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Technology Transfer Network - OAR Policy and Guidance

OAR Policy and Guidance Metarecord

Document Title/Subject:
Response to Court Remand on NOx SIP Call and Section 126 Rule: Notice
Related Documents:
Signed by: Christine Todd Whitman

Signature Date: April 23, 2002

Jan King
OAQPS/OPSG 919/541-5665




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
NOx SIP Call EGUs Non-EGUs heat input growth rates
Air quality
EPA is responding to two court decisions directing EPA to reconsider heat input growth rates projected and used in setting NOx emission budgets in two rules designed to reduce interstate transport of ozone and NOx. After reviewing the heat input growth rates and considering the court decisions and additional comments, EPA has decided to continue to use the heat input growth rates developed in the rules. The NOx SIP Call set ozone season NOx emission budgets based on emissions reductions calculated for EGUs in 22 States and the District of Columbia. The second rule, issued in response to petitions by norhteastern States under Section 126 Rule. The U.S. Court of Appeals for DC Circuit remanded the heat input growth rates to EPA to either properly justify the growth rates currently used by EPA or to develop and justify new growth rates. After reviewing, EPA believes that the methodology used in developing the heat input growth rates and the resulting growth rates are reasonable based on the informtion available at the time the rules were issued, confirmed by new information concerning activity to date.

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