OAR Policy and Guidance Metarecord
Ozone Transport Cases: Availability of Documents in Response to the Remands Concerning the Method for Computing Growth for Electric Generating Units: Fact Sheet
Air Quality Strategies and Standards Division (OAQPS) / Lydia Wegman
| EPA Document Number:
Clean Air Act
Fact Sheet - EPA is making available data relevant to growth rates for heat input by electric generating units in the dockets for the two rulemakings concerning ozone-smog transport in the Eastern part of the United States. This action responds to two decisions handed down earlier this year by the U.S. Court of Appeals for the DC Circuit which considered challenges to EPA's calculation of growth rates in the Section 126 rulemaking and a part of rulemakings that made technical corrections to the NOx SIP call final rule. The D.C. Circuit upheld the major provisions of EPA's ozone transport rules, but remanded the growth component to EPA for a better response to certain data presented by the affected States and industry concerning actual heat input, and for a better explanation of EPA's methodology. EPA is stating its preliminary view that the growth calculations and methodology the Agency used were reasonable and can be supported with a more robust explanation, based on the existing record, that takes into account the court's concerns. EPA is also considering new data that the Agency has recently placed in the dockets for the NOx SIP Call and Section 126 rules. EPA believes these new data confirm the reasonableness of the growth factors used by the Agency.