26098 Federal Register / Vol. 74, No. 103 / Monday, June 1, 2009 / Rules and Regulations 

affect the dignity and solemnity of the 

cemetery environment or that the 

emblem does not meet the technical 

requirements for inscription, the Under 

Secretary shall notify the applicant in 

writing and offer to the applicant the 

option of either: 

(i) Omitting the part of the emblem 

that is problematic while retaining the 

remainder of the emblem, if this is 

feasible, or 

(ii) Choosing a different emblem to 

represent the religious or functionally 

equivalent belief that does not have 

such an adverse impact. 

Applicants will have 60 days from the 

date of the notice to cure any adverse 

impact or technical defect identified by 

the Under Secretary. Only if neither 

option is acceptable to the applicant, the 

applicant’s requested alternative is also 

unacceptable, or the applicant does not 

respond within the 60-day period, will 

the Under Secretary ultimately deny the 

application. 

(3) If the Under Secretary determines 

that the request should be denied and 

that decision is based wholly or partly 

on information received from a source 

other than the applicant, then the 

following procedure will be followed: 

(i) A tentative decision denying the 

request will be prepared; 

(ii) Written notice of the tentative 

decision accompanied by a copy of any 

information on which the Under 

Secretary intends to rely will be 

provided to the applicant; 

(iii) The applicant will have 60 days 

from the date of the written notice 

specified in subparagraph (ii) to present 

evidence and/or argument challenging 

the evidence and/or tentative decision; 

and 

(iv) The Under Secretary will consider 

the applicant’s submission under 

subparagraph (iii) and will issue a final 

decision on the request. 

(4) The Director, Office of Field 

Programs, will provide the individual 

who made the request written notice of 

the Under Secretary’s decision. 

Authority: (38 U.S.C. 501, 2404). 

[FR Doc. E9–12650 Filed 5–29–09; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 51 and 52 

[EPA–HQ–OAR–2003–0062; FRL–8910–6] 

RIN 2060–AN86 

Implementation of the New Source 

Review Program for Particulate Matter 

Less Than 2.5 Micrometers (PM2.5) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; notice of grant of 

reconsideration and administrative stay 

of regulation. 

SUMMARY: The Environmental Protection 

Agency (EPA or Agency) is providing 

notice that through a letter signed on 

April 24, 2009, EPA has granted a 

petition for reconsideration dated 

February 10, 2009, submitted by 

Earthjustice on behalf of the National 

Resources Defense Council (NRDC) and 

the Sierra Club, with respect to the final 

rule titled, ‘‘Implementation of the New 

Source Review (NSR) Program for 

Particulate Matter Less Than 2.5 

Micrometers (PM2.5),’’ published on 

May 16, 2008. In addition, EPA has 

administratively stayed one of the 

provisions to which the petitioners 

objected—a ‘‘grandfathering’’ provision 

for PM2.5 contained in the federal 

prevention of significant deterioration 

(PSD) program. The EPA will publish 

notification in the Federal Register 

establishing a comment period and 

opportunity for a public hearing for the 

reconsideration proceeding. 

The petition for reconsideration and 

request for administrative stay can be 

found in the docket for the May 16, 

2008 rule. The EPA considered the 

petition for reconsideration and request 

for stay, along with information 

contained in the rulemaking docket, in 

reaching a decision on both the 

reconsideration and the stay. 

DATES: Effective June 1, 2009, 40 CFR 

52.21(i)(1)(xi) is stayed for a period of 

three months, until September 1, 2009. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Dan deRoeck, Air Quality Policy 

Division, (C504–03), U.S. 

Environmental Protection Agency, 

Research Triangle Park, NC 27711; 

telephone number: (919) 541–5593; or 

e-mail address: deroeck.dan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. How Can I Get Copies of This 

Document and Other Related 

Information? 

This Federal Register notice, the 

petition for reconsideration and the 

letter granting reconsideration and an 

administrative stay of the grandfathering 

provision under the federal PSD 

program at 40 CFR 52.21(i)(1)(xi) are 

available in the docket that EPA has 

established for the final rule titled 

‘‘Implementation of the New Source 

Review (NSR) Program for Particulate 

Matter Less Than 2.5 Micrometers 

(PM2.5),’’ published on May 16, 2008 at 

73 FR 28321, under Docket ID No. EPA– 

HQ–OAR–2003–0062. The table below 

identifies the petitioner, the date EPA 

received the petition, the document 

identification number for the petition, 

the date of EPA’s response, and the 

document identification number for 

EPA’s response. 

Petitioner Date of 

petition to EPA 

Petition: 

Document No. 

in docket 

Date of EPA 

response 

EPA response: 

Document No. 

in docket 

National Resources Defense Council/Sierra Club ........................................... 2/10/2009 0281 4/24/2009 0282 

Note that all document numbers listed 

in the table are in the form of ‘‘EPA– 

HQ–OAR–2003–0062–xxxx.’’ 

All documents in the docket are listed 

on the http://www.regulations.gov Web 

site. Although listed in the index, 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 through 

http://www.regulations.gov or in hard 

copy at the EPA Docket Center, Docket 

ID No. EPA–HQ–OAR–2003–0062, EPA 

West, Room 3334, 1301 Constitution 

Avenue, Northwest, 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 EPA 

Docket Center is (202) 566–1742. 

In addition to being available in the 

docket, an electronic copy of this 

Federal Register notice and EPA’s 

response letter to the petitioners are also 

available on the World Wide Web at 

http://www.epa.gov/nsr. 

II. Judicial Review 

Under Clean Air Act section 307(b), 

judicial review of the Agency’s decision 

concerning the stay is available only by 

Federal Register / Vol. 74, No. 103 / Monday, June 1, 2009 / Rules and Regulations 26099 

filing a petition for review in the U.S. 

Court of Appeals for the District of 

Columbia Circuit on or before July 31, 

2009. 

Dated: May 22, 2009. 

Lisa P. Jackson, 

Administrator. 

■ For reasons discussed in the 

preamble, the EPA amends 40 CFR part 

52 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. 

§ 52.21 [Amended] 

■ 2. Effective June 1, 2009, in § 52.21, 

paragraph (i)(1)(xi) is administratively 

stayed until September 1, 2009. 

[FR Doc. E9–12572 Filed 5–29–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2008–0797–200824(a); 

FRL–8911–5] 

Approval and Promulgation of Air 

Quality Implementation Plans: South 

Carolina; Approval of Section 110(a)(1) 

Maintenance Plan for the 1997 8-Hour 

Ozone Standard for Cherokee County 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a revision to the South 

Carolina State Implementation Plan 

(SIP) concerning the maintenance plan 

addressing the 1997 8-hour ozone 

standard for Cherokee County, South 

Carolina. This maintenance plan was 

submitted for EPA action on December 

13, 2007, by the State of South Carolina, 

and ensures the continued attainment of 

the 1997 8-hour ozone national ambient 

air quality standard (NAAQS) through 

the year 2014. EPA is approving the SIP 

revision pursuant to section 110 of the 

Clean Air Act (CAA). The maintenance 

plan meets all the statutory and 

regulatory requirements, and is 

consistent with EPA’s guidance. On 

March 12, 2008, EPA issued a revised 

ozone standard. Today’s action, 

however, is being taken to address 

requirements under the 1997 8-hour 

ozone standard. Requirements for the 

Cherokee County Area under the 2008 

8-hour ozone standard will be addressed 

in the future. 

DATES: This rule is effective on July 31, 

2009 without further notice, unless EPA 

receives relevant adverse comment by 

July 1, 2009. If EPA receives such 

comment, EPA will publish a timely 

withdrawal in the Federal Register 

informing the public that this rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2008–0797, by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

2. E-mail: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2008– 

0797,’’ Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Lynorae 

Benjamin, Chief, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding Federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. ‘‘EPA–R04–OAR–2008– 

0797.’’ 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 through http:// 

www.regulations.gov or e-mail, 

information that you consider to be CBI 

or otherwise protected. 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. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the http: 

//www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI 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 in http:// 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Zuri 

Farngalo, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960. Zuri 

Farngalo may be reached by phone at 

(404) 562–9152 or by electronic mail 

address farngalo.zuri@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Analysis of the State’s Submittals 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

In accordance with the CAA, the 

Cherokee County Area in South 

Carolina was designated as a 

nonattainment area effective November 

6, 1991 (56 FR 56694) because the area 

did not meet the 1-hour ozone NAAQS. 

On December 15, 1992, the State of 

South Carolina submitted a request to 

redesignate the Cherokee County Area