Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Rules and Regulations 48659 

not to be a significant regulatory action 

under Executive Order 12866. 

Regulatory Flexibility Act 

The Secretary hereby certifies that the 

adoption of the final rule will not have 

a significant economic impact on a 

substantial number of small entities as 

they are defined in the Regulatory 

Flexibility Act, 5 U.S.C. 601 et seq. This 

final rule will directly affect only 

individuals and will not directly affect 

small entities. Therefore, pursuant to 5 

U.S.C. 605(b), the rule is exempt from 

the initial and final regulatory flexibility 

analysis requirements of sections 603 

and 604. 

Catalog of Federal Domestic Assistance 

The Catalog of Federal Domestic 

Assistance numbers and titles for the 

programs affected by this document are 

64.106, Specially Adapted Housing for 

Disabled Veterans; and 64.118, Veterans 

Housing—Direct Loans for Certain 

Disabled Veterans. 

Lists of Subjects in 38 CFR Part 36 

Condominiums, Housing, Indians, 

Individuals with disabilities, Loan 

programs—housing and community 

development, Loan programs—Indians, 

Loan programs—veterans, Manufactured 

homes, Mortgage insurance, Reporting 

and recordkeeping requirements, 

Veterans. 

Approved: September 15, 2009. 

John R. Gingrich, 

Chief of Staff, Department of Veterans Affairs. 

■ For the reasons set out in the 

preamble, VA amends 38 CFR part 36 

(Subpart C) as set forth below. 

PART 36—LOAN GUARANTY 

■ 1. The authority citation for part 36 

continues to read as follows: 

Authority: 38 U.S.C. 501 and as otherwise 

noted. 

Subpart C—Assistance to Certain 

Disabled Veterans in Acquiring 

Specially Adapted Housing 

■ 2. Add § 36.4412 to read as follows: 

§ 36.4412 Annual adjustments to the 

aggregate amount of assistance available. 

(a) On October 1 of each year, the 

Secretary will increase the aggregate 

amounts of assistance available for 

grants authorized under 38 U.S.C. 

2101(a) and 2101(b). Such increase will 

be equal to the percentage by which the 

Turner Building Cost Index for the most 

recent calendar year exceeds that of the 

next preceding calendar year. 

(b) Notwithstanding paragraph (a) of 

this section, if the Turner Building Cost 

Index for the most recent full calendar 

year is equal to or less than the next 

preceding calendar year, the percentage 

increase will be zero. 

(c) No later than September 30 of each 

year, the Secretary will publish in the 

Federal Register the aggregate amounts 

of assistance available for the upcoming 

fiscal year. 

(Authority: 38 U.S.C. 2102(e)) 

[FR Doc. E9–23022 Filed 9–23–09; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2009–0293; FRL–8961–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Lead (Pb) Maintenance Plan Update for 

Marion County 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a request 

submitted by the Indiana Department of 

Environmental Management (IDEM) on 

April 1, 2009, to revise the Indiana State 

Implementation Plan (SIP) for lead (Pb). 

The State has submitted an update to its 

Pb maintenance plan for Marion County 

for continued attainment of the 1.5 

micrograms per cubic meter (μg/m3) 

National Ambient Air Quality Standard 

(NAAQS) promulgated in 1978. This 

update satisfies section 175A of the 

Clean Air Act (CAA), and is in 

accordance with EPA’s May 10, 2000, 

approval of the State’s Redesignation 

Request and Maintenance Plan for the 

Marion County Pb nonattainment areas. 

Additionally, this Pb maintenance plan 

satisfies the requirements for 

maintenance plans contained in the 

September 4, 1992, EPA memorandum 

entitled ‘‘Procedures for Processing 

Requests to Redesignate Areas to 

Attainment.’’ 

DATES: This direct final will be effective 

November 23, 2009, unless EPA receives 

adverse comments by October 26, 2009. 

If adverse comments are received, EPA 

will publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2009–0293, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: mooney.john@epa.gov. 

3. Fax: (312) 692–2551. 

4. Mail: John M. Mooney, Chief, 

Criteria Pollutant Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: John M. Mooney, 

Chief, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2009– 

0293. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 


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48660 Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Rules and Regulations 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone Andy 

Chang, Environmental Engineer, at (312) 

886–0258 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Andy Chang, Environmental Engineer, 

Criteria Pollutant Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–0258, 

chang.andy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. Background 

A. Why did the State make this submittal? 

B. Did the State hold public hearings for 

the maintenance plan update? 

II. What criteria is EPA using to evaluate this 

submittal? 

III. What is EPA’s analysis of this submittal? 

A. Requirements of Section 175A of the 

CAA 

B. Consistency With the September 4, 

1992, Memorandum 

1. Emissions Inventory 

2. Maintenance Demonstration 

3. Monitoring Network 

4. Verification of Continued Attainment 

5. Contingency Plan 

IV. What action is EPA taking? 

V. Statutory and Executive Order Reviews 

I. Background 

A. Why did the State make this 

submittal? 

On November 6, 1991, EPA 

designated a portion of Franklin 

Township in Marion County as a 

primary nonattainment area for Pb 

under section 107 of the CAA (56 FR 

56694). On the same date, EPA 

designated a portion of Wayne 

Township in Marion County as an 

unclassifiable area for Pb. 

On March 2, 2000, IDEM submitted a 

Redesignation Request and Maintenance 

Plan for the Marion County 

nonattainment areas. IDEM’s submittal 

included ambient monitoring data 

showing that the areas met the 1978 Pb 

NAAQS for the prior three years, air 

quality improvements that could be 

attributed to reductions in Pb emissions 

which are permanent and enforceable, 

and a maintenance plan that assured 

continued attainment of the standard. 

As a result, on May 10, 2000 (65 FR 

114223), EPA approved the request. 

The State’s updated maintenance plan 

satisfies the requirements of section 

175A(b) of the CAA, which mandates 

that the State shall submit an additional 

revision to the maintenance plan eight 

years after redesignation of any area as 

an attainment area. It is also consistent 

with the requirements for maintenance 

plan elements outlined in a September 

4, 1992, memorandum from the Director 

of EPA’s Air Quality Management 

Division, entitled ‘‘Procedures for 

Processing Requests to Redesignate 

Areas to Attainment.’’ The State 

submitted the updated maintenance 

plan to EPA on April 1, 2009, and 

supplemented its submittal with two 

technical addenda on June 5, 2009, and 

July 6, 2009. 

B. Did the State hold public hearings for 

the maintenance plan update? 

Public notice was given on February 

20, 2009, in the Indianapolis Star News. 

II. What criteria is EPA using to 

evaluate this submittal? 

In addition to the general 

requirements in section 175A of the 

CAA, guidance for maintenance plans 

and maintenance plan updates are 

provided in the September 4, 1992, 

memorandum, which states that the 

following five components need to be 

addressed: Attainment Inventory, 

Maintenance Demonstration, 

Monitoring Network, Verification of 

Continued Attainment, and Contingency 

Plan. 

III. What is EPA’s analysis of this 

submittal? 

A. Requirements of Section 175A of the 

CAA 

Section 175A contains four 

subsections pertaining to maintenance 

plans. Section 175A(a) establishes 

requirements for initial SIP 

redesignation request maintenance 

plans, as addressed in EPA’s May 10, 

2000 approval of the Indiana plan. 

Section 175A(b) requires states to 

submit an update to the maintenance 

plan eight years following the original 

redesignation to attainment, and IDEM 

has satisfied the requirements of this 

element with its current submittal. It 

also requires that within this update, the 

State must outline methods for 

maintaining the pertinent NAAQS for 

ten years after the expiration of the tenyear period referred to in subsection (a), 

i.e., Indiana’s maintenance plan update 

must outline methods for maintaining 

the 1.5 μg/m3 Pb NAAQS through 2020. 

In a June 5, 2009, technical addendum, 

Indiana provided Pb emissions 

projections that satisfy this requirement. 

Section 175A(c) does not apply to this 

rulemaking, given that EPA has 

previously redesignated Marion County 

to attainment for Pb. The contingency 

provisions requirements outlined in 

section 175A(d) will be addressed in 

detail in Section B5, below. 

B. Consistency With the September 4, 

1992, Memorandum 

As discussed above, EPA’s 

interpretation of section 175A of the 

CAA is contained in the September 4, 

1992, memorandum. Indiana has 

addressed the five major elements of 

that policy, as follows: 

1. Emissions Inventory 

The State is required to develop an 

attainment emissions inventory to 

identify a level of emissions in the area 

which is protective of the 1.5 μg/m3 Pb 

NAAQS. In its submittal, IDEM 

provided a comprehensive emissions 

inventory of major and minor permitted 

sources in Marion County for the base 

year and attainment year (1996) 

compared to the most recent emissions 

inventory (2007). The State 

demonstrated that annual Pb emissions 

in Marion County from permitted 

sources have decreased by over 1.78 

tons (61.58%) from 1996 to 2007. This 

decrease can be attributed to a number 

of factors, including Federally mandated 

programs, the closings of permitted 

stationary sources, and source-specific 

operating provisions. Additionally, the 

State demonstrated that the actual 2007 

emissions were 2.032 tons less than the 

projected 2010 emissions. The State has 

satisfied the attainment inventory 

requirement for maintenance plan 

updates. 

2. Maintenance Demonstration 

The State may generally demonstrate 

maintenance of the 1.5 μg/m3 Pb 

NAAQS by either showing that future 

Pb emissions will not exceed the level 

of the attainment inventory, or by 

modeling to show that the future mix of 

sources and emission rates will not 

cause a violation of the Pb NAAQS. The 

demonstration should be for a period of 

ten years following the redesignation, 

i.e., until 2020 for the maintenance plan 

update. 

In its submittal, IDEM showed, using 

ambient monitoring data collected 

between 1999 and 2008, that the County 

is meeting the 1.5 μg/m3 Pb NAAQS, 

which is based on a quarterly average. 

The highest quarterly average in this 


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Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Rules and Regulations 48661 

time period was less than 0.20 μg/m3, 

which equates to 13% of the 1.5 μg/m3

Pb NAAQS. Pb emissions are expected 

to decrease from 2.897 tons per year in 

1996 to 0.63 tons per year in 2020. As 

1996 was the base year for attainment 

with an emissions inventory of 2.897 

tons, any projected emissions below that 

level will also lead to attainment. 

Therefore, the State has satisfied the 

maintenance demonstration 

requirement for maintenance plan 

updates. 

3. Monitoring Network 

Once an area has been redesignated, 

the State should continue to operate an 

appropriate air quality monitoring 

network, in accordance with 40 CFR 

Part 58, to verify the attainment status 

of the area. In its submittal, IDEM 

specifically identifies two monitoring 

sites located in Marion County, which 

are Air Quality Systems (AQS) I.D. 18– 

097–0063 (7601 Rockville Road) and 

AQS I.D. 18–097–0076 (230 South Girls 

School Road). The monitors have been 

in operation since January 1, 1984, and 

May 6, 1991, respectively. IDEM 

commits to continue monitoring Pb in 

these areas to ensure that Pb 

concentrations remain well below the 

1.5 μg/m3 Pb NAAQS. Furthermore, 

IDEM commits to consult with EPA 

should changes to the existing 

monitoring network be needed. The 

State has satisfied the monitoring 

network requirements for the 

maintenance plan update. 

4. Verification of Continued Attainment 

The State should ensure that it has the 

legal authority to implement and 

enforce all measures necessary to attain 

and to maintain the NAAQS. One such 

measure for maintaining the NAAQS is 

the acquisition of ambient and source 

emission data to demonstrate attainment 

and maintenance. 

IDEM has included quality-assured 

data in its submittal in accordance with 

40 CFR 58.10 (Supbart B—Monitoring 

Network) and the Indiana Quality 

Assurance Manual. The data were found 

to be valid, and was recorded in the 

AQS database, which is available to the 

public. IDEM commits to continue its 

quality assurance and validation 

processes in accordance with 40 CFR 

Part 58 and the Indiana Quality 

Assurance Manual. Furthermore, the 

State commits to enter all data in the 

AQS database in a timely basis in 

accordance with Federal guidelines. The 

State has satisfied the verification of 

continued attainment requirements for 

maintenance plan updates. 

5. Contingency Plan 

Section 175A(d) of the CAA requires 

that a maintenance plan include 

contingency provisions, as necessary, to 

promptly correct any violation of the 

NAAQS that occurs after redesignation 

of an area. The September 4, 1992, 

memorandum further requires that the 

contingency provisions identify the 

measures to be adopted, a schedule and 

procedure for adoption and 

implementation, and a specific time 

limit for action by the State. 

In its April 1, 2009, submittal, Indiana 

commits to the same contingency 

measures that EPA previously approved 

on May 10, 2000 (65 FR 11423). In a July 

6, 2009, technical memorandum, the 

State added one new trigger and 

associated timeline for contingency 

measures: if the State determines that Pb 

levels and emissions are increasing and 

action is necessary to reverse that trend, 

IDEM will implement any necessary 

contingency measures within 18 months 

of the monitoring data being submitted 

to EPA’s AQS database. The State has 

satisfied the contingency plan 

requirements pursuant to section 

175A(d) of the CAA as well as those of 

the September 4, 1992, memorandum. 

IV. What action is EPA taking? 

We are approving this update to the 

Pb maintenance plan for Marion 

County. The State of Indiana has 

complied with requirements of section 

175A of the CAA, as interpreted by the 

guidance provided in the September 4, 

1992, memorandum. Indiana has shown 

through its submittal that Pb emissions 

in Marion County have remained well 

under the level of the 1.5 μg/m3

NAAQS, and that they are expected to 

remain so until at least 2020. 

We are publishing this action without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no adverse comments. 

However, in the Proposed Rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

state plan if relevant adverse written 

comments are filed. This rule will be 

effective November 23, 2009 without 

further notice unless we receive relevant 

adverse written comments by October 

23, 2009. If we receive such comments, 

we will withdraw this action before the 

effective date by publishing a 

subsequent document that will 

withdraw the final action. All public 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed action. EPA will 

not institute a second comment period; 

therefore, any parties interested in 

commenting on this action should do so 

at this time. If we do not receive any 

comments, this action will be effective 

November 23, 2009. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this 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 Clean Air Act; 

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). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 


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48662 Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Rules and Regulations 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by November 23, 

2009. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. Parties with objections to this 

direct final rule are encouraged to file a 

comment in response to the parallel 

notice of proposed rulemaking for this 

action published in the Proposed Rules 

section of today’s Federal Register, 

rather than file an immediate petition 

for judicial review of this direct final 

rule, so that EPA can withdraw this 

direct final rule and address the 

comment in the proposed rulemaking. 

This action may not be challenged later 

in proceedings to enforce its 

requirements. (See section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Lead, Reporting and recordkeeping 

requirements. 

Dated: September 14, 2009. 

Walter W. Kovalick Jr., 

Acting Regional Administrator, Region 5. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart P—Indiana 

■ 2. Section 52.797 is amended by 

adding paragraph (e) to read as follows: 

§ 52.797 Control strategy: Lead. 

* * * * * 

(e) On April 1, 2009, Indiana 

submitted an updated maintenance plan 

under section 175A of the CAA for 

Marion County for the continued 

attainment of the 1.5 μg/m3 lead 

standard. 

[FR Doc. E9–22922 Filed 9–23–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2009–0512; FRL–8961–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Interim Final Determination That Lake 

and Porter Counties Are Exempt From 

NOX RACT Requirements for Purposes 

of Staying Sanctions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Interim final rule. 

SUMMARY: In the Proposed Rules section 

of this Federal Register, EPA is 

proposing approval of Indiana’s request 

to exempt Lake and Porter Counties 

from the Nitrogen Oxides (NOX) 

Reasonably Available Control 

Technology (RACT) requirement under 

section 182(f) of the Clean Air Act 

(CAA) for the 1997 eight-hour ozone 

standard based on a proposed 

determination that the area has attained 

that standard. Based on the proposed 

approval, EPA is making an interim 

final determination by this action that, 

with respect to the NOX RACT 

requirement, the State, contingent upon 

continued monitored attainment of the 

1997 eight-hour ozone National 

Ambient Air Quality Standard 

(NAAQS), has corrected the deficiency 

which was the basis for a sanctions 

clock. This action will defer the 

application of the new source offset 

sanction, which would be imposed on 

September 24, 2009, and defer the 

application of the highway funding 

sanction, which would otherwise apply 

six months after imposition of the offset 

sanction. Although this action is 

effective upon publication, EPA will 

take comment on this interim final 

determination as well as on EPA’s 

proposed determination of attainment 

and proposed approval of the State’s 

requested NOX RACT waiver. EPA will 

publish a new final action addressing 

sanctions at the time it takes further 

action regarding the proposed 

determination of attainment and 

proposed approval of the NOX waiver, 

taking into consideration any comments 

on EPA’s proposed action and this 

interim final action. 

DATES: This interim final determination 

is effective on September 24, 2009. 

However, comments will be accepted 

until October 26, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2009–0512, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: mooney.john@epa.gov. 

• Fax: (312) 692–2551. 

• Mail: John M. Mooney, Chief, 

Criteria Pollutant Section, Air Programs 

Branch, (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

• Hand Delivery: John M. Mooney, 

Chief, Criteria Pollutant Section, Air 

Programs Branch, (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, 18th Floor, 

Chicago, Illinois 60604. Such deliveries 

are only accepted during the Regional 

Office’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2009– 

0512. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 


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