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Air Quality Designations for the 2008 Ozone National Ambient Air Quality Standards: Notice of Actions Denying Petitions for Reconsideration and Stay Requests

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Information about this document as published in the Federal Register.

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Environmental Protection Agency (EPA).


Notice of actions denying petitions for reconsideration and stay requests.


The EPA is providing notice that it has responded to petitions for reconsideration of rules published in the Federal Register on May 21, 2012, and June 11, 2012, that together promulgated the initial air quality designations for the 2008 ozone national ambient air quality standards for all areas in the United States. The rules are titled, “Air Quality Designations for the 2008 Ozone National Ambient Air Quality Standards,” and “Air Quality Designations for the 2008 Ozone National Ambient Air Quality Standards for Several Counties in Illinois, Indiana, and Wisconsin; Corrections to Inadvertent Errors in Prior Designations.” Subsequent to publishing the rules, during the time period from June through October 2012, the EPA received numerous petitions requesting that the EPA reconsider its designation decisions for certain areas. The EPA carefully considered the petitions and supporting information, along with information contained in the rulemaking docket, in reaching decisions on the petitions. The EPA denied all the petitions for reconsideration in separate letters to the petitioners dated December 14, 2012. The letters explain the EPA's reasons for the denials. Four petitioners also requested that the EPA stay the effectiveness of the designation rule as it applies for a particular area, pending reconsideration. Because the EPA denied the reconsideration requests, the EPA also denied the stay requests.

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Carla Oldham, Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Mail Code C539-04, Research Triangle Park, N.C. 27711, phone number (919) 541-3347 or by email at:

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I. Where can I get copies of this document and other related information?

This Federal Register notice, the petitions for reconsideration, and the response letters to the petitioners are available in the docket that the EPA established for the rulemakings to promulgate the air quality designations for the 2008 ozone standards under Docket ID NO. EPA-HQ-OAR-2008-0476. The table below identifies the Petitioners, the dates the EPA received the Petitions, the document identification number of the Petitions, the date of the EPA's responses, and the document identification number for the EPA's responses.

PetitionersDates of petitions to the EPAPetition: Document No. in docketDate of the EPA responseThe EPA response: Document No. in docket
Atlanta, GA Nonattainment Area
Georgia Environmental Protection DivisionJuly 20, 20120695December 14, 20120726
Charlotte, NC-SC Nonattainment Area
South Carolina Department of Health and Environmental ControlJuly 20, 20120698December 14, 20120727
US Senators Graham and DeMint and US Congressman Mulvaney from SCJuly 19, 20120699December 14, 20120722
York County, SCJuly 24, 20120700December 14, 20120721
Knoxville, TN Nonattainment Area
Anderson, Blount, and Knox Counties, TNJuly 20, 2012 and October 16, 20120696December 14, 20120717
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Memphis, TN-MS-AR Nonattainment Area
DeSoto County, MSJuly 17, 20120697December 14, 20120723
Shelby County, TNJuly 20, 2012 and September 18, 20120702December 14, 20120718
State of MississippiJuly 17, 20120701December 14, 20120756
State of TennesseeJuly 19, 20120703December 14, 20120719
Chicago-Naperville, IL-IN-WI Nonattainment Area
Indiana Department of Environmental ManagementAugust 10, 20120724December 14, 20120728
Dallas-Fort Worth, TX Nonattainment Area
Bridgeport Area Chamber of Commerce, TXJuly 17, 20120730December 14, 20120742
Chico City Council, TXJuly 18, 20120706December 14, 20120732
City of Bridgeport, TXJuly 20, 20120735December 14, 20120745
City of Boyd, TXAugust 7, 20120707December 14, 20120731
City of Runaway Bay, TXJuly 17, 20120708December 14, 20120746
Corporation for Economic Development for the City of BridgeportJuly 17, 20120754December 14, 20120743
Devon Energy CorporationJuly 20, 2012 and October 30, 20120714December 14, 20120736
Gas Processors Association and Texas Pipeline AssociationJuly 20, 2012 and October 30, 20120709December 14, 20120738
Look Local Wise County Task Force, TXJuly 18, 20120720December 14, 20120747
Martin Marietta MaterialsJuly 20, 20120752December 14, 20120739
Mauldin Pharmacy, Inc. dba Valu-Rite PharmacyJuly 17, 20120704December 14, 20120737
Newark City Council, TXJuly 19, 20120744December 14, 20120750
Runaway Bay Economic Development CorporationJuly 12, 20120729December 14, 20120733
Targa Resources CorporationJuly 20, 20120715December 14, 20120748
Texas Commission on Environmental QualityJuly 18, 20120713December 14, 20120753
TXI Operations, LPJuly 19, 20120710December 14, 20120740
U.S. PlyJuly 17, 20120749December 14, 20120734
Wayne Smith, Texas House of RepresentativesJuly 12, 20120705December 14, 20120755
Wise County, TXJune 15, 20120725December 14, 20120741
Uinta Basin, UT Unclassifiable Area
WildEarth Guardians, Southern Utah Wilderness Alliance and Utah Physicians for a Healthy EnvironmentJuly 19, 20120711December 14, 20120751
Multiple Unclassifiable/Attainment Areas
Sierra ClubJuly 20, 20120712December 14, 20120716
Note: All document numbers listed in the table are in the form of “EPA-HQ-OAR-2008-0476-xxxx.”

All documents in the docket are listed in the index at 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 the Office of Air and Radiation Docket and Information Center is (202) 566-1742.

In addition, the EPA has established a Web site for the ozone designations rulemakings at:​ozonedesignations. This Federal Register notice, the petitions for reconsideration, and the response letters to the petitions are also available on this Web site along with other information relevant to the designation process.Start Printed Page 927

II. Judicial Review

Section 307(b)(1) of the Clean Air Act 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 rules establishing air quality designations for the 2008 ozone national ambient air quality standards, the EPA determined that the actions are of nationwide scope and effect for the purposes of section 307(b)(1). (See 77 FR 30088; May 21, 2012 and 77 FR 34221; June 11, 2012.)

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 ozone designations rulemakings 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 March 8, 2013.

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Dated: December 27, 2012.

Gina McCarthy,

Assistant Administrator, Office of Air and Radiation.

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[FR Doc. 2013-00053 Filed 1-4-13; 8:45 am]