Review of the Standards of Performance for Greenhouse Gas Emissions From New, Modified, and Reconstructed Stationary Sources: Electric Generating Units, 16330-16331 [2017-06519]
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16330
Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Proposed Rules
directs EPA to review and, if
appropriate, initiate reconsideration
proceedings to suspend, revise or
rescind this Rule, including the
accompanying Legal Memorandum.
Pursuant to the Executive Order, EPA
is initiating its review of the CPP,
including the accompanying legal
memorandum, 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 this 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.
As part of the review of the CPP that
EPA is initiating today, EPA will be
reviewing the compliance dates that
were set in the CPP. Under the Supreme
Court’s stay of the CPP, states and other
interested parties have not been
required nor expected to work towards
meeting the compliance dates set in the
CPP. Indeed, some compliance dates
have passed or will likely pass while the
CPP continues to be stayed. For these
reasons, the compliance dates in the
CPP will need to be re-evaluated. Once
EPA completes its review and decides
what further action to take on the CPP,
EPA will ensure that any and all
remaining compliance dates will be
reasonable and appropriate in light of
the Supreme Court stay of the CPP and
other factors.
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,
VerDate Sep<11>2014
15:42 Apr 03, 2017
Jkt 241001
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,
as 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 and
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. 2017–06522 Filed 4–3–17; 8:45 am]
BILLING CODE 6560–50–P
PO 00000
Frm 00024
Fmt 4702
Sfmt 4702
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
Environmental Protection
Agency (EPA).
ACTION: Announcement of review.
AGENCY:
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.
SUMMARY:
DATES:
April 4, 2017.
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 fuelfired power plants.
FOR FURTHER INFORMATION CONTACT:
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 fuelfired 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
E:\FR\FM\04APP1.SGM
04APP1
Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Proposed Rules
nlaroche on DSK30NT082PROD with PROPOSALS
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.
VerDate Sep<11>2014
15:42 Apr 03, 2017
Jkt 241001
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
PO 00000
Frm 00025
Fmt 4702
Sfmt 4702
16331
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
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 60
[FRL–9961–09–OAR]
Review of the 2016 Oil and Gas New
Source Performance Standards for
New, Reconstructed, and Modified
Sources
Environmental Protection
Agency (EPA).
ACTION: Announcement of review.
AGENCY:
The U.S. Environmental
Protection Agency (EPA) announces it is
reviewing the 2016 Oil and Gas New
Source Performance Standards and, if
appropriate, will initiate
reconsideration proceedings to suspend,
revise or rescind this rule.
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: The EPA
announces it is reviewing the 2016 Oil
and Gas New Source Performance
Standards (Rule) 81 FR 35,824 (June 3,
2016), and, if appropriate, will initiate
proceedings to suspend, revise, or
rescind it.
SUMMARY:
I. Background
Section 111 of the Clean Air Act
authorizes the 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. 7411(b)(1). Under this authority,
E:\FR\FM\04APP1.SGM
04APP1
Agencies
[Federal Register Volume 82, Number 63 (Tuesday, April 4, 2017)]
[Proposed Rules]
[Pages 16330-16331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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