Federal Register / Vol. 74, No. 122 / Friday, June 26, 2009 / Rules and Regulations 30469 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on Tribal governments or preempt 

Tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by August 25, 2009. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the Proposed Rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: June 11, 2009. 

Walter W. Kovalick Jr, 

Acting Regional Administrator, Region 5. 

■ 40 CFR part 52 is amended 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. 

Subpart O—Illinois 

■ 2. Section 52.720 is amended by 

adding paragraph (c)(184) to read as 

follows: 

§ 52.720 Identification of plan. 

* * * * * 

(c) * * * 

(184) On October 23, 2007, the Illinois 

Environmental Protection Agency 

submitted revisions to its State 

implementation plan for the Oxides of 

Nitrogen (NOX) SIP Call Phase II. The 

State has submitted revisions to 35 

Illinois Administrative Code (Ill. Adm. 

Code) Parts 211 and 217. The rules 

pertain to definitions and general 

provisions, and control of Nitrogen 

Oxides (NOX), respectively. The rules 

satisfy the requirements of EPA’s NOX

SIP Call Phase II Rule (the Phase II 

Rule). 

(i) Incorporation by reference. (A) 

Illinois Administrative Code, Title 35: 

Environmental Protection, Subtitle B: 

Air Pollution, Chapter I: Pollution 

Control Board, Subchapter c: Emission 

Standards and Limitations for 

Stationary Sources, Part 211: Definitions 

and General Provisions, Subpart B: 

Definitions, Sections: 211.740 

Brakehorsepower; 211.1740 Diesel 

Engine; 211.1920 Emergency or Standby 

Unit; 211.3300 Lean-burn Engine; and 

211.5640 Rich-burn Engine; effective 

September 25, 2007. (B) Illinois 

Administrative Code, Title 35: 

Environmental Protection, Subtitle B: 

Air Pollution, Chapter I: Pollution 

Control Board, Subchapter c: Emission 

Standards and Limitations for 

Stationary Sources, Part 217: Nitrogen 

Dioxide Emissions, Subpart A: General 

Provisions, Sections: 217.101 

Measurement Methods; 217.102 

Abbreviation and Units; Subpart Q: 

Stationary Reciprocating Internal 

Combustion Engines and Turbines, 

Sections 217.386 Applicability; 217.388 

Control and Maintenance Requirements; 

217.390 Emissions Averaging Plan; 

217.392 Compliance; 217.394 Testing 

and Monitoring; 217.396 Recordkeeping 

and Reporting; and 217 Appendix G: 

Existing Reciprocating Internal 

Combustion Engines Affected by the 

NOX SIP Call; effective September 25, 

2007. 

(ii) Additional material. Illinois 

Administrative Code, Title 35: 

Environmental Protection, Subtitle B: 

Air Pollution, Chapter I: Pollution 

Control Board, Subchapter c: Emission 

Standards and Limitations for 

Stationary Sources, Part 217: Nitrogen 

Dioxide Emissions, Subpart A: General 

Provisions, Section 217.104 

Incorporation by Reference; effective 

September 25, 2007. 

[FR Doc. E9–14855 Filed 6–25–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 58 

Ambient Air Quality Surveillance 

CFR Correction 

In Title 40 of the Code of Federal 

Regulations, Parts 53 to 59, revised as of 

July 1, 2008, on page 271, in appendix 

G to part 58, Table 2 is corrected to read 

as follows: 

Appendix G to Part 58—Uniform Air 

Quality Index (AQI) and Daily 

Reporting 

* * * * * 

30470 Federal Register / Vol. 74, No. 122 / Friday, June 26, 2009 / Rules and Regulations 

TABLE 2—BREAKPOINTS FOR THE AQI 

These breakpoints Equal these AQI’s 

O3 (ppm) 

8-hour 

O3 (ppm) 

1-hour 1

PM2.5

(μg/m3) 

PM10

(μg/m3) CO (ppm) SO2 (ppm) NO2(ppm) AQI Category 

0.000–0.059 ................ .................... 0.0–15.4 0–54 0.0–4.4 0.000–0.034 (3) 0–50 Good. 

0.060–0.075 ................ .................... 15.5–40.4 55–154 4.5–9.4 0.035–0.144 (3) 51–100 Moderate. 

0.076–0.095 ................ 0.125–0.164 40.5–65.4 155–254 9.5–12.4 0.145–0.224 (3) 101–150 Unhealthy for Sensitive Groups. 

0.096–0.115 ................ 0.165–0.204 4 65.5–150.4 255–354 12.5–15.4 0.225–0.304 (3) 151–200 Unhealthy. 

0.116–0.374 ................ 0.205–0.404 4 150.5–250.4 355–424 15.5–30.4 0.305–0.604 0.65–1.24 201–300 Very Unhealthy. 

(2) ................................ 0.405–0.504 4 250.5–350.4 425–504 30.5–40.4 0.605–0.804 1.25–1.64 301–400 

(2) ................................ 0.505–0.604 4 350.5–500.4 505–604 40.5–50.4 0.805–1.004 1.65–2.04 401–500 Hazardous. 

1Areas are generally required to report the AQI based on 8-hour ozone values. However, there are a small number of areas where an AQI 

based on 1-hour ozone values would be more precautionary. In these cases, in addition to calculating the 8-hour ozone index value, the 1-hour 

ozone index value may be calculated, and the maximum of the two values reported. 2 8-hour O3 values do not define higher AQI values (≥ 301). AQI values of 301 or greater are calculated with 1-hour O3 concentrations. 3 NO2 has no short-term NAAQS, and can generate an AQI only above the value of 200. 4 If a different SHL for PM2.5 is promulgated, these numbers will change accordingly. 

* * * * * 

[FR Doc. E9–15326 Filed 6–25–09; 8:45 am] 

BILLING CODE 1505–01–D 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2008–0770; FRL–8413–6] 

Chlorantraniliprole; Pesticide 

Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of 

chlorantraniliprole in or on almonds; 

nut, tree, crop group 14, and pistachios. 

E.I. Du Pont de Nemours and Company 

requested these tolerances under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA). This regulation also 

establishes time-limited rotational crop 

tolerances for residues of 

chlorantraniliprole in or on cowpeas, 

forage and hay; field peas, vines and 

hay; forage, fodder and straw of cereal 

grains, crop group 16; grass forage, 

fodder and hay, crop group 17; leaves of 

root and tuber vegetables, crop group 2, 

leeks, nongrass animal feeds (forage, 

fodder, straw and hay), crop group 18; 

okra; onions, green; onions, Welsh; 

peanuts, hay; shallots; soybeans, forage 

and hay; strawberries and sugarcane, 

sugar. The time-limited tolerances 

expire on April 25, 2010. 

DATES: This regulation is effective June 

26, 2009. Objections and requests for 

hearings must be received on or before 

August 25, 2009, and must be filed in 

accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2008–0770. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(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 in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: 

Kable Bo Davis, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 306–0415; e-mail address: 

davis.kable@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to those engaged in the 

following activities: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather to provide a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How Can I Access Electronic Copies 

of this Document? 

In addition to accessing electronically 

available documents at http:// 

www.regulations.gov, you may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr. You may 

also access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s e-CFR 

cite at http://www.gpoaccess.gov/ecfr. 

C. Can I File an Objection or Hearing 

Request? 

Under section 408(g) of FFDCA, 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation