[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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