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EPA/AR

RIN: 2060-AN28

Publication ID: Fall 2005

Title: ●Prevention of Significant Deterioration and Nonattainment New Source Review: Alternative Applicability Test for Electric Generating Units
Abstract: This rulemaking would create an alternative applicability test for existing electric generating units (EGUs) that are subject to the regulations governing the Prevention of Significant Deterioration (PSD) and nonattainment major New Source Review (NSR) programs mandated by parts C and D of title I of the Clean Air Act (CAA). This alternative applicability test would be available for EGUs that are also subject to the EPA-administered Clean Air Interstate Rule (CAIR) NOx Annual Trading Program or the CAIR SO2 Trading Program. This alternative applicability test could be extended to other CAIR and non-CAIR EGUs. For existing major stationary sources, the NSR base program applicability test is applied when the source proposes to modify an emissions unit such that the change is a physical change or change in the method of operation, and the test compares actual emissions to either potential emissions or projected actual emissions. Under this rulemaking's alternative NSR applicability test (a maximum hourly test like that used in the NSPS program), we would compare the EGU's maximum hourly emissions (considering controls) before the change for the past 5 years to the maximum hourly emissions after the change.
Agency: Environmental Protection Agency(EPA)	Priority: Other Significant
RIN Status: First time published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 40 CFR Part 51 40 CFR Part 52 (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: Clean Air Act, Title I Parts C and D and Section 111(a)(4)

Legal Deadline: None

Statement of Need: Utilization of this rulemaking's alternative NSR applicability test for existing EGUs would encourage increased utilization at the more efficient units by displacing energy production at less efficient ones.

Summary of the Legal Basis: Parts C and D of title I of the Clean Air Act; CAA section 111(a)(4)

Alternatives: The proposed basis for the applicability test is a comparison of maximum hourly emissions, which will enhance the implementation and environmental benefits for existing EGUs. We request comment on alternative bases for an alternative applicability test.

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	10/00/2005

Additional Information: SAN No. 4794.2; Split from RIN 2060-AM95.
Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal, Local, State, Tribal
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: Yes
RIN Information URL: www.epa.gov/nsr
Agency Contact: Janet McDonald Environmental Protection Agency Air and Radiation Research Triangle Park, NC 27711 Phone:919 541-1450 Email: mcdonald.janet@epamail.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