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 August 10, 1994, EPA and other parties signed a settlement agreement addressing certain substitution plan issues. Based on a review of the record, the Agency concludes that the January 11, 1993 regulations concerning the eligibility of units to be designated as substitution units should be revised. Under sections 404(b) and (c) of the Act, a unit that is not listed in Table A of section 404 as being subject to Phase I of the Acid Rain Program (i.e., a non-Table A unit) and that is under the control of the owner or operator of a unit listed in Table A of section 404 (i.e., a Table A unit) may be designated as a substitution unit. The January 11, 1993 regulations state that the Table A unit and each non-Table A unit that the Table A unit designates as a substitution unit must have ``the same owner or operator.'' The Agency is revising the regula