# Acid Rain Program: Draft Permits and Permit Modifications > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-28275 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** November 15, 1994 ## Text ENVIRONMENTAL PROTECTION AGENCY [FRL-5106-8] Acid Rain Program: Draft Permits and Permit Modifications AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of draft permits and permit modifications. ----------------------------------------------------------------------- SUMMARY: The U.S. Environmental Protection Agency (EPA) is issuing for comment 5-year sulfur dioxide (SO2) and nitrogen oxide (NOX) compliance plans which either amend previously issued Phase I Acid Rain Permits, or will, if approved, result in the issuance of a Phase I Acid Rain Permit to sources not previously required to have one. These actions are taken in accordance with the Acid Rain Program regulations (40 CFR part 72). DATES: Comments on the draft permits and modifications must be received no later than 30 days after the date of this notice (December 15, 1994) or the date of publication of a similar notice in a local newspaper, whichever is later. ADDRESSES: Administrative Records. The administrative record for the permits, except information protected as confidential, may be viewed during normal operating hours at EPA Region 3, 841 Chestnut Building, Philadelphia, PA, 19107. Comments. Send comments, requests for public hearings, and requests to receive notice of future actions to EPA Region 3, Air, Radiation and Toxics Division, Attn: Richard Killian (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 plan. All timely comments will be considered, except those pertaining to standard provisions under 40 CFR 72.9 or issues not relevant to the permit or the permit modification. 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 an SO2 or NOX compliance plan. FOR FURTHER INFORMATION CONTACT: Call Richard Killian, (215) 597-7547. 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 SO2 portion of 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 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 to the following utility plants draft SO2 compliance plans that allocate SO2 emission allowances and approve SO2 compliance plans, consistent with the May 4, 1994 settlement (draft NOX plans are included where appropriate): Phase I Units Designating Substitution Units Armstrong in Pennsylvania: One conditional substitution plan for 1995-1999, in which unit 1 designates Albright unit 1 as a substitution unit; one conditional substitution plan for 1995-1999, in which unit 2 designates Albright unit 2 as a substitution unit. Albright in West Virginia: One conditional substitution plan for 1995-1999, in which unit 3 designates R P Smith unit 9 as a substitution unit. Fort Martin in West Virginia: One substitution plan for 1995-1999, in which unit 2 designates R P Smith unit 11 as a substitution unit; Phase II Substitution Units and NOX Compliance Plans R P Smith in Maryland: 386 conditional substitution allowances for each year 1995-1999 to unit 9; 3,128 substitution allowances for each year 1995-1999 to unit 11 (See Albright and Fort Martin descriptions in Phase I section above); one NOX compliance plan for 1996-1999 in which unit 11 will comply with the standard emission limitation of 0.45 lbs/MMBtu; this unit is not required to meet an emission limitation for NOX until April 1, 1996. Albright in West Virginia: 4,831 conditional substitution allowances for each year 1995-1999 to unit 1; 5,024 conditional substitution allowances for each year 1995-1999 to unit 2 (See Armstrong description in Phase I section above). Mitchell in West Virginia: One NOX compliance plan for 1996- 1999 in which unit 33 will comply with the standard emission limitation of 0.45 lbs/MMBtu; this unit is not required to meet an emission limitation for NOX until April 1, 1996. Dated: November 9, 1994. Brian J. McLean Director, Acid Rain Division, Office of Atmospheric Programs, Office of Air and Radiation. [FR Doc. 94-28275 Filed 11-14-94; 8:45 am] BILLING CODE 6560-50-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-28275. Public record. Not legal advice.