By OGJ editors
WASHINGTON, DC, Feb. 17 -- The US Environmental Protection Agency is extending the comment period on a proposed rule to provide a regulatory definition of "routine maintenance, repair, and replacement" for the New Source Review (NSR) program.
Comments were originally due Mar. 3; interested parties may now file comments through May 2. Meanwhile, the agency will hold five simultaneous regional public hearings.
EPA said its November 2002 proposed rule gives power generators, refiners, and other industrial operators greater flexibility to improve and modernize their operations in ways that reduce energy use and air pollution. The agency also issued a final rule effective Mar. 3 that changes the way the agency tracks stationary source emissions. Both the final and proposed rule include incentives refiners say will encourage them to invest in more pollution control and prevention projects.
In its latest action, EPA is allowing for more comment on the proposed rule, but the final rule will move forward as scheduled.
"We are taking this action today to provide additional opportunity for comment and participation," said EPA Administrator Christine Whitman on Feb. 13. "I believe that full public participation is key to our review of the NSR program."
Earlier this month, 10 northeast states petitioned the US Court of Appeals for the District of Columbia Circuit to stop EPA from moving forward with its NSR reform plans. The states participating in the stay motion are Connecticut, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island and Vermont.
The states argue that both the proposed and final rules violate federal clean air rules because they, in effect, exempt numerous refineries, factories, and power plants from meeting emission targets.