[Federal Register Volume 79, Number 62 (Tuesday, April 1, 2014)]
[Proposed Rules]
[Pages 18248-18249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06813]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-HQ-OAR-2012-0233; FRL-9908-80-OAR]
Air Quality Designations for the 2010 Sulfur Dioxide
(SO2) Primary National Ambient Air Quality Standard (NAAQS):
Notice of Action Denying Petition for Reconsideration and Stay Request
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of action denying petition for reconsideration and stay
request.
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SUMMARY: The Environmental Protection Agency (EPA) is providing notice
that it has responded to a petition for reconsideration of a rule
published in the Federal Register on August 5, 2013, that promulgated
the initial air quality designations for the 2010 Primary Sulfur
[[Page 18249]]
Dioxide (SO2) National Ambient Air Quality Standard (NAAQS)
for certain areas in the United States. The rule is titled, ``Air
Quality Designations for the 2010 SO2 Primary NAAQS.''
Subsequent to publishing the rule, the EPA received three petitions
requesting that the EPA reconsider its designation decisions for
certain areas. This document announces the EPA's response to one of
those petitions: a petition from U.S. Steel requesting the EPA to
reconsider its designation decision for Detroit, Michigan. A subsequent
document will announce the EPA's response to the other two petitions.
The EPA carefully considered the U.S. Steel's petition and supporting
information, along with information contained in the rulemaking docket,
in reaching its decision on the petition. The EPA denied the U.S.
Steel's petition for reconsideration in a letter to the petitioner
dated March 11, 2014. The letter explains the EPA's reasons for the
denial. The petitioner also requested that the EPA stay the
effectiveness of the designations rule, pending reconsideration.
Because the EPA denied the reconsideration request, the EPA also denied
the stay request.
DATES: The petition for reconsideration discussed in this document is
denied as of April 1, 2014.
FOR FURTHER INFORMATION CONTACT: Rhonda Wright, Air Quality Planning
Division, Office of Air Quality Planning and Standards, U.S.
Environmental Protection Agency, Mail Code C539-04, Research Triangle
Park, NC 27711; telephone: (919) 541-1087; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Where can I get copies of this document and other related
information?
This Federal Register document, the petition for reconsideration
and the response letter to the petitioner are available in the EPA's
docket established for the rulemaking to promulgate the air quality
designations for the 2010 SO2 Primary NAAQS, under Docket ID
No. EPA-HQ-OAR-2012-0233. The table below identifies the petitioner,
the date of petition to the EPA, the document identification number of
the petition in the docket, the date of the EPA's acknowledgement
letter and the document identification number in the docket for the
EPA's response.
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The EPA
Petition: response:
Petitioner Date of petition to the EPA document No. in Date of the EPA response document number
docket in docket
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Detroit, MI Nonattainment Area
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U.S. Steel Corporation--Great Lakes Works October 2, 2013...................... 0357 March 11, 2014...................... -0363
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All documents in the docket are listed in the index at http://www.regulations.gov. Although listed in the index, some information is
not publicly available, e.g., confidential business information or
other information where 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.
Publicly available docket materials are available either electronically
through http://www.regulations.gov or in hard copy at EPA's Docket
Center, Public Reading Room, William Jefferson Clinton West Building,
Room 3334, 1301 Constitution Avenue NW., Washington, DC 20004. This
Docket Center 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 (202) 566-1744, and the telephone number for the Air
Docket is (202) 566-1742.
In addition, the EPA has established a Web site for the
SO2 designations rulemaking at http://www.epa.gov/so2designations. This Federal Register notice, the petition for
reconsideration, and the response letter to the petitioner are also
available on this Web site along with other information relevant to the
designations process.
II. Judicial Review
Section 307(b)(1) of the Clean Air Act indicates which Federal
Courts of Appeal have venue for petitions for review of final actions
by the EPA. This section provides, in part, that petitions for review
must be filed in the Court of Appeals for the District of Columbia
Circuit (i) when the agency action consists of ``nationally applicable
regulations promulgated, or final actions taken, by the
Administrator,'' or (ii) when such action is 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.'' In
the rule establishing air quality designations for the 2010
SO2 Primary NAAQS, the EPA determined that the actions are
of nationwide scope and effect for the purposes of section 307(b)(1).
(See 78 FR 47191, 47197 (August 5, 2013).)
The EPA has determined that its action denying the petition for
reconsideration also is of nationwide scope and effect because this
action directly relates to the SO2 designations rulemaking
that the EPA previously determined is of nationwide scope and effect.
Thus, any petition for review of the final letter denying the petition
for reconsideration must be filed in the Court of Appeals for the
District of Columbia Circuit on or before June 2, 2014.
Dated: March 19, 2014.
Janet McCabe,
Acting Assistant Administrator, Office of Air and Radiation.
[FR Doc. 2014-06813 Filed 3-31-14; 8:45 am]
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