United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 1995_register executive 2010-09-25 article Rules and Regulations D09002ee1be0629b5 D09002ee1be062a3a United States Environmental Protection Agency originator org United States Government Agency or Subagency The EPA is today issuing this final rule in response to a remand by a U.S. Court of Appeals. The rule reinstates emission limitations for nitrogen oxides (NO<INF>X) from coal-fired utility units under section 407 of the Clean Air Act (``the Act''). The emission limitations for NO<INF>X, along with emission limitations for sulfur dioxide from utility plants, will reduce acidic deposition and its serious adverse effects on natural resources, ecosystems, materials, visibility, and public health. On March 22, 1994, EPA promulgated a rule establishing NO<INF>X emission limitations. The rule established emission limits generally achievable using ``low NO<INF>X burner technology'' and established a procedure for obtaining an alternative emission limitation (AEL) 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 NO<INF>X 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- NO<INF>X-burner-technology definition is revised to comply with the Court's decision. Other provisions concerning the compliance date for Phase I NO<INF>X emission limitations, AELs, and plans for averaging NO<INF>X emissions of two or more units are also revised. In general, the revisions reduce compliance requirements, extend the compliance date, and increase compliance flexibility. The rule revisions are issued as a direct final rule because they are consistent with the Court's decision and no adverse comment is expected. The revisions are also consistent with the March 28, 1995 agreement. 60 FR 18751 https://www.govinfo.gov/app/details/FR-1995-04-13/95-8742 95-8742 fr13ap95-15 RIN 2060-AD45 6560-50-P AD-FRL-5186-5 https://www.govinfo.gov/app/details/FR-1995-04-13/95-8742 https://www.govinfo.gov/content/pkg/FR-1995-04-13/html/95-8742.htm https://www.govinfo.gov/content/pkg/FR-1995-04-13/pdf/95-8742.pdf 27 p. 18751 18777 60 FR 18751 Title 40 Part 76 40 CFR Part 76 RIN 2060-AD45 Acid Rain Program: Nitrogen Oxides Emission Reduction Program; Federal Register Vol. 60, Issue RULE 95-8742 ENVIRONMENTAL PROTECTION AGENCY 1995-05-23 1995-05-15 AD-FRL-5186-5 6560-50-P 95-8742 Direct final rule; response to court remand.

The EPA is today issuing this final rule in response to a remand by a U.S. Court of Appeals. The rule reinstates emission limitations for nitrogen oxides (NO<INF>X) from coal-fired utility units under section 407 of the Clean Air Act (``the Act''). The emission limitations for NO<INF>X, along with emission limitations for sulfur dioxide from utility plants, will reduce acidic deposition and its serious adverse effects on natural resources, ecosystems, materials, visibility, and public health. On March 22, 1994, EPA promulgated a rule establishing NO<INF>X emission limitations. The rule established emission limits generally achievable using ``low NO<INF>X burner technology'' and established a procedure for obtaining an alternative emission limitation (AEL) 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 NO<INF>X 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- NO<INF>X-burner-technology definition is revised to comply with the Court's decision. Other provisions concerning the compliance date for Phase I NO<INF>X emission limitations, AELs, and plans for averaging NO<INF>X emissions of two or more units are also revised. In general, the revisions reduce compliance requirements, extend the compliance date, and increase compliance flexibility. The rule revisions are issued as a direct final rule because they are consistent with the Court's decision and no adverse comment is expected. The revisions are also consistent with the March 28, 1995 agreement.

This direct final rule will be effective on May 23, 1995 unless significant, adverse comments are received by May 15, 1995. If significant, adverse comments are timely received on any portion of the direct final rule, that portion of the direct final rule will be withdrawn through a notice in the Federal Register. 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 Vol. 60, no. 71 Office of the Federal Register, National Archives and Records Administration 1995-04-13 continuing daily deposited born digital 231 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-1995-04-13 P0b002ee180a833d9 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr13ap95 https://www.govinfo.gov/app/details/FR-1995-04-13 https://www.govinfo.gov/content/pkg/FR-1995-04-13/pdf/FR-1995-04-13.pdf fdlp 18727 18948 DGPO 2010-09-25 2023-05-07 FR-1995-04-13 machine generated eng FR FR-1995-04-13 60 71