Last week, the 3rd Circuit Court of Appeals vacated EPA’s approval of Pennsylvania’s SIP for attaining the 2008 NAAQS for NOx. Specifically, the Court found that EPA’s approval was arbitrary and capricious with respect to three separate, but related, provisions of the SIP. The flawed provisions were:
- The NOx standard for power plants utilizing selective catalytic reduction was set at 0.12 pounds/MMBtu.…