As polluting utilities were preparing to fight a broadEnvironmental Protection Agency emissions-reduction edict issuedlast week, they were hit with an appeals court decision upholdingan earlier EPA order on the same subject — nitrogen oxides (NOx)emissions.

The Natural Gas Supply Association hailed the decision by theDistrict of Columbia Circuit Court of Appeals as a major win forthe gas industry. “This decision is one of those times when theangels win and when good law translates into good policy,” said newNGSA President Skip Horvath. NGSA had been an intervenor in thecase in support of EPA’s new rules setting NOx emission limits fornew facilities that are the same for all fuels. “Natural gas winswith this scenario because combustion of natural gas results insubstantially lower NOx emissions,” said Rhone Resch, NGSA directorof environmental affairs…..it sets a precedent within EPA topromulgate more fuel-neutral output-based standards in the future.”

The EPA rule had been challenged by the Lignite Energy Council.The court ruled, however, that EPA had not exceeded its authorityin promulgating the new standard (No. 98-1525).

The latest EPA action on Dec. 17 granted petitions for relieffrom four states, ordering a NOx emissions crack-down on largepower plants and industrial sources at 392 facilities in 12mid-Atlantic and Midwestern states and the District of Columbia.The petitioning states were Connecticut, New York, Massachusettsand Pennsylvania which charged their citizens were harmed bypollutants wafting across their borders. The targeted plants are inDelaware, Indiana, Kentucky, Maryland, Michigan, North Carolina,New Jersey, New York, Ohio, Pennsylvania, Virginia, West Virginiaand the District of Columbia. The facilities must implement newemission controls by May 1, 2003, but some already are planningcourt challenges.

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