[Federal Register Volume 59, Number 224 (Tuesday, November 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28709]


[[Page Unknown]]

[Federal Register: November 22, 1994]


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Part III





Environmental Protection Agency





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40 CFR Part 72




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