80_FR_26298 80 FR 26210 - Prevention of Significant Deterioration Permitting for Greenhouse Gases: Providing Option for Rescission of EPA-Issued Tailoring Rule Step 2 Prevention of Significant Deterioration Permits

80 FR 26210 - Prevention of Significant Deterioration Permitting for Greenhouse Gases: Providing Option for Rescission of EPA-Issued Tailoring Rule Step 2 Prevention of Significant Deterioration Permits

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 88 (May 7, 2015)

Page Range26210-26212
FR Document2015-10629

The Environmental Protection Agency (EPA) is proposing to amend the federal Prevention of Significant Deterioration (PSD) program regulations to allow for rescission of certain PSD permits issued by the EPA and delegated reviewing authorities under Step 2 of the Prevention of Significant Deterioration and Title V Greenhouse Gas (GHG) Tailoring Rule (Tailoring Rule). We are proposing to take this action in order to provide a mechanism for the EPA and delegated reviewing authorities to rescind PSD permits that are no longer required in light of the United States (U.S.) Supreme Court's decision in Utility Air Regulatory Group (UARG) v. EPA and the amended appeals court judgment in Coalition for Responsible Regulation (Coalition) v. EPA, vacating that rule. These decisions determined that Step 2 of the Tailoring Rule was not required by the Clean Air Act (CAA or Act) and vacated the EPA regulations implementing Step 2. When effective, this action would authorize the EPA and delegated reviewing authorities to rescind Step 2 GHG PSD permits in response to requests from applicants who can demonstrate that they are eligible for permit rescission. In the ``Rules and Regulations'' section of this Federal Register, we are amending the federal PSD program regulations as a direct final rule without a prior proposed rule. If we receive no adverse comment in response to the direct final rule, we will not take further action on this proposed rule.

Federal Register, Volume 80 Issue 88 (Thursday, May 7, 2015)
[Federal Register Volume 80, Number 88 (Thursday, May 7, 2015)]
[Proposed Rules]
[Pages 26210-26212]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-10629]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-HQ-OAR-2015-0071; FRL-9926-97-OAR]
RIN 2060-AS57


Prevention of Significant Deterioration Permitting for Greenhouse 
Gases: Providing Option for Rescission of EPA-Issued Tailoring Rule 
Step 2 Prevention of Significant Deterioration Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
amend the federal Prevention of Significant Deterioration (PSD) program 
regulations to allow for rescission of certain PSD permits issued by 
the EPA and delegated reviewing authorities under Step 2 of the 
Prevention of Significant Deterioration and Title V Greenhouse Gas 
(GHG) Tailoring Rule (Tailoring Rule). We are proposing to take this 
action in order to provide a mechanism for the EPA and delegated 
reviewing authorities to rescind PSD permits that are no longer 
required in light of the United States (U.S.) Supreme Court's decision 
in Utility Air Regulatory Group (UARG) v. EPA and the amended appeals 
court judgment in Coalition for Responsible Regulation (Coalition) v. 
EPA, vacating that rule. These decisions determined that Step 2 of the 
Tailoring

[[Page 26211]]

Rule was not required by the Clean Air Act (CAA or Act) and vacated the 
EPA regulations implementing Step 2. When effective, this action would 
authorize the EPA and delegated reviewing authorities to rescind Step 2 
GHG PSD permits in response to requests from applicants who can 
demonstrate that they are eligible for permit rescission. In the 
``Rules and Regulations'' section of this Federal Register, we are 
amending the federal PSD program regulations as a direct final rule 
without a prior proposed rule. If we receive no adverse comment in 
response to the direct final rule, we will not take further action on 
this proposed rule.

DATES: Written comments must be received by June 8, 2015.
    Public Hearing: If anyone contacts the EPA by May 18, 2015, 
requesting to speak at a public hearing on this action, the EPA will 
hold a public hearing on May 22, 2015 in Research Triangle Park, North 
Carolina. The EPA will not hold a hearing if one is not requested. 
Please check the EPA's Web page at http://www.epa.gov/nsr on May 19, 
2015 for the announcement of whether the hearing will be held.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2015-0071, by mail to U.S. Environmental Protection Agency, EPA 
Docket Center, Mail Code 28221T, 1200 Pennsylvania Avenue NW., 
Washington, DC 20460. Comments may also be submitted electronically or 
through hand delivery/courier by following the detailed instructions in 
the ADDRESSES section of the direct final rule located in the rules 
section of this Federal Register.

FOR FURTHER INFORMATION CONTACT: Mrs. Jessica Monta[ntilde]ez, U.S. 
Environmental Protection Agency, Office of Air Quality Planning and 
Standards, Air Quality Planning Division, (C504-03), Research Triangle 
Park, NC 27711, telephone number (919) 541-3407, email at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. What are the details for the potential public hearing?

    If there is a public hearing, it will be held at the EPA, Building 
C, 109 T.W. Alexander Drive, Research Triangle Park, North Carolina, 
27709; the room number will be announced on the NSR Web site at http://www.epa.gov/nsr. If requested, the hearing will provide interested 
parties the opportunity to present data, views or arguments concerning 
this action. The EPA will make every effort to accommodate all speakers 
who arrive and register. Because this hearing will be held at U.S. 
government facilities, individuals planning to attend the hearing 
should be prepared to show valid picture identification to the security 
staff in order to gain access to the meeting room. Please note that the 
REAL ID Act, passed by Congress in 2005, established new requirements 
for entering federal facilities. These requirements took effect July 
21, 2014. If your driver's license is issued by American Samoa, 
Arizona, Idaho, Louisiana, Maine, Minnesota, New Hampshire or New York, 
you must present an additional form of identification to enter the 
federal buildings where the public hearings will be held. Acceptable 
alternative forms of identification include: federal employee badges, 
passports, enhanced driver's licenses and military identification 
cards. For additional information for the status of your state 
regarding REAL ID, go to http://www.dhs.gov/real-id-enforcement-brief. 
In addition, you will need to obtain a property pass for any personal 
belongings you bring with you. Upon leaving the building, you will be 
required to return this property pass to the security desk. No large 
signs will be allowed in the building, cameras may only be used outside 
of the building and demonstrations will not be allowed on federal 
property for security reasons. If held, the public hearing will begin 
at 10:00 a.m. and continue until 5:00 p.m., if necessary, depending on 
the number of speakers. The EPA may end the hearing early if all 
registered speakers have had an opportunity to speak, but no earlier 
than 2:00 p.m. Persons wishing to present oral testimony that have not 
made arrangements in advance should register by 2:00 p.m. the day of 
the hearing. Oral testimony will be limited to 5 minutes per commenter. 
The EPA encourages commenters to provide written versions of their oral 
testimonies either electronically (on computer disk or CD-ROM) or in 
paper copy. Verbatim transcripts and written statements will be 
included in the rulemaking docket.
    If you want to request a hearing and present oral testimony at the 
hearing, you should notify, on or before May 18, 2015, Ms. Pamela Long, 
U.S. Environmental Protection Agency, Office of Air Quality Planning 
and Standards, Air Quality Policy Division, C504-01, Research Triangle 
Park, NC 27711, telephone (919) 541-0641, email [email protected]. The 
hearing will be strictly limited to the subject matter of the proposal, 
the scope of which is discussed below. Any member of the public may 
file a written comment by the close of the comment period. Written 
comments should be submitted to Docket ID No. EPA-HQ-OAR-2015-0071 at 
the addresses given above for submittal of comments. If a hearing is 
held, the hearing schedule, including the list of speakers, will be 
posted on the EPA's Web page at http://www.epa.gov/nsr. A verbatim 
transcript of the hearing, if held, and written comments will be made 
available for copying during normal working hours at the EPA Docket 
Center address given above for inspection of documents.

II. Why is the EPA issuing this proposed rule?

    The EPA is proposing to take action to amend the federal PSD 
program regulation at 40 CFR 52.21 to allow existing PSD permits that 
were issued under Step 2 of the Tailoring Rule \1\ for GHGs to be 
rescinded. This proposed action narrowly amends the permit rescission 
provisions in the federal PSD regulations found in 40 CFR 52.21(w) to 
allow for the rescission of EPA-issued PSD permits \2\ that were issued 
under Step 2 of the Tailoring Rule permitting regulations.
---------------------------------------------------------------------------

    \1\ Prevention of Significant Deterioration and Title V 
Greenhouse Gas Tailoring Rule (75 FR 31514, June 3, 2010); 40 CFR 
52.21(b)(49)(v).
    \2\ The terms ``EPA-issued PSD permits that were issued under 
Step 2 of the Tailoring Rule'' and ``EPA-issued Step 2 PSD permits'' 
both refer to PSD permits issued by the EPA as well as by delegated 
reviewing authorities under Step 2 of the Tailoring Rule.
---------------------------------------------------------------------------

    The U.S. Supreme Court determined the permitting requirements under 
Step 2 of the Tailoring Rule to be invalid in UARG v. EPA, 134 S. Ct. 
2427 (2014). The Supreme Court affirmed in part and reversed in part an 
earlier decision of the United States Court of Appeals for the District 
of Columbia Circuit (D.C. Circuit) in Coalition for Responsible 
Regulation v. EPA, 684 F.3d 102 (D.C. Cir. 2012). In further 
proceedings upon consideration of the Supreme Court decision, the D.C. 
Circuit amended its judgment in the Coalition case. The Amended 
Judgment vacated particular provisions of the EPA's regulations 
implementing Step 2 of the Tailoring Rule.
    This proposed action does not itself rescind any permits; it only 
proposes the regulatory mechanism through which the EPA could then 
rescind, upon request of a source, an EPA-issued Step 2 PSD permit 
consistent with the U.S. Supreme Court decision and the amended 
judgment of the D.C. Circuit. Furthermore, we have published a direct 
final rule amending these federal PSD program regulations in the 
``Rules and Regulations'' section of this Federal Register because we 
view this as a non-controversial amendment and anticipate

[[Page 26212]]

no adverse comment. We have explained our reasons for this action in 
the preamble to the direct final rule.
    If we receive no adverse comment, we will not take further action 
on this proposed rule. If the EPA receives adverse comment in response 
to the direct final rule, we will publish a timely withdrawal in the 
Federal Register informing the public that the direct final rule will 
not take effect. In that case, we would address all public comments in 
any subsequent final rule based on this proposed rule.
    We do not intend to institute a second comment period on this 
action. Any parties interested in commenting must do so at this time. 
For further information about commenting on this rule, please see the 
information provided in the ADDRESSES section of this document.
    The regulatory text for the proposal is identical to that for the 
direct final rule published in the ``Rules and Regulations'' section of 
this Federal Register. For further supplementary information, the 
detailed rationale for the proposal and the regulatory revisions, see 
the direct final rule published in a separate part of this Federal 
Register.
    Neither this rule or direct final rule address any issues 
concerning the federal PSD permit rescission regulations at 40 CFR 
52.21(w) that are not related to the Supreme Court decision in UARG v. 
EPA and the amended judgment of the D.C. Circuit. The EPA is developing 
a separate rulemaking action that will provide an opportunity for the 
public to comment on others circumstances where 40 CFR 52.21(w) may 
limit the ability to rescind PSD permits that are no longer necessary.

III. Does this action apply to me?

    The entities potentially affected by this rule include new and 
modified stationary sources that were required to obtain an EPA-issued 
Step 2 PSD permit under the federal PSD regulations found at 40 CFR 
52.21 solely because the source or a modification of the source was 
expected to emit or increase GHG emissions over the applicable 
thresholds. This includes (1) sources classified as major for PSD 
purposes solely on the basis of their potential GHG emissions; and (2) 
sources emitting major amounts of other pollutants that experienced a 
modification resulting in an increase of only greenhouse gas emission 
above the applicable levels in the EPA regulations. Entities affected 
by this rule may also include state or local reviewing authorities that 
have been delegated federal authority to implement the federal PSD 
regulations under 40 CFR 52.21(u) and that have issued Step 2 PSD 
permits to sources within their jurisdiction. This rule does not 
address the requirements for approval of a PSD program into a state 
implementation plan (40 CFR 51.166) or the rescission of PSD permits 
issued by states and local programs with such approved programs. 
Stationary sources with questions on the PSD permitting obligations 
arising from Step 2 PSD permits issued by state or local reviewing 
authorities under the permitting programs approved into state 
implementation plans should review the governing statutory provisions 
and provisions in the applicable approved state or local permitting 
program to determine how to address any Step 2 PSD permitting issues 
and consult with the EPA as necessary.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Greenhouse gases, Incorporation by reference, Intergovernmental 
relations, Lead, National ambient air quality standards, New source 
review, Nitrogen dioxide, Ozone, Particulate matter, Permit 
rescissions, Preconstruction permitting, Sulfur oxides, Tailoring rule, 
Volatile organic compounds.

    Dated: April 30, 2015.
Gina McCarthy,
Administrator.
[FR Doc. 2015-10629 Filed 5-6-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                    26210                     Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Proposed Rules

                                                    Supply Contracts for a Specified Portion of             Ass’n v. U.S. Commodity Futures Trading               person or class of persons, any swap or class
                                                    an Entity’s Physical Need for a Commodity               Comm’n, 887 F. Supp. 2d 259 (D.D.C. 2012).            of swaps, any contract of sale of a commodity
                                                    (e.g., peaking supply contracts)                           I strongly disagree, however, with the             for future delivery or class of such contracts,
                                                       As noted above, concerns have also been              Commission’s statement that it preliminarily          any option or class of options, or any
                                                    raised about the appropriate treatment of               believes that any future application of               transaction or class of transactions from any
                                                    peaking supply contracts which are often                position limits would be best addressed in            requirement it may establish . . . with
                                                    used by companies to manage the risks                   the context of the pending position limits            respect to position limits.’’
                                                    attendant to their need for physical                    rulemaking. Simply put, position limits for              As long as the specter of position limits
                                                    commodities that may be used to generate                trade options are not ‘‘necessary to diminish,        hangs over trade options, market participants
                                                    electricity, run an operating plant, or                 eliminate, or prevent’’ excessive speculation.        that have used these instruments for decades
                                                    manufacture or supply other goods and                   Section 4a(a)(1) of the Commodity Exchange            as a cost effective means of ensuring a
                                                    services.                                               Act (CEA). The final trade options rule               reliable supply of a physical commodity and
                                                       Market participants have raised concerns             should make clear that trade options are              to hedge commercial risk will be reluctant to
                                                    about whether or not these contracts could be           exempt from position limits.                          use them. As I have said before, commercial
                                                    considered commodity options. In instances                 As the Commission recognized in                    end-users, including commercial end-users of
                                                    where these contracts represent a reservation           promulgating the interim final rule                   everyday trade options, were not the cause of
                                                    of a portion of supplier’s capacity to provide          establishing the trade options exemption,             the financial crisis and the federal
                                                    a particular commodity and not a transaction            ‘‘position limits apply only to speculative           government should stop treating them like
                                                    for the commodity itself, it seems possible             positions. . . . Trade options, which are             they were.
                                                    these contracts may not be commodity                    commonly used as hedging instruments or in               I urge my fellow Commissioners to
                                                    options. One test that has been proposed to             connection with some commercial function,             eliminate this regulatory uncertainty sooner,
                                                    determine whether or not such contracts are             would normally qualify as hedges, exempt              rather than later, by exercising our section
                                                    commodity options is whether:                           from the speculative position limit rules.’’          4a(a)(7) authority in connection with this
                                                       1. The subject of the agreement, contract or         Commodity Options, 77 FR 25320, 25328                 trade options rulemaking. I encourage further
                                                    transaction is a binding, sole-source,                  n.50 (Apr. 27, 2012).                                 public comment on the issue.
                                                    obligation of a supplier of a physical                     By definition, the offeree to a trade option
                                                                                                                                                                  [FR Doc. 2015–11020 Filed 5–6–15; 8:45 am]
                                                    commodity to stand ready to meet a specified            ‘‘must be a producer, commercial user of, or
                                                                                                            a merchant handling the commodity that is             BILLING CODE 6351–01–P
                                                    portion of a commercial consumer’s physical
                                                    need for a commodity through providing for              the subject of the commodity option
                                                    the physical delivery of that commodity to              transaction, or the products or by-products
                                                    the specified commercial consumer or its                thereof,’’ and must restrict the use of trade         ENVIRONMENTAL PROTECTION
                                                    designee in connection with the physical                options ‘‘solely for purposes related to its
                                                                                                                                                                  AGENCY
                                                    obligation,                                             business as such.’’ § 32.3(a)(2). Moreover, the
                                                       2. The payment provided by the                       ‘‘option must be intended to be physically
                                                                                                                                                                  40 CFR Part 52
                                                    commercial consumer to the commercial                   settled, so that, if exercised, [it] would result
                                                    supplier for such agreement, contract or                in the sale of an exempt or agricultural              [EPA–HQ–OAR–2015–0071; FRL–9926–97–
                                                    transaction is in the nature of a reservation           commodity for immediate or deferred                   OAR]
                                                    charge to provide the service of standing               shipment or delivery.’’ § 32.3(a)(3). Given
                                                    ready to meet the physical needs of the                 these parameters, the risk that trade options         RIN 2060–AS57
                                                    commercial consumer,                                    could be used to engage in speculation, much
                                                       3. Payment for any commodity delivered               less excessive speculation, is so remote as to        Prevention of Significant Deterioration
                                                    under such agreement, contract or                       be virtually non-existent.                            Permitting for Greenhouse Gases:
                                                    transaction is at the market price for that                Applying a position limits regime to trade         Providing Option for Rescission of
                                                    commodity at the time of delivery (i.e., the            options and requiring commercial end-users            EPA-Issued Tailoring Rule Step 2
                                                    agreement, contract, or transaction is not              to seek bona fide hedge treatment for those           Prevention of Significant Deterioration
                                                    used to hedge price risk), and                          transactions, which was floated as a
                                                       4. The agreement, contract or transaction is         possibility in the pending proposed position
                                                                                                                                                                  Permits
                                                    necessary to meet the commercial consumer’s             limits rule, would not be an acceptable               AGENCY:  Environmental Protection
                                                    projected physical needs or is required by              outcome. See Position Limits for Derivatives,         Agency (EPA).
                                                    regulation.                                             78 FR 75680, 75711 (Dec. 12, 2013). As
                                                       I think the Commission would benefit from            commenters to the proposed position limits            ACTION: Proposed rule.
                                                    receiving comments on this proposed test                rule have pointed out, there is no regulatory
                                                    and peaking supply contracts more generally             benefit to imposing position limits on                SUMMARY:   The Environmental Protection
                                                    as it appears to be one of the significant              instruments that inherently are not                   Agency (EPA) is proposing to amend the
                                                    outstanding issues regarding instruments that           speculative in nature, and doing so ‘‘will            federal Prevention of Significant
                                                    may or may not be trade options.                        distort commodity markets and impede                  Deterioration (PSD) program regulations
                                                       Together, these two additional items may             economically efficient behavior’’ by                  to allow for rescission of certain PSD
                                                    help address outstanding concerns that have             discouraging the use of trade options. Natural        permits issued by the EPA and
                                                    been expressed by commercial market                     Gas Supply Association Comment Letter
                                                    participants, and I think the Commission
                                                                                                                                                                  delegated reviewing authorities under
                                                                                                            dated Aug. 4, 2014 at 13. A comment letter
                                                    would benefit by getting comment upon                                                                         Step 2 of the Prevention of Significant
                                                                                                            filed by the Edison Electric Institute and the
                                                    them.                                                   Electric Power Supply Association (Joint              Deterioration and Title V Greenhouse
                                                                                                            Associations) cites persuasive examples of            Gas (GHG) Tailoring Rule (Tailoring
                                                    Appendix 4—Statement of                                                                                       Rule). We are proposing to take this
                                                                                                            how application of the proposed position
                                                    Commissioner J. Christopher Giancarlo                   limits rule would eliminate the ability of            action in order to provide a mechanism
                                                       I support the Commission’s proposed                  market participants to enter into multi-month         for the EPA and delegated reviewing
                                                    amendments to the interim final trade                   and multi-year trade options. See Joint               authorities to rescind PSD permits that
mstockstill on DSK4VPTVN1PROD with PROPOSALS




                                                    options rule. These are common sense                    Associations Comment Letter dated Feb. 7,             are no longer required in light of the
                                                    reforms that will alleviate certain                     2014 at 6–7; see also American Gas                    United States (U.S.) Supreme Court’s
                                                    recordkeeping and reporting burdens that                Association Comment Letter dated Feb. 10,
                                                                                                                                                                  decision in Utility Air Regulatory Group
                                                    § 32.3 currently imposes on end-users that              2014 at 5 (the lack of a contractual upper
                                                    use trade options to manage commercial risk.            limit in the way that natural gas options are         (UARG) v. EPA and the amended
                                                    The deletion of the reference in § 32.3(c)(2)           structured make position limit reporting              appeals court judgment in Coalition for
                                                    to part 151 position limits is also appropriate         impossible).                                          Responsible Regulation (Coalition) v.
                                                    in light of the fact that part 151 was vacated             The Commission has the authority in                EPA, vacating that rule. These decisions
                                                    by the court in Int’l Swaps & Derivatives               section 4a(a)(7) of the CEA to exempt ‘‘any           determined that Step 2 of the Tailoring


                                               VerDate Sep<11>2014   17:16 May 06, 2015   Jkt 235001   PO 00000   Frm 00013   Fmt 4702   Sfmt 4702   E:\FR\FM\07MYP1.SGM   07MYP1


                                                                              Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Proposed Rules                                                     26211

                                                    Rule was not required by the Clean Air                  government facilities, individuals                    to Docket ID No. EPA–HQ–OAR–2015–
                                                    Act (CAA or Act) and vacated the EPA                    planning to attend the hearing should be              0071 at the addresses given above for
                                                    regulations implementing Step 2. When                   prepared to show valid picture                        submittal of comments. If a hearing is
                                                    effective, this action would authorize                  identification to the security staff in               held, the hearing schedule, including
                                                    the EPA and delegated reviewing                         order to gain access to the meeting                   the list of speakers, will be posted on
                                                    authorities to rescind Step 2 GHG PSD                   room. Please note that the REAL ID Act,               the EPA’s Web page at http://
                                                    permits in response to requests from                    passed by Congress in 2005, established               www.epa.gov/nsr. A verbatim transcript
                                                    applicants who can demonstrate that                     new requirements for entering federal                 of the hearing, if held, and written
                                                    they are eligible for permit rescission. In             facilities. These requirements took effect            comments will be made available for
                                                    the ‘‘Rules and Regulations’’ section of                July 21, 2014. If your driver’s license is            copying during normal working hours at
                                                    this Federal Register, we are amending                  issued by American Samoa, Arizona,                    the EPA Docket Center address given
                                                    the federal PSD program regulations as                  Idaho, Louisiana, Maine, Minnesota,                   above for inspection of documents.
                                                    a direct final rule without a prior                     New Hampshire or New York, you must
                                                    proposed rule. If we receive no adverse                                                                       II. Why is the EPA issuing this
                                                                                                            present an additional form of
                                                    comment in response to the direct final                                                                       proposed rule?
                                                                                                            identification to enter the federal
                                                    rule, we will not take further action on                buildings where the public hearings will                 The EPA is proposing to take action
                                                    this proposed rule.                                     be held. Acceptable alternative forms of              to amend the federal PSD program
                                                    DATES: Written comments must be                         identification include: federal employee              regulation at 40 CFR 52.21 to allow
                                                    received by June 8, 2015.                               badges, passports, enhanced driver’s                  existing PSD permits that were issued
                                                       Public Hearing: If anyone contacts the               licenses and military identification                  under Step 2 of the Tailoring Rule 1 for
                                                    EPA by May 18, 2015, requesting to                      cards. For additional information for the             GHGs to be rescinded. This proposed
                                                    speak at a public hearing on this action,               status of your state regarding REAL ID,               action narrowly amends the permit
                                                    the EPA will hold a public hearing on                   go to http://www.dhs.gov/real-id-                     rescission provisions in the federal PSD
                                                    May 22, 2015 in Research Triangle Park,                 enforcement-brief. In addition, you will              regulations found in 40 CFR 52.21(w) to
                                                    North Carolina. The EPA will not hold                   need to obtain a property pass for any                allow for the rescission of EPA-issued
                                                    a hearing if one is not requested. Please               personal belongings you bring with you.               PSD permits 2 that were issued under
                                                    check the EPA’s Web page at http://                     Upon leaving the building, you will be                Step 2 of the Tailoring Rule permitting
                                                    www.epa.gov/nsr on May 19, 2015 for                     required to return this property pass to              regulations.
                                                    the announcement of whether the                         the security desk. No large signs will be                The U.S. Supreme Court determined
                                                    hearing will be held.                                   allowed in the building, cameras may                  the permitting requirements under Step
                                                    ADDRESSES: Submit your comments,                        only be used outside of the building and              2 of the Tailoring Rule to be invalid in
                                                    identified by Docket ID No. EPA–HQ–                     demonstrations will not be allowed on                 UARG v. EPA, 134 S. Ct. 2427 (2014).
                                                    OAR–2015–0071, by mail to U.S.                          federal property for security reasons. If             The Supreme Court affirmed in part and
                                                    Environmental Protection Agency, EPA                    held, the public hearing will begin at                reversed in part an earlier decision of
                                                    Docket Center, Mail Code 28221T, 1200                   10:00 a.m. and continue until 5:00 p.m.,              the United States Court of Appeals for
                                                    Pennsylvania Avenue NW., Washington,                    if necessary, depending on the number                 the District of Columbia Circuit (D.C.
                                                    DC 20460. Comments may also be                          of speakers. The EPA may end the                      Circuit) in Coalition for Responsible
                                                    submitted electronically or through                     hearing early if all registered speakers              Regulation v. EPA, 684 F.3d 102 (D.C.
                                                    hand delivery/courier by following the                  have had an opportunity to speak, but                 Cir. 2012). In further proceedings upon
                                                    detailed instructions in the ADDRESSES                  no earlier than 2:00 p.m. Persons                     consideration of the Supreme Court
                                                    section of the direct final rule located in             wishing to present oral testimony that                decision, the D.C. Circuit amended its
                                                    the rules section of this Federal                       have not made arrangements in advance                 judgment in the Coalition case. The
                                                    Register.                                               should register by 2:00 p.m. the day of               Amended Judgment vacated particular
                                                                                                            the hearing. Oral testimony will be                   provisions of the EPA’s regulations
                                                    FOR FURTHER INFORMATION CONTACT: Mrs.
                                                                                                            limited to 5 minutes per commenter.                   implementing Step 2 of the Tailoring
                                                    Jessica Montañez, U.S. Environmental
                                                                                                            The EPA encourages commenters to                      Rule.
                                                    Protection Agency, Office of Air Quality
                                                                                                            provide written versions of their oral                   This proposed action does not itself
                                                    Planning and Standards, Air Quality
                                                                                                            testimonies either electronically (on                 rescind any permits; it only proposes
                                                    Planning Division, (C504–03), Research
                                                                                                            computer disk or CD–ROM) or in paper                  the regulatory mechanism through
                                                    Triangle Park, NC 27711, telephone
                                                                                                            copy. Verbatim transcripts and written                which the EPA could then rescind,
                                                    number (919) 541–3407, email at
                                                                                                            statements will be included in the                    upon request of a source, an EPA-issued
                                                    montanez.jessica@epa.gov.
                                                                                                            rulemaking docket.                                    Step 2 PSD permit consistent with the
                                                    SUPPLEMENTARY INFORMATION:                                                                                    U.S. Supreme Court decision and the
                                                                                                               If you want to request a hearing and
                                                    I. What are the details for the potential               present oral testimony at the hearing,                amended judgment of the D.C. Circuit.
                                                    public hearing?                                         you should notify, on or before May 18,               Furthermore, we have published a
                                                                                                            2015, Ms. Pamela Long, U.S.                           direct final rule amending these federal
                                                       If there is a public hearing, it will be
                                                                                                            Environmental Protection Agency,                      PSD program regulations in the ‘‘Rules
                                                    held at the EPA, Building C, 109 T.W.
                                                                                                            Office of Air Quality Planning and                    and Regulations’’ section of this Federal
                                                    Alexander Drive, Research Triangle
                                                                                                            Standards, Air Quality Policy Division,               Register because we view this as a non-
                                                    Park, North Carolina, 27709; the room
                                                                                                            C504–01, Research Triangle Park, NC                   controversial amendment and anticipate
                                                    number will be announced on the NSR
mstockstill on DSK4VPTVN1PROD with PROPOSALS




                                                    Web site at http://www.epa.gov/nsr. If                  27711, telephone (919) 541–0641, email                   1 Prevention of Significant Deterioration and Title
                                                    requested, the hearing will provide                     long.pam@epa.gov. The hearing will be                 V Greenhouse Gas Tailoring Rule (75 FR 31514,
                                                    interested parties the opportunity to                   strictly limited to the subject matter of             June 3, 2010); 40 CFR 52.21(b)(49)(v).
                                                    present data, views or arguments                        the proposal, the scope of which is                      2 The terms ‘‘EPA-issued PSD permits that were

                                                    concerning this action. The EPA will                    discussed below. Any member of the                    issued under Step 2 of the Tailoring Rule’’ and
                                                                                                                                                                  ‘‘EPA-issued Step 2 PSD permits’’ both refer to PSD
                                                    make every effort to accommodate all                    public may file a written comment by                  permits issued by the EPA as well as by delegated
                                                    speakers who arrive and register.                       the close of the comment period.                      reviewing authorities under Step 2 of the Tailoring
                                                    Because this hearing will be held at U.S.               Written comments should be submitted                  Rule.



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                                                    26212                     Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Proposed Rules

                                                    no adverse comment. We have                             implement the federal PSD regulations                 for the Birmingham area from 7.8
                                                    explained our reasons for this action in                under 40 CFR 52.21(u) and that have                   pounds per square inch (psi) to 9.0 psi
                                                    the preamble to the direct final rule.                  issued Step 2 PSD permits to sources                  for gasoline. The EPA has preliminarily
                                                      If we receive no adverse comment, we                  within their jurisdiction. This rule does             determined that this change to the
                                                    will not take further action on this                    not address the requirements for                      federal RVP regulation is consistent
                                                    proposed rule. If the EPA receives                      approval of a PSD program into a state                with the applicable provisions of the
                                                    adverse comment in response to the                      implementation plan (40 CFR 51.166) or                Clean Air Act (CAA).
                                                    direct final rule, we will publish a                    the rescission of PSD permits issued by               DATES: Written comments must be
                                                    timely withdrawal in the Federal                        states and local programs with such                   received on or before June 8, 2015
                                                    Register informing the public that the                  approved programs. Stationary sources                 unless a public hearing is requested by
                                                    direct final rule will not take effect. In              with questions on the PSD permitting                  May 22, 2015. If the EPA receives such
                                                    that case, we would address all public                  obligations arising from Step 2 PSD                   a request, we will publish information
                                                    comments in any subsequent final rule                   permits issued by state or local                      related to the timing and location of the
                                                    based on this proposed rule.                            reviewing authorities under the                       hearing and a new deadline for public
                                                      We do not intend to institute a second                permitting programs approved into state               comment.
                                                    comment period on this action. Any                      implementation plans should review the
                                                    parties interested in commenting must                                                                         ADDRESSES: Submit your comments,
                                                                                                            governing statutory provisions and                    identified by Docket ID No. EPA–HQ–
                                                    do so at this time. For further                         provisions in the applicable approved
                                                    information about commenting on this                                                                          OAR–2014–0905, by one of the
                                                                                                            state or local permitting program to                  following methods:
                                                    rule, please see the information                        determine how to address any Step 2
                                                    provided in the ADDRESSES section of                                                                             • www.regulations.gov: Follow the
                                                                                                            PSD permitting issues and consult with                on-line instructions for submitting
                                                    this document.                                          the EPA as necessary.
                                                      The regulatory text for the proposal is                                                                     comments.
                                                    identical to that for the direct final rule             List of Subjects in 40 CFR Part 52                       • Email: a-and-r-Docket@epa.gov.
                                                    published in the ‘‘Rules and                                                                                     • Mail: Air Docket, Environmental
                                                                                                              Environmental protection, Air                       Protection Agency, Mailcode: 6102T,
                                                    Regulations’’ section of this Federal                   pollution control, Carbon monoxide,
                                                    Register. For further supplementary                                                                           1200 Pennsylvania Ave. NW.,
                                                                                                            Greenhouse gases, Incorporation by                    Washington, DC 20460, Attention
                                                    information, the detailed rationale for                 reference, Intergovernmental relations,
                                                    the proposal and the regulatory                                                                               Docket ID No. EPA–HQ–OAR–2014–
                                                                                                            Lead, National ambient air quality                    0905. Please include a total of two
                                                    revisions, see the direct final rule                    standards, New source review, Nitrogen
                                                    published in a separate part of this                                                                          copies.
                                                                                                            dioxide, Ozone, Particulate matter,                      • Hand Delivery: Air and Radiation
                                                    Federal Register.                                       Permit rescissions, Preconstruction
                                                      Neither this rule or direct final rule                                                                      Docket, EPA Docket Center, WJC West
                                                                                                            permitting, Sulfur oxides, Tailoring                  Building, Room 3334, 1301 Constitution
                                                    address any issues concerning the
                                                                                                            rule, Volatile organic compounds.                     Avenue NW., Washington, DC 20004.
                                                    federal PSD permit rescission
                                                    regulations at 40 CFR 52.21(w) that are                   Dated: April 30, 2015.                              Attention Docket ID No. EPA–HQ–
                                                    not related to the Supreme Court                        Gina McCarthy,                                        OAR–2014–0905. Please include two
                                                    decision in UARG v. EPA and the                         Administrator.                                        copies. Such deliveries are accepted
                                                    amended judgment of the D.C. Circuit.                   [FR Doc. 2015–10629 Filed 5–6–15; 8:45 am]            only during the Docket’s normal hours
                                                    The EPA is developing a separate                        BILLING CODE 6560–50–P
                                                                                                                                                                  of operation, and special arrangements
                                                    rulemaking action that will provide an                                                                        should be made for deliveries of boxed
                                                    opportunity for the public to comment                                                                         information.
                                                    on others circumstances where 40 CFR                    ENVIRONMENTAL PROTECTION                                 Instructions: Direct your comments to
                                                    52.21(w) may limit the ability to rescind               AGENCY                                                Docket ID No. EPA–HQ–OAR–2014–
                                                    PSD permits that are no longer                                                                                0905. The EPA’s policy is that all
                                                    necessary.                                              40 CFR Part 80                                        comments received will be included in
                                                                                                            [EPA–HQ–OAR–2014–0905; FRL 9927–15–
                                                                                                                                                                  the public docket without change and
                                                    III. Does this action apply to me?                                                                            may be made available online at
                                                                                                            OAR]
                                                       The entities potentially affected by                                                                       www.regulations.gov, including any
                                                    this rule include new and modified                      RIN 2060–AS58                                         personal information provided, unless
                                                    stationary sources that were required to                                                                      the comment includes information
                                                    obtain an EPA-issued Step 2 PSD permit                  Relaxation of the Federal Reid Vapor                  claimed to be Confidential Business
                                                    under the federal PSD regulations found                 Pressure Gasoline Volatility Standard                 Information (CBI) or other information
                                                    at 40 CFR 52.21 solely because the                      for Birmingham, Alabama                               whose disclosure is restricted by statute.
                                                    source or a modification of the source                  AGENCY:  Environmental Protection                     Do not submit information that you
                                                    was expected to emit or increase GHG                    Agency.                                               consider to be CBI or otherwise
                                                    emissions over the applicable                           ACTION: Proposed rule.                                protected through www.regulations.gov
                                                    thresholds. This includes (1) sources                                                                         or email. The www.regulations.gov Web
                                                    classified as major for PSD purposes                    SUMMARY:   The Environmental Protection               site is an ‘‘anonymous access’’ system,
                                                    solely on the basis of their potential                  Agency (EPA) is proposing to approve a                which means that the EPA will not
                                                    GHG emissions; and (2) sources emitting                 request from the state of Alabama for the             know your identity or contact
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                                                    major amounts of other pollutants that                  EPA to relax the Reid Vapor Pressure                  information unless you provide it in the
                                                    experienced a modification resulting in                 (RVP) standard applicable to gasoline                 body of your comment. If you send an
                                                    an increase of only greenhouse gas                      introduced into commerce from June 1                  email comment directly to the EPA
                                                    emission above the applicable levels in                 to September 15 of each year for                      without going through
                                                    the EPA regulations. Entities affected by               Jefferson and Shelby counties (‘‘the                  www.regulations.gov your email address
                                                    this rule may also include state or local               Birmingham area’’). Specifically, the                 will be automatically captured and
                                                    reviewing authorities that have been                    EPA is proposing to amend the                         included as part of the comment that is
                                                    delegated federal authority to                          regulations to change the RVP standard                placed in the public docket and made


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Document Created: 2015-12-16 07:50:04
Document Modified: 2015-12-16 07:50:04
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received by June 8, 2015.
ContactMrs. Jessica Monta[ntilde]ez, U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Air Quality Planning Division, (C504-03), Research Triangle Park, NC 27711, telephone number (919) 541-3407, email at [email protected]
FR Citation80 FR 26210 
RIN Number2060-AS57
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Greenhouse Gases; Incorporation by Reference; Intergovernmental Relations; Lead; National Ambient Air Quality Standards; New Source Review; Nitrogen Dioxide; Ozone; Particulate Matter; Permit Rescissions; Preconstruction Permitting; Sulfur Oxides; Tailoring Rule and Volatile Organic Compounds

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