[Federal Register Volume 72, Number 124 (Thursday, June 28, 2007)]
[Rules and Regulations]
[Pages 35354-35355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3188]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51, 52, 72, 73, 74, 78, 96, and 97

[EPA-HQ-OAR-2004-0076; FRL-8333-1]
RIN 2060-AM99


Rulemaking on Section 126 Petition From North Carolina To Reduce 
Interstate Transport of Fine Particulate Matter and Ozone; Federal 
Implementation Plans To Reduce Interstate Transport of Fine Particulate 
Matter and Ozone: Notice of Actions Denying Petitions for 
Reconsideration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Actions Denying Petitions for Reconsideration.

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SUMMARY: The EPA is providing notice that it has responded to 4 
petitions for reconsideration of a final rule published in the Federal 
Register on April 28, 2006. The rule promulgated Federal implementation 
plans (FIPs) for the Clean Air Interstate Rule (CAIR) and responded to 
a petition from North Carolina that was submitted under section 126 of 
the Clean Air Act (CAIR FIPs-Section 126 Rule). Subsequent to 
publishing the rule, EPA received 4 petitions for reconsideration from 
ARRIPA (dated June 26, 2006), Colver

[[Page 35355]]

Power Project (dated June 27, 2006), the State of North Carolina (dated 
June 26, 2006), and Southern Environmental Law Center (on behalf of 
Southern Environmental Law Center, Sierra Club, and Environment North 
Carolina) (dated June 27, 2006). The EPA considered the petitions and 
supporting information along with information contained in the 
rulemaking docket (Docket No. EPA-OAR-HQ-2004-0076) in reaching a 
decision on the petitions. EPA Administrator Stephen L. Johnson denied 
the petitions for reconsideration in separate letters to the 
petitioners dated February 27, 2007 to ARRIPA and to Colver Power 
Project and dated May 7, 2007 to Southern Environmental Law Center and 
to the State of North Carolina. The letters explain EPA's reasons for 
the denials.

FOR FURTHER INFORMATION CONTACT: Sonja Rodman, U.S. EPA, Office of 
General Counsel, Mail Coder 2344A, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460, telephone (202) 564-4097, e-mail at 
<a href="/cdn-cgi/l/email-protection#61130e050c000f4f120e0f0b00210411004f060e17"><span class="__cf_email__" data-cfemail="e0928f848d818ece938f8e8a81a0859081ce878f96">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. How Can I Get Copies of This Document and Other Related Information?

    This Federal Register notice, the petitions for reconsideration, 
and the letters denying the petitions for reconsideration are available 
in the docket that EPA established for the CAIR FIRs-Section 126 Rule 
under Docket ID No. EPA-HQ-OAR-2004-0076. The document identification 
numbers for the petitions for reconsideration are: ARRIPA, EPA-HQ-OAR-
2004-0076-0284; North Carolina, EPA-HQ-OAR-2004-0076-0293.1 (petition) 
and EPA-HQ-OAR-2004-0076-0293.2 through EPA-HQ-OAR-2004-0076-0293.21 
(supporting materials); and Southern Environmental Law Center, Sierra 
Club, and Environment North Carolina, EPA-HQ-OAR-2004-0076-0233. The 
document identification numbers for EPA's response letters are: to 
ARRIPA, EPA-HQ-OAR-2004-0076-0307; to Colver Power Project, EPA-HQ-OAR-
2004-0076-0308; to North Carolina, EPA-HQ-OAR-2004-0076-0305; and to 
Southern Environmental Law Center, EPA-HQ-OAR-2004-0076-0306.
    All documents in the docket are listed on the 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 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.
    This Federal Register notice, the petitions for reconsideration, 
and the letters denying the petitions can also be found on EPA's Web 
site http://www.epa.gov/cair. The CAIR FIPs-Section 126 Rule was 
published in the Federal Register on April 28, 2006 at 71 FR 25328.

II. Judicial Review

    Section 307(b)(1) of the Clean Air Act indicates which Federal 
Courts of Appeals have venue for petitions for review of final actions 
by EPA. This section provides, in part, that the 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 actions denying the petitions for 
reconsideration are of nationwide scope and effect for purposes of 
section 307(d)(1) because the actions directly affect the CAIR FIPs-
Section 126 Rule, which previously was found 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: June 22, 2007.
Stephen D. Page,
Director, Office of Air Quality Planning and Standards.
[FR Doc. 07-3188 Filed 6-27-07; 8:45 am]
BILLING CODE 6560-50-M


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