Administrative Law Keyed to Lawson
Texas Municipal Power Agency v. EPA
The EPA filled a gap in the Act’s statutory scheme regarding how to define a unit’s actual emission rate in its National Allowance Database (NABD) and “July 1991 Notice.” The Notice allowed a claim for allowances not listed in the database, but required that they also submit the unit’s “actual emission rate” and other supporting information. AMP-Ohio submitted an allowance request to the EPA for one of its facilities, and the EPA granted it only half the allowances it requested from the data it submitted. The EPA based the allowances on the average emission rate of utilities in Ohio that year, claiming that it did not have supporting data necessary to validate AMP-Ohio’s claimed emission rate. AMP-Ohio claimed the substitution of a calculated emission rate for the submitted rate was an impermissible construction of the applicable statute.
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