On April 29, 2002, EPA published revisions to various deadlines specified in 40 CFR Part 97 to harmonize these dates with those detailed in 40 CFR Part 96. EPA issued the revisions as a direct final rule without prior proposal and public comment. The Part 97 monitoring certification deadline is now May 1, 2003 and the initial compliance period begins May 31, 2004. The rule revisions apply to both electric generating units (EGUs) and non-EGUs. A copy of the Part 97 direct final rule is available in our FTP Library.
Additionally, on April 22, 2002, EPA issued a notice in response to the DC Circuit Court of Appeals remand concerning the projected heat input growth factors used by EPA to establish State NOx budget allocations under Parts 96 and 97. After conducting a review, EPA concludes "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."
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