[Federal Register Volume 64, Number 199 (Friday, October 15, 1999)]
[Proposed Rules]
[Page 55880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26659]



[[Page 55880]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 76

[FRL-6455-5]


Acid Rain Program--Nitrogen Oxides Emission Reduction Program, 
Rule Revision in Response to Court Remand

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
revise the regulations for the Acid Rain Nitrogen Oxides Emission 
Reduction Program under title IV of the Clean Air Act (Act) in response 
to a remand by the U.S. Court of Appeals for the District of Columbia 
Circuit. In December 1996, EPA issued regulations setting nitrogen 
oxides (NOX) emission limits for specified types of 
existing, coal-fired boilers, including cell burner boilers, that are 
subject to such limits starting in 2000. In February 1998, the Court 
upheld the regulations except for one provision addressing what boilers 
qualify as cell burner boilers. The Court vacated and remanded that 
provision. EPA is revising the regulations, consistent with the Court's 
decision, to treat, as a cell burner boiler, any boiler subject to the 
limits starting in 2000, constructed as a cell burner boiler, and 
converted to the burner configuration of a wall-fired boiler. Under the 
regulations, a cell burner boiler must meet an annual average 
NOX emission limit of 0.68 lb/mmBtu. The NOX 
emission limits under title IV will reduce the serious, adverse effects 
of NOX emissions on human health, visibility, ecosystems, 
and materials.

DATES: Written comments on this proposed rule must be received by 
November 29, 1999.
    Public Hearing: Anyone requesting a public hearing must submit a 
request, which must be received by EPA by no later than October 22, 
1999.

ADDRESSES: Comments: Commenters must identify all written comments with 
the appropriate docket number (Docket No. A-95-28) and must submit them 
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-95-28, containing supporting information used 
in developing the direct final rule, 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. EPA may charge a 
reasonable fee for copying.

FOR FURTHER INFORMATION CONTACT: Dwight C. Alpern, at (202) 564-9151, 
U.S. Environmental Protection Agency, 401 M Street, SW, Washington, DC 
20460; or the Acid Rain Hotline at (202) 564-9089.

SUPPLEMENTARY INFORMATION: We are proposing to revise the provision 
concerning cell burner boilers in the regulations for the Acid Rain 
Nitrogen Oxides Emission Reduction Program. In the ``Rules and 
Regulations'' section of today's Federal Register, we are adopting the 
revision as a direct final rule because we view the revision as 
noncontroversial and anticipate no adverse comment. We have explained 
our reasons for the revision in the preamble to the direct final rule. 
If we receive no timely, adverse comment, we will not take further 
action on this proposed rule. If we receive timely, adverse comment, we 
will withdraw the direct final rule and it will not take effect. We 
will address all public comments in a subsequent final rule based on 
this proposed rule. We will not institute a second comment period on 
this action. Any parties interested in commenting must do so at this 
time.

List of Subjects in 40 CFR Part 76

    Environmental protection, Acid rain program, Air pollution control, 
Electric utilities, Nitrogen oxides.

    Dated: October 5, 1999.
Carol M. Browner,
Administrator.
[FR Doc. 99-26659 Filed 10-14-99; 8:45 am]
BILLING CODE 6560-50-P