Acid Rain Program: Draft Acid Rain Permits; Public Comment Period

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5081-2]

Acid Rain Program: Draft Acid Rain Permits; Public Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Draft Permits and Public Comment Period.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) is issuing for

comment draft, five-year Acid Rain permits to 16 utility plants in

accordance with the Acid Rain Program regulations (40 CFR part 72).

DATES: Comments on each draft permit must be received on or before

October 28, 1994 or the date of publication of a similar notice in a

local newspaper, whichever is later.

ADDRESSES: Administrative Records. The administrative record for each

draft permit, except information protected as confidential, may be

viewed during normal operating hours at EPA Region 5, Ralph H. Metcalfe

Federal Bldg., 77 West Jackson Blvd., Chicago, IL 60604.

Comments. Send comments, requests for public hearings, and requests

to receive notice of future actions concerning a draft permit to EPA

Region 5 (A-18J), Air and Radiation Division, Attn: David Kee, Director

(address above).

Submit all 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 covered by the permit.

All timely comments will be considered, except those pertaining to

standard provisions under 40 CFR 72.9 or issues not relevant to the

permit.

Hearings. To request a public hearing, state the issues proposed to

be raised in the hearing. EPA may schedule a hearing if EPA finds that

it will contribute to the decision-making process by clarifying

significant issues affecting the draft permit.

FOR FURTHER INFORMATION CONTACT: Contact the following persons for more

information about the draft permits for plants: in Illinois, Cecilia

Mijares, (312) 886-0968; in Indiana, Genevieve Nearmyer, (312) 353-

4761; in Minnesota, Allan Batka, (312) 886-7316; and in Ohio, Franklin

Echevarria, (312) 886-9653.

SUPPLEMENTARY INFORMATION: EPA proposes to approve a permit for each

affected utility plant that specifies sulfur dioxide emission

allowances and compliance plans as set forth in the notices of final

permits cited below. An allowance is a limited authorization by EPA to

emit up to one ton of sulfur dioxide during or after a specified

calendar year. As explained in the notice of withdrawal of final

permits (published elsewhere in today's Federal Register), these final

permits were issued as direct final actions and are withdrawn because

of the submission of significant, adverse comments objecting to the

issuance of the final permits.

The draft permits set forth in this notice are based on and

consistent with the Partial Settlement Agreement in Environmental

Defense Fund v. Carol M. Browner, No. 93-1203 (D.C. Cir. 1993), which

the Administrator determined to be a reasonable resolution of certain

litigation issues concerning the Acid Rain regulations, and which was

signed on behalf of the Administrator on May 4, 1994. Further, the

draft permit for Petersburg is consistent with other provisions of the

Acid Rain regulations (e.g., 40 CFR 72.42) issued on January 11, 1993,

that were challenged in the permit proceeding and in a petition for

review. The Administrator finds, under section 307(b)(1) of the Clean

Air Act, that the draft permits are based on a determination of

nationwide scope and effect. In the absence of such a finding, appeals

of the permits or appeals encompassing issues raised in the instant

proceeding would involve petitions for review before more than one

Circuit of the U.S. Courts of Appeals.

The following permits (See 59 FR 39339-39341, August 2, 1994 or 59

FR 39767-39768, August 4, 1994) are issued for public comment:

Collins in Illinois.

Crawford in Illinois.

Fisk in Illinois.

Joliet 9 in Illinois.

Joliet 29 in Illinois.

Powerton in Illinois.

State Line in Illinois.

Waukegan in Illinois.

Will County in Illinois.

Petersburg in Indiana.

Allen S. King in Minnesota.

Black Dog in Minnesota.

High Bridge in Minnesota.

Riverside in Minnesota.

Sherburne County in Minnesota.

Poston in Ohio.

Dated: September 21, 1994.

Brian J. McLean,

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

Air and Radiation.

[FR Doc. 94-23979 Filed 9-27-94; 8:45 am]

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