Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Notices 21803 

What Information Collection Activity or 

ICR Does this Apply to? 

Affected entities: Entities potentially 

affected by this action are Delaware and 

New Jersey air pollution control 

agencies. 

Title: Inclusion of Delaware and New 

Jersey in the Clean Air Interstate Rule. 

ICR numbers: EPA ICR No. 2184.03, 

OMB Control No. 2060–0584. 

ICR status: This ICR is currently 

scheduled to expire on July 31, 2009. 

An Agency may not conduct or sponsor, 

and a person is not required to respond 

to, a collection of information, unless it 

displays a currently valid OMB control 

number. The OMB control numbers for 

EPA’s regulations in title 40 of the CFR, 

after appearing in the Federal Register 

when approved, are listed in 40 CFR 

part 9, are displayed either by 

publication in the Federal Register or 

by other appropriate means, such as on 

the related collection instrument or 

form, if applicable. The display of OMB 

control numbers in certain EPA 

regulations is consolidated in 40 CFR 

part 9. 

Abstract: The United States (U.S.) 

Environmental Protection Agency (EPA) 

has a final Rule to add the States of 

Delaware and New Jersey to the States 

that are subject to the Clean Air 

Interstate Rule (CAIR) because of their 

PM2.5 impact on other States and to 

require that Delaware and New Jersey 

report all of the emissions related data 

required by CAIR. (Delaware and New 

Jersey are already affected by ozonerelated requirements in CAIR.) These 

emissions data reporting requirements 

include new reporting requirements and 

combine these new requirements with 

existing requirements from the 

Consolidated Emissions Reporting Rule 

(CERR), the Emission Reporting 

Requirements for Ozone State 

Implementation Plan (SIP) Revisions 

Relating to Statewide Budgets for NOX

Emissions to Reduce Regional Transport 

of Ozone (NOX SIP Call), the Acid Rain 

Program under Title IV of the CAA 

Amendments of 1990, and the Rule to 

Reduce Interstate Transport of Fine 

Particulate Matter and Ozone (Clean Air 

Interstate Rule, CAIR). Each of these 

four existing requirements has an 

approved ICR in place. The current ICRs 

are: for the CERR, ICR #0916.10 (OMB 

2060–0088), for the NOX SIP Call, ICR 

#1857.03 (OMB 2060–0445), for the 

Acid Rain Program, ICR #1633.13 (OMB 

2060–0258), and for CAIR, ICR #2152.01 

(OMB 2060–0570). 

Burden Statement: The annual public 

reporting and recordkeeping burden for 

this collection of information is 

estimated to average 741 hours per 

response. Burden means the total time, 

effort, or financial resources expended 

by persons to generate, maintain, retain, 

or disclose or provide information to or 

for a Federal agency. This includes the 

time needed to review instructions; 

develop, acquire, install, and utilize 

technology and systems for the purposes 

of collecting, validating, and verifying 

information, processing and 

maintaining information, and disclosing 

and providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements which have subsequently 

changed; train personnel to be able to 

respond to a collection of information; 

search data sources; complete and 

review the collection of information; 

and transmit or otherwise disclose the 

information. 

The ICR provides a detailed 

explanation of the Agency’s estimate, 

which is only briefly summarized here: 

Estimated total number of potential 

respondents: 2. 

Frequency of response: Varies by task. 

Estimated total average number of 

responses for each respondent: 370. 

Estimated total annual burden hours: 

2,452 hours. 

Estimated total annual costs: 

$262,772.80. This includes an estimated 

burden cost of $242,593.80 and an 

estimated cost of $20,179.00 for capital 

investment or maintenance and 

operational costs. 

What is the Next Step in the Process for 

this ICR? 

EPA will consider the comments 

received and amend the ICR as 

appropriate. The final ICR package will 

then be submitted to OMB for review 

and approval pursuant to 5 CFR 

1320.12. At that time, EPA will issue 

another Federal Register notice 

pursuant to 5 CFR 1320.5(a)(1)(iv) to 

announce the submission of the ICR to 

OMB and the opportunity to submit 

additional comments to OMB. If you 

have any questions about this ICR or the 

approval process, please contact the 

technical person listed under FOR

FURTHER INFORMATION CONTACT. 

Dated: May 4, 2009. 

Janice K. Wagner, 

Acting Director, Clean Air Markets Division, 

Office and Air and Radiation. 

[FR Doc. E9–10965 Filed 5–8–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8903–2] 

Clean Air Act Operating Permit 

Program; Petition for Objection to 

State Operating Permit for CEMEX, 

Inc.—Lyons Cement Plant 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of final action. 

SUMMARY: This document announces 

that the EPA Administrator has 

responded to a citizen petition asking 

EPA to object to an operating permit 

issued by the Colorado Department of 

Public Health and Environment 

(CDPHE). Specifically, the 

Administrator has partially granted and 

partially denied the March 21, 2008 

petition, submitted by Rocky Mountain 

Clean Air Action (Petitioner), to object 

to the March 1, 2008 operating permit 

issued to CEMEX, Inc. to operate the 

Lyons Cement Plant. 

Pursuant to section 505(b)(2) of the 

Clean Air Act (Act), Petitioners may 

seek judicial review of those portions of 

the petitions, which EPA denied in the 

United States Court of Appeals for the 

appropriate circuit. Any petition for 

review shall be filed within 60 days 

from the date this notice appears in the 

Federal Register, pursuant to section 

307 of the Act. 

ADDRESSES: You may review copies of 

the final order, the petition, and other 

supporting information at the EPA 

Region 8 Office, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129. EPA 

requests that if at all possible, you 

contact the individual listed in the FOR

FURTHER INFORMATION CONTACT section to 

view the copies of the final order, the 

petition, and other supporting 

information. You may view the hard 

copies Monday through Friday, 8 a.m. to 

4 p.m., excluding Federal holidays. If 

you wish to examine these documents, 

you should make an appointment at 

least 24 hours before visiting day. 

Additionally, the final order for CEMEX, 

Inc, is available electronically at: 

http://www.epa.gov/region07/programs/ 

artd/air/title5/petitiondb/petitions/ 

cemex_response2009.pdf 

FOR FURTHER INFORMATION CONTACT: 

Donald Law, Office of Partnerships and 

Regulatory Assistance, EPA, Region 8, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–7015, 

law.donald@epa.gov. 

SUPPLEMENTARY INFORMATION: The Act 

affords EPA a 45-day period to review, 

and object to as appropriate, a Title V 

operating permit proposed by State 

21804 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Notices 

*The summaries listed in this notice are intended 

for the use of the public attending open 

Commission meetings. Information not summarized 

may also be considered at such meetings. 

Consequently these summaries should not be 

interpreted to limit the Commission’s authority to 

consider any relevant information. 

permitting authorities. Section 505(b)(2) 

of the Act authorizes any person to 

petition the EPA Administrator, within 

60 days after the expiration of this 

review period, to object to a Title V 

operating permit if EPA has not done so. 

Petitions must be based only on 

objections to the permit that were raised 

with reasonable specificity during the 

public comment period provided by the 

State, unless the petitioner demonstrates 

that it was impracticable to raise these 

issues during the comment period or the 

grounds for the issues arose after this 

period. 

On March 21, 2008, EPA received a 

petition from Rocky Mountain Clean Air 

Action requesting that EPA object to the 

issuance of the Title V operating permit 

to CEMEX, Inc. for the operation of the 

Lyons Cement Plant. First, the Petitioner 

alleges that the CEMEX, Inc. Lyons 

Cement Plant modified the Plant 

without including emission limits and 

standards that represent Best 

Achievable Control Technology (BACT) 

and Lowest Achievable Emission Rate 

(LAER) consistent with the Prevention 

of Significant Deterioration (PSD) and 

the Nonattainment New Source Review 

(NA NSR) provisions. In addition, the 

Petitioner alleges that the Title V permit 

fails to include a compliance plan to 

bring the plant into compliance with 

emission limits that represent BACT 

and LAER. The Petitioner alleges a 

compliance plan is necessary and cites 

to the Notice of Violation (NOV) EPA 

issued to CEMEX on March 28, 2007. 

EPA issued the NOV to CEMEX alleging 

violations, in part, of regulations for 

PSD and NA NSR. Second, the 

Petitioner raises several allegations of 

PSD and NSR violations in addition to 

those alleged in the EPA NOV. 

Specifically, Petitioner alleged that 

there were six kiln modifications and 

three dryer modifications that violated 

PSD and NA NSR requirements. 

On April 20, 2009, the Administrator 

issued an order partially granting and 

partially denying the petition. The order 

explains the reasons behind EPA’s 

conclusion to partially grant and 

partially deny the petition for objection. 

Dated: May 1, 2009. 

Stephen S. Tuber, 

Acting Regional Administrator, Region 8. 

[FR Doc. E9–10966 Filed 5–8–09; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Meetings; Sunshine Act 

May 6, 2009. 

FCC To Hold Open Commission 

Meeting, Wednesday, May 13, 2009 

The Federal Communications 

Commission will hold an Open Meeting 

on the subjects listed below on 

Wednesday, May 13, 2009, which is 

scheduled to commence at 10 a.m. in 

Room TW–C305, at 445 12th Street, 

SW., Washington, DC. 

Item 

No. Bureau Subject 

1 Office of Managing Director ........................... Title: Assessment and Collection of Regulatory Fees for Fiscal Year 2009 (MD Docket No. 

08–65). 

Summary: The Commission will consider a Notice of Proposed Rulemaking and Order 

that seeks comment on the collection of regulatory fees for Fiscal Year 2009 and proposes adjustments to the existing regulatory fee schedule contained in Section 9 of the 

Communications Act. 

2 Wireline Competition ...................................... Title: IP–Enabled Services (WC Docket No. 04–36). 

Summary: The Commission will consider a Report and Order concerning the requirements 

of interconnected VoIP providers when discontinuing service. 

3 Wireline Competition ...................................... Title: Local Number Portability Porting Interval and Validation Requirements (WC Docket 

No. 07–244); Telephone Number Portability (CC Docket No. 95–116). 

Summary: The Commission will consider a Report and Order and Further Notice of Proposed Rulemaking concerning the interval for porting a customer’s telephone number in 

response to wireline-to-wireline and intermodal port requests. 

The meeting site is fully accessible to 

people using wheelchairs or other 

mobility aids. Sign language 

interpreters, open captioning, and 

assistive listening devices will be 

provided on site. Other reasonable 

accommodations for people with 

disabilities are available upon request. 

Include a description of the 

accommodation you will need. Also 

include a way we can contact you if we 

need more information. Last minute 

requests will be accepted, but may be 

impossible to fill. Send an e-mail to 

fcc504@fcc.gov or call the Consumer & 

Governmental Affairs Bureau at 202– 

418–0530 (voice), 202–418–0432 (tty). 

Additional information concerning 

this meeting may be obtained from 

Audrey Spivack or David Fiske, Office 

of Media Relations, (202) 418–0500; 

TTY 1–888–835–5322. Audio/Video 

coverage of the meeting will be 

broadcast live with open captioning 

over the Internet from the FCC’s Audio/ 

Video Events Web page at http:// 

www.fcc.gov/realaudio. 

For a fee this meeting can be viewed 

live over George Mason University’s 

Capitol Connection. The Capitol 

Connection also will carry the meeting 

live via the Internet. To purchase these 

services call (703) 993–3100 or go to 

http://www.capitolconnection.gmu.edu. 

Copies of materials adopted at this 

meeting can be purchased from the 

FCC’s duplicating contractor, Best Copy 

and Printing, Inc. (202) 488–5300; Fax 

(202) 488–5563; TTY (202) 488–5562. 

These copies are available in paper 

format and alternative media, including 

large print/type; digital disk; and audio 

and video tape. Best Copy and Printing, 

Inc. may be reached by e-mail at 

FCC@BCPIWEB.com. 

Federal Communications Commission. 

William F. Caton, 

Deputy Secretary. 

[FR Doc. E9–11065 Filed 5–7–09; 4:15 pm] 

BILLING CODE 6712–01–P