Partial Denial of Petitions for Reconsideration: Federal “Good Neighbor Plan” for the 2015 Ozone National Ambient Air Quality Standards, 23526-23527 [2024-06912]

Download as PDF 23526 * * Federal Register / Vol. 89, No. 66 / Thursday, April 4, 2024 / Rules and Regulations * * * I. Where can I get copies of this document and other related information? [FR Doc. 2024–06940 Filed 4–3–24; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52, 75, 78, and 97 [EPA–HQ–OAR–2021–0668; FRL–11810–01– OAR] Partial Denial of Petitions for Reconsideration: Federal ‘‘Good Neighbor Plan’’ for the 2015 Ozone National Ambient Air Quality Standards Environmental Protection Agency (EPA). ACTION: Notification of action partially denying petitions for reconsideration and administrative stays. AGENCY: The Environmental Protection Agency (EPA) is providing notice that it has responded to petitions for reconsideration and administrative stay of a final action under the ‘‘good neighbor’’ or ‘‘interstate transport’’ provision of the Clean Air Act (CAA) published in the Federal Register on June 5, 2023, titled ‘‘Federal ‘Good Neighbor Plan’ for the 2015 Ozone National Ambient Air Quality Standards’’ (‘‘Good Neighbor Plan’’). In August 2023, the EPA received the four petitions addressed by this action, which seek reconsideration of the Good Neighbor Plan in part on the basis of stays pending judicial review as to certain States issued after the Good Neighbor Plan was promulgated. The EPA is partially denying these four petitions as to this basis. The basis for EPA’s action is set out fully in an enclosure accompanying the response letters, available in the docket for this action. Because the EPA is denying the reconsideration requests, the EPA is also denying associated requests to stay the Good Neighbor Plan filed by two of the four petitioners. At this time, the EPA is not addressing other grounds for reconsideration of the Good Neighbor Plan that have been raised by these or other petitioners. DATES: April 4, 2024. FOR FURTHER INFORMATION CONTACT: Mr. Thomas Uher, U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Air Quality Policy Division, 109 T.W. Alexander Drive, Mail Code C539–04, Research Triangle Park, NC 27711; phone number: (919) 541–5534; email address: uher.thomas@epa.gov. SUPPLEMENTARY INFORMATION: ddrumheller on DSK120RN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 16:37 Apr 03, 2024 Jkt 262001 A copy of this Federal Register document, the petitions,1 the letters denying the four petitions and the accompanying enclosure 2 describing the full basis for the partial denial of these petitions and associated stay requests, and other materials related to this action are available in the docket that the EPA established for the Good Neighbor Plan rulemaking, under Docket ID No. EPA–HQ–OAR–2021– 0668. All documents in the docket are listed at https://www.regulations.gov. Some information may not be 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 at https:// www.regulations.gov or in hard copy at the U.S. Environmental Protection Agency, EPA Docket Center, William Jefferson Clinton West Building, 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 is (202) 566–1742. 1 The four petitions are styled respectively as: Petition for Reconsideration and Stay of the Final Rule: Federal ‘‘Good Neighbor Plan’’ for the 2015 Ozone National Ambient Air Quality Standards submitted on behalf of United States Steel Corporation; Petition for Reconsideration and Stay of the Final Rule: Federal ‘‘Good Neighbor Plan’’ for the 2015 Ozone National Ambient Air Quality Standards submitted on behalf of ALLETE, Inc. d/b/a Minnesota Power; Northern States Power Company—Minnesota; Great River Energy; Southern Minnesota Municipal Power Agency; Cleveland-Cliffs, Inc.; and United States Steel Corporation (collectively the ‘‘Minnesota Good Neighbor Coalition’’); Petition for Reconsideration of the Final Rule for the Promulgation of Air Quality Implementation Plans; State of Arkansas; Federal ‘‘Good Neighbor Plan’’ for the 2015 8-Hour Ozone National Ambient Air Quality Standards submitted on behalf of the Arkansas Department of Energy & Environment, Division of Environmental Quality (DEQ); and Administrative Petition for Reconsideration of the Federal ‘‘Good Neighbor Plan’’ for the 2015 Ozone National Ambient Air Quality Standards submitted on behalf of Hybar LLC. 2 See ‘‘The EPA’s Basis for Partially Denying Petitions for Reconsideration of the Good Neighbor Plan On Grounds Related to Judicial Stays of the SIP Disapproval Action as to 12 States.’’ PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 II. Description of Action On March 15, 2023, the EPA promulgated the Good Neighbor Plan, which established Federal implementation plan (FIP) requirements for sources in 23 States to address ‘‘good neighbor’’ obligations under CAA section 110(a)(2)(D)(i)(I) for the 2015 ozone NAAQS. Following the finalization and publication of the Good Neighbor Plan, several parties filed petitions with the EPA seeking reconsideration and/or an administrative stay of the Good Neighbor Plan, pursuant to either the Administrative Procedure Act, 5 U.S.C. 705, or CAA Act section 307, 42 U.S.C. 7607. Four of these petitions expressly sought reconsideration by the Agency specifically on grounds related to the issuance of partial judicial stay orders of the separate State implementation plan (SIP) disapproval action (88 FR 9336; Feb. 13, 2023) that had been entered as to several of the States covered by the Good Neighbor Plan. In the denial letters, the EPA explains that it is partially denying these four petitions for reconsideration, because the objections are not ‘‘centrally relevant’’ to the Good Neighbor Plan in the sense that, having considered the two issues raised in relation to the judicial stays, the EPA found they provide no basis on which the Good Neighbor Plan should be modified or withdrawn. The enclosure to the denial letters articulates the rationale for the EPA’s final response and is available in the docket for this action. III. Judicial Review This final action may be challenged in the United States Court of Appeals for the District of Columbia Circuit. Pursuant to CAA section 307(b)(1), petitions for judicial review of this action must be filed in that court within 60 days after the date notice of this final action is published in the Federal Register. CAA section 307(b)(1) governs judicial review of final actions by the EPA. This section provides, in part, that petitions for review must be filed in the D.C. Circuit: (1) when the Agency action consists of ‘‘nationally applicable regulations promulgated, or final actions taken, by the Administrator,’’ or (2) when the Agency 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.’’ Numerous petitions for review of the Good Neighbor Plan are currently proceeding E:\FR\FM\04APR1.SGM 04APR1 Federal Register / Vol. 89, No. 66 / Thursday, April 4, 2024 / Rules and Regulations before the D.C. Circuit. For the same reasons that the D.C. Circuit is the appropriate venue for challenges to the Good Neighbor Plan, it is also the appropriate venue for any challenges to this final action. This action is ‘‘nationally applicable’’ within the meaning of CAA section 307(b)(1) because it denies petitions to reconsider and stay the Good Neighbor Plan, which is itself a nationally applicable action. 88 FR 36654 at 36860; see also Order, Kentucky Energy and Environment Cabinet v. EPA, No. 23– 3605 (6th Cir. Nov. 9, 2023). On its face, the Good Neighbor Plan is nationally applicable because it applies nationally consistent standards and uniform methodologies to 23 States located in ten of the eleven regional Federal judicial circuits across the Nation. 88 FR 36654 at 36860. Although the Good Neighbor Plan is temporarily stayed in 12 States as a result of pending litigation, see notes 4 and 5 supra, these temporary stays do not alter the rule’s national applicability.3 This denial is likewise nationally applicable because the result of this partial denial of the four petitions identified herein is that the existing Good Neighbor Plan remains in place and undisturbed—and because any judicial order disturbing the EPA’s reasoning herein would impact sources, states, and other parties across multiple judicial circuits. In the alternative, to the extent a court finds this action or a relevant portion thereof to be locally or regionally applicable, the Administrator hereby makes and publishes a finding that the action is based on several determinations of ‘‘nationwide scope or effect’’ within the meaning of CAA section 307(b)(1). These determinations, which lie at the core of this action and are the primary aspects of the Good Neighbor Plan that petitioners ask the EPA to reconsider, include: the determination that the Good Neighbor Plan is lawful and implementable as applied in any individual state even if it is not in effect for any other particular the conclusion of the separate supplemental rulemaking, the Good Neighbor Plan may also apply in up to five additional States. See 89 FR 12666 (Feb. 24, 2024). ddrumheller on DSK120RN23PROD with RULES1 3 Upon VerDate Sep<11>2014 16:37 Apr 03, 2024 Jkt 262001 State or group of States; the determination that the Good Neighbor Plan is premised on a series of nationalscale analyses that are not limited in scope to any particular geography or group of States; and the determination that the Good Neighbor Plan need not be reconsidered as to any group of sources or States on the basis that publication of the Good Neighbor Plan in the Federal Register occurred following the issuance of preliminary judicial stay orders as to several States. Michael S. Regan, Administrator. [FR Doc. 2024–06912 Filed 4–3–24; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 2 [WT Docket No. 19–348; DA 24–233; FRS 212104] Facilitating Shared Use in the 3100– 3550 MHz Band; Correction Federal Communications Commission. ACTION: Correcting amendment. AGENCY: The Federal Communications Commission published a document in the Federal Register of March 25, 2024, concerning a non-substantive, editorial revision made by the Wireless Telecommunication Bureau and the Office of Engineering and Technology (WTB/OET) to the Table of Frequency Allocations in the Commission’s Rules (Table 22), which identifies coordinates for Department of Defense Cooperative Planning Areas (CPAs) and Periodic Use Areas (PUAs). The document contained an incorrect instruction regarding the revision to Table 22. This document sets out the correct instruction to amend Table 22. DATES: Effective April 4, 2024. FOR FURTHER INFORMATION CONTACT: Thomas Reed, Wireless Telecommunications Bureau, Mobility Division, (202) 418–0531 or Thomas.reed@fcc.gov. For information SUMMARY: PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 23527 regarding the Paperwork Reduction Act (PRA) information collection requirements, contact Cathy Williams, Office of Managing Director, at 202– 418–2918 or cathy.williams@fcc.gov. SUPPLEMENTARY INFORMATION: Correction In the Federal Register of March 25, 2024, 89 FR 20548, WTB/OET deleted as redundant, the Norfolk, Virginia Cooperative Planning Area (Norfolk CPA) from the list of CPAs and PUA’s in Table 22, and renamed the Norfolk CPA, the Newport News-Norfolk CPA/ PUA. However, the amendment in instruction 2 could not be incorporated as instructed. This document corrects the instruction to amend Table 22. List of Subjects in 47 CFR Part 2 Administrative practice and procedures, Common carriers, Communications, Communications common carriers, Communications equipment, Disaster assistance, Environmental impact statements, Imports, Radio, Reporting and recordkeeping requirements, Satellites, Telecommunications, Television, Wiretapping and electronic surveillance. Accordingly, 47 CFR part 2 is corrected by making the following correcting amendment: PART 2—FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL RULES AND REGULATIONS 1. The authority citation for part 2 continues to read as follows: ■ Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise noted. 2. In § 2.106, in paragraph (c)(431), amend table 22 by removing the entry ‘‘Norfolk * (includes Fort Story SESEF range)’’ and adding in its place the entry ‘‘Newport News-Norfolk * (includes Fort Story SESEF range)’’ to read as follows: ■ § 2.106 * Table of Frequency Allocations. * * (c) * * * (431) * * * E:\FR\FM\04APR1.SGM 04APR1 * *

Agencies

[Federal Register Volume 89, Number 66 (Thursday, April 4, 2024)]
[Rules and Regulations]
[Pages 23526-23527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06912]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52, 75, 78, and 97

[EPA-HQ-OAR-2021-0668; FRL-11810-01-OAR]


Partial Denial of Petitions for Reconsideration: Federal ``Good 
Neighbor Plan'' for the 2015 Ozone National Ambient Air Quality 
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification of action partially denying petitions for 
reconsideration and administrative stays.

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

SUMMARY: The Environmental Protection Agency (EPA) is providing notice 
that it has responded to petitions for reconsideration and 
administrative stay of a final action under the ``good neighbor'' or 
``interstate transport'' provision of the Clean Air Act (CAA) published 
in the Federal Register on June 5, 2023, titled ``Federal `Good 
Neighbor Plan' for the 2015 Ozone National Ambient Air Quality 
Standards'' (``Good Neighbor Plan''). In August 2023, the EPA received 
the four petitions addressed by this action, which seek reconsideration 
of the Good Neighbor Plan in part on the basis of stays pending 
judicial review as to certain States issued after the Good Neighbor 
Plan was promulgated. The EPA is partially denying these four petitions 
as to this basis. The basis for EPA's action is set out fully in an 
enclosure accompanying the response letters, available in the docket 
for this action. Because the EPA is denying the reconsideration 
requests, the EPA is also denying associated requests to stay the Good 
Neighbor Plan filed by two of the four petitioners. At this time, the 
EPA is not addressing other grounds for reconsideration of the Good 
Neighbor Plan that have been raised by these or other petitioners.

DATES: April 4, 2024.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Uher, U.S. Environmental 
Protection Agency, Office of Air Quality Planning and Standards, Air 
Quality Policy Division, 109 T.W. Alexander Drive, Mail Code C539-04, 
Research Triangle Park, NC 27711; phone number: (919) 541-5534; email 
address: [email protected].

SUPPLEMENTARY INFORMATION:

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

    A copy of this Federal Register document, the petitions,\1\ the 
letters denying the four petitions and the accompanying enclosure \2\ 
describing the full basis for the partial denial of these petitions and 
associated stay requests, and other materials related to this action 
are available in the docket that the EPA established for the Good 
Neighbor Plan rulemaking, under Docket ID No. EPA-HQ-OAR-2021-0668.
---------------------------------------------------------------------------

    \1\ The four petitions are styled respectively as: Petition for 
Reconsideration and Stay of the Final Rule: Federal ``Good Neighbor 
Plan'' for the 2015 Ozone National Ambient Air Quality Standards 
submitted on behalf of United States Steel Corporation; Petition for 
Reconsideration and Stay of the Final Rule: Federal ``Good Neighbor 
Plan'' for the 2015 Ozone National Ambient Air Quality Standards 
submitted on behalf of ALLETE, Inc. d/b/a Minnesota Power; Northern 
States Power Company--Minnesota; Great River Energy; Southern 
Minnesota Municipal Power Agency; Cleveland-Cliffs, Inc.; and United 
States Steel Corporation (collectively the ``Minnesota Good Neighbor 
Coalition''); Petition for Reconsideration of the Final Rule for the 
Promulgation of Air Quality Implementation Plans; State of Arkansas; 
Federal ``Good Neighbor Plan'' for the 2015 8-Hour Ozone National 
Ambient Air Quality Standards submitted on behalf of the Arkansas 
Department of Energy & Environment, Division of Environmental 
Quality (DEQ); and Administrative Petition for Reconsideration of 
the Federal ``Good Neighbor Plan'' for the 2015 Ozone National 
Ambient Air Quality Standards submitted on behalf of Hybar LLC.
    \2\ See ``The EPA's Basis for Partially Denying Petitions for 
Reconsideration of the Good Neighbor Plan On Grounds Related to 
Judicial Stays of the SIP Disapproval Action as to 12 States.''
---------------------------------------------------------------------------

    All documents in the docket are listed at https://www.regulations.gov. Some information may not be 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 at https://www.regulations.gov or in hard copy at the U.S. Environmental 
Protection Agency, EPA Docket Center, William Jefferson Clinton West 
Building, 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 is (202) 566-1742.

II. Description of Action

    On March 15, 2023, the EPA promulgated the Good Neighbor Plan, 
which established Federal implementation plan (FIP) requirements for 
sources in 23 States to address ``good neighbor'' obligations under CAA 
section 110(a)(2)(D)(i)(I) for the 2015 ozone NAAQS. Following the 
finalization and publication of the Good Neighbor Plan, several parties 
filed petitions with the EPA seeking reconsideration and/or an 
administrative stay of the Good Neighbor Plan, pursuant to either the 
Administrative Procedure Act, 5 U.S.C. 705, or CAA Act section 307, 42 
U.S.C. 7607. Four of these petitions expressly sought reconsideration 
by the Agency specifically on grounds related to the issuance of 
partial judicial stay orders of the separate State implementation plan 
(SIP) disapproval action (88 FR 9336; Feb. 13, 2023) that had been 
entered as to several of the States covered by the Good Neighbor Plan.
    In the denial letters, the EPA explains that it is partially 
denying these four petitions for reconsideration, because the 
objections are not ``centrally relevant'' to the Good Neighbor Plan in 
the sense that, having considered the two issues raised in relation to 
the judicial stays, the EPA found they provide no basis on which the 
Good Neighbor Plan should be modified or withdrawn. The enclosure to 
the denial letters articulates the rationale for the EPA's final 
response and is available in the docket for this action.

III. Judicial Review

    This final action may be challenged in the United States Court of 
Appeals for the District of Columbia Circuit. Pursuant to CAA section 
307(b)(1), petitions for judicial review of this action must be filed 
in that court within 60 days after the date notice of this final action 
is published in the Federal Register.
    CAA section 307(b)(1) governs judicial review of final actions by 
the EPA. This section provides, in part, that petitions for review must 
be filed in the D.C. Circuit: (1) when the Agency action consists of 
``nationally applicable regulations promulgated, or final actions 
taken, by the Administrator,'' or (2) when the Agency 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.'' Numerous petitions for review of the Good Neighbor 
Plan are currently proceeding

[[Page 23527]]

before the D.C. Circuit. For the same reasons that the D.C. Circuit is 
the appropriate venue for challenges to the Good Neighbor Plan, it is 
also the appropriate venue for any challenges to this final action.
    This action is ``nationally applicable'' within the meaning of CAA 
section 307(b)(1) because it denies petitions to reconsider and stay 
the Good Neighbor Plan, which is itself a nationally applicable action. 
88 FR 36654 at 36860; see also Order, Kentucky Energy and Environment 
Cabinet v. EPA, No. 23-3605 (6th Cir. Nov. 9, 2023). On its face, the 
Good Neighbor Plan is nationally applicable because it applies 
nationally consistent standards and uniform methodologies to 23 States 
located in ten of the eleven regional Federal judicial circuits across 
the Nation. 88 FR 36654 at 36860. Although the Good Neighbor Plan is 
temporarily stayed in 12 States as a result of pending litigation, see 
notes 4 and 5 supra, these temporary stays do not alter the rule's 
national applicability.\3\ This denial is likewise nationally 
applicable because the result of this partial denial of the four 
petitions identified herein is that the existing Good Neighbor Plan 
remains in place and undisturbed--and because any judicial order 
disturbing the EPA's reasoning herein would impact sources, states, and 
other parties across multiple judicial circuits.
---------------------------------------------------------------------------

    \3\ Upon the conclusion of the separate supplemental rulemaking, 
the Good Neighbor Plan may also apply in up to five additional 
States. See 89 FR 12666 (Feb. 24, 2024).
---------------------------------------------------------------------------

    In the alternative, to the extent a court finds this action or a 
relevant portion thereof to be locally or regionally applicable, the 
Administrator hereby makes and publishes a finding that the action is 
based on several determinations of ``nationwide scope or effect'' 
within the meaning of CAA section 307(b)(1). These determinations, 
which lie at the core of this action and are the primary aspects of the 
Good Neighbor Plan that petitioners ask the EPA to reconsider, include: 
the determination that the Good Neighbor Plan is lawful and 
implementable as applied in any individual state even if it is not in 
effect for any other particular State or group of States; the 
determination that the Good Neighbor Plan is premised on a series of 
national-scale analyses that are not limited in scope to any particular 
geography or group of States; and the determination that the Good 
Neighbor Plan need not be reconsidered as to any group of sources or 
States on the basis that publication of the Good Neighbor Plan in the 
Federal Register occurred following the issuance of preliminary 
judicial stay orders as to several States.

Michael S. Regan,
Administrator.
[FR Doc. 2024-06912 Filed 4-3-24; 8:45 am]
BILLING CODE 6560-50-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.