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Ozone Transport Commission (OTC) Section 184(c) Recommendation

July 7, 2020 – EPA issued notice

On July 7, 2020, EPA issued a Federal Register notice that on June 8, 2020, the Ozone Transport Commission (OTC) submitted a recommendation to EPA for additional control measures at certain coal-fired electricity generating units (EGUs) in Pennsylvania. EPA is also announcing that a public hearing will be held on the recommendation.

June 8, 2020 – The OTC submitted a recommendation under section 184(c) of the Clean Air Act (CAA)

OTC recommends that EPA require Pennsylvania to adopt daily limits on emissions of nitrogen oxides from coal-fired power plants with existing SCRs or SNCRs that are at least as stringent as limits in place for plants in Delaware, Maryland, or New Jersey to ensure that controls are optimized throughout the ozone season in order to help downwind states attain the ozone standard by the dates required in the CAA.

When EPA receives a section 184(c) recommendation, the CAA requires immediate publication of a notice that the recommendation is available, followed by an opportunity for a public hearing within 90 days of receipt (by early September) which we will do virtually. EPA must make its determination within 9 months of receiving the recommendation (March 2021).

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