Whether an EPA action is 'nationally applicable' or 'based on a determination of nationwide scope or effect' for venue under 42 U.S.C. §7607(b)(1)

QUESTION PRESENTED Whether an action by the Environmental Protection Agency is “nationally applicable” or “based on a determination of nationwide scope or effect” for purposes of laying venue under 42 U.S.C. §7607(b)(1) when the action uses a common legal requirement and a general factual finding to resolve all pending “small refinery” petitions for exemption from annual obligations under the Renewable Fuel Program irrespective of the petitioning refineries’ location.