Document 2JVgGNpjnEyzqdjKBxB5an4X5

To: Pruitt, Scott[Pruitt.Scott@epa.gov] Cc: Dravis, Samantha[dravis.samantha@epa.gov]; Dunham, Sarah[Dunham.Sarah@epa.gov]; Tsirigotis, Peter[Tsirigotis.Peter@epa.gov] From: Freeman, Lauren Sent: Mon 3/27/2017 10:15:26 PM Subject: Utility Air Regulatory Group Request for Publication of MATS Interim Reporting Rule Before April 16, 21017 removed.txt UARG Request for Publication of MATS Interim Reporting Rule.pdf Dear Administrator Pruitt - On behalf of the Utility Air Regulatory Group, I attach a letter urging to you direct the publication of a previously signed final rule extending the interim electronic reporting provisions for electric generating units (EGUs) under the Mercury and Air Toxics Standards (MATS) rule. As explained in the letter, publication prior to April 16, 2017 (when the current interim period will expire) is necessary to avoid imposition of significant, unintended regulatory burdens on both EPA and EGUs. Please feel free to contact me with any questions. Lauren Freeman Partner lfreeman@hunton.com p 202.778.2248 m 703.229.9308 f 202.828.3762 bio | vCard Hunton & Williams LLP 2200 Pennsylvania Avenue, NW Washington, DC 20037 hunton.com This communication is confidentiai and is intended to be privileged pursuant to appiicabie law. If the reader of this message is not the intended recipient, 17cv1906 Sierra Club v. EPA - 6/22 Production ED 001523 00008036-00001 piease advise by return email immediately and then delete this message and all copies and backups thereof. 17cv1906 Sierra Club v. EPA 6/22 Production ED 001523 00008036-00002 HUNTON& WILLIAMS March 27, 2017 HUNTON & WILLIAMS LLP 2200 PENNSYLVANIA AVENUE, NW WASHINGTON, D.C. 20037-1701 TEL 202- 955 - 1500 FAX 202 - 778 - 2201 LAUREN E. FREEMAN DIRECT DIAL: 202 778 2248 EMAIL: lfreeman@hunton.com FILE NO: 31531.200001 Via E-Mail and U.S. Mail The Honorable Scott Pruitt Administrator U.S. Environmental Protection Agency William Jefferson Clinton Building 1200 Pennsylvania Avenue, N.W. Mail Code: 1101A Washington, DC 20460 Need for Action Prior to April 16, 2017 on the Final Rule Entitled "Mercury and Air Toxics Standards (MATS) Electronic Reporting Requirements," EPA-HQ-OAR-2009-0234 [FRL-9958-30-OAR] (RIN: 2060-AS75) Extending the Interim Electronic Reporting Provisions Dear Administrator Pruitt: I write on behalf of the Utility Air Regulatory Group (UARG)1 2to ask that you either submit for publication by the Office of Federal Register prior to April 16, 2017 the above-referenced final rule to preserve existing interim electronic reporting requirements for electric generating units (EGUs) under the MATS rule, or take other action to achieve the same result. That final rule, which was signed by Administrator McCarthy on January 9, 2017, responds to requests by UARG and others to keep in place interim rule provisions that allow EGUs to submit all of their electronic reports to one familiar system called ECMPS, while EPA completes an ongoing rulemaking to further revise and streamline the MATS reporting requirements. EGUs requested that EPA undertake that ongoing rulemaking to merge all of their MATSrelated electronic reporting requirements into a single system. The recent final rule is necessary to extend the effectiveness of provisions that currently authorize use of that single 2 system only through April 16, 2017. 1 UARG is a not-for-profit association of individual electric generating companies and national trade associations. UARG participates on behalf of certain of its members collectively in Clean Air Act administrative proceedings that affect electric generators and in litigation arising from those proceedings. 2 The rule also corrects an error created in a prior rule revision that is causing confusion. ATLANTA AUSTIN BANGKOK BEIJING BRUSSELS CHARLOTTE DALLAS HOUSTON LONDON LOS ANGELES McLEAN MIAMI NEW YORK NORFOLK RALEIGH RICHMOND SAN FRANCISCO TOKYO WASHINGTON www.hunton.com 17cv1906 Sierra Club v. EPA - 6/22 Production ED 001523 00008038-00001 Pruitt Over the past two months, UARG and others have expressed to EPA staff significant concerns about the delay in publication of the rule.3 If a rule extending the interim provisions is not published and effective prior to April 16, both EPA and EGUs will need to expend significant resources to implement new reporting requirements. EGUs would need to register with EPA to obtain access to, and learn how to use, a new system in order to submit certain reports. EPA would need to expend resources to modify that separate system so that it is capable of receiving the required MATS reports from EGUs and provide support to the new EGU users. Some of that work would need to be completed by April 16. In short, allowing the interim provisions to expire would not only be confusing and disruptive, it also would impose significant new, unreasonable, unnecessary, and unintended regulatory burdens. For the above reasons, UARG urges you to submit for expedited publication the previously signed final rule, or take other immediate action, to ensure that the MATS interim reporting requirements do not expire on April 16. Please feel free to contact me with any questions. Sincerely, Lauren E. Freeman cc: Samantha Dravis, Associate Administrator, Office of Policy Sarah Dunham, Acting Assistant Administrator, Office of Air and Radiation Peter Tsirigotis, Director, Sector Policies and Program Division 3 See, e.g., Memorandum from P. Tsirigotis, Director, Sector Policies and Programs Division, to S. Rees, Office Director, Office of Regulatory Policy and Management, regarding MATS Electronic Reporting Requirements Rule Communication with Regulated Community (Mar. 20, 2017), EPA-HQ-OAR-2009-0234-20617. 17cv1906 Sierra Club v. EPA - 6/22 Production ED 001523 00008038-00002