[Federal Register Volume 75, Number 44 (Monday, March 8, 2010)]
[Rules and Regulations]
[Pages 10415-10416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4700]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2006-0609; FRL-9123-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Wisconsin; NSR Reform Regulations--Notice of Action Denying Petition 
for Reconsideration and Request for Administrative Stay

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; action denying petition for reconsideration and 
request for administrative stay.

-----------------------------------------------------------------------

SUMMARY: 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 final rule titled, ``Approval and Promulgation of Air 
Quality Implementation Plans; Wisconsin; NSR Reform Regulations, Rule 
AM-06-04'' published December 17, 2008. The final rule approved certain 
revisions to Wisconsin's Prevention of Significant Deterioration and 
Nonattainment New Source Review (NSR) construction permit programs, 
which Wisconsin submitted on May 25, 2006. The Wisconsin Department of 
Natural Resources sought approval of rule AM-06-04 to implement the NSR 
Reform provisions that were not vacated by the United States Court of 
Appeals for the District of Columbia (DC Circuit) in New York v. EPA. 
On February 17, 2009, EPA received a petition for reconsideration 
pursuant to section 307(d)(7)(B) of the Clean Air Act (CAA) from the 
Natural Resources Defense Council (NRDC) and Sierra Club. The petition 
also requested that EPA stay implementation of certain provisions of 
the final rule pending its reconsideration. The EPA considered the 
petition for reconsideration and request for an administrative stay, 
along with information contained in the rulemaking docket, in reaching 
a decision on both the petition and request for a stay. The EPA 
Administrator, Lisa P. Jackson, denied both the petition for 
reconsideration and request for stay in letters to the petitioners 
dated January 19, 2010.

FOR FURTHER INFORMATION CONTACT: Mr. David Painter, Air Quality Policy 
Division, (C 504-03), U.S. Environmental Protection Agency, Research 
Triangle Park, NC 27711; telephone number: (919) 541-5515; or e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION:

[[Page 10416]]

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 and request for an 
administrative stay during the reconsideration are available in the 
docket that has been established for this action under Docket ID No. 
EPA-R05-OAR-2006-0609. All documents in the docket are listed on the 
http://www.regulations.gov Web site. Publicly available docket 
materials are available in hard copy at: Environmental Protection 
Agency, Region 5, Air and Radiation Division, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. 
We recommend that you contact Danny Marcus, Environmental Engineer, at 
(312) 353-8781 before visiting the Region 5 office.
    In addition to being available in the docket, an electronic copy of 
each of these documents will be available on the World Wide Web. 
Following signature by the Assistant Administrator, Office of Air and 
Radiation, a copy of this notice will be posted on EPA's NSR 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 May 7, 2010.

    Dated: February 26, 2010.
Gina McCarthy,
Assistant Administrator, Office of Air and Radiation.
[FR Doc. 2010-4700 Filed 3-5-10; 8:45 am]
BILLING CODE 6560-50-P