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New Source Review (NSR) Permitting

NSR - Implementing GHG Permitting - Questions and Answers

The question and answer documents (Q&A) on this page explain the requirements of EPA regulations, describe EPA policies, and recommend procedures for permitting authorities to use to ensure that GHG permitting decisions are consistent with applicable regulations as they were implemented before the U.S. Supreme Court decision in Utility Air Regulatory Group v. EPA, 134 S. Ct. 2427 (2014) (“UARG”) and the D.C. Circuit amended judgment in Coalition for Responsible Regulation, Inc. v. EPA, Nos. 09-1322, 10-073, 10-1092 and 10-1167 (D.C. Cir. April 10, 2015). These Q&A are not a rule or regulation, and the guidance they contain may not apply to a particular situation based upon the individual facts and circumstances. These Q&A do not change or substitute for any law, regulation, or any other legally binding requirement and are not legally enforceable. The use of non-mandatory language such as "guidance," "recommend," "may," "should," and "can," is intended to describe EPA policies and recommendations. Mandatory terminology such as "must" and "required" are intended to describe controlling requirements under the terms of the Clean Air Act and EPA regulations, but the Q&A do not establish legally binding requirements in and of themselves.

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  • Q and A - Fugitive Emissions (PDF)(4 pp, 87 K, December 12, 2013)
    How are fugitive emissions counted in determining whether greenhouse gases (GHGs) are “subject to regulation” for determining whether requirements are triggered for new major stationary sources and major modifications under the Prevention of Significant Deterioration (PSD) program and for major sources under the title V program?
  • Q and A - Dual Permitting (PDF)(2 pp, 205 K, April 19, 2011)
    In States (or local districts) where GHG permitting is done under a FIP but where permitting of other regulated NSR pollutants is done under an EPA-approved state implementation plan (SIP), who issues the permit if a proposed new source or modification involves both GHGs and non-GHGs?
  • Q and A - Non-Anyway Sources (PDF)(4 pp, 63 K, March 15, 2011)
    When does PSD apply to GHG and non-GHG pollutants at non-anyway sources and modifications?