[Federal Register Volume 67, Number 47 (Monday, March 11, 2002)]
[Rules and Regulations]
[Pages 10844-10845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5742]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51, 52, 96, and 97

[FRL-7156-3]


Availability of Additional Documents for the Response to the 
Remands in the Ozone Transport Cases Concerning the Method for 
Computing Growth for Electric Generating Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of data availability for the NOX SIP Call and 
the section 126 rule.

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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

[[Page 10845]]

Rule--additional 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 last 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.
    On August 3, 2001, EPA published a notice of data availability 
announcing the placement, in the dockets for the NOX SIP 
Call and Section 126 Rule, of new data concerning EGU growth rates (66 
FR 40609 (NODA-1)). In NODA-1, EPA articulated its preliminary view 
that its growth calculations were reasonable and could be supported 
with a more robust explanation that takes into account the Court's 
concerns.
    Today's document informs that EPA is considering additional data 
that it has recently placed, or will soon place, in the docket for the 
NOX SIP Call Rule, Docket A-96-56, and that have been 
incorporated by reference in the docket for the Section 126 Rule, 
Docket No.  A-97-43.
    By March 29, 2002, EPA intends to determine whether it will confirm 
its preliminary view that the growth calculations were reasonable, or 
change those calculations. If EPA decides to confirm the growth 
calculations, it intends to complete its response to the Court's 
remands by that date.
    Detailed background information describing the rulemakings, court 
decisions, and remands may be found in NODA-1.

DATES: Documents were placed in the docket on or about February 28, 
2002.

ADDRESSES: Copies of all of the documents have been placed, or will 
shortly be 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 8:00 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, 
or will shortly be made, available in electronic form at the following 
EPA website: http://www.epa.gov/airmarkets/fednox/126noda2/index.html.

FOR FURTHER INFORMATION CONTACT: Questions concerning today's document 
should be directed to Kevin Culligan, Office of Atmospheric Programs, 
Clean Air Markets Division, 6204M, 1200 Pennsylvania Ave. NW., 
Washington, DC 20004, telephone (202) 564-9172, e-mail 
[email protected]; or Howard J. Hoffman, Office of General 
Counsel, 2344A, 1200 Pennsylvania Ave. NW., Washington, DC 20004, 
telephone (202) 564-5582, e-mail [email protected]. General 
questions about the Section 126 Rule or the NOX SIP Call may 
be directed to Jan King, Office of Air Quality Planning and Standards, 
Air Quality Strategies and Standards Division, C539-02, Research 
Triangle Park, NC, 27711, telephone (919) 541-5665, e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: The EPA has placed, or will shortly place, 
the information described below in the NOX SIP Call 
rulemaking docket, A-96-56; and is incorporating it by reference into 
the Section 126 rulemaking docket, A-97-43.

XV C-01 U.S. Department of Energy web pages--21 SIP Call States--
``Estimates of Energy Input at Electric Utilities, 1960-1999'' from 
www.eia.doe.gov/emeu/sep/__/consum/eu.htm where__is the 2 letter 
identifier for each State.
XV C-02 U.S. Department of Energy; Energy Information Administration 
(EIA); Electric Power Annual 1999 Volume 1--August 2000.
XV C-03 Department of Energy; Energy Information Administration; 
Electric Power Annual 2000 Volume 1--August 2001. Available at 
www.eia.doe.gov/cneaf/electricity/epav1/epav1.pdf.
XV C-05 Memorandum from Bill Neuffer to Docket (Feb. 22, 2002): Excel 
spreadsheets--21 SIP call States--Yearly Utility Fossil Heat inputs;'' 
``Summary of 8 Yr Decreases in Yearly Fossil Fuel Heat Input--Electric 
Utilities.'' (Feb. 22, 2002)
XV C-07 Press releases on nuclear uprates in IL.
XV C-08 Press releases on repowering coal units to combined cycle units 
in IN.
XV C-09 Press release on boiler optimization.
XV C-10 1995-2001 ozone season heat input data for EGUs in the 
following States: AL, CT, DC, DE, GA, IL, IN, KY, MA, MD, MI, MO, NC, 
NJ, NY, OH, PA, RI, SC, TN, VA, and WV, including:

    (a) For 1995--2000, this data is on a unit-by-unit basis for all 
units.
    (b) For 2001, data for acid rain units is based on monitoring 
location and has not been converted to a unit-by-unit basis. All data 
for acid rain units is based on data reported to EPA. For other units 
it is based on data reported to EIA or data reported to EPA as part of 
the SIP Call/Section 126 rulemaking proccess.

XV C-11 Press release documenting off-line status of Cook Units 1 and 
2.
XV C-12 Summary of EIA Electric Sales Data for the 1995 through 2001 
ozone season.
XV C-13 Northeast Electric Reliability Council Map.
XV C-14 EIA Inventory of Electric Utility Power Plants in the US, 1999.
XV C-15 EIA Inventory of Electric Utility Power Plants in the US, 1998.
XV C-16 EIA Inventory of Electric Utility Power Plants in the US, 1997.

(For XV C-14, XV C-15, and XV C-16 above, see website http://www/
eia.doe.gov/cneaf/electricity/ipp/ippbackissues.html).

XV C-17 EPA Region 4 National Combustion Turbine Spreadsheet maintained 
at http://www.epa.gov/region4/air/permits/national_ct_list.xls) as of 
February 2002.

    The EPA may place additional documents in the docket, and if EPA 
does so, EPA will announce their availability by posting a notice on 
the http://www.epa.gov/airmarkets/fednox/126noda2/index.html website.

    Dated: February 28, 2002.
John D. Bachman,
Acting Director, Office of Air Quality Planning and Standards.
[FR Doc. 02-5742 Filed 3-8-02; 8:45 am]
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