Acid Rain Program: Permits; Proposed Rule

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 72

[FRL-5109-7]

RIN 2060-AF55

Acid Rain Program: Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Title IV of the Clean Air Act, as amended by Public Law 101-

549, the Clean Air Act Amendments of 1990 (the Act), authorizes the

Environmental Protection Agency (EPA or Agency) to establish the Acid

Rain Program. On January 11, 1993, the Agency promulgated final rules

under title IV. Several parties filed petitions for review of the

rules. On August 10, 1994, EPA and other parties signed a settlement

agreement addressing certain substitution plan issues.

Based on a review of the record, the Agency concludes that the

January 11, 1993 regulations concerning the eligibility of units to be

designated as substitution units should be revised. Under sections

404(b) and (c) of the Act, a unit that is not listed in Table A of

section 404 as being subject to Phase I of the Acid Rain Program (i.e.,

a non-Table A unit) and that is under the control of the owner or

operator of a unit listed in Table A of section 404 (i.e., a Table A

unit) may be designated as a substitution unit. The January 11, 1993

regulations state that the Table A unit and each non-Table A unit that

the Table A unit designates as a substitution unit must have ``the same

owner or operator.''

The Agency is proposing to revise the regulations in order to

specify more clearly the circumstances under which the statutory

``control'' requirement for substitution plans is met. Because the rule

revision is consistent with the August 10, 1994 settlement and the

Agency does not anticipate receiving adverse comments, the revision is

also being issued as a direct final rule in the final rules section of

this Federal Register.

DATES: Comments on the regulations proposed by this action must be

received on or before December 22, 1994.

ADDRESSES: Comments. All written comments must be identified with the

appropriate docket number and must be submitted in duplicate to: EPA

Air Docket Section (LE-131), Waterside Mall, room 1500, lst floor, 401

M Street, SW., Washington DC 20460.

Docket. Docket No. A-93-40, containing supporting information used

to develop the proposal, copies of all comments received, and responses

to comments, is available for public inspection and copying from 8:30

a.m. to 12 p.m. and 1 p.m. to 3:30 p.m., Monday through Friday,

excluding legal holidays, at EPA's Air Docket Section (LE-131),

Waterside Mall, room 1500, 1st floor, 401 M Street, SW., Washington DC

20460. A reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: Dwight C. Alpern, Attorney-advisor, at

(202) 233-9151, Acid Rain Division (6204J), U.S. Environmental

Protection Agency, 401 M Street, SW., Washington DC 20460, or the Acid

Rain Hotline at (202) 233-9620.

SUPPLEMENTARY INFORMATION: If no significant, adverse comments are

timely received, no further activity is contemplated in relation to

this proposed rule and the direct final rule in the final rules section

of this Federal Register will automatically go into effect on the date

specified in that rule. If significant, adverse comments are timely

received on any provision, that provision of the direct final rule will

be withdrawn and all public comment received on that provision will be

addressed in a subsequent final rule based on the relevant portions of

this proposed rule. Because the Agency will not institute a second

comment period on this proposed rule, any parties interested in

commenting should do so during this comment period.

For further supplemental information, the detailed rationale, and

the rule provisions, see the information provided in the direct final

rule in the final rules section of this Federal Register.

List of Subjects in 40 CFR Part 72

Environmental protection, Acid rain, Air pollution control,

Electric utilities, Permits, Reporting and recordkeeping requirements,

Sulfur dioxide.

Dated: November 14, 1994.

Carol M. Browner,

Administrator.

[FR Doc. 94-28709 Filed 11-21-94; 8:45 am]

BILLING CODE 6560-50-F