[Federal Register Volume 85, Number 80 (Friday, April 24, 2020)]
[Proposed Rules]
[Pages 22977-22978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08026]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-HQ-OAR-2017-0548; FRL-10007-89-OAR]
Additional Air Quality Designations for the 2015 Ozone National
Ambient Air Quality Standards: Notice of Action Denying Petition for
Reconsideration of Uinta Basin, Utah Designation
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of action denying petition for reconsideration.
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SUMMARY: The Environmental Protection Agency (EPA) is providing notice
that it has responded to a petition for reconsideration of a rule
published in the Federal Register on June 4, 2018 titled, ``Additional
Air Quality Designations for the 2015 Ozone National Ambient Air
Quality Standards,'' that promulgated initial ozone air quality
designations for certain areas in the United States. The August 3,
2018, petition, submitted on behalf of Patel Industrial Park, requested
that the EPA reconsider the nonattainment designation for the Uinta
Basin, Utah area. The petition also requested that the EPA stay the
designation rule as it applies to the Uinta Basin, Utah area, pending
reconsideration. The EPA carefully considered the petition and
supporting information, along with information contained in the
rulemaking docket, in reaching its decision on the petition. The EPA
denied the petition for reconsideration in a letter to the petitioner
and the letter has been included in the rulemaking docket. The letter
explains the EPA's basis for the denial. Because the EPA denied the
reconsideration request, the EPA also denied the stay request.
DATES: April 24, 2020.
ADDRESSES: Office of Air Quality Planning and Standards, U.S.
Environmental Protection Agency, Mail Code C539-04, Research Triangle
Park, NC 27711.
FOR FURTHER INFORMATION CONTACT: Carla Oldham, Office of Air Quality
Planning and Standards, U.S. Environmental Protection Agency, Mail Code
C539-04, Research Triangle Park, NC 27711, phone number (919) 541-3347
or by email at: [email protected].
SUPPLEMENTARY INFORMATION:
I. Where can I get copies of this document and other related
information?
This Federal Register notice, the petition for reconsideration,\1\
and the response letter to the petitioner are available in the docket
that the EPA established for the rulemakings to promulgate the air
quality designations for the 2015 ozone standards, under Docket ID No.
EPA-HQ-OAR-2017-0548.
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\1\ Although the petitioner framed its request under Clean Air
Act (CAA) section 307(d)(7)(B), that provision is not applicable
here because the Agency action at issue was not promulgated under
CAA section 307(d). Therefore, we are responding to the request as a
petition to revise or modify the EPA's final rule under the
Administrative Procedure Act. Use of the term ``petition for
reconsideration'' throughout this notice is solely to reflect the
language used by the petitioner.
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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, 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. The EPA
is temporarily suspending its Docket Center and Reading Room for public
visitors to reduce the risk of transmitting COVID-19. Written comments
submitted by mail will be delayed and no hand deliveries will be
accepted. Our Docket Center staff will continue to provide remote
customer service via email, phone, and webform. For further information
and updates on EPA Docket Center services, please visit us online at
https://www.epa.gov/dockets.
The EPA continues to carefully and continuously monitor information
from the Centers for Disease Control and Prevention, local area health
departments, and our Federal partners so we can respond rapidly as
conditions change regarding COVID-19.
In addition, the EPA has established a website for the ozone
designations rulemakings at: http://www.epa.gov/ozone-designations.
This Federal Register notice, the petition for reconsideration, and the
response letter denying the petition are also available on this website
along with other information relevant to the designation process.
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.''
The EPA's action is a denial of an administrative petition
requesting reconsideration of an aspect of a nationally applicable
action, ``Additional Air Quality Designations for the 2015 Ozone
National Ambient Air Quality Standards,'' that is currently being
challenged in the Court of Appeals for the District of Columbia
Circuit.\2\ To the extent a court finds the EPA's action denying the
administrative petition to be locally or regionally applicable, the EPA
finds that the action is based on a determination of ``nationwide scope
or effect'' within the meaning of CAA section 307(b)(1). The action
addresses an administrative petition for the EPA to reconsider its
previous action that designated 51 nonattainment areas, 1
unclassifiable
[[Page 22978]]
area, and numerous attainment/unclassifiable areas located in 32 states
and the District of Columbia and 11 federal judicial circuits. This
final action is also based on a common core of factual findings and
analyses concerning the interaction between the EPA's June 4, 2018,
ozone designations rulemaking and the EPA's Exceptional Event Rule,
titled, ``Treatment of Data Influenced by Exceptional Events'' (81 FR
68216, October 3, 2016).
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\2\ Clean Wisconsin v. EPA, No. 18-1203 (D.C. Cir., August 1,
2018).
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For these reasons, the action is nationally applicable or,
alternatively, to the extent a court finds this action to be locally or
regionally applicable, the Administrator has determined that the action
is based on a determination of nationwide scope or effect for purposes
of CAA section 307(b)(1). Thus, pursuant to CAA section 307(b), any
petition for review of the final letter denying the petition for
reconsideration from Patel Industrial Park must be filed in the Court
of Appeals for the District of Columbia Circuit on or before June 23,
2020.
Andrew Wheeler,
Administrator.
[FR Doc. 2020-08026 Filed 4-23-20; 8:45 am]
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