[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: oldham.carla@epa.gov.

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]
 BILLING CODE 6560-50-P


