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EPA/AR RIN: 2060-AN28 Publication ID: Fall 2008 
Title: Prevention of Significant Deterioration and Nonattainment New Source Review: Emission Increases for Electric Generating Units 
Abstract: This rulemaking would revise the emissions 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). The existing emissions test compares actual emissions to either potential emissions or projected actual emissions. Under this rulemaking's revised NSR emissions 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. The maximum hourly emissions test will be based either on maximum achieved or maximum achievable hourly emissions, measured on an input or an output basis. One proposed option provides that the maximum hourly emissions increase test would be followed by the annual emissions increase test in the current rules. 
Agency: Environmental Protection Agency(EPA)  Priority: Other 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 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.

Anticipated Costs and Benefits: We are not able to provide quantitative estimates of the costs and benefits of this rule because of the difficulty in identifying the quantity and locations of sources that will utilize this rulemaking in the future, and the difficulty in specifically quantifying the difference in environmental outcomes that would result with and without the rule. Qualitatively, our analysis indicates that we anticipate a reduction in recordkeeping and reporting - and therefore a decrease in cost - and we expect that the environmental benefits of the program would not significantly change and may improve as a result of the positive impact on the safety, reliability, and efficiency of EGUs as a result of this rulemaking.

Risks: We are not able to provide quantitative risk information because of the difficulty in identifying the quantity and locations of sources that will utilize this rulemaking in the future, and the difficulty in specifically quantifying the difference in environmental outcomes that would result with and without the rule.

Timetable:
Action Date FR Cite
NPRM  10/20/2005  70 FR 61081   
Supplemental NPRM  05/08/2007  72 FR 26202   
Notice of public hearing  06/07/2007  72 FR 31491   
Final Action  12/00/2008    
Additional Information: SAN No. 4794.2; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2005/October/Day-20/a20983.htm; Split from RIN 2060-AM95.; EPA Docket information: EPA-HQ-OAR-2005-0163
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  
RIN Data Printed in the FR: No 
Agency Contact:
Lisa Sutton
Environmental Protection Agency
Air and Radiation
C504-03,
Research Triangle Park, NC 27711
Phone:919 541-4991
Fax:919 541-5315
Email: sutton.lisa@epa.gov

Dave Svendsgaard
Environmental Protection Agency
Air and Radiation
C504-03,
Research Triangle Park, NC 27711
Phone:919 541-2380
Fax:919 541-5509
Email: svendsgaard.dave@epa.gov