21802 Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Notices 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2009–0295; FRL–8902–9] 

Agency Information Collection 

Activities; Proposed Collection; 

Comment Request; Rule for the 

Inclusion of Delaware and New Jersey 

in the Clean Air Insterstate Rule—Final 

Rule; EPA ICR No. 2184.03, OMB 

Control No. 2060–0584 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act (PRA) (44 

U.S.C. 3501 et seq.), this document 

announces that EPA is planning to 

submit a request to renew an existing 

approved Information Collection 

Request (ICR) to the Office of 

Management and Budget (OMB). This 

ICR is scheduled to expire on July 31, 

2009. Before submitting the ICR to OMB 

for review and approval, EPA is 

soliciting comments on specific aspects 

of the proposed information collection 

as described below. 

DATES: Comments must be submitted on 

or before July 10, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2009–0295 by one of the following 

methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: a-and-rdocket@epamail.epa.gov. 

• Fax: (202) 566–1741. 

• Mail: Air and Radiation Docket and 

Information Center, Environmental 

Protection Agency, Mailcode: 6102T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460. 

• Hand Delivery: Environmental 

Protection Agency, EPA Docket Center 

(EPA/DC), EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC 20004. Such deliveries are only 

accepted during the Docket’s normal 

hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2009– 

0295. 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. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

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

FOR FURTHER INFORMATION CONTACT: 

Karen VanSickle, Clean Air Markets 

Division, Office of Air and Radiation, 

(6204J), Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone 

number: (202) 343–9220; fax number: 

(202) 343–2361; e-mail address: 

vansickle.karen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

How Can I Access the Docket and/or 

Submit Comments? 

EPA has established a public docket 

for this ICR under Docket ID No. EPA– 

HQ–OAR–2009–0295, which is 

available for online viewing at http:// 

www.regulations.gov, or in person 

viewing at the Air and Radiation Docket 

in the EPA Docket Center (EPA/DC), 

EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC. The EPA/DC 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 

Reading Room is 202–566–1744, and the 

telephone number for the Air and 

Radiation Docket is 202–566–1742. 

Use http://www.regulations.gov to 

obtain a copy of the draft collection of 

information, submit or view public 

comments, access the index listing of 

the contents of the docket, and to access 

those documents in the public docket 

that are available electronically. Once in 

the system, select ‘‘search,’’ then key in 

the docket ID number identified in this 

document. 

What Information is EPA Particularly 

Interested in? 

Pursuant to section 3506(c)(2)(A) of 

the PRA, EPA specifically solicits 

comments and information to enable it 

to: 

(i) Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the Agency, including 

whether the information will have 

practical utility; 

(ii) Evaluate the accuracy of the 

Agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

(iii) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(iv) Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology, e.g., permitting 

electronic submission of responses. In 

particular, EPA is requesting comments 

from very small businesses (those that 

employ less than 25) on examples of 

specific additional efforts that EPA 

could make to reduce the paperwork 

burden for very small businesses 

affected by this collection. 

What Should I Consider when I Prepare 

My Comments for EPA? 

You may find the following 

suggestions helpful for preparing your 

comments: 

1. Explain your views as clearly as 

possible and provide specific examples. 

2. Describe any assumptions that you 

used. 

3. Provide copies of any technical 

information and/or data you used that 

support your views. 

4. If you estimate potential burden or 

costs, explain how you arrived at the 

estimate that you provide. 

5. Offer alternative ways to improve 

the collection activity. 

6. Make sure to submit your 

comments by the deadline identified 

under DATES. 

7. To ensure proper receipt by EPA, 

be sure to identify the docket ID number 

assigned to this action in the subject 

line on the first page of your response. 

You may also provide the name, date, 

and Federal Register citation. 

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