[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  
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[[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.

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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