81 FR 27442 - Reconsideration of Standards of Performance for Greenhouse Gas Emissions From New, Modified, and Reconstructed Stationary Sources: Electric Utility Generating Units

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 88 (May 6, 2016)

The U.S. Environmental Protection Agency (EPA) received six petitions for reconsideration of the final Standards of Performance for Greenhouse Gas Emissions from New, Modified, and Reconstructed Stationary Sources: Electric Utility Generating Units, published in the Federal Register on October 23, 2015. The agency is providing notice that it is denying five of these petitions, and deferring action on the issue of treatment of biomass raised in the petitions of both the Biogenic CO<INF>2</INF> Coalition and the State of Wisconsin. The basis for the EPA's action is set out fully in a separate memorandum available in the rulemaking docket.

[Federal Register Volume 81, Number 88 (Friday, May 6, 2016)]
[Notices]
[Pages 27442-27443]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-10754]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2013-0495; EPA-HQ-OAR-2013-0603; FRL-9946-09-OAR]


Reconsideration of Standards of Performance for Greenhouse Gas 
Emissions From New, Modified, and Reconstructed Stationary Sources: 
Electric Utility Generating Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final action denying petitions for reconsideration.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) received six 
petitions for reconsideration of the final Standards of Performance for 
Greenhouse Gas Emissions from New, Modified, and Reconstructed 
Stationary Sources: Electric Utility Generating Units, published in the 
Federal Register on October 23, 2015. The agency is providing notice 
that it is denying five of these petitions, and deferring action on the 
issue of treatment of biomass raised in the petitions of both the 
Biogenic CO2 Coalition and the State of Wisconsin. The basis 
for the EPA's action is set out fully in a separate memorandum 
available in the rulemaking docket.

DATES: Effective May 6, 2016.

FOR FURTHER INFORMATION CONTACT: Dr. Nick Hutson, Energy Strategies 
Group, Sector Policies and Programs Division (D243-01), U.S. EPA, 
Research Triangle

[[Page 27443]]

Park, NC 27711; telephone number: (919) 541-2968; facsimile number: 
(919) 541-5450; email address: [email protected] or Mr. Christian 
Fellner, Energy Strategies Group, Sector Policies and Programs Division 
(D243-01), U.S. EPA, Research Triangle Park, NC 27711; telephone 
number: (919) 541-4003; facsimile number: (919) 541-5450; email 
address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Where can I get a copy of this document and other related 
information?

    A copy of this Federal Register notice, the petitions for 
reconsideration, and the separate memorandum describing the full basis 
for this action is available in the rulemaking dockets (Docket ID No. 
EPA-HQ-OAR-2013-0495 and Docket ID No. EPA-HQ-OAR-2013-0603). In 
addition, following signature, an electronic copy of this final action 
and the memorandum will be available on the World Wide Web (WWW) at the 
following address: https://www.epa.gov/cleanpowerplan.

II. Judicial Review

    Section 307(b)(1) of the Clean Air Act (CAA) specifies which 
Federal Courts of Appeal have venue over petitions for review of final 
EPA actions. This section provides, in part, that ``a petition for 
review of action of the Administrator in promulgating . . . any 
standard of performance or requirement under section [111] of [the 
CAA],'' or any other ``nationally applicable'' final action, ``may be 
filed only in the United States Court of Appeals for the District of 
Columbia.''
    The EPA has determined that its action denying the petitions for 
reconsideration is nationally applicable for purposes of CAA section 
307(b)(1) because the action directly affects the Standards of 
Performance for Greenhouse Gas Emissions from New, Modified, and 
Reconstructed Stationary Sources: Electric Utility Generating Units, 
which are nationally applicable section 111 standards. Thus, any 
petitions for review of the EPA's decision to deny petitioners' 
requests for reconsideration must be filed in the United States Court 
of Appeals for the District of Columbia by July 5, 2016.

III. Background and Summary of the Action

    On October 23, 2015, pursuant to section 111(b) of the CAA, the EPA 
published the final rule titled ``Standards of Performance for 
Greenhouse Gas Emissions from New, Modified, and Reconstructed 
Stationary Sources: Electric Utility Generating Units.'' (``section 
111(b) greenhouse gas (GHG) new source performance standards (NSPS)'') 
80 FR 64510.\1\ Following publication of the final rule, the 
Administrator received petitions for reconsideration of certain 
provisions of the final rule pursuant to CAA section 307(d)(7)(B).
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    \1\ The rule is also often referred to as the ``Carbon Pollution 
Standards.''
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    CAA section 307(d)(7)(B) requires the EPA to convene a proceeding 
for reconsideration of a rule if a party raising an objection to the 
rule ``can demonstrate to the Administrator that it was impracticable 
to raise such objection within [the public comment period] 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 
requirement to convene a proceeding to reconsider a rule is, thus, 
based on the petitioner demonstrating to the EPA both: (1) That it was 
impracticable to raise the objection during the comment period, or that 
the grounds for such objection arose after the comment period but 
within the time specified for judicial review (i.e., within 60 days 
after publication of the final rulemaking notice in the Federal 
Register, see CAA section 307(b)(1)); and (2) that the objection is of 
central relevance to the outcome of the rule.
    The EPA received six petitions for reconsideration of the CAA 
section 111(b) greenhouse gas (GHG) new source performance standard 
(NSPS) from the following entities: the Utility Air Regulatory Group 
(UARG); American Electric Power (AEP); Ameren Corp. (Ameren); the 
Energy and Environmental Legal Institute (EELI); State of Wisconsin; 
and the Biogenic CO2 Coalition. The EPA is denying all but 
the last of these petitions as not satisfying one or both of the 
statutory conditions for compelled reconsideration. The EPA is 
deferring action on the petition of the Biogenic CO2 
Coalition pending our further on-going consideration of the underlying 
issue of whether and how to account for biomass when co-firing with 
fossil fuels.\2\
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    \2\ The State of Wisconsin, in its petition, also raises the 
issue of whether and how to account for biomass fuels for purposes 
of determining compliance with applicable standards when biomass is 
co-fired with fossil fuels. The EPA is likewise not acting at this 
time on this portion of the State's petition.
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    We discuss each of the five petitions we are denying and the basis 
for those denials in a separate, docketed memorandum titled ``Basis for 
Denial of Petitions to Reconsider the CAA section 111(b) Standards of 
Performance for Greenhouse Gas Emissions from New, Modified, and 
Reconstructed Fossil Fuel-Fired Electric Utility Generating Units.'' 
For reasons set out in the memorandum, the petitions for review of 
UARG, AEP, Ameren, EELI, and the State of Wisconsin (with the exception 
of the issue regarding treatment of biomass) are denied.\3\
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    \3\ The Administrator is also sending an individual letter to 
each of the petitioners announcing her decision on their petition.

    Dated: April 29, 2016.
Gina McCarthy,
Administrator.
[FR Doc. 2016-10754 Filed 5-5-16; 8:45 am]
 BILLING CODE 6560-50-P