An official website of the United States government.

Due to a lapse in appropriations, EPA websites will not be regularly updated. In the event of an environmental emergency imminently threatening the safety of human life or where necessary to protect certain property, the EPA website will be updated with appropriate information. Please note that all information on the EPA website may not be up to date, and transactions and inquiries submitted to the EPA website may not be processed or responded to until appropriations are enacted.

We've made some changes to EPA.gov. If the information you are looking for is not here, you may be able to find it on the EPA Web Archive or the January 19, 2017 Web Snapshot.

New Source Review (NSR) Permitting

Draft Guidance: Interpreting "Adjacent" for New Source Review and Title V Source Determinations in All Industries Other Than Oil and Gas

EPA is providing an opportunity for interested stakeholders to review and comment on draft guidance on our interpretation of “adjacent” in the context of Clean Air Act permitting.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 established thresholds.  To determine what comprises a source, three factors must be satisfied:  The operations must be under common control; they must be located on contiguous or adjacent properties; and they 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, the EPA provides an interpretation of adjacent that only considers physical proximity.  The concept of functional interrelatedness would not be considered when determining whether operations that satisfy the common control and SIC code criteria, and do not lie on contiguous property, are adjacent.  

EPA will accept public comment on the draft guidance through October 5, 2018. 

Use this form to submit comments.

You may need a PDF reader to view some of the files on this page. See EPA’s About PDF page to learn more.