Review of the 2016 Oil and Gas New Source Performance Standards for New, Reconstructed, and Modified Sources, 16331-16332 [2017-06658]
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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
16332
Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Proposed Rules
nlaroche on DSK30NT082PROD with PROPOSALS
the EPA had regulated sulfur dioxide
emissions from natural gas processing
and volatile organic chemicals (VOCs)
from a number of equipment and
operations at oil and gas facilities. 40
CFR part 60 subpart OOOO. In 2016, the
EPA promulgated this Rule, which
expanded the existing NSPS by
requiring methane reductions from
previously regulated sources and
limiting methane and VOCs from other
types of new oil and gas facilities never
before regulated under Section 111.
Several state and industry petitioners
challenged this Rule in the U.S. Court
of Appeals for the District of Columbia
alleging, inter alia, that EPA acted
arbitrarily and capriciously, and in
excess of statutory authority. See, e.g.,
West Virginia v. EPA, 16–1264, State
Petitioners’ Nonbinding Statement of
the Issues to be Raised. These cases
have been consolidated and are pending
before the court. Many of these parties
also submitted petitions for
reconsideration of this Rule to EPA. The
Agency has not yet acted on these
petitions.
II. Initiation of Review of This 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—
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
directs EPA to review and, if
appropriate, initiate proceedings to
suspend, revise or rescind this Rule.
Pursuant to the Executive Order, EPA
is initiating its review of this 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 this
Rule may be appropriate, EPA’s review
will be followed by a rulemaking
process that will be transparent, follow
VerDate Sep<11>2014
15:42 Apr 03, 2017
Jkt 241001
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 the EPA’s statutory
authority. The Agency will reevaluate
whether this Rule or alternative
approaches are appropriately grounded
in EPA’s statutory authority and
consistent with the rule of law. The EPA
will assess whether this Rule or
alternative approaches would
appropriately promote cooperative
federalism and respect the authority and
PO 00000
Frm 00026
Fmt 4702
Sfmt 4702
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. 2017–06658 Filed 4–3–17; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF VETERANS
AFFAIRS
48 CFR Parts 816, 828 and 852
RIN 2900–AP82
Revise and Streamline VA Acquisition
Regulation To Adhere to Federal
Acquisition Regulation Principles
(VAAR Case 2014–V002—Parts 816,
828)
Department of Veterans Affairs.
Proposed rule; correction.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) is correcting a proposed
rule regarding Federal Acquisition
Regulation Principles. This correction
addresses minor technical errors in the
proposed rule.
DATES: April 4, 2017. The comments
due date remains May 12, 2017.
ADDRESSES: Written comments may be
submitted through
www.Regulations.gov; by mail or handdelivery to the Director, Regulation
Policy and Management (00REG),
Department of Veterans Affairs, 810
Vermont Avenue NW., Room 1068,
Washington, DC 20420; or by fax to
(202) 273–9026. Comments should
indicate that they are submitted in
response to ‘‘RIN 2900–AP82–Revise
and Streamline VA Acquisition
Regulation to Adhere to Federal
Acquisition Regulation Principles.’’
Copies of comments received will be
SUMMARY:
E:\FR\FM\04APP1.SGM
04APP1
Agencies
[Federal Register Volume 82, Number 63 (Tuesday, April 4, 2017)]
[Proposed Rules]
[Pages 16331-16332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06658]
-----------------------------------------------------------------------
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
AGENCY: Environmental Protection Agency (EPA).
ACTION: Announcement of review.
-----------------------------------------------------------------------
SUMMARY: 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.
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,
[[Page 16332]]
the EPA had regulated sulfur dioxide emissions from natural gas
processing and volatile organic chemicals (VOCs) from a number of
equipment and operations at oil and gas facilities. 40 CFR part 60
subpart OOOO. In 2016, the EPA promulgated this Rule, which expanded
the existing NSPS by requiring methane reductions from previously
regulated sources and limiting methane and VOCs from other types of new
oil and gas facilities never before regulated under Section 111.
Several state and industry petitioners challenged this Rule in the
U.S. Court of Appeals for the District of Columbia alleging, inter
alia, that EPA acted arbitrarily and capriciously, and in excess of
statutory authority. See, e.g., West Virginia v. EPA, 16-1264, State
Petitioners' Nonbinding Statement of the Issues to be Raised. These
cases have been consolidated and are pending before the court. Many of
these parties also submitted petitions for reconsideration of this Rule
to EPA. The Agency has not yet acted on these petitions.
II. Initiation of Review of This 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--
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 directs EPA to review and, if appropriate,
initiate proceedings to suspend, revise or rescind this Rule.
Pursuant to the Executive Order, EPA is initiating its review of
this 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 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.
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 the
EPA's statutory authority. The Agency will reevaluate whether this Rule
or alternative approaches are appropriately grounded in EPA's statutory
authority and consistent with the rule of law. The 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. 2017-06658 Filed 4-3-17; 8:45 am]
BILLING CODE 6560-50-P