Approval and Promulgation of Air Quality Implementation Plans: Wisconsin; NSR Reform Regulations; Denial of Petition
Federal Register: March 8, 2010 (Volume 75, Number 44)
Rules and Regulations
Page 10415-10416
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr08mr10-8
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52
EPA-R05-OAR-2006-0609; FRL-9123-4
Approval and Promulgation of Air Quality Implementation Plans;
Wisconsin; NSR Reform Regulations--Notice of Action Denying Petition for Reconsideration and Request for Administrative Stay
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; action denying petition for reconsideration and request for administrative stay.
SUMMARY: EPA is providing notice that it has responded to a petition for reconsideration and a request for an administrative stay of certain provisions of the final rule titled, ``Approval and Promulgation of Air
Quality Implementation Plans; Wisconsin; NSR Reform Regulations, Rule
AM-06-04'' published December 17, 2008. The final rule approved certain revisions to Wisconsin's Prevention of Significant Deterioration and
Nonattainment New Source Review (NSR) construction permit programs, which Wisconsin submitted on May 25, 2006. The Wisconsin Department of
Natural Resources sought approval of rule AM-06-04 to implement the NSR
Reform provisions that were not vacated by the United States Court of
Appeals for the District of Columbia (DC Circuit) in New York v. EPA.
On February 17, 2009, EPA received a petition for reconsideration pursuant to section 307(d)(7)(B) of the Clean Air Act (CAA) from the
Natural Resources Defense Council (NRDC) and Sierra Club. The petition also requested that EPA stay implementation of certain provisions of the final rule pending its reconsideration. The EPA considered the petition for reconsideration and request for an administrative stay, along with information contained in the rulemaking docket, in reaching a decision on both the petition and request for a stay. The EPA
Administrator, Lisa P. Jackson, denied both the petition for reconsideration and request for stay in letters to the petitioners dated January 19, 2010.
FOR FURTHER INFORMATION CONTACT: Mr. David Painter, Air Quality Policy
Division, (C 504-03), U.S. Environmental Protection Agency, Research
Triangle Park, NC 27711; telephone number: (919) 541-5515; or e-mail address: painter.david@epa.gov.
SUPPLEMENTARY INFORMATION:
Page 10416
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How Can I Get Copies of This Document and Other Related Information?
This Federal Register notice, the petition for reconsideration, and the letter denying the petition for reconsideration and request for an administrative stay during the reconsideration are available in the docket that has been established for this action under Docket ID No.
EPA-R05-OAR-2006-0609. All documents in the docket are listed on the http://www.regulations.gov Web site. Publicly available docket materials are available in hard copy at: Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.
We recommend that you contact Danny Marcus, Environmental Engineer, at
(312) 353-8781 before visiting the Region 5 office.
In addition to being available in the docket, an electronic copy of each of these documents will be available on the World Wide Web.
Following signature by the Assistant Administrator, Office of Air and
Radiation, a copy of this notice will be posted on EPA's NSR Web site, under Regulations & Standards, at http://www.epa.gov/nsr.
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Judicial Review
Under CAA section 307(b), judicial review of this final action is available only by filing a petition for review in the U.S. Court of
Appeals for the District of Columbia Circuit on or before May 7, 2010.
Dated: February 26, 2010.
Gina McCarthy,
Assistant Administrator, Office of Air and Radiation.
FR Doc. 2010-4700 Filed 3-5-10; 8:45 am
BILLING CODE 6560-50-P
