Technical Support Document for the Equipment Replacement Provision of the Routine Maintenance, Repair and Replacement Exclusion: Reconsideration

摘要

On October 27, 2003, EPA promulgated the Equipment Replacement Provision (ERP), a rule for the NSR permitting program that prospectively defined what types of equipment replacements are excluded from major NSR under the RMRR exclusion. The ERP rule would simplify the permitting process and help preserve the nation's productive capacity (see CAA, Section 101 (b)(1)) without compromising air quality. On November 14, 2003 State and local governmental groups challenging the final rule asked the U.S. Court of Appeals for the District of Columbia Circuit to stay the final ERP (i.e., prevent the rules from taking effect) until the challenges are resolved by the Court. Several environmental groups filed a similar request on November 17, 2003. On December 24, 2003, the Court granted the requests and issued an order to stay the effective date of the ERP.