| EPA Adopts Simpler Test for “Common Control”
September 4, 2018 | Eric L. Hiser |
| On April 30, 2018, Assistant Administrator Bill Wehrum issued a letter to Patrick McDonnell, Secretary of the Pennsylvania Department of Environmental Protection, substantially overhauling how EPA looks at “common control” under the NSR and Title V permit programs. In lieu of the old multi-factor test, EPA now directs focusing on “the power or authority of one entity to dictate decisions of the other that could affect the applicability of, or compliance with, relevant air pollution regulatory requirements.” Attachment at 6. The new guidance is discussed in more detail below. |