
[Federal Register: June 1, 2009 (Volume 74, Number 103)]
[Rules and Regulations]               
[Page 26098-26099]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jn09-9]                         

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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: deroeck.dan@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 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]

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Sec.  52.21  [Amended]

0
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]

BILLING CODE 6560-50-P
