[Federal Register Volume 79, Number 172 (Friday, September 5, 2014)]
[Proposed Rules]
[Pages 53008-53009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21075]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-HQ-OAR-2014-0563; FRL-9916-19-OAR]


Notice of Final Action on Petition From Sierra Club To 
Redesignate Newly Violating Ozone Areas as Nonattainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Action Denying Petition.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) is providing 
notice that it has responded to a petition from the Sierra Club that 
requests the EPA to redesignate as nonattainment 57 areas with 2012 
design values violating the 2008 national ambient air quality standards 
(NAAQS) for ozone. The petition also requests that the EPA set specific 
boundaries for the areas. The EPA Administrator denied the petition in 
letters to the signatories of the petition dated August 14, 2014. The 
letters explain the EPA's reasons for the denial and are available in 
the rulemaking docket.

DATES: The EPA's response to this petition was signed on August 15, 
2014. Any petitions for review of the final letters denying the 
petition to redesignate 57 areas to nonattainment for the 2008 ozone 
NAAQS must be filed in the Court of Appeals for the District of 
Columbia Circuit on or before November 4, 2014.

FOR FURTHER INFORMATION CONTACT: Carla Oldham, Office of Air Quality 
Planning and Standards (C539-04), U.S. Environmental Protection Agency, 
Research Triangle Park, NC 27711; telephone number: (919) 541-3347; 
email address: [email protected].

SUPPLEMENTARY INFORMATION:

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

    This Federal Register notice, the petition, and the letters denying 
the petition are available in the docket that the EPA has established 
under Docket ID No. EPA-HQ-OAR-2014-0563. The table below identifies 
the petitioner, the date of the petition, the document identification 
number for the petition, the date of the EPA's response, and the 
document identification number for the EPA's response.

[[Page 53009]]



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                                                           Petition:                            EPA  response:
           Petitioner              Date of petition    Document ID  No.       Date of EPA      Document ID  No.
                                        to EPA             in docket           response            in docket
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Sierra Club.....................         11/14/2013               -0002           8/14/2014     -0003 and -0004
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Note: The document ID numbers listed in the table are in the form of ``EPA-HQ-OAR-2014-0563-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 either 
electronically through http://www.regulations.gov or in hard copy at 
the EPA Docket Center, Docket ID No. EPA-HQ-OAR-2014-0563, EPA William 
Jefferson Clinton West Building, 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 EPA Docket Center is (202) 566-1742.

II. Judicial Review

    Section 307(b)(1) of the Clean Air Act indicates which Federal 
Courts of Appeal have venue for petitions of 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.''
    The EPA has determined that its action denying the petition to 
redesignate 57 areas to nonattainment for the 2008 ozone NAAQS is of 
nationwide scope and effect because this action addresses areas across 
the country. This is particularly appropriate because, in the report on 
the 1977 Amendments that revised section 307(b)(1) of the CAA, Congress 
noted that the Administrator's determination that an action is of 
``nationwide scope or effect'' would be appropriate for any action that 
has a scope or effect beyond a single judicial circuit. H.R. Rep. No. 
95-294 at 323, 324, reprinted in 1977 U.S.C.C.A.N. 1402-03. Here, the 
scope and effect of this final action extends to numerous judicial 
circuits across the country. In these circumstances, section 307(b)(1) 
and its legislative history calls for the Administrator to find the 
rule to be of ``nationwide scope or effect'' and for venue to be in the 
DC Circuit.
    Thus, any petitions for review of the final letters denying the 
petition to redesignate 57 areas to nonattainment for the 2008 ozone 
NAAQS must be filed in the Court of Appeals for the District of 
Columbia Circuit on or before November 4, 2014.

    Dated: August 15, 2014.
Janet McCabe,
Acting Assistant Administrator, Office of Air and Radiation.
[FR Doc. 2014-21075 Filed 9-4-14; 8:45 am]
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