Regulacje i polityka gospodarcza · 22.11.1994

Acid Rain Program: Permits; Final Rule

Title IV of the Clean Air Act, as amended by Public Law 101- 549, the Clean Air Act Amendments of 1990 (the Act), authorizes the Environmental Protection Agency (EPA or Agency) to establish the Acid Rain Program. On January 11, 1993, the Agency promulgated final rules under title IV. Several parties filed petitions for review of the rules. On November 18, 1993, the Agency published a notice of proposed revisions of those rules implementing sections 404(b) and (c) (substitution plans) and 408(c)(1)(B) (reduced utilization plans) of the Act. On May 4, 1994, EPA and other parties signed a settlement agreement addressing substitution and reduced utilization issues. After reviewing the record, EPA concludes that the January 11, 1993 rules can be read to give utilities an ability to use substitution and reduced utilization plans to create excess, new allowances. These allowances will authorize sulfur dioxide emissions in excess of total emissions without the plans and will result from emission reductions made, or required by federal or State law adopted, before enactment of title IV. This creation of allowances is contrary to the purposes of sections 404(b) and (c) and 408(c)(1)(B) and c