On October 12, the Pennsylvania Department of Environmental Protection (PaDEP) released draft technical guidance for single source determinations for oil and gas operations, otherwise known as “air aggregation” determinations. The guidance involves three sections of the Clean Air Act (CAA) - Prevention of Significant Deterioration regulations, nonattainment New Source Review regulations and the Title V permitting program. Specifically, the technical guidance requires aggregation when three conditions are met: 1)the different sources must belong to the same industrial grouping; 2) the sources must be located on one or more contiguous or adjacent properties; and 3) must be under the control of the same person. The guidance centers on the plain meaning of the words; “contiguous or adjacent,” is interpreted as the distance or spatial relationship between locations. A similar approach has been affirmed in West Virginia. Other states, including Texas, Oklahoma and Louisiana, consider sources contiguous or adjacent if they are within a quarter-mile apart. Although public comments will be accepted until November 21, the guidance will be implemented, on an interim basis, immediately.
Register Now As you are not an existing subscriber please register for your free daily legal newsfeed service.Register
If you have any questions about the service please contact email@example.com or call Lexology Customer Services on +44 20 7234 0606.
PaDEP releases technical guidance for air aggregation determinations
If you are interested in submitting an article to Lexology, please contact Andrew Teague at firstname.lastname@example.org.
“The Lexology newsfeed is very relevant to my practice and I like that you can tailor the newsfeed to include specific practice areas. I enjoy seeing a variety of approaches and I will read multiple articles on the...
“The Lexology newsfeed is very relevant to my practice and I like that you can tailor the newsfeed to include specific practice areas. I enjoy seeing a variety of approaches and I will read multiple articles on the same topic for the purpose of getting the fullest understanding of a new law, a court case or other legal development.”
Audrey E Mross
Labor & Employment Attorney
Munck Carter LLP