Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Clean Air Interstate Rule, 31904-31905 [E9-15794]

Download as PDF 31904 Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Proposed Rules B. Where Can I Obtain a Copy of This Action and Other Related Information? In addition to being available in the docket, an electronic copy of the proposed amendments is also available on the Worldwide Web (https:// www.epa.gov/ttn/) through the Technology Transfer Network (TTN). Following signature, a copy of the proposed amendment will be posted on the TTN’s policy and guidance page for newly proposed or promulgated rules at https://www.epa.gov/ttn/oarpg. The TTN provides information and technology exchange in various areas of air pollution control. Dated: June 26, 2009. Jennifer N. Edmonds, Acting Director, Office of Air Quality Planning and Standards. [FR Doc. E9–15805 Filed 7–2–09; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA–R03–OAR–2009–0033; FRL–8925–8] Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Clean Air Interstate Rule cprice-sewell on PROD1PC69 with PROPOSALS AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule; correction. SUMMARY: This document corrects and clarifies an error in the preamble language of the proposal to approve a West Virginia State Implementation Plan (SIP) revision that addresses the requirements of EPA’s Clean Air Interstate Rule (CAIR), and recodifies and revises provisions pertaining to sources that are subject to the nitrogen oxides (NOX) SIP Call. DATES: Written comments must be received on or before July 13, 2009. ADDRESSES: Submit your comments, identified by Docket ID Number EPA– R03–OAR–2009–0033 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–2009–0033, 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 VerDate Nov<24>2008 15:20 Jul 02, 2009 Jkt 217001 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– 0033. 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 Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the West Virginia Department of Environmental Protection, Division of Air Quality, 601 57th Street SE., Charleston, West Virginia 25304. PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 FOR FURTHER INFORMATION CONTACT: Marilyn Powers, at (215) 814–2308, or by e-mail at powers.marilyn@epa.gov. SUPPLEMENTARY INFORMATION: On June 11, 2009 (74 FR 27731), EPA published a notice of proposed rulemaking announcing the approval of West Virginia’s CAIR rules and recodification and revision of provisions pertaining to internal combustion engines and cement kilns that are subject to the NOx SIP Call. In the preamble of this document, EPA inadvertently printed the incorrect number of allowances in West Virginia’s Compliance Supplement Pool (CSP). This action corrects the number of allowances in the West Virginia CSP from 4,898 allowances to 16,929 allowances. Correction In rule document E9–13725, on page 27736, the first sentence of the third paragraph in the first column should read: ‘‘West Virginia’s compliance supplement pool is comprised of 16,929 allowances.’’ 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: • 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 E:\FR\FM\06JYP1.SGM 06JYP1 Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Proposed Rules 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. Dated: June 24, 2009. William C. Early, Acting Regional Administrator, Region III. [FR Doc. E9–15794 Filed 7–2–09; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 260 and 261 [EPA–HQ–RCRA–2009–0315; FRL–8926–4 ] RIN 2050–AG31 Definition of Solid Waste Public Meeting; Extension of Comment Period cprice-sewell on PROD1PC69 with PROPOSALS AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of Public Meeting and Request for Comments; Extension of comment period. SUMMARY: EPA is announcing an extension to the comment period for the public meeting notice published in the Federal Register on May 27, 2009 regarding the Agency’s recent regulation on the definition of solid waste under Subtitle C of the Resource Conservation and Recovery Act (RCRA). The comment period is being extended 30 days to August 13, 2009. EPA is currently reviewing a petition filed with the Administrator under RCRA section 7004(a) requesting that the Agency reconsider and repeal the recently promulgated revisions to the definition VerDate Nov<24>2008 15:20 Jul 02, 2009 Jkt 217001 of solid waste for hazardous secondary materials being reclaimed, and is soliciting comments and information to assist the agency in evaluating the petition. DATES: Persons may submit written or electronic comments by August 13, 2009. The administrative record of the meeting will remain open for submissions until August 13, 2009. ADDRESSES: Written comments. Submit your written comments, identified by Docket ID No. EPA–HQ–RCRA 2009– 0315 by one of the following methods: • https://www.regulations.gov: Follow the online instructions for submitting comments. • E-mail: Comments may be sent by electronic mail (e-mail) to RCRAdocket@epa.gov, Attention Docket ID No. EPA–HQ–RCRA–2009–0315. • Fax: Fax comments to: 202–566– 9744, Attention Docket ID No. EPA– HQ–RCRA 2009–0315 • Mail: Send comments to: OSWER Docket, EPA Docket Center, Mail Code 2822–T, Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington D.C. 20460, Attention Docket ID No. EPA–HQ–RCRA–2009– 0315. Instructions: 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 email 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 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 31905 encryption, and be free of any defects or viruses. Docket: All documents in the docket are listed in the https:// www.regulations.gov index. Although listed in the index, some information is not publicly available, such as CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in https:// www.regulations.gov or in hard copy at the OSWER Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington DC. The 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 Public Reading Room is (202) 566–1744, and the telephone number for the OSWER Docket is 202– 566–0270. FOR FURTHER INFORMATION CONTACT: For more detailed information on the definition of solid waste regulations, contact Tracy Atagi, Office of Resource Conservation and Recovery, Materials Recovery and Waste Management Division, MC 5304P, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington DC 20460, at (703) 308–8672 (atagi.tracy@epa.gov). For information on specific aspects of the public meeting, contact Amanda Geldard, Office of Resource Conservation and Recovery, Materials Recovery and Waste Management Division, MC 5304P, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington DC 20460, at (703) 347–8975, (geldard.amanda@epa.gov). Dated: June 29, 2009. Matt Hale, Director, Office of Resource Conservation and Recovery. [FR Doc. E9–15807 Filed 7–2–09; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\06JYP1.SGM 06JYP1

Agencies

[Federal Register Volume 74, Number 127 (Monday, July 6, 2009)]
[Proposed Rules]
[Pages 31904-31905]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-15794]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2009-0033; FRL-8925-8]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Clean Air Interstate Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; correction.

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

SUMMARY: This document corrects and clarifies an error in the preamble 
language of the proposal to approve a West Virginia State 
Implementation Plan (SIP) revision that addresses the requirements of 
EPA's Clean Air Interstate Rule (CAIR), and recodifies and revises 
provisions pertaining to sources that are subject to the nitrogen 
oxides (NOX) SIP Call.

DATES: Written comments must be received on or before July 13, 2009.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2009-0033 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-2009-0033, 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-
2009-0033. 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 Protection Division, U.S. Environmental Protection Agency, Region 
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the 
State submittal are available at the West Virginia Department of 
Environmental Protection, Division of Air Quality, 601 57th Street SE., 
Charleston, West Virginia 25304.

FOR FURTHER INFORMATION CONTACT: Marilyn Powers, at (215) 814-2308, or 
by e-mail at powers.marilyn@epa.gov.

SUPPLEMENTARY INFORMATION: On June 11, 2009 (74 FR 27731), EPA 
published a notice of proposed rulemaking announcing the approval of 
West Virginia's CAIR rules and recodification and revision of 
provisions pertaining to internal combustion engines and cement kilns 
that are subject to the NOx SIP Call. In the preamble of this document, 
EPA inadvertently printed the incorrect number of allowances in West 
Virginia's Compliance Supplement Pool (CSP). This action corrects the 
number of allowances in the West Virginia CSP from 4,898 allowances to 
16,929 allowances.

Correction

    In rule document E9-13725, on page 27736, the first sentence of the 
third paragraph in the first column should read: ``West Virginia's 
compliance supplement pool is comprised of 16,929 allowances.''

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:
     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

[[Page 31905]]

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.

    Dated: June 24, 2009.
William C. Early,
Acting Regional Administrator, Region III.
[FR Doc. E9-15794 Filed 7-2-09; 8:45 am]
BILLING CODE 6560-50-P
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