[Federal Register Volume 74, Number 103 (Monday, June 1, 2009)]
[Rules and Regulations]
[Pages 26098-26099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12572]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 51 and 52
[EPA-HQ-OAR-2003-0062; FRL-8910-6]
RIN 2060-AN86
Implementation of the New Source Review Program for Particulate
Matter Less Than 2.5 Micrometers (PM2.5)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; notice of grant of reconsideration and
administrative stay of regulation.
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SUMMARY: The Environmental Protection Agency (EPA or Agency) is
providing notice that through a letter signed on April 24, 2009, EPA
has granted a petition for reconsideration dated February 10, 2009,
submitted by Earthjustice on behalf of the National Resources Defense
Council (NRDC) and the Sierra Club, with respect to the final rule
titled, ``Implementation of the New Source Review (NSR) Program for
Particulate Matter Less Than 2.5 Micrometers (PM2.5),''
published on May 16, 2008. In addition, EPA has administratively stayed
one of the provisions to which the petitioners objected--a
``grandfathering'' provision for PM2.5 contained in the
federal prevention of significant deterioration (PSD) program. The EPA
will publish notification in the Federal Register establishing a
comment period and opportunity for a public hearing for the
reconsideration proceeding.
The petition for reconsideration and request for administrative
stay can be found in the docket for the May 16, 2008 rule. The EPA
considered the petition for reconsideration and request for stay, along
with information contained in the rulemaking docket, in reaching a
decision on both the reconsideration and the stay.
DATES: Effective June 1, 2009, 40 CFR 52.21(i)(1)(xi) is stayed for a
period of three months, until September 1, 2009.
FOR FURTHER INFORMATION CONTACT: Mr. Dan deRoeck, Air Quality Policy
Division, (C504-03), U.S. Environmental Protection Agency, Research
Triangle Park, NC 27711; telephone number: (919) 541-5593; or e-mail
address: [email protected].
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 granting reconsideration and an administrative stay of the
grandfathering provision under the federal PSD program at 40 CFR
52.21(i)(1)(xi) are available in the docket that EPA has established
for the final rule titled ``Implementation of the New Source Review
(NSR) Program for Particulate Matter Less Than 2.5 Micrometers
(PM2.5),'' published on May 16, 2008 at 73 FR 28321, under
Docket ID No. EPA-HQ-OAR-2003-0062. The table below identifies the
petitioner, 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.
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Petition: EPA response:
Petitioner Date of Document No. in Date of EPA Document No. in
petition to EPA docket response docket
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National Resources Defense Council/Sierra 2/10/2009 0281 4/24/2009 0282
Club.......................................
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Note that all document numbers listed in the table are in the form
of ``EPA-HQ-OAR-2003-0062-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-2003-0062, EPA West,
Room 3334, 1301 Constitution Avenue, Northwest, 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.
In addition to being available in the docket, an electronic copy of
this Federal Register notice and EPA's response letter to the
petitioners are also available on the World Wide Web at http://www.epa.gov/nsr.
II. Judicial Review
Under Clean Air Act section 307(b), judicial review of the Agency's
decision concerning the stay is available only by
[[Page 26099]]
filing a petition for review in the U.S. Court of Appeals for the
District of Columbia Circuit on or before July 31, 2009.
Dated: May 22, 2009.
Lisa P. Jackson,
Administrator.
0
For reasons discussed in the preamble, the EPA amends 40 CFR part 52 as
follows:
PART 52--[AMENDED]
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Sec. 52.21 [Amended]
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2. Effective June 1, 2009, in Sec. 52.21, paragraph (i)(1)(xi) is
administratively stayed until September 1, 2009.
[FR Doc. E9-12572 Filed 5-29-09; 8:45 am]
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