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

affect the dignity and solemnity ofthe cemetery environment orthat 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 ofeither: (i) Omitting the part ofthe emblem that isproblematic while retaining the remainder of the emblem, ifthis is feasible, or (ii)Choosing a different emblem to represent the religious or functionally equivalent beliefthat does not have such an adverse impact.

Applicants will have 60 days from the date ofthe notice to cure any adverse impact or technical defect identified by the Under Secretary. Only ifneither option is acceptable to the applicant, the applicant's requested alternative is also unacceptable, orthe applicant does not respond within the 60-day period, will the Under Secretary ultimately deny the application.

(3)Ifthe Under Secretary determines that the request shouldbe denied and that decision isbased wholly or partly

on information received from a source other than the applicant, then the following procedure willbe followed: (i) A tentative decision denying the request willbe prepared; (ii)Written notice ofthe tentative decision accompanied by a copy ofany information on which the Under Secretary intends torelywill be provided to the applicant; (iii)The applicant willhave 60 days from the date ofthe 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).
[FRDoc. E9-12650 Filed 5-29-09; 8:45 am]

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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 LessThan 2.5 Micrometers (PM 2 .5)
AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule; notice ofgrant 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 ofthe National Resources Defense Council (NRDC) and the Sierra Club, withrespect to the final rule titled, "Implementation ofthe 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 ofthe provisions to which the petitioners objected-a "grandfathering" provision for PM2.5contained in the federal prevention ofsignificant deterioration (PSD)program. The EPA will publish notification inthe Federal Register establishing a comment period and opportunity for a public hearing for the reconsideration proceeding.

The petition forreconsideration and request for administrative stay can be found in the docket forthe May 16, 2008rule. The EPA considered the petition for reconsideration and request for stay, along with information contained inthe rulemaking docket, in reaching a decision onboth the reconsideration and the stay. DATES: Effective June 1, 2009, 40 CFR 52.21(i)(1)(xi) is stayed for aperiod 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 ofThis Document and OtherRelated Information?

This Federal Register notice, the petition for reconsideration and the letter granting reconsideration and an administrative stay ofthe 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 ofthe New Source Review (NSR)Program for Particulate Matter Less Than 2.5 Micrometers (PM2.5)," published on May 16, 2008 at 73 FR 28321, underDocket IDNo. 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 ofEPA's response, andthe 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 inthe docket are listed

on the http://www.regulations.govWeb site. Although listed inthe index, some information maynot be publicly available, i.e., confidential business information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, isnot placed on the Internet and willbe publicly available only in hard copy form. Publicly available docket materials are available either electronically through http://www.regulations.govor in hard
copy atthe 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 legalholidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number forthe EPA Docket Center is (202) 566-1742.

In addition to being available in the docket, an electronic copy ofthis 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 CleanAir Act section 307(b), judicial review ofthe 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 forreview in the U.S. Court ofAppeals for the District of Columbia Circuit on orbefore July 31, 2009.

Dated: May 22, 2009. Lisa P.Jackson, Administrator.
* Forreasons discussed inthe preamble, the EPA amends 40 CFR part 52 as follows:

PART 52-[AMENDED]

m1.The authority citation for part52 continues toread as follows:

Authority: 42 US.C. 7401 etseq.


### §52.21 [Amended]
* 2. Effective June 1,2009, in §52.21, paragraph (i)(1)(xi) is administratively stayed until September 1,2009. [FRDoc. E9-12572 Filed 5-29-09; 8:45 am]

BILLING CODE 6560-50-P

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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 forthe 1997 8-Hour Ozone Standard for Cherokee County

AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule.

SUMMARY: EPAis taking directfinal action to approve arevision 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 planwas submitted for EPA action onDecember 13, 2007, bythe 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 ofthe Clean Air Act (CAA). The maintenance plan meets allthe statutory and regulatory requirements, and is consistent with EPA's guidance. On March 12, 2008, EPA issued arevised

ozone standard. Today's action, however, is being taken to address requirements under the 1997 8-hour

ozone standard. Requirements forthe Cherokee County Areaunder 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. IfEPA receives such comment, EPA will publish a timely withdrawal in the Federal Register informing the public thatthis rule will
not take effect. ADDRESSES: Submit your comments, identified byDocket IDNo. EPA-R04- OAR-2008-0797, by one ofthe 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. HandDeliveryor 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 ofbusiness areMonday 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 willbe included in the public docket without change and may be made available online athttp: //www.regulations.gov,including any personal information provided, unless the comment includes information claimed tobe Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit through http:// www.regulations.govor e-mail, information that you consider tobe CBI

or otherwise protected. The http:// www.regulations.govWeb siteis an "anonymous access" system, which

means EPA will not know your identity

or contact information unless you provide itin the body ofyour comment. Ifyou 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 ofthe comment that is placed in the public docket and made available on the Internet. Ifyou submit an electronic comment, EPA recommends that you include your name and other contact information in the body ofyour comment andwith any disk or CD-ROM you submit. IfEPA
cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA maynot 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.govindex. Although listed inthe 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, isnot placed on the Internet and willbe publicly available only inhard copy form. Publicly available docket materials are available either electronically in http:// www.regulations.govorin 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 ifat all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours ofbusiness 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 maybe reached by phone at (404) 562-9152 or by electronic mail addressfarngalo.zuri@epa.gov. SUPPLEMENTARY INFORMATION:
Table of Contents
I.Background II.Analysis ofthe 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 arequest to redesignate the Cherokee County Area 

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