Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Proposed Rules 78949 

(4) The Secretary concerned may use 

in-kind consideration received from an 

LRA at any location under control of the 

Secretary concerned. 

(i) The LRA and the Secretary 

concerned may agree on a schedule for 

sale of parcels and payment 

participation. 

(j) Additional provisions shall be 

incorporated in the conveyance 

documents to protect the Department’s 

interest in obtaining the agreed upon 

consideration, which may include such 

items as predetermined release prices, 

accounting standards or other 

appropriate clauses designed to ensure 

payment and protect against fraudulent 

transactions. Every agreement for an 

EDC shall contain provisions allowing 

the Secretary concerned to recoup from 

the LRA such portion of the proceeds 

from its sale or lease as the Secretary 

concerned determines appropriate if the 

LRA does not use the proceeds to 

support economic redevelopment of or 

related to the installation for the period 

specified in paragraph (d)(8) of this 

section. The Secretary concerned and an 

LRA may enter into a mutually agreed 

participation agreement which may 

include input by the Secretary 

concerned on the LRA’s disposal of EDC 

parcels. 

(k) The Secretary concerned may take 

account of property value but is not 

required to formally determine the 

estimated fair market value of the 

property for any EDC. The consideration 

negotiated should be based on a 

business plan and development proforma that assumes the uses in the 

redevelopment plan. The Secretary 

concerned may determine the nature 

and extent of any additional information 

needed for purposes of negotiation. To 

the extent not prohibited by law, 

information used should be shared with 

the LRA. 

(l) After evaluating the application 

based upon the criteria specified in 

paragraph (f) of this section, and 

negotiating terms and conditions, the 

Secretary concerned shall present the 

proposed EDC to the Deputy Under 

Secretary of Defense (Installations and 

Environment) for formal coordination 

before announcing approval of the 

application. 

§ 174.10 [Removed and Reserved] 

3. § 174.10 is removed and reserved: 

Dated: December 10, 2010. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2010–31649 Filed 12–16–10; 8:45 am] 

BILLING CODE 5001–06–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2009–0876; FRL–9240–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Permits for Construction and 

Major Modification of Major Stationary 

Sources of Air Pollution for the 

Prevention of Significant Deterioration 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a State Implementation Plan (SIP) 

revision submitted by the West Virginia 

Department of Environmental Protection 

on July 20, 2009. This revision will 

establish nitrogen oxides (NOX) as a 

precursor to ozone, add the Federally 

equivalent provisions to the rules for the 

Prevention of Significant Deterioration 

(PSD) as they pertain to ‘‘reasonable 

possibility’’ and delete certain references 

to pollution control projects (PCPs) and 

clean units (CUs) to make the West 

Virginia PSD program consistent with 

the Federal PSD regulations. This action 

is being taken under the Clean Air Act 

(CAA). 

DATES: Written comments must be 

received on or before January 18, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2009–0876 by one of the 

following methods: 

A. http://www.regulations.gov. Follow 

the online instructions for submitting 

comments. 

B. E-mail: mccauley.sharon@epa.gov. 

C. Mail: EPA–R03–OAR–2009–0876, 

Kathleen Cox, Associate Director, Office 

of Permits & Air Toxics, Mailcode 

3AP10, 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– 

0876. 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: 

Sharon McCauley, (215) 814–3376, or by 

e-mail at mccauley.sharon@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. On July 20, 2009, the State of West 

Virginia submitted a revision to its State 

Implementation Plan (SIP) to replace the 

current SIP-approved version of 

45CSR14, entitled, Permits for 

Construction and Major Modification of 

Major Stationary Sources of Air 

Pollution for the Prevention of 

Significant Deterioration. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
78950 Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Proposed Rules 

I. Background 

This SIP revision proposes to replace, 

in its entirety, the SIP version of 

45CSR14, as approved by EPA on 

December 4, 2006 (71 FR 64470), with 

West Virginia’s current version of this 

rule. West Virginia 45 CSR14 governs 

the permitting for the construction of 

new major stationary sources and the 

significant modification of existing 

major stationary sources of air 

pollutants in areas designated 

attainment or non-classifiable for the 

National Ambient Air Quality Standards 

(NAAQS). This regulatory revision was 

made effective as a legislative rule by 

the State of West Virginia on June 1, 

2009. 

II. Summary of SIP Revision 

West Virginia’s rule 45CSR14 

establishes a pre-construction permit 

program consistent with Title I of the 

CAA and the implementing regulations 

at 40 CFR 51.166 ‘‘Prevention of 

Significant Deterioration of Air Quality.’’ 

West Virginia rule 45CSR14 also 

ensures that the West Virginia SIP 

provides for the attainment and 

maintenance of the National Ambient 

Air Quality Standards (NAAQS) in 

accordance with Section 110(a)(2)(C) of 

the CAA which requires States to have 

a permitting program for regulation of 

the construction and modification of 

sources as required by Part C of Title I 

of the CAA to assure NAAQS are 

achieved. 

On November 29, 2005, NOX were 

established as precursors to the criteria 

pollutant ozone and became regulated 

under 40 CFR 51.166 and 40 CFR 52.21 

(70 FR 71612). The new version of 

45CSR14 establishes NOX as a precursor 

to ozone to satisfy these requirements. 

The new version of 45CSR14 also 

deletes references to pollution control 

projects (PCPs) and clean units (CUs) to 

make the West Virginia’s regulation 

consistent with the Federal PSD 

regulations. 

The provisions of the State’s rule at 

45CSR14.19.8 now include the 

recordkeeping and reporting 

requirements for sources that elect to 

use the actual-to-projected actual 

emission test and where there is a 

‘‘reasonable possibility’’ that a project 

may result in a significant net emissions 

increase. In our previous approval of 

45CSR14, dated December 4, 2006 (71 

FR 64470), at the request of West 

Virginia, we took no action on the 

provisions of 45CSR14.19.8 pertaining 

to the recordkeeping and reporting 

requirements for sources that elect to 

use the actual-to-projected actual 

emission test and where there is a 

‘‘reasonable possibility’’ that a project 

may result in a significant net emissions 

increase. We are now proposing to 

approve 45CSR14.19.8 as a revision to 

the West Virginia SIP because the 

necessary regulatory corrections have 

been made. 

We are proposing approval of West 

Virginia’s July 20, 2009 SIP revision 

because we believe that the 

amendments to West Virginia’s PSD 

permit program at 45CSR14 as described 

herein meet the minimum requirements 

of 40 CFR 51.166 and the CAA. Aside 

from the changes described herein, no 

other changes to the West Virginia SIP’s 

PSD program as approved by EPA on 

December 4, 2006 (71 FR 64470) would 

result from this revision to replace the 

version of 45CSR14 in the West Virginia 

SIP. 

III. Proposed Action 

We are proposing to approve the West 

Virginia SIP’s July 20, 2009 SIP revision 

to replace 45CSR14 in its entirety. We 

are soliciting public comments on the 

issues discussed in this document. 

These comments will be considered 

before taking final action. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA 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 CAA. 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 CAA; 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 rule to 

approve replacing the current SIPapproved version of West Virginia rule 

45CSR14 in its entirety with an updated 

version to satisfy the CAA’s 

requirements for the Prevention of 

Significant Deterioration 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: December 7, 2010. 

Shawn M. Garvin, 

Regional Administrator, Region III. 

[FR Doc. 2010–31796 Filed 12–16–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2010–0285; FRL–9239–9] 

Availability of Additional Information 

for the Proposed Rulemaking for 

Colorado’s Attainment Demonstration 

for the 1997 8-Hour Ozone Standard 

and Related Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 


srobinson on DSKHWCL6B1PROD with PROPOSALS