Acid Rain Program; Nitrogen Oxides Emission Reduction Program

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 76

[AD-FRL-5186-9]

RIN 2060-AD45

Acid Rain Program; Nitrogen Oxides Emission Reduction Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; Response to Court remand.

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SUMMARY: The EPA is today issuing a proposed rule in response to a

remand by a U.S. Court of Appeals. The rule reinstates emission

limitations for nitrogen oxides (NOX) from coal-fired utility

units under section 407 of the Clean Air Act (``the Act''). The

emission limitations for NOX, along with emission limitations for

sulfur dioxide from utility plants, will reduce acidic deposition and

prevent serious adverse effects on natural resources, ecosystems,

materials, visibility, and public health.

On March 22, 1994, EPA promulgated a rule establishing NOX

emission limitations. The rule established emission limits generally

achievable using ``low NOX burner technology'' and established a

procedure for obtaining an alternative emission limitation if a unit

could not achieve the prescribed limit using such technology. On

November 29, 1994, the U.S. Court of Appeals for the District of

Columbia Circuit ruled that the definition of ``low NOX burner

technology'' in the March 22, 1994 rule exceeded EPA's statutory

authority. The Court vacated the rule and remanded it to the Agency for

further proceedings. On March 28, 1995, EPA and environmental and

utility-industry parties signed an agreement addressing the March 22,

1994 regulations, including issues raised by the Court's remand.

Based on the Court's decision and a review of the record, the

Agency is now revising the March 22, 1994 regulations. The low-

NOX-burner-technology definition is revised to comply with the

Court's decision. Other provisions concerning the compliance date for

Phase I NOX emission limitations, AELs, and plans for averaging

NOX emissions of two or more units are also revised. Because the

rule revisions are consistent with the Court's decision and the Agency

does not expect to receive adverse comments, the revisions are

[[Page 18793]]

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

this Federal Register. The revisions are also consistent with the March

28, 1995 agreement.

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

received on or before May 15, 1995.

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

appropriate docket number (Docket No. A-92-15) and must be submitted in

duplicate to EPA Air Docket Section (6102), Waterside Mall, Room M1500,

1st Floor, 401 M Street, SW, Washington DC 20460.

Docket. Docket No. A-92-15, containing information considered

during development of the promulgated standards and requirements in

this proposal, is available for public inspection and copying between

8:30 a.m. and 3:30 p.m., Monday through Friday, at EPA's Air Docket

Section at the above address. A reasonable fee may be charged for

copying. Additional data and information pertaining to the rule may be

found in Docket No. A-90-39.

FOR FURTHER INFORMATION CONTACT: Peter Tsirigotis, Acid Rain Division

(6204J), U.S. Environmental Protection Agency, 401 M Street SW,

Washington, DC 20460 (for technical matters) at (202) 233-9620; or

Dwight C. Alpern (same address) (for legal matters) at (202) 233-9151.

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 portion of the direct final rule, that portion will be

withdrawn and all public comment received on that portion 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 revisions, 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 76

Environmental protection, Acid rain program, Air pollution control,

Nitrogen oxides, Incorporation by reference, Reporting and

recordkeeping requirements.

Dated: March 31, 1995.

Carol M. Browner,

Administrator.

[FR Doc. 95-8735 Filed 4-12-95; 8:45 am]

BILLING CODE 6560-50-P