Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permit for CEMEX, Inc.-Lyons Cement Plant, 21803-21804 [E9-10966]
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Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Notices
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
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15:05 May 08, 2009
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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]
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21803
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:
https://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
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21804
Federal Register / Vol. 74, No. 89 / Monday, May 11, 2009 / Notices
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]
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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 ...........................
2
Wireline Competition ......................................
3
Wireline Competition ......................................
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.
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.
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 https://
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
https://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
* 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
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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
interpreted to limit the Commission’s authority to
consider any relevant information.
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]]>Agencies
[Federal Register Volume 74, Number 89 (Monday, May 11, 2009)]
[Notices]
[Pages 21803-21804]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-10966]
-----------------------------------------------------------------------
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: https://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
[[Page 21804]]
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]
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