OAR Policy and Guidance Metarecord
Policy Memo on Fugitive Emissions
|Signed by: Lydia Wegman, Deputy Director,OAQPS
Signature Date: March 8, 1994
Information Transfer and Program Integration Division (OAQPS)
Policy & Guidance Memos
EPA Document Number:
Environmental Protection Agency
New source review
Maximum Achievable Control Technology Emission Standards
Clean Air Act
This memo provides guidance for considering fugitive emissions in major source determinations.
Section 70.2 provides definitions of "major source" for the purposes of the general definition in Section 302(j) of the Act, and for the purposes of the hazardous air pollutant program under Section 112 of the Act.
In determining major source status for all Section 112 purposes, fugitive emissions, to the extent quantifiable, must be considered. For the Section 302(j) definition, however, fugitive emissions are counted in determining major source status only for thoses source categories for which appropriate rulemaking has been completed. The Part 70 rule lists 27 source categories for which fugitive emissions are always to be included in major source determinations. One of these categories includes sources of the types regulated by a standard promulgated under Section 111 (NSPS) or 112 (NESHAP), but EPA has determined that this approach did not follow the procedural steps necessary for a proper rulemaking under Section 302(j) for NSPS and NESHAP promulgated after 8/7/80. Therefore, a permitting authority need not require that fugitives from sources for which NSPS or NESHAP were promulgated after 8/7/80 be considered in determining major source status.
(4 1/2 pages)