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March 28, 1978 Jewell Coal and Coke Company - Applicability of Condition 2 of the Interpretative Ruling 23.13

A national can plant was closed 11/77. A new Reynolds metal can plant is to be built several blocks from the closed facility, in the same nonattainment area. The spot vacated by the closed facility is now occupied by a totally different plant. The new plant would not be considered a replacement facility. Although fulflling the time requirement specified in Footnote 6 (the source shutdown occurred after the date of enactment of the 1977 CAAA), this does not fulfill the requirement that the new source clearly be a replacement. The new source will be constructed at a different location by a different company, and at a time nearly two years after the old source closed down.

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