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EPA Gives Cos. Some Guidance On Aggregation

Law360 (January 13, 2009, 12:00 AM EST) -- The U.S. Environmental Protection Agency issued a new rule saying that businesses don't have to combine emissions from modifications to a facility for the purpose of figuring out whether the New Source Review permitting program applies unless those modifications are “substantially related.”

Despite the fact that the term “substantially related” is still open to interpretation, the clarification should reduce uncertainty for businesses and allow them to segregate unrelated projects, said Larry Demase, a Pittsburgh-based partner and environmental lawyer with Reed Smith LLP.

"Industrial and power-sector sources...
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