Approval and Promulgation of Air Quality Implementation Plans; Ohio; New Source Review Rules-Notice of Action Denying Petition for Reconsideration and Request for Administrative Stay

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; Ohio; New Source Review Rules" published February 25, 2010. The Ohio EPA sought approval to implement the New Source Review (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. The final rule approved certain revisions to Ohio's NSR program, which Ohio submitted to EPA for review on September 14, 2004, under the Clean Air Act (CAA). Subsequently EPA received a petition dated April 26, 2010, for reconsideration from the Natural Resources Defense Council (NRDC). The petition also requested that EPA stay implementation of certain provisions of the final rule pending its reconsideration. 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. EPA Administrator, Lisa P. Jackson, denied both the petition for reconsideration and request for stay in a letter to the petitioner dated January 24, 2012. The letter explains the basis for the denial and is available as set forth below.