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Acid Rain Program: Nitrogen Oxides Emission Reduction Program

air-emissions · Rule · Published 1995-04-13 · Effective 1995-05-23 · 60 FR 18751

Document

Document number
95-8742
Federal Register citation
60 FR 18751
CFR reference
40 CFR 76
Type
Rule
Action
Direct final rule; response to court remand.
Category
air-emissions
Publication date
1995-04-13
Effective date
1995-05-23
EPA docket
AD-FRL-5186-5

Abstract

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 consiste

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