[Federal Register Volume 77, Number 149 (Thursday, August 2, 2012)]
[Rules and Regulations]
[Pages 45967-45968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18871]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2009-0234; EPA-HQ-OAR-2011-0044, FRL 9710-1]
RIN 2060-AR62


National Emission Standards for Hazardous Air Pollutants From 
Coal- and Oil-Fired Electric Utility Steam Generating Units and 
Standards of Performance for Fossil-Fuel-Fired Electric Utility, 
Industrial-Commercial-Institutional, and Small Industrial-Commercial-
Institutional Steam Generating Units: Notice of Partial Stay

AGENCY: Environmental Protection Agency (EPA).

ACTION: Partial stay of effectiveness of final rule.

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SUMMARY: This action stays the effectiveness of national new source 
emission standards for hazardous air pollutants from coal- and oil-
fired electric utility steam generating units issued pursuant to Clean 
Air Act section 112 that were published in the Federal Register on 
February 16, 2012 (77 FR 9304).

DATES: The effective date of 40 CFR 63.9984(a), 63.10005(g), 
63.10030(c), Table 1 to subpart UUUUU of 40 CFR part 63, and row 2 of 
Table 3 to subpart UUUUU of 40 CFR part 63, published in the Federal 
Register on February 16, 2012 (77 FR 9304), is stayed until November 2, 
2012.

FOR FURTHER INFORMATION CONTACT: Mr. William Maxwell, Energy Strategies 
Group, Sector Policies and Programs Division, (D243-01), Office of Air 
Quality Planning and Standards, U.S. Environmental Protection Agency, 
Research Triangle Park, North Carolina 27711; Telephone number: (919) 
541-5430; Fax number (919) 541-5450; Email address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On February 16, 2012, the EPA issued the National Emission 
Standards for Hazardous Air Pollutants from Coal-

[[Page 45968]]

and Oil-fired Electric Utility Steam Generating Units and Standards of 
Performance for Fossil-Fuel-Fired Electric Utility, Industrial-
Commercial-Institutional, and Small Industrial-Commercial-Institutional 
Steam Generating Units, generally referred to as the mercury and air 
toxics standards (MATS Rule), which established emissions standards for 
new and existing coal- and oil-fired electric utility steam generating 
units. The EPA received petitions, pursuant to section 307(d)(7)(B) of 
the Clean Air Act, from a number of interested parties requesting 
reconsideration of certain issues in the rule. On July 20, 2012, the 
EPA issued a letter, stating its intent to grant the petitions for 
reconsideration on certain new source issues related to the emission 
standards issued under Clean Air Act section 112, including measurement 
issues related to mercury and the data set to which the variability 
calculation was applied when establishing the new source standards for 
particulate matter and hydrochloric acid.
    The Clean Air Act authorizes the EPA to stay the effectiveness of a 
rule if the Administrator has convened a proceeding to reconsider the 
rule. Under section 307(d)(7)(B) of the Act, ``The effectiveness of the 
rule may be stayed during * * * reconsideration * * * by the 
Administrator or the court for a period not to exceed three months.'' 
42 U.S.C.7607(d)(7)(B). In its letter granting the petitions for 
reconsideration on certain issues relating to the Clean Air Act section 
112 new source standards, the EPA stated that it intended to exercise 
its authority under section 307(d) to stay the effectiveness of those 
new source standards for 3 months.

II. Issuance of a Partial Stay Relating to Clean Air Act Section 112(d) 
New Source Standards

    Pursuant to section 307(d)(7)(B) of the Clean Air Act, the EPA 
hereby stays the effectiveness of 40 CFR 63.9984(a), 63.10005(g), 
63.10030(c), Table 1 in subpart UUUUU of 40 CFR part 63, and row 2 of 
Table 3 in subpart UUUUU of 40 CFR part 63 for 3 months. Thus, by this 
action, we are staying the effectiveness of these provisions of the 
rule, published in the Federal Register on February 16, 2012 (77 FR 
9304). Accordingly, this action also stays the effectiveness of any 
monitoring, recordkeeping, and reporting requirements related to the 
section 112(d) new source standards. This stay does not apply to any 
other provisions of the rule.
    This stay of effectiveness will remain in place until November 2, 
2012.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: July 27, 2012.
Lisa P. Jackson,
Administrator.
[FR Doc. 2012-18871 Filed 8-1-12; 8:45 am]
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