```

[Federal Register Volume 74, Number 147 (Monday, August 3, 2009)]
[Proposed Rules]
[Pages 38384-38385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18479]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R03-OAR-2009-0482; FRL-8938-7]

Approval and Promulgation of State Air Quality Plans for 
Designated Facilities and Pollutants; West Virginia; Control of 
Emissions From Existing Commercial and Industrial Incineration (CISWI) 
Units, Plan Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA proposes to approve a revision to the West Virginia (WV) 
commercial and industrial solid waste incinerator (CISWI) 111(d)/129 
plan (the ``plan''). The revision contains a modified WV Department of 
Environmental Protection, Division of Air Quality (DAQ) rule, 
WV45CSR18, that streamlines the state's regulatory structure for 
incinerator units into one rule which incorporates Clean Air Act (CAA), 
section 129 requirements. This approval action relates only to CISWI 
units. In the Final Rules section of this Federal Register, EPA is 
approving the State of West Virginia's CISWI plan revision submittal as 
a direct final rule without prior proposal because the Agency views 
this as a noncontroversial action and anticipate no adverse comments. A 
detailed rationale for the approval is set forth in the direct final 
rule. If no adverse comments are received in response to this action, 
no further activity is contemplated. If EPA receives adverse comments, 
the direct final rule will be withdrawn and all public comments 
received will be addressed in a subsequent final rule based on this 
proposed rule. EPA will not institute a second comment period.

[[Page 38385]]

Any parties interested in commenting on this action should do so at 
this time.

DATES: Comments must be received in writing by September 2, 2009.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2009-0482 by one of the following methods:
    A. http://www.regulations.gov. Follow the online instructions for 
submitting comments.
    B. E-mail: E-mail: http://[email protected].
    C. Mail: EPA-R03-OAR-2009-0482, Walter Wilkie, Chief, Air Quality 
Analysis Branch, Mailcode 3AP22, 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-
2009-0482 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 Division of Air 
Quality, 601 57th Street, SE., Charleston, West Virginia 25304.

FOR FURTHER INFORMATION CONTACT: James B. Topsale, P.E., at (215) 814-
2190, or by e-mail at [email protected]. Please note that while 
questions may be posed via phone and e-mail, formal comments must be 
submitted in writing, as indicated in the ADDRESSES section of this 
document.

SUPPLEMENTARY INFORMATION: For further information, please see the 
information provided in the direct final action, with the same title, 
that is located in the ``Rules and Regulations'' section of this 
Federal Register publication.

    Dated: July 21, 2009.
William C. Early,
Acting Regional Administrator, EPA Region III.
[FR Doc. E9-18479 Filed 7-31-09; 8:45 am]
BILLING CODE 6560-50-P
```