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EPA/AR

RIN: 2060-AE11

Publication ID: Spring 1997

Title: New Source Review (NSR) Reform
Abstract: The purpose of this action is to revise the Clean Air Act new source review (NSR) regulations, which govern the preconstruction air quality review and permitting programs that are implemented by States and the Federal Government for new and modified major stationary sources of air pollution. This rulemaking seeks to deregulate, that is, exclude from major NSR program requirements those activities of sources that, with respect to air pollution, have little environmental impact. The rulemaking will encourage pollution control and pollution prevention projects at existing sources. Control technology requirements will be clarified with respect to when and how they apply to sources that are covered. The action will more clearly define the roles and requirements of sources, permitting authorities and Federal land managers in the protection of air-quality-related values in Federal Class I areas (i.e., certain national parks and wilderness areas) under the new source review regulations. State, local, and tribal permitting agencies will be given more flexibility to implement program requirements in a manner that meet their specific air quality management needs. Consequently, the rulemaking decreases the number of activities that are subject to NSR requirements and also expedites the permitting process for those sources that are subject to NSR. This action is designed to reduce the regulatory burden over all industries without respect to commercial size or capacity; therefore, it should have no detrimental impact on small businesses. Finally, this action also addresses several pending petitions for judicial review and administrative action pertaining to new source review applicability requirements and control technology review requirements. Regulations that will be affected are State implementation plan requirements for review of new sources and modifications to existing sources (40 CFR 51.160-166), the Federal prevention of significant deterioration program (40 CFR 52.21), and Federal restriction on new source construction (40 CFR 52.24) to be proposed in another rulemaking action.
Agency: Environmental Protection Agency(EPA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Long-Term Actions
Major: No	Unfunded Mandates: No
CFR Citation: 40 CFR 51.160 to 51.166 40 CFR 52.21 40 CFR 52.24
Legal Authority: Clean Air Act as amended in 1990, title I

Timetable:

Action	Date	FR Cite
NPRM	07/23/1996	61 FR 38249
Final Action	04/00/1998

Additional Information: SAN No. 3259.
Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal, Local, State
Included in the Regulatory Plan: Yes
Agency Contact: Dennis Crumpler Environmental Protection Agency Air and Radiation MD-12, Research Triangle Park, NC 27711, Phone:919 541-0871 Fax:919 541-5509 Email: crumpler.dennis@epa.gov