[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 mataway-novak.dylan@epa.gov.

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]
BILLING CODE 6560-50-P


