[Federal Register Volume 77, Number 149 (Thursday, August 2, 2012)]
[Rules and Regulations]
[Pages 45967-45968]
From the Federal Register Online via the Government Printing 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:
maxwell.bill@epa.gov.
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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