[Federal Register Volume 81, Number 251 (Friday, December 30, 2016)]
[Proposed Rules]
[Pages 96413-96415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31644]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 87 and 1068

[EPA-HQ-OAR-2014-0828; FRL-9957-73-OAR]


Reconsideration of Finding That Greenhouse Gas Emissions From 
Aircraft Cause or Contribute to Air Pollution That May Reasonably Be 
Anticipated To Endanger Public Health and Welfare

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final action denying petition for reconsideration.

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SUMMARY: This action provides notice that the U.S. Environmental 
Protection Agency (EPA) Administrator, Gina McCarthy, denied a petition 
for reconsideration of the final Finding that Greenhouse Gas Emissions 
from Aircraft Cause or Contribute to Air Pollution that May Reasonably 
Be Anticipated to Endanger Public Health and Welfare, published in the 
Federal Register on August 15, 2016.

DATES: The EPA took final action to deny the petition for 
reconsideration on December 21, 2016.

FOR FURTHER INFORMATION CONTACT: Lesley Jantarasami, Office of 
Atmospheric Programs, Climate Change Division, Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW., Mail Code 6207-A, Washington DC 
20460; Telephone number: (202) 343-9990; Email address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. General Information

A. How can I get copies of this document and other related information?

    This Federal Register document, the petition for reconsideration 
and the EPA's response addressing the petition for reconsideration are 
available in the docket under Docket ID No. EPA-HQ-OAR-2014-0828.
    Docket. The EPA has established a docket for this action under 
Docket ID No. EPA-HQ-OAR-2014-0828. Publicly available docket materials 
are available either electronically through http://www.regulations.gov 
or in hard copy at the EPA Docket Center (EPA/DC), EPA WJC West, Room 
3334, 1301 Constitution Ave. NW., Washington, DC. The EPA Docket Center 
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is

[[Page 96414]]

(202) 566-1744, and the telephone number for the Air Docket is (202) 
566-1742. This action, the petition for reconsideration and the EPA's 
response addressing the petition can also be found on the EPA's Web 
site at https://www.epa.gov/regulations-emissions-vehicles-and-engines/final-rule-finding-greenhouse-gas-emissions-aircraft.
    Electronic access. You may access this Federal Register document 
electronically from the Government Printing Office under the ``Federal 
Register'' listings at FDSys (http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR).

II. Judicial Review

    Section 307(b)(1) of the Clean Air Act (CAA) indicates which 
Federal Court of Appeals have venue over petitions for review of final 
EPA actions. This section provides, in part, that the petitions for 
review must be filed in the Court of Appeals for the District of 
Columbia Circuit if: (i) The agency action consists of ``nationally 
applicable regulations promulgated, or final action taken, by the 
Administrator;'' or (ii) such actions are locally or regionally 
applicable, if ``such action is based on a determination of nationwide 
scope or effect and if in taking such action the Administrator finds 
and publishes that such action is based on such a determination.''
    The EPA has determined that its action denying the petition for 
reconsideration is nationally applicable for purposes of CAA section 
307(b)(1) because it affects the final Finding that Greenhouse Gas 
Emissions from Aircraft Cause or Contribute to Air Pollution that May 
Reasonably Be Anticipated to Endanger Public Health and Welfare, and 
that finding triggers the EPA's statutory duty to promulgate aircraft 
engine emission standards under CAA section 231, which are nationally 
applicable regulations and for which judicial review will be available 
only in the U.S. Court of Appeals for the District of Columbia Circuit. 
Moreover, EPA already determined that the subject finding was 
nationally applicable, see 81 FR 54422 (Aug. 15, 2016), and that 
finding has in fact been challenged in the U.S. Court of Appeals for 
the District of Columbia Circuit. In the alternative, even if this 
action were considered to be only locally or regionally applicable, the 
Administrator has determined that it has nationwide scope and effect 
within the meaning of CAA section 307(b)(1) both because EPA has 
determined that the final finding has nationwide scope and effect 
within the meaning of CAA section 307(b)(1), see 81 FR 54422 (Aug. 15, 
2016), and because it concerns risks from GHG pollution and 
contributions to such pollution that occur across the nation.
    Thus, any petition for judicial review of the EPA's decision to 
deny the petition for reconsideration described in this document must 
be filed in the U.S. Court of Appeals for the District of Columbia 
Circuit by February 28, 2017.

III. Description of Action

    On July 25, 2016, EPA Administrator McCarthy signed the action 
entitled ``Finding that Greenhouse Gas Emissions from Aircraft Cause or 
Contribute to Air Pollution that May Reasonably Be Anticipated to 
Endanger Public Health and Welfare.'' That action included two findings 
under section 231(a)(2)(A) of the CAA. These findings were that: (1) 
Concentrations of six well-mixed greenhouse gases (GHGs) in the 
atmosphere endanger the public health and welfare of current and future 
generations (the endangerment finding), and (2) GHGs emitted from 
certain classes of engines used in certain aircraft \1\ are 
contributing to the air pollution--the mix of those six GHGs in the 
atmosphere--that endangers public health and welfare (the cause or 
contribute finding, or contribution finding). The Administrator made 
these findings using the same definitions of ``air pollution'' and 
``air pollutant'' as were used in earlier findings under CAA section 
202(a)(1) regarding motor vehicle GHG emissions (the 2009 Findings), 
namely the combined mix of six key well-mixed GHGs: carbon dioxide 
(CO2), methane, nitrous oxide, hydrofluorocarbons (HFCs), 
perfluorocarbons (PFCs), and sulfur hexafluoride (SF6). 
While the 2009 Findings under CAA section 202(a)(1) relate to GHG 
emissions from new motor vehicles and new motor vehicle engines, these 
findings under CAA section 231(a)(2)(A) relate to GHG emissions from 
certain classes of engines used in certain aircraft. These findings 
were published in the Federal Register on August 15, 2016 (81 FR 
54422), and became effective on September 14, 2016 (2016 Findings).
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    \1\ The contribution finding concludes that GHG emissions from 
certain classes of engines used in ``U.S. covered aircraft'' 
contribute to the air pollution that endangers public health and 
welfare. The finding defines ``U.S. covered aircraft'' to be 
subsonic jet aircraft with a maximum takeoff mass (MTOM) greater 
than 5,700 kilograms and subsonic propeller driven aircraft (e.g., 
turboprops) with a MTOM greater than 8,618 kilograms. This 
contribution finding for engines used in U.S. covered aircraft 
results in the vast majority (89 percent) of total U.S. aircraft GHG 
emissions being included in this determination.
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    The Biogenic CO2 Coalition (Petitioner) submitted a 
petition dated October 14, 2016 asking the EPA to reconsider the 2016 
Findings with respect to the Agency's treatment of biogenic carbon 
dioxide (CO2) emissions from short-cycle annual herbaceous 
crops. CAA section 307(d)(7)(B) states that ``[o]nly an objection to a 
rule or procedure which was raised with reasonable specificity during 
the period for public comment (including any public hearing) may be 
raised during judicial review. If the person raising an objection can 
demonstrate to the Administrator that it was impracticable to raise 
such objection within such time 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 Administrator shall convene a 
proceeding for reconsideration of the rule and provide the same 
procedural rights as would have been afforded had the information been 
available at the time the rule was proposed.''
    The EPA carefully reviewed the petition for reconsideration and 
evaluated all the information presented on the issues raised, along 
with information contained in the docket for the 2016 Findings, in 
reaching a decision on the petition. The EPA has concluded that the 
petition does not meet the criteria for reconsideration in CAA section 
307(d)(7)(B). In a letter to the petitioner, the EPA Administrator, 
Gina McCarthy, denied the petition for reconsideration. The letter 
included an enclosure, a Reconsideration Response document entitled 
``Response to the Biogenic CO2 Coalition's Petition for 
Reconsideration of the Final Finding that Greenhouse Gas Emissions from 
Aircraft Cause or Contribute to Air Pollution that May Reasonably Be 
Anticipated to Endanger Public Health and Welfare,'' that articulates 
in detail the rationale for the EPA's final responses to the petition 
for reconsideration and the EPA Administrator's denial of that 
petition. These documents are all available in the docket for this 
action.

IV. Conclusion

    For the reasons discussed in the letter to the petitioner and the 
Reconsideration Response document, the petition to reconsider the final 
Finding that Greenhouse Gas Emissions from Aircraft Cause or Contribute 
to Air Pollution that May Reasonably Be Anticipated to Endanger Public 
Health and Welfare is denied.


[[Page 96415]]


    Dated: December 21, 2016.
Gina McCarthy,
Administrator.
[FR Doc. 2016-31644 Filed 12-29-16; 8:45 am]
 BILLING CODE 6560-50-P