[Federal Register Volume 60, Number 24 (Monday, February 6, 1995)]
[Notices]
[Pages 7051-7052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2831]



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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5150-2]


Acid Rain Program: NOX Compliance Plans

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Status of NOX Compliance Plans in Final Acid 
Rain Permits.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) is providing 
notice of the status of NOX compliance plans in final Acid Rain 
permits that were issued prior to November 29, 1994, the date on which 
the U.S. Court of Appeals for the District of Columbia Circuit issued a 
decision vacating the Acid Rain NOX regulations contained in part 
76. Prior to November 29, 1994, EPA had issued draft NOX 
compliance plans for public comment and, after the close of the public 
comment periods, issued final permits or permit revisions that included 
approved NOX compliance plans. Under the plans, units were 
required to meet the standard NOX emission limitations or the 
requirements of NOX averaging plans, and some units were granted 
15-month NOX compliance extensions. The [[Page 7052]] emission 
limitations and compliance plan requirements were set forth in part 76.
    On November 29, 1994, the U.S. Court of Appeals for the District of 
Columbia Circuit determined that, in promulgating part 76, the Agency 
had exceeded its statutory authority. The Court vacated part 76. 
Consequently, those NOX compliance plans that the Agency had 
approved prior to November 29, 1994 are no longer in effect. The Court 
decision has no effect on any other provisions of the permits, 
including the SO2 compliance plans. The permits containing the 
NOX compliance plans are listed below. Upon reissuance of NOX 
regulations, EPA will again address the status of these NOX 
compliance plans.
    EPA notes that there are some NOX compliance plans that were 
submitted, but not acted on before November 29, 1994 or were submitted 
after November 29, 1994. In light of the Court's decision, the Agency 
has deferred action on any NOX compliance plans that had not 
already been acted on by that date.
    Permits for the following sources contain previously approved 
NOX compliance plans for all Phase I units with Group 1 boilers 
located at the sources. These plans are not in effect at this time:
    Dunkirk, Greenidge, and Milliken in New York.
    Chalk Point and Morgantown in Maryland.
    Armstrong, Bruce Mansfield, Brunner Island, Cheswick, Conemaugh, 
Martins Creek, New Castle, Portland, Shawville, and Sunbury in 
Pennsylvania.
    Albright, Fort Martin, Harrison, Mitchell, and Mt Storm in West 
Virginia.
    Colbert and E C Gaston in Alabama.
    Crist in Florida.
    Bowen, Hammond, Jack McDonough, Wansley, and Yates in Georgia.
    Coleman, Cooper, East Bend, E W Brown, Elmer Smith, Ghent, Green 
River, H L Spurlock, HMP&L Station 2, and R D Green in Kentucky.
    Jack Watson in Mississippi.
    Gallatin and Johnsonville in Tennessee.
    Baldwin, Grand Tower, Hennepin, Hutsonville, Joppa Steam, 
Meredosia, Newton, and Vermilion in Illinois.
    Cayuga, Elmer W Stout, F B Culley, Frank E Ratts, Gibson, H T 
Pritchard, Petersburg, R Gallagher, and Wabash River in Indiana.
    J H Campbell in Michigan.
    High Bridge and Sherburne County in Minnesota
    Ashtabula, Conesville, East Lake, Edgewater, Gorge, Miami Fort, 
Picway, R E Burger, Toronto, W H Sammis, and Walter C. Beckjord in 
Ohio.
    Genoa, South Oak Creek, and Pulliam in Wisconsin.
    Burlington, Milton L Kapp, Prairie Creek, and Riverside in Iowa.
    Quindaro in Kansas.
    Hawthorn, James River, Labadie, Montrose, Southwest, and Thomas 
Hill in Missouri.
    Gadsby in Utah.
    Jim Bridger (units BW71, BW72, and BW73 only) and Wyodak in 
Wyoming.

FOR FURTHER INFORMATION CONTACT: Contact Dwight C. Alpern, (202) 233-
9151.

    Dated: January 31, 1995.
Brian J. McLean,
Director, Acid Rain Division, Office of Atmospheric Programs, Office of 
Air and Radiation.
[FR Doc. 95-2831 Filed 2-3-95; 8:45 am]
BILLING CODE 6560-50-P