March 11, 1981 Summary of PSD Policy Determinations Made by Region IV 3.16

1. Treatment of fugitive emissions with regard to PSD applicability.

2. A proposed physical change must, by itself, result in a net increase greater than de minimus in order to be subject to PSD (see PSD/120).

3. Allowable emissions can be presumed to represent actual emissions for new sources and, therefore, an increase in production at the PSD source is not an increase in actual emissions. (Also see PSD/120).

4. Example 3 above occurs at an existing source which did not have a new source construction permit under the SIP (see PSD/120).

5. An iron foundry is considered to be one of the 28 PSD categories (i.e., a secondary metal production plant) if it uses scrap metal to produce iron, even if the metal is poured into molds.

6. Applicability of offset requirements from new source with a SIP construction permit whose permit conditions did not prohibit subsequent increases.

7. A whiskey distillery is not considered to be one of the 28 PSD categories, specifically a chemical process plant. A chemical process plant is any establishment in Major Group 28 of the SIC Code. Beverage distilleries are in Major Group 20.

8. A proposed increase in emissions is not subject to PSD unless the triggering increase is of the same pollutant as the one for which a significant increase results. (Also see PSD/120).

9. The 50 ton per year exemption under 40 CFR 52.21(i)(7) is pollutant specific.

10. Operating permits are not Federally enforceable; however, the State can impart Federally enforceable conditions to a construction permit issued for the source in accordance with the New Source Review procedures of the SIP at the time of issuance.

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