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Note: EPA no longer updates this information, but it may be useful as a reference or resource.

Please see www.epa.gov/nsr for the latest information on EPA's New Source Review program.

Uncategorized Policy and Guidance Documents

Policy and Guidance Documents is a listing of historical and recent letters, memoranda, and Environmental Appeals Board Decisions that explain how EPA interprets the NSR provisions of the Clean Air Act and the implementing regulations. Includes all entries in the "New Source Review Prevention of Significant Detereioration and Nonattainment Area Guidance Notebook"

October 24, 1997 Interim use of PM10 as a surrogate for PM2.5 in meeting NSR

June 14, 1991 Text file of Notice of Proposed Rulemaking on WEPCO signed on June5,1991

June 7, 1991 WEPCO proposed rulemaking -- Fact Sheet

July 21, 1992 Text File of the WEPCO final Rulemaking promulgated in the Federal Register.

August 11, 1992 PSD Exemptions for tire-derived fuel (TDF) Classified as Municipal Solid Waste (MSW)

August 11, 1992 Proposed Netting for Modifications at Cyprus Northshore Mining Corporation, Silver Bay, Minnesota

May 26, 1992 Cleveland Electric Major Source applicability determination

June 3, 1991 EPA order Denying appeal of Old Dominion Electric Cooperative PSD Permit

August 20, 1991 Kamine Development Corporation's (KDC) Request for a Prevention of Significant Deterioration (PSD) Innovative Control Technology Waiver

September 2, 1992 Applicability of Policy on Limiting Potential to Emit to General Motors Morrain Assembly Plant

September 20, 1992 BACT/LAER Cutoff Date Policy and Recent PSD Appeal Decision

July 6, 1992 Letter to Reserve Coal Explaining Primary Activities test for NSR applicability

June 8, 1992 response to Request for Guidance Concerning Installation of Nitrogen Oxides Continuous Emissions Monitoring Systems

February 28, 1992 Guidance Concerning Stationary Source requirements under RECLAIM

July 18, 1988 Guidance Concerning permitting Web Technology's phased construction project

November 29, 1991 Memo: Applicability of EPA's Prevention of Significant Deterioration (PSD) Regulations to Floating Seafood Processors

November 19, 1991 Memo: Applicability of PSD to Watertown Power Plant, South Dakota; Shutdown for 9 years

July 18, 1988 Use of the alternative fuel exemption under PSD for Tire Derived Fuel

(Date Unknown) Memo Potential Enforcement Action Against Masonite Corporation-- analysis of potential emission increases several pollutants resulting from the introduction of a Molded Products Line

May 21, 1992 Memo: Administrative and Judicial Decisions Regarding Consideration of Source Separation in Determining Best Available control Technology Under PSD

July 20, 1992 Denial of Permit Appeal of a PSD permit issued to the Commercial & Sugar Company by the State of Hawaii

July 14, 1992 Memo: 3M Tape Manufacturing Division Minnesota--a Plantwide Applicability Limit

November 3, 1986 Letter EPA Region 6 to State of new Mexico: Administration and implementation of the NSPS and NESHAP programs on Indian-governed lands

June 1, 1992 Letter EPA Region 2 to NY State DEC need to submit revisions to New York's State Implementation Plan (SIP) for new source review by November15,1992

July 9, 1992 Memo: Processing of State Implementation Plan (SIP) Submittals

April 29, 1992 Denial of Permit Appeal - Multitrade Limited Partnership

MAY 28, 1992 Memo from Deputy EPA Administrator on Definition of "Pollution Prevention"

March 13, 1992 Memo on Limiting Potential to Emit for Koch Refining Company's Clean Fuels Project

September 3, 1992 Memo from Office of General Counsel on Order Dismissing Petition for Review Filed by Golden Aluminum Can

April 13, 1992 letter Clarification of definition of "ambient air."

September 12, 1988 letter: Applicability of PSD\NSR Rqmts.

From the listing below, find the file you would like to download. The available file formats are represented by icons on the right side of the listing. Click on the icon that represents the file format you wish to receive. For an explanation of file formats and their icons, see our TTNWeb File Types.

File Name

File Date

File Types

3/15/02 Memorandum from D. deRoeck, IIG, ITPID to R. Daye, Air RCRA, and Toxics Division, Region VII regarding use of the Ambient Ration Method for Modeling Significant Ambient Impacts of NO2. 8/8/02 PDF file
3/29/01 Letter to J. Hornback, Director, Kentucky Division Air Quality regarding EPA's agreement with the State's conclusion that the Gallatin steel manufacturing facility and the Heckett MultiServe (a division of Harsco Corporation) should be considered single sources. 8/8/02 PDF file
8-10-01 Response letter to an April 16, 2001 from H. Nickel, Hunton & William requesting EPA's opinion on whether the Maricopa County Environmental Services Department (NCESD) had correctly interpreted and applies EPA's nonattainment NSR rules and applicable guidance in determining that the proposed Kyrene Expansion Project (KEP) at the Kyrene Generating Station, located in Tempe, Arizona, (Permit No. V95-009) was subject to nonattainment NSR requirements (including offsets) for PM-10. 8/8/02 PDF file
8/06/01 Response letter to P. Raher, Hogan & Hartson L.L.P. on behalf of PSEG Fossil - Cycle Gas Turbine Systems Determination 8/6/01 PDF file Word Perfect file
June 5, 2001 - EPA letter responding to a request for guidance for calculating actual or potential emissions of certain regulated pollutants from new sources and modifications to determine their applicability to title I, part C and D (new source review), and title V (operating permit), requirements. 6/26/01 PDF file Word Perfect file
3/19/01 Harnett letter to W. Lewis, Morgan, Lewis & Bockius, LLP for a determination that the Federal NSR requirements do not apply to Minnesota Power's proposed purchase of the electric generating assets owned by LTV Steel in Taconite Harbor, Minnesota. 4/10/01 PDF file Word Perfect file
Tier 2/Gasoline Sulfur Refinery Projects: Guidance Document/BACT and LAER for Emissions Nitrogen Oxides and Volatile Organic Compounds: Cover Memo 1-19-00 PDF file
Tier 2/Gasoline Sulfur Refinery Projects: Guidance Document/BACT and LAER for Emissions Nitrogen Oxides and Volatile Organic Compounds: Supplemental Report 1-19-00 PDF file
August 12, 2000 Letter from Robert Perciasepe to Terry M. White on Emergency Generator Guidance during Power Blackouts 1/12/01 PDF file
May 23, 2000 Letter with enclosure to Henry Nickel from the EPA R-V Regional Administrator per Detroit Edision Company applicability determination for the proposed replacement and reconfiguration of two steam turbines at the Monroe Power Plant. 5/25/00 PDF file
September 20, 1999 State Implementation Plans: Policy Regarding Excess Emssions During Malfunctions, Startup and Shutdown 5/2/00 PDF file
Policy on Excess Emissions During Startup, Shutdown, Maintenance, and Malfunctions 12/8/99 PDF file
State Implementation Plans: Policy Regarding Excess Emissions During Malfunctions, Startup, and Shutdown 12/8/99 PDF file
June 16, 1999 Request to deny a Petition from Kawaihae Cogeneration Partners (KCP) 8/9/99 PDF file
September 3, 1992 Supplemental Transitional Guidance on Applicability of Part D NSR Permit Requirements 2/12/99 PDF file
December 4, 1998, Treatment of Aluminum Die Casting Operations for the Purposes of New Source Review Applicability 12/9/98 Word Perfect file
November 17, 1998 Guidance on the Appropriate Injunctive Relief for Violations of Major New Source Review Requirements. 12/3/98 html file Word Perfect file
August 6, 1996 Region X letter to the Idaho Department of Health and Welfare on Fugitive Emissions Related to Potential to Emit Calculations. 9/3/98 Word Perfect file
Second Extension of January 25,1995 Potential to Emit Transition Policy and Clarification of Interim Policy 7-21-98 PDF file
May 18, 1998 Correction in Wording in "Crediting of Maximum Achievable Control Technology (MACT) Emission reductions for New Source Review (NSR) Netting and offsets". 6/2/98 Word Perfect file
February 24, 1998 PSD Significant Emission Levels for Ozone Deleting Substances (ODS) at Existing Major Sources 3/27/98 Word Perfect file
March 19, 1998 Interim Policy Determination Related to NSR/PSD Significant Level for Ozone Depleting Substances (ODS) 3/27/98 Word Perfect file
January 21, 1998 Alternative Fuels PSD Exemption, Repeal Request (Four Letters) 1/21/98 Word Perfect file
November 12, 1997 Memo: Crediting of Maximum Achievable Control Technology (MACT) Emission Reductions for New Source Review (NSR) Netting and Offsets 11/12/97 Word Perfect file
October 3, 1997 Letter to Congresswoman Cubin on Fugitive Emissions at Coal Preparation Plants 10/3/97 Word Perfect file
EPA Reconsideration of Application of Collocation Rules to Unlisted Sources of Fugitive Emissions (6/2/95 memo) 6-21-95 PDF file
January, 1989 NSR Guidance Notebook PSD documents through Jan 1990 2/2/95 zip file
January, 1989 NSR Guidance Notebook Non-Attainment Area documents through Jan 1990 2/2/95 zip file
January 25, 1995 Guidance Memo on Potential to Emit for Operating Permits and Toxics 1/31/95 zip file
December 16, 1994 LTR from Seitz to Lents-Ability of VOC to be substitued for Ozone depleting substances 2/2/95 Word Perfect file
November 2, 1994 LTR From Seitz to Grumet on Fed. Enforc. of Minor NSR Programs for Title V De Minimus Thresholds 2/2/95 Word Perfect file
October 21, 1994 memo on fugitive emissions from landfills 11/23/94 Word Perfect file
October 14, 1994 Letter Counting fugitive emissions from grain elevators toward PTE Due to NSPS 2/2/95 Word Perfect file
August 26, 1994 Memo on Use of ERC's and adjusting for RACT at Time of use 2/2/95 Word Perfect file
March 29, 1994 SO2 Allocations Under The Acid Rain Program 8/17/94 Word Perfect file
June 14, 1994 Memo regarding generation and use of offsets for NOx 7/7/94 zip file
July 1, 1994 Interim guidance on NSR permitting of pollution control projects 7/7/94 zip file
December, 1987 Resolving Nonattainment NSR violations 7/13/94 PDF file txt file
February 4, 1988 Applicability of NSR Requirements to the Henkel Corp 7/12/94 PDF file txt file
February 22, 1992 Distrib of Report on procedure to estimate NOX 7/13/94 PDF file txt file
February 24, 1992 Use of Long Term Rolling Averages-Limit Potential to Emit 7/12/94 PDF file txt file
July 2, 1992 Air Quality Issues Affecting Forests & Public Lands 7/12/94 PDF file txt file
May 20, 1992 TSP Redesignation Requests 7/12/94 PDF file txt file
September 18, 1992 Limitation of Potential to Emit with Respect to Title V 7/11/94 PDF file txt file
October 19, 1992 Clarification of PSD Guidance for Modeling Class I 7/12/94 PDF file txt file
December 29, 1992 U.S. vs. AM Corporation 7/13/94 PDF file txt file
June 15, 1992* Automatic or Blanket Exceptions for Excess Emissions
7/11/94 PDF file txt file
February 15, 1983 Policy-Excess Emissions during Startup, Shutdown 7/12/94 PDF file txt file
April 27, 1992* Construction Activities at Georgia Pacific 7/12/94 PDF file txt file
June 15, 1993 BACT Applicability 7/12/94 PDF file txt file
March 16, 1992* Applicability of NSR Review-3M, Maplewood, Minn 7/12/94 PDF file txt file
June 21, 1993 Endangered Spieces Act 7/12/94 PDF file txt file
July 19, 1993 NYSEG Jennison Station Use of Tire Derived Fuel 7/12/94 PDF file txt file
August 3, 1993 Clean Air Act of 1990 Montachusett Region 7/12/94 PDF file txt file
October 15, 1993 State Rules for Optional Federally Enforceable Emissions 7/12/94 PDF file txt file
October 6, 1993* Lynchburg Foundry Co Construction Activities 7/12/94 PDF file txt file
Draft (October 1990) Chapter A3 from NSR Workshop Manual (Major Source Applicability) 7/13/94 zip file
(Date Unknown) NOX Controls for Existing Boilers 7/13/94 PDF file txt file
Policy Memo on Fugitive Emissions 4-25-94 PDF file
March 22, 1994 memo re: Who may submit technology info to permitting authorities for consideration as BACT 3/29/94 Word Perfect file
January 20, 1984 Averaging Times for Compliance With VOC Emission Limits - Sip Revision Policy 1/20/94 Word Perfect file
March 11, 1991 Transition Policy 9/20/93 Word Perfect file
(Date Unknown)Use of Shutdown Credits for Offsets 7/23/93 zip file
April 18, 1993 State-issued PSD permits and consideration of the Endangered Species Act 6/25/93 Word Perfect file
May 20, 1993 Offsets in Nonclassifiable Areas 6/2/93 Word Perfect file
April 6, 1993 Region V response to General Motors request for NSR exemption for switch to Natural Gas 6/3/93 PDF file txt file
February 2, 1993 Memo indicating turbine/co-gen can be considered fossil-fuel-fired boiler for NSR applicability purposes 9/8/93 PDF file txt file
September 10, 1991 EPA's concur. of VA's Class I Significant Impact Levels 4/7/93 Word Perfect file
April 6, 1993 Region V letter on General Motors Alternative Fuels Project. 4/6/93 Word Perfect file
September 3, 1991 Applicability Determination, Golden Aluminum, San Antonia Plant 9/3/91 Word Perfect file

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