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  2. New Source Review (NSR) Permitting

Categories with 100 TPY PSD Major Source Threshold

Date Title EPA Office Author Issues Addressed
07/13/2009 PSD Applicability Determination for Alpine Energy's Proposed Landfill Waste Burning Facility Region 2 Riva, Steven Whether the construction of 2 pelletized refuse-derived fuel (PRDF) and petroleum coke fired steam generators, and steam turbines with nominal 42 megawatt gross output fall within the category of "municipal incinerators capable of charging more than 50 tons of refuse per day" and "fossil fuel-fired boilers or combinations totaling more than 250 million British thermal units per hour heat input" as those terms are defined in the PSD regulations.
08/08/1980 Request for Confirmation of the Definition of a 100-Ton Source as Applied to Controls in the Gasoline Storage and Marketing Chain OAQPS Helms, G. Tom Addresses definition of a 100-ton source as applied to controls in the gasoline storage and marketing chain. 
11/21/1997 Inconsistency in the Calculation of Volatile Organic Compound (VOC) Emission Rates Using the Results of U.S. Environmental Protection Agency (EPA) Methods 25 and 25A. Region 4 Winston, Smith Provides technical guidance regarding an inconsistency in the way various agencies have used the results of Method 25 and Method 25A testing to calculate volatile organic compound (VOC) emission rates.
12/30/2003 VOC Measurement Methods for the Corn Milling Industry OAQPS Page, Stephen Regards the use of volatile organic compound (VOC) measurement methods for the corn wet milling industry.
01/22/1998

January 22, 1998 on Pro-Tec

Region 5 Newton, Cheryl Addresses whether the entire existing source is major and the existence of a nested major source. This memorandum also addresses whether an annealing operation should be considered one of the 28 categories of sources to which the 100 tpy threshold applies for PSD applicability.
07/31/2003 Guidance on the Definition of Fuel Conversion Plants OAQPS

Shelton, Racqueline

Whether the classification of “fuel conversion plants” applies to off-shore gas delivery systems that will vaporize liquefied natural gas (LNG) for delivery to a downstream infrastructure.
03/11/1981

Summary of PSD Policy Determinations Made by Region IV

Region 4 Devine, Thomas Provides a summary of several PSD policy determination questions including (1) An engine manufacturing plant sprays VOC contaminated wastewater into the air to dispose of VOC. Is the activity, if new, subject to PSD? (2) A major source makes a physical change which increases emissions, but has offsetting reductions elsewhere at the same time. In the past 5 years, however, there have been other increases such that the net result over 5 years is greater than de minimis. Is the new physical change subject to PSD. (3) Is an iron foundry one of the 28 PSD categories?
05/02/1977

PSD Determination of Applicability - UMD Coal Gasification Plant

SSCD Reich, Edward Whether a proposed coal gasifier constitutes a fuel conversion plant.
 

Response to Letter by Golden Aluminum Requesting EPA Reconsider a Final PSD Applicability Determination

OAR Rosenberg, William Reconsideration of PSD applicability determination regarding a used-aluminum, beverage-can recycling and rolling mill facility and whether this sort of facility should be defined as a rolling mill or whether it should be characterized as a secondary metals facility.
10/26/1999

Prevention of Significant Deterioration (PSD) Emission Thresholds for Fountain Foundry

Region 5 Blakely, Pamela Whether an iron foundry is considered a secondary metal production plant if it uses scrap metal to produce iron, even if the metal is poured into molds.
12/22/1997 Should Pro-Tec be Permitted as a Major Source Region 5 Newton, Cheryl Clarifies whether Pro-Tec Coating Company’s new continuous galvanizing line should be permitted as a major source. Specifically, the memorandum considers whether Pro-Tec’s operations are included in one of the 28 PSD source categories to which the 100-tpy major source threshold level applies for purposes of a PSD applicability determination.
02/23/2012 Cleveland Public Power -- Ridge Road Permit Region 5 Damico, Genevieve Whether the project may be permitted as a synthetic minor on the basis that the source does not meet the criteria of “municipal incinerators capable of charging more than fifty tons of refuse per day.”
02/13/1978 MAYTEP, Determination of Applicability SSCD Reich, Edward What sources are covered by the category “steam electric plans of more than 1000 x 106 BTU/hr heat input.”
08/02/1996 Major Source Determinations for Military Installations under the Air Toxics, New Source Review, and Title V Operating Permit Programs of the Clean Air Act (Act) OAQPS Seitz, John Provides guidance on implementing PSD and nonattainment NSR programs with regard to “major source” determinations at Federal military installations.
11/06/2003 Nov. 6, 2003, Letter Answering if a Gasoline Terminal is Subject to the 100 Ton Per Year Major Source Threshold Region 5 Blakely, Pamela Whether a gasoline/fuel terminal is considered to be one of the 28 source categories subject to the 100 ton per year major source threshold under PSD.
09/26/2017 Jordan Cove Liquified Natural Gas Facility Not a Fuel Conversion Plant under PSD Region 10 Dossett, Donald Whether the proposed Jordan Cove liquefied natural gas (LNG) facility is a “fuel conversion plant” and/or a “petroleum storage and transfer plant with a total capacity more than 300,000 barrels” as these terms are used in provision of the CAA and PSD permitting program.
01/22/1981 Classification of Ethanol Fuel Plants under PSD SSCD Reich, Edward Clarification of proper classification for ethanol fuel plants for purposes of PSD applicability. Please see the May 2007 “Prevention of Significant Deterioration, Nonattainment New Source Review, and Title V: Treatment of Certain Ethanol Production Facilities Under the ‘Major Emitting Facility’ Definition” for the latest information on this topic.
12/04/1998 Treatment of Aluminum Die Casting Operations for the Purposes of NSR Applicability OAQPS Curran, Thomas Provides guidance in making case-by-case determinations of whether die casting plants should be categorized generally as secondary aluminum recovery plants or whether the processing steps within a die casting plant might be considered as a secondary aluminum support facility.
01/20/1976 Clarification of Sources Subject to PSD Review OAQPS Berry, Kent D. Clarifies the emission points in phosphate rock processing plants and fuel conversion plants that should be subject to PSD review.
07/14/1978 PSD Requirements SSCD Reich, Edward Regards the applicability of the PSD regulations in situations where a source is modified or constructed in discrete increments, none of which are individually subject to preconstruction review, but which result in potential emissions greater than 100/250 tons per year when accumulated. Also addresses whether the source category "primary aluminum ore reduction plant" should apply to a plant involved solely with extracting alumina from bauxite. Lastly, addresses  whether a pharmaceutical manufacturing plant should be considered a  "chemical process plant."
07/13/2009 PSD Applicability Determination for AEG Bovoni Power's Waste-to-Energy Project Region 2 Riva, Steven Whether the 100 ton per year major source category, municipal incinerators capable of charging more than 50 tons of refuse per day, applies to the AEG facility.
05/11/1979 PSD Regulations SSCD Reich, Edward Answers numerous questions related to PSD regulations including questions related to whether a facility within one of the 28 categories is subject to the 100 ton per year emission level if it is being located at a source which is not classified within one of the 28 categories. 
06/24/1981 Determining PSD Applicability Thresholds for Gas-Turbine-Based Facilities SSCD Lillis, Ed Determination of PSD applicability thresholds for gas turbine-based facilities.
08/31/1988 Clarification of the Term "Glass Fiber Processing Plant" OAQPS Crumpler, Dennis Clarifies the term “glass fiber processing plant” as that term appears in the PSD regulations.
08/21/1981 Classification of the Bardstown Fuel Alcohol Company under PSD SSCD Reich, Edward Concerns the classification of the Bardstown Fuel Alcohol Company plant under PSD and whether alcohol fuel plants should be classified as chemical process plants. Please see the May 2007 “Prevention of Significant Deterioration, Nonattainment New Source Review, and Title V: Treatment of Certain Ethanol Production Facilities Under the ‘Major Emitting Facility’ Definition” for the latest information on this topic.
01/09/1980 PSD Applicability SSCD Reich, Edward Whether a plant which produces fiberglass reinforced shower enclosures and bathtubs to be a “glass fiber processing plant.”
06/04/2007 PSD Source Classification for Safety Kleen's Lubricating Oil Recovery Facility Region 5 Blakely, Pamela Provides guidance on the classification of the Safety-Kleen Oil Recovery Company which re-refines used lubricating oils collected off-site and uses a fractionation tower system and storage tanks as a petroleum refinery.
12/19/1979 Clarification of the Federal Air Pollution Regulation for the PSD as it Applies to Municipal Incinerators SSCD Reich, Edward Addresses distinction between NSPS and PSD with regards to the treatment of groups of incinerators.
11/25/1980 Guidance on PSD Applicability for Refuse-to-Energy Facilities SSCD Reich, Edward Provides guidance on how the daily firing rate of a refuse-to-energy facility should be determined.
08/03/1993 Response to Request for EPA Region I's Determination on the Applicability of its Regulations and the Clean Air Act Amendments of 1990 to the Montachusett Regional Recycling Facility Region 1 Murphy, Linda Addresses list of major emitting facilities subject to the PSD requirements if they emit or have the potential to emit 100 tons per year (TPY) or more of any regulated pollutant.
08/06/2001 Do Combined Cycle Gas Turbine Systems Qualify as "Electric Utility Steam Generating Units" for Purposes of Determining Applicability of NSR OAQPS Seitz, John Whether combined cycle gas turbine systems qualify as “electric utility steam generating units” for purposes of determining NSR applicability.
12/21/1979 Do Glass Manufacturing Plants Belong under the Chemical Processing Plant Category OAQPS Barber, Walter Whether glass manufacturing plants belong under the chemical processing plant category.
03/24/1995 Response to Appeal on Behalf of Consolidation Coal Company Region 3 Spink, Marcia Addresses the appropriate PSD trigger amount for a coal cleaning plant with a thermal dryer that is located within an unlisted source. This memorandum also discusses whether the facility violated a minor source permit by failing to meet federally enforceable limits.
06/12/1990 Splitting of 2-Digit SIC Codes at 3M's Chemolite Plant Region 5 Rothblatt, Stephen Concerns 3M Company’s request to divide its Chemolite plant according to different 2-digit Standard Industrial Classification (SIC) Codes.
09/30/1987 Issue Concerning EPA's Position on what Fuel Combustion Equipment should be Counted toward the 250 Million BUT/hr under PSD Requirements Region 5 Kee, David Addresses issue concerning what fuel combustion equipment should be counted toward 250 million BTU/her under PSD requirements.
02/18/1998 Should Gasoline be Considered as Petroleum in Determining if Source is Major Region 4 Neeley, R. Douglas Whether gasoline should be considered as petroleum in determining if a source is major.
09/22/2009 Withdrawal of William Wehrum's January 12, 2007 Issued Guidance Memo "Source Determinations for Oil and Gas Industries" OAR McCarthy, Gina Withdraws previously issued guidance regarding source determinations for oil and gas industries.
01/12/2007 Source Determinations for Oil and Gas Industries OAR Wehrum, William Withdrawn guidance on making major stationary source determinations for the oil and gas industry.
  Response to Appeal Dated May 21, 1992 from Reserve Coal Properties Company Region 3 Erickson, Edwin Whether coal mining is the primary activity at the site and should therefore have a NSR threshold of 250 tpy or whether the presence of a coal cleaning facility with thermal dryers places the facility within the list of enumerated sources subject to a 100 tpy threshold.
05/26/1992 Applicability of PSD & NSPS to the Cleveland Electric, Incorporated, Plant in Willoughby, Ohio OAQPS Lillis, Ed Addresses the categorization of the Cleveland Electric facility as a municipal waste incinerator and a fuel conversion plant.
03/29/1982 An Aluminum Rolling Mill is Not a Secondary Metal Production Plant under 40 CFR 52.21 SSCD Reich, Edward Whether an aluminum rolling mill is a secondary metal production plant under 40 CFR 52.21.
08/08/1997 Is a Solvent Reclamation Facility Considered a Chemical Processing Plant Region 4 Pierce, Carla Whether a solvent reclamation facility is considered a chemical process plant for purposes of PSD permitting.
11/23/1977 Stationary Source Enforcement Region 5 Cohen, Eric Whether coal preparation plants without thermal dryers and potential emissions of a subject pollutant of less than 250 tpy are subject to PSD review.
06/04/2007 Is a Wood Waste Gasification Project at Norbord South Carolina, Inc. a Fuel Conversion Plant, Part 2 Region 4 Worley, Gregg Whether a wood waste gasification project is a fuel conversion plant.
06/14/2005 Is a Wood Waste Gasification Project at Norbord South Carolina, Inc. a Fuel Conversion Plant Region 4 Worley, Gregg Whether a wood waste gasification project is a fuel conversion plant.
05/10/1983 Response to Request for Written Confirmation that the 100-Ton per Year Potential Emission Exemption for Graphic Art Systems Applies to Plantwide Emissions, Not to Each Printing Line OAQPS Polglase, William Response to request regarding whether the 100 tpy potential emission exemption for graphic art systems applies to plantwide emissions or whether it applies to each printing line.
10/17/1977 Application of PSD Review to a Portland Cement Manufacturing Operation, Texas Industries, Inc. SSCD Reich, Edward Whether certain operations quality as Portland cement plants.
07/28/1989 Request for PSD Applicability Determination, Golden Aluminum Company Region 6 Hathaway, William Whether the Golden Aluminum facility, as proposed, is properly considered a “secondary metal production plant.”
06/01/2004 Temporary Use of Electric Generators Region 2 Riva, Steven Whether temporary and contractor-operated units should be included as part of the source with which they operate or support.
06/27/2011 Applicability Determination on the PSD 100 tpy Major Source Threshold Category for Fossil Fuel Boilers at Griffin Industries Region 4 Worley, Gregg Addresses questions pertaining to the applicability of fossil fuel boilers (or combinations thereof) totaling more than 250 million British thermal units per hour heat input to the 100 tpy major PSD source categories.
01/18/1977 Gray Iron Foundry Not Subject to PSD OAQPS Mayfield, D. Randall Whether gray iron foundry is considered as one of the (at the time) nineteen source categories subject to 40 CFR 52.21(d).

Related Topics: Temporary Emissions

Return to Policy & Guidance Document Index

The “Relevant Guidance” index includes a collection of documents issued by EPA organized by topic area. These documents include memoranda, letters, orders, and other types of EPA actions that may provide guidance in one or more forms, such as an adjudication, statement of policy, interpretation of statutes or regulations, or technical information. Each collection is intended to be representative of EPA statements on the topic, but it may not be a complete listing of such statements. The collection does not reflect topic-specific statements that have been expressed by EPA though published rule preambles and Title V petition orders, nor does it include EAB decisions. Each document in the collection speaks for itself, and the inclusion or exclusion of a document in the collection is not intended by EPA to communicate anything more than what is expressed within each document. EPA makes no independent representations on this website as to the extent to which any document in the collection reflects EPA’s current views on the topic, is a final action by EPA, or has any legal effect or precedential weight. Readers are advised to review the documents in the collection and conduct their own assessment of such considerations based on the content of each document and other documents in the collection. Some of the information or views included in the documents may be affected by subsequent changes to the referenced statutory or regulatory language or by court decisions. In addition, many of the statements in these documents are based upon the federal regulations which may differ from rules that govern federally-approved programs. Permitting authorities are advised to consult with their EPA Regional Offices if there is a question as to the relevance of a particular statement to their NSR program.

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Last updated on October 31, 2024
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