[Federal Register Volume 72, Number 240 (Friday, December 14, 2007)]
[Rules and Regulations]
[Pages 71072-71073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24242]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 50 and 51

[EPA-HQ-OAR-2005-0159; FRL-8506-6]
RIN 2060-AN40


Exceptional Events Rule; Notice of Action Denying Petition for 
Reconsideration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Action Denying Petition for Reconsideration.

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SUMMARY: The EPA is providing notice that it has responded to a 
petition for reconsideration of the Exceptional Events Rule (EER). On 
March 22, 2007, EPA finalized a rule in the Federal Register to govern 
the review and handling of air quality monitoring data influenced by 
exceptional events. Section 319 of the Clean Air Act (CAA), as amended 
by section 6013 of the Safe Accountable Flexible Efficient-
Transportation Equity Act: A Legacy for Users (SAFE-TEA-LU) of 2005 
required the Administrator to publish a proposed rule in the Federal 
Register by March 1, 2006. Further, SAFE-TEA-LU required the EPA 
Administrator to publish a final rule within 1 year of the proposal. 
The final rule on the ``Treatment of Data Influenced by Exceptional 
Events'' became effective on May 21, 2007. Subsequent to the 
publication of this action, a petition for reconsideration from the 
Natural Resources Defense Council (NRDC) was received by EPA on May 21, 
2007, signed by John D. Walke; Director, Clean Air Program; Natural 
Resources Defense Council; 1200 New York Avenue, NW., Suite 400, 
Washington, DC 20005-3928. The EPA considered the petition and 
supporting information along with information contained in the 
rulemaking docket (Docket number EPA-HQ-OAR-2005-0159-0163) in reaching 
a decision on the petitions. EPA Administrator Stephen L. Johnson 
denied the petition for reconsideration in a letter to the petitioner 
dated November 5, 2007. The letter documents EPA's reasons for the 
denial.

FOR FURTHER INFORMATION CONTACT: Padmini Singh, U.S. EPA, Office of 
General Counsel, Mail Code 2344A, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460, telephone (202) 564-5641, e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. How Can I Get Copies of This Document and Other Related Information?

    This Federal Register notice, the petition for reconsideration, and 
the letter denying the petition for reconsideration are available in 
the docket that EPA established for the Exceptional Events Rule (docket 
number EPA-HQ-OAR-2005-0159). The table below identifies the petition 
received by EPA, the date EPA received the petition, the document 
identification number for the petition, the date of EPA's response, and 
the document identification number for EPA's response. (Note that all 
the document numbers listed in the table are in the form of ``EPA-HQ-
OAR-XXXX-XXXX-xxxx.'')

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                                                      Date of        Petition:                     EPA response:
                   Petitioner                       petition to    Document No.     Date of EPA    Document No.
                                                        EPA          in docket       response        in docket
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Natural Resources Defense Council...............       5/21/2007            0163      11/05/2007            0175
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[[Page 71073]]

    All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., confidential business 
information (CBI) 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 (Air Docket), EPA/DC, EPA West, 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 Air Docket is (202) 566-1742.

II. Judicial Review

    Section 307(b)(1) of the CAA indicates which Federal Courts of 
Appeal have venue for petitions for review of final actions by EPA. 
This section provides, in part, that 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 of nationwide scope and effect for purposes of 
section 307(b)(1) because EPA previously found the Exceptional Events 
Rule to be of nationwide scope and effect. Thus, any petitions for 
review of the letters denying the petitions for reconsideration 
described in this Notice must be filed in the Court of Appeals for the 
District of Columbia Circuit within 60 days from the date this Notice 
is published in the Federal Register.

    Dated: December 10, 2007.
Robert J. Meyers,
Principal Deputy Assistant Administrator, Office of Air and Radiation.
[FR Doc. E7-24242 Filed 12-13-07; 8:45 am]
BILLING CODE 6560-50-P