80 FR 24218 - Reconsideration on the Mercury and Air Toxics Standards (MATS) and the Utility New Source Performance Standards; Final Action
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 83 (April 30, 2015)
Federal Register Volume 80, Issue 83 (April 30, 2015)
| Page Range | 24218-24220 | |
| FR Document | 2015-10118 |
[Federal Register Volume 80, Number 83 (Thursday, April 30, 2015)] [Rules and Regulations] [Pages 24218-24220] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-10118] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 60 and 63 [EPA-HQ-OAR-2009-0234 and EPA-HQ-OAR-2011-0044; FRL-9926-74-OAR] RIN 2060-AR62 Reconsideration on the Mercury and Air Toxics Standards (MATS) and the Utility New Source Performance Standards; Final Action AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of final action denying petitions for reconsideration. ----------------------------------------------------------------------- SUMMARY: The U.S. Environmental Protection Agency (EPA) is providing notice that it has responded to 23 petitions for reconsideration of the final rules titled National Emission Standards for Hazardous Air Pollutants (NESHAP) From Coal- and Oil-Fired Electric Utility Steam Generating Units and Standards of Performance (NSPS) for Fossil-Fuel- Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units, published in the Federal Register on February 16, 2012. The agency previously granted reconsideration on several discrete issues and took final action on reconsideration through documents published in the Federal Register on April 24, 2013, and November 19, 2014. The Administrator denied the remaining requests for reconsideration in separate letters to the petitioners dated April 21, 2015. A document providing a full explanation of the agency's rationale for each denial is in the docket for these rules. DATES: Effective April 30, 2015. FOR FURTHER INFORMATION CONTACT: Mr. Jim Eddinger, Sector Policies and Programs Division (D243-01), Office of Air Quality Planning and Standards, Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541-5426; fax number: (919) 541-5450; email address: eddinger.jim@epa.gov. SUPPLEMENTARY INFORMATION: I. How can I get copies of this document and other related information? This Federal Register document, the petitions for reconsideration, the letters denying the petitions for reconsideration, and the document titled ``Denial of Petitions for [[Page 24219]] Reconsideration of Certain Issues: MATS and Utility NSPS'' (Reconsideration Response Document) are available in the dockets the EPA established under Docket ID No. EPA-HQ-OAR-2009-0234 and Docket ID No. EPA-HQ-OAR-2011-0044. The Reconsideration Response Document is available in both the MATS and Utility NSPS dockets by conducting a search of the title ``Denial of Petitions for Reconsideration of Certain Issues: MATS and Utility NSPS.'' All documents in the dockets are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., confidential business information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the EPA Docket Center (EPA/DC), Room 3334, EPA WJC West Building, 1301 Constitution Ave. NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744 and the telephone number for the Air Docket is (202) 566-1742. This Federal Register document and the Reconsideration Response Document denying the petitions can also be found on the EPA's Web site at http://www.epa.gov/ttn/atw/utility/utilitypg.html. II. Judicial Review Section 307(b)(1) of the Clean Air Act (CAA) indicates which Federal Courts of Appeals have venue for petitions for review of final EPA actions. This section provides, in part, that the petitions for review must be filed in the Court of Appeals for the District of Columbia Circuit if: (i) The agency action consists of ``nationally applicable regulations promulgated, or final action taken, by the Administrator,'' or (ii) such actions are locally or regionally applicable, if ``such action is based on a determination of nationwide scope or effect and if in taking such action the Administrator find and publishes that such action is based on such a determination.'' The EPA has determined that its actions denying the petitions for reconsideration are of nationwide scope and effect for purposes of section 307(d)(1) because the actions directly affect the ``National Emission Standards for Hazardous Air Pollutants (NESHAP) From Coal- and Oil-Fired Electric Utility Steam Generating Units and Standards of Performance (NSPS) for Fossil-Fuel-Fired Electric Utility, Industrial- Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units,'' both of which were found to be of nationwide scope and effect. Thus, any petitions for review of the EPA's decisions denying petitioners' requests for reconsideration must be filed in the United States Court of Appeals for the District of Columbia Circuit by June 29, 2015. III. Description of Action On February 16, 2012, pursuant to sections 111 and 112 of the CAA, the EPA published the final rules titled ``National Emission Standards for Hazardous Air Pollutants from Coal- and Oil-Fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel- Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units'' (77 FR 9304). The NESHAP rule issued pursuant to CAA section 112 is referred to as the Mercury and Air Toxics Standards (MATS), and the NSPS rule issued pursuant to CAA section 111 is referred to as the Utility NSPS. Following promulgation of the final rules, the Administrator received petitions for reconsideration of numerous provisions of both MATS and the Utility NSPS pursuant to CAA section 307(d)(7)(B). The EPA received 20 petitions for reconsideration of the MATS rule and 3 petitions for reconsideration of the Utility NSPS. The EPA received petitions for reconsideration of the MATS rule from the following organizations: American Public Power Association, ARIPPA, Babcock & Wilcox, Basin Electric Power Cooperative, Climate Policy Group, Coal Utilization Research Council, Earthjustice, East Kentucky Power Cooperative, Edgecombe/Spruance Genco, Edison Mission Energy, FirstEnergy, Hawaiian Electric Company, Institute of Clean Air Companies, International Brotherhood of Boilermakers, Power4Georgians, Puerto Rico Electric Power Authority, Southern Company, State of Texas (Texas Commission on Environmental Quality, Texas Public Utility Commission, Railroad Commission of Texas), Utility Air Regulatory Group (UARG), and Wolverine Power Supply Cooperative. The EPA received petitions for reconsideration of the Utility NSPS from the following organizations: Air Products, State of Texas (Texas Commission on Environmental Quality, Texas Public Utility Commission, Railroad Commission of Texas), and UARG. CAA section 307(d)(7)(B) states that ``[o]nly an objection to a rule or procedure which was raised with reasonable specificity during the period for public comment (including any public hearing) may be raised during judicial review. If the person raising an objection can demonstrate to the Administrator that it was impracticable to raise such objection within such time or if the grounds for such objection arose after the period for public comment (but within the time specified for judicial review) and if such objection is of central relevance to the outcome of the rule, the Administrator shall convene a proceeding for reconsideration of the rule and provide the same procedural rights as would have been afforded had the information been available at the time the rule was proposed. 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 (as provided in subsection (b)).'' Thus, the EPA is only required to grant a CAA section 307(d)(7)(B) petition for reconsideration if the petitioner demonstrates both: (1) That it was impractical to raise the objection during the public comment period, or that the grounds for such objection arose after the public comment period but within the time specified for judicial review (i.e., within 60 days after publication of the final rulemaking in the Federal Register); and (2) that the objection is of central relevance to the outcome of the rule. On November 30, 2012, the EPA issued a proposed rule reconsidering certain new source MATS, the requirements applicable during periods of startup and shutdown for MATS and the Utility NSPS (for the PM standard only), certain definitional and monitoring issues in the Utility NSPS, and additional technical corrections to both MATS and the Utility NSPS (77 FR 71323). On April 24, 2013, the EPA issued the final action on reconsideration of the new source MATS, the definitional and monitoring provisions in the Utility NSPS, and the technical corrections in both rules (78 FR 24073). The EPA issued the final action on reconsideration of the startup and shutdown provisions in the MATS and Utility NSPS on November 19, 2014 (79 FR 68777). In addition, on February 17, 2015, the EPA proposed additional technical corrections to the final MATS rule and the Utility NSPS (80 FR 8442). These actions addressed many issues [[Page 24220]] raised in the petitions for reconsideration of the final MATS rule and the Utility NSPS. On April 21, 2015, the Administrator, Gina McCarthy, signed letters to petitioners denying the remaining issues in the petitions for reconsideration. The EPA carefully reviewed the petitions and evaluated each issue raised in the petitions for reconsideration to determine if they meet the CAA section 307(d)(7)(B) criteria for reconsideration. The EPA denied the remaining issues in the petitions for reconsideration because they do not meet the criteria for reconsideration and/or are moot as explained in detail in the Reconsideration Response Document. That document articulates in detail the rationale for the EPA's final response to each of the remaining issues in the petitions for reconsideration received on the final MATS rule and the Utility NSPS. As explained in the Reconsideration Response Document, a significant majority of the issues raised in the petitions for reconsideration were or could have been raised in comments on the proposed MATS and Utility NSPS. In addition, many of the parties that filed petitions for reconsideration of the final MATS and Utility NSPS also filed petitions for review of the final rules in the United States Court of Appeals for the District of Columbia Circuit (Court or D.C. Circuit). Many of the issues raised in the petitions for reconsideration were also raised in the D.C. Circuit litigation, and other reconsideration issues could have been raised in that litigation. On April 15, 2014, the Court denied all petitions for review of MATS and the Utility NSPS. White Stallion Energy Center v. EPA, 784 F.3d 1222 (D.C. Cir. 2014); cert. granted, State of Michigan v. EPA, No. 14- 46 (and consolidated cases). As the Court may only consider issues raised during the period for public comment, issues raised in the litigation and addressed by the Court clearly do not meet the criteria for reconsideration in CAA section 307(d)(7)(B). Moreover, parties may not use this final action denying reconsideration as a basis to litigate issues that could have been raised in the initial litigation. Dated: April 21, 2015. Gina McCarthy, Administrator. [FR Doc. 2015-10118 Filed 4-29-15; 8:45 am] BILLING CODE 6560-50-P
![24218 Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Rules and Regulations
Under section 307(b)(1) of the Clean List of Subjects in 40 CFR Part 52 PART 52—APPROVAL AND
Air Act, petitions for judicial review of PROMULGATION OF
this action must be filed in the United Environmental protection, Air IMPLEMENTATION PLANS
States Court of Appeals for the pollution control, Carbon monoxide,
appropriate circuit by June 29, 2015. Incorporation by reference, ■ 1. The authority citation for part 52
Filing a petition for reconsideration by Intergovernmental relations, Lead, continues to read as follows:
the Administrator of this final rule does Nitrogen dioxide, Ozone, Particulate Authority: 42 U.S.C. 7401 et seq.
not affect the finality of this action for matter, Reporting and recordkeeping
the purposed of judicial review nor does requirements, Sulfur oxides, Volatile Subpart E—Arkansas
it extend the time within which a organic compounds.
■ 2. In § 52.170(c), the table titled ‘‘EPA-
petition for judicial review may be filed, Dated: April 17, 2015.
Approved Regulations in the Arkansas
and shall not postpone the effectiveness Ron Curry, SIP’’ is amended by revising the heading
of such rule or action. This action may Regional Administrator, Region 6. and entries for ‘‘Arkansas Regulation
not be challenged later in proceedings to No. 9: Permit Fees,’’ to read as follows:
enforce its requirements. (See section 40 CFR part 52 is amended as follows:
307(b)(2).) § 52.170 Identification of plan.
* * * * *
(c) * * *
EPA-APPROVED REGULATIONS IN THE ARKANSAS SIP
State
Title/ submittal/
State citation EPA approval date Explanation
subject effective
date
* * * * * * *
Regulation No. 9: Fee Regulation
Chapter 1 .................. Title ........................... 7/9/2012 4/30/2015 [Insert FR cita-
tion].
Chapter 2 .................. Definitions ................. 7/9/2012 4/30/2015 [Insert FR cita- The following definitions do not relate to the air pro-
tion]. gram and are not being approved into the SIP:
‘‘Category’’, ‘‘Certificate’’, ‘‘Confined Animal Oper-
ation’’, ‘‘Discretionary Major Facility’’, ‘‘Evaluation’’,
‘‘Laboratory‘‘, ‘‘Major Municipal Facility’’, ‘‘Non-Mu-
nicipal Major Facility’’, ‘‘Parameter’’, ‘‘Program’’.
Chapter 3 .................. Permit Fee Payment 7/9/2012 4/30/2015 [Insert FR cita-
tion].
Chapter 5 .................. Air Permit Fees ......... 7/9/2012 4/30/2015 [Insert FR cita-
tion].
Chapter 9 .................. Administrative Proce- 7/9/2012 4/30/2015 [Insert FR cita-
dures. tion].
* * * * * SUMMARY: The U.S. Environmental 2015. A document providing a full
[FR Doc. 2015–09905 Filed 4–29–15; 8:45 am] Protection Agency (EPA) is providing explanation of the agency’s rationale for
BILLING CODE 6560–50–P notice that it has responded to 23 each denial is in the docket for these
petitions for reconsideration of the final rules.
rules titled National Emission Standards DATES: Effective April 30, 2015.
ENVIRONMENTAL PROTECTION for Hazardous Air Pollutants (NESHAP) FOR FURTHER INFORMATION CONTACT: Mr.
AGENCY From Coal- and Oil-Fired Electric Utility Jim Eddinger, Sector Policies and
Steam Generating Units and Standards Programs Division (D243–01), Office of
40 CFR Parts 60 and 63
of Performance (NSPS) for Fossil-Fuel- Air Quality Planning and Standards,
[EPA–HQ–OAR–2009–0234 and EPA–HQ– Fired Electric Utility, Industrial- Environmental Protection Agency,
OAR–2011–0044; FRL–9926–74–OAR] Commercial-Institutional, and Small Research Triangle Park, North Carolina
Industrial-Commercial-Institutional 27711; telephone number: (919) 541–
RIN 2060–AR62 Steam Generating Units, published in 5426; fax number: (919) 541–5450;
the Federal Register on February 16, email address: eddinger.jim@epa.gov.
Reconsideration on the Mercury and 2012. The agency previously granted SUPPLEMENTARY INFORMATION:
Air Toxics Standards (MATS) and the reconsideration on several discrete
Utility New Source Performance issues and took final action on I. How can I get copies of this document
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Standards; Final Action reconsideration through documents and other related information?
AGENCY: Environmental Protection published in the Federal Register on This Federal Register document, the
Agency (EPA). April 24, 2013, and November 19, 2014. petitions for reconsideration, the letters
The Administrator denied the remaining denying the petitions for
ACTION: Notice of final action denying
requests for reconsideration in separate reconsideration, and the document
petitions for reconsideration.
letters to the petitioners dated April 21, titled ‘‘Denial of Petitions for
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![Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Rules and Regulations 24219
Reconsideration of Certain Issues: for Hazardous Air Pollutants (NESHAP) Commission on Environmental Quality,
MATS and Utility NSPS’’ From Coal- and Oil-Fired Electric Utility Texas Public Utility Commission,
(Reconsideration Response Document) Steam Generating Units and Standards Railroad Commission of Texas), and
are available in the dockets the EPA of Performance (NSPS) for Fossil-Fuel- UARG.
established under Docket ID No. EPA– Fired Electric Utility, Industrial- CAA section 307(d)(7)(B) states that
HQ–OAR–2009–0234 and Docket ID No. Commercial-Institutional, and Small ‘‘[o]nly an objection to a rule or
EPA–HQ–OAR–2011–0044. The Industrial-Commercial-Institutional procedure which was raised with
Reconsideration Response Document is Steam Generating Units,’’ both of which reasonable specificity during the period
available in both the MATS and Utility were found to be of nationwide scope for public comment (including any
NSPS dockets by conducting a search of and effect. Thus, any petitions for public hearing) may be raised during
the title ‘‘Denial of Petitions for review of the EPA’s decisions denying judicial review. If the person raising an
Reconsideration of Certain Issues: petitioners’ requests for reconsideration objection can demonstrate to the
MATS and Utility NSPS.’’ All must be filed in the United States Court Administrator that it was impracticable
documents in the dockets are listed on of Appeals for the District of Columbia to raise such objection within such time
the www.regulations.gov Web site. Circuit by June 29, 2015. or if the grounds for such objection
Although listed in the index, some arose after the period for public
III. Description of Action comment (but within the time specified
information is not publicly available,
e.g., confidential business information On February 16, 2012, pursuant to for judicial review) and if such objection
or other information whose disclosure is sections 111 and 112 of the CAA, the is of central relevance to the outcome of
restricted by statute. Certain other EPA published the final rules titled the rule, the Administrator shall
material, such as copyrighted material, ‘‘National Emission Standards for convene a proceeding for
is not placed on the Internet and will be Hazardous Air Pollutants from Coal- reconsideration of the rule and provide
publicly available only in hard copy and Oil-Fired Electric Utility Steam the same procedural rights as would
form. Publicly available docket Generating Units and Standards of have been afforded had the information
materials are available either Performance for Fossil-Fuel-Fired been available at the time the rule was
electronically through Electric Utility, Industrial-Commercial- proposed. If the Administrator refuses to
www.regulations.gov or in hard copy at Institutional, and Small Industrial- convene such a proceeding, such person
the EPA Docket Center (EPA/DC), Room Commercial-Institutional Steam may seek review of such refusal in the
3334, EPA WJC West Building, 1301 Generating Units’’ (77 FR 9304). The United States court of appeals for the
Constitution Ave. NW., Washington, NESHAP rule issued pursuant to CAA appropriate circuit (as provided in
DC. The Public Reading Room is open section 112 is referred to as the Mercury subsection (b)).’’ Thus, the EPA is only
from 8:30 a.m. to 4:30 p.m., Monday and Air Toxics Standards (MATS), and required to grant a CAA section
through Friday, excluding legal the NSPS rule issued pursuant to CAA 307(d)(7)(B) petition for reconsideration
holidays. The telephone number for the section 111 is referred to as the Utility if the petitioner demonstrates both: (1)
Public Reading Room is (202) 566–1744 NSPS. Following promulgation of the That it was impractical to raise the
and the telephone number for the Air final rules, the Administrator received objection during the public comment
Docket is (202) 566–1742. This Federal petitions for reconsideration of period, or that the grounds for such
Register document and the numerous provisions of both MATS and objection arose after the public
Reconsideration Response Document the Utility NSPS pursuant to CAA comment period but within the time
denying the petitions can also be found section 307(d)(7)(B). specified for judicial review (i.e., within
on the EPA’s Web site at http:// The EPA received 20 petitions for 60 days after publication of the final
www.epa.gov/ttn/atw/utility/ reconsideration of the MATS rule and 3 rulemaking in the Federal Register); and
utilitypg.html. petitions for reconsideration of the (2) that the objection is of central
Utility NSPS. The EPA received relevance to the outcome of the rule.
II. Judicial Review petitions for reconsideration of the On November 30, 2012, the EPA
Section 307(b)(1) of the Clean Air Act MATS rule from the following issued a proposed rule reconsidering
(CAA) indicates which Federal Courts of organizations: American Public Power certain new source MATS, the
Appeals have venue for petitions for Association, ARIPPA, Babcock & requirements applicable during periods
review of final EPA actions. This section Wilcox, Basin Electric Power of startup and shutdown for MATS and
provides, in part, that the petitions for Cooperative, Climate Policy Group, Coal the Utility NSPS (for the PM standard
review must be filed in the Court of Utilization Research Council, only), certain definitional and
Appeals for the District of Columbia Earthjustice, East Kentucky Power monitoring issues in the Utility NSPS,
Circuit if: (i) The agency action consists Cooperative, Edgecombe/Spruance and additional technical corrections to
of ‘‘nationally applicable regulations Genco, Edison Mission Energy, both MATS and the Utility NSPS (77 FR
promulgated, or final action taken, by FirstEnergy, Hawaiian Electric 71323). On April 24, 2013, the EPA
the Administrator,’’ or (ii) such actions Company, Institute of Clean Air issued the final action on
are locally or regionally applicable, if Companies, International Brotherhood reconsideration of the new source
‘‘such action is based on a of Boilermakers, Power4Georgians, MATS, the definitional and monitoring
determination of nationwide scope or Puerto Rico Electric Power Authority, provisions in the Utility NSPS, and the
effect and if in taking such action the Southern Company, State of Texas technical corrections in both rules (78
Administrator find and publishes that (Texas Commission on Environmental FR 24073). The EPA issued the final
such action is based on such a Quality, Texas Public Utility action on reconsideration of the startup
Commission, Railroad Commission of
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determination.’’ and shutdown provisions in the MATS
The EPA has determined that its Texas), Utility Air Regulatory Group and Utility NSPS on November 19, 2014
actions denying the petitions for (UARG), and Wolverine Power Supply (79 FR 68777). In addition, on February
reconsideration are of nationwide scope Cooperative. The EPA received petitions 17, 2015, the EPA proposed additional
and effect for purposes of section for reconsideration of the Utility NSPS technical corrections to the final MATS
307(d)(1) because the actions directly from the following organizations: Air rule and the Utility NSPS (80 FR 8442).
affect the ‘‘National Emission Standards Products, State of Texas (Texas These actions addressed many issues
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![24220 Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Rules and Regulations
raised in the petitions for ENVIRONMENTAL PROTECTION whose disclosure is restricted by statute.
reconsideration of the final MATS rule AGENCY Do not submit information that you
and the Utility NSPS. consider to be CBI or otherwise
40 CFR Part 62 protected through www.regulations.gov
On April 21, 2015, the Administrator,
[EPA–R06–OAR–2013–0763; FRL–9927–00– or email. The www.regulations.gov Web
Gina McCarthy, signed letters to
Region 6] site is an ‘‘anonymous access’’ system,
petitioners denying the remaining issues
which means EPA will not know your
in the petitions for reconsideration. The identity or contact information unless
Approval and Promulgation of State
EPA carefully reviewed the petitions Plans for Designated Facilities and you provide it in the body of your
and evaluated each issue raised in the Pollutants; Texas, Oklahoma, comment. If you send an email
petitions for reconsideration to Arkansas, New Mexico, and the City of comment directly to EPA without going
determine if they meet the CAA section Albuquerque, New Mexico; Control of through www.regulations.gov your email
307(d)(7)(B) criteria for reconsideration. Emissions From Existing Sewage address will be automatically captured
The EPA denied the remaining issues in Sludge Incinerator Units and included as part of the comment
the petitions for reconsideration because that is placed in the public docket and
they do not meet the criteria for AGENCY: Environmental Protection made available on the Internet. If you
reconsideration and/or are moot as Agency (EPA). submit an electronic comment, EPA
explained in detail in the ACTION: Direct final rule. recommends that you include your
Reconsideration Response Document. name and other contact information in
SUMMARY: The Environmental Protection
That document articulates in detail the the body of your comment and with any
Agency (EPA) is taking direct final
rationale for the EPA’s final response to disk or CD–ROM you submit. If EPA
action to approve Clean Air Act (CAA)
each of the remaining issues in the cannot read your comment due to
section 111(d)/129 negative declarations
petitions for reconsideration received on technical difficulties and cannot contact
for the States of Texas, Oklahoma,
the final MATS rule and the Utility you for clarification, EPA may not be
Arkansas, New Mexico, and the City of
able to consider your comment.
NSPS. Albuquerque, New Mexico, for existing
Electronic files should avoid the use of
As explained in the Reconsideration sewage sludge incinerator (SSI) units.
special characters, any form of
Response Document, a significant These negative declarations certify that encryption, and be free of any defects or
majority of the issues raised in the existing SSI units subject to the viruses.
petitions for reconsideration were or requirements of sections 111(d) and 129 Docket: The index to the docket for
could have been raised in comments on of the CAA do not exist within the this action is available electronically at
jurisdictions of Texas, Oklahoma, www.regulations.gov and in hard copy
the proposed MATS and Utility NSPS.
Arkansas, and New Mexico (including at EPA Region 6, 1445 Ross Avenue,
In addition, many of the parties that
the City of Albuquerque). EPA is Suite 700, Dallas, Texas. While all
filed petitions for reconsideration of the
accepting the negative declarations in documents in the docket are listed in
final MATS and Utility NSPS also filed accordance with the requirements of the
petitions for review of the final rules in the index, some information may be
CAA. publicly available only at the hard copy
the United States Court of Appeals for
DATES: This rule is effective on June 29, location (e.g., copyrighted material), and
the District of Columbia Circuit (Court 2015 without further notice, unless EPA some may not be publicly available at
or D.C. Circuit). Many of the issues receives relevant adverse comment by either location (e.g., CBI).
raised in the petitions for June 1, 2015. If EPA receives such FOR FURTHER INFORMATION CONTACT: Mr.
reconsideration were also raised in the comment, EPA will publish a timely Kenneth Boyce, (214) 665–7259, email
D.C. Circuit litigation, and other withdrawal in the Federal Register address boyce.kenneth@epa.gov. To
reconsideration issues could have been informing the public that this rule will inspect the hard copy materials please
raised in that litigation. On April 15, not take effect. contact Mr. Boyce or Mr. Bill Deese at
2014, the Court denied all petitions for ADDRESSES: Submit your comments, (214) 665–6645.
review of MATS and the Utility NSPS. identified by Docket No. EPA–R06– SUPPLEMENTARY INFORMATION:
White Stallion Energy Center v. EPA, OAR–2013–0763, by one of the Throughout this document, ‘‘we’’ ‘‘us’’
784 F.3d 1222 (D.C. Cir. 2014); cert. following methods: and ‘‘our’’ means the EPA.
granted, State of Michigan v. EPA, No. • www.regulations.gov. Follow the
14–46 (and consolidated cases). As the online instructions. Outline
Court may only consider issues raised • Email: Mr. Kenneth W. Boyce at I. Background
during the period for public comment, boyce.kenneth@epa.gov. II. Final Action
issues raised in the litigation and • Mail or delivery: Mr. Guy III. Statutory and Executive Order Reviews
addressed by the Court clearly do not Donaldson, Chief, Air Planning Section
(6PD–L), Environmental Protection I. Background
meet the criteria for reconsideration in
Agency, 1445 Ross Avenue, Suite 1200, EPA’s statutory authority for the
CAA section 307(d)(7)(B). Moreover,
Dallas, Texas 75202–2733. regulation of new and existing solid
parties may not use this final action
Instructions: Direct your comments to waste incineration units is outlined in
denying reconsideration as a basis to Docket No. EPA–R06–OAR–2013–0763. CAA sections 129 and 111. Section 129
litigate issues that could have been EPA’s policy is that all comments of the CAA is specific to solid waste
raised in the initial litigation. received will be included in the public combustion and requires EPA to
docket without change and may be establish performance standards for
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Dated: April 21, 2015.
Gina McCarthy, made available online at each category of solid waste
Administrator. www.regulations.gov, including any incineration units. These standards
personal information provided, unless include new source performance
[FR Doc. 2015–10118 Filed 4–29–15; 8:45 am]
the comment includes information standards (NSPS), applicable to new
BILLING CODE 6560–50–P
claimed to be Confidential Business units, and emissions guidelines and
Information (CBI) or other information other requirements applicable to
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Document Created: 2018-02-21 10:14:53
Document Modified: 2018-02-21 10:14:53
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Notice of final action denying petitions for reconsideration. | |
| Dates | Effective April 30, 2015. | |
| Contact | Mr. Jim Eddinger, Sector Policies and Programs Division (D243-01), Office of Air Quality Planning and Standards, Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541-5426; fax number: | |
| FR Citation | 80 FR 24218 | |
| RIN Number | 2060-AR62 | |
| CFR Citation | 40
CFR
60 40 CFR 63 |
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