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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.

April 2, 1979 Enforceability Requirements Under Condition 2 of the Emission Offset Policy 27.1

Crucible desires to construct two electric arc furnaces in a nonattainment area, and will be governed by the original Emission Offset Policy of Dec. 21, 1976. All existing sources owned or controlled by Crucible in the same AQCR are in compliance with a state court timetable contains no provisions for federal enforcement. Condition 2 is not satisfied.

Since the State court decree is not federally enforceable, condition 2 is not met and the permit application cannot be approved. The compliance timetable was not the subject of an enforcement order under Section 113 and is not part of the SIP.

The revised Emission Offset Policy is consistent with this approach regarding condition 2, saying that all existing sources owner or operated by the applicant must be in compliance with all emission limitations and standards under the Act (or in compliance with an expeditious schedule which is federally enforceable or contained in a court decree). DSSE has interpreted this a meaning a federal court decree.

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