[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