Acid Rain Program: Final Permits

Federal RegisterAug 4, 1994

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5026-9]

Acid Rain Program: Final Permits

agency: Environmental Protection Agency (EPA).

action: Notice of permits.

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summary: The U.S. Environmental Protection Agency (EPA) is issuing, as

a direct final action, 5-year Phase I Acid Rain Permits to 39 utility

plants in accordance with the Acid Rain Program regulations (40 CFR

part 72).

dates: The permits will become final on September 13, 1994, except

those permits on which EPA receives significant adverse comment by

September 6, 1994. If EPA receives significant adverse comment on a

permit, EPA will withdraw the direct final issuance of that permit and

simultaneously repropose the permit. Such reproposal will provide an

opportunity for public comment and requests for a public hearing.

addresses: Administrative Records. The administrative record for the

permits, except information protected as confidential, may be viewed

during normal operating hours at these locations:

For plants in Massachusetts and New Hampshire: EPA Region 1, JFK

Building, One Congress St., Boston, MA 02203.

For plants in Indiana, Michigan, Ohio, and Wisconsin: EPA Region 5,

Ralph H. Metcalfe Federal Bldg., 77 West Jackson Blvd., Chicago, IL

60604.

For plants in Iowa: EPA Region 7, 726 Minnesota Ave., Kansas City,

KS 66101.

For plants in Utah and Wyoming: EPA Region 8, 999 18th St., Suite

500, Denver, CO 80202.

Comments. Send comments to the following addresses:

For plants in Massachusetts and New Hampshire: EPA Region 1, Air,

Pesticides, and Toxics Management Division, Attn: Linda Murphy,

Director (address above).

For plants in Indiana, Michigan, Ohio, and Wisconsin: EPA Region 5

(A-18J), Air and Radiation Division, Attn: David Kee, Director (address

above).

For plants in Iowa: EPA Region 7, Air and Toxics Division, Attn:

Jon Knodel (address above).

For plants in Utah and Wyoming: EPA Region 8, Air and Toxics

Division, Attn: Patricia Hull, Director (address above).

Submit comments in duplicate and identify the permit to which the

comments apply, the commenter's name, address, and telephone number,

and the commenter's interest in the matter and affiliation, if any, to

the owners and operators of all units in the permit. In the comment,

include objections to the permit and the legal, factual, or other basis

for the objections. This information will be used by EPA to determine

if the comment is a significant adverse comment.

for further information contact: Contact the following persons for more

information about a permit listed in this notice:

For plants in Massachusetts and New Hampshire, Ian Cohen, (617)

565-3229.

For plants in Indiana, Genevieve Nearmyer, (312) 353-4761; in

Michigan and Wisconsin, Beth Valenziano, (312) 886-2703; and in Ohio,

Allan Batka, (312) 886-7316.

For plants in Iowa, Jon Knodel, (913) 551-7622.

For plants in Utah and Wyoming, Mark Komp, (303) 293-0956.

supplementary information: Title IV of the Clean Air Act directs EPA to

establish a program to reduce the adverse effects of acidic deposition

by promulgating rules and issuing permits to emission sources subject

to the program. On January 11, 1993, EPA promulgated final rules

implementing the program. Subsequently, several parties filed petitions

for review of the rules with the U.S. Court of Appeals for the District

of Columbia Circuit. On November 18, 1993, EPA published a notice of

proposed revisions to rules regarding Phase I substitution and reduced

utilization plans (sections 404 (b) and (c) and 408(c)(1)(B) of the

Act). On May 4, 1994, EPA and other parties signed a settlement

agreement addressing the substitution and reduced utilization issues.

In today's action, EPA is issuing permits that are consistent with

the May 4, 1994 settlement. Except as noted below, EPA approves for

1995-1999 all compliance options for which EPA deferred action for

1996-1999 in the draft permits. In addition, except as noted below, the

numbers of substitution and compensating unit allowances allocated to

each unit for 1995-1999 are identical to the numbers of allowances

allocated to each unit for 1995 in the draft permits. The additional

allowances discussed below, according to the settlement, are a one-time

allocation and entail a simultaneous deduction of an equal number of

allowances in a future year. Upon activation of conditionally-approved

plans, substitution or compensating unit allowances are allocated for

the remaining years the plan is in effect. EPA issues the following

permits:

Brayton Point in Massachusetts.

Mount Tom in Massachusetts: 10,708 substitution allowances for each

year and 736 additional allowances to unit 1 upon activation of

substitution plan, and 736 additional allowances if the unit becomes

affected for nitrogen oxides (NOX).

Salem Harbor in Massachusetts: 5,710 compensating allowances for 1

year and 845 additional allowances to unit 1 upon activation of reduced

utilization plan, and disapproval of part of reduced utilization plan

for remaining 4 years; 5,698 compensating allowances for 1 year and 998

additional allowances to unit 2 upon activation of reduced utilization

plan, and disapproval of part of reduced utilization plan for remaining

4 years; 9,055 compensating allowances for 1 year and 1,672 additional

allowances to unit 3 upon activation of reduced utilization plan, and

disapproval of part of reduced utilization plan for remaining 4 years.

Merrimack in New Hampshire.

Newington in New Hampshire: 20,127 substitution allowances for each

year and 440 additional allowances to unit 1 upon activation of

substitution plan.

H T Pritchard in Indiana: 1,458 substitution allowances for each

year and 1,384 additional allowances to unit 5, and 1,458 compensating

allowances for 1 year and 692 additional allowances to unit 5 upon

activation of reduced utilization plan, and disapproval of reduced

utilization plan for remaining 4 years; no change for unit 6.

Petersburg in Indiana: No change for units 1 and 2; 15,471

substitution allowances for each year and 1,218 additional allowances

to unit 3, and 15,471 compensating allowances for 1 year and 609

additional allowances to unit 3 upon activation of reduced utilization

plan, and disapproval of reduced utilization plan for remaining 4

years; 12,864 substitution allowances for each year and 5,040

additional allowances to unit 3, and 12,864 compensating allowances for

1 year and 2,520 additional allowances to unit 4 upon activation of

reduced utilization plan, and disapproval of reduced utilization plan

for remaining 4 years.

Rockport in Indiana: 21,581 substitution allowances for each year

and 355 additional allowances to unit MB1 upon activation of

substitution plan, and 355 additional allowances if the unit becomes

affected for NOX.

B C Cobb in Michigan: 5,325 substitution allowances for each year

and 619 additional allowances to unit 4 upon activation of substitution

plan, and 619 additional allowances if the unit becomes affected for

NOX; 5,511 substitution allowances for each year and 599

additional allowances to unit 5 upon activation of substitution plan,

and 599 additional allowances if the unit becomes affected for

NOX.

Dan E Karn in Michigan: 10,151 substitution allowances for each

year and 577 additional allowances to unit 1 upon activation of

substitution plan, and 577 additional allowances if the unit becomes

affected for NOx; 10,984 substitution allowances for each year and

777 additional allowances to unit 2 upon activation of substitution

plan, and 777 additional allowances if the unit becomes affected for

NOx; no change for units 3 and 4.

J C Weadock in Michigan: 5,437 substitution allowances for each

year and 796 additional allowances to unit 7 upon activation of

substitution plan, and 796 additional allowances if the unit becomes

affected for NOx; 5,451 substitution allowances for each year and

743 additional allowances to unit 8 upon activation of substitution

plan, and 743 additional allowances if the unit becomes affected for

NOx.

J H Campell in Michigan: No change for units 1 and 2; 25,847

substitution allowances for each year and 324 additional allowances to

unit 3 upon activation of substitution plan, and 324 additional

allowances if the unit becomes affected for NOx.

J R Whiting in Michigan: 4,188 substitution allowances for each

year and 355 additional allowances to unit 1 upon activation of

substitution plan, and 377 additional allowances if the unit becomes

affected for NOx; 4,304 substitution allowances for each year and

348 additional allowances to unit 2 upon activation of substitution

plan, and 348 additional allowances if the unit becomes affected for

NOx; 5,498 substitution allowances for each year and 451

additional allowances to unit 3 upon activation of substitution plan,

and 451 additional allowances if the unit becomes affected for

NOx.

Presque Isle in Michigan.

Cardinal in Ohio.

Conesville in Ohio.

Picway in Ohio.

Poston in Ohio: 0 substitution allowances and 3,797 additional

allowances to unit 1; 0 substitution allowances and 3,542 additional

allowances to unit 2; 0 substitution allowances and 4,642 additional

allowances to unit 3.

Tidd in Ohio.

Alma in Wisconsin: 2,207 substitution allowances for each year and

2,898 additional allowances to unit B4 upon activation of substitution

plan, and 2,898 additional allowances if the unit becomes affected for

NOx; 3,624 substitution allowances for each year and 4,531

additional allowances to unit B5 upon activation of substitution plan,

and 4,531 additional allowances if the unit becomes affected for

NOx.

Columbia in Wisconsin.

Edgewater in Wisconsin: 4,493 substitution allowances for each and

754 additional allowances to unit 3 upon activation of substitution

plan; no changes to units 4 and 5.

Genoa in Wisconsin.

J P Madgett in Wisconsin: 6,407 substitution allowances for each

year and 455 additional allowances to unit B1 upon activation of

substitution plan, and 455 additional allowances if the unit becomes

affected for NOx.

Nelson Dewey in Wisconsin.

North Oak Creek in Wisconsin.

Port Washington in Wisconsin: 956 substitution allowances for each

year and 1,012 additional allowances to unit 1 upon activation of

substitution plan, and 1,012 additional allowances if the unit becomes

affected for NOx; 2,354 substitution allowances for each year and

1,428 additional allowances to unit 2 upon activation of substitution

plan, and 1,428 additional allowances if the unit becomes affected for

NOx; 1,965 substitution allowances for each year and 1,143

additional allowances to unit 3 upon activation of substitution plan,

and 1,143 additional allowances if the unit becomes affected for

NOx; 1,623 substitution allowances for each year and 1,122

additional allowances to unit 4 upon activation of substitution plan,

and 1,122 additional allowances if the unit becomes affected for

NOx, 0 substitution allowances and 3,412 additional allowances to

unit 5 upon activation of substitution plan, and 3,412 substitution

allowances if the unit becomes affected for NOx.

Pulliam in Wisconsin: 488 substitution allowances for each year and

28 additional allowances to unit 3 upon activation of substitution

plan, and 28 additional allowances if the unit becomes affected for

NOx; 750 substitution allowances for each year and 23 additional

allowances to unit 4 upon activation of substitution plan, and 23

additional allowances if the unit becomes affected for NOx; 2,097

substitution allowances for each year and 157 additional allowances to

unit 5 upon activation of substitution plan, and 157 additional

allowances if the unit becomes affected for NOx; 2,844

substitution allowances for each year and 94 additional allowances to

unit 6 upon activation of substitution plan, and 94 additional

allowances if the unit becomes affected for NOx; 7,317

substitution allowances for each year and 244 additional allowances to

unit 7 upon activation of substitution plan, and 244 additional

allowances if the unit becomes affected for NOx; no change to unit

8.

Rock River in Wisconsin: 5,398 substitution allowances for each

year and 498 additional allowances to unit 1 upon activation of

substitution plan; 4,034 substitution allowances for each year and

1,673 additional allowances to unit 2 upon activation of substitution

plan.

South Oak Creek in Wisconsin.

Stoneman in Wisconsin: 355 substitution allowances for each year

and 649 additional allowances to unit B1 upon activation of

substitution plan, and 649 additional allowances if the unit becomes

affected for NOX; 447 substitution allowances for each year and

826 additional allowances to unit B2 upon activation of substitution

plan, and 926 additional allowances if the unit becomes affected for

NOX.

Valley in Wisconsin: 3,633 substitution allowances for each year

and 42 additional allowances to unit 1 upon activation of substitution

plan, and 42 additional allowances if the unit becomes affected for

NOX; 3,671 substitution allowances for each year and 42 additional

allowances to unit 2 upon activation of substitution plan, and 42

additional allowances if the unit becomes affected for NOX; 3,372

substitution allowances for each year and 32 additional allowances to

unit 3 upon activation of substitution plan, and 32 additional

allowances if the unit becomes affected for NOX; 3,280

substitution allowances for each year and 31 additional allowances to

unit 4 upon activation of substitution plan, and 31 additional

allowances if the unit becomes affected for NOX.

Weston in Wisconsin: 1,579 substitution allowances for each year

and 634 additional allowances to unit 1 upon activation of substitution

plan, and 634 additional allowances if the unit becomes affected for

NOX; 3,580 substitution allowances for each year and 1,737

additional allowances if the unit becomes affected for NOX; no

change for unit 3.

Burlington in Iowa: disapproval of reduced utilization plans and

parts of plans for 4 years for unit 1.

Prairie Creek in Iowa: no change for unit 3; disapproval of reduced

utilization plans and parts of reduced utilization plans for unit 4.

Sutherland in Iowa: 8,430 compensating allowances for 1 year and

468 additional allowances to unit 3 upon activation of reduced

utilization plan and disapproval of reduced utilization plans and parts

of plans for remaining 4 years.

Gadsby in Utah: 0 substitution allowances for 1995 and 1996 and

2,890 additional allowances to unit 3.

Jim Bridger in Wyoming: 4,968 substitution allowances for 1995 and

1996 and 28,342 additional allowances to unit BW71; 4,859 substitution

allowances for 1995 and 1996 and 27,760 additional allowances to unit

BW72; 4,655 substitution allowances for 1995 and 1996 and 26,578

additional allowances to unit BW73.

Wyodak in Wyoming: 6,434 substitution allowances for 1995 and 1996

and 20,842 additional allowances to unit BW91.

Dated: July 26, 1994.

Brian J. McLean,

Director, Acid Rain Division, Office of Atmospheric Programs, Office of

Air and Radiation.

[FR Doc. 94-19060 Filed 8-3-94; 8:45 am]

BILLING CODE 6560-50-M

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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