[Federal Register Volume 90, Number 9 (Wednesday, January 15, 2025)]
[Rules and Regulations]
[Pages 3702-3703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00659]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[EPA-HQ-OAR-2023-0072; FRL-12547-01-OAR]
New Source Performance Standards for Greenhouse Gas Emissions
From New, Modified, and Reconstructed Fossil Fuel-Fired Electric
Generating Units; Emission Guidelines for Greenhouse Gas Emissions From
Existing Fossil Fuel-Fired Electric Generating Units; and Repeal of the
Affordable Clean Energy Rule; Final Action
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final action denying or partially denying petitions
for reconsideration.
-----------------------------------------------------------------------
SUMMARY: The U.S. Environmental Protection Agency (EPA) is providing
notice that it has responded to two petitions for reconsideration of
the final action titled, ``New Source Performance Standards for
Greenhouse Gas Emissions From New, Modified, and Reconstructed Fossil
Fuel-Fired Electric Generating Units; Emission Guidelines for
Greenhouse Gas Emissions From Existing Fossil Fuel-Fired Electric
Generating Units; and Repeal of the Affordable Clean Energy Rule'',
published in the Federal Register on May 9, 2024. The Administrator has
denied or partially denied the requests for reconsideration in separate
letters to the petitioners. The basis for the EPA's action is set out
fully in the accompanying decision document, available in the
rulemaking docket. At this time, the EPA is not addressing other
grounds for reconsideration that have been raised by these or other
petitioners.
DATES: Effective January 15, 2025.
FOR FURTHER INFORMATION CONTACT: Lisa Thompson (she/her), Sector
Policies and Programs Division (D243-02), Office of Air Quality
Planning and Standards, U.S. Environmental Protection Agency, 109 T.W.
Alexander Drive, P.O. Box 12055, Research Triangle Park, North Carolina
27711; telephone number: (919) 541-5158; and email address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Where can I get a copy of this document and other related
information?
A copy of this Federal Register notice, the petitions for
reconsideration, the letters denying the petitions and the accompanying
decision document describing the full basis for the partial denial of
these petitions are available in the docket the EPA established under
Docket ID No. EPA-HQ-OAR-2023-0072. In addition, an electronic copy of
this final action will be available on the internet at https://www.epa.gov/stationary-sources-air-pollution/greenhouse-gas-standards-and-guidelines-fossil-fuel-fired-power.
II. Judicial Review
This final action may be challenged in the United States Court of
Appeals for the District of Columbia Circuit. Pursuant to CAA section
307(b)(1), petitions for judicial review of this action must be filed
in that court within 60 days after the date notice of this final action
is published in the Federal Register.
Section 307(b)(1) of the Clean Air Act (CAA) governs judicial
review of final actions by the EPA. This section provides, in part,
that ``a petition for review of action of the Administrator in
promulgating . . . any standard of performance or requirement under
section [111] of [the CAA],'' or ``any other nationally applicable
regulations promulgated, or final action taken, by the Administrator
under [the CAA] may be filed only in the United States Court of Appeals
for the District of Columbia.'' This final action is ``nationally
applicable'' within the meaning of CAA section 307(b)(1) because it
denies or partially denies petitions to reconsider the ``New Source
Performance Standards for Greenhouse Gas Emissions From New, Modified,
and Reconstructed Fossil Fuel-Fired Electric Generating Units; Emission
Guidelines for Greenhouse Gas Emissions From Existing Fossil Fuel-Fired
Electric Generating Units; and Repeal of the Affordable Clean Energy
Rule,'' which is a nationally applicable final action promulgating
standards of performance and requirements under section 111 of the CAA.
89 FR 39798 (May 9, 2024) (``Carbon Pollution Standards''). This final
action is nationally applicable because the result of this denial or
partial denial of the petitions identified herein is that the Carbon
Pollution Standards remain in place and undisturbed, and because any
judicial order disturbing the EPA's reasoning herein would affect
regulated entities throughout the nation.
Thus, any petitions for review of this final action denying or
partially denying petitioners' requests for reconsideration must be
filed in the United States Court of Appeals for the District of
Columbia Circuit by March 17, 2025.
III. Description of Action
On May 9, 2024, pursuant to CAA section 111 of the CAA, the EPA
published a final action titled ``New Source Performance Standards for
Greenhouse Gas Emissions From New, Modified, and Reconstructed Fossil
Fuel-Fired Electric Generating Units; Emission Guidelines for
Greenhouse Gas Emissions From Existing Fossil Fuel-Fired Electric
Generating Units; and Repeal of the Affordable Clean Energy Rule.'' 89
FR 39798 (May 9, 2024). Following publication of this final action, the
Administrator received petitions for reconsideration of certain aspects
of the Carbon Pollution Standards pursuant to the Administrative
Procedure Act and Clean Air Act.\1\
---------------------------------------------------------------------------
\1\ One petitioner (Mountain State Energy Holdings, LLC) cited
both the APA and CAA as bases for reconsideration and rulemaking;
the second petitioner (Edison Electric Institute) did not cite any
specific authority for its request for reconsideration.
---------------------------------------------------------------------------
The EPA carefully reviewed and evaluated each of these issues
raised in the petitions for reconsideration based on the CAA section
307(d)(7)(B) criteria for reconsideration, as well as under section
553(e) of the Administrative Procedure Act (APA). For the reasons
explained below, the EPA is denying, in part or whole, two petitions
for reconsideration; specifically, the objections raised regarding
EPA's treatment of grid reliability, financing assertions related to
new baseload natural gas-fired electric generation units (EGUs), and
the inclusion of an enforceable backstop emissions rate in conjunction
with mass-based compliance flexibilities for existing coal-fired steam-
generating EGUs.
We discuss each of the petitions we are denying or partially
denying and the basis for those denials in the accompanying decision
document titled ``The EPA's Basis for Denying, in Part or Whole,
Petitions for Reconsideration of the New Source Performance Standards
for Greenhouse Gas Emissions From New, Modified, and Reconstructed
Fossil Fuel-Fired Electric Generating Units; Emission Guidelines for
[[Page 3703]]
Greenhouse Gas Emissions From Existing Fossil Fuel-Fired Electric
Generating Units; and Repeal of the Affordable Clean Energy Rule,''
available in the rulemaking docket. At this time, the EPA is not
addressing other grounds for reconsideration that have been raised by
these or other petitioners.
Jane Nishida,
Acting Administrator.
[FR Doc. 2025-00659 Filed 1-14-25; 8:45 am]
BILLING CODE 6560-50-P