Clean Air Act: Acid rain program— Nitrogen Oxides Emission Reduction Program; response to court remand,

[Federal Register: October 15, 1999 (Volume 64, Number 199)]

[Proposed Rules]

[Page 55880]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr15oc99-35]

[[Page 55880]]

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.

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 (NO‹INF›X‹/INF›) 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 NO‹INF›X‹/INF› emission limit of 0.68 lb/mmBtu. The NO‹INF›X‹/INF› emission limits under title IV will reduce the serious, adverse effects of NO‹INF›X ‹/INF›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. 99-26659Filed10-14-99; 8:45 am]

BILLING CODE 6560-50-P