EPA Finalizes Interpretation of “Adjacent” for NSR

The EPA has recently finalized their interpretation of the definition of “adjacent” for New Source Review and Title V determinations in all industries other than Oil and Gas.

The purpose of the EPA memorandum is to communicate the Environmental Protection Agency’s (EPA’s or the Agency’s) interpretation of regulations that determine the scope and extent of a “stationary source” for the major New Source Review (NSR) pre-construction permit programs under title I of the Clean Air Act (CAA) and the scope and extent of a “major source” for the title V operating permit program.

The EPA generally refers to such a determination regarding the scope and extent of a stationary source as a “source determination.” The Agency understands that among both the regulated community and permitting authorities there continues to be uncertainty regarding the meaning of the term “adjacent,” as that term is used in the relevant definitions in EPA’s NSR and title V regulations. This uncertainty results in part from court decisions and from case-specific letters from EPA over the past many years. To promote clarity for regulated entities and permitting authorities, EPA is providing its interpretation of the term “adjacent,” as used in this context in the NSR and title V regulations. This memorandum describes how EPA interprets “adjacent” for all industrial categories except for oil and natural gas activities covered by Standard Industrial Classification (SIC) major group 13.2.

Click here to read the complete memo.

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