Approval and Promulgation of Air Quality Implementation Plans; Maryland; Determination of Clean Data for the 1997 Fine Particulate Matter Standard, 49834-49835 [E9-23502]

Download as PDF CPrice-Sewell on DSKGBLS3C1PROD with PROPOSALS 49834 Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Proposed Rules C. Mail: EPA–R03–OAR–2009–0547, Cristina Fernandez, Chief, Air Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. D. Hand Delivery: At the previouslylisted EPA Region III address. 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–R03–OAR–2009– 0547. EPA’s policy is that all comments received will be included in the public docket without change, and may be made available online at https:// 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 https:// www.regulations.gov. or e-mail. The https://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 https:// 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. Docket: All documents in the electronic docket are listed in the https:// www.regulations.gov. index. Although listed in the index, some information is not publicly available, i.e., 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 either electronically in https:// www.regulations.gov. or in hard copy during normal business hours at the Air VerDate Nov<24>2008 15:35 Sep 28, 2009 Jkt 217001 Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. FOR FURTHER INFORMATION CONTACT: Marilyn Powers, (215) 814–2308, or by e-mail at powers.marilyn@epa.gov. Dated: September 18, 2009. William C. Early, Acting Regional Administrator, Region III. [FR Doc. E9–23500 Filed 9–28–09; 8:45 am] BILLING CODE P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2009–0199; FRL–8963–7] Approval and Promulgation of Air Quality Implementation Plans; Maryland; Determination of Clean Data for the 1997 Fine Particulate Matter Standard AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule; reopening of the comment period. SUMMARY: EPA is reopening the comment period for a notice of proposed rulemaking (NPR) published on July 31, 2009 (74 FR 38161). In the NPR, EPA proposed to determine that the Baltimore, Maryland portion of the Hagerstown-Martinsburg nonattainment areas for the 1997 National Ambient Air Quality Standard (NAAQS) fine particulate (PM2.5) have clean data for the 1997 PM2.5 NAAQS. EPA received comments from EarthJustice requesting that the 2009 monitored data referred to in the proposed rule be made available as part of the record and that the proposed rule either be revised or the comment period reopened to allow the public to consider the data. EPA is, therefore, reopening the comment period and including the data that was relied upon for the proposed clean data determination as well as the 2009 monitored data. The data relied upon by EPA is now provided in a Technical Support Document which is included in the record for this rulemaking. EPA is reopening the comment period through October 29, 2009. All comments received on or before October 29, 2009 will be entered into the public record and considered by EPA before taking final action on the proposed rule. DATES: Written comments must be received on or before October 29, 2009. ADDRESSES: Submit your comments, identified by Docket ID Number EPA– PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 R03–OAR–2009–0199 by one of the following methods: A. https://www.regulations.gov. Follow the on-line instructions for submitting comments. B. E-mail: fernandez.cristina@epa.gov. C. Mail: EPA–R03–OAR–2009–0199, Cristina Fernandez, Chief, Air Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. D. Hand Delivery: At the previouslylisted EPA Region III address. 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–R03–OAR–2009– 0199. EPA’s policy is that all comments received will be included in the public docket without change, and may be made available online at https:// 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 https:// www.regulations.gov or e-mail. The https://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 https:// 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. Docket: All documents in the electronic docket are listed in the https://www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on E:\FR\FM\29SEP1.SGM 29SEP1 Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Proposed Rules the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in https:// www.regulations.gov or in hard copy during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. FOR FURTHER INFORMATION CONTACT: Jacqueline Lewis, (215) 814–2037, or by e-mail at lewis.jacqueline@epa.gov. Dated: September 18, 2009. William C. Early, Acting Regional Administrator, Region III. [FR Doc. E9–23502 Filed 9–28–09; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS-R6-ES-2009-0037] [92210-1117-0000-B4] Endangered and Threatened Wildlife and Plants; 12–month Finding on a Petition To Revise Critical Habitat for Eriogonum pelinophilum (Clay-Loving Wild Buckwheat) CPrice-Sewell on DSKGBLS3C1PROD with PROPOSALS AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of 12–month petition finding. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce our 12–month finding on a petition to revise critical habitat for Eriogonum pelinophilum (clay-loving wild buckwheat) under the Endangered Species Act of 1973, as amended (Act). After a thorough review of all available scientific and commercial information, we find that revisions to critical habitat for E. pelinophilum are warranted but precluded by other priorities. Given this finding, we intend to initiate rulemaking when we complete the higher priorities and we have the necessary resources to do so. DATES: The finding announced in this document was made on September 29, 2009. ADDRESSES: This finding is available on the Internet at https:// www.regulations.gov. Supporting documentation we used to prepare this finding is available for public inspection, by appointment during normal business hours at the U.S. Fish and Wildlife Service, Western Colorado Ecological Services Office, 764 Horizon VerDate Nov<24>2008 15:35 Sep 28, 2009 Jkt 217001 Drive, Building B, Grand Junction, CO 81506-3946, by telephone at 970-2432778; or by facsimile at 970-245-6933. FOR FURTHER INFORMATION CONTACT: Patty Gelatt, Acting Western Colorado Supervisor, Fish and Wildlife Service, Western Colorado Ecological Services Office, 764 Horizon Drive, Building B, Grand Junction, CO 81506-3946, by telephone at 970-243-2778; or by facsimile at 970-245-6933. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800877-8339. Please include ‘‘Eriogonum pelinophilum scientific information’’ in the subject line for faxes and emails. SUPPLEMENTARY INFORMATION: Section 4(b)(3)(D)(ii) of the Act (16 U.S.C. 1531 et seq.) requires that, for any petition containing substantial scientific and commercial information that indicates revisions to critical habitat may be warranted, we make a finding within 12 months of the date of receipt of the petition and publish a notice in the Federal Register indicating how we intend to proceed with the requested revision. Background Previous Federal Actions We proposed to list Eriogonum pelinophilum as an endangered species in 1983, and we proposed critical habitat at the same time (48 FR 28504; June 22, 1983). We published the final rule designating the species as endangered in 1984, along with a final critical habitat designation (49 FR 28562; July 13, 1984). Critical habitat, as designated in 1984, encompassed 119.8 acres (ac) (48.5 hectares (ha)), which was then the entire known range of the species (49 FR 28562; July 13, 1984). On July 24, 2006, we received a petition dated July 17, 2006, from the Center for Native Ecosystems, the Colorado Native Plant Society, and the Uncompahgre Valley Association (collectively referred to here as the petitioners) requesting that we amend the critical habitat designation for Eriogonum pelinophilum (Center for Native Ecosystems et al. 2006, p. 1). The petition clearly identified itself as a petition and included the requisite identification information that 50 CFR 424.14(a) requires. The petition contained a species and habitat description for E. pelinophilum, a description of previous Federal actions, a section addressing statutory requirements for E. pelinophilum, a description of the various populations and their status, a section addressing threats to E. pelinophilum, and recommendations regarding critical PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 49835 habitat for the species. Potential threats discussed in the petition include destruction and modification of habitat, herbivory, and inadequate regulatory mechanisms. On September 29, 2006, we acknowledged the receipt of the petition but stated that given staff and budget limitations we could not work on the administrative finding at that time (Service 2006, in litt.). On November 13, 2006, we received a letter dated November 9, 2006, from the petitioners notifying us of their 60–day intent to sue for our failure to make a 90–day finding for Eriogonum pelinophilum (Center for Native Ecosystems 2006, in litt.). On March 3, 2008, the petitioners filed suit with the United States District Court for the District of Colorado for our failure to make a 90–day finding for the species (Center for Native Ecosystems 2008). On September 25, 2008, a settlement agreement was reached whereby the Service agreed to submit a 90–day finding to the Federal Register by June 15, 2009, and, if the petition was considered substantial, submit a 12–month finding to the Federal Register by September 21, 2009 (U.S. Department of Justice 2008). This 12– month finding evaluates the status of existing critical habitat as stipulated in the settlement. We published our 90–day finding regarding the petition to revise critical habitat for Eriogonum pelinophilum on June 22, 2009 (74 FR 29456). We determined the petition presented substantial information indicating that revising critical habitat for E. pelinophilum under the Act may be warranted, thus initiating this 12–month finding (74 FR 29456; June 22, 2009). We have fully considered all information received in response to information requested in our 90–day finding. This 12–month finding discusses only those topics directly relevant to the revisions of existing critical habitat for Eriogonum pelinophilum. We also are in the process of preparing a 5–year review for E. pelinophilum where we are conducting a more thorough review of the species’ status (73 FR 58261; October 6, 2008). Species Information Eriogonum pelinophilum was first collected near Hotchkiss, Colorado, in Delta County in 1958 (Reveal 2006, p. 1). The species was first recognized as its own taxon in 1969, and officially described in 1973 (Reveal 1969, pp. 7576; 1973, pp. 120-122). No other locations were identified until 1984 (Colorado Natural Areas Program (CNAP) 1986, p. 1). E:\FR\FM\29SEP1.SGM 29SEP1

Agencies

[Federal Register Volume 74, Number 187 (Tuesday, September 29, 2009)]
[Proposed Rules]
[Pages 49834-49835]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23502]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2009-0199; FRL-8963-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; Determination of Clean Data for the 1997 Fine Particulate 
Matter Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; reopening of the comment period.

-----------------------------------------------------------------------

SUMMARY: EPA is reopening the comment period for a notice of proposed 
rulemaking (NPR) published on July 31, 2009 (74 FR 38161). In the NPR, 
EPA proposed to determine that the Baltimore, Maryland portion of the 
Hagerstown-Martinsburg nonattainment areas for the 1997 National 
Ambient Air Quality Standard (NAAQS) fine particulate 
(PM2.5) have clean data for the 1997 PM2.5 NAAQS. 
EPA received comments from EarthJustice requesting that the 2009 
monitored data referred to in the proposed rule be made available as 
part of the record and that the proposed rule either be revised or the 
comment period reopened to allow the public to consider the data. EPA 
is, therefore, reopening the comment period and including the data that 
was relied upon for the proposed clean data determination as well as 
the 2009 monitored data. The data relied upon by EPA is now provided in 
a Technical Support Document which is included in the record for this 
rulemaking. EPA is reopening the comment period through October 29, 
2009. All comments received on or before October 29, 2009 will be 
entered into the public record and considered by EPA before taking 
final action on the proposed rule.

DATES: Written comments must be received on or before October 29, 2009.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2009-0199 by one of the following methods:
    A. https://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-mail: fernandez.cristina@epa.gov.
    C. Mail: EPA-R03-OAR-2009-0199, Cristina Fernandez, Chief, Air 
Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
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-R03-OAR-
2009-0199. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at https://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 https://www.regulations.gov or e-mail. The https://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 https://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.
    Docket: All documents in the electronic docket are listed in the  
https://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on

[[Page 49835]]

the Internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available either electronically 
in https://www.regulations.gov or in hard copy during normal business 
hours at the Air Protection Division, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.

FOR FURTHER INFORMATION CONTACT: Jacqueline Lewis, (215) 814-2037, or 
by e-mail at lewis.jacqueline@epa.gov.

    Dated: September 18, 2009.
William C. Early,
Acting Regional Administrator, Region III.
[FR Doc. E9-23502 Filed 9-28-09; 8:45 am]
BILLING CODE 6560-50-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.