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[Federal Register Volume 63, Number 84 (Friday, May 1, 1998)]
[Rules and Regulations]
[Pages 24116-24117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11662]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 76

[FRL-6006-2]
RIN 2069-AF48

Acid Rain Program; Nitrogen Oxides Emission Reduction Program

AGENCY: Environmental Protection Agency.

[[Page 24117]]

ACTION: Final rule in response to court order.

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SUMMARY: This action removes a provision of a final rule concerning 
emission limitations for the second phase of the Nitrogen Oxides 
Reduction Program under Title IV of the Clean Air Act (``Act''). The 
provision was recently remanded to EPA by the U.S. Court of Appeals for 
the District of Columbia Circuit at EPAs request.

EFFECTIVE DATE: May 1, 1998.

FOR FURTHER INFORMATION CONTACT:
Dwight C. Alpern, Acid Rain Division (6204J), U.S. Environmental 
Protection Agency, 401 M Street, SW, Washington, D.C. 20460, (202) 564-
9151.

SUPPLEMENTARY INFORMATION: On April 13, 1995, EPA promulgated nitrogen 
oxides (``NOX'') emission limitations (in lb/mmBtu) for 
certain types of coal-fired utility boilers for the Acid Rain Program 
under title IV of the Act. 60 FR 18751 (1995). EPA set limits of 0.45 
and 0.50 lb/mmBtu respectively for tangentially fired boilers and dry 
bottom, wall fired boilers (``Group 1 boilers''). On December 19, 1996, 
EPA promulgated additional NOX emission limitations for 
Phase II of the program, i.e., revised limits for Group 1 boilers and 
new limits for cell burner, cyclone, wet bottom, and vertically fired 
boilers (``Group 2 boilers''). 61 FR 67112 (1996). In setting the 
December 19, 1996 NOX limits, EPA also promulgated a final 
rule provision (i.e. Sec. 76.16) that addressed the relationship 
between NOX requirements under titles I and IV of the Act 
and provided a mechanism under which the December 19, 1996 
NOX limits would become inapplicable to certain boilers. As 
part of recent litigation in which the December 19, 1996 regulations 
were upheld by the Court (Appalachian Power v. U.S. EPA, 135 F.3d 791 
(D.C. Cir., 1998)), EPA requested a remand, which was granted by the 
Court, of Sec. 76.16 in order to provide additional opportunity for 
public comment on the provision. In todays action, EPA is removing the 
existing, final provision in Sec. 76.16 and will take no further action 
on the provision in the instant rulemaking proceeding. In a separate, 
future rulemaking proceeding, EPA intends to propose a similar 
provision (i.e., as a new, proposed Sec. 76.16) and provide an 
additional opportunity for public comment.
    For the reasons discussed above, this action is not a ``significant 
regulatory action'' and is therefore not subject to review by the 
Office of Management and Budget under Executive Order 12866 (58 FR 
51735 (1993)). For the same reasons, this action does not impose annual 
costs of $100 million or more, will not significantly or uniquely 
affect small governments, and is not a significant federal 
intergovernmental mandate. With regard to this action, the Agency thus 
has no obligations under sections 202, 203, 204, and 205 of the 
Unfunded Mandates Reform Act of 1995 (P.L. 104-4). Moreover, since this 
action is not subject to notice-and-comment requirements under the 
Administrative Procedure Act or any other statute, the action is not 
subject to the provisions of the Regulatory Flexibility Act (5 U.S.C. 
601, et seq.).
    The Congressional Review Act, 5 U.S.C. 801, et seq., as added by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. EPA will submit a report containing this 
action and any other required information to the U.S. Senate, the U.S. 
House of Representatives, and the Comptroller General of the General 
Accounting Office prior to publication of this document in the Federal 
Register. This action is not a ``major rule'' as defined in 5 U.S.C. 
804(2).

List of Subjects in 40 CFR Part 76

    Environmental protection, Acid rain, Air pollution control, 
Electric utilities, Nitrogen oxides, Reporting and recordkeeping 
requirements, Sulfur oxides.

    Dated: April 24, 1998.
Richard D. Wilson,
Assistant Administrator for Air and Radiation.

    Accordingly, for the reasons set out above, 40 CFR part 76 is 
amended as follows:

PART 76--[AMENDED]

    1. The authority citation for part 761 continues to read as 
follows:

    Authority: 42 U.S.C. 7601 and 7651, et seq.

Sec. 576.16  [Removed]

    2. Section 76.16 is removed.
[FR Doc. 98-11662 Filed 4-30-98; 8:45 am]
BILLING CODE 6560-50-P
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