81 FR 52346 - Reconsideration on the Mercury and Air Toxics Standards (MATS) and the Utility New Source Performance Standards Startup and Shutdown Provisions; Final Action
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 152 (August 8, 2016)
Federal Register Volume 81, Issue 152 (August 8, 2016)
| Page Range | 52346-52347 | |
| FR Document | 2016-18684 |
[Federal Register Volume 81, Number 152 (Monday, August 8, 2016)] [Rules and Regulations] [Pages 52346-52347] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-18684] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OAR-2009-0234; FRL-9950-31-OAR] 40 CFR Parts 60 and 63 Reconsideration on the Mercury and Air Toxics Standards (MATS) and the Utility New Source Performance Standards Startup and Shutdown Provisions; 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 two petitions for reconsideration of the final rule titled ``Reconsideration of Certain Startup/Shutdown Issues: 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 November 19, 2014. The Administrator denied the requests for reconsideration in separate letters to the petitioners. The letters and a document providing a full explanation of the agency's rationale for each denial is in the docket for these rules. DATES: August 8, 2016. [[Page 52347]] 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: [email protected]. 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 Reconsideration of Certain Startup/ Shutdown Issues: MATS'' (Reconsideration Response Document) are available in the dockets the EPA established under Docket ID No. EPA- HQ-OAR-2009-0234. The Reconsideration Response Document is available in the MATS docket by conducting a search of the title ``Denial of Petitions for Reconsideration of Certain Startup/Shutdown Issues: MATS.'' 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 https://www.epa.gov/mats. 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 United States 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 finds and publishes that such action is based on such a determination.'' The EPA's actions denying the petitions for reconsideration are nationally applicable because the underlying rules--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,'' are nationally applicable. 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 October 7, 2016. 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 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. On November 30, 2012, the EPA issued a proposed rule reconsidering certain new source limits in MATS, the requirements applicable during periods of startup and shutdown for MATS and the Utility NSPS (for the particulate matter 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). The EPA received two petitions for reconsideration of the November 19, 2014, final action on reconsideration of the startup and shutdown provisions in the MATS rule. One petition was submitted by the Environmental Integrity Project, the Chesapeake Climate Action Network, and the Sierra Club, and the other was submitted by the Utility Air Regulatory Group. 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.'' The EPA carefully reviewed the petitions for reconsideration and evaluated all issues raised to determine if they meet the CAA section 307(d)(7)(B) criteria for reconsideration. In separate letters to the petitioners, the EPA Administrator, Gina McCarthy, denied the petitions for reconsideration. The letters were accompanied by a separate Reconsideration Response Document that articulates in detail the rationale for the EPA's final responses. These documents are all available in the docket for this action. Dated: July 29, 2016. Gina McCarthy, Administrator. [FR Doc. 2016-18684 Filed 8-5-16; 8:45 am] BILLING CODE 6560-50-P
![52346 Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Rules and Regulations
or loan programs or the rights and action is consistent with the principles available via the Federal Digital System
obligations of recipients thereof; or in Executive Order 13563. at: www.gpo.gov/fdsys. At this site you
(4) Raise novel legal or policy issues We also have determined that this can view this document, as well as all
arising out of legal mandates, the regulatory action does not unduly other documents of this Department
President’s priorities, or the principles interfere with State, local, and tribal published in the Federal Register, in
stated in the Executive order. governments in the exercise of their text or Portable Document Format
This final regulatory action is not a governmental functions. (PDF). To use PDF you must have
significant regulatory action subject to In accordance with both Executive Adobe Acrobat Reader, which is
review by OMB under section 3(f) of orders, the Department has assessed the available free at the site.
Executive Order 12866. potential costs and benefits, both You may also access documents of the
We have also reviewed this final quantitative and qualitative, of this Department published in the Federal
regulatory action under Executive Order regulatory action. The potential costs Register by using the article search
13563, which supplements and are those resulting from statutory feature at: www.federalregister.gov.
explicitly reaffirms the principles, requirements and those we have Specifically, through the advanced
structures, and definitions governing determined as necessary for search feature at this site, you can limit
regulatory review established in administering the Department’s your search to documents published by
Executive Order 12866. To the extent programs and activities. the Department.
permitted by law, Executive Order The priorities included in this notice
would benefit students, parents, Dated: August 1, 2016.
13563 requires that an agency— Ann Whalen,
educators, administrators, and other
(1) Propose or adopt regulations only Senior Advisor to the Secretary, Delegated
stakeholders by improving the quality of
upon a reasoned determination that the Duties of Assistant, Secretary for
State assessment instruments and
their benefits justify their costs Elementary and Secondary Education.
systems. Priority 1 will yield new, more
(recognizing that some benefits and [FR Doc. 2016–18530 Filed 8–5–16; 8:45 am]
authentic methods for collecting
costs are difficult to quantify);
evidence about what students know and BILLING CODE 4000–01–P
(2) Tailor its regulations to impose the are able to do and provide educators
least burden on society, consistent with with more individualized, easily
obtaining regulatory objectives and integrated assessments that can support
taking into account—among other things ENVIRONMENTAL PROTECTION
competency-based learning and other
and to the extent practicable—the costs AGENCY
forms of personalized instruction.
of cumulative regulations; Priority 2 will allow for States to score
(3) In choosing among alternative [EPA–HQ–OAR–2009–0234; FRL–9950–31–
non-multiple choice assessment items OAR]
regulatory approaches, select those more quickly and at a lower cost and
approaches that maximize net benefits ensure that assessments provide timely,
(including potential economic, 40 CFR Parts 60 and 63
actionable feedback to students, parents,
environmental, public health and safety, and educators. Priority 3 will encourage Reconsideration on the Mercury and
and other advantages; distributive States to ensure that assessments are of Air Toxics Standards (MATS) and the
impacts; and equity); high quality, maximize instructional Utility New Source Performance
(4) To the extent feasible, specify goals, and have clear purpose and Standards Startup and Shutdown
performance objectives, rather than the utility. Further, it will encourage States Provisions; Final Action
behavior or manner of compliance a to eliminate unnecessary or redundant
regulated entity must adopt; and tests. AGENCY: Environmental Protection
(5) Identify and assess available Intergovernmental Review: This Agency (EPA).
alternatives to direct regulation, program is subject to Executive Order ACTION: Notice of final action denying
including economic incentives—such as 12372 and the regulations in 34 CFR petitions for reconsideration.
user fees or marketable permits—to part 79. One of the objectives of the
encourage the desired behavior, or Executive order is to foster an SUMMARY: The U.S. Environmental
provide information that enables the intergovernmental partnership and a Protection Agency (EPA) is providing
public to make choices. strengthened federalism. The Executive notice that it has responded to two
Executive Order 13563 also requires order relies on processes developed by petitions for reconsideration of the final
an agency ‘‘to use the best available State and local governments for rule titled ‘‘Reconsideration of Certain
techniques to quantify anticipated coordination and review of proposed Startup/Shutdown Issues: National
present and future benefits and costs as Federal financial assistance. Emission Standards for Hazardous Air
accurately as possible.’’ The Office of This document provides early Pollutants (NESHAP) From Coal- and
Information and Regulatory Affairs of notification of our specific plans and Oil-Fired Electric Utility Steam
OMB has emphasized that these actions for this program. Generating Units and Standards of
techniques may include ‘‘identifying Accessible Format: Individuals with Performance (NSPS) for Fossil-Fuel-
changing future compliance costs that disabilities can obtain this document in Fired Electric Utility, Industrial-
might result from technological an accessible format (e.g., braille, large Commercial-Institutional, and Small
innovation or anticipated behavioral print, audiotape, or compact disc) on Industrial-Commercial-Institutional
changes.’’ request to the program contact person Steam Generating Units,’’ published in
We are issuing these final priorities listed under FOR FURTHER INFORMATION the Federal Register on November 19,
only on a reasoned determination that 2014. The Administrator denied the
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CONTACT.
their benefits justify their costs. In Electronic Access to This Document: requests for reconsideration in separate
choosing among alternative regulatory The official version of this document is letters to the petitioners. The letters and
approaches, we selected those the document published in the Federal a document providing a full explanation
approaches that maximize net benefits. Register. Free Internet access to the of the agency’s rationale for each denial
Based on the analysis that follows, the official edition of the Federal Register is in the docket for these rules.
Department believes that this regulatory and the Code of Federal Regulations is DATES: August 8, 2016.
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![Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Rules and Regulations 52347
FOR FURTHER INFORMATION CONTACT: Mr. regulations promulgated, or final action source MATS, the definitional and
Jim Eddinger, Sector Policies and taken, by the Administrator,’’ or (ii) monitoring provisions in the Utility
Programs Division (D243–01), Office of such actions are locally or regionally NSPS, and the technical corrections in
Air Quality Planning and Standards, applicable, if ‘‘such action is based on both rules (78 FR 24073). The EPA
Environmental Protection Agency, a determination of nationwide scope or issued the final action on
Research Triangle Park, North Carolina effect and if in taking such action the reconsideration of the startup and
27711; telephone number: (919) 541– Administrator finds and publishes that shutdown provisions in the MATS and
5426; fax number: (919) 541–5450; such action is based on such a Utility NSPS on November 19, 2014 (79
email address: eddinger.jim@epa.gov. determination.’’ FR 68777).
SUPPLEMENTARY INFORMATION: The EPA’s actions denying the
petitions for reconsideration are The EPA received two petitions for
I. How can I get copies of this document nationally applicable because the reconsideration of the November 19,
and other related information? underlying rules—the ‘‘National 2014, final action on reconsideration of
This Federal Register document, the Emission Standards for Hazardous Air the startup and shutdown provisions in
petitions for reconsideration, the letters Pollutants (NESHAP) From Coal- and the MATS rule. One petition was
denying the petitions for Oil-Fired Electric Utility Steam submitted by the Environmental
reconsideration, and the document Generating Units and Standards of Integrity Project, the Chesapeake
titled ‘‘Denial of Petitions for Performance (NSPS) for Fossil-Fuel- Climate Action Network, and the Sierra
Reconsideration of Certain Startup/ Fired Electric Utility, Industrial- Club, and the other was submitted by
Shutdown Issues: MATS’’ Commercial-Institutional, and Small the Utility Air Regulatory Group.
(Reconsideration Response Document) Industrial-Commercial-Institutional
are available in the dockets the EPA Steam Generating Units,’’ are nationally CAA section 307(d)(7)(B) states that
established under Docket ID No. EPA– applicable. Thus, any petitions for ‘‘[o]nly an objection to a rule or
HQ–OAR–2009–0234. The review of the EPA’s decisions denying procedure which was raised with
Reconsideration Response Document is petitioners’ requests for reconsideration reasonable specificity during the period
available in the MATS docket by must be filed in the United States Court for public comment (including any
conducting a search of the title ‘‘Denial of Appeals for the District of Columbia public hearing) may be raised during
of Petitions for Reconsideration of Circuit by October 7, 2016. judicial review. If the person raising an
Certain Startup/Shutdown Issues: objection can demonstrate to the
III. Description of Action
MATS.’’ All documents in the dockets Administrator that it was impracticable
are listed on the www.regulations.gov On February 16, 2012, pursuant to to raise such objection within such time
Web site. Although listed in the index, sections 111 and 112 of the CAA, the or if the grounds for such objection
some information is not publicly EPA published the final rules titled arose after the period for public
available, e.g., confidential business ‘‘National Emission Standards for comment (but within the time specified
information or other information whose Hazardous Air Pollutants From Coal- for judicial review) and if such objection
disclosure is restricted by statute. and Oil-Fired Electric Utility Steam
is of central relevance to the outcome of
Certain other material, such as Generating Units and Standards of
the rule, the Administrator shall
copyrighted material, is not placed on Performance for Fossil-Fuel-Fired
Electric Utility, Industrial-Commercial- convene a proceeding for
the Internet and will be publicly reconsideration of the rule and provide
available only in hard copy form. Institutional, and Small Industrial-
Commercial-Institutional Steam the same procedural rights as would
Publicly available docket materials are
Generating Units’’ (77 FR 9304). The have been afforded had the information
available either electronically through
www.regulations.gov or in hard copy at NESHAP issued pursuant to CAA been available at the time the rule was
the EPA Docket Center (EPA/DC), Room section 112 is referred to as the Mercury proposed.’’
3334, EPA WJC West Building, 1301 and Air Toxics Standards (MATS), and The EPA carefully reviewed the
Constitution Ave. NW., Washington, the NSPS rule issued pursuant to CAA petitions for reconsideration and
DC. The Public Reading Room is open section 111 is referred to as the Utility evaluated all issues raised to determine
from 8:30 a.m. to 4:30 p.m., Monday NSPS. Following promulgation of the if they meet the CAA section
through Friday, excluding legal final rules, the Administrator received 307(d)(7)(B) criteria for reconsideration.
holidays. The telephone number for the petitions for reconsideration of In separate letters to the petitioners, the
Public Reading Room is (202) 566–1744 numerous provisions of both MATS and EPA Administrator, Gina McCarthy,
and the telephone number for the Air the Utility NSPS pursuant to CAA
denied the petitions for reconsideration.
Docket is (202) 566–1742. This Federal section 307(d)(7)(B). The EPA received
The letters were accompanied by a
Register document and the 20 petitions for reconsideration of the
MATS rule and 3 petitions for separate Reconsideration Response
Reconsideration Response Document
reconsideration of the Utility NSPS. Document that articulates in detail the
denying the petitions can also be found
On November 30, 2012, the EPA rationale for the EPA’s final responses.
on the EPA’s Web site at https://
www.epa.gov/mats. issued a proposed rule reconsidering These documents are all available in the
certain new source limits in MATS, the docket for this action.
II. Judicial Review requirements applicable during periods Dated: July 29, 2016.
Section 307(b)(1) of the Clean Air Act of startup and shutdown for MATS and Gina McCarthy,
(CAA) indicates which Federal Courts of the Utility NSPS (for the particulate
Administrator.
Appeals have venue for petitions for matter standard only), certain
rmajette on DSK2TPTVN1PROD with RULES
[FR Doc. 2016–18684 Filed 8–5–16; 8:45 am]
review of final EPA actions. This section definitional and monitoring issues in
provides, in part, that the petitions for the Utility NSPS, and additional BILLING CODE 6560–50–P
review must be filed in the United technical corrections to both MATS and
States Court of Appeals for the District the Utility NSPS (77 FR 71323). On
of Columbia Circuit if: (i) The agency April 24, 2013, the EPA issued the final
action consists of ‘‘nationally applicable action on reconsideration of the new
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Document Created: 2016-08-06 03:08:23
Document Modified: 2016-08-06 03:08:23
| 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 | August 8, 2016. | |
| 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 | 81 FR 52346 | |
| CFR Citation | 40
CFR
60 40 CFR 63 |
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