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property,plant,building, structure, source, or stationary equipment located on one or more contiguous or adjacent properties in actual physical contact or separated solely by a public roadway or other public right-of-way and under common ownership or common control,that emits or may emit any greenhouse gas. In the case of a landfill, if one entity owns and operates the landfill and a completely separate entity owns and operates the landfill gas energy equipment,they would be two separate facilities(1). (1) http://www.epa.gov/climatechange/emissions/downloadsl0/HH FAQs_final.pdf There are a number of landfill sites and power producing facilities that are not deemed under Common Control. This is consistent with EPA's current thinking and response to the definition of facility as it relates to landfills and landfill gas to electric (LFGTE)plants sited above. A few sites that are reported not to be under common control are: a BENA Landfill (Kern County) and LFGTE (Ameresco)---San Joaquin Valley APCD a Guadalupe Landfill (WM) and LFGTE(GRS)---Bay Area AQMD e Keller Canyon Landfill (Republic) and LFGTE (Ameresco)---Bay Area AQMD a Chiquita Canyon Landfill (Republic) and LFGTE (Ameresco)---South Coast AQMD a Otay Landfill (Republic) and LFGTE (Covanta)---San Diego County APCD a Skunk Creek Landfill (City of Phoenix) and LFGTE (Ameresco)---Maricopa County, AZ a Ostrom Road Landfill (Norcal) and LFGTE (G2)---Feather River AQMD a Ox Mountain Landfill (Republic) and LFGTE (Ameresco)---Bay Area AQMD (EPA was directly involved with permitting). a Foothills Landfill (San Joaquin County) and LFGTE (Ameresco)---San Joaquin Valley APCD Based on the above information and EPA determination of not under common control, Forward and Ameresco should not be considered under Common Control and should have separate permits.