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                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
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###### Environmental Protection Agency

          - 40 CFR Part 62
          - [EPA-R03-OAR-2009-0463; FRL-8938-9]

# AGENCY:

Environmental Protection Agency (EPA).

# ACTION:

Proposed rule.

# SUMMARY:

                        EPA proposes to approve a revision to the West Virginia (WV) hospital/medical/infectious waste incinerator (HMIWI) 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 and consolidates 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 HMIWI units. In the Final Rules section of this                         **Federal Register**                        , EPA is approving the State of West Virginia's HMIWI plan revision submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial action and anticipates 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 If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule.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. 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-2009-0463 by one of the following methods:

                        A.                         *http://www.regulations.gov*. Follow the on-line instructions for submitting comments.                    

                        B.                         *E-mail: http://wilkie.walter@epa.gov.*

                        C.                         *Mail:*                         EPA-R03-OAR-2009-0463, 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-2009-0463. 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                               ( print page 38386)                            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                         *topsale.jim@epa.gov*. 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. E9-18481 Filed 7-31-09; 8:45 am]

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