[Federal Register Volume 84, Number 215 (Wednesday, November 6, 2019)]
[Proposed Rules]
[Pages 59743-59744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23711]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 51, 52, 70, and 71
[EPA-HQ-OAR-2006-0089; FRL-10001-61-OAR]
Prevention of Significant Deterioration, Nonattainment New Source
Review, and Title V: Treatment of Corn Milling Facilities Under the
``Major Emitting Facility'' Definition; Reconsideration
AGENCY: Environmental Protection Agency (EPA).
ACTION: Partial grant and partial denial of a petition for
reconsideration.
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SUMMARY: On March 2, 2009, the Natural Resource Defense Council (NRDC)
submitted a petition for reconsideration (the NRDC Petition) of the
rule ``Prevention of Significant Deterioration, Nonattainment New
Source Review and Title V: Treatment of Certain Ethanol Production
Facilities Under the `Major Emitting Facility' Definition'' (the
Ethanol Rule), published in the Federal Register on May 1, 2007. The
Ethanol Rule reinterpreted the component term ``chemical process
plants'' within the statutory definition of ``major emitting facility''
and regulatory definitions of ``major stationary source'' under the
Prevention of Significant Deterioration and Nonattainment New Source
Review programs and ``major source'' under title V, to exclude all
facilities that produce ethanol through a natural fermentation process.
In response to the NRDC Petition, the Environmental Protection Agency
(EPA) grants the request for reconsideration with regard to NRDC's
claim that the Ethanol Rule did not appropriately address the Clean Air
Act (CAA) anti-backsliding requirements for nonattainment areas in the
Ethanol Rule. Therefore, the EPA is convening a proceeding for
reconsideration as provided for under the CAA. In the near future, the
EPA will publish a document in the Federal Register establishing a
comment period and opportunity for a hearing for this proceeding. With
regards to the other three claims raised in the NRDC Petition, the EPA
denies the request for reconsideration. For these claims, NRDC has
failed to establish that they meet the criteria for reconsideration
under the CAA.
DATES: November 6, 2019.
ADDRESSES: Office of Air Quality Planning and Standards, U.S.
Environmental Protection Agency, Mail Code C504-03, Research Triangle
Park, N.C. 27711,
FOR FURTHER INFORMATION CONTACT: Mr. Dylan Mataway-Novak, Office of Air
Quality Planning and Standards, U.S. Environmental Protection Agency,
Mail Code C504-03, Research Triangle Park, N.C. 27711, phone number
(919) 541-5795 or by email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Where can I get copies of this document and other related
information?
This Federal Register document, the petition for reconsideration,
and the response letter to the petitioner are available in the docket
that the EPA established for the Ethanol Rule under Docket ID NO. EPA-
HQ-OAR-2006-0089. 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, 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 in the docket or in hard copy at the 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
[[Page 59744]]
the Office of Air and Radiation Docket and Information Center is (202)
566-1742.
II. Judicial Review
Section 307(b)(1) of the CAA 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.'' In the Ethanol Rule, the EPA
determined that the action was of nationwide scope and effect for the
purposes of CAA section 307(b)(1). See 72 FR 24060, 24077 (May 1,
2007).
The EPA has determined that its actions denying the petitions for
reconsideration also are of nationwide scope and effect because these
actions directly relate to the Ethanol Rule that the EPA previously
determined are of nationwide scope and effect. Thus, any petitions 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 January 6, 2020.
Dated: October 22, 2019.
Andrew R. Wheeler,
Administrator.
[FR Doc. 2019-23711 Filed 11-5-19; 8:45 am]
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