[Federal Register Volume 79, Number 164 (Monday, August 25, 2014)]
[Proposed Rules]
[Pages 50577-50578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20216]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-HQ-OAR-2012-0233; FRL-9915-73-OAR]


Air Quality Designations for the 2010 Sulfur Dioxide (SO2) 
Primary National Ambient Air Quality Standard: Notice of Action Denying 
Petitions for Reconsideration and Stay Request

AGENCY: Environmental Protection Agency.

ACTION: Action denying petitions for reconsideration and stay request.

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SUMMARY: The Environmental Protection Agency (EPA) is providing notice 
that it has responded to two petitions for reconsideration of a rule 
published in the Federal Register on August 5, 2013, that promulgated 
the initial air quality designations for the 2010 Primary 
SO2 National Ambient Air Quality Standard (NAAQS) for 
certain areas in the United States. The rule is titled ``Air Quality 
Designations for the 2010 Sulfur Dioxide (SO2) Primary 
National

[[Page 50578]]

Ambient Air Quality Standard.'' One petition was submitted by the 
Treasure State Resource Industry Association and Yellowstone County, 
and the other petition was submitted by the Montana Sulphur and 
Chemical Company (the Petitioners). The EPA carefully considered these 
petitions and supporting information, along with information contained 
in the rulemaking docket, in reaching decisions on these petitions. The 
EPA denied the petitions for reconsideration in separate letters to the 
Petitioners dated August 14, 2014. The letters explain the EPA's 
reasons for the denials. One of the Petitioners also requested that the 
EPA stay the effectiveness of the designations rule, pending 
reconsideration. Because the EPA denied the reconsideration requests, 
the EPA also denied the stay request.

DATES: The petitions for reconsideration and stay request were denied 
August 14, 2014.

FOR FURTHER INFORMATION CONTACT: Rhonda Wright, Air Quality Policy 
Division, Office of Air Quality Planning and Standards, U.S. 
Environmental Protection Agency, Mail code C539-04, Research Triangle 
Park, NC 27711; telephone: (919) 541-1087; email: 
[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 response letters to the Petitioners are available in the EPA's 
docket established for the rulemaking to promulgate the air quality 
designations for the 2010 SO2 NAAQS, under Docket ID No. 
EPA-HQ-OAR-2012-0233. The table below identifies the Petitioners, the 
date the EPA received the petitions, the document identification number 
of the petitions, the date of the EPA's responses and the document 
identification numbers for the EPA's responses.

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                                                           Petition:                          The EPA response:
           Petitioner              Dates of petitions    document No.     Date of the EPA      document No. in
                                       to the EPA          in docket          response              docket
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                                         Billings, MO Nonattainment Area
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Montana Sulphur & Chemical        October 4, 2013.....           -0356  August 14, 2014....  [INSERT No.]
 Company.
Treasure State Resource Industry  November 26, 2013...           -0360  August 14, 2014....  [INSERT No.]
 Association and Yellowstone
 County.
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    All documents in the docket are listed in the index at http://www.regulations.gov. Although listed in the index, some information is 
not publicly available, e.g., confidential business information or 
other information where 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 EPA's Docket 
Center, Public Reading Room, U.S. Environmental Protection Agency, 
William Jefferson Clinton West Building, 1301 Constitution Avenue, 
Northwest, Room 3334, Washington, DC 20004. This Docket Center 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.
    In addition, the EPA has established a Web site for the 
SO2 designations rulemaking at http://www.epa.gov/so2designations. This Federal Register notice, the petitions for 
reconsideration and the response letters to the Petitioners are also 
available on this Web site along with other information relevant to the 
designations process.

II. Judicial Review

    Section 307(b)(1) of the Clean Air Act indicates which Federal 
Courts of Appeal have venue for petitions for review of final actions 
by the EPA. This section provides, in part, that petitions for review 
must be filed in the Court of Appeals for the District of Columbia 
Circuit (i) when the agency action consists of ``nationally applicable 
regulations promulgated, or final actions taken, by the 
Administrator,'' or (ii) when such action is 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.'' In 
the rule establishing air quality designations for the 2010 
SO2 NAAQS, the EPA determined that the actions are of 
nationwide scope and effect for the purposes of section 307(b)(1). [See 
78 FR 47191, 47197 (August 5, 2013)].
    The EPA has determined that its actions denying these petitions for 
reconsideration also are of nationwide scope and effect because they 
directly relate to the SO2 designations rulemaking that the 
EPA previously determined is of nationwide scope and effect. Thus, any 
petition for review of the final letters denying the petitions for 
reconsideration must be filed in the Court of Appeals for the District 
of Columbia Circuit on or before October 24, 2014.

    Dated: August 15, 2014.
Janet McCabe,
Acting Assistant Administrator, Office of Air Radiation.
[FR Doc. 2014-20216 Filed 8-22-14; 8:45 am]
BILLING CODE 6560-50-P