Federal Register - January 13, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 8 / Wednesday, January 13, 2021 / Rules and Regulations significantly to dangerous air pollution due to their GHG emissions if the amount of those emissions exceeds 3
percent of total U.S. GHG emissions.
The EPA is applying the 3-percent threshold to the EGU source category to demonstrate that GHG emissions from the EGU source category would contribute significantly to dangerous air pollution. While EGU GHG emissions exceed this threshold by a sufficient magnitude to warrant an SCF without more ado, the EPA has also, for completeness, analyzed EGU emissions under a secondary criteria framework, which also demonstrates the propriety of the SCF.
DATES: The final rule is effective on March 15, 2021.
ADDRESSES: The EPA has established a docket for this action under Docket ID
No. EPAHQOAR20130495. All documents in the docket are listed on the https www.regulations.gov/
website. Although listed, some information is not publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. With the exception of such material, publicly available docket materials are available electronically through https www.regulations.gov/.
Out of an abundance of caution for members of the public and our staff, the EPA Docket Center and Reading Room are closed to the public, with limited exceptions, to reduce the risk of transmitting COVID19. Our Docket Center staff will continue to provide remote customer service via email, phone, and webform. For further information on EPA Docket Center services and the current status, please visit us online at https www.epa.gov/
dockets.
FOR FURTHER INFORMATION CONTACT: For questions about this final action, contact Mr. Christopher Werner, Sector Policies and Programs Division D24301, Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: 919 5415133; fax number:
919 5414991; and email address:
werner.christopher@epa.gov.
SUPPLEMENTARY INFORMATION:
Preamble acronyms and abbreviations. The EPA uses multiple acronyms and terms in this preamble.
While this list may not be exhaustive, to ease the reading of this preamble and for reference purposes, the EPA defines the following terms and acronyms here:
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AEO Annual Energy Outlook BSER best system of emission reduction C degrees Celsius CAA Clean Air Act CFR Code of Federal Regulations CH4 methane CO carbon monoxide CO2 carbon dioxide D.C. Cir. United States Court of Appeals for the District of Columbia Circuit DOE Department of Energy EGU electric utility generating unit EIA U.S. Energy Information Administration EPA Environmental Protection Agency F degrees Fahrenheit GHG greenhouse gas HAP hazardous air pollutants HFC hydrofluorocarbon km kilometers M million N2O nitrous oxide NAICS North American Industry Classification System NGCC natural gas combined cycle NOX nitrogen oxides NSPS new source performance standards OMB Office of Management and Budget PC pulverized coal PFC perfluorocarbon PM particulate matter SF6 sulfur hexafluoride SO2 sulfur dioxide U.S. United States U.S.C. United States Code
Organization of this document. The information in this preamble is organized as follows:
I. General Information A. Does this action apply to me?
B. Where can I get a copy of this document and other related information?
C. Judicial Review II. Executive Summary A. What is the purpose of this regulatory action?
B. What is the summary of the major provisions in this action?
C. What are the costs and benefits?
III. Summary of Previous Rulemaking Actions IV. Pollutant-Specific Significant Contribution Finding SCF
A. Background B. What is a Significant Contribution Finding SCF?
C. Primary Criteria for Determining Significance D. Secondary Criteria for Determining Significance E. Significant Contribution Finding for EGUs V. Summary of Cost, Environmental, and Economic Impacts A. What are the affected facilities?
B. What are the air quality impacts?
C. What are the energy impacts?
D. What are the cost impacts?
E. What are the economic impacts?
F. What are the benefits?
VI. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review
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B. Executive Order 13771: Reducing Regulations and Controlling Regulatory Costs C. Paperwork Reduction Act PRA
D. Regulatory Flexibility Act RFA
E. Unfunded Mandates Reform Act UMRA
F. Executive Order 13132: Federalism G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use J. National Technology Transfer and Advancement Act NTTAA
K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations L. Congressional Review Act CRA
I. General Information A. Does this action apply to me?
Categories and entities potentially impacted by this rule include sources subject to new source performance standards NSPS requirements under section 111 of the CAA. While this rule informs all NSPS source categories, the EPA is finalizing a SCF specific to electric generating units regulated under 40 CFR part 60, subpart TTTT. The North American Industry Classification System NAICS code for the industrial, federal government, and state/local government electric generating units is 221112. The NAICS code for tribal government electric generating units is 921150.
B. Where can I get a copy of this document and other related information?
In addition to being available in the docket, an electronic copy of this final action is available on the internet.
Following signature by the EPA
Administrator, the EPA will post a copy of this final action at https
www.epa.gov/stationary-sources-airpollution/nsps-ghg-emissions-newmodified-and-reconstructed-electricutility. Following publication in the Federal Register, the EPA will post the Federal Register version of the final rule and key technical documents at this same website.
C. Judicial Review Under section 307b1 of the Clean Air Act CAA, judicial review of this final rule is available only by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit the D.C. Circuit by March 15, 2021. Moreover, under
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