# 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
> **Rule** · Notice of data availability for the NO<INF>X</INF> SIP Call and the section 126 rule. · Published 2002-03-11 · 67 FR 10844
## Document
- **Document number:** 02-5742
- **Category:** air-emissions
- **Federal Register citation:** 67 FR 10844
- **CFR reference:** 40 CFR 51
- **Publication date:** 2002-03-11
- **EPA docket:** FRL-7156-3
## Abstract

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 (NO<INF>X</INF> SIP Call) and the Section 126 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 NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> 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 NO<INF>X</INF> 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-

## Source
- [Federal Register document](https://www.federalregister.gov/documents/2002/03/11/02-5742/availability-of-additional-documents-for-the-response-to-the-remands-in-the-ozone-transport-cases)
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