On December 2, 2019, EPA Administrator Andrew Wheeler issued the "Revised Policy on Exclusions from 'Ambient Air'" to update its "policy on the exclusion of certain areas from the scope of 'ambient air'" under the Clean Air Act's NSR programs. EPA's new policy guidance is that "the atmosphere over land owned or controlled by the stationary source may be excluded from ambient air where the source employs measures, which may include physical barriers, that are effective in precluding access to the land by the general public."
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