Air Quality Designations for the 2010 Sulfur Dioxide (SO2, 50577-50578 [2014-20216]

Download as PDF 50577 Federal Register / Vol. 79, No. 164 / Monday, August 25, 2014 / Proposed Rules TABLE 1—ONE-HOUR OZONE DATA FOR THE SOUTHEAST DESERT 1-HOUR OZONE NONATTAINMENT AREA Expected exceedances by year General location Site (AQS ID) 2011 2012 Expected exceedances 3-year average 2013 2011–2013 Antelope Valley/Los Angeles County ....................................... Coachella Valley/Riverside County .......................................... Coachella Valley/Riverside County .......................................... Northern portion of SE Desert AQMA/San Bernardino County SW portion of SE Desert AQMA/San Bernardino County ....... SW portion of SE Desert AQMA/San Bernardino County ....... SW portion of SE Desert AQMA/San Bernardino County ....... Joshua Tree National Park/San Bernardino County ................ Lancaster (06–037–9033) ....... Indio (06–065–2002) ............... Palm Springs (06–065–5001) Barstow (06–071–0001) ......... Hesperia (06–071–4001) ........ Phelan (06–071–0012) ........... Victorville (06–071–0306) ....... Yucca Valley (06–071–9002) 0.0 0.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.3 0.0 0.3 0.0 0.0 0.0 Source: AQS Quick Look Report, May 9, 2014 (in the docket to this proposed action). Generally, the highest ozone concentrations in the Southeast Desert occur in the far southwestern portion of the area, near mountain passes through which pollutants are transported to the Southeast Desert from the South Coast Air Basin. As shown in table 1, the highest three-year average of expected exceedances at any site in the Southeast Desert for 2011–2013 is 0.3 at Palm Springs in Riverside County and Hesperia in San Bernardino County. The calculated exceedance rate of 0.3 represents attainment of the 1-hour ozone standard (a three-year average of expected exceedances less than or equal to 1). Taking into account the extent and reliability of the applicable ozone monitoring network, and the data collected therefrom and summarized in table 1, we propose to determine that the Southeast Desert has attained the 1hour ozone standard (as defined in 40 CFR part 50, appendix H) based on the most recent three years of monitoring data for the area (2011–2013). Data for 2014 will be reviewed prior to our final action to ensure that it is consistent with continued attainment of the 1-hour ozone standard in the Southeast Desert. emcdonald on DSK67QTVN1PROD with PROPOSALS III. Proposed EPA Action and Request for Public Comment EPA is proposing to determine that the Southeast Desert Area has attained the 1-hour ozone standard based on complete, quality-assured and certified ambient air quality monitoring data for the 2011–2013 monitoring period. EPA is soliciting public comments on the issues discussed in this document or on other relevant matters. We will accept comments from the public on this proposal for the next 30 days. We will consider these comments before taking final action. VerDate Mar<15>2010 16:19 Aug 22, 2014 Jkt 232001 IV. Statutory and Executive Order Reviews This action proposes to make a determination based on air quality data and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and, • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because it will not impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Oxides of nitrogen, Ozone, Volatile organic compounds. Dated: August 12, 2014. Alexis Strauss, Acting Regional Administrator, Region IX. [FR Doc. 2014–20220 Filed 8–22–14; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 81 [EPA–HQ–OAR–2012–0233; FRL–9915–73– OAR] Air Quality Designations for the 2010 Sulfur Dioxide (SO2) Primary National Ambient Air Quality Standard: Notice of Action Denying Petitions for Reconsideration and Stay Request Environmental Protection Agency. ACTION: Action denying petitions for reconsideration and stay request. AGENCY: The Environmental Protection Agency (EPA) is providing notice that it has responded to two petitions for reconsideration of a rule published in the Federal Register on August 5, 2013, that promulgated the initial air quality designations for the 2010 Primary SO2 National Ambient Air Quality Standard (NAAQS) for certain areas in the United States. The rule is titled ‘‘Air Quality Designations for the 2010 Sulfur Dioxide (SO2) Primary National SUMMARY: E:\FR\FM\25AUP1.SGM 25AUP1 50578 Federal Register / Vol. 79, No. 164 / Monday, August 25, 2014 / Proposed Rules Ambient Air Quality Standard.’’ One petition was submitted by the Treasure State Resource Industry Association and Yellowstone County, and the other petition was submitted by the Montana Sulphur and Chemical Company (the Petitioners). The EPA carefully considered these petitions and supporting information, along with information contained in the rulemaking docket, in reaching decisions on these petitions. The EPA denied the petitions for reconsideration in separate letters to the Petitioners dated August 14, 2014. The letters explain the EPA’s reasons for the denials. One of the Petitioners also requested that the EPA stay the Petitioner effectiveness of the designations rule, pending reconsideration. Because the EPA denied the reconsideration requests, the EPA also denied the stay request. The petitions for reconsideration and stay request were denied August 14, 2014. DATES: FOR FURTHER INFORMATION CONTACT: Rhonda Wright, Air Quality Policy Division, Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Mail code C539–04, Research Triangle Park, NC 27711; telephone: (919) 541–1087; email: wright.rhonda@epa.gov. SUPPLEMENTARY INFORMATION: Dates of petitions to the EPA Petition: document No. in docket 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 EPA’s docket established for the rulemaking to promulgate the air quality designations for the 2010 SO2 NAAQS, under Docket ID No. EPA–HQ–OAR–2012–0233. The table below identifies the Petitioners, the date the EPA received the petitions, the document identification number of the petitions, the date of the EPA’s responses and the document identification numbers for the EPA’s responses. Date of the EPA response The EPA response: document No. in docket Billings, MO Nonattainment Area emcdonald on DSK67QTVN1PROD with PROPOSALS Montana Sulphur & Chemical Company ... Treasure State Resource Industry Association and Yellowstone County. October 4, 2013 .......................... November 26, 2013 .................... 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, e.g., confidential business information or other information where 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 EPA’s Docket Center, Public Reading Room, U.S. Environmental Protection Agency, William Jefferson Clinton West Building, 1301 Constitution Avenue, Northwest, Room 3334, Washington, DC 20004. This Docket Center 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. In addition, the EPA has established a Web site for the SO2 designations rulemaking at http://www.epa.gov/ so2designations. This Federal Register notice, the petitions for reconsideration and the response letters to the Petitioners are also available on this Web site along with other information relevant to the designations process. VerDate Mar<15>2010 16:19 Aug 22, 2014 Jkt 232001 –0356 –0360 II. Judicial Review Section 307(b)(1) of the Clean Air Act indicates which Federal Courts of Appeal have venue for petitions for 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 rule establishing air quality designations for the 2010 SO2 NAAQS, the EPA determined that the actions are of nationwide scope and effect for the purposes of section 307(b)(1). [See 78 FR 47191, 47197 (August 5, 2013)]. The EPA has determined that its actions denying these petitions for reconsideration also are of nationwide scope and effect because they directly relate to the SO2 designations rulemaking that the EPA previously determined is of nationwide scope and effect. Thus, any petition 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 October 24, 2014. PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 August 14, 2014 ............ August 14, 2014 ............ [INSERT No.] [INSERT No.] Dated: August 15, 2014. Janet McCabe, Acting Assistant Administrator, Office of Air Radiation. [FR Doc. 2014–20216 Filed 8–22–14; 8:45 am] BILLING CODE 6560–50–P COUNCIL ON ENVIRONMENTAL QUALITY 40 CFR Parts 1500, 1501, 1502, 1503, 1505, 1506, 1507, and 1508 Effective Use of Programmatic NEPA Reviews Council on Environmental Quality. ACTION: Notice of Availability, Request for Public Comments on Draft Guidance on Effective Use of Programmatic National Environmental Policy Act Reviews. AGENCY: The Council on Environmental Quality (CEQ) is publishing draft guidance on when and how Federal agencies can effectively use National Environmental Policy Act (NEPA) programmatic reviews. Guidance on programmatic NEPA reviews has been requested by the agencies and attention on programmatic NEPA reviews has increased as agencies are increasingly undertaking broad landscape scale analyses for proposals that affect the resources they manage. This guidance is designed to assist agency decision-makers and the public SUMMARY: E:\FR\FM\25AUP1.SGM 25AUP1

Agencies

[Federal Register Volume 79, Number 164 (Monday, August 25, 2014)]
[Proposed Rules]
[Pages 50577-50578]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20216]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-HQ-OAR-2012-0233; FRL-9915-73-OAR]


Air Quality Designations for the 2010 Sulfur Dioxide (SO2) 
Primary National Ambient Air Quality Standard: Notice of Action Denying 
Petitions for Reconsideration and Stay Request

AGENCY: Environmental Protection Agency.

ACTION: Action denying petitions for reconsideration and stay request.

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SUMMARY: The Environmental Protection Agency (EPA) is providing notice 
that it has responded to two petitions for reconsideration of a rule 
published in the Federal Register on August 5, 2013, that promulgated 
the initial air quality designations for the 2010 Primary 
SO2 National Ambient Air Quality Standard (NAAQS) for 
certain areas in the United States. The rule is titled ``Air Quality 
Designations for the 2010 Sulfur Dioxide (SO2) Primary 
National

[[Page 50578]]

Ambient Air Quality Standard.'' One petition was submitted by the 
Treasure State Resource Industry Association and Yellowstone County, 
and the other petition was submitted by the Montana Sulphur and 
Chemical Company (the Petitioners). The EPA carefully considered these 
petitions and supporting information, along with information contained 
in the rulemaking docket, in reaching decisions on these petitions. The 
EPA denied the petitions for reconsideration in separate letters to the 
Petitioners dated August 14, 2014. The letters explain the EPA's 
reasons for the denials. One of the Petitioners also requested that the 
EPA stay the effectiveness of the designations rule, pending 
reconsideration. Because the EPA denied the reconsideration requests, 
the EPA also denied the stay request.

DATES: The petitions for reconsideration and stay request were denied 
August 14, 2014.

FOR FURTHER INFORMATION CONTACT: Rhonda Wright, Air Quality Policy 
Division, Office of Air Quality Planning and Standards, U.S. 
Environmental Protection Agency, Mail code C539-04, Research Triangle 
Park, NC 27711; telephone: (919) 541-1087; email: 
wright.rhonda@epa.gov.

SUPPLEMENTARY INFORMATION: 

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 EPA's 
docket established for the rulemaking to promulgate the air quality 
designations for the 2010 SO2 NAAQS, under Docket ID No. 
EPA-HQ-OAR-2012-0233. The table below identifies the Petitioners, the 
date the EPA received the petitions, the document identification number 
of the petitions, the date of the EPA's responses and the document 
identification numbers for the EPA's responses.

----------------------------------------------------------------------------------------------------------------
                                                           Petition:                          The EPA response:
           Petitioner              Dates of petitions    document No.     Date of the EPA      document No. in
                                       to the EPA          in docket          response              docket
----------------------------------------------------------------------------------------------------------------
                                         Billings, MO Nonattainment Area
----------------------------------------------------------------------------------------------------------------
Montana Sulphur & Chemical        October 4, 2013.....           -0356  August 14, 2014....  [INSERT No.]
 Company.
Treasure State Resource Industry  November 26, 2013...           -0360  August 14, 2014....  [INSERT No.]
 Association and Yellowstone
 County.
----------------------------------------------------------------------------------------------------------------

    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, e.g., confidential business information or 
other information where 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 EPA's Docket 
Center, Public Reading Room, U.S. Environmental Protection Agency, 
William Jefferson Clinton West Building, 1301 Constitution Avenue, 
Northwest, Room 3334, Washington, DC 20004. This Docket Center 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.
    In addition, the EPA has established a Web site for the 
SO2 designations rulemaking at http://www.epa.gov/so2designations. This Federal Register notice, the petitions for 
reconsideration and the response letters to the Petitioners are also 
available on this Web site along with other information relevant to the 
designations process.

II. Judicial Review

    Section 307(b)(1) of the Clean Air Act indicates which Federal 
Courts of Appeal have venue for petitions for 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 rule establishing air quality designations for the 2010 
SO2 NAAQS, the EPA determined that the actions are of 
nationwide scope and effect for the purposes of section 307(b)(1). [See 
78 FR 47191, 47197 (August 5, 2013)].
    The EPA has determined that its actions denying these petitions for 
reconsideration also are of nationwide scope and effect because they 
directly relate to the SO2 designations rulemaking that the 
EPA previously determined is of nationwide scope and effect. Thus, any 
petition 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 October 24, 2014.

    Dated: August 15, 2014.
Janet McCabe,
Acting Assistant Administrator, Office of Air Radiation.
[FR Doc. 2014-20216 Filed 8-22-14; 8:45 am]
BILLING CODE 6560-50-P