September 21, 2015
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
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The United States Environmental Protection Agency (“EPA”) has proposed a rule to clarify the term “adjacent” in the definitions of:
…”building, structure, facility or installation” used to determine the “stationary source” for purposes of the Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR) programs and “major source” in the title V program as applied to the oil and natural gas sector.
See 80 Fed. Reg. 56579 (Sept. 18, 2015).
EPA states it has previously issued guidance on how to assess “adjacency” for the oil and natural gas sector. However, the agency notes that the use of such guidance has been challenged. This is stated to result in uncertainty for both the regulated community and permitting authorities.
EPA states it is proposing to clarify how properties in the oil and natural gas sector are determined to be adjacent in order to assist permitting authorities and permit applicants in making consistent source determinations for this industry sector. Specifically, the agency is proposing two options for determining whether two or more properties in the oil and natural gas sector are “adjacent” for purposes of defining the stationary source in the Clean Air Act PSD and NNSR programs, and “major source” for the title V program.
The agency’s preferred option defines “adjacent” for the oil and natural gas sector in terms of proximity. Further, EPA is co-proposing and taking comment on an alternative option to define “adjacent” in terms of proximity or functional interrelatedness.
Click here to download a copy of the proposed rule.
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