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Correspondence



July 27, 2000

Albert Calderon, President
Calderon Energy Company of Bowling Green
P.O. Box 126
Bowling Green, Ohio 43402


Dear Mr. Calderon:

We have received your letter and enclosure dated June 8, 2000, regarding your request for a separate source determination for your proposed research and development facility, Calderon Coke LLC (Calderon). You propose to construct and operate Calderon on property leased from LTV Steel (LTV). Calderon, which will be researching and developing a novel cokemaking process, shares the same Standard Industrial Classification (SIC) code with LTV.

40 C.F.R. 52.21(b) (5) and (6) defines a stationary source as “all of the pollutant emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control)....” Pollutant-emitting activities are part of the same industrial grouping if the first two digits of their SIC codes are the same. 40 C.F.R. 52.21(b)(6).

From our review of your June 8, 2000, correspondence, it appears that there is no evidence of common control between Calderon and LTV. As noted above, common control is necessary to a finding that adjacent facilities with the same SIC code constitute a single source. Therefore, it does not appear, based on the information presented, that Calderon and LTV are a single source for purposes of applicability of new source review requirements.
However, because we have only limited information, this document constitutes guidance rather than a formal applicability determination.

We look forward to working with the Ohio Environmental Protection Agency to ensure that Calderon receives any necessary permits and anticipate environmentally beneficial results from Calderon’s


novel cokemaking process. If we can answer any questions
regarding this matter, please contact Steve Gorg, of my staff,
at (312) 353-4145.


Sincerely yours,

/s/


Pamela Blakley, Chief
Permits and Grants Section (IL/IN/OH)

cc: Mike Hopkins, OEPA