[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]
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