[Federal Register: December 14, 2007 (Volume 72, Number 240)]
[Rules and Regulations]
[Page 71072-71073]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14de07-9]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 50 and 51
[EPA-HQ-OAR-2005-0159; FRL-8506-6]
RIN 2060-AN40
Exceptional Events Rule; Notice of Action Denying Petition for
Reconsideration
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Action Denying Petition for Reconsideration.
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SUMMARY: The EPA is providing notice that it has responded to a
petition for reconsideration of the Exceptional Events Rule (EER). On
March 22, 2007, EPA finalized a rule in the Federal Register to govern
the review and handling of air quality monitoring data influenced by
exceptional events. Section 319 of the Clean Air Act (CAA), as amended
by section 6013 of the Safe Accountable Flexible Efficient-
Transportation Equity Act: A Legacy for Users (SAFE-TEA-LU) of 2005
required the Administrator to publish a proposed rule in the Federal
Register by March 1, 2006. Further, SAFE-TEA-LU required the EPA
Administrator to publish a final rule within 1 year of the proposal.
The final rule on the ``Treatment of Data Influenced by Exceptional
Events'' became effective on May 21, 2007. Subsequent to the
publication of this action, a petition for reconsideration from the
Natural Resources Defense Council (NRDC) was received by EPA on May 21,
2007, signed by John D. Walke; Director, Clean Air Program; Natural
Resources Defense Council; 1200 New York Avenue, NW., Suite 400,
Washington, DC 20005-3928. The EPA considered the petition and
supporting information along with information contained in the
rulemaking docket (Docket number EPA-HQ-OAR-2005-0159-0163) in reaching
a decision on the petitions. EPA Administrator Stephen L. Johnson
denied the petition for reconsideration in a letter to the petitioner
dated November 5, 2007. The letter documents EPA's reasons for the
denial.
FOR FURTHER INFORMATION CONTACT: Padmini Singh, U.S. EPA, Office of
General Counsel, Mail Code 2344A, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460, telephone (202) 564-5641, e-mail at
singh.padmini@epa.gov.
SUPPLEMENTARY INFORMATION:
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 are available in
the docket that EPA established for the Exceptional Events Rule (docket
number EPA-HQ-OAR-2005-0159). The table below identifies the petition
received by EPA, the date EPA received the petition, the document
identification number for the petition, the date of EPA's response, and
the document identification number for EPA's response. (Note that all
the document numbers listed in the table are in the form of ``EPA-HQ-
OAR-XXXX-XXXX-xxxx.'')
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Date of Petition: EPA response:
Petitioner petition to Document No. Date of EPA Document No.
EPA in docket response in docket
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Natural Resources Defense Council............... 5/21/2007 0163 11/05/2007 0175
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[[Page 71073]]
All documents in the docket are listed on the http://www.regulations.gov
Web site. Although listed in the index, some
information is not publicly available, e.g., confidential business
information (CBI) 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 (Air Docket), EPA/DC, EPA West, 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 Air Docket is (202) 566-1742.
II. Judicial Review
Section 307(b)(1) of the CAA indicates which Federal Courts of
Appeal have venue for petitions for review of final actions by EPA.
This section provides, in part, that petitions for review must be filed
in the Court of Appeals for the District of Columbia Circuit if: (i)
The agency action consists of ``nationally applicable regulations
promulgated, or final action taken, by the Administrator,'' or (ii)
such actions are 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 for
reconsideration is of nationwide scope and effect for purposes of
section 307(b)(1) because EPA previously found the Exceptional Events
Rule to be of nationwide scope and effect. Thus, any petitions for
review of the letters denying the petitions for reconsideration
described in this Notice must be filed in the Court of Appeals for the
District of Columbia Circuit within 60 days from the date this Notice
is published in the Federal Register.
Dated: December 10, 2007.
Robert J. Meyers,
Principal Deputy Assistant Administrator, Office of Air and Radiation.
[FR Doc. E7-24242 Filed 12-13-07; 8:45 am]
BILLING CODE 6560-50-P