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Recent EPA Policy Guidance for Air Quality Permitting

September 13, 2018

The United States Environmental Protection Agency (EPA) recently released an applicability letter and draft policy memo that have a notable effect on how stationary source determinations are made for air quality permitting. EPA defines “stationary source” in the federal construction permitting regulations (40 CFR Parts 51 and 52) and the Title V operating permit regulations (40 CFR Parts 70 and 71) as all pollutant-emitting activities that meet three criteria: Belong to the same industrial grouping (same two-digit SIC code); Are located on contiguous or adjacent properties; and Are under control of the same person (or persons under common control). Aggregation of Facilities Using the Common Control Factor On April 30, 2018, EPA issued a letter to the Pennsylvania Department of Environmental Protection in response to a request for EPA to review whether Meadowbrook Energy LLC and Keystone Sanitary Landfill, Inc. should be aggregated for air permitting purposes. This memo establishes EPA’s revised interpretation for assessing “common control” when evaluating whether two facilities should be considered…
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