[Federal Register Volume 66, Number 41 (Thursday, March 1, 2001)]
[Proposed Rules]
[Page 12979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-722]



  Federal Register / Vol. 66, No. 41 / Thursday, March 1, 2001 / 
Proposed Rules  

[[Page 12979]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 72, 74, and 78

[FRL-6930-8]


Acid Rain Program--Permits Rule Revision, Industrial Utility-
Units Exemption

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
remove the provision for the industrial utility-units exemption in the 
permits rule for the Acid Rain Program under title IV of the Clean Air 
Act (Act). The purpose of the Acid Rain Program is to significantly 
reduce emissions of sulfur dioxide and nitrogen oxides from utility 
electric generating plants in order to reduce the adverse health and 
ecological effects of acidic deposition (or acid rain) resulting from 
these emissions. In January 1993, EPA issued rules implementing the 
program, including the permits rule. In October 1997, EPA revised the 
permits rule in order to add, among other things, a provision 
establishing a limited exemption from the program for certain 
industrial boilers (referred to as ``industrial utility-units''). One 
party filed a petition for review challenging the industrial utility-
units exemption. On August 23, 2000, EPA and the petitioning party 
signed a settlement agreement addressing the exemption provision. 
Today, EPA is proposing to remove the industrial utility-units 
exemption. This action is consistent with the August 23, 2000 
settlement.

DATES: If you want to submit any written comments on this proposed 
rule, EPA must receive the written comments by April 16, 2001.
    Public Hearing: If you want to request a public hearing, you must 
submit a written request, which EPA must receive by March 8, 2001. 
Refer to the EPA website at http://www.epa.gov/acidrain to determine if 
a public hearing has been requested and will be held.

ADDRESSES: Comments: If you submit any written comments on this 
proposed rule, the comments must reference Docket No. A-95-56 and must 
be submitted in duplicate to EPA's Air and Radiation Docket and 
Information Center (6102), 401 M Street, SW., Room M-1500, Washington, 
DC 20460.
    Docket: Docket No. A-95-56, containing supporting information used 
in developing the direct final rule, is available for public inspection 
and copying between 8:30 a.m. and 5:30 p.m., Monday through Friday, at 
EPA's Air and Radiation Docket and Information Center 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, 1200 Pennsylvania Ave., NW., 
(6204J), Washington, DC 20460; or the Acid Rain Hotline at (202) 564-
9089.

SUPPLEMENTARY INFORMATION: EPA is proposing to remove the industrial 
utility-units exemption in the permits rule for the Acid Rain Program. 
In the ``Rules and Regulations'' section of today's Federal Register, 
we are vacating the exemption as a direct final rule because we view 
the vacating of the exemption as noncontroversial and anticipate no 
adverse comment. We have explained our reasons for the vacating of the 
exemption 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 then 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 Parts 72, 74, and 78

    Environmental protection, Acid rain program, Administrative 
practice and procedure, Air pollution control, Electric utilities, 
Permits, Reporting and recordkeeping requirements, Sulfur dioxide.

    Dated: January 3, 2001.
Carol M. Browner,
Administrator.
[FR Doc. 01-722 Filed 2-28-01; 8:45 am]
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