Exceptional Events Rule; Notice of Action Denying Petition for Reconsideration, 71072-71073 [E7-24242]

Download as PDF 71072 Federal Register / Vol. 72, No. 240 / Friday, December 14, 2007 / Rules and Regulations 3. In appendix C to part 4022, Rate Set 171, as set forth below, is added to the table. I Appendix C to Part 4022—Lump Sum Interest Rates for Private-Sector Payments * For plans with a valuation date Rate set On or after * Before * Immediate annuity rate (percent) * 171 * * 01–1–08 02–1–08 3.00 * * Deferred annuities (percent) i1 i2 i3 * 4.00 4.00 n1 * n2 * * 4.00 7 8 Authority: 29 U.S.C. 1301(a), 1302(b)(3), 1341, 1344, 1362. PART 4044—ALLOCATION OF ASSETS IN SINGLE-EMPLOYER PLANS Appendix B to Part 4044—Interest Rates Used To Value Benefits 5. In appendix B to part 4044, a new entry for January 2008, as set forth below, is added to the table. * I 4. The authority citation for part 4044 continues to read as follows: I * * * * The values of it are: For valuation dates occurring in the month— it for t = it for t = it for t = * January 2008 * .0542 * 1–20 * .0449 * >20 * N/A * N/A Issued in Washington, DC, on this 10th day of December 2007. Vincent K. Snowbarger, Deputy Director, Pension Benefit Guaranty Corporation. [FR Doc. E7–24245 Filed 12–13–07; 8:45 am] BILLING CODE 7709–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 50 and 51 [EPA–HQ–OAR–2005–0159; FRL–8506–6] RIN 2060–AN40 Exceptional Events Rule; Notice of Action Denying Petition for Reconsideration Environmental Protection Agency (EPA). ACTION: Notice of Action Denying Petition for Reconsideration. AGENCY: rmajette on PROD1PC64 with RULES SUMMARY: The EPA is providing notice that it has responded to a petition for reconsideration of the Exceptional Events Rule (EER). On March 22, 2007, EPA finalized a rule in the Federal Register to govern the review and handling of air quality monitoring data influenced by exceptional events. Section 319 of the Clean Air Act (CAA), as amended by section 6013 of the Safe Accountable Flexible EfficientTransportation Equity Act: A Legacy for Users (SAFE–TEA–LU) of 2005 required the Administrator to publish a proposed rule in the Federal Register by March 1, 2006. Further, SAFE–TEA–LU required the EPA Administrator to publish a final rule within 1 year of the proposal. The final rule on the ‘‘Treatment of Data Influenced by Exceptional Events’’ became effective on May 21, 2007. Subsequent to the publication of this action, a petition for reconsideration from the Natural Resources Defense Council (NRDC) was received by EPA on May 21, 2007, signed by John D. Walke; Director, Clean Air Program; Natural Resources Defense Council; 1200 New York Avenue, NW., Suite 400, Washington, DC 20005–3928. The EPA considered the petition and supporting information along with information contained in the rulemaking docket (Docket number EPA–HQ–OAR–2005–0159–0163) in reaching a decision on the petitions. EPA Administrator Stephen L. Johnson denied the petition for reconsideration in a letter to the petitioner dated Jkt 214001 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 denying the petition for reconsideration are available in the docket that EPA established for the Exceptional Events Rule (docket number EPA–HQ–OAR–2005–0159). The table below identifies the petition received by EPA, 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. (Note that all the document numbers listed in the table are in the form of ‘‘EPA–HQ–OAR– XXXX–XXXX-xxxx.’’) Petition: Document No. in docket 5/21/2007 0163 Natural Resources Defense Council ............................................................... 14:52 Dec 13, 2007 FOR FURTHER INFORMATION CONTACT: Padmini Singh, U.S. EPA, Office of General Counsel, Mail Code 2344A, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, telephone (202) 564–5641, e-mail at singh.padmini@epa.gov. Date of petition to EPA Petitioner VerDate Aug<31>2005 November 5, 2007. The letter documents EPA’s reasons for the denial. PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\14DER1.SGM 14DER1 Date of EPA response 11/05/2007 EPA response: Document No. in docket 0175 Federal Register / Vol. 72, No. 240 / Friday, December 14, 2007 / Rules and Regulations All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., confidential business information (CBI) 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 (Air 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 Air Docket is (202) 566–1742. II. Judicial Review rmajette on PROD1PC64 with RULES Section 307(b)(1) of the CAA indicates which Federal Courts of Appeal have venue for petitions for review of final actions by EPA. This section provides, in part, that petitions for review must be filed in the Court of Appeals for the District of Columbia Circuit if: (i) The agency action consists of ‘‘nationally applicable regulations promulgated, or final action taken, by the Administrator,’’ or (ii) such actions are 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 has determined that its action denying the petition for reconsideration is of nationwide scope and effect for purposes of section 307(b)(1) because EPA previously found the Exceptional Events Rule to be of nationwide scope and effect. Thus, any petitions for review of the letters denying the petitions for reconsideration described in this Notice must be filed in the Court of Appeals for the District of Columbia Circuit within 60 days from the date this Notice is published in the Federal Register. Dated: December 10, 2007. Robert J. Meyers, Principal Deputy Assistant Administrator, Office of Air and Radiation. [FR Doc. E7–24242 Filed 12–13–07; 8:45 am] BILLING CODE 6560–50–P VerDate Aug<31>2005 14:52 Dec 13, 2007 Jkt 214001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R07–OAR–2007–0782; FRL–8506–8] Approval and Promulgation of Implementation Plans; Missouri; Clean Air Interstate Rule Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: SUMMARY: EPA is taking final action to approve a revision to the Missouri State Implementation Plan (SIP) submitted on May 18, 2007. This revision addresses the requirements of EPA’s Clean Air Interstate Rule (CAIR) promulgated on May 12, 2005, and subsequently revised on April 28, 2006, and December 13, 2006. EPA has determined that the SIP revision fully implements the CAIR requirements for Missouri. As a result of this action, EPA will also withdraw, through a separate rulemaking, the CAIR Federal Implementation Plans (FIPs) concerning SO2, NOX annual, and NOX ozone season emissions for Missouri. The CAIR FIPs for all States in the CAIR region were promulgated on April 28, 2006, and subsequently revised on December 13, 2006. CAIR requires States to reduce emissions of sulfur dioxide (SO2) and nitrogen oxides (NOX) that significantly contribute to, and interfere with maintenance of, the national ambient air quality standards for fine particulates and/or ozone in any downwind state. CAIR establishes State budgets for SO2 and NOX and requires States to submit SIP revisions that implement these budgets in States that EPA concluded did contribute to nonattainment in downwind states. States have the flexibility to choose which control measures to adopt to achieve the budgets, including participating in the EPA-administered cap-and-trade programs. In the SIP revision that EPA is approving today, Missouri has met the CAIR requirements by electing to participate in the EPA-administered cap-and-trade programs addressing SO2, NOX annual, and NOX ozone season emissions. This rule is effective on December 14, 2007. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA–R07–OAR–2007–0782. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose DATES: PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 71073 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 Environmental Protection Agency, Air Planning and Development Branch, 901 North 5th Street, Kansas City, Kansas 66101. The Regional Office’s official hours of business are Monday through Friday, 8 to 4:30 excluding Federal holidays. The interested persons wanting to examine these documents should make an appointment with the office at least 24 hours in advance. FOR FURTHER INFORMATION CONTACT: Michael Jay at (913) 551–7460 or by email at jay.michael@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. Table of Contents I. What Action Is EPA Taking? II. What Is the Regulatory History of CAIR and the CAIR FIPs? III. What Are the General Requirements of CAIR and the CAIR FIPs? IV. Analysis of Missouri’s CAIR SIP Submittal A. State Budgets for Allowance Allocations B. CAIR Cap-and-Trade Programs C. Applicability Provisions for Non-EGU NOX SIP Call Sources D. NOX Allowance Allocations E. Allocation of NOX Allowances From Compliance Supplement Pool F. Individual Opt-in Units V. Final Action VI. When Is This Action Effective? VII. Statutory and Executive Order Reviews I. What Action Is EPA Taking? EPA is taking final action to approve a revision to Missouri’s SIP submitted on May 18, 2007. In its SIP revision, Missouri has met the CAIR requirements by requiring certain electric generating units (EGUs) to participate in the EPAadministered State CAIR cap-and-trade programs addressing SO2, NOX annual, and NOX ozone season emissions, as finalized in the Missouri Register on April 16, 2007, pages 646–661. Missouri’s regulations adopt by reference most of the provisions of EPA’s SO2, NOX annual, and NOX ozone season model trading rules, with certain changes discussed below. EPA has determined that the SIP as revised will meet the applicable requirements of CAIR. As a result of this action, the Administrator of EPA will also issue a final rule to withdraw the FIPs concerning SO2, NOX annual, and NOX E:\FR\FM\14DER1.SGM 14DER1

Agencies

[Federal Register Volume 72, Number 240 (Friday, December 14, 2007)]
[Rules and Regulations]
[Pages 71072-71073]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-24242]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 50 and 51

[EPA-HQ-OAR-2005-0159; FRL-8506-6]
RIN 2060-AN40


Exceptional Events Rule; Notice of Action Denying Petition for 
Reconsideration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Action Denying Petition for Reconsideration.

-----------------------------------------------------------------------

SUMMARY: The EPA is providing notice that it has responded to a 
petition for reconsideration of the Exceptional Events Rule (EER). On 
March 22, 2007, EPA finalized a rule in the Federal Register to govern 
the review and handling of air quality monitoring data influenced by 
exceptional events. Section 319 of the Clean Air Act (CAA), as amended 
by section 6013 of the Safe Accountable Flexible Efficient-
Transportation Equity Act: A Legacy for Users (SAFE-TEA-LU) of 2005 
required the Administrator to publish a proposed rule in the Federal 
Register by March 1, 2006. Further, SAFE-TEA-LU required the EPA 
Administrator to publish a final rule within 1 year of the proposal. 
The final rule on the ``Treatment of Data Influenced by Exceptional 
Events'' became effective on May 21, 2007. Subsequent to the 
publication of this action, a petition for reconsideration from the 
Natural Resources Defense Council (NRDC) was received by EPA on May 21, 
2007, signed by John D. Walke; Director, Clean Air Program; Natural 
Resources Defense Council; 1200 New York Avenue, NW., Suite 400, 
Washington, DC 20005-3928. The EPA considered the petition and 
supporting information along with information contained in the 
rulemaking docket (Docket number EPA-HQ-OAR-2005-0159-0163) in reaching 
a decision on the petitions. EPA Administrator Stephen L. Johnson 
denied the petition for reconsideration in a letter to the petitioner 
dated November 5, 2007. The letter documents EPA's reasons for the 
denial.

FOR FURTHER INFORMATION CONTACT: Padmini Singh, U.S. EPA, Office of 
General Counsel, Mail Code 2344A, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460, telephone (202) 564-5641, e-mail at 
singh.padmini@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 denying the petition for reconsideration are available in 
the docket that EPA established for the Exceptional Events Rule (docket 
number EPA-HQ-OAR-2005-0159). The table below identifies the petition 
received by EPA, 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. (Note that all 
the document numbers listed in the table are in the form of ``EPA-HQ-
OAR-XXXX-XXXX-xxxx.'')

----------------------------------------------------------------------------------------------------------------
                                                      Date of        Petition:                     EPA response:
                   Petitioner                       petition to    Document No.     Date of EPA    Document No.
                                                        EPA          in docket       response        in docket
----------------------------------------------------------------------------------------------------------------
Natural Resources Defense Council...............       5/21/2007            0163      11/05/2007            0175
----------------------------------------------------------------------------------------------------------------


[[Page 71073]]

    All documents in the docket are listed on the http://
www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., confidential business 
information (CBI) 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 (Air 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 Air Docket is (202) 566-1742.

II. Judicial Review

    Section 307(b)(1) of the CAA indicates which Federal Courts of 
Appeal have venue for petitions for review of final actions by EPA. 
This section provides, in part, that petitions for review must be filed 
in the Court of Appeals for the District of Columbia Circuit if: (i) 
The agency action consists of ``nationally applicable regulations 
promulgated, or final action taken, by the Administrator,'' or (ii) 
such actions are 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 has determined that its action denying the petition for 
reconsideration is of nationwide scope and effect for purposes of 
section 307(b)(1) because EPA previously found the Exceptional Events 
Rule to be of nationwide scope and effect. Thus, any petitions for 
review of the letters denying the petitions for reconsideration 
described in this Notice must be filed in the Court of Appeals for the 
District of Columbia Circuit within 60 days from the date this Notice 
is published in the Federal Register.

    Dated: December 10, 2007.
Robert J. Meyers,
Principal Deputy Assistant Administrator, Office of Air and Radiation.
[FR Doc. E7-24242 Filed 12-13-07; 8:45 am]
BILLING CODE 6560-50-P