This article examines the issues concerning source determinations for oil and gas exploration and production facilities. Part II outlines relevant Clean Air Act programs. Part III discusses the regulatory history of EPA’s definition of “stationary source” and the development of the Agency’s aggregation policy, followed by application of that policy in recent source determinations. Part IV gives an overview of the aggregation regulations and policies from various oil and gas producing states. Part V provides criticism of EPA’s aggregation policy and its interpretation of the “contiguous or adjacent” factor in the definition of source. Additionally, this section provides the basis for a court challenge of EPA’s interpretation of “contiguous or adjacent.” Finally, Part VI briefly discusses EPA’s New Source Review circumvention policy and how it affects oil and gas facilities.
Recommended CitationSteven H. Lord Jr., Aggregation Consternation: Clean Air Act Source Determination Issues in the Oil & Gas Patch, 29 Pace Envtl. L. Rev. 645 (2012)
Available at: http://digitalcommons.pace.edu/pelr/vol29/iss3/1