82 FR 16330 - Review of the Standards of Performance for Greenhouse Gas Emissions From New, Modified, and Reconstructed Stationary Sources: Electric Generating Units
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 63 (April 4, 2017)
Federal Register Volume 82, Issue 63 (April 4, 2017)
| Page Range | 16330-16331 | |
| FR Document | 2017-06519 |
[Federal Register Volume 82, Number 63 (Tuesday, April 4, 2017)] [Proposed Rules] [Pages 16330-16331] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-06519] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 60 [FRL-9961-10-OAR] Review of the Standards of Performance for Greenhouse Gas Emissions From New, Modified, and Reconstructed Stationary Sources: Electric Generating Units AGENCY: Environmental Protection Agency (EPA). ACTION: Announcement of review. ----------------------------------------------------------------------- SUMMARY: The U.S. Environmental Protection Agency (EPA) announces that it is reviewing and, if appropriate, will initiate proceedings to suspend, revise or rescind the Standards of Performance for Greenhouse Gas Emissions From New, Modified, and Reconstructed Stationary Sources: Electric Generating Units. DATES: April 4, 2017. FOR FURTHER INFORMATION CONTACT: Mr. Peter Tsirigotis, Sector Policies and Programs Division (D205-01), U.S. Environmental Protection Agency, Research Triangle Park, NC 27711; telephone number: (888) 627-7764; email address: airaction@epa.gov. SUPPLEMENTARY INFORMATION: By this notice, EPA announces it is reviewing the Standards of Performance for Greenhouse Gas Emissions From New, Modified, and Reconstructed Stationary Sources: Electric Generating Units (New Source Rule), 80 FR 64510 (October 23, 2015) and, if appropriate, will as soon as practicable and consistent with law, initiate reconsideration proceedings to suspend, revise or rescind this rule. The New Source Rule established national emission standards to limit carbon dioxide emissions from new fossil fuel-fired power plants. I. Background The New Source Rule was promulgated under the authority of Section 111 of the Clean Air Act. 42 U.S.C. 7411. That Section authorizes EPA to issue nationally applicable New Source Performance Standards (NSPS) limiting air pollution from ``new sources'' in source categories that cause or contribute to air pollution that may reasonably be anticipated to endanger public health or welfare. 42 U.S.C. Section 7411(b)(1). Under this authority, EPA had long regulated new fossil fuel-fired power plants to limit air pollution other than carbon dioxide, including particulate matter (PM); nitrogen oxides (NOx) and sulfur dioxide (SO2 ). See 40 CFR part 60 subparts D, Da. In the New [[Page 16331]] Source Rule, EPA for the first time used Section 111(b) to limit carbon dioxide emissions from new power plants. Due to concerns about EPA's legal authority and record, 24 States and a number of other parties sought judicial review of the New Source Rule in the U.S. Court of Appeals for the District of Columbia. State of North Dakota v. EPA, No. 15-1381 (and consolidated cases) (D.C. Cir.). The case has been fully briefed, and oral argument in the D.C. Circuit is currently scheduled for April 17, 2017. II. Initiation of Review of New Source Rule On March 28, 2017, President Trump issued an Executive Order establishing a national policy in favor of energy independence, economic growth, and the rule of law. The purpose of that Executive Order is to facilitate the development of U.S. energy resources and to reduce unnecessary regulatory burdens associated with the development of those resources. The President has directed agencies to review existing regulations that potentially burden the development of domestic energy resources, and appropriately suspend, revise, or rescind regulations that unduly burden the development of U.S. energy resources beyond what is necessary to protect the public interest or otherwise comply with the law. The Executive Order also directs agencies to take appropriate actions, to the extent permitted by law, to promote clean air and clean water while also respecting the proper roles of Congress and the States. The Executive Order specifically directs EPA to review and, if appropriate, initiate reconsideration proceedings to suspend, revise or rescind the New Source Rule. Pursuant to the Executive Order, EPA is initiating its review of the New Source Rule and providing advanced notice of forthcoming rulemaking proceedings consistent with the President's policies. If EPA's review concludes that suspension, revision or rescission of the New Source Rule may be appropriate, EPA's review will be followed by a rulemaking process that will be transparent, follow proper administrative procedures, include appropriate engagement with the public, employ sound science, and be firmly grounded in the law. EPA's ability to revisit existing regulations is well-grounded in the law. Specifically, the agency has inherent authority to reconsider past decisions and to rescind or revise a decision to the extent permitted by law when supported by a reasoned explanation. FCC v. Fox Television Stations, Inc., 556 U.S. 502, 515 (2009) (``Fox''); Motor Vehicle Manufacturers Ass'n of the United States, Inc., et al, v. State Farm Mutual Automobile Insurance Co., et al, 463 U.S. 29, 42 (1983) (``State Farm''). Moreover, the Clean Air Act itself authorizes EPA to reconsider its rulemakings. 42 U.S.C. 7607(b)(1), (d)(7)(B). The Clean Air Act complements the EPA's inherent authority to reconsider prior rulemakings by providing the agency with broad authority to prescribe regulations as necessary. 42 U.S.C. 7601(a). The authority to reconsider prior decisions exists in part because EPA's interpretations of statutes it administers ``are not carved in stone'' but must be evaluated ``on a continuing basis,'' Chevron U.S.A. Inc. v. NRDC, Inc., 467 U.S. 837, 857-58 (1984). This is true when--as is the case here-- review is undertaken ``in response to . . . a change in administrations.'' National Cable & Telecommunications Ass'n v. Brand X Internet Services, 545 U.S. 967, 981 (2005). Importantly, such a revised decision need not be based upon a change of facts or circumstances. Rather, a revised rulemaking based ``on a reevaluation of which policy would be better in light of the facts'' is ``well within an agency's discretion,'' and ``[a] change in administration brought about by the people casting their votes is a perfectly reasonable basis for an executive agency's reappraisal of the costs and benefits of its programs and regulations.'' National Ass'n of Home Builders v. EPA, 682 F.3d 1032, 1038 & 1043 (D.C. Cir. 2012) (citing Fox, 556 U.S. at 514-15; quoting State Farm, 463 U.S. at 59 (Rehnquist, J., concurring in part and dissenting in part)). In conducting this review, EPA will follow each of the principles and policies set forth in the Executive Order, consistent with EPA's statutory authority. The Agency will reevaluate whether this Rule and alternative approaches are appropriately grounded in EPA's statutory authority and consistent with the rule of law. EPA will assess whether this Rule or alternative approaches would appropriately promote cooperative federalism and respect the authority and powers that are reserved to the States. EPA will also examine whether this Rule or alternative approaches effect the Administration's dual goals of protecting public health and welfare while also supporting economic growth and job creation. EPA will review whether this Rule or alternative approaches appropriately maintain the diversity of reliable energy resources and encourage the production of domestic energy sources to achieve energy independence and security. Additionally, EPA will assess this Rule and alternative approaches to determine whether they will provide benefits that substantially exceed their costs. In taking any actions subsequent to this review, EPA will use its appropriated funds and agency resources wisely by firmly grounding in the statute its actions to protect public health and welfare. Dated: March 28, 2017. E. Scott Pruitt, Administrator. [FR Doc. 2017-06519 Filed 4-3-17; 8:45 am] BILLING CODE 6560-50-P
![16330 Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Proposed Rules
directs EPA to review and, if Inc., 467 U.S. 837, 857–58 (1984). This ENVIRONMENTAL PROTECTION
appropriate, initiate reconsideration is true when—as is the case here— AGENCY
proceedings to suspend, revise or review is undertaken ‘‘in response to
rescind this Rule, including the . . . a change in administrations.’’ 40 CFR Part 60
accompanying Legal Memorandum. National Cable & Telecommunications [FRL–9961–10–OAR]
Pursuant to the Executive Order, EPA Ass’n v. Brand X Internet Services, 545
is initiating its review of the CPP, U.S. 967, 981 (2005). Importantly, such Review of the Standards of
including the accompanying legal a revised decision need not be based Performance for Greenhouse Gas
memorandum, and providing advanced Emissions From New, Modified, and
upon a change of facts or circumstances.
notice of forthcoming rulemaking Reconstructed Stationary Sources:
Rather, a revised rulemaking based ‘‘on
proceedings consistent with the Electric Generating Units
President’s policies. If EPA’s review a reevaluation of which policy would be
concludes that suspension, revision or better in light of the facts’’ is ‘‘well AGENCY: Environmental Protection
rescission of this Rule may be within an agency’s discretion,’’ and ‘‘[a] Agency (EPA).
appropriate, EPA’s review will be change in administration brought about ACTION: Announcement of review.
followed by a rulemaking process that by the people casting their votes is a
will be transparent, follow proper perfectly reasonable basis for an SUMMARY: The U.S. Environmental
administrative procedures, include executive agency’s reappraisal of the Protection Agency (EPA) announces that
appropriate engagement with the public, costs and benefits of its programs and it is reviewing and, if appropriate, will
employ sound science, and be firmly regulations.’’ National Ass’n of Home initiate proceedings to suspend, revise
grounded in the law. Builders v. EPA, 682 F.3d 1032, 1038 & or rescind the Standards of Performance
As part of the review of the CPP that 1043 (D.C. Cir. 2012) (citing Fox, 556 for Greenhouse Gas Emissions From
EPA is initiating today, EPA will be U.S. at 514–15; quoting State Farm, 463 New, Modified, and Reconstructed
reviewing the compliance dates that U.S. at 59 (Rehnquist, J., concurring in Stationary Sources: Electric Generating
were set in the CPP. Under the Supreme part and dissenting in part)). Units.
Court’s stay of the CPP, states and other DATES: April 4, 2017.
In conducting this review, EPA will
interested parties have not been
required nor expected to work towards follow each of the principles and FOR FURTHER INFORMATION CONTACT: Mr.
meeting the compliance dates set in the policies set forth in the Executive Order, Peter Tsirigotis, Sector Policies and
CPP. Indeed, some compliance dates as consistent with EPA’s statutory Programs Division (D205–01), U.S.
have passed or will likely pass while the authority. The Agency will reevaluate Environmental Protection Agency,
CPP continues to be stayed. For these whether this Rule and alternative Research Triangle Park, NC 27711;
reasons, the compliance dates in the approaches are appropriately grounded telephone number: (888) 627–7764;
CPP will need to be re-evaluated. Once in EPA’s statutory authority and email address: airaction@epa.gov.
EPA completes its review and decides consistent with the rule of law. EPA will SUPPLEMENTARY INFORMATION: By this
what further action to take on the CPP, assess whether this Rule or alternative notice, EPA announces it is reviewing
EPA will ensure that any and all approaches would appropriately the Standards of Performance for
remaining compliance dates will be promote cooperative federalism and Greenhouse Gas Emissions From New,
reasonable and appropriate in light of respect the authority and powers that Modified, and Reconstructed Stationary
the Supreme Court stay of the CPP and are reserved to the states. EPA will also Sources: Electric Generating Units (New
other factors. examine whether this Rule and Source Rule), 80 FR 64510 (October 23,
EPA’s ability to revisit existing alternative approaches effect the 2015) and, if appropriate, will as soon
regulations is well-grounded in the law. Administration’s dual goals of as practicable and consistent with law,
Specifically, the agency has inherent protecting public health and welfare initiate reconsideration proceedings to
authority to reconsider past decisions while also supporting economic growth suspend, revise or rescind this rule. The
and to rescind or revise a decision to the and job creation. EPA will review New Source Rule established national
extent permitted by law when whether this Rule or alternative emission standards to limit carbon
supported by a reasoned explanation. approaches appropriately maintain the dioxide emissions from new fossil fuel-
FCC v. Fox Television Stations, Inc., 556 fired power plants.
diversity of reliable energy resources
U.S. 502, 515 (2009) (‘‘Fox’’); Motor
and encourage the production of I. Background
Vehicle Manufacturers Ass’n of the
United States, Inc., et al., v. State Farm domestic energy sources to achieve The New Source Rule was
Mutual Automobile Insurance Co., et al., energy independence and security. promulgated under the authority of
463 U.S. 29, 42 (1983) (‘‘State Farm’’). Additionally, EPA will assess this Rule Section 111 of the Clean Air Act. 42
Moreover, the Clean Air Act itself and alternative approaches to determine U.S.C. 7411. That Section authorizes
authorizes EPA to reconsider its whether they will provide benefits that EPA to issue nationally applicable New
rulemakings. 42 U.S.C. 7607(b)(1), substantially exceed their costs. In Source Performance Standards (NSPS)
(d)(7)(B). The Clean Air Act taking any actions subsequent to this limiting air pollution from ‘‘new
complements the EPA’s inherent review, EPA will use its appropriated sources’’ in source categories that cause
authority to reconsider prior funds and agency resources wisely by or contribute to air pollution that may
rulemakings by providing the agency firmly grounding in the statute its reasonably be anticipated to endanger
nlaroche on DSK30NT082PROD with PROPOSALS
with broad authority to prescribe actions to protect public health and public health or welfare. 42 U.S.C.
regulations as necessary. 42 U.S.C. welfare. Section 7411(b)(1). Under this authority,
7601(a). The authority to reconsider Dated: March 28, 2017. EPA had long regulated new fossil fuel-
prior decisions exists in part because fired power plants to limit air pollution
E. Scott Pruitt,
EPA’s interpretations of statutes it other than carbon dioxide, including
administers ‘‘are not carved in stone’’ Administrator. particulate matter (PM); nitrogen oxides
but must be evaluated ‘‘on a continuing [FR Doc. 2017–06522 Filed 4–3–17; 8:45 am] (NOx) and sulfur dioxide (SO2). See 40
basis,’’ Chevron U.S.A. Inc. v. NRDC, BILLING CODE 6560–50–P CFR part 60 subparts D, Da. In the New
VerDate Sep<11>2014 15:42 Apr 03, 2017 Jkt 241001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\04APP1.SGM 04APP1](https://thefederalregister.org/doc/82_FR_16393/page/1.svg)
![Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Proposed Rules 16331
Source Rule, EPA for the first time used FCC v. Fox Television Stations, Inc., 556 and encourage the production of
Section 111(b) to limit carbon dioxide U.S. 502, 515 (2009) (‘‘Fox’’); Motor domestic energy sources to achieve
emissions from new power plants. Vehicle Manufacturers Ass’n of the energy independence and security.
Due to concerns about EPA’s legal United States, Inc., et al, v. State Farm Additionally, EPA will assess this Rule
authority and record, 24 States and a Mutual Automobile Insurance Co., et al, and alternative approaches to determine
number of other parties sought judicial 463 U.S. 29, 42 (1983) (‘‘State Farm’’). whether they will provide benefits that
review of the New Source Rule in the Moreover, the Clean Air Act itself substantially exceed their costs. In
U.S. Court of Appeals for the District of authorizes EPA to reconsider its taking any actions subsequent to this
Columbia. State of North Dakota v. EPA, rulemakings. 42 U.S.C. 7607(b)(1), review, EPA will use its appropriated
No. 15–1381 (and consolidated cases) (d)(7)(B). The Clean Air Act funds and agency resources wisely by
(D.C. Cir.). The case has been fully complements the EPA’s inherent firmly grounding in the statute its
briefed, and oral argument in the D.C. authority to reconsider prior actions to protect public health and
Circuit is currently scheduled for April rulemakings by providing the agency welfare.
17, 2017. with broad authority to prescribe Dated: March 28, 2017.
II. Initiation of Review of New Source regulations as necessary. 42 U.S.C. E. Scott Pruitt,
Rule 7601(a). The authority to reconsider
Administrator.
prior decisions exists in part because
On March 28, 2017, President Trump EPA’s interpretations of statutes it [FR Doc. 2017–06519 Filed 4–3–17; 8:45 am]
issued an Executive Order establishing administers ‘‘are not carved in stone’’ BILLING CODE 6560–50–P
a national policy in favor of energy but must be evaluated ‘‘on a continuing
independence, economic growth, and basis,’’ Chevron U.S.A. Inc. v. NRDC,
the rule of law. The purpose of that Inc., 467 U.S. 837, 857–58 (1984). This
ENVIRONMENTAL PROTECTION
Executive Order is to facilitate the AGENCY
is true when—as is the case here—
development of U.S. energy resources
review is undertaken ‘‘in response to 40 CFR Part 60
and to reduce unnecessary regulatory
. . . a change in administrations.’’
burdens associated with the [FRL–9961–09–OAR]
National Cable & Telecommunications
development of those resources. The
Ass’n v. Brand X Internet Services, 545
President has directed agencies to Review of the 2016 Oil and Gas New
U.S. 967, 981 (2005). Importantly, such
review existing regulations that Source Performance Standards for
a revised decision need not be based
potentially burden the development of New, Reconstructed, and Modified
upon a change of facts or circumstances.
domestic energy resources, and Sources
Rather, a revised rulemaking based ‘‘on
appropriately suspend, revise, or
rescind regulations that unduly burden a reevaluation of which policy would be AGENCY: Environmental Protection
the development of U.S. energy better in light of the facts’’ is ‘‘well Agency (EPA).
resources beyond what is necessary to within an agency’s discretion,’’ and ‘‘[a] ACTION: Announcement of review.
protect the public interest or otherwise change in administration brought about
by the people casting their votes is a SUMMARY: The U.S. Environmental
comply with the law. The Executive
perfectly reasonable basis for an Protection Agency (EPA) announces it is
Order also directs agencies to take
executive agency’s reappraisal of the reviewing the 2016 Oil and Gas New
appropriate actions, to the extent
costs and benefits of its programs and Source Performance Standards and, if
permitted by law, to promote clean air
and clean water while also respecting regulations.’’ National Ass’n of Home appropriate, will initiate
the proper roles of Congress and the Builders v. EPA, 682 F.3d 1032, 1038 & reconsideration proceedings to suspend,
States. The Executive Order specifically 1043 (D.C. Cir. 2012) (citing Fox, 556 revise or rescind this rule.
directs EPA to review and, if U.S. at 514–15; quoting State Farm, 463 DATES: April 4, 2017.
appropriate, initiate reconsideration U.S. at 59 (Rehnquist, J., concurring in FOR FURTHER INFORMATION CONTACT: Mr.
proceedings to suspend, revise or part and dissenting in part)). Peter Tsirigotis, Sector Policies and
rescind the New Source Rule. In conducting this review, EPA will Programs Division (D205–01), U.S.
Pursuant to the Executive Order, EPA follow each of the principles and Environmental Protection Agency,
is initiating its review of the New policies set forth in the Executive Order, Research Triangle Park, NC 27711;
Source Rule and providing advanced consistent with EPA’s statutory telephone number: (888) 627–7764;
notice of forthcoming rulemaking authority. The Agency will reevaluate email address: airaction@epa.gov.
proceedings consistent with the whether this Rule and alternative SUPPLEMENTARY INFORMATION: The EPA
President’s policies. If EPA’s review approaches are appropriately grounded announces it is reviewing the 2016 Oil
concludes that suspension, revision or in EPA’s statutory authority and and Gas New Source Performance
rescission of the New Source Rule may consistent with the rule of law. EPA will Standards (Rule) 81 FR 35,824 (June 3,
be appropriate, EPA’s review will be assess whether this Rule or alternative 2016), and, if appropriate, will initiate
followed by a rulemaking process that approaches would appropriately proceedings to suspend, revise, or
will be transparent, follow proper promote cooperative federalism and rescind it.
administrative procedures, include respect the authority and powers that
appropriate engagement with the public, are reserved to the States. EPA will also I. Background
employ sound science, and be firmly examine whether this Rule or Section 111 of the Clean Air Act
nlaroche on DSK30NT082PROD with PROPOSALS
grounded in the law. alternative approaches effect the authorizes the EPA to issue nationally
EPA’s ability to revisit existing Administration’s dual goals of applicable New Source Performance
regulations is well-grounded in the law. protecting public health and welfare Standards (NSPS) limiting air pollution
Specifically, the agency has inherent while also supporting economic growth from ‘‘new sources’’ in source categories
authority to reconsider past decisions and job creation. EPA will review that cause or contribute to air pollution
and to rescind or revise a decision to the whether this Rule or alternative that may reasonably be anticipated to
extent permitted by law when approaches appropriately maintain the endanger public health or welfare. 42
supported by a reasoned explanation. diversity of reliable energy resources U.S.C. 7411(b)(1). Under this authority,
VerDate Sep<11>2014 15:42 Apr 03, 2017 Jkt 241001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\04APP1.SGM 04APP1](https://thefederalregister.org/doc/82_FR_16393/page/2.svg)
Document Created: 2017-04-03 23:53:39
Document Modified: 2017-04-03 23:53:39
| 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 | Proposed Rules | |
| Action | Announcement of review. | |
| Dates | April 4, 2017. | |
| Contact | Mr. Peter Tsirigotis, Sector Policies and Programs Division (D205-01), U.S. Environmental Protection Agency, Research Triangle Park, NC 27711; telephone number: (888) 627-7764; | |
| FR Citation | 82 FR 16330 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR