Applicability Determinations

Highlights

Applicability Determination Index

EPA writes responses to source owners or operators who need to know whether certain intended actions constitute the commencement of construction, reconstruction, or modification to the New Source Performance Standards (NSPS) in 40 CFR Parts 60 and the National Emission Standards for Hazardous Air Pollutants (NESHAP) in 40 CFR Parts 61 and 63, under the Clean Air Act.

These inquiries are called Clean Air Act Applicability Determinations.

The NSPS and NESHAP also allow sources to seek permission to use monitoring or recordkeeping which is different from the promulgated requirements. EPA's written responses to these inquiries are broadly termed alternative monitoring decisions.