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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.

June 12, 1981 PSD Determination: Sun Oil Company and the Definition of Major Modification 2.17

A source may increase its hours of operation and take an exemption under 52.21(b)(2)(iii)(f) (which exempts from review an increase in hours of operation or production, unless prohibited by an enforceable permit condition established after January 6, 1975) if it had received a permit restricting operation before January 6, 1975. January 6, 1975 marks the beginning of the PSD program. Action taken prior to that date could not have been undertaken with any prior knowledge of the PSD requirements. This in fact acknowledged in the wording of the exemption which refers to permit conditions established after January 6, 1975. Therefore, the source could take the exemption if their permit was issued prior to January 6, 1975.

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