ELR Citation: 54 ELR 20070
No(s). 22-3026 (3d Cir. May 2, 2024)

The Third Circuit denied power companies' petition to review EPA's issuance of a federal implementation plan (FIP) establishing nitrogen oxide (NOx) emission limits for selective catalytic reduction-equipped coal-fired electric generating units in Pennsylvania to address reasonably available control technology (RACT) requirements for the 1997 and 2008 ozone NAAQS. The companies argued EPA exceeded its authority under the CAA by promulgating the FIP before approving or disapproving a SIP issued by the Commonwealth, and that the FIP was arbitrary and capricious because EPA's calculations for NOx limits relied on unsupported assumptions and failed to meet RACT standards. The court found the plain language of the CAA did not require EPA to act on the SIP before issuing the FIP, and that the Agency articulated a rational basis for its calculations. It upheld the FIP and denied the petition.