Acid Rain ProgramNitrogen Oxides Emission Reduction Program, Rule Revision in Response to Court Remand

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 76

[FRL-6455-5]

Acid Rain Program--Nitrogen Oxides Emission Reduction Program,

Rule Revision in Response to Court Remand

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to

revise the regulations for the Acid Rain Nitrogen Oxides Emission

Reduction Program under title IV of the Clean Air Act (Act) in response

to a remand by the U.S. Court of Appeals for the District of Columbia

Circuit. In December 1996, EPA issued regulations setting nitrogen

oxides (NOX) emission limits for specified types of

existing, coal-fired boilers, including cell burner boilers, that are

subject to such limits starting in 2000. In February 1998, the Court

upheld the regulations except for one provision addressing what boilers

qualify as cell burner boilers. The Court vacated and remanded that

provision. EPA is revising the regulations, consistent with the Court's

decision, to treat, as a cell burner boiler, any boiler subject to the

limits starting in 2000, constructed as a cell burner boiler, and

converted to the burner configuration of a wall-fired boiler. Under the

regulations, a cell burner boiler must meet an annual average

NOX emission limit of 0.68 lb/mmBtu. The NOX

emission limits under title IV will reduce the serious, adverse effects

of NOX emissions on human health, visibility, ecosystems,

and materials.

DATES: Written comments on this proposed rule must be received by

November 29, 1999.

Public Hearing: Anyone requesting a public hearing must submit a

request, which must be received by EPA by no later than October 22,

1999.

ADDRESSES: Comments: Commenters must identify all written comments with

the appropriate docket number (Docket No. A-95-28) and must submit them

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-95-28, containing supporting information used

in developing the direct final rule, 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. EPA may charge a

reasonable fee for copying.

FOR FURTHER INFORMATION CONTACT: Dwight C. Alpern, at (202) 564-9151,

U.S. Environmental Protection Agency, 401 M Street, SW, Washington, DC

20460; or the Acid Rain Hotline at (202) 564-9089.

SUPPLEMENTARY INFORMATION: We are proposing to revise the provision

concerning cell burner boilers in the regulations for the Acid Rain

Nitrogen Oxides Emission Reduction Program. In the ``Rules and

Regulations'' section of today's Federal Register, we are adopting the

revision as a direct final rule because we view the revision as

noncontroversial and anticipate no adverse comment. We have explained

our reasons for the revision in the preamble to the direct final rule.

If we receive no timely, adverse comment, we will not take further

action on this proposed rule. If we receive timely, adverse comment, we

will withdraw the direct final rule and it will not take effect. We

will address all public comments in a subsequent final rule based on

this proposed rule. We will not institute a second comment period on

this action. Any parties interested in commenting must do so at this

time.

List of Subjects in 40 CFR Part 76

Environmental protection, Acid rain program, Air pollution control,

Electric utilities, Nitrogen oxides.

Dated: October 5, 1999.

Carol M. Browner,

Administrator.

[FR Doc. 99-26659 Filed 10-14-99; 8:45 am]

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