Approval and Promulgation of Implementation Plans Georgia: State Implementation Plan Revision, 27737-27738 [E9-13593]
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Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Proposed Rules
opt-in unit provisions. However, West
Virginia’s rule still requires compliance
initially with the Acid Rain Program
requirement set forth in sections 73.35
and 77.5 of the Acid Rain Program rules,
which themselves require the use of
only title IV allowances. Consequently,
EPA interprets subsections 54.2.a.1 and
54.2.a.2 to allow only for the use of title
IV allowances. Moreover, since West
Virginia’s rule defines ‘‘CAIR SO2
allowance’’ as including allowances
allocated to CAIR opt-in units, EPA
interprets subsections 54.2.a.3, 54.2.b,
54.2.b.2, and 54.4.a to allow for the use
of title IV allowances and allowances
allocated to CAIR opt-in units. In a letter
submitted to EPA on April 30, 2008, the
West Virginia Department of
Environmental Protection adopted this
interpretation.
VI. Proposed Action
EPA is proposing to approve West
Virginia’s full CAIR SIP revision
submitted on April 22, 2008, as
interpreted and clarified herein. EPA is
proposing to approve the recodification
and revision of provisions (in sections
45–40–90 and 45–40–100) addressing
NOX ozone season emission reduction
requirements for internal combustion
engines and cement kilns, none of
which are included in the CAIR trading
programs. Under the SIP revision, West
Virginia is choosing to participate in the
EPA-administered CAIR cap-and-trade
programs for SO2, NOX annual, and NOX
ozone season emissions. The SIP
revision, as interpreted and clarified
herein, meets the applicable
requirements of CAIR, set forth in 40
CFR 51.123(o) and (aa), with regard to
NOX annual and NOX ozone season
emissions, and 40 CFR 51.124(o), with
regard to SO2 emissions. EPA is
soliciting public comments on the
issues discussed in this document.
These comments will be considered
before taking final action.
cprice-sewell on PRODPC61 with PROPOSALS
VII. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
proposes to approve state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this proposed action:
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• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
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 proposed approval of
West Virginia’s SIP revision to meet the
requirements of CAIR 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides.
Authority: 42 U.S.C. 7401 et seq.
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27737
Dated: May 29, 2009.
William C. Early,
Acting Regional Administrator, Region III.
[FR Doc. E9–13725 Filed 6–10–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2008–0831–200825(b);
FRL–8915–6]
Approval and Promulgation of
Implementation Plans Georgia: State
Implementation Plan Revision
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: EPA is proposing to approve
the State Implementation Plan (SIP)
revision submitted by the Georgia
Department of Natural Resources,
through the Georgia Environmental
Protection Division, on June 25, 2008.
The revisions include modifications to
Georgia’s Air Quality Rules found at
Chapters 391–3–1–.01, and 391–3–1–
.02, pertaining to ‘‘Definitions,’’ and
‘‘Emission Limitations and Standards,’’
respectively. This action is being taken
pursuant to section 110 of the Clean Air
Act.
In the Final Rules Section of this
Federal Register, EPA is approving the
State’s SIP revision as a direct final rule
without prior proposal because the
Agency views this as a noncontroversial
submittal and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If no adverse comments are
received in response to this rule, no
further activity is contemplated. If EPA
receives adverse comments, the direct
final rule will be withdrawn and all
public comments received will be
addressed in a subsequent final rule
based on this proposed rule. EPA will
not institute a second comment period
on this document. Any parties
interested in commenting on this
document should do so at this time.
DATES: Written comments must be
received on or before July 13, 2009.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2008–0831, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. E-mail: harder.stacy@epa.gov.
3. Fax: 404–562–9019.
4. Mail: ‘‘EPA–R04–OAR–2008–
0831,’’ Regulatory Development Section,
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27738
Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Proposed Rules
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Stacy
Harder, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street,
SW., Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding federal
holidays.
Please see the direct final rule which
is located in the Rules section of this
Federal Register for detailed
instructions on how to submit
comments.
FOR FURTHER INFORMATION CONTACT:
Stacy Harder, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street,
SW., Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9042.
Ms. Harder can also be reached via
electronic mail at harder.stacy@epa.gov.
SUPPLEMENTARY INFORMATION: For
additional information see the direct
final rule which is published in the
Rules Section of this Federal Register.
Dated: June 1, 2009.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
[FR Doc. E9–13593 Filed 6–10–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2009–0230; FRL–8900–7]
Revisions to the California State
Implementation Plan, Monterey Bay
Unified Air Pollution Control District,
Placer County Air Pollution Control
District
cprice-sewell on PRODPC61 with PROPOSALS
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: EPA is proposing to approve
revisions to the Monterey Bay Unified
Air Pollution Control District
(MBUAPCD) and Placer County Air
Pollution Control District (PCAPCD)
portions of the California State
Implementation Plan (SIP). These
revisions concern volatile organic
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compound (VOC) emissions from
storage tanks and the operation of steam
drive crude oil production wells. We are
proposing to approve local rules to
regulate these emission sources under
the Clean Air Act as amended in 1990
(CAA or the Act).
DATES: Any comments on this proposal
must arrive by July 13, 2009.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2009–0230, by one of the
following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the on-line
instructions.
2. E-mail: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel
(Air–4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments 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
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
https://www.regulations.gov or e-mail.
https://www.regulations.gov is an
‘‘anonymous access’’ system, and EPA
will not know your identity or contact
information unless you provide it in the
body of your comment. If you send email directly to EPA, your e-mail
address will be automatically captured
and included as part of the public
comment. 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: The index to the docket for
this action is available electronically at
https://www.regulations.gov and in hard
copy at EPA Region IX, 75 Hawthorne
Street, San Francisco, California. While
all documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Nicole Law, EPA Region IX, (415) 947–
4126, Law.Nicole@epa.gov.
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This
proposal addresses the following local
rules: MBUAPQD 427 and PCAPQD
212. In the Rules and Regulations
section of this Federal Register, we are
approving these local rules in a direct
final action without prior proposal
because we believe these SIP revisions
are not controversial. If we receive
adverse comments, however, we will
publish a timely withdrawal of the
direct final rule and address the
comments in subsequent action based
on this proposed rule. Please note that
if we receive adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
we may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
We do not plan to open a second
comment period, so anyone interested
in commenting should do so at this
time. If we do not receive adverse
comments, no further activity is
planned. For further information, please
see the direct final action.
SUPPLEMENTARY INFORMATION:
Dated: April 3, 2009.
Laura Yoshii,
Acting Regional Administrator, Region IX.
[FR Doc. E9–13479 Filed 6–10–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2009–0142, FRL–8901–9]
Revisions to the California State
Implementation Plan, Antelope Valley
Air Quality Management District and
South Coast Air Quality Management
District
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: EPA is proposing to approve
revisions to the Antelope Valley Air
Quality Management District
(AVAQMD) and South Coast Air Quality
Management District portions of the
California State Implementation Plan
(SIP). Under authority of the Clean Air
Act as amended in 1990 (CAA or the
Act), we are proposing to approve local
rules that address particulate matter
(PM–10) emissions from open outdoor
fires and from wood burning devices.
DATES: Any comments on this proposal
must arrive by July 13, 2009.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
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Agencies
[Federal Register Volume 74, Number 111 (Thursday, June 11, 2009)]
[Proposed Rules]
[Pages 27737-27738]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-13593]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2008-0831-200825(b); FRL-8915-6]
Approval and Promulgation of Implementation Plans Georgia: State
Implementation Plan Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve the State Implementation Plan
(SIP) revision submitted by the Georgia Department of Natural
Resources, through the Georgia Environmental Protection Division, on
June 25, 2008. The revisions include modifications to Georgia's Air
Quality Rules found at Chapters 391-3-1-.01, and 391-3-1-.02,
pertaining to ``Definitions,'' and ``Emission Limitations and
Standards,'' respectively. This action is being taken pursuant to
section 110 of the Clean Air Act.
In the Final Rules Section of this Federal Register, EPA is
approving the State's SIP revision as a direct final rule without prior
proposal because the Agency views this as a noncontroversial submittal
and anticipates no adverse comments. A detailed rationale for the
approval is set forth in the direct final rule. If no adverse comments
are received in response to this rule, no further activity is
contemplated. If EPA receives adverse comments, the direct final rule
will be withdrawn and all public comments received will be addressed in
a subsequent final rule based on this proposed rule. EPA will not
institute a second comment period on this document. Any parties
interested in commenting on this document should do so at this time.
DATES: Written comments must be received on or before July 13, 2009.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2008-0831, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: harder.stacy@epa.gov.
3. Fax: 404-562-9019.
4. Mail: ``EPA-R04-OAR-2008-0831,'' Regulatory Development Section,
[[Page 27738]]
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.
5. Hand Delivery or Courier: Stacy Harder, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are only
accepted during the Regional Office's normal hours of operation. The
Regional Office's official hours of business are Monday through Friday,
8:30 to 4:30, excluding federal holidays.
Please see the direct final rule which is located in the Rules
section of this Federal Register for detailed instructions on how to
submit comments.
FOR FURTHER INFORMATION CONTACT: Stacy Harder, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9042. Ms. Harder can also be reached via electronic mail at
harder.stacy@epa.gov.
SUPPLEMENTARY INFORMATION: For additional information see the direct
final rule which is published in the Rules Section of this Federal
Register.
Dated: June 1, 2009.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
[FR Doc. E9-13593 Filed 6-10-09; 8:45 am]
BILLING CODE 6560-50-P