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  2. New Source Review (NSR) Permitting

Fugitive Emissions

Date Title EPA Office Author Issues Addressed
06/09/1980 PSD Applicability, South Hospah Mine (pdf) (20.74 KB) SSCD Reich, Edward Guidance regarding the accounting of fugitive emissions in determining potential to emit for surface coal mine and coal preparation facilities. 
  Response to Appeal Dated May 21, 1992 From Reserve Coal Properties Company (pdf) (26.05 KB) Region 3 Erickson, Edwin Whether fugitive emissions from a coal cleaning facility associated with a coal mine must be included in determining whether the source is a major stationary source under the PSD program.
11/22/1994 Response to May 20, 1994 Letter from Robert H. Collom, Jr. (pdf) (24.22 KB) OECA Stein, Kathie Whether emissions from presses in wood products facilities should be considered fugitive emissions under the NSR program, among other issues.
03/01/1996 Regulated Pollutant (pdf) (20.25 KB, March 1, 1996) OAQPS Kellam, Robert Whether certain types of emissions should be considered fugitive emissions, and whether fugitive emissions from certain types of sources should be included in determining whether a source is a major source under the title V program, among other issues.
08/06/1996 August 6, 1996 Letter to Martin Bauer (pdf) (18.7 KB) Region 10 Cabreza, Joan How fugitive emissions are treated in determining whether a source is a major stationary source, and which emissions are considered fugitive emissions for permitting purposes, among other issues.
02/11/1998 Feb. 11, 1998 Letter to Terry Godar on MSW Landfills (pdf) (108.79 KB) Region 3 Morris, Makeba Whether emissions from municipal solid waste landfill emissions should be considered fugitive emissions under the title V program, among other issues.
03/08/1994 Consideration of Fugitive Emissions in Major Source Determinations (pdf) (23.33 KB) OAQPS Wegman, Lydia How fugitive emissions should be treated for purposes of determining whether a source is a major source under the NSR (PSD and NNSR) and title V programs.
08/09/2007 Inclusion of Haul Road Emissions in PSD Applicability Determination for Coal Mine and Preparation Plant (pdf) (9.56 KB) Region 5 Blakely, Pamela Whether fugitive emissions of PM from haul roads at a source that includes both a coal mine and a coal preparation plant must be included in determining whether a source is a major source under the PSD program.
06/02/1995 Optimization Review: Baird & McGuire Superfund Site, Town of Holbrook, Norfolk County, Massachusetts (pdf) (8.78 MB, 2013, 542-R-13-003) OAQPS Hitte, Steve and Wegman, Lydia Whether fugitive emissions should be included from equipment that does not belong to a listed source category but that is considered part of the same stationary source as equipment in a listed source category, for purposes of determining whether the source is a major source under the NSR and title V programs.
10/14/1994 Consideration of Fugitive Emissions from Grain Elevators (pdf) (10.96 KB) OAQPS Lillis, Ed Whether grain elevators must include fugitive emissions for purposes of determining whether a source is a major source under the title V program.
11/02/2006 Emission Unit Description for Combustion Sources (EUD1) (pdf) (114.4 KB, 3/8/2024, EPA Form 5900-80) OAR Wehrum, William Whether emissions from certain activities at open-air cattle feeding operations should be considered fugitive emissions under the NSR (PSD and NNSR) and title V regulations. 
03/06/2003 Clarification on Fugitive Emissions Policy (pdf) (139.13 KB) Region 5 Rothblatt, Stephen and Newton, Cheryl How fugitive emissions should be treated in determining whether a source is a major source under the NSR (PSD and NNSR) and title V programs.
12/19/2013 Counting GHG Fugitive Emissions in Permitting Applicability (pdf) (94.18 KB) OAQPS   How fugitive emissions of greenhouse gases (GHGs) should be treated in determining whether a stationary source is major under the PSD and title V programs, and whether a modification is major under the PSD program.
10/05/1998 Applicability of NSPS for Coal Preparation to Coal Unloading Operations (pdf) (39.07 KB) OECA Gigliello, Kenneth Whether fugitive emissions from coal unloading at coal preparation plants must be included in determining whether a source is a major source under the title V program, among other issues.
10/03/1997 Fugitive Emissions from Coal Preparation Plants (pdf) (31.44 KB) OECA Herman, Steven Whether fugitive emissions from coal unloading at coal preparation plants must be included in determining whether a source is a major source under the title V program.
08/10/2006 Consideration of Fugitive Emissions at Oilseed Processing Plants (pdf) (90.47 KB) Administrator Johnson, Stephen Whether fugitive emissions from a soybean oil extraction process must be included when determining whether a source is a major source under the PSD program, among other issues.
02/10/1999 Interpretation of the Definition of Fugitive Emissions in Parts 70 and 71 (pdf) (25.48 KB) OAQPS Curran, Thomas Whether emissions of VOC from the printing industry, whiskey warehouses, paint manufacturing facilities, and other similar sources should be considered fugitive emissions under the title V program.
07/16/1998 NSR & PSD Rules Regarding Fugitive Emissions Applicable to Major Sources (pdf) (14.14 KB) Region 5 Newton, Cheryl How fugitive emissions should be treated in determining whether a source is a major source under the NSR (PSD and NNSR) and title V programs.
04/16/1996 Determination of Whether Emissions From Seagram and Sons Whiskey Storage Facility are Fugitive (pdf) (11.29 KB) Region 5 Newton, Cheryl Whether emissions from a whiskey storage facility should be considered fugitive emissions under the title V program.
10/06/1987 Emissions from Landfills (pdf) (18.97 KB) OAQPS Emison, Gerald Whether emissions from landfills should be considered fugitive emissions under the NSR program.
10/21/1994 Classification of Emissions from Landfills for NSR Applicability Purposes (pdf) (18.48 KB) OAQPS Seitz, John Whether landfill gas emissions should be considered fugitive emissions under the NSR program.
11/19/1992 Interim Guidance on New Source Review (NSR) Questions Raised in Letters Dated September 9 and 24, 1992 (pdf) (51.5 KB) Region 6 Meiburg, Stanley

How fugitive emissions should be treated for purposes of determining whether a source is a major source under the NNSR program, among other issues.

06/09/1988 Emissions from Rocket Firing at Test Stands; Fugitive or Point Source Emissions (pdf) (11.48 KB) SSCD Shafer, Ronald Whether emissions from rocket firing at test stands should be considered fugitive emissions under the NSR program.
02/18/1998 Should Gasoline be Considered as Petroleum in Determining if Source is Major (pdf) (11.2 KB) Region 4 Neeley, R. Douglas Whether fugitive emissions from bulk gasoline terminals must be included in determining whether a source is a major source under the title V program.
08/08/1997 Is a Solvent Reclamation Facility Considered a Chemical Process Plant (pdf) (15.12 KB) Region 4 Pierce, Carla Whether fugitive emissions from a solvent reclamation facility must be included in determining whether the source is a major source under the title V program.

Related Topics: Limiting Potential to Emit (PTE) & Synthetic Minor Sources | Secondary 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 April 2, 2025
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