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…

Submitted December 2, 2019. Two issues raised: State must fund a position for border pollution EPA failed to give any meaning to the maintenance requirement in section 179B(a). On April 27, 2020, the Center for Biological Diversity and the Center for Environmental Health filed a petition for review in the Ninth Circuit Court of Appeals…

Comments filed May 27, 2020. Issues raised: RFP cannot be approved when plan doesn’t demonstrate attainment NOx substitutions for VOCs are not adequately justified Invalid contingency measures Motor vehicle emission budgets cannot be approved because RFP cannot be approved

Submitted January 21, 2020. One issue: The rationale for proposing approval of the contingency measures is an attempt to circumvent the Ninth Circuit’s Bahr decision.

Submitted February 18, 2020. The comments raise two main issues: The substitution of nitrogen oxides (NOx) reductions for volatile organic compounds (VOC) reductions has no technical or legal basis. Conditional approval of the contingency measures is contrary to section 110(k)(4) and an attempt to circumvent the Ninth Circuit’s Bahr decision.

Submitted March 5, 2020. The comments raise two issues: The rule does not clearly require use of a VOC control device for all VOC emissions; The rule has inadequate monitoring, recordkeeping, and reporting (MRR).

Submitted April 6, 2020. Pennsylvania is in the Ozone Transport Region (OTR). EPA proposed to approve Pennsylvania’s submittal to address reasonably available control technology (RACT) for source categories covered by a Control Techniques Guideline (CTG). The comment letter makes two arguments: Generally, the submittal relied on the recommendations in the CTG without apparent analysis to…