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April 7, 1983 PSD Applicability
Determination-Southwestern Public Service Company 4.23
The removal of control equipment
(scrubbers in this case) would not
constitute a major modification under
NSPS based on 40 CFR 60.14(e)(5). The
PSD modification provisions do not
specifically contain this exemption.
However, the Clean Air Act provides that
modifications for PSD shall be defined as
in Section 111(a) for NSPS modifications.
EPA has interpreted this to include all
exemptions to modifications included in
the NSPS regs. prior to the enactment of
the PSD regs. to be inherently included
in the PSD exemptions.
However, another qualification is that the
change must not be less environmentally
beneficial does not necessarily mean that the
same conclusion must be reached under PSD.
This must also be evaluated before it can be
exempted as a major modification.
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