[Federal Register Volume 60, Number 71 (Thursday, April 13, 1995)]
[Proposed Rules]
[Pages 18792-18793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8735]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 76

[AD-FRL-5186-9]
RIN 2060-AD45


Acid Rain Program; Nitrogen Oxides Emission Reduction Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; Response to Court remand.

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SUMMARY: The EPA is today issuing a proposed rule in response to a 
remand by a U.S. Court of Appeals. The rule reinstates emission 
limitations for nitrogen oxides (NOX) from coal-fired utility 
units under section 407 of the Clean Air Act (``the Act''). The 
emission limitations for NOX, along with emission limitations for 
sulfur dioxide from utility plants, will reduce acidic deposition and 
prevent serious adverse effects on natural resources, ecosystems, 
materials, visibility, and public health.
    On March 22, 1994, EPA promulgated a rule establishing NOX 
emission limitations. The rule established emission limits generally 
achievable using ``low NOX burner technology'' and established a 
procedure for obtaining an alternative emission limitation if a unit 
could not achieve the prescribed limit using such technology. On 
November 29, 1994, the U.S. Court of Appeals for the District of 
Columbia Circuit ruled that the definition of ``low NOX burner 
technology'' in the March 22, 1994 rule exceeded EPA's statutory 
authority. The Court vacated the rule and remanded it to the Agency for 
further proceedings. On March 28, 1995, EPA and environmental and 
utility-industry parties signed an agreement addressing the March 22, 
1994 regulations, including issues raised by the Court's remand.
    Based on the Court's decision and a review of the record, the 
Agency is now revising the March 22, 1994 regulations. The low-
NOX-burner-technology definition is revised to comply with the 
Court's decision. Other provisions concerning the compliance date for 
Phase I NOX emission limitations, AELs, and plans for averaging 
NOX emissions of two or more units are also revised. Because the 
rule revisions are consistent with the Court's decision and the Agency 
does not expect to receive adverse comments, the revisions are 

[[Page 18793]]
also being issued as a direct final rule in the Final Rules section of 
this Federal Register. The revisions are also consistent with the March 
28, 1995 agreement.

DATES: Comments on the regulations proposed by this action must be 
received on or before May 15, 1995.

ADDRESSES: Comments. All written comments must be identified with the 
appropriate docket number (Docket No. A-92-15) and must be submitted 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-92-15, containing information considered 
during development of the promulgated standards and requirements in 
this proposal, 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. A reasonable fee may be charged for 
copying. Additional data and information pertaining to the rule may be 
found in Docket No. A-90-39.

FOR FURTHER INFORMATION CONTACT: Peter Tsirigotis, Acid Rain Division 
(6204J), U.S. Environmental Protection Agency, 401 M Street SW, 
Washington, DC 20460 (for technical matters) at (202) 233-9620; or 
Dwight C. Alpern (same address) (for legal matters) at (202) 233-9151.

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 portion of the direct final rule, that portion will be 
withdrawn and all public comment received on that portion 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 revisions, 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 76

    Environmental protection, Acid rain program, Air pollution control, 
Nitrogen oxides, Incorporation by reference, Reporting and 
recordkeeping requirements.

    Dated: March 31, 1995.
Carol M. Browner,
Administrator.
[FR Doc. 95-8735 Filed 4-12-95; 8:45 am]
BILLING CODE 6560-50-P