[Federal Register Volume 77, Number 39 (Tuesday, February 28, 2012)]
[Rules and Regulations]
[Pages 11741-11742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4474]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2004-OH-0004; FRL-9635-2]


Approval and Promulgation of Air Quality Implementation Plans; 
Ohio; New Source Review Rules--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; Ohio; New Source Review Rules'' published 
February 25, 2010. The Ohio EPA

[[Page 11742]]

sought approval to implement the New Source Review (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. The final 
rule approved certain revisions to Ohio's NSR program, which Ohio 
submitted to EPA for review on September 14, 2004, under the Clean Air 
Act (CAA). Subsequently EPA received a petition dated April 26, 2010, 
for reconsideration from the Natural Resources Defense Council (NRDC). 
The petition also requested that EPA stay implementation of certain 
provisions of the final rule pending its reconsideration. 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. EPA Administrator, Lisa P. Jackson, denied both the petition for 
reconsideration and request for stay in a letter to the petitioner 
dated January 24, 2012. The letter explains the basis for the denial 
and is available as set forth below.

FOR FURTHER INFORMATION CONTACT: Andrea Morgan, Environmental Engineer, 
Air Permits Section, Air Programs Branch (AR-18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 353-6058, [email protected].

SUPPLEMENTARY INFORMATION:

I. How can I get copies of this document and other related information?

    This action, 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-2004-OH-0004. 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 Andrea Morgan, Environmental Engineer, at 
(312) 353-6058 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 
publication, a copy of this action 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 April 30, 
2012.

    Dated: February 13, 2012.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2012-4474 Filed 2-27-12; 8:45 am]
BILLING CODE 6560-50-P