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EPA/AR RIN: 2060-AK28 Publication ID: Fall 2002 
Title: Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Routine Maintenance, Repair, and Replacement 
Abstract: The EPA is proposing revisions to the regulations governing the NSR programs mandated by parts C and D of title I of the Clean Air Act (Act). These proposed changes reflect the EPA's consideration of the discussions and recommendations of the President's National Energy Policy Report and from various stakeholders including representatives from industry, State and local governments, and environmental groups. The proposed changes provide a future category of activities that would be considered to be routine maintenance, repair, and replacement (RMR&R) under the NSR program. The changes are intended to provide greater regulatory certainty without sacrificing the current level of environmental protection and benefit derived from the program. We believe that these changes will facilitate the safe, efficient, and reliable operation of affected facilities. 
Agency: Environmental Protection Agency(EPA)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: uncollected 
CFR Citation: 40 CFR 51.165    40 CFR 51.166    40 CFR 52.21    40 CFR 52.24   
Legal Authority: 42 USC 7401 et seq   
Legal Deadline:  None

Statement of Need: The current New Source Review regulations provide for an exclusion from the definition of major modifications for "routine maintenance, repair, and replacement" activities; however, they do not provide a definition of this term. Specific questions regarding the application of this term have been addressed on a case-by-case basis. By providing a future category of activities that would be considered to be routine maintenance, repair, and replacement (RMR&R) under the NSR program, these changes will provide greater regulatory certainty without sacrificing the current level of environmental protection and benefit derived from the program.

Summary of the Legal Basis: 42 USC 7411(a)(4)

Alternatives: Alternative considerations that will affect what activities would be considered to be RMR&R will be included in the proposal.

Anticipated Costs and Benefits: The Agency will conduct analyses to the extent appropriate to inform decisions on the rule. Such analyses will be introduced as part of the proposed rule and developed further for the final rule.

Risks: Risk information will be developed as appropriate as the rulemaking proceeds.

Timetable:
Action Date FR Cite
NPRM  11/00/2002    
Final Rule  10/00/2003    
Additional Information: SAN No. 4676
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State, Tribal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
Agency Contact:
David Svendsgaard
Environmental Protection Agency
Air and Radiation
C304-04, Research Triangle Park, NC 27711,
Phone:919 541-2380
Fax:919 541-5509
Email: svendsgaard.dave@epa.gov

Juan Santiago
Environmental Protection Agency
Air and Radiation
C504-05,
Research Triangle Park, NC 27711
Phone:919 541-1084
Fax:919 541-5509
Email: santiago.juan@epamail.epa.gov