Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Determination of Clean Data for the 1997 Fine Particulate Matter Standard, 43653-43654 [E9-20735]

Download as PDF Federal Register / Vol. 74, No. 165 / Thursday, August 27, 2009 / Proposed Rules srobinson on DSKHWCL6B1PROD with PROPOSALS A.3(c) Repair and alteration projects involving, but not adversely affecting, properties listed on or eligible for the National Register of Historic Places. A.3(d) Repair to or replacement in kind of equipment or components in AFRHcontrolled facilities without change in location, e.g. HVAC, electrical distribution systems, windows, doors or roof. A.3(e) Disposal or other disposition of claimed or unclaimed personal property of deceased persons. A.3(f) Supportive services that include health care and housing services, permanent housing placement, day care, nutritional services, collection of payment for services, short-term payments for rent/mortgage/utility costs, and assistance in gaining access to local, State, and Federal government benefits and services. A.3(g) Normal personnel, fiscal, and administrative activities involving civilian personnel (recruiting, processing, paying, and records keeping). A.3(h) Routine or minor facility maintenance, custodial, and groundskeeping activities such as window washing, lawn mowing, trash collecting, and snow removal that do not involve environmentally sensitive areas (such as eroded areas, wetlands, cultural sites, or areas with endangered/ threatened species). A.3(i) Environmental Site Assessment activities under RCRA and CERCLA; A.3(j) Geological, geophysical, geochemical, and engineering surveys and mapping, including the establishment of survey marks; A.3(k) Installation and operation of ambient air and noise monitoring equipment that does not include constructing or erecting towers; A.3(l) Routine procurement of goods and services (complying with applicable procedures for sustainable or ‘‘green’’ procurement) to support operations and infrastructure, including routine utility services and contracts. A.3(m) Routine movement/relocations of residents on site. A.4 CATEXs Requiring Documentation The following are categorical exclusions that require preparation of a checklist to ensure that no extraordinary circumstances exist that would require preparation of an EA or EIS. Checklists may be obtained from the Master Planner at 3700 North Capitol Street, NW., Washington, DC 20011. A.4(a) Expansion or improvement of an existing facility where all of the following conditions are met: A.4(a)(1) The structure and proposed use are substantially in compliance with local planning and zoning and any applicable State or Federal requirements; A.4(a)(2) The proposed use will only slightly increase the number of motor vehicles at the facility; A.4(a)(3) The site and the scale of construction are consistent with those of existing adjacent or nearby buildings; and A.4(a)(4) There is no evidence of environmental controversy. A.4(b) Transfer or disposal of real property to State or local agencies for VerDate Nov<24>2008 16:24 Aug 26, 2009 Jkt 217001 preservation or protection of wildlife conservation and historic monument purposes. A.4(c) Disposal of fixtures, related personal property, demountable structures, and transmission lines in accordance with management requirements. A.4(d) Disposal of properties where the size, area, topography, and zoning are similar to existing surrounding properties and/or where current and reasonable anticipated uses are or would be similar to current surrounding uses (e.g., commercial store in a commercial strip, warehouse in an urban complex, office building in downtown area, row house or vacant lot in an urban area). A.4(e) Demolition, removal and disposal of debris from the demolition or improvement of buildings and other structures neither on nor eligible for listing on the National Register of Historic Places and when under applicable regulations (i.e., removal of asbestos, polychlorinated biphenyls (PCBs), and other hazardous material) when other environmental laws and regulations will be satisfied prior to demolition, removal and disposal. A.4(f) Relocations and realignments of employees and/or residents from one geographic area to another that: Fall below the thresholds for reportable actions and do not involve related activities such as construction, renovation, or demolition activities that would otherwise require an EA or an EIS to impellent. This includes reorganization and reassignments with no changes in employee and/or resident status, and routine administrative reorganizations and consolidations. Appendix B to Part 200: The Action Requiring an Environmental Assessment The following actions are not considered to be major Federal actions significantly affecting the quality of the human environment and; therefore, require an Environmental Impact Statement (EIS) nor are considered a categorical exclusion as defined in these regulations and would require the preparation of an Environmental Assessment (EA): B.1 Construction on previously disturbed property where there is the potential for a increase in traffic and people. Appendix C to Part 200: Actions Requiring Environmental Impact Statement The following actions are considered to be major Federal actions significantly affecting the quality of the human environment, and therefore must be the subjects of EIS, as indicates may have significant environmental effects: C.1 Acquisition of space by Federal construction or lease construction, or expansion or improvement of an existing facility, where one or more of the following applies: C.1(a) The structure and/or proposed use are not substantially consistent with local planning and zoning or any applicable State or Federal requirements. PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 43653 C.1(b) The proposed use will substantially increase the number of motor vehicles at the facility. C.1(c) The site and scale of construction are not consistent with those of existing adjacent or nearby buildings. C.1(d) There is evidence of current or potential environmental controversy. C.2 Space acquisition programs projected for a substantial geographical area (e.g., a metropolitan area) for a 3-to-5-year period or greater (Note: A Programmatic EIS is often appropriate here, from which subsequent EISs and EAs can be tiered). Dated: August 21, 2009. Timothy Cox, Chief Operating Officer. [FR Doc. E9–20674 Filed 8–26–09; 8:45 am] BILLING CODE 8250–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2009–0547; FRL–8950–4] Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Determination of Clean Data for the 1997 Fine Particulate Matter Standard AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule; correction. SUMMARY: This document corrects an omission in the preamble language of the notice of proposed rulemaking (NPR) to determine that the West Virginia portions of three nonattainment areas for the 1997 fine particulate (PM2.5) National Ambient Air Quality Standard (NAAQS) have clean data for the 1997 PM2.5 NAAQS. DATES: Written comments must be received on or before August 31, 2009. ADDRESSES: Submit your comments, identified by Docket ID Number EPA– R03–OAR–2009–0547 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–2009–0547, 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 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. E:\FR\FM\27AUP1.SGM 27AUP1 srobinson on DSKHWCL6B1PROD with PROPOSALS 43654 Federal Register / Vol. 74, No. 165 / Thursday, August 27, 2009 / Proposed Rules 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 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 www.regulations.gov or e-mail. The 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 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 encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the 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 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: Marilyn Powers, at (215) 814–2308, or by e-mail at powers.marilyn@epa.gov. SUPPLEMENTARY INFORMATION: On July 31, 2009 (74 FR 38154), EPA published an NPR to determine that the West Virginia portions of three nonattainment areas have clean data for the 1997 PM2.5 NAAQS. In the preamble of this VerDate Nov<24>2008 16:24 Aug 26, 2009 Jkt 217001 document, EPA inadvertently omitted a partial county that is part of the West Virginia portion of the ParkersburgMarietta WV–OH nonattainment area. This action corrects the omission of the Grant Tax District in Pleasants County as part of the West Virginia portion of the nonattainment area. 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 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). PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 In addition, this correction to the proposed determination that the West Virginia portions of the HagerstownMartinsburg, Parkersburg-Marietta, and Wheeling nonattainment areas have clean data for the 1997 PM2.5 standard 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. Correction In rule document E9–18393, on page 38154, in the issue of July 31, 2009, the second sentence of the Summary is corrected to read: ‘‘These are Berkeley County, part of the HagerstownMartinsburg MD-WV nonattainment area; Wood County and the Grant Tax District in Pleasants County, part of the Parkersburg-Marietta WV-OH nonattainment area; and Marshall County and Ohio County, part of the Wheeling WV-OH nonattainment area, hereinafter referred to in this notice as the West Virginia portions of the Hagerstown-Martinsburg, ParkersburgMarietta, and Wheeling PM2.5 nonattainment areas.’’ Also, on page 38156, the last sentence of Section III is corrected to read: ‘‘The Hagerstown-Martinsburg nonattainment area (Berkeley County, WV and Washington County, MD), the Parkersburg-Marietta nonattainment area (Wood County, WV, the Grant Tax District in Pleasants County, WV, and Washington County, OH), and the Wheeling nonattainment area (Marshall County, WV, Ohio County, WV, and Belmont County, OH) were designated nonattainment for the 1997 PM2.5 NAAQS (see 40 CFR part 81).’’ Dated: August 19, 2009. William C. Early, Acting Regional Administrator, Region III. [FR Doc. E9–20735 Filed 8–26–09; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 81 [EPA–R09–OAR–2008–0467; FRL–8950–2] Designation of Areas for Air Quality Planning Purposes; California; San Joaquin Valley, South Coast Air Basin, Coachella Valley, and Sacramento Metro Ozone Nonattainment Areas; Reclassification AGENCY: Environmental Protection Agency (EPA). E:\FR\FM\27AUP1.SGM 27AUP1

Agencies

[Federal Register Volume 74, Number 165 (Thursday, August 27, 2009)]
[Proposed Rules]
[Pages 43653-43654]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20735]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2009-0547; FRL-8950-4]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; correction.

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

SUMMARY: This document corrects an omission in the preamble language of 
the notice of proposed rulemaking (NPR) to determine that the West 
Virginia portions of three nonattainment areas for the 1997 fine 
particulate (PM2.5) National Ambient Air Quality Standard 
(NAAQS) have clean data for the 1997 PM2.5 NAAQS.

DATES: Written comments must be received on or before August 31, 2009.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2009-0547 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-2009-0547, 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 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.

[[Page 43654]]

    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 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 www.regulations.gov or e-mail. 
The 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 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 
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 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: Marilyn Powers, at (215) 814-2308, or 
by e-mail at powers.marilyn@epa.gov.

SUPPLEMENTARY INFORMATION: On July 31, 2009 (74 FR 38154), EPA 
published an NPR to determine that the West Virginia portions of three 
nonattainment areas have clean data for the 1997 PM2.5 
NAAQS. In the preamble of this document, EPA inadvertently omitted a 
partial county that is part of the West Virginia portion of the 
Parkersburg-Marietta WV-OH nonattainment area. This action corrects the 
omission of the Grant Tax District in Pleasants County as part of the 
West Virginia portion of the nonattainment area.

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 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 correction to the proposed determination that the 
West Virginia portions of the Hagerstown-Martinsburg, Parkersburg-
Marietta, and Wheeling nonattainment areas have clean data for the 1997 
PM2.5 standard 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.

Correction

    In rule document E9-18393, on page 38154, in the issue of July 31, 
2009, the second sentence of the Summary is corrected to read: ``These 
are Berkeley County, part of the Hagerstown-Martinsburg MD-WV 
nonattainment area; Wood County and the Grant Tax District in Pleasants 
County, part of the Parkersburg-Marietta WV-OH nonattainment area; and 
Marshall County and Ohio County, part of the Wheeling WV-OH 
nonattainment area, hereinafter referred to in this notice as the West 
Virginia portions of the Hagerstown-Martinsburg, Parkersburg-Marietta, 
and Wheeling PM2.5 nonattainment areas.''
    Also, on page 38156, the last sentence of Section III is corrected 
to read: ``The Hagerstown-Martinsburg nonattainment area (Berkeley 
County, WV and Washington County, MD), the Parkersburg-Marietta 
nonattainment area (Wood County, WV, the Grant Tax District in 
Pleasants County, WV, and Washington County, OH), and the Wheeling 
nonattainment area (Marshall County, WV, Ohio County, WV, and Belmont 
County, OH) were designated nonattainment for the 1997 PM2.5 
NAAQS (see 40 CFR part 81).''

    Dated: August 19, 2009.
William C. Early,
Acting Regional Administrator, Region III.
[FR Doc. E9-20735 Filed 8-26-09; 8:45 am]
BILLING CODE 6560-50-P
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