The case is fully briefed. Oral argument is scheduled for March 8.

Issues raised are: States must demonstrate that substitution of NOx for VOC emissions reductions will result in equivalent ozone reductions at every air quality monitor in the nonattainment area. EPA’s failure to require this violates E.O. 12898 (regarding environmental justice) due to the potential for NOx disbenefits and ozone increases. EPA improperly relies on already-implemented…

Issues raised are: EPA cannot approve an RFP plan without an approved attainment demonstration. EPA cannot approve an RFP plan that substitutes NOx emission reductions for VOC emission reductions without an adequate technical demonstration. EPA cannot approve the MVEBs without an approved attainment plan and an approved RFP plan.

The comments raise the following issues: EPA cannot approve a reasonable further progress (“RFP”) plan without an approved attainment demonstration. The plan substitutes nitrogen oxide (“NOx”) emission reductions for volatile organic compound (“VOC”) emission reductions but does not demonstrate that this results in equivalent reductions in ozone concentrations. EPA cannot approve already-implemented measures as contingency…