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2010-09-23
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Response to Court Remand on NOX SIP Call and Section 126 Rule
Part IV
Rules and Regulations
D09002ee1bdefa494
D09002ee1bdefaa31
United States
Environmental Protection Agency
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United States Government Agency or Subagency
In today's document, EPA is responding to two court decisions directing EPA to reconsider heat input growth rates projected and used in setting nitrogen oxides (NO<INF>X</INF>) emission budgets in two rules designed to reduce interstate transport of ozone and NO<INF>X</INF>, an ozone precursor. 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. One rule, the NO<INF>X</INF> State Implementation Plan Call (NO<INF>X</INF> SIP Call) under Section 110 of the Clean Air Act (CAA), set ozone season NO<INF>X</INF> emission budgets based, in part, on emissions reductions calculated for large, fossil fuel-fired electric generating units (EGUs) in 22 States and the District of Columbia. The second rule, issued in response to petitions by northeastern States under Section 126 of the CAA (Section 126 Rule), included ozone season NO<INF>X</INF> emission budgets for EGUs in 12 States and the District of Columbia. The U.S. Court of Appeals for the District of Columbia Circuit (the Court) 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 the matter, EPA believes that the methodology used in developing the heat input growth rates and the resulting growth rates are reasonable based on the information available at the time the rules were issued, confirmed by new information concerning activity to date.
67 FR 21868
https://www.govinfo.gov/app/details/FR-2002-05-01/02-10404
02-10404
fr01my02-19
6560-50-P
FRL-7203-3
https://www.govinfo.gov/app/details/FR-2002-05-01/02-10404
https://www.govinfo.gov/content/pkg/FR-2002-05-01/html/02-10404.htm
https://www.govinfo.gov/content/pkg/FR-2002-05-01/pdf/02-10404.pdf
Environmental Protection
Administrative Practice and Procedure
Air Pollution Control
Intergovernmental Relations
Ozone
Reporting and Recordkeeping Requirements
Nitrogen Oxides
34 p.
21868
21901
67 FR 21868
Code of Federal Regulations
Title 40 Part 51
40 CFR Part 51
Code of Federal Regulations
Title 40 Part 52
40 CFR Part 52
Code of Federal Regulations
Title 40 Part 96
40 CFR Part 96
Code of Federal Regulations
Title 40 Part 97
40 CFR Part 97
Response to Court Remand on NOX SIP Call and Section 126 Rule; Federal Register Vol. 67, Issue
RULE
02-10404
IV
ENVIRONMENTAL PROTECTION AGENCY
FRL-7203-3
6560-50-P
02-10404
Response to court remand of rules.
In today's document, EPA is responding to two court decisions directing EPA to reconsider heat input growth rates projected and used in setting nitrogen oxides (NO<INF>X</INF>) emission budgets in two rules designed to reduce interstate transport of ozone and NO<INF>X</INF>, an ozone precursor. 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. One rule, the NO<INF>X</INF> State Implementation Plan Call (NO<INF>X</INF> SIP Call) under Section 110 of the Clean Air Act (CAA), set ozone season NO<INF>X</INF> emission budgets based, in part, on emissions reductions calculated for large, fossil fuel-fired electric generating units (EGUs) in 22 States and the District of Columbia. The second rule, issued in response to petitions by northeastern States under Section 126 of the CAA (Section 126 Rule), included ozone season NO<INF>X</INF> emission budgets for EGUs in 12 States and the District of Columbia. The U.S. Court of Appeals for the District of Columbia Circuit (the Court) 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 the matter, EPA believes that the methodology used in developing the heat input growth rates and the resulting growth rates are reasonable based on the information available at the time the rules were issued, confirmed by new information concerning activity to date.
General questions, and questions on
Environmental Protection
Administrative Practice and Procedure
Air Pollution Control
Intergovernmental Relations
Ozone
Reporting and Recordkeeping Requirements
Nitrogen Oxides
Air pollution control:
Interstate ozone transport reduction
Nitrogen oxides State implementation plan call and Section 126 petitions; response to court remand,
alpern.dwight@epa.gov
culligan.kevin@epa.gov
hoffman.howard@epa.gov
http://www.cis.state.mi.us/mpsc/reports/energy/01summer/electric.htm
http://www.dom.com/operations/station-fossil/unit.html
http://www.epa.gov/airmarkets/fednox/126noda2/index.html
http://www.epa.gov/capi/ipm/npr.htm
http://www.epa.gov/region4/air/permits/national_ct_list.xls
http://www.epa.gov/ttn/rto/
http://www.epa.gov/ttn/rto/sip/related.html#doc
http://www.nrc.gov/reading-rm/doc-collections/news/archive/01-136.html
http://www.pegasustec.com/docs/NICE3.pdf
http://www.sargentlundy.com/fossil/plant.asp
http://yosemite.epa.gov/r5/il_permt.nsf/50d44ae9785337bf8625666c0063caf4/b04c4b1ab67564e48625685d0068df82/$FILE/99080101fnl.PDF
Federal Register
Vol. 67, no. 84
Office of the Federal Register, National Archives and Records Administration
2002-05-01
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426 p.
Table of Contents:
AE 2.7:
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AE 2.106:
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https://www.govinfo.gov/app/details/FR-2002-05-01
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0042-1219
0364-1406
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https://www.govinfo.gov/app/details/FR-2002-05-01
https://www.govinfo.gov/content/pkg/FR-2002-05-01/pdf/FR-2002-05-01.pdf
https://www.govinfo.gov/content/pkg/FR-2002-05-01/xml/FR-2002-05-01.xml
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