In this case, however, the court has already required, and EPA has filed, affidavits concerning post-comment period meetings. However, the statute apparently did envision that participants would normally submit comments, documentary material, and oral presentations during a prescribed comment period. See generally Del Duca, supra note 8; C. Schultze, The Public Use of Private Interest 9-10 (1977): In the field of energy and the environment the generally accepted objectives of national policy imply a staggeringly complex and interlocking set of actions, directly affecting the production and consumption decisions of every citizen and every business firm. at 958; remarks of Senator Baker, 123 Cong.Rec. Conference Committee Statement of Intent, supra note 49. 4687, 4689 (Jan. 12, 1979) (Ad.Doc. 101, 94 L.Ed. See n.160 supra. In addition, a comparison of the total lifetime costs of the two plants for which economic data were reviewed suggests that on a per megawatt basis, dry scrubbing at 90 percent removal efficiency at the larger plant will be less expensive than dry scrubbing to only 78 percent removal efficiency at the smaller plant. 48:1457 comes at a price — the potential for greater politicization of the Notice as to the Basis of the 90 Percent Standard, The Electric Utilities argue that both the proposed and the final NSPS were based on the level of emission reduction achievable by the application of FGD technology alone. But since this court can reverse an agency on procedural grounds only if it finds a failure to observe procedures "required by law,"481 we must first decide whether the procedures followed by EPA between January 15 and June 1, 1979 were unlawful. In June of 1979 EPA revised the regulations called "new source performance standards" ("NSPS" or "standards") governing emission control by coal burning power plants. The attached materials were supplied to the attendees of the meeting. No. E. Validity of EPA's Procedures During the Post-Comment Period. The court recognizes the basic need of the President and his White House staff to monitor the consistency of executive agency regulations with Administration policy. Petroleum Institute, 448 U.S. 607, 100 S.Ct. Thus we cannot accept EPA's 92 percent median solely on the basis of evidence that only one commercial scale plant and one small pilot unit can almost but not quite meet the standard. The average reduction in each of the four states ranged from 31 percent in Indiana, 27 percent in Illinois, 26 percent in West Virginia, to 20 percent in Ohio. Although none of these baghouse units was designed to achieve the 0.03 lbs./ MBtu level (again EPA does not report what level the baghouses were designed for), forty-eight of the test results achieved this level of emissions and only one test run at each of two units exceeded the 0.03 lbs./MBtu level. One highlighted in the Conference Committee Report was "maximizing the use of locally available fuels. In fact, data in documents prepared by EPA less than one month before issuance of the final rule seemed to point in the opposite direction. "457 The essential message of so rigorous a standard is that Congress was concerned that EPA's rulemaking not be casually overturned for procedural reasons, and we of course must respect that judgment. If the Administrator refuses to convene such a proceeding, such person may seek review of such refusal in the United States court of appeals for the appropriate circuit....479, In this case EPA refused to convene a reconsideration proceeding, stating, The Administrator does not believe that the procedures cited by EDF were improper. II-I-182). 1066, 1072, 43 L.Ed.2d 279 (1975) (all parts of a statute must be read together)), Part C Prevention of Significant Deterioration of Air Quality, sections 160-69, 42 U.S.C. "153 In addition, we are informed by Intervenor MAMU that variable control will increase the propensity of some midwestern utilities to use local coal rather than to import low sulfur coal from the West.154. at 33608, col. 3-33609, col. 3, Ad.Doc. EPA also performed a preliminary study of these factors at the national, regional and plantsite levels and toward this end employed econometric computer models to forecast the nature of the utility industry in future years. When the agency denied Sierra Club's petition for reconsideration it stated that the notion that "the phase 3 analysis was a new venture" was "false.

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