78946 Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Proposed Rules 

entity’s name in the ‘‘Organization’’ 

blank of the comment form. If you 

comment via postal mail, please submit 

your entity’s comment on letterhead. 

You may also write to the 

Administrator before the comment 

closing date to ask for a public hearing. 

The Administrator reserves the right to 

determine whether to hold a public 

hearing. 

Confidentiality 

All submitted comments and 

attachments are part of the public record 

and subject to disclosure. Do not 

enclose any material in your comments 

that you consider to be confidential or 

that is inappropriate for public 

disclosure. 

Public Disclosure 

On the Federal e-rulemaking portal, 

Regulations.gov, TTB will post, and the 

public may view, copies of all published 

notices and all comments received in 

response to those notices within Docket 

No. TTB–2010–0003. A direct link to 

that docket is available on the TTB Web 

site at http://www.ttb.gov/wine/winerulemaking.shtml under Notice No. 105. 

You may also reach Docket No. TTB– 

2010–0003 through the Regulations.gov 

search page at http:// 

www.regulations.gov. 

All posted comments will display the 

commenter’s name, organization (if 

any), city, and State, and, in the case of 

mailed comments, all address 

information, including e-mail addresses. 

TTB may omit voluminous attachments 

or material that the Bureau considers 

unsuitable for posting. 

You and other members of the public 

may view copies of all published 

notices, all related petitions, maps and 

other supporting materials, and all 

electronic or mailed comments TTB has 

received or will receive in response to 

this proposal by appointment at the TTB 

Information Resource Center, 1310 G 

Street, NW., Washington, DC 20220. 

You may also obtain copies at 20 cents 

per 8.5- x 11-inch page. Contact the TTB 

information specialist at the above 

address or by telephone at 202–453– 

2270 to schedule an appointment or to 

request copies of comments or other 

materials. 

Drafting Information 

Nancy Sutton and other members of 

the Regulations and Rulings Division 

drafted this notice. 

Signed: December 10, 2010. 

John J. Manfreda, 

Administrator. 

[FR Doc. 2010–31655 Filed 12–16–10; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID DoD–2010–OS–0135] 

RIN 0790–AI67 

32 CFR Part 174 

Revitalizing Base Closure 

Communities and Addressing Impacts 

of Realignment 

AGENCY: Office of the Under Secretary of 

Defense for Acquisition, Technology, 

and Logistics, DoD. 

ACTION: Proposed rule. 

SUMMARY: Economic Development 

Conveyances were created in 

amendments to the Base Closure and 

Realignment law in 1993, creating a new 

tool for communities experiencing 

economic dislocation from the closing 

of a major employer in the community. 

Congress recognized that the existing 

authority under the Federal Property 

and Administrative Services Act of 1949 

(as amended and otherwise known as 

the Real Property Act) was not 

structured to deal with the unique 

challenges of assisting community 

economic recovery and job creation of 

such large installations, many with 

decaying or obsolete infrastructure and 

other redevelopment challenges. Section 

2715 of Public Law 111–84 changed the 

authority of the Department of Defense 

to convey property to a local 

redevelopment authority (LRA) for 

purposes of job generation on a military 

installation closed or realigned under a 

base closure law, known as an 

Economic Development Conveyance 

(EDC). Under this revised authority, the 

Department is no longer required to seek 

to obtain fair market value for an EDC: 

An EDC may be for consideration at or 

below the estimated fair market value, 

including for no consideration. The law 

also now explicitly provides authority 

for the Department to be flexible 

regarding the form of consideration, 

including the authority to accept 

consideration in the form of revenue 

sharing or so-called ‘‘back-end’’ funding. 

(i.e., ’’The Secretary may accept, as 

consideration, a share of the revenues 

that the redevelopment authority 

receives from third-party buyers or 

lessees from sales and long-term leases 

of the conveyed property, consideration 

in kind (including goods and services), 

real property and improvements, or 

such other consideration as the 

Secretary considers appropriate.’’) 

The revised language also provides 

that the Department’s determination of 

the consideration may account for the 

economic conditions of the local 

affected community and the estimated 

costs to redevelop the property. 

This proposed regulation provides 

guidance to implement recent changes 

to the law and makes other 

improvements that encourage expedited 

property transfers for job creation that 

allow for the Department to obtain a 

share of the revenues obtained. 

DATES: Written comments received at 

the address indicated below by February 

15, 2011 will be accepted. 

ADDRESSES: You may submit comments, 

identified by docket number and/or 

Regulatory Information Number (RIN) 

number and title, by any of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

Room 3C843, Washington, DC 20301– 

1160. 

Instructions: All submissions received 

must include the agency name and 

docket number or RIN for this Federal 

Register document. The general policy 

for comments and other submissions 

from members of the public is to make 

these submissions available for public 

viewing on the Internet at http:// 

www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: 

Robert Hertzfeld, (703) 604–6020. 

SUPPLEMENTARY INFORMATION: The 

proposed rule implements these 

statutory changes and is also intended 

to enable the Military Departments to 

expedite the EDC process. Closed 

military bases represent a potential 

engine of economic activity and job 

creation for former host communities. 

When disposing of property using this 

method, the Military Departments 

should use the full breadth of the EDC 

authority to structure conveyances that 

respond to the job creation and 

redevelopment challenges of the 

individual community. 

The new law no longer requires the 

Department to seek Fair Market Value. 

Accordingly, a transfer may be made 

below estimated fair market value or 

without consideration if the LRA agrees 

to reinvest sale or lease proceeds for not 

less than seven years and to take title to 

the property within a reasonable 

timeframe. As such, this regulation 

deletes the requirement for the 

Department to obtain an appraisal of the 

property as part of an EDC conveyance, 

including analysis of highest and best 

use, for that purpose. This regulation 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Proposed Rules 78947 

places the emphasis of EDCs on the 

economic redevelopment of the former 

installation. With this regulation, the 

Department approaches value by 

obtaining a share of the revenues 

obtained from the redevelopment of the 

property. Experience has shown that 

estimates of fair market value for 

property at closing installations, 

especially those requiring substantial 

future investment in redevelopment, 

can vary widely due to the uncertainties 

inherent in significant long-term 

redevelopment projects and differences 

in projected costs and revenues over a 

potential 20–30 year development cycle 

that may occur on many large closing 

installations. Elimination of the 

requirement to determine estimated fair 

market value and related appraisal 

requirements should expedite the 

conveyance process and remove what 

has been a common source of conflict 

and delays between the community and 

the Department. Accordingly, the 

proposed rule establishes as DoD policy 

a requirement that, for every EDC, the 

LRA must reinvest sale or lease 

proceeds for not less than seven years 

and take title to the property within a 

reasonable timeframe. This makes the 

determination of fair market value of the 

property unnecessary for purposes of 

establishing EDC terms and conditions 

that comply with statutory 

requirements. Consequently, it also 

eliminates the need to establish a 

process by which the fair market value 

of property to be conveyed by EDC must 

be determined. However, the proposed 

rule does not interfere with the ability 

of the Secretary concerned to obtain and 

use any information deemed 

appropriate, including market analysis, 

construction estimates, a real estate 

proforma, and appraisals, to ensure that 

decisions regarding property disposal 

are properly informed. If the proposed 

conveyance does not meet the 

requirements for an EDC, or if the LRA 

does not agree to reinvest sale or lease 

proceeds for not less than seven years 

and to take title to the property within 

a reasonable timeframe, the Secretary 

concerned may pursue a negotiated sale 

to a public body at fair market value, 

including a negotiated sale for economic 

development purposes, under 

regulations at 41 CFR Part 102–75.880, 

et seq., or competitive public sale. 

This regulation seeks to streamline 

the process by separating the eligibility 

criteria for an EDC from the criteria 

guiding the negotiation of the terms and 

conditions. It also makes the application 

more concise and incorporates 

adjustments to reflect current market 

conditions and to recognize local 

community investment and risk. 

Finally, this proposed regulation 

implements the revised EDC authority 

in a manner intended to clarify and 

streamline the Economic Development 

Conveyance process and assist affected 

communities in job generation. 

Regulatory Procedures 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ 

It has been certified that 32 CFR part 

174 does not: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy; a section of the economy; 

productivity; competition; jobs; the 

environment; public health or safety; or 

State, local, or tribunal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another Agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs, or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in this Executive Order 12866, 

as amended by Executive Order 13422. 

Section 202, Pub. L. 104–4, ‘‘Unfunded 

Mandates Reform Act’’ 

It has been certified that 32 CFR part 

174 does not contain a Federal mandate 

that may result in the expenditure by 

State, local and tribunal governments, in 

aggregate, or by the private sector, of 

$100 million or more in any one year. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601) 

It has been certified that 32 CFR part 

174 is not subject to the Regulatory 

Flexibility Act (5 U.S.C. 601) because it 

would not, if promulgated, have a 

significant economic impact on a 

substantial number of small entities. 

Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

It has been certified that 32 CFR part 

174 does not impose reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act of 1995. 

Executive Order 13132, ‘‘Federalism’’ 

It has been certified that 32 CFR part 

174 does not have federalism 

implications, as set forth in Executive 

Order 13132. This rule does not have 

substantial direct effects on: 

(1) The States; 

(2) The relationship between the 

National Government and the States; or 

(3) The distribution of power and 

responsibilities among the various 

levels of Government. 

List of Subjects in 32 CFR Part 174 

Community development; 

Government employees; Military 

personnel; Surplus Government 

property. 

Accordingly, 32 CFR Part 174 is 

proposed to be amended as follows: 

PART 174—[AMENDED] 

1. The authority citation for Part 174 

continues to read as follows: 

Authority: 10 U.S.C. 113 and 10 U.S.C. 

2687 note. 

2. Section 174.9 is revised to read as 

follows: 

§ 174.9 Economic development 

conveyances. 

(a) The Secretary concerned may 

transfer real property and personal 

property to the LRA for purposes of job 

generation on the former installation. 

Such a transfer is an Economic 

Development Conveyance (EDC). 

(b) An LRA is the only entity eligible 

to receive property under an EDC. 

(c) A completed application will be 

used to decide whether the Secretary 

concerned will enter into an EDC with 

an LRA. An LRA may submit an EDC 

application only after it adopts a 

redevelopment plan. The Secretary 

concerned shall establish a reasonable 

time period for submission of an EDC 

application after consultation with the 

LRA. 

(d) The application shall include: 

(1) A copy of the adopted 

redevelopment plan. 

(2) A project narrative including the 

following: 

(i) A general description of the 

property requested. 

(ii) A description of the intended 

uses. 

(iii) A description of the economic 

impact of closure or realignment on the 

local community. 

(iv) A description of the economic 

condition of the community and the 

prospects for redevelopment of the 

property. 

(v) A statement of how the EDC is 

consistent with the overall 

redevelopment plan. 

(3) A description of how the EDC will 

contribute to short- and long-term job 

generation on the installation, including 

the projected number and type of new 

jobs it will assist in generating. 

(4) A business/operational plan for 

the EDC parcel, including at least the 

following elements: 

(i) A development timetable, phasing 

schedule, and cash flow analysis. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
78948 Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Proposed Rules 

(ii) A market and financial feasibility 

analysis describing the economic 

viability of the project, including an 

estimate of net proceeds over a fifteen 

year period and proposed consideration 

or payment to the Department of 

Defense, 

(iii) A cost estimate and justification 

for infrastructure and other investments 

needed for redevelopment of the EDC 

parcel. 

(iv) Local investment and proposed 

financing plan for the development. 

(5) A statement describing why an 

EDC will more effectively enable 

achievement of the job generation 

objectives of the redevelopment plan 

regarding the parcel requested for 

conveyance than other federal real 

property disposal authorities. 

(6) Evidence of the LRA’s legal 

authority to acquire and dispose of the 

property. 

(7) Evidence that the LRA has 

authority to perform the actions 

required of it, pursuant to the terms of 

the EDC, and that the officers executing 

the EDC documents on behalf of the 

LRA have authority to do so. 

(8) A commitment from the LRA that 

the proceeds from any sale or lease of 

the EDC parcel (or any portion thereof) 

received by the LRA during at least the 

first seven years after the date of the 

initial transfer of property, except 

proceeds that are used to pay 

consideration to the Secretary 

concerned under paragraph (h) of this 

section, shall be used to support 

economic redevelopment of, or related 

to, the installation. In the case of phased 

transfers, the Secretary concerned may 

also require that this commitment apply 

during at least the first seven years after 

the date of every subsequent transfer of 

property to the LRA. The use of 

proceeds to pay for, or offset the costs 

of, public investment on or related to 

the installation for any of the following 

purposes shall be considered a use to 

support the economic redevelopment of, 

or related to, the installation— 

(i) Road construction; 

(ii) Transportation management 

facilities; 

(iii) Storm and sanitary sewer 

construction; 

(iv) Police and fire protection 

facilities and other public facilities; 

(v) Utility construction; 

(vi) Building rehabilitation; 

(vii) Historic property preservation; 

(viii) Pollution prevention equipment 

or facilities; 

(ix) Demolition; 

(x) Disposal of hazardous materials 

generated by demolition; 

(xi) Landscaping, grading, and other 

site or public improvements; and 

(xii) Planning for or the marketing of 

the development and reuse of the 

installation. 

(9) A commitment from the LRA to 

execute the agreement for transfer of the 

property and accept control of the 

property within a reasonable time, as 

determined by the Secretary concerned 

after consultation with the LRA, after 

the date of the property disposal record 

of decision. The determination of 

reasonable time should take account of 

the ability of the Secretary concerned to 

make the deed covenant, or covenant 

deferral, required under 42 U.S.C. 

9620(h)(3). 

(e) The Secretary concerned will 

review the application and, to the extent 

practicable, provide a preliminary 

determination within 30 days whether 

the Military Department can accept the 

application for negotiation of terms and 

conditions, pursuant to the following 

determinations: 

(1) The LRA submitting the 

application has been duly recognized by 

the DoD Office of Economic 

Adjustment; 

(2) The application is complete. With 

respect to the elements of the 

application specified in paragraphs 

(d)(6) and (d)(7) of this section, the 

Secretary concerned may accept the 

application for negotiation of terms and 

conditions without these elements, 

provided the Secretary concerned is 

satisfied that the LRA has a reasonable 

plan in place to provide these elements 

prior to transfer of the property; and 

(3) The proposed EDC will more 

effectively enable achievement of the 

job generation objectives of the 

redevelopment plan regarding the parcel 

requested than other federal real 

property disposal authorities. 

(f) Upon acceptance of an EDC 

application, the Secretary concerned 

will determine if the proposed terms 

and conditions are fair and reasonable. 

The Secretary concerned may propose 

and negotiate any alternative terms or 

conditions that the Secretary considers 

necessary. The following factors will be 

considered, as appropriate, in 

evaluating the terms and conditions of 

the proposed transfer, including price, 

time of payment, and other relevant 

methods of compensation to the Federal 

Government. 

(1) Local economic conditions and 

adverse impact of closure or 

realignment on the region and potential 

for economic recovery through an EDC. 

(2) Extent of short- and long-term job 

generation. 

(3) Consistency with the entire 

redevelopment plan. 

(4) Financial feasibility of the 

development, including market analysis 

and need and extent of proposed 

infrastructure and other investments. 

(5) Extent of state and local 

investment, level of risk incurred, and 

the LRA’s ability to implement the plan. 

Higher risk and investment made by the 

LRA should be recognized with more 

favorable terms and conditions, to 

encourage local investment to support 

job generation. 

(6) Current local and regional real 

estate market conditions, including 

market demand for the property. 

(7) Incorporation of other Federal 

agency interests and concerns, 

including the applicability of, and 

conflicts with, other Federal surplus 

property disposal authorities. 

(8) Economic benefit to the Federal 

Government, including protection and 

maintenance cost savings, 

environmental clean-up savings and 

anticipated consideration from the 

transfer. 

(9) Compliance with applicable 

Federal, state, interstate, and local laws 

and regulations. 

(g) The Secretary concerned will 

negotiate the terms and conditions of 

each transaction with the LRA. The 

Secretary concerned will have the 

discretion and flexibility to enter into 

agreements that specify the form of 

payment and the schedule. 

(h)(1) The Secretary concerned may 

accept, as consideration, any 

combination of the following: 

(i) Cash, including a share of the 

revenues that the redevelopment 

authority receives from third-party 

buyers or lessees from sales and longterm leases of the conveyed property 

(i.e., a share of the revenues generated 

from the redevelopment project); 

(ii) Goods and services; 

(iii) Real property and improvements; 

or 

(iv) Such other consideration as the 

Secretary considers appropriate. 

(2) The consideration may be paid 

over time. 

(3) All cash consideration for property 

at a military installation where the date 

of approval of closure or realignment is 

before January 1, 2005, shall be 

deposited in the account established 

under Section 2906(a) of the Defense 

Base Closure and Realignment Act of 

1990 (part A of title XXIX of Pub. L. 

101–510; 10 U.S.C. 2687 note). All cash 

consideration for property at a military 

installation where the date of approval 

of closure or realignment is after January 

1, 2005, shall be deposited in the 

account established under Section 

2906A(a) of the Defense Base Closure 

and Realignment Act of 1990 (part A of 

title XXIX of Pub. L. 101–510; 10 U.S.C. 

2687 note). 


srobinson on DSKHWCL6B1PROD with PROPOSALS
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