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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 
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 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