847.202.0418  |  info@lmawma.org

847.202.0418  |  info@lmawma.org

U.S. EPA “Adjacent” in the context of Clean Air Act Permitting

U.S. EPA is providing an opportunity for stakeholders to review and comment on draft guidance on its interpretation of “adjacent” in the context of Clean Air Act permitting. New Source Review and Title V operating permit programs apply to “stationary sources” where emissions exceed certain thresholds. To determine what comprises a single “source,” three factors must be satisfied: (1) the operations must be under common control; (2) the operations must be located on “contiguous or adjacent” properties; and (3) the operations must fall under the same major standard industrial classification (SIC) code. In this guidance, for all industries other than oil and natural gas production and processing, U.S. EPA provides an interpretation of “adjacent” that considers only physical proximity. The concept of functional interrelatedness would not be considered in making the determination of whether operations that satisfy the common control and SIC code criteria, and do not lie on contiguous property, are “adjacent.”

U.S. EPA will accept public comments on this draft guidance through October 5, 2018. Link to comment form: https://www.epa.gov/nsr/draft-guidance-interpreting-adjacent-new-source-review-and-title-v-source-determinations-all

Link to the EPA draft guidance document: https://www.epa.gov/sites/production/files/2018-09/documents/draft_adjacent_policy_memo_9_04_2018.pdf