Reconsideration of Standards of Performance for Greenhouse Gas Emissions From New, Modified, and Reconstructed Stationary Sources: Electric Utility Generating Units, 27442-27443 [2016-10754]

Download as PDF asabaliauskas on DSK3SPTVN1PROD with NOTICES 27442 Federal Register / Vol. 81, No. 88 / Friday, May 6, 2016 / Notices was to complete sales and distribution by March 2016, EPA anticipates that the registrant will not need an existing stocks provision. Persons other than the registrant will generally be allowed to sell, distribute, or use existing stocks until such stocks are exhausted, provided that such sale, distribution, or use is consistent with the terms of the previously approved labeling on, or that accompanied, the cancelled product. 4. For product 67690–40, the registrant requested an existing stocks provision to sell and distribute product until December 31, 2016, and as of that date will no longer have any current stock. Therefore, EPA anticipates allowing the registrant to sell and distribute existing stocks of the product through December 31, 2016. Thereafter, the registrant will be prohibited from selling and distributing the product, except for export consistent with FIFRA section 17 (7 U.S.C. 136o) or for proper disposal. Persons other than the registrant will generally be allowed to sell, distribute, or use existing stocks until such stocks are exhausted, provided that such sale, distribution, or use is consistent with the terms of the previously approved labeling on, or that accompanied, the cancelled product. 5. For the product 89459–27, once EPA has approved the product label reflecting the requested amendments to delete specific uses, the registrant will be permitted to sell or distribute the product under the previously approved labeling for a period of 18 months after the date of Federal Register publication of the cancellation order, unless other restrictions have been imposed. Thereafter, the registrant will be prohibited from selling or distributing the product whose label includes the deleted uses identified in Table 2 of Unit II., except for export consistent with FIFRA section 17 or for proper disposal. Persons other than the registrant will generally be allowed to sell, distribute, or use existing stocks of the amended product whose label includes the deleted uses until supplies are exhausted, provided that such sale, distribution, or use is consistent with the terms of the previously approved labeling on, or that accompanied, the amended product. 6. For all other products identified in Table 1 of Unit II, EPA anticipates allowing the registrants to sell and distribute existing stocks of voluntarily cancelled products for 1 year after the effective date of the cancellation, which will be the date of publication of the cancellation order in the Federal Register. Thereafter, registrants will be prohibited from selling or distributing the products identified in Table 1 of VerDate Sep<11>2014 17:20 May 05, 2016 Jkt 238001 Unit II., except for export consistent with FIFRA section 17 (7 U.S.C. 136o) or for proper disposal. Persons other than the registrant will generally be allowed to sell, distribute, or use existing stocks of cancelled products until supplies are exhausted, provided that such sale, distribution, or use is consistent with the terms of the previously approved labeling on, or that accompanied, the cancelled products. Authority: 7 U.S.C. 136 et seq. Dated: April 28, 2016. Yu-Ting Guilaran, Director, Pesticide Re-Evaluation Division, Office of Pesticide Programs. [FR Doc. 2016–10737 Filed 5–5–16; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [ER–FRL–9026–8] Environmental Impact Statements; Notice of Availability Responsible Agency: Office of Federal Activities, General Information (202) 564–7146 or http://www2.epa.gov/nepa. Weekly receipt of Environmental Impact Statements (EISs) Filed 04/25/2016 Through 04/29/2016. Pursuant to 40 CFR 1506.9. Notice Section 309(a) of the Clean Air Act requires that EPA make public its comments on EISs issued by other Federal agencies. EPA’s comment letters on EISs are available at: https:// cdxnodengn.epa.gov/cdx-nepa-public/ action/eis/search. EIS No. 20160091, Final, FERC, ID, Bear River Narrows Hydroelectric Project, Review Period Ends: 06/06/2016, Contact: Kenneth Hogan 202–502– 8434. EIS No. 20160092, Draft, USFS, WA, Forestwide Site Specific Invasive Plant Management, Comment Period Ends: 06/20/2016, Contact: Brigitte Ranne 509–682–4941. EIS No. 20160093, Final, USFS, OR, Gap Landscape Restoration Project, Review Period Ends: 06/06/2016, Contact: Marcelle Anderson 541–416– 6463. EIS No. 20160094, Draft, USFWS, PRO, Programmatic—Eagle Rule Revision, Comment Period Ends: 07/05/2016, Contact: Eliza Savage 703–358–2329. EIS No. 20160095, Draft, DOC, PRO, Programmatic—East Region of the Nationwide Public Safety Broadband Network, Comment Period Ends: 07/ 06/2016, Contact: Amanda Pereira 571–665–6141. PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 EIS No. 20160096, Draft, USFWS, CA, Lower Klamath, Clear Lake, Tule Lake, Upper Klamath, and Bear Valley National Wildlife Refuges Draft Comprehensive Conservation Plan, Comment Period Ends: 06/20/2016, Contact: Mark Pelz 916–414–6464. EIS No. 20160097, Draft, USFS, CO, Rico-West Dolores Roads and Trails Travel Management Project, Comment Period Ends: 06/20/2016, Contact: Deborah Kill 970–882–6822. Amended Notices EIS No. 20150336, Draft, USACE, AK, Donlin Gold Project, Comment Period Ends: 05/31/2016, Contact: Keith Gordon 907–753–5710. Revision to FR Notice Published 11/27/2015; Extending Comment Period from 04/ 30/2016 to 05/31/2016. Dated: May 3, 2016. Karin Leff, Acting Director, NEPA Compliance Division, Office of Federal Activities. [FR Doc. 2016–10719 Filed 5–5–16; 8:45 am] BILLING CODE 6560–50–P 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 Environmental Protection Agency (EPA). ACTION: Notice of final action denying petitions for reconsideration. AGENCY: 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 SUMMARY: E:\FR\FM\06MYN1.SGM 06MYN1 Federal Register / Vol. 81, No. 88 / Friday, May 6, 2016 / Notices Park, NC 27711; telephone number: (919) 541–2968; facsimile number: (919) 541–5450; email address: hutson.nick@ epa.gov 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: fellner.christian@ epa.gov. SUPPLEMENTARY INFORMATION: asabaliauskas on DSK3SPTVN1PROD with NOTICES 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 VerDate Sep<11>2014 17:20 May 05, 2016 Jkt 238001 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). 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 ongoing consideration of the underlying issue of whether and how to account for biomass when co-firing with fossil fuels.2 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 1 The rule is also often referred to as the ‘‘Carbon Pollution Standards.’’ 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. PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 27443 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 Dated: April 29, 2016. Gina McCarthy, Administrator. [FR Doc. 2016–10754 Filed 5–5–16; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9946–10–OARM; EPA–HQ–OARM– 2016–0214] Public Availability of Environmental Protection Agency FY 2015 Service Contract Inventory Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: In accordance with Section 743 of Division C of the Consolidated Appropriations Act of 2010 (Public Law 111–117), the Environmental Protection Agency (EPA) is publishing this notice to advise the public of the availability of the FY 2015 Service Contract Inventory. This inventory provides information on service contract actions over $25,000 that were made in FY 2015. The information is organized by function to show how contracted resources are distributed throughout the Agency. The inventory has been developed in accordance with guidance issued by the Office of Management and Budget’s Office of Federal Procurement Policy (OFPP), Service Contract Inventories (December 19, 2011). The Environmental Protection Agency has posted its inventory and a summary of the inventory on the EPA’s homepage at the following link: http://www.epa.gov/ oam/inventory/inventory.htm FOR FURTHER INFORMATION CONTACT: Questions regarding the service contract inventory should be directed to Linear Cherry in the Office of Acquisition Management, Policy, Training, and Oversight Division (3802R), Financial Analysis and Oversight Service Center, Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460; telephone number: (202) SUMMARY: 3 The Administrator is also sending an individual letter to each of the petitioners announcing her decision on their petition. E:\FR\FM\06MYN1.SGM 06MYN1

Agencies

[Federal Register Volume 81, Number 88 (Friday, May 6, 2016)]
[Notices]
[Pages 27442-27443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: hutson.nick@epa.gov 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: fellner.christian@epa.gov.

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).
---------------------------------------------------------------------------

    \1\ The rule is also often referred to as the ``Carbon Pollution 
Standards.''
---------------------------------------------------------------------------

    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