIP) revision that would implement a "plantwide" rather than dual definition of source in an NSR program for nonattainment areas.

Bombardier Motor Company of America, Nonattainment Permit Applicability Determination

Region 5 Blakely, Pamela

Whether a relaxation of synthetic minor permit limits following a redesignation of the area to a lower severity of non-attainment would be subject to major NSR.

06/16/1981 Applicability Determination for the Richmond Lube Oil Project SSCD Reich, Edward Whether a refinery project to increase lube oil manufacturing capacity will be subject to review under the offset policy provisions following the then-newly proposed definition of source in nonattainment areas (46 FR 16280, March 12, 1981).
03/04/1981 PSD Applicability to Non-Attainment Pollutants SSCD Reich, Edward Whether a PSD permit can be issued to a source prior to the source satisfying the non-attainment NSR requirements.
08/10/2001 Opinion on Whether Maricopa County Environmental Services Department Had Correctly Interpreted and Applied EPA's Nonattainment NSR Rules OAQPS Harnett, William Addresses whether a district agency correctly applied EPA’s nonattainment NSR rules to a proposed project to add a new 250 MW combined cycle turbine unit that increased emissions of PM10.
07/31/1981 Policy Determinations Regarding PSD Questions Region 4 Devine, Thomas Addresses multiple PSD questions whether a major source proposing to build in a nonattainment area is subject to PSD if the area is projected to be attainment before startup of the source.
10/14/1994 Part D New Source Review Requirements for Areas Requesting Redesignation to Attainment OAR Nichols, Mary Relates to whether an approved part D NSR program is necessary in order to submit a request to EPA for redesignation from nonattainment to attainment.
04/05/2005 Implementation of New Source Review Requirements in PM2.5 Nonattainment Areas Region 5 Page, Stephen

Provides guidance to states on how to implement the major NSR provisions in fine particulate (PM2.5) nonattainment areas in the period between the effective date of the PM2.5 NAAQS designations (April 5, 2005) and when EPA promulgates regulations for SIP revisions to implement the PM2.5 NAAQS. Speaks to States using a PM10 nonattainment major NSR program as a surrogate to address the requirements of nonattainment major NSR for the PM2.5 NAAQS.

Related Topics: Lowest Achievable Emissions Rate (LAER)Offsets

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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.