[Federal Register Volume 78, Number 7 (Thursday, January 10, 2013)]
[Rules and Regulations]
[Pages 2210-2211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31742]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 49 and 51
[EPA-HQ-OAR-2003-0076; FRL-9767-8]
RIN 2060-AH37
Review of New Sources and Modifications in Indian Country: Notice
of Action Partially Granting Petition for Reconsideration and Denying
Request for Administrative Stay
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of action partially granting petition for
reconsideration and denying request for administrative stay.
-----------------------------------------------------------------------
SUMMARY: The EPA is providing notice that it has responded to a
petition for reconsideration and a request for an administrative stay
of certain provisions of the rule titled, ``Review of New Sources and
Modifications in Indian Country'' published on July 1, 2011. The EPA
received letters dated August 30, 2011, and November 4, 2011,
petitioning for reconsideration of various aspects of the minor new
source review (NSR) rule (the Petitions) and one provision of the
nonattainment major NSR rule pursuant to the Clean Air Act (CAA) from
the American Petroleum Institute (API), the Independent Petroleum
Association of America (IPAA) and America's Natural Gas Alliance (ANGA)
(collectively, the Petitioners). In the letter dated August 30, 2011,
the Petitioners asked, among other things, that the EPA reconsider the
synthetic minor source provisions of the minor NSR rule and requested
that the EPA stay the effective date of the minor NSR rule as it
relates to synthetic minor sources pending its reconsideration. In
[[Page 2211]]
the letter dated November 4, 2011, the Petitioners asked for
reconsideration of several aspects of the minor NSR rule and one aspect
of the nonattainment major NSR rule. The EPA considered the Petitions,
including the request for an administrative stay, along with
information contained in the rulemaking docket, in reaching a decision
on the Petitions generally and the request for an administrative stay
specifically. In letters to the Petitioners dated December 19, 2012,
the EPA Administrator, Lisa P. Jackson, expressed her intent to grant
reconsideration of several aspects of the Petitions and denied
reconsideration of several other aspects raised in the Petitions,
including the request for administrative stay. She took no action at
this time with respect to several other issues raised in the Petitions.
The denials of reconsideration and of the request for an administrative
stay constitute final agency action.
DATES: January 10, 2013.
FOR FURTHER INFORMATION CONTACT: Ms. Jessica Monta[ntilde]ez, Air
Quality Policy Division, Office of Air Quality Planning and Standards
(C504-03), U.S. Environmental Protection Agency, Research Triangle
Park, NC 27711, telephone number: (919) 541-3407; email address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Where can I get copies of this document and other related
information?
This Federal Register notice, the petitions for reconsideration and
the letter granting certain aspects of the petitions for
reconsideration and denying the request for an administrative stay are
available in the docket that the EPA established for the final rule
titled, ``Review of New Sources and Modifications in Indian Country,''
published on July 1, 2011, 76 FR 38748, under Docket ID No. EPA-HQ-OAR-
2003-0076. The table below identifies the Petitioners, the dates the
EPA received the Petitions, the document identification number of the
Petitions, the date of the EPA's response, and the document
identification number for the EPA's response.
----------------------------------------------------------------------------------------------------------------
The EPA
Dates of petitions to Petition: Date of the EPA response:
Petitioners the EPA document No. response document No.
in docket in docket
----------------------------------------------------------------------------------------------------------------
American Petroleum Institute (API)/ 08/30/2011 and 11/04/ 0172 December 19, 2012.... 0173
Independent Petroleum Association 2011.
of America (IPAA)/America's
Natural Gas Alliance (ANGA).
----------------------------------------------------------------------------------------------------------------
Note: All document numbers listed in the table are in the form of ``EPA-HQ-OAR-2003-0076-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 electronically
through http://www.regulations.gov or in hard copy at the EPA Docket
Center, Docket ID. No. EPA-HQ-OAR-2003-0076, EPA West, Room 3334, 1301
Constitution Avenue, North West, 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 Federal Register notice and the EPA's response letter to the
petitioners are also available on the World Wide Web at http://www.epa.gov/nsr and on the Tribal Air home page at http://www.epa.gov/oar/tribal.
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 March 11,
2013.
Dated: December 27, 2012.
Gina McCarthy,
Assistant Administrator, Office of Air and Radiation.
[FR Doc. 2012-31742 Filed 1-9-13; 8:45 am]
BILLING CODE 6560-50-P