Review of the Clean Power Plan, 16329-16330 [2017-06522]
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Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Proposed Rules
the storage, preparation, and launching
of fireworks. COTP Key West or a
designated representative may reduce
the 500-yard zone based on prevailing
conditions and enforcement needs.
(1) The Coast Guard realizes that some
large scale events, such as those with
many participants or spectators, or those
that could severely restrict navigation
pose a significant hazard, may still
require separate special local
regulations or safety zones that address
the specific peculiarities of the event. In
those situations, the Coast Guard will
create special local regulations or safety
zones specifically for the event, and
those regulations will supersede the
proposed regulations in this rule.
(2) All firework platforms, structures,
or barges will display a sign on both the
port and starboard sides labeled,
‘‘FIREWORKS—STAY AWAY’’. This
sign will consist of 10-inch high by 1.5inch wide red lettering on a white
background. Shore fireworks sites that
affect navigable waterways will also
display signs with the aforementioned
specifications.
(b) Definition. Designated
representative means Coast Guard Patrol
Commanders, including Coast Guard
coxswains, petty officers, and other
officers operating Coast Guard vessels,
and Federal, state, and local officers
designated by or assisting the COTP Key
West in the enforcement of the regulated
area.
(c) Regulations.
(1) In accordance with § 165.23,
entering, transiting through, anchoring
in, or remaining within the safety zone
during periods of enforcement is
prohibited unless authorized by the
COTP Key West or a designated
representative.
(2) During periods of enforcement,
upon being hailed by a Coast Guard
vessel by siren, radio, flashing light or
other means, the operator must proceed
as directed.
(3) Vessel operators desiring to enter,
transit through, anchor in, or remain or
operate within the regulated area during
the enforcement period shall contact the
COTP Key West or the designated onscene representative via VHF channel
16 or call the Sector Key West
Command Center at (305) 292–8727 to
obtain permission.
(d) Notice of enforcement or
suspension of enforcement. The safety
zone established by this section will be
enforced only upon notice of the
Captain of the Port. The Captain of the
Port will cause notice of enforcement of
the safety zone established by this
section to be made by all appropriate
means to the affected segments of the
public including publication in the
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Federal Register as practicable, in
accordance with 33 CFR 165.7(a). Such
means of notification may also include,
but are not limited to Broadcast Notice
to Mariners or Local Notice to Mariners.
Dated: March 28, 2017.
J.A. Janszen,
Captain, U.S. Coast Guard, Captain of the
Port Key West.
[FR Doc. 2017–06595 Filed 4–3–17; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 60
[FRL–9961–11–OAR]
Review of the Clean Power Plan
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 Clean Power Plan.
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 Clean Power Plan, 80 FR 64662
(October 23, 2015) (CPP), including the
accompanying Legal Memorandum,
and, if appropriate, will as soon as
practicable and consistent with law,
initiate proceedings to suspend, revise
or rescind this rule. The CPP established
emission guidelines for state plans to
limit carbon dioxide emissions from
existing fossil fuel-fired power plants.
SUMMARY:
I. Background
The CPP was promulgated under
Section 111 of the Clean Air Act. 42
U.S.C. 7411. 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.
Section 7411(b)(1). Under this authority,
the EPA had long regulated new fossil
fuel-fired power plants to limit air
pollution other than carbon dioxide,
including particulate matter (PM);
PO 00000
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Fmt 4702
Sfmt 4702
16329
nitrogen oxides (NOX) and sulfur
dioxide (SO2). See 40 CFR part 60
subparts D, Da. In 2015, the EPA issued
a rule that for the first time set carbon
dioxide emission limits for new fossil
fuel-fired power plants. Standards of
Performance for Greenhouse Gas
Emissions From New, Modified, and
Reconstructed Stationary Sources:
Electric Generating Units, 80 FR 64510
(October 23, 2015). Under certain
circumstances, when the EPA issues
standards for new sources under Section
111(b), the EPA has the authority under
Section 111(d), to prescribe regulations
under which each State is to submit a
plan to establish standards for existing
sources in the same category. The EPA
relied on that authority to issue the CPP,
which, for the first time, required States
to submit plans specifically designed to
limit carbon dioxide emissions from
existing fossil fuel-fired power plants.
As part of the promulgation of the CPP,
EPA prepared a legal memorandum that
supplemented the legal analysis
provided by the Agency in the preamble
to the final CPP.
Due to concerns about EPA’s legal
authority and record, 27 States and a
number of other parties sought judicial
review of the CPP in the D.C. Circuit.
State of West Virginia v. EPA, No. 15–
1363 (and consolidated cases) (D.C.
Cir.). On February 9, 2016, the Supreme
Court stayed implementation of the CPP
pending judicial review. Following full
merits briefing, oral argument was held
before the D.C. Circuit, sitting en banc,
on September 27, 2016. That case is
currently pending in the D.C. Circuit.
II. Initiation of Review of CPP
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—
including oil and gas—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. This Executive Order specifically
E:\FR\FM\04APP1.SGM
04APP1
nlaroche on DSK30NT082PROD with PROPOSALS
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
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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
Agencies
[Federal Register Volume 82, Number 63 (Tuesday, April 4, 2017)]
[Proposed Rules]
[Pages 16329-16330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06522]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[FRL-9961-11-OAR]
Review of the Clean Power Plan
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 Clean Power Plan.
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 Clean Power Plan, 80 FR 64662 (October 23, 2015) (CPP),
including the accompanying Legal Memorandum, and, if appropriate, will
as soon as practicable and consistent with law, initiate proceedings to
suspend, revise or rescind this rule. The CPP established emission
guidelines for state plans to limit carbon dioxide emissions from
existing fossil fuel-fired power plants.
I. Background
The CPP was promulgated under Section 111 of the Clean Air Act. 42
U.S.C. 7411. 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. Section 7411(b)(1).
Under this authority, the 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
2015, the EPA issued a rule that for the first time set carbon dioxide
emission limits for new fossil fuel-fired power plants. Standards of
Performance for Greenhouse Gas Emissions From New, Modified, and
Reconstructed Stationary Sources: Electric Generating Units, 80 FR
64510 (October 23, 2015). Under certain circumstances, when the EPA
issues standards for new sources under Section 111(b), the EPA has the
authority under Section 111(d), to prescribe regulations under which
each State is to submit a plan to establish standards for existing
sources in the same category. The EPA relied on that authority to issue
the CPP, which, for the first time, required States to submit plans
specifically designed to limit carbon dioxide emissions from existing
fossil fuel-fired power plants. As part of the promulgation of the CPP,
EPA prepared a legal memorandum that supplemented the legal analysis
provided by the Agency in the preamble to the final CPP.
Due to concerns about EPA's legal authority and record, 27 States
and a number of other parties sought judicial review of the CPP in the
D.C. Circuit. State of West Virginia v. EPA, No. 15-1363 (and
consolidated cases) (D.C. Cir.). On February 9, 2016, the Supreme Court
stayed implementation of the CPP pending judicial review. Following
full merits briefing, oral argument was held before the D.C. Circuit,
sitting en banc, on September 27, 2016. That case is currently pending
in the D.C. Circuit.
II. Initiation of Review of CPP
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--
including oil and gas--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. This
Executive Order specifically
[[Page 16330]]
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, 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