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

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PDF Version (2 pp, 80K, About PDF)

[Federal Register: July 6, 2009 (Volume 74, Number 127)]
[Proposed Rules]
[Page 31904-31905]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jy09-19]

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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.

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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. http://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 http://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 http://
www.regulations.gov or e-mail. The http://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 http://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
http://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 http://
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 (59 FR 22951, 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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