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Technology Transfer Network - OAR Policy and Guidance

OAR Policy and Guidance Metarecord

Document Title/Subject:
Letter on Use of Minor NSR to Limit PTE
Related Documents:
11/3/93 memo from J.Seitz on Federal Enforcement Limits
Signed by: John Seitz

Signature Date: Nvember 2, 1994

Kirt Cox, Information Transfer and Program Integration Division (OAQPS)



Regulatory Authority:
Title 5
Information Transfer and Program Integration Division (OAQPS)
Submitted By:
Document Type:
Policy & Guidance Memos
EPA Document Number:

Federal Register:
Subject Category:
Environmental Protection Agency
Operating Permits
Air pollutants
Clean Air Act
Toxic substances
This is a letter to Jason Grumet, Executive Director of the Northeast States for Coordinated Air Use Management (NESCAUM). Potential to emit (PTE) can be limited (to avoid being considered a major source under Title V) by minor new source review (NSR) permits issued under programs that have already been approved into the State implementation plan (SIP) because such conditions are considered Federally-enforceable. Some State minor NSR programs are broad enough to be used to also limit a source's PTE for construction-related events. However, minor NSR may not be available in some States absent an increase in emissions or for some other reason. In addition, some States may have legal problems using minor NSR to limit the PTE of toxic pollutants. Finally, a court ruling (United States v. Marine Shale Processors) held that a minor NSR permit that had not gone through public participation was not Federally enforceable despite SIP approval of the State's program. For these reasons, EPA promote s the use of State operating permits programs approved under Sections 110 and 112(l), pursuant to the criteria set forth in the 6/28/89 Federal Register, for limiting PTE. [Editor's Note: Recent court rulings have indicated that any permit term or condition that is enforceable as a practical matter can be used to limit PTE. Federal enforceability is not required. See more recent memos.]

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