38536 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Rules and Regulations 

Priority Mail Contract 8 (MC2009–25 and 

CP2009–32) 

Priority Mail Contract 9 (MC2009–25 and 

CP2009–33) 

Priority Mail Contract 10 (MC2009–25 and 

CP2009–34) 

Priority Mail Contract 11 (MC2009–27 and 

CP2009–37) 

Priority Mail Contract 12 (MC2009–28 and 

CP2009–38) 

Priority Mail Contract 13 (MC2009–29 and 

CP2009–39) 

Priority Mail Contract 14 (MC2009–30 and 

CP2009–40) 

Outbound International 

Global Direct Contracts (MC2009–9, 

CP2009–10, and CP2009–11) 

Global Expedited Package Services (GEPS) 

Contracts 

GEPS 1 (CP2008–5, CP2008–11, CP2008– 

12, and CP2008–13, CP2008–18, 

CP2008–19, CP2008–20, CP2008–21, 

CP2008–22, CP2008–23, and CP2008–24) 

Global Plus Contracts 

Global Plus 1 (CP2008–9 and CP2008–10) 

Global Plus 2 (MC2008–7, CP2008–16 and 

CP2008–17) 

Inbound International 

Inbound Direct Entry Contracts with 

Foreign Postal Administrations 

(MC2008–6, CP2008–14 and CP2008–15) 

International Business Reply Service 

Competitive Contract 1 (MC2009–14 and 

CP2009–20) 

Competitive Product Descriptions 

Express Mail 

[Reserved for Group Description] 

Express Mail 

[Reserved for Product Description] 

Outbound International Expedited Services 

[Reserved for Product Description] 

Inbound International Expedited Services 

[Reserved for Product Description] 

Priority 

[Reserved for Product Description] 

Priority Mail 

[Reserved for Product Description] 

Outbound Priority Mail International 

[Reserved for Product Description] 

Inbound Air Parcel Post 

[Reserved for Product Description] 

Parcel Select 

[Reserved for Group Description] 

Parcel Return Service 

[Reserved for Group Description] 

International 

[Reserved for Group Description] 

International Priority Airlift (IPA) 

[Reserved for Product Description] 

International Surface Airlift (ISAL) 

[Reserved for Product Description] 

International Direct Sacks—M-Bags 

[Reserved for Product Description] 

Global Customized Shipping Services 

[Reserved for Product Description] 

International Money Transfer Service 

[Reserved for Product Description] 

Inbound Surface Parcel Post (at non-UPU 

rates) 

[Reserved for Product Description] 

International Ancillary Services 

[Reserved for Product Description] 

International Certificate of Mailing 

[Reserved for Product Description] 

International Registered Mail 

[Reserved for Product Description] 

International Return Receipt 

[Reserved for Product Description] 

International Restricted Delivery 

[Reserved for Product Description] 

International Insurance 

[Reserved for Product Description] 

Negotiated Service Agreements 

[Reserved for Group Description] 

Domestic 

[Reserved for Product Description] 

Outbound International 

[Reserved for Group Description] 

Part C—Glossary of Terms and Conditions 

[Reserved] 

Part D—Country Price Lists for International 

Mail [Reserved] 

[FR Doc. E9–18593 Filed 8–3–09; 8:45 am] 

BILLING CODE 7710–FW–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2009–0033; FRL–8939–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Clean Air Interstate Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of West Virginia. 

This revision establishes budget trading 

programs for nitrogen oxides (NOX) 

annual, NOx ozone season, and sulfur 

dioxides (SO2) annual emissions to 

address the requirements of EPA’s Clean 

Air Interstate Rule (CAIR), and 

recodifies and revises provisions 

pertaining to internal combustion 

engines and cement kilns that are 

subject to the NOX SIP Call. West 

Virginia will meet its CAIR 

requirements by participating in the 

EPA-administered regional cap-andtrade program for NOX annual, NOX

ozone season, and SO2 annual 

emissions. EPA is determining that the 

SIP revision fully implements the CAIR 

requirements for West Virginia. 

Although the D.C. Circuit found CAIR to 

be flawed, the rule was remanded 

without vacatur and thus remains in 

place. Thus, EPA is continuing to take 

action on CAIR SIPs as appropriate. 

CAIR, as promulgated, requires States to 

reduce emissions of SO2 and NOX that 

significantly contribute to, or interfere 

with maintenance of, the national 

ambient air quality standards (NAAQS) 

for fine particulates and/or ozone in any 

downwind State. CAIR establishes 

budgets for SO2 and NOX for States that 

contribute significantly to 

nonattainment in downwind States and 

requires the significantly contributing 

States to submit SIP revisions that 

implement these budgets. States have 

the flexibility to choose which control 

measures to adopt to achieve the 

budgets, including participation in EPAadministered cap-and-trade programs 

addressing SO2, NOX annual, and NOX

ozone season emissions. In the SIP 

revision that EPA is approving, West 

Virginia will meet CAIR requirements 

by participating in these cap-and-trade 

programs. EPA is approving the SIP 

revision, as interpreted and clarified 

herein, as fully implementing the CAIR 

requirements for West Virginia. 

Consequently, this action will also 

cause the CAIR Federal Implementation 

Plans (CAIR FIPs) concerning SO2, NOX

annual, and NOX ozone season 

emissions by West Virginia sources to 

be automatically withdrawn. 

DATES: Effective Date: The final rule is 

effective on August 4, 2009. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2009–0033. All 

documents in the docket are listed in 

the http://www.regulations.gov Web 

site. Although listed in the electronic 

docket, some information is not publicly 

available, i.e., confidential business 

information (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 through 

http://www.regulations.gov or in hard 

copy for public inspection 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, WV 25304. 

FOR FURTHER INFORMATION CONTACT: 

Marilyn Powers, (215) 814–2308, or by 

e-mail at powers.marilyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What Action Did EPA Propose? 

II. Summary of West Virginia SIP Revision 

III. Final Action 

IV. What Is the Effective Date? 

V. Statutory and Executive Order Reviews 

I. What Action Did EPA Propose? 

On June 11, 2009 (74 FR 27731), EPA 

published a notice of proposed 

rulemaking (NPR) for the State of West 

Virginia. The NPR proposed approval of 

a revision to the West Virginia SIP that 


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Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Rules and Regulations 38537 

addresses EPA’s CAIR requirements and 

recodifies and revises provisions 

pertaining to internal combustion 

engines and cement kilns that are 

subject to the NOX SIP Call. The formal 

SIP revision was submitted by West 

Virginia on April 22, 2008. 

II. Summary of West Virginia SIP 

Revision 

On April 22, 2008, the West Virginia 

Department of Environmental Protection 

(WVDEP) submitted a full CAIR SIP 

revision to meet the requirements of 

CAIR, which was promulgated on May 

12, 2005 (70 FR 25162), and 

subsequently revised on April 28, 2006, 

and December 13, 2006. The SIP 

revision is comprised of new regulations 

as follows: 45CSR39—NOX Annual 

Trading Program; 45CSR40—NOx 

Ozone Season Trading Program; and 

40CSR41—SO2 Annual Trading 

Program. The regulations address all the 

requirements of the part 96 model rules 

set forth in the May 12, 2005 CAIR 

rulemaking. 

On June 11, 2009 (74 FR 27731), EPA 

published a notice of proposed 

rulemaking (NPR) to approve West 

Virginia’s CAIR SIP revision. A detailed 

discussion of the CAIR requirements, 

the CAIR history (including the CAIR 

remand), West Virginia’s CAIR 

submittal, and EPA’s rationale for 

approval of West Virginia’s CAIR SIP 

revision may be found in the NPR and 

will not be repeated here. The NPR also 

includes a discussion of the 

recodification and revisions pertaining 

to internal combustion engines and 

cement kilns that are subject to the NOX

SIP Call. 

On June 11, 2009, EPA received a 

comment from the West Virginia 

Department of Environmental Protection 

noting that the amount of Compliance 

Supplement Pool allowances in the NPR 

was incorrect. This comment was 

addressed by a correction notice 

published on July 6, 2009 (74 FR 

31904). 

III. Final Action 

EPA is approving West Virginia’s 

CAIR SIP revision submitted on April 

22, 2008. Under the SIP revision, West 

Virginia will participate in the EPAadministered cap-and-trade programs 

for NOX annual, NOX ozone season, and 

SO2 annual emissions. The SIP revision 

meets the applicable requirements in 40 

CFR 51.123(o) and (aa), with regard to 

NOX annual and NOX ozone season 

emissions, and 40 CFR 51.124(o), with 

regard to SO2 emissions. As a 

consequence of the SIP approval, the 

CAIR FIPs for West Virginia are 

automatically withdrawn, in accordance 

with the automatic withdrawal 

provisions of EPA’s November 2, 2007 

rulemaking (72 FR 62338). The 

automatic withdrawal is reflected in the 

rule text that accompanies this notice 

and deletes and reserves the provisions 

in Part 52 that establish the CAIR FIPs 

for West Virginia sources. EPA is also 

approving the recodification and 

revisions to West Virginia provisions 

pertaining to internal combustion 

engines and cement kilns. 

IV. What Is the Effective Date? 

EPA finds that there is good cause for 

this approval to become effective upon 

publication because a delayed effective 

date is unnecessary due to the nature of 

the approval, which allows the State, as 

indicated in the NPR for this 

rulemaking, to include its non-electric 

generating units, implement its 

allowance allocations and remove the 

opt in provisions of the FIP. The 

expedited effective date for this action 

is authorized under both 5 U.S.C. 

553(d)(1), which provides that rule 

actions may become effective less than 

30 days after publication if the rule 

‘‘grants or recognizes an exemption or 

relieves a restriction’’ and section 5 

U.S.C. 553(d)(3), which allows an 

effective date less than 30 days after 

publication ‘‘as otherwise provided by 

the agency for good cause found and 

published with the rule.’’ 

CAIR SIP approvals relieve states and 

CAIR sources within states from being 

subject to provisions in the CAIR FIPs 

that otherwise would apply to them, 

allowing states to implement CAIR 

based on their SIP-approved State rule. 

The relief from these obligations is 

sufficient reason to allow an expedited 

effective date of this rule under 5 U.S.C. 

553(d)(1). In addition, West Virginia’s 

relief from these obligations provides 

good cause to make this rule effective 

immediately upon publication, pursuant 

to 5 U.S.C. 553(d)(3). The purpose of the 

30-day waiting period prescribed in 5 

U.S.C. 553(d) is to give affected parties 

a reasonable time to adjust their 

behavior and prepare before the final 

rule takes effect. Where, as here, the 

final rule relieves obligations rather 

than imposes obligations, affected 

parties, such as the State of West 

Virginia and CAIR sources within the 

State, do not need time to adjust and 

prepare before the rule takes effect. 

V. Statutory and Executive Order 

Reviews 

A. General Requirements 

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 

approves State law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by State law. For that reason, 

this 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 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 rule 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. 


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38538 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Rules and Regulations 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by October 5, 2009. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. 

This action to approve West Virginia’s 

CAIR rules may not be challenged later 

in proceedings to enforce its 

requirements. (See section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides. 

Dated: July 22, 2009. 

Judith M. Katz, 

Acting Regional Administrator, Region III. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart XX—West Virginia 

■ 2. In § 52.2520, the table in paragraph 

(c) is amended by: 

■ a. Adding entries for Sections 45–39– 

1 through 45–39–8, 45–39–10 through 

45–39–15, 45–39–20 through 45–39–24, 

45–39–43, 45–39–51 through 45–39–57, 

45–39–60 through 45–39–62, and 45– 

39–70 through 45–39–75, 45–39–90. 

■ b. Revising the entries for 45–39–40, 

45–39–41, and 45–39–42. 

■ c. Adding entries for 45–40–1 through 

45–40–8, 45–40–10 through 45–40–15, 

45–40–20 through 45–40–24, 45–40–43, 

45–40–51 through 45–40–57, 45–40–60 

through 45–40–62, 45–40–70 through 

45–40–75, and 45–40–90 through 45– 

40–110. 

■ d. Revising the entries for 45–40–40, 

45–40–41, and 45–40–42. 

■ e. Adding entries at the end of the 

table for 45–41–1 through 45–41–8, 45– 

41–10 through 45–41–15, 45–41–20 

through 45–41–24, 45–41–51 through 

45–41–57, 45–41–60 through 45–41–62, 

45–41–70 through 45–41–75, and 45– 

41–90. 

The amendment reads as follows: 

§ 52.2520 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP 

State citation 

[Chapter 16–20 or 

45 CSR] 

Title/subject 

State 

effective 

date 

EPA approval date 

Additional explanation/ 

citation at 40 CFR 

52.2565 

* * * * * * * 

[45 CSR] Series 39 Control of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport of Fine Particle Matter and Nitrogen 

Oxides 

Section 45–39–1 ......... General ................................................................... 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–39–2 ......... Definitions ............................................................... 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–39–3 ......... Measurements, Abbreviations and Acronyms ....... 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–39–4 ......... Applicability ............................................................ 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–39–5 ......... Retired Unit Exemptions ........................................ 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–39–6 ......... Standard Requirements ......................................... 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–39–7 ......... Computation of Time .............................................. 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–39–8 ......... Appeal Procedures ................................................. 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–39–10 ....... Authorization and Responsibilities of the CAIR 

Designated Representative.

5/1/08 8/4/09 [Insert page number where the document begins].


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EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP—Continued 

State citation 

[Chapter 16–20 or 

45 CSR] 

Title/subject 

State 

effective 

date 

EPA approval date 

Additional explanation/ 

citation at 40 CFR 

52.2565 

Section 45–39–11 ....... Alternate CAIR Designated Representative .......... 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–39–12 ....... Changing the CAIR Designated Representative 

and Alternate CAIR Designated Representative; 

Changes in Owners and Operators.

5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–39–13 ....... Certificate of Representation ................................. 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–39–14 ....... Objections Concerning the CAIR Designated Representative.5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–39–15 ....... Delegation by CAIR Designated Representative 

and alternate CAIR Designated Representative.

5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–39–20 ....... General CAIR NOX Annual Trading Program Permit Requirements.5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–39–21 ....... Submission of CAIR Permit Applications ............... 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–39–22 ....... Information Requirements for CAIR Permit Applications.5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–39–23 ....... CAIR Permit Contents and Term ........................... 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–39–24 ....... CAIR Permit Revisions .......................................... 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–39–40 ....... CAIR NOX Annual Trading Budget ........................ 5/1/08 8/4/09 [Insert page number where the document begins].

Adding annual trading 

budget for 2015 and 

thereafter. 

Section 45–39–41 ....... Timing Requirements for CAIR NOX Annual Allowance Allocations.5/1/08 8/4/09 [Insert page number where the document begins].Adding requirements 

that apply to 2015 and 

thereafter. 

Section 45–39–42 ....... CAIR NOX Annual Allowance Allocations .............. 5/1/08 8/4/09 [Insert page number where the document begins].

Adding requirements 

that apply to 2015 and 

thereafter. 

Section 45–39–43 ....... Compliance Supplement Pool ................................ 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–39–51 ....... Establishment of Accounts ..................................... 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–39–52 ....... Responsibilities of CAIR Authorized Account Representative.5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–39–53 ....... Recordation of CAIR NOX Annual Allowance Allocations.

5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–39–54 ....... Compliance with CAIR NOX Emissions Limitation 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–39–55 ....... Banking .................................................................. 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–39–56 ....... Account Error ......................................................... 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–39–57 ....... Closing of General Accounts ................................. 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–39–60 ....... Submission of CAIR NOX Annual Allowance 

Transfers.

5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–39–61 ....... U.S. EPA Recordation ........................................... 5/1/08 8/4/09 [Insert page number where the document begins].


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EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP—Continued 

State citation 

[Chapter 16–20 or 

45 CSR] 

Title/subject 

State 

effective 

date 

EPA approval date 

Additional explanation/ 

citation at 40 CFR 

52.2565 

Section 45–39–62 ....... Notification .............................................................. 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–39–70 ....... General Monitoring and Reporting Requirements 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–39–71 ....... Initial Certification and Recertification Procedures 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–39–72 ....... Out of Control Periods ........................................... 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–39–73 ....... Notifications ............................................................ 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–39–74 ....... Recordkeeping and Reporting ............................... 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–39–75 ....... Petitions .................................................................. 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–39–90 ....... Inconsistency Between Rules ................................ 5/1/08 8/4/09 [Insert page number where the document begins].

[45 CSR] Series 40 Control of Ozone Season Nitrogen Oxide Emissions To Mitigate Interstate Transport of Ozone and Nitrogen 

Oxides 

Section 45–40–1 ......... General ................................................................... 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–40–2 ......... Definitions ............................................................... 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–40–3 ......... Measurements, Abbreviations and Acronyms ....... 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–40–4 ......... Applicability ............................................................ 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–40–5 ......... Retired Unit Exemption .......................................... 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–40–6 ......... Standard Requirements ......................................... 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–40–7 ......... Computation of Time .............................................. 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–40–8 ......... Appeal Procedures ................................................. 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–40–10 ....... Authorization and Responsibilities of the CAIR 

Designated Representative.

5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–40–11 ....... Alternate CAIR Designated Representative .......... 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–40–12 ....... Changing the CAIR Designated Representative 

and Alternate CAIR Designated Representative; 

Changes in Owners and Operators.

5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–40–13 ....... Certificate of Representation ................................. 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–40–14 ....... Objections Concerning the CAIR Designated Representative.5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–40–15 ....... Delegation by CAIR Designated Representative 

and alternate CAIR Designated Representative.

5/1/08 8/4/09 [Insert page number where the document begins].


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EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP—Continued 

State citation 

[Chapter 16–20 or 

45 CSR] 

Title/subject 

State 

effective 

date 

EPA approval date 

Additional explanation/ 

citation at 40 CFR 

52.2565 

Section 45–40–20 ....... General CAIR NOX Ozone Season Trading Program Permit Requirements.5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–40–21 ....... Submission of CAIR Permit Applications ............... 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–40–22 ....... Information Requirements for CAIR Permit Applications.5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–40–23 ....... CAIR Permit Contents and Term ........................... 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–40–24 ....... CAIR Permit Revisions .......................................... 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–40–40 ....... CAIR NOX Ozone Season Trading Budget ........... 5/1/08 8/4/09 [Insert page number where the document begins].

Adding ozone season 

trading budget for 

2015 and thereafter, 

and non-EGU budget. 

Section 45–40–41 ....... Timing Requirements for CAIR NOX Ozone Season Allowance Allocations.5/1/08 8/4/09 [Insert page number where the document begins].Adding requirements 

that apply to 2015 and 

thereafter. 

Section 45–40–42 ....... CAIR NOX Ozone Season Allowance Allocations 5/1/08 8/4/09 [Insert page number where the document begins].Adding requirements 

that apply to 2015 and 

thereafter. 

Section 45–40–43 ....... CAIR NOX Ozone Season Allowance Allocation 

for PPG Unit 002.

5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–40–51 ....... Establishment of Accounts ..................................... 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–40–52 ....... Responsibilities of CAIR Authorized Account Representative.5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–40–53 ....... Recordation of CAIR NOX Ozone Season Allowance Allocations.

5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–40–54 ....... Compliance with CAIR NOX Emissions Limitation 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–40–55 ....... Banking .................................................................. 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–40–56 ....... Account Error ......................................................... 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–40–57 ....... Closing of General Accounts ................................. 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–40–60 ....... Submission of CAIR NOX Ozone Season Allowance Transfers.

5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–40–61 ....... U.S. EPA Recordation ........................................... 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–40–62 ....... Notification .............................................................. 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–40–70 ....... General Monitoring and Reporting Requirements 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–40–71 ....... Initial Certification and Recertification Procedures 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–40–72 ....... Out of Control Periods ........................................... 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–40–73 ....... Notifications ............................................................ 5/1/08 8/4/09 [Insert page number where the document begins].


rmajette on DSK29S0YB1PROD with RULES
38542 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Rules and Regulations 

EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP—Continued 

State citation 

[Chapter 16–20 or 

45 CSR] 

Title/subject 

State 

effective 

date 

EPA approval date 

Additional explanation/ 

citation at 40 CFR 

52.2565 

Section 45–40–74 ....... Recordkeeping and Reporting ............................... 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–40–75 ....... Petitions .................................................................. 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–40–90 ....... Ozone Season NOX Reduction Requirements for 

Stationary Internal Combustion Engines.

5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–40–100 ..... Ozone Season NOX Reduction Requirements for 

Emissions of NOX from Cement Manufacturing 

Kilns.

5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–40–110 ..... Inconsistency Between Rules ................................ 5/1/08 8/4/09 [Insert page number where the document begins].

[45 CSR] Series 41 Control of Annual Sulfur Dioxides Emissions To Mitigate Interstate Transport of Sulfur Dioxide 

Section 45–41–1 ......... General ................................................................... 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–41–2 ......... Definitions ............................................................... 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–41–3 ......... Measurements, Abbreviations and Acronyms ....... 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–41–4 ......... Applicability ............................................................ 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–41–5 ......... Retired Unit Exemption .......................................... 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–41–6 ......... Standard Requirements ......................................... 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–41–7 ......... Computation of Time .............................................. 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–41–8 ......... Appeal Procedures ................................................. 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–41–10 ....... Authorization and Responsibilities of the CAIR 

Designated Representative.

5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–41–11 ....... Alternate CAIR Designated Representative .......... 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–41–12 ....... Changing the CAIR Designated Representative 

and Alternate CAIR Designated Representative; 

Changes in Owners and Operators.

5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–41–13 ....... Certificate of Representation ................................. 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–41–14 ....... Objections Concerning the CAIR Designated Representative.5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–41–15 ....... Delegation by CAIR Designated Representative 

and alternate CAIR Designated Representative.

5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–41–20 ....... General CAIR SO2 Trading Program Permit Requirements.

5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–41–21 ....... Submission of CAIR Permit Applications ............... 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–41–22 ....... Information Requirements for CAIR Permit Applications.5/1/08 8/4/09 [Insert page number where the document begins].


rmajette on DSK29S0YB1PROD with RULES
Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Rules and Regulations 38543 

EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP—Continued 

State citation 

[Chapter 16–20 or 

45 CSR] 

Title/subject 

State 

effective 

date 

EPA approval date 

Additional explanation/ 

citation at 40 CFR 

52.2565 

Section 45–41–23 ....... CAIR Permit Contents and Term ........................... 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–41–24 ....... CAIR Permit Revisions .......................................... 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–41–51 ....... Establishment of Accounts ..................................... 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–41–52 ....... Responsibilities of CAIR Authorized Account Representative.5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–41–53 ....... Recordation of CAIR SO2 Allowances ................... 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–41–54 ....... Compliance with CAIR SO2 Emission Limitation ... 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–41–55 ....... Banking .................................................................. 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–41–56 ....... Account Error ......................................................... 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–41–57 ....... Closing of General Accounts ................................. 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–41–60 ....... Submission of CAIR SO2 Allowance Transfers ..... 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–41–61 ....... U.S. EPA Recordation ........................................... 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–41–62 ....... Notification .............................................................. 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–41–70 ....... General Monitoring and Reporting Requirements 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–41–71 ....... Initial Certification and Recertification Procedures 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–41–72 ....... Out of Control Periods ........................................... 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–41–73 ....... Notifications ............................................................ 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–41–74 ....... Recordkeeping and Reporting ............................... 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–41–75 ....... Petitions .................................................................. 5/1/08 8/4/09 [Insert page number where the document begins].

Section 45–41–90 ....... Inconsistency Between Rules ................................ 5/1/08 8/4/09 [Insert page number where the document begins].


rmajette on DSK29S0YB1PROD with RULES
38544 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Rules and Regulations 

* * * * * 

§ 52.2540 [Removed and Reserved] 

■ 3. Section 52.2540 is removed and 

reserved. 

§ 52.2541 [Removed and Reserved] 

■ 4. Section 52.2541 is removed and 

reserved. 

[FR Doc. E9–18536 Filed 8–3–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 090130104–91027–02] 

RIN 0648–AX60 

International Fisheries; Western and 

Central Pacific Fisheries for Highly 

Migratory Species; Fishing 

Restrictions and Observer 

Requirements in Purse Seine Fisheries 

for 2009–2011 and Turtle Mitigation 

Requirements in Purse Seine Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues regulations 

under authority of the Western and 

Central Pacific Fisheries Convention 

Implementation Act (WCPFC 

Implementation Act) to implement 

certain decisions of the Commission for 

the Conservation and Management of 

Highly Migratory Fish Stocks in the 

Western and Central Pacific Ocean 

(WCPFC). Those decisions require that 

the members of the WCPFC, including 

the United States, take certain measures 

with respect to their purse seine 

fisheries in the area of competence of 

the WCPFC, which includes most of the 

western and central Pacific Ocean 

(WCPO). The regulations include limits 

on the number of days that may be 

fished, periods during which fishing 

may not be done on schools in 

association with fish aggregating devices 

(FADs), areas of high seas closed to 

fishing, requirements to retain tuna on 

board up to the first point of landing or 

transshipment, requirements to carry 

observers, and requirements to handle 

sea turtles in a specified manner. This 

action is necessary for the United States 

to satisfy its international obligations 

under the Convention on the 

Conservation and Management of 

Highly Migratory Fish Stocks in the 

Western and Central Pacific Ocean 

(Convention), to which it is a 

Contracting Party. 

DATES: The rule is effective August 3, 

2009, except for the amendments to 

§§ 300.222(aa) and 300.223(f), which are 

effective October 5, 2009. 

ADDRESSES: Copies of supporting 

documents that were prepared for this 

final rule, including the regulatory 

impact review (RIR) and environmental 

assessment (EA), as well as the 

proposed rule, are available via the 

Federal e-Rulemaking portal, at http:// 

www.regulations.gov. Those documents, 

and the small entity compliance guide 

prepared for this final rule, are also 

available from the Regional 

Administrator, NMFS, Pacific Islands 

Regional Office, 1601 Kapiolani Blvd., 

Suite 1110, Honolulu, HI 96814–4700. 

The initial regulatory flexibility analysis 

(IRFA) and final regulatory flexibility 

analysis (FRFA) prepared for this rule 

are included in the proposed rule and 

this final rule, respectively. 

FOR FURTHER INFORMATION CONTACT: Tom 

Graham, NMFS PIRO, 808–944–2219. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

This final rule is also accessible at 

http://www.gpoaccess.gov/fr. 

Background 

On June 1, 2009, NMFS published a 

proposed rule in the Federal Register 

(74 FR 26160) that would revise 

regulations at 50 CFR part 300, subpart 

O, in order to implement certain 

decisions of the WCPFC. The proposed 

rule was open to public comment 

through June 22, 2009. 

This final rule is implemented under 

authority of the WCPFC Implementation 

Act (16 U.S.C. 6901 et seq.), which 

authorizes the Secretary of Commerce, 

in consultation with the Secretary of 

State and the Secretary of the 

Department in which the United States 

Coast Guard is operating (currently the 

Department of Homeland Security), to 

promulgate such regulations as may be 

necessary to carry out the obligations of 

the United States under the Convention, 

including the decisions of the WCPFC. 

The authority to promulgate regulations 

has been delegated to NMFS. 

The objective of this final rule is to 

implement, with respect to U.S. purse 

seine vessels, two Conservation and 

Management Measures (CMM) adopted 

by the WCPFC in December 2008, at its 

Fifth Regular Annual Session. The first 

is CMM 2008–01, ‘‘Conservation and 

Management Measure for Bigeye and 

Yellowfin Tuna in the Western and 

Central Pacific Ocean’’ The second is 

CMM 2008–03, ‘‘Conservation and 

Management of Sea Turtles.’’ 

The proposed rule includes further 

background information, including 

information on the Convention and the 

WCPFC, the international obligations of 

the United States under the Convention, 

the provisions of CMM 2008–01 and 

CMM 2008–03 as they relate to purse 

seine vessels, and the basis for the 

proposed regulations. 

New Requirements 

This final rule establishes the 

following requirements: 

(1) Fishing Effort Limits 

Limits are established for 2009 

through 2011 on the number of fishing 

days that may be spent by the U.S. purse 

seine fleet on the high seas and in areas 

under U.S. jurisdiction (including the 

U.S. exclusive economic zone, or EEZ) 

within the Convention Area. First, there 

is a limit of 7,764 fishing days for the 

entire three-year 2009–2011 period. 

Second, there is a limit of 6,470 fishing 

days for each of the two-year periods 

2009–2010 and 2010–2011. Third, there 

is a limit of 3,882 fishing days for each 

of the one-year periods 2009, 2010, and 

2011. Once NMFS determines during 

any of these time periods that, based on 

information collected in vessel logbooks 

and other sources, the limit is expected 

to be reached by a specific future date, 

NMFS will issue a notice in the Federal 

Register announcing the closure of the 

purse seine fishery in the Convention 

Area on the high seas and in areas of 

U.S. jurisdiction, starting on that 

specific future date until the end of the 

applicable time period. Upon closure of 

the fishery, it will be prohibited to use 

a U.S. purse seine vessel to fish in the 

Convention Area on the high seas or in 

areas under U.S. jurisdiction, effective 

until the end of the applicable time 

period. NMFS will publish the notice at 

least seven calendar days before the 

effective date of the closure to provide 

fishermen advance notice of the closure. 

(2) FAD Prohibition Periods 

During specified periods in each of 

the years 2009, 2010, and 2011 it will 

be prohibited to set purse seines around 

FADs, deploy FADs, or service FADs or 

their associated electronic equipment in 

the Convention Area. It will be 

prohibited during these periods to set a 

purse seine within one nautical mile of 

a FAD or to set a purse seine in a 

manner intended to capture fish that 

have aggregated in association with a 

FAD, such as by setting the purse seine 

in an area from which a FAD has been 

moved or removed within the previous 

eight hours or setting the purse seine in 


rmajette on DSK29S0YB1PROD with RULES