[Federal Register Volume 60, Number 69 (Tuesday, April 11, 1995)]
[Proposed Rules]
[Page 18472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8602]
Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 /
Proposed Rules
=======================================================================
-----------------------------------------------------------------------
[[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.
-----------------------------------------------------------------------
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]
BILLING CODE 6560-50-P
