Clean Air and New Source Review: Defining Routine Maintenance (CRS Report for Congress)
| Release Date |
Revised Oct. 11, 2005 |
| Report Number |
RS21608 |
| Report Type |
Report |
| Authors |
Larry Parker, Resources, Science, and Industry Division |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
The Environmental Protection Agency (EPA) final rule on clarifying the definition of routine
maintenance under its New Source Review (NSR) process exempts industrial facilities from
undergoing NSR if they are replacing safety, reliability, and efficiency rated components with new,
functionally equivalent equipment and if the cost of the replacement components is under 20%25
of the replacement value of the process unit. Essentially, the rule permits owners of existing units
to maintain and operate their units at their original design specifications without having to undergo
NSR, a process that could require a source to meet potentially expensive pollution control
requirements. The rule is controversial and being litigated. In December 2003, a three-judge panel
of the D.C. Circuit Court of Appeals blocked implementation of the rule until it can make a final
determination about the case. Legislation being considered in the 109th Congress would permit the
rule to go into effect. This paper will be updated as events warrant.
