Major Source Determinations for Military Installations under the Air ...

entities at that military installation. 8 Nothing in this
guidance precludes such a finding by an agency or permitting
authority.
2. Leased and Contract-for-Service Activities
Applicability:
Summary:
9
Section 112, NSR, and title V.
In general, leased activities are considered under separate
control and any contract-for-service activities 9 are considered
under the control of the military controlling entity that
controls the contract.
Discussion:
In determining which activities are under common control, a
variety of factors must be considered including the nature of any
contractual, lease, or other agreements that establish how
facilities located at a military installation interact with one
another. In essence, the relevant economic, legal, and
functional relationships between or among facilities must be
examined in making common control determinations. Because of the
great variability that exists in control relationships at
military installations, permitting authorities should make
determinations of common control only after evaluating the
particular operations and interactions at an installation.
In general, the controlling entity 10 is the highest
authority that exercises restraining or directing influence over
a source's economic or other relevant, pollutant-emitting
8 Furthermore, because common control criteria are applied
the same way under the section 112, NSR, and title V programs,
common control determinations at a military installation must be
consistent across applicable programs.
9 The term "contract-for-service" is used in this guidance
to distinguish this type of operation from leases which are also
contractual arrangements.
10 While the controlling entity is usually referred to as
the "owner or operator," this person (or persons) may not be the
literal owner or operator of an activity that he or she is
considered to control.