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EPA/AR

RIN: 2060-AK28

Publication ID: Spring 2003

Title: Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Routine Maintenance, Repair, and Replacement
Abstract: This rulemaking provides specific categories of activities that would qualify as "routine maintenance, repair, and replacement" under the Clean Air Act's New Source Review Program. The current New Source Review regulations do not define this term, and there has been considerable debate over the years over the scope of activities that should be included. The new definition will provide an additional level of certainty for regulated entities and regulatory agencies with respect to program applicability. While this rule will affect small businesses and state/local/tribal governments, this rule is intended to simplify the regulatory process and decrease the burden on these and other entities.
Agency: Environmental Protection Agency(EPA)	Priority: Economically Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
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 adding a definition of "routine maintenance, repair, and replacement," regulated entities and regulatory agencies will be provided an additional level of certainty in addressing applicability issues.

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

Alternatives: Alternatives will be developed as the rulemaking proceeds.

Anticipated Costs and Benefits: Cost and benefit information will be developed as appropriate as the rulemaking proceeds.

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

Timetable:

Action	Date	FR Cite
NPRM	12/31/2002	67 FR 80290
Final Action	12/00/2003

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