[Federal Register Volume 66, Number 179 (Friday, September 14, 2001)]
[Rules and Regulations]
[Page 47887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23081]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51, 52, 96, and 97

[FRL-7056-9]


Availability of Documents for the Response to the Remands in the 
Ozone Transport Cases Concerning the Method for Computing Growth for 
Electric Generating Units; Extension of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice to extend comment period.

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SUMMARY: In response to requests from the public, the EPA is extending 
the comment period for the notice of data availability for the Nitrogen 
Oxides State Implementation Plan Call ( NOX SIP Call) and 
the Section 126 Rule that was published on August 3, 2001 (66 FR 40609) 
for an additional 15 days. The comment period will now end on September 
19, 2001.

DATES: The EPA is establishing a comment period ending on September 19, 
2001. Comments must be postmarked by the last day of the comment period 
and sent directly to the Docket Office listed in ADDRESSES (in 
duplicate form if possible).

ADDRESSES: Comments may be submitted to the Office of Air and Radiation 
Docket and Information Center (6102), Attention: Docket No. A-96-56 for 
the NOX SIP Call and Docket No. A-97-43 for the Section 126 
Rule, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue 
NW, Washington, DC 20460, telephone (202) 260-7548. The EPA encourages 
electronic submission of comments following the instructions under 
SUPPLEMENTARY INFORMATION of this document. The e-mail address is [email protected]. No confidential business information should be 
submitted through e-mail.
    Copies of all of the documents containing the new data being made 
available have been placed in the docket for the NOX SIP 
Call rule, Docket No. A-96-56, and have been incorporated by reference 
in the docket for the Section 126 Rule, Docket No. A-97-43. These new 
documents, and other documents relevant to these rulemakings, are 
available for inspection at the Docket Office, located at 401 M Street 
SW, Room M-1500, Washington, DC 20460, between 8 a.m. and 5:30 p.m., 
Monday through Friday, excluding legal holidays. A reasonable fee may 
be charged for copying. Some of the documents have also been made 
available in electronic form at the following EPA website: http://www.epa.gov/airmarkets/fednox/126noda/.

FOR FURTHER INFORMATION CONTACT: Questions concerning the notice of 
data availability should be directed to Kevin Culligan, Office of 
Atmospheric Programs, Clean Air Markets Division, 6204M, 1200 
Pennsylvania Ave. NW, Washington, DC 20460, telephone (202) 564-9172, 
e-mail [email protected]; or Howard J. Hoffman, Office of General 
Counsel, 2344A, 1200 Pennsylvania Ave. NW, Washington, DC 20460, 
telephone (202) 564-5582, e-mail [email protected]. General 
questions about the Section 126 Rule or the NOX SIP Call may 
be directed to Carla Oldham, Office of Air Quality Planning and 
Standards, Air Quality Strategies and Standards Division, MD-15, 
Research Triangle Park, NC, 27711, telephone (919) 541-3347, e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:

Submitting Electronic Comments

    Electronic comments are encouraged and can be sent directly to EPA 
at [email protected]. Electronic comments must be submitted as an 
ASCII file avoiding the use of special characters and any form of 
encryption. Comments will also be accepted on disks in WordPerfect 8.0 
or ASCII file format. All comments in electronic form must be 
identified by Docket No. A-96-56 for the NOX SIP Call and 
Docket No. A-97-43 for the Section 126 Rule. Electronic comments may be 
filed online at many Federal Depository Libraries.

Extension of Comment Period

    In the August 3, 2001 notice of data availability, EPA provided 
notice that it had 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 
intends to complete its response to the Court's remands in November 
2001.
    The EPA originally provided a 30-day period for the public to 
comment on these new data. In response to requests from the Utility Air 
Regulatory Group and the State of Illinois, EPA is extending the 
comment period for an additional 15 days. Please refer to the August 3, 
2001 notice for a description of the data on which EPA is soliciting 
comment.

    Dated: August 31, 2001.
John Seitz,
Director, Office of Air Quality Planning and Standards.
[FR Doc. 01-23081 Filed 9-13-01; 8:45 am]
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