[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]



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].


I. Where can I get copies of this document and other related 

    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, 

    Dated: December 27, 2012.
Gina McCarthy,
Assistant Administrator, Office of Air and Radiation.
[FR Doc. 2012-31742 Filed 1-9-13; 8:45 am]