18472 Federal Register / Vol. 60, No. 69 / Tuesday, April 11, 1995 / Proposed Rules

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 72

[FRL–5186–4]

RIN 2060–AE59

Acid Rain Program: Permits

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: Title IV of the Clean Air Act

(the Act), as amended by the Clean Air

Act Amendments of 1990, authorizes

the Environmental Protection Agency

(EPA or Agency) to establish the Acid

Rain Program. The program sets

emissions limitations to reduce acidic

deposition and its serious, adverse

effects on natural resources, ecosystems,

materials, visibility, and public health.

On January 11, 1993, the Agency

promulgated final rules under title IV.

Several parties filed petitions for review

of the rules. On January 10, 1995, EPA

and the parties signed a settlement

agreement addressing reduced

utilization issues.

Based on a review of the record, the

Agency concludes that the January 11,

1993, regulations concerning reduced

utilization should be revised. The

regulations require that, unless certain

requirements are met, the designated

representative of a unit in Phase I of the

program whose annual utilization of

fuel is less than the unit’s average

annual utilization in 1985–1987 submit

reduced utilization plans. The

regulations also require designated

representatives to submit end-of-year

compliance certification reports that,

based on specified formulas, estimate

the sulfur dioxide emissions resulting

from underutilization of Phase I units

and to surrender allowances for the

estimated emissions. The Agency is

revising the regulations to simplify the

criteria for determining whether a

reduced utilization plan must be

submitted: where the end-of-year

reporting and allowance surrender

requirements are met, such plans are not

required. Further, the Agency is revising

the formulas for estimating the

emissions resulting from

underutilization to correct certain

errors, clarify certain provisions, and

take account of and facilitate

compliance by Phase I units that have

multiple owners or whose owners are

required by law to purchase electricity

from non-utility power production

facilities.

Because the rule revision is consistent

with the January 10, 1995, settlement

and the Agency does not anticipate

receiving adverse comments, the

revision is also being issued as a direct

final rule in the final rules section of

this Federal Register.

DATES: Comments on the regulations

proposed by this action must be

received on or before May 11, 1995.

ADDRESSES: Comments. All written

comments must be identified with the

appropriate docket number and must be

submitted in duplicate to: EPA Air

Docket Section (LE–131), Waterside

Mall, Room 1500, 1st floor, 401 M St.

SW., Washington, DC 20460.

Docket. Docket No. A–93–40,

containing supporting information used

to develop the proposal, copies of all

comments received, and responses to

comments, is available for public

inspection and copying from 8:30 a.m.

to 12:00 p.m. and 1:00 p.m. to 3:30 p.m.,

Monday through Friday, excluding legal

holidays, at EPA’s Air Docket Section,

Waterside Mall, Room 1500, 1st floor,

401 M St. SW., Washington, DC 20460.

A reasonable fee may be charged for

copying.

FOR FURTHER INFORMATION CONTACT:

Dwight C. Alpern, Attorney-Advisor, at

(202) 233–9151, Acid Rain Division

(6204J), U.S. Environmental Protection

Agency, 401 M St. SW., Washington, DC

20460, or the Acid Rain Hotline at (202)

233–9620.

SUPPLEMENTARY INFORMATION: If no

significant, adverse comments are

timely received, no further activity is

contemplated in relation to this

proposed rule and the direct final rule

in the final rules section of this Federal

Register will automatically go into effect

on the date specified in that rule. If

significant, adverse comments are

timely received on any provision, that

provision of the direct final rule will be

withdrawn and all public comment

received on that provision will be

addressed in a subsequent final rule

based on the relevant portions of this

proposed rule. Because the Agency will

not institute a second comment period

on this proposed rule, any parties

interested in commenting should do so

during this comment period.

For further supplemental information,

the detailed rationale, and the rule

provisions, see the information

provided in the direct final rule in the

final rules section of this Federal

Register.

List of Subjects in 40 CFR Part 72

Environmental protection, Acid rain

program, Air pollution control,

Compliance plans, Electric utilities,

Permits, Reporting and recordkeeping

requirements, Sulfur dioxide.

Dated: March 31, 1995.

Carol M. Browner,

Administrator, Environmental Protection

Agency.

[FR Doc. 95–8602 Filed 4–10–95; 8:45 am]

BILLING CODE 6560–50–P