82 FR 4864 - Denial of Reconsideration and Administrative Stay of the Emission Guidelines for Greenhouse Gas Emissions and Compliance Times for Electric Utility Generating Units
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 10 (January 17, 2017)
Federal Register Volume 82, Issue 10 (January 17, 2017)
| Page Range | 4864-4866 | |
| FR Document | 2017-00941 |
[Federal Register Volume 82, Number 10 (Tuesday, January 17, 2017)] [Notices] [Pages 4864-4866] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-00941] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OAR-2013-0602; FRL-9958-45-OAR] Denial of Reconsideration and Administrative Stay of the Emission Guidelines for Greenhouse Gas Emissions and Compliance Times for Electric Utility Generating Units AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of final action denying petitions for reconsideration and petitions for administrative stay. ----------------------------------------------------------------------- SUMMARY: The U.S. Environmental Protection Agency (EPA) received 38 petitions for reconsideration of the final Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units, published in the Federal Register on October 23, 2015. The agency is providing notice that it denied the petitions for reconsideration except to the extent they raise topics concerning biomass and waste-to-energy, and it is deferring action on the petitions to the extent they raised those topics. The EPA also received 22 petitions for an administrative stay of this rule. The agency is providing notice that it denied these petitions. The basis for the EPA's actions is set out fully in letters sent to the petitioners and a separate memorandum available in the rulemaking docket. DATES: The EPA took final action to deny the petitions for reconsideration except to the extent they raised certain topics, and to deny petitions for an administrative stay, on January 11, 2017. FOR FURTHER INFORMATION CONTACT: Joseph Goffman, Office of Air and Radiation (6101A), U.S. EPA, 1200 Pennsylvania Avenue NW., Washington, DC 20460; telephone number (202)564-7400, facsimile number (202) 564- 1408; 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, [[Page 4865]] the petitions for an administrative stay, the letters taking action on those petitions, and the separate memorandum describing the full basis for those actions will be available in the rulemaking docket (Docket ID EPA-HQ-OAR-2013-0602). In addition, following signature, an electronic copy of these documents 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 actions denying the petitions for reconsideration or for an administrative stay are nationally applicable for purposes of CAA section 307(b)(1) because the action directly affects the Emission Guidelines for Greenhouse Gas Emissions and Compliance Times for Electric Utility Generating Units, which are nationally applicable CAA section 111 standards. Thus, any petitions for review of the EPA's decision to deny petitioners' requests for reconsideration or for an administrative stay must be filed in the United States Court of Appeals for the District of Columbia by March 20, 2017. III. Background and Summary of the Action On October 23, 2015, pursuant to section 111 of the CAA, the EPA published the final rule titled ``Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units.'' 80 FR 64661. Following promulgation of the final emission guidelines, the Administrator received petitions for reconsideration of certain provisions of the final rule pursuant to CAA section 307(d)(7)(B) and petitions for an administrative stay under the Administrative Procedure Act (APA), 5 U.S.C. 705 and CAA section 307(d)(7)(B). 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 38 petitions for reconsideration of the CAA section 111(d) greenhouse gas emission guidelines from the following entities: Alabama Department of Environmental Management (DEM); Ameren Corporation (Ameren); American Electric Power System (AEP); Arkansas Office of the Attorney General (Arkansas); Basin Electric Power Cooperative (Basin); Biogenic CO2 Coalition; Biomass Power Association (BPA), the Energy Recovery Council (ERC) and the Local Government Coalition for Renewable Energy (LGCRE); Commonwealth of Kentucky (Kentucky); Dairyland Power Cooperative, Madison Gas and Electric Company, We Energies, Wisconsin Power and Light Company, Wisconsin Public Service Corporation, and WPPI Energy (Wisconsin utilities); Denbury Onshore, LLC (Denbury); Energy and Environment Legal Institute; ERC; Entergy; Hoosier Energy Rural Electric Cooperative, Eastern Kentucky Power Cooperative, and Minnkota Power Cooperative; Intermountain Power Agency; Kansas Department of Health and Environment (DHE); LGCRE; Louisville Gas & Electric Company (LG&E) and Kentucky Utilities Company (KU); Mississippi Department of Environmental Quality (DEQ); Mississippi Public Service Commission (PSC); National Alliance of Forest Owners (NAFO); National Association of Home Builders; National Rural Electric Cooperative Association (NRECA); Newmont Nevada Energy Investment LLC and Newmont USA Limited (Newmont); NorthWestern Energy; Oglethorpe Power Corporation (Oglethorpe); Prairie State Generating Company, LLC (Prairie State); Southern Company; State of Montana Office of the Attorney General (Montana); State of Nebraska Office of the Attorney General and Nebraska Department of Environmental Quality (Nebraska); State of New Jersey Department of Environmental Protection (DEP); State of North Dakota Office of the Attorney General (North Dakota); State of Texas Office of the Attorney General, Texas Commission on Environmental Quality, Public Utility Commission of Texas, and the Railroad Commission of Texas (Texas); State of West Virginia Office of the Attorney General (West Virginia); State of Wisconsin, Wisconsin Department of Natural Resources, and Public Service Commission of Wisconsin (Wisconsin); State of Wyoming (Wyoming); Utility Air Regulatory Group (UARG); and Westar Energy Incorporated (Westar Energy). In letters to petitioners, the EPA denied 31 of the petitions for reconsideration in full, and denied Kentucky's and Oglethorpe's petition for reconsideration except to the extent they raised the topic of biomass, as not satisfying one or both of the statutory conditions for compelled reconsideration. The EPA is deferring action on the petitions to the extent they cover the topics of biomass and waste-to- energy.\1\ The EPA is deferring with respect to biomass pending our further on-going consideration of the underlying issue of whether and how to account for biomass when co-firing with fossil fuels. --------------------------------------------------------------------------- \1\ These topics were included in the petitions of the Biogenic CO2 Coalition, Biomass Power Association, Kentucky, ERC, LGCRE, Oglethorpe, and NAFO. --------------------------------------------------------------------------- We discuss each of the topics in the petitions we denied and the basis for those denials in a separate, docketed memorandum titled ``Basis for Denial of Petitions to Reconsider and Petitions to Stay the CAA Section 111(d) Emission Guidelines for Greenhouse Gas Emissions and Compliance Times for Electric Utility Generating Units.'' For reasons set out in the memorandum, the EPA denied the petitions for reconsideration for the following petitioners: Alabama DEM; Ameren; AEP; Arkansas; Basin; Kentucky \2\; Wisconsin utilities; Denbury; Energy and Environment Legal Institute; Entergy; Hoosier Energy Rural Electric Cooperative, Eastern Kentucky Power Cooperative, and Minnkota Power Cooperative; Intermountain Power Agency; Kansas DHE; LG&E and KU; Mississippi DEQ; Mississippi PSC; National Association of Home Builders; NRECA; Newmont; NorthWestern Energy; Oglethorpe; Prairie State; Southern Company; Montana; Nebraska; [[Page 4866]] New Jersey DEP; North Dakota; Texas; West Virginia; Wisconsin; Wyoming; UARG; and Westar Energy. --------------------------------------------------------------------------- \2\ As noted, the EPA is deferring action on Kentucky's and Oglethorpe's petitions to the extent they raise the topic of biomass. --------------------------------------------------------------------------- APA section 705 provides, ``When an agency finds that justice so requires, it may postpone the effective date of action taken by it, pending judicial review.'' 5 U.S.C. 705. Under CAA section 307(d)(7)(B), the EPA may stay the effectiveness of a rule while it is being reconsidered ``for a period not to exceed three months.'' The EPA received 22 petitions for an administrative stay under APA section 705 and CAA section 307(d)(7)(B). The EPA received petitions from West Virginia and a group of 15 other states; Ameren; Basin; Business Associations; Denbury; Kansas DHE; Mississippi DEQ; Mississippi PSC; Montana; NAFO; National Mining Association; Nebraska; New Jersey DEP; North Dakota; NorthWestern Energy; Peabody Energy Corporation; Prairie State; Texas; UARG; and Westar Energy. The EPA responded to several of these petitions by letters stating that we were not taking action on them in light of the stay imposed on the rule by the U.S. Supreme Court on February 7, 2016. Subsequently, the EPA sent letters to all the petitioners denying each of these petitions for the reasons explained in the memorandum referred to above, ``Basis for Denial of Petitions to Reconsider and Petitions to Stay the CAA Section 111(d) Emission Guidelines for Greenhouse Gas Emissions and Compliance Times for Electric Utility Generating Units.'' Dated: January 11, 2017. Gina McCarthy, Administrator. [FR Doc. 2017-00941 Filed 1-13-17; 8:45 am] BILLING CODE 6560-50-P
![4864 Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 / Notices
Dated: January 10, 2017. DEPARTMENT OF ENERGY Issued in Washington, DC, on January 11,
A.M. Nichols, 2017.
Lieutenant Commander, Judge Advocate Nuclear Energy Advisory Committee LaTanya R. Butler,
General’s Corps, U.S. Navy, Federal Register Deputy Committee Management Officer.
AGENCY: Office of Nuclear Energy,
Liaison Officer. Department of Energy. [FR Doc. 2017–00865 Filed 1–13–17; 8:45 am]
[FR Doc. 2017–00812 Filed 1–13–17; 8:45 am] ACTION: Notice of open meeting. BILLING CODE 6450–01–P
BILLING CODE 3810–FF–P
SUMMARY: This notice announces a
meeting of the Nuclear Energy Advisory ENVIRONMENTAL PROTECTION
DEPARTMENT OF DEFENSE Committee (NEAC). Federal Advisory AGENCY
Committee Act (Pub. L. 94–463, 86 Stat.
[EPA–HQ–OAR–2013–0602; FRL–9958–45–
Department of the Navy 770) requires that public notice of these
OAR]
meetings be announced in the Federal
Notice of Availability of Government- Register. Denial of Reconsideration and
Owned Inventions; Available for DATE: Thursday, February 16, 2017. Administrative Stay of the Emission
Licensing TIME: 4:00 p.m.–5:00 p.m. (EST). Guidelines for Greenhouse Gas
ADDRESSES: The public teleconference Emissions and Compliance Times for
AGENCY: Department of the Navy, DoD. Electric Utility Generating Units
will be held by teleconference only. The
ACTION: Notice. teleconference number is: (267) 930–
AGENCY: Environmental Protection
4000; participation code: 580–520–181.
Agency (EPA).
SUMMARY: The inventions listed below FOR FURTHER INFORMATION CONTACT: Bob
ACTION: Notice of final action denying
are assigned to the United States Rova, Designated Federal Officer, U.S.
petitions for reconsideration and
Government, as represented by the Department of Energy, 19901
petitions for administrative stay.
Secretary of the Navy and are available Germantown Rd, Germantown, MD
for domestic and foreign licensing by 20874; telephone (301) 903–9096; email SUMMARY: The U.S. Environmental
the Department of the Navy. robert.rova@nuclear.energy.gov. Protection Agency (EPA) received 38
The following patents are available for SUPPLEMENTARY INFORMATION: petitions for reconsideration of the final
licensing: Patent No. 9,536,620 (Navy Background: The Nuclear Energy Carbon Pollution Emission Guidelines
Case No. 200321): METHOD AND Advisory Committee (NEAC), formerly for Existing Stationary Sources: Electric
SYSTEM FOR IMPROVING THE the Nuclear Energy Research Advisory Utility Generating Units, published in
RADIATION TOLERANCE OF Committee (NERAC), was established in the Federal Register on October 23,
FLOATING GATE MEMORIES// and 1998 by the U.S. Department of Energy 2015. The agency is providing notice
Patent No. 9,535,562 (Navy Case No. (DOE) to provide advice on complex that it denied the petitions for
101979): COGNITIVE LOAD scientific, technical, and policy issues reconsideration except to the extent
REDUCTION AND FIELD OF VIEW that arise in the planning, managing, they raise topics concerning biomass
ENHANCING STANDARDIZED and implementation of DOE’s civilian and waste-to-energy, and it is deferring
GRAPHICAL USER INTERFACE (GUI) nuclear energy research programs. The action on the petitions to the extent they
OVERLAY GENERATING SYSTEM OR committee is composed of 19 raised those topics. The EPA also
SYSTEMS THAT INCLUDE ELEMENTS individuals of diverse backgrounds received 22 petitions for an
THAT CORRELATE VARIOUS DEVICE, selected for their technical expertise and administrative stay of this rule. The
EVENT, OR OPERATION INPUTS experience, established records of agency is providing notice that it denied
WITH COMMON GUI OVERLAY distinguished professional service, and these petitions. The basis for the EPA’s
GENERATION MODULES AND GROUP their knowledge of issues that pertain to actions is set out fully in letters sent to
RELATED GUI ELEMENTS ACROSS nuclear energy. the petitioners and a separate
Purpose of the Meeting: Discussion memorandum available in the
OVERLAYS ALONG WITH
and approval of the NEAC report rulemaking docket.
ASSOCIATED METHODS.
‘‘Assessment of Missions and DATES: The EPA took final action to
ADDRESSES: Requests for copies of the Requirements for a New U.S. Test deny the petitions for reconsideration
patents cited should be directed to Reactor’’. except to the extent they raised certain
Naval Surface Warfare Center, Crane Tentative Agenda: Discussion and topics, and to deny petitions for an
Div, Code OOL, Bldg 2, 300 Highway approval of report. administrative stay, on January 11,
361, Crane, IN 47522–5001. Public Participation: Individuals and
2017.
representatives of organizations are
FOR FURTHER INFORMATION CONTACT: Mr. invited to listen to the meeting on FOR FURTHER INFORMATION CONTACT:
Christopher Monsey, Naval Surface February, 16, 2017. The draft report is Joseph Goffman, Office of Air and
Warfare Center, Crane Div, Code OOL, posted on NEAC’s Web site: https:// Radiation (6101A), U.S. EPA, 1200
Bldg 2, 300 Highway 361, Crane, IN energy.gov/ne/services/nuclear-energy- Pennsylvania Avenue NW., Washington,
47522–5001, Email advisory-committee. Comments on the DC 20460; telephone number (202)564–
Christopher.Monsey@navy.mil. report can be sent to: NEAC@ 7400, facsimile number (202) 564–1408;
Authority: 35 U.S.C. 207, 37 CFR part 404. nuclear.energy.gov. Comments are due email address: CarbonPollutionInput@
epa.gov.
sradovich on DSK3GMQ082PROD with NOTICES
by Tuesday, January 31, 2017.
Dated: January 10, 2017.
Minutes: The minutes of the meeting SUPPLEMENTARY INFORMATION:
A.M. Nichols, will be available by contacting Mr. Rova
Lieutenant Commander, Judge Advocate at the address above or on the I. Where can I get a copy of this
General’s Corps, U.S. Navy, Federal Register Department of Energy, Office of Nuclear document and other related
Liaison Officer. Energy Web site at http://energy.gov/ne/ information?
[FR Doc. 2017–00813 Filed 1–13–17; 8:45 am] services/nuclear-energy-advisory- A copy of this Federal Register
BILLING CODE 3810–FF–P committee. notice, the petitions for reconsideration,
VerDate Sep<11>2014 18:21 Jan 13, 2017 Jkt 241001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\17JAN1.SGM 17JAN1](https://thefederalregister.org/doc/82_FR_4874/page/1.svg)
![Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 / Notices 4865
the petitions for an administrative stay, period] or if the grounds for such and Nebraska Department of
the letters taking action on those objection arose after the period for Environmental Quality (Nebraska); State
petitions, and the separate public comment (but within the time of New Jersey Department of
memorandum describing the full basis specified for judicial review) and if such Environmental Protection (DEP); State
for those actions will be available in the objection is of central relevance to the of North Dakota Office of the Attorney
rulemaking docket (Docket ID EPA–HQ– outcome of the rule.’’ The requirement General (North Dakota); State of Texas
OAR–2013–0602). In addition, to convene a proceeding to reconsider a Office of the Attorney General, Texas
following signature, an electronic copy rule is thus based on the petitioner Commission on Environmental Quality,
of these documents will be available on demonstrating to the EPA both: (1) That Public Utility Commission of Texas, and
the World Wide Web (WWW) at the it was impracticable to raise the the Railroad Commission of Texas
following address: https://www.epa.gov/ objection during the comment period, or (Texas); State of West Virginia Office of
cleanpowerplan. that the grounds for such objection arose the Attorney General (West Virginia);
after the comment period, but within State of Wisconsin, Wisconsin
II. Judicial Review
the time specified for judicial review Department of Natural Resources, and
Section 307(b)(1) of the Clean Air Act (i.e., within 60 days after publication of Public Service Commission of
(CAA) specifies which Federal Courts of the final rulemaking notice in the Wisconsin (Wisconsin); State of
Appeal have venue over petitions for Federal Register, see CAA section Wyoming (Wyoming); Utility Air
review of final EPA actions. This section 307(b)(1)); and (2) that the objection is Regulatory Group (UARG); and Westar
provides, in part, that ‘‘a petition for of central relevance to the outcome of Energy Incorporated (Westar Energy).
review of action of the Administrator in the rule. In letters to petitioners, the EPA
promulgating . . . any standard of denied 31 of the petitions for
performance or requirement under The EPA received 38 petitions for
reconsideration in full, and denied
section [111] of [the CAA],’’ or any other reconsideration of the CAA section
Kentucky’s and Oglethorpe’s petition for
‘‘nationally applicable’’ final action, 111(d) greenhouse gas emission
reconsideration except to the extent
‘‘may be filed only in the United States guidelines from the following entities:
they raised the topic of biomass, as not
Court of Appeals for the District of Alabama Department of Environmental
satisfying one or both of the statutory
Columbia.’’ Management (DEM); Ameren
conditions for compelled
The EPA has determined that its Corporation (Ameren); American
reconsideration. The EPA is deferring
actions denying the petitions for Electric Power System (AEP); Arkansas
action on the petitions to the extent they
reconsideration or for an administrative Office of the Attorney General cover the topics of biomass and waste-
stay are nationally applicable for (Arkansas); Basin Electric Power to-energy.1 The EPA is deferring with
purposes of CAA section 307(b)(1) Cooperative (Basin); Biogenic CO2 respect to biomass pending our further
because the action directly affects the Coalition; Biomass Power Association on-going consideration of the
Emission Guidelines for Greenhouse (BPA), the Energy Recovery Council underlying issue of whether and how to
Gas Emissions and Compliance Times (ERC) and the Local Government account for biomass when co-firing with
for Electric Utility Generating Units, Coalition for Renewable Energy fossil fuels.
which are nationally applicable CAA (LGCRE); Commonwealth of Kentucky We discuss each of the topics in the
section 111 standards. Thus, any (Kentucky); Dairyland Power petitions we denied and the basis for
petitions for review of the EPA’s Cooperative, Madison Gas and Electric those denials in a separate, docketed
decision to deny petitioners’ requests Company, We Energies, Wisconsin memorandum titled ‘‘Basis for Denial of
for reconsideration or for an Power and Light Company, Wisconsin Petitions to Reconsider and Petitions to
administrative stay must be filed in the Public Service Corporation, and WPPI Stay the CAA Section 111(d) Emission
United States Court of Appeals for the Energy (Wisconsin utilities); Denbury Guidelines for Greenhouse Gas
District of Columbia by March 20, 2017. Onshore, LLC (Denbury); Energy and Emissions and Compliance Times for
Environment Legal Institute; ERC; Electric Utility Generating Units.’’ For
III. Background and Summary of the Entergy; Hoosier Energy Rural Electric reasons set out in the memorandum, the
Action Cooperative, Eastern Kentucky Power EPA denied the petitions for
On October 23, 2015, pursuant to Cooperative, and Minnkota Power reconsideration for the following
section 111 of the CAA, the EPA Cooperative; Intermountain Power petitioners: Alabama DEM; Ameren;
published the final rule titled ‘‘Carbon Agency; Kansas Department of Health AEP; Arkansas; Basin; Kentucky 2;
Pollution Emission Guidelines for and Environment (DHE); LGCRE; Wisconsin utilities; Denbury; Energy
Existing Stationary Sources: Electric Louisville Gas & Electric Company and Environment Legal Institute;
Utility Generating Units.’’ 80 FR 64661. (LG&E) and Kentucky Utilities Company Entergy; Hoosier Energy Rural Electric
Following promulgation of the final (KU); Mississippi Department of Cooperative, Eastern Kentucky Power
emission guidelines, the Administrator Environmental Quality (DEQ); Cooperative, and Minnkota Power
received petitions for reconsideration of Mississippi Public Service Commission Cooperative; Intermountain Power
certain provisions of the final rule (PSC); National Alliance of Forest Agency; Kansas DHE; LG&E and KU;
pursuant to CAA section 307(d)(7)(B) Owners (NAFO); National Association Mississippi DEQ; Mississippi PSC;
and petitions for an administrative stay of Home Builders; National Rural National Association of Home Builders;
under the Administrative Procedure Act Electric Cooperative Association NRECA; Newmont; NorthWestern
(APA), 5 U.S.C. 705 and CAA section (NRECA); Newmont Nevada Energy Energy; Oglethorpe; Prairie State;
Investment LLC and Newmont USA
sradovich on DSK3GMQ082PROD with NOTICES
307(d)(7)(B). Southern Company; Montana; Nebraska;
CAA section 307(d)(7)(B) requires the Limited (Newmont); NorthWestern
EPA to convene a proceeding for Energy; Oglethorpe Power Corporation 1 These topics were included in the petitions of
reconsideration of a rule if a party (Oglethorpe); Prairie State Generating the Biogenic CO2 Coalition, Biomass Power
raising an objection to the rule ‘‘can Company, LLC (Prairie State); Southern Association, Kentucky, ERC, LGCRE, Oglethorpe,
and NAFO.
demonstrate to the Administrator that it Company; State of Montana Office of the 2 As noted, the EPA is deferring action on
was impracticable to raise such Attorney General (Montana); State of Kentucky’s and Oglethorpe’s petitions to the extent
objection within [the public comment Nebraska Office of the Attorney General they raise the topic of biomass.
VerDate Sep<11>2014 18:21 Jan 13, 2017 Jkt 241001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\17JAN1.SGM 17JAN1](https://thefederalregister.org/doc/82_FR_4874/page/2.svg)
![4866 Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 / Notices
New Jersey DEP; North Dakota; Texas; Court for the Northern District of SUPPLEMENTARY INFORMATION:
West Virginia; Wisconsin; Wyoming; California: Center for Biological
I. Additional Information About the
UARG; and Westar Energy. Diversity, et al. v. McCarthy, No. 3:16–
Proposed Consent Decree
APA section 705 provides, ‘‘When an cv–03796–VC (N.D. Cal.). On July 7,
agency finds that justice so requires, it 2016, Plaintiffs filed a complaint in this Under section 109(d) of the CAA, EPA
may postpone the effective date of lawsuit alleging that Gina McCarthy, in is required to periodically review air
action taken by it, pending judicial her official capacity as Administrator of quality criteria and NAAQS and to make
review.’’ 5 U.S.C. 705. Under CAA the United States Environmental such revisions as may be appropriate.
section 307(d)(7)(B), the EPA may stay Protection Agency (‘‘EPA’’), failed to The proposed consent decree addresses
the effectiveness of a rule while it is perform nondiscretionary duties under a lawsuit filed by Plaintiffs alleging that
being reconsidered ‘‘for a period not to the CAA to complete periodic reviews EPA failed to timely complete certain
exceed three months.’’ of the air quality criteria and the periodic reviews for NOX and SOX by
The EPA received 22 petitions for an primary National Ambient Air Quality the deadline set forth in the CAA. The
administrative stay under APA section Standards (‘‘NAAQS’’) for sulfur oxides proposed consent decree would
705 and CAA section 307(d)(7)(B). (‘‘SOX’’) and the primary NAAQS for establish deadlines for EPA to take
The EPA received petitions from West oxides of nitrogen (‘‘NOX’’), to make certain, specified actions in the periodic
Virginia and a group of 15 other states; such revisions to those air quality reviews, and if appropriate, revisions of
Ameren; Basin; Business Associations; criteria and NAAQS as may be the air quality criteria addressing
Denbury; Kansas DHE; Mississippi DEQ; appropriate, and to promulgate such human health effects of SOX, and the
Mississippi PSC; Montana; NAFO; new NAAQS as may be appropriate. The primary NAAQS for NOX and SOX.
National Mining Association; Nebraska; proposed consent decree would Under the terms of the proposed
New Jersey DEP; North Dakota; establish deadlines for EPA to take consent decree, EPA would: (1) Sign a
NorthWestern Energy; Peabody Energy certain, specified actions. notice setting forth its proposed
Corporation; Prairie State; Texas; UARG; DATES: Written comments on the decision concerning its review of the
and Westar Energy. proposed consent decree must be primary NAAQS for NOX no later than
The EPA responded to several of these received by February 16, 2017. July 14, 2017; (2) sign a notice setting
petitions by letters stating that we were ADDRESSES: Submit your comments, forth its final decision concerning its
not taking action on them in light of the identified by Docket ID number EPA– review of the primary NAAQS for NOX
stay imposed on the rule by the U.S. HQ–OGC–2016–0719, online at no later than April 6, 2018; (3) issue a
Supreme Court on February 7, 2016. www.regulations.gov. Once submitted, final Integrated Science Assessment (a
Subsequently, the EPA sent letters to all comments cannot be edited or removed document containing air quality criteria)
the petitioners denying each of these from Regulations.gov. The EPA may addressing human health effects of SOX
petitions for the reasons explained in publish any comment received to its no later than December 14, 2017; (4)
the memorandum referred to above, public docket. Do not submit sign a notice setting forth its proposed
‘‘Basis for Denial of Petitions to electronically any information you decision concerning its review of the
Reconsider and Petitions to Stay the consider to be Confidential Business primary NAAQS for SOX no later than
CAA Section 111(d) Emission Information (CBI) or other information May 25, 2018; and (5) sign a notice
Guidelines for Greenhouse Gas whose disclosure is restricted by statute. setting forth its final decision
Emissions and Compliance Times for Multimedia submissions (audio, video, concerning its review of the primary
Electric Utility Generating Units.’’ etc.) must be accompanied by a written NAAQS for SOX no later than January
Dated: January 11, 2017. comment. The written comment is 28, 2019. See the proposed consent
considered the official comment and decree for additional details.
Gina McCarthy,
should include discussion of all points For a period of thirty (30) days
Administrator. following the date of publication of this
you wish to make. The EPA will
[FR Doc. 2017–00941 Filed 1–13–17; 8:45 am] notice, the Agency will accept written
generally not consider comments or
BILLING CODE 6560–50–P
comment contents located outside of the comments relating to the proposed
primary submission (i.e. on the web, consent decree from persons who were
cloud, or other file sharing system). If not named as parties or intervenors to
ENVIRONMENTAL PROTECTION the litigation in question. EPA or the
you would like to submit a comment
AGENCY Department of Justice may withdraw or
using a different submission method,
[EPA–HQ–OGC–2016–0719; FRL–9958–39– please contact the person listed in the withhold consent to the proposed
OGC] FOR FURTHER INFORMATION CONTACT consent decree if the comments disclose
section. For the full EPA public facts or considerations that indicate that
Proposed Consent Decree, Clean Air comment policy, information about CBI such consent is inappropriate,
Act Citizen Suit or multimedia submissions, and general improper, inadequate, or inconsistent
AGENCY: Environmental Protection guidance on making effective with the requirements of the Act. Unless
Agency (EPA). comments, please visit http:// EPA or the Department of Justice
www2.epa.gov/dockets/commenting- determines that consent to this consent
ACTION: Notice of proposed consent decree should be withdrawn, the terms
decree; request for public comment. epa-dockets.
FOR FURTHER INFORMATION CONTACT: of the decree will be affirmed.
SUMMARY: In accordance with section Melina Williams, Air and Radiation Law
sradovich on DSK3GMQ082PROD with NOTICES
II. Additional Information About
113(g) of the Clean Air Act, as amended Office (2344A), Office of General Commenting on the Proposed Consent
(‘‘CAA’’ or the ‘‘Act’’), notice is hereby Counsel, U.S. Environmental Protection Decree
given of a proposed consent decree to Agency, 1200 Pennsylvania Ave. NW.,
address a lawsuit filed by the Center for Washington, DC 20460; telephone: (202) A. How can I get a copy of the proposed
Biological Diversity and the Center for 564–3406; fax number: (202) 564–5603; consent decree?
Environmental Health (collectively email address: williams.melina@ The official public docket for this
‘‘Plaintiffs’’) in the United States District epa.gov. action (identified by Docket ID No.
VerDate Sep<11>2014 18:21 Jan 13, 2017 Jkt 241001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\17JAN1.SGM 17JAN1](https://thefederalregister.org/doc/82_FR_4874/page/3.svg)
Document Created: 2017-01-14 01:44:36
Document Modified: 2017-01-14 01:44:36
| 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 and petitions for administrative stay. | |
| Dates | The EPA took final action to deny the petitions for reconsideration except to the extent they raised certain topics, and to deny petitions for an administrative stay, on January 11, 2017. | |
| Contact | Joseph Goffman, Office of Air and Radiation (6101A), U.S. EPA, 1200 Pennsylvania Avenue NW., Washington, DC 20460; telephone number (202)564-7400, facsimile number (202) 564- | |
| FR Citation | 82 FR 4864 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR