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Technology Transfer Network - OAR Policy and Guidance

OAR Policy and Guidance Metarecord

Document Title/Subject:
Ozone Transport Cases: Availability of Documents in Response to the Remands Concerning the Method for Computing Growth for Electric Generating Units: Notice of Data Availiability
Related Documents:
Signed by: John Seitz, Director, Office of Air Quality Planning & Standards

Signature Date: July 27, 2001

Jan King



Regulatory Authority:
Title 1
Air Quality Strategies and Standards Division (OAQPS) / Lydia Wegman
Submitted By:
OGC Contact:
Howard Hoffman
OGC Phone#:
Internet Contact:
Jeff Clark
Document Type:
Proposed & Final Preambles & Rules
EPA Document Number:

Federal Register:
Subject Category:
Nitrogen oxides
electric generating units
Air quality
Notice of data availability for the NOx SIP Call and the Section 126 Rule.

SUMMARY: The EPA is providing notice that it has placed in the dockets for the two main rulemakings concerning ozone-smog transport in the eastern part of the United States-the Nitrogen Oxides State Implementation Plan Call (NOx SIP Call) and the Section 126 Rule-data relevant to the remands by the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) concerning growth rates for seasonal heat input by electric generating units (EGUs). In both the NOx SIP Call and Section 126 rulemakings, EPA determined control obligations with respect to EGUs through the same computation, which included, as one component, estimates of growth in heat input by the EGUs from 1996 to 2007. In two cases decided earlier this year challenging the Section 126 rulemaking and a pair of rulemakings that made technical corrections to the NOx SIP Call, the D.C. Circuit considered challenges to EPA's calculation of the growth estimate and its use of growth factors. In virtually identical decisions , the Court 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. The EPA is in the process of responding to those remands. The EPA's preliminary view is that its growth calculations were reasonable and can be supported with a more robust explanation, based on the existing record, that takes into account the Court's concerns. In addition, EPA is considering new data that have recently been placed in the dockets for the NOx SIP Call and Section 126 Rule. These new data appear to confirm the reasonableness of the growth calculations. The EPA is providing a 30-day period for the public to comment on these new data.

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