Acid Rain Program: Permits

[[Page 18472]]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 72

[FRL-5186-4]

RIN 2060-AE59

Acid Rain Program: Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Title IV of the Clean Air Act (the Act), as amended by the

Clean Air Act Amendments of 1990, authorizes the Environmental

Protection Agency (EPA or Agency) to establish the Acid Rain Program.

The program sets emissions limitations to reduce acidic deposition and

its serious, adverse effects on natural resources, ecosystems,

materials, visibility, and public health. On January 11, 1993, the

Agency promulgated final rules under title IV. Several parties filed

petitions for review of the rules. On January 10, 1995, EPA and the

parties signed a settlement agreement addressing reduced utilization

issues.

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

January 11, 1993, regulations concerning reduced utilization should be

revised. The regulations require that, unless certain requirements are

met, the designated representative of a unit in Phase I of the program

whose annual utilization of fuel is less than the unit's average annual

utilization in 1985-1987 submit reduced utilization plans. The

regulations also require designated representatives to submit end-of-

year compliance certification reports that, based on specified

formulas, estimate the sulfur dioxide emissions resulting from

underutilization of Phase I units and to surrender allowances for the

estimated emissions. The Agency is revising the regulations to simplify

the criteria for determining whether a reduced utilization plan must be

submitted: where the end-of-year reporting and allowance surrender

requirements are met, such plans are not required. Further, the Agency

is revising the formulas for estimating the emissions resulting from

underutilization to correct certain errors, clarify certain provisions,

and take account of and facilitate compliance by Phase I units that

have multiple owners or whose owners are required by law to purchase

electricity from non-utility power production facilities.

Because the rule revision is consistent with the January 10, 1995,

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 May 11, 1995.

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, 1st floor, 401

M St. 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 12:00 p.m. and 1:00 p.m. to 3:30 p.m., Monday through Friday,

excluding legal holidays, at EPA's Air Docket Section, Waterside Mall,

Room 1500, 1st floor, 401 M St. 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 St. 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 program, Air pollution control,

Compliance plans, Electric utilities, Permits, Reporting and

recordkeeping requirements, Sulfur dioxide.

Dated: March 31, 1995.

Carol M. Browner,

Administrator, Environmental Protection Agency.

[FR Doc. 95-8602 Filed 4-10-95; 8:45 am]

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