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April 7, 1983 PSD Applicability Determination-Southwestern Public Service Company 4.23The 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.