Applicability Determination Requests

Submitting Requests Concerning Applicability and Compliance Requirements of Certain Clean Air Act Stationary Source Programs

The following provides instructions on how to submit an applicability and compliance requirement request to EPA Region 5 for the following:

• New Source Performance Standards (NSPS) under CAA section 111(b) and 40 CFR part 60
• National Emission Standards for Hazardous Air Pollutants (NESHAP) under CAA section 112 and 40 CFR parts 61 and 63
• Emission Guidelines for Federal Plans and State Plans under CAA section 111(d) and 40 CFR parts 60 and 62
• Solid Waste Incinerator Rules under CAA section 129 and 40 CFR parts 60 and 62

Formal written requests and informal requests related to a NSPS, NESHAP, section 111(d), or section 129 rule that are submitted to EPA, which include the four most common types of requests (applicability determinations, regulatory interpretations, alternative test methods, and alternative monitoring) should be directed to the following:

For applicability determination requests and regulatory interpretations, please email your request to R5AirPermits@epa.gov. 

For alternative test methods and alternative monitoring requests, please email your request to R5AirEnforcement@epa.gov.

For additional guidance on determining the type of request, please refer to the EPA Process Manual for Responding to Requests Concerning Applicability and Compliance Requirement of Certain Clean Air Act Stationary Source Programs for 111(b), 112, 111(d), and 129 (pdf) (846.28 KB, July 2020) .

Please note: If any information as part of the request contains material that the applicant considers “confidential business information”, please note that in your request and the reason why you consider this confidential business information.