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)

Page Range		27442-27443
FR Document		2016-10754

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 Issue 88 (Friday, May 6, 2016)

[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

Federal Register / Vol. 81, No. 88 / Friday, May 6, 2016 / Notices 27443

Park, NC 27711; telephone number: Sources: Electric Utility Generating Petitions to Reconsider the CAA section
(919) 541–2968; facsimile number: (919) Units.’’ (‘‘section 111(b) greenhouse gas 111(b) Standards of Performance for
541–5450; email address: hutson.nick@ (GHG) new source performance Greenhouse Gas Emissions from New,
epa.gov or Mr. Christian Fellner, Energy standards (NSPS)’’) 80 FR 64510.1 Modified, and Reconstructed Fossil
Strategies Group, Sector Policies and Following publication of the final rule, Fuel-Fired Electric Utility Generating
Programs Division (D243–01), U.S. EPA, the Administrator received petitions for Units.’’ For reasons set out in the
Research Triangle Park, NC 27711; reconsideration of certain provisions of memorandum, the petitions for review
telephone number: (919) 541–4003; the final rule pursuant to CAA section of UARG, AEP, Ameren, EELI, and the
facsimile number: (919) 541–5450; 307(d)(7)(B). State of Wisconsin (with the exception
email address: fellner.christian@ CAA section 307(d)(7)(B) requires the of the issue regarding treatment of
epa.gov. EPA to convene a proceeding for biomass) are denied.3
SUPPLEMENTARY INFORMATION: reconsideration of a rule if a party Dated: April 29, 2016.
raising an objection to the rule ‘‘can Gina McCarthy,
I. Where can I get a copy of this demonstrate to the Administrator that it
document and other related Administrator.
was impracticable to raise such
information? [FR Doc. 2016–10754 Filed 5–5–16; 8:45 am]
objection within [the public comment
BILLING CODE 6560–50–P
A copy of this Federal Register period] or if the grounds for such
notice, the petitions for reconsideration, objection arose after the period for
and the separate memorandum public comment (but within the time ENVIRONMENTAL PROTECTION
describing the full basis for this action specified for judicial review) and if such AGENCY
is available in the rulemaking dockets objection is of central relevance to the
(Docket ID No. EPA–HQ–OAR–2013– outcome of the rule.’’ The requirement [FRL–9946–10–OARM; EPA–HQ–OARM–
0495 and Docket ID No. EPA–HQ–OAR– to convene a proceeding to reconsider a 2016–0214]
2013–0603). In addition, following rule is, thus, based on the petitioner
Public Availability of Environmental
signature, an electronic copy of this demonstrating to the EPA both: (1) That
Protection Agency FY 2015 Service
final action and the memorandum will it was impracticable to raise the
Contract Inventory
be available on the World Wide Web objection during the comment period, or
(WWW) at the following address: that the grounds for such objection arose AGENCY: Environmental Protection
https://www.epa.gov/cleanpowerplan. after the comment period but within the Agency (EPA).
time specified for judicial review (i.e., ACTION: Notice.
II. Judicial Review
within 60 days after publication of the
Section 307(b)(1) of the Clean Air Act final rulemaking notice in the Federal SUMMARY: In accordance with Section
(CAA) specifies which Federal Courts of Register, see CAA section 307(b)(1)); 743 of Division C of the Consolidated
Appeal have venue over petitions for and (2) that the objection is of central Appropriations Act of 2010 (Public Law
review of final EPA actions. This section relevance to the outcome of the rule. 111–117), the Environmental Protection
provides, in part, that ‘‘a petition for The EPA received six petitions for Agency (EPA) is publishing this notice
review of action of the Administrator in reconsideration of the CAA section to advise the public of the availability
promulgating . . . any standard of 111(b) greenhouse gas (GHG) new of the FY 2015 Service Contract
performance or requirement under source performance standard (NSPS) Inventory. This inventory provides
section [111] of [the CAA],’’ or any other from the following entities: the Utility information on service contract actions
‘‘nationally applicable’’ final action, Air Regulatory Group (UARG); over $25,000 that were made in FY
‘‘may be filed only in the United States American Electric Power (AEP); Ameren 2015. The information is organized by
Court of Appeals for the District of Corp. (Ameren); the Energy and function to show how contracted
Columbia.’’ Environmental Legal Institute (EELI); resources are distributed throughout the
The EPA has determined that its State of Wisconsin; and the Biogenic Agency. The inventory has been
action denying the petitions for CO2 Coalition. The EPA is denying all developed in accordance with guidance
reconsideration is nationally applicable but the last of these petitions as not issued by the Office of Management and
for purposes of CAA section 307(b)(1) satisfying one or both of the statutory Budget’s Office of Federal Procurement
because the action directly affects the conditions for compelled Policy (OFPP), Service Contract
Standards of Performance for reconsideration. The EPA is deferring Inventories (December 19, 2011). The
Greenhouse Gas Emissions from New, action on the petition of the Biogenic Environmental Protection Agency has
Modified, and Reconstructed Stationary CO2 Coalition pending our further on- posted its inventory and a summary of
Sources: Electric Utility Generating going consideration of the underlying the inventory on the EPA’s homepage at
Units, which are nationally applicable issue of whether and how to account for the following link: http://www.epa.gov/
section 111 standards. Thus, any biomass when co-firing with fossil oam/inventory/inventory.htm
petitions for review of the EPA’s fuels.2 FOR FURTHER INFORMATION CONTACT:
decision to deny petitioners’ requests We discuss each of the five petitions Questions regarding the service contract
for reconsideration must be filed in the we are denying and the basis for those inventory should be directed to Linear
United States Court of Appeals for the denials in a separate, docketed Cherry in the Office of Acquisition
District of Columbia by July 5, 2016. memorandum titled ‘‘Basis for Denial of Management, Policy, Training, and
asabaliauskas on DSK3SPTVN1PROD with NOTICES

III. Background and Summary of the Oversight Division (3802R), Financial
Action 1 The rule is also often referred to as the ‘‘Carbon Analysis and Oversight Service Center,
Pollution Standards.’’ Environmental Protection Agency, 1200
On October 23, 2015, pursuant to 2 The State of Wisconsin, in its petition, also
Pennsylvania Avenue NW., Washington,
section 111(b) of the CAA, the EPA raises the issue of whether and how to account for
biomass fuels for purposes of determining DC 20460; telephone number: (202)
published the final rule titled
compliance with applicable standards when
‘‘Standards of Performance for biomass is co-fired with fossil fuels. The EPA is 3 The Administrator is also sending an individual
Greenhouse Gas Emissions from New, likewise not acting at this time on this portion of letter to each of the petitioners announcing her
Modified, and Reconstructed Stationary the State’s petition. decision on their petition.

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Document Created: 2016-05-06 00:29:41
Document Modified: 2016-05-06 00:29:41

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		Notices
Action		Notice of final action denying petitions for reconsideration.
Dates		Effective May 6, 2016.
Contact		Dr. Nick Hutson, Energy Strategies Group, Sector Policies and Programs Division (D243-01), U.S. EPA, Research Triangle Park, NC 27711; telephone number: (919) 541-2968; facsimile number:
FR Citation		81 FR 27442