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Ozone Transport Commission (OTC) Clean Air Act Section 184(c) Recommendation

December 15, 2020 - EPA Issued Notice of Public Hearing and Supplemental Information

On December 15, 2020, EPA issued a notice announcing a public hearing and providing supplemental information regarding the OTC's recommendation that EPA require daily nitrogen oxides (NOX) emission limits for certain coal-fired electricity generating units (EGUs) in Pennsylvania. This notice summarizes the recommendation and supporting information submitted by the OTC, and provides additional information that EPA believes may be relevant in reaching a decision on the recommendation.

EPA will hold a public hearing on February 2, 2021.  The public comment period is open until March 8.

August 20, 2020 – Announcement Regarding Public Hearing

EPA is announcing that the public hearing on the Clean Air Act section 184(c) recommendation from the OTC to EPA for additional control measures at certain coal-fired EGUs in Pennsylvania will be delayed. EPA originally planned to hold the hearing by September 4, 2020, but has decided to delay the date of the hearing until after a notice with additional information is published in the Federal Register. The additional information will provide further discussion of the recommendation and the framework the Agency intends to apply in reaching a decision on the recommendation, and therefore allow for more meaningful input.

July 7, 2020 – EPA issued notice

On July 7, 2020, EPA issued a Federal Register notice that on June 8, 2020, the OTC submitted a recommendation to EPA for additional control measures at certain coal-fired EGUs in Pennsylvania. EPA is also announcing that a public hearing will be held on the recommendation.

June 8, 2020 – The OTC submitted a recommendation under section 184(c) of the Clean Air Act (CAA)

OTC recommends that EPA require Pennsylvania to adopt daily limits on emissions of nitrogen oxides from coal-fired power plants with existing SCRs or SNCRs that are at least as stringent as limits in place for plants in Delaware, Maryland, or New Jersey to ensure that controls are optimized throughout the ozone season in order to help downwind states attain the ozone standard by the dates required in the CAA.

When EPA receives a section 184(c) recommendation, the CAA requires immediate publication of a notice that the recommendation is available, followed by an opportunity for a public hearing within 90 days of receipt (by early September) which we will do virtually. EPA must make its determination within 9 months of receiving the recommendation (March 2021).

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