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 (PM 2 .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 (PM 2.5)," 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. EPAHQ-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.

Date of Petition: Date of EPA EPA response: Petitioner Document No. Document No. petition to EPA in docket 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 "EPAHQ-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

26098

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

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]

m 1. The authority citation for part 52

continues to read as follows:

Authority: 42 US.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

[E PA-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., GBI 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

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