[Federal Register Volume 79, Number 179 (Tuesday, September 16, 2014)]
[Proposed Rules]
[Page 55412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21973]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 51 and 52
[EPA-HQ-OAR-2006-0605; FRL-9916-63-OAR]
RIN 2060-AO24
Prevention of Significant Deterioration (PSD) for Particulate
Matter Less Than 2.5 Micrometers (PM2.5)--Increments, Significant
Impact Levels (SILs) and Significant Monitoring Concentration (SMC)--
Notice of Action Denying Petition for Reconsideration and Amended
Rulemaking
AGENCY: Environmental Protection Agency (EPA).
ACTION: Action denying petition for reconsideration and amended
rulemaking.
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SUMMARY: The Environmental Protection Agency (EPA) is providing notice
that it has responded to a petition for reconsideration and amended
rulemaking of certain provisions of the final rule, ``Prevention of
Significant Deterioration (PSD) for Particulate Matter Less Than 2.5
Micrometers (PM2.5)--Increments, Significant Impact Levels
(SILs) and Significant Monitoring Concentration (SMC),'' published on
October 20, 2010. The final rule set forth provisions identifying the
maximum allowable increases in ambient pollutant concentrations
(``increments'') for PM2.5, modifying the definitions for
the baseline dates and the baseline area, and adding two screening
tools known as SILs and an SMC for PM2.5. On December 23,
2013, the EPA received a petition for reconsideration pursuant to the
Clean Air Act (CAA) and for an amended rulemaking pursuant to the
Administrative Procedures Act, from the state of North Carolina. The
EPA considered the petition for reconsideration and amended rulemaking,
along with information contained in the rulemaking docket, in reaching
a decision on the petition. The EPA Administrator Gina McCarthy denied
the petition for reconsideration and amended rulemaking in a letter to
the Attorney General of North Carolina dated August 28, 2014. The
letter documents the EPA's reasons for the denial and can be found in
the rulemaking docket.
DATES: The EPA's response to this petition was signed on August. 28,
2014. Any petitions for review of the final letter denying the petition
for reconsideration and amended rulemaking of certain provisions of the
final rule published in the Federal Register on October 20, 2010 (75 FR
64864) must be filed in the Court of Appeal for the District of
Columbia Circuit on or before November 17, 2014.
FOR FURTHER INFORMATION CONTACT: Mr. Dan deRoeck, Air Quality Policy
Division (C504-03), U.S. Environmental Protection Agency, Research
Triangle Park, NC, 27711; telephone number: (919) 541-5593; or email
address: [email protected].
SUPPLEMENTARY INFORMATION:
I. How can I get copies of this document and other related information?
This Federal Register document, the petition for reconsideration
and amended rulemaking, and the letter denying the petition are
available in the docket that the EPA has established for the
``Prevention of Significant Deterioration (PSD) for Particulate Matter
Less Than 2.5 Micrometers (PM2.5)--Increments, Significant
Impact Levels (SILs) and Significant Monitoring Concentration (SMC)''
rulemaking under Docket ID No. EPA-HQ-OAR-2006-0605. The table below
identifies the petitioner, the date of the petition, the document
identification number for the petition, the date of the EPA's response,
and the document identification number for the EPA's response.
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Petition:
Petitioner Date of Document No. Date of EPA EPA response: Document
petition to EPA in docket response No. in docket
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State of North Carolina............ 12/23/2013 -0065 8/28/2014 -0066, -0067, -0068
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Note that all document numbers listed in the table are in the form
of ``EPA-HQ-OAR-2006-0605-xxxx.
All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some
information may not be publicly available, i.e., 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. Publicly available docket materials are available either
electronically through http://www.regulations.gov or in hard copy at
the EPA Docket Center, Docket ID No. EPA-HQ-OAR-2006-0605, EPA William
Jefferson Clinton West Building, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC. The 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 (202) 566-1744, and the telephone
number for the EPA Docket Center is (202) 566-1742.
In addition to being available in the docket, an electronic copy of
this notice of the EPA's decision denying the petition for
reconsideration and amended rulemaking and of the EPA's response letter
outlining reasons for the denial will also be available on the World
Wide Web. Following signature of this document by the Acting Assistant
Administrator, Office of Air and Radiation, a copy of this document
will be posted on EPA's New Source Review Web site, under Regulations &
Standards, at http://www.epa.gov/nsr.
II. Judicial Review
Under CAA section 307(b), judicial review of this final action is
available only by filing a petition for review in the U.S. Court of
Appeals for the District of Columbia Circuit on or before November 17,
2014.
Dated: September 5, 2014.
Janet G. McCabe,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 2014-21973 Filed 9-15-14; 8:45 am]
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