Federal Register / Vol. 74, No. 165 / Thursday, August 27, 2009 / Proposed Rules 43653 

A.3(c) Repair and alteration projects 

involving, but not adversely affecting, 

properties listed on or eligible for the 

National Register of Historic Places. 

A.3(d) Repair to or replacement in kind of 

equipment or components in AFRHcontrolled facilities without change in 

location, e.g. HVAC, electrical distribution 

systems, windows, doors or roof. 

A.3(e) Disposal or other disposition of 

claimed or unclaimed personal property of 

deceased persons. 

A.3(f) Supportive services that include 

health care and housing services, permanent 

housing placement, day care, nutritional 

services, collection of payment for services, 

short-term payments for rent/mortgage/utility 

costs, and assistance in gaining access to 

local, State, and Federal government benefits 

and services. 

A.3(g) Normal personnel, fiscal, and 

administrative activities involving civilian 

personnel (recruiting, processing, paying, 

and records keeping). 

A.3(h) Routine or minor facility 

maintenance, custodial, and groundskeeping 

activities such as window washing, lawn 

mowing, trash collecting, and snow removal 

that do not involve environmentally sensitive 

areas (such as eroded areas, wetlands, 

cultural sites, or areas with endangered/ 

threatened species). 

A.3(i) Environmental Site Assessment 

activities under RCRA and CERCLA; 

A.3(j) Geological, geophysical, 

geochemical, and engineering surveys and 

mapping, including the establishment of 

survey marks; 

A.3(k) Installation and operation of 

ambient air and noise monitoring equipment 

that does not include constructing or erecting 

towers; 

A.3(l) Routine procurement of goods and 

services (complying with applicable 

procedures for sustainable or ‘‘green’’ 

procurement) to support operations and 

infrastructure, including routine utility 

services and contracts. 

A.3(m) Routine movement/relocations of 

residents on site. 

A.4 CATEXs Requiring Documentation 

The following are categorical exclusions 

that require preparation of a checklist to 

ensure that no extraordinary circumstances 

exist that would require preparation of an EA 

or EIS. Checklists may be obtained from the 

Master Planner at 3700 North Capitol Street, 

NW., Washington, DC 20011. 

A.4(a) Expansion or improvement of an 

existing facility where all of the following 

conditions are met: 

A.4(a)(1) The structure and proposed use 

are substantially in compliance with local 

planning and zoning and any applicable 

State or Federal requirements; 

A.4(a)(2) The proposed use will only 

slightly increase the number of motor 

vehicles at the facility; 

A.4(a)(3) The site and the scale of 

construction are consistent with those of 

existing adjacent or nearby buildings; and 

A.4(a)(4) There is no evidence of 

environmental controversy. 

A.4(b) Transfer or disposal of real 

property to State or local agencies for 

preservation or protection of wildlife 

conservation and historic monument 

purposes. 

A.4(c) Disposal of fixtures, related 

personal property, demountable structures, 

and transmission lines in accordance with 

management requirements. 

A.4(d) Disposal of properties where the 

size, area, topography, and zoning are similar 

to existing surrounding properties and/or 

where current and reasonable anticipated 

uses are or would be similar to current 

surrounding uses (e.g., commercial store in a 

commercial strip, warehouse in an urban 

complex, office building in downtown area, 

row house or vacant lot in an urban area). 

A.4(e) Demolition, removal and disposal 

of debris from the demolition or 

improvement of buildings and other 

structures neither on nor eligible for listing 

on the National Register of Historic Places 

and when under applicable regulations (i.e., 

removal of asbestos, polychlorinated 

biphenyls (PCBs), and other hazardous 

material) when other environmental laws and 

regulations will be satisfied prior to 

demolition, removal and disposal. 

A.4(f) Relocations and realignments of 

employees and/or residents from one 

geographic area to another that: Fall below 

the thresholds for reportable actions and do 

not involve related activities such as 

construction, renovation, or demolition 

activities that would otherwise require an EA 

or an EIS to impellent. This includes 

reorganization and reassignments with no 

changes in employee and/or resident status, 

and routine administrative reorganizations 

and consolidations. 

Appendix B to Part 200: The Action 

Requiring an Environmental 

Assessment 

The following actions are not considered to 

be major Federal actions significantly 

affecting the quality of the human 

environment and; therefore, require an 

Environmental Impact Statement (EIS) nor 

are considered a categorical exclusion as 

defined in these regulations and would 

require the preparation of an Environmental 

Assessment (EA): 

B.1 Construction on previously disturbed 

property where there is the potential for a 

increase in traffic and people. 

Appendix C to Part 200: Actions 

Requiring Environmental Impact 

Statement 

The following actions are considered to be 

major Federal actions significantly affecting 

the quality of the human environment, and 

therefore must be the subjects of EIS, as 

indicates may have significant environmental 

effects: 

C.1 Acquisition of space by Federal 

construction or lease construction, or 

expansion or improvement of an existing 

facility, where one or more of the following 

applies: 

C.1(a) The structure and/or proposed use 

are not substantially consistent with local 

planning and zoning or any applicable State 

or Federal requirements. 

C.1(b) The proposed use will 

substantially increase the number of motor 

vehicles at the facility. 

C.1(c) The site and scale of construction 

are not consistent with those of existing 

adjacent or nearby buildings. 

C.1(d) There is evidence of current or 

potential environmental controversy. 

C.2 Space acquisition programs projected 

for a substantial geographical area (e.g., a 

metropolitan area) for a 3-to-5-year period or 

greater (Note: A Programmatic EIS is often 

appropriate here, from which subsequent 

EISs and EAs can be tiered). 

Dated: August 21, 2009. 

Timothy Cox, 

Chief Operating Officer. 

[FR Doc. E9–20674 Filed 8–26–09; 8:45 am] 

BILLING CODE 8250–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2009–0547; FRL–8950–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Determination of Clean Data 

for the 1997 Fine Particulate Matter 

Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; correction. 

SUMMARY: This document corrects an 

omission in the preamble language of 

the notice of proposed rulemaking 

(NPR) to determine that the West 

Virginia portions of three nonattainment 

areas for the 1997 fine particulate 

(PM2.5) National Ambient Air Quality 

Standard (NAAQS) have clean data for 

the 1997 PM2.5 NAAQS. 

DATES: Written comments must be 

received on or before August 31, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2009–0547 by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

B. E-mail: 

fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2009–0547, 

Cristina Fernandez, Chief, Air Quality 

Planning Branch, Mailcode 3AP21, 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. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
43654 Federal Register / Vol. 74, No. 165 / Thursday, August 27, 2009 / Proposed Rules 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2009– 

0547. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

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 www.regulations.gov 

or e-mail. The 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 www.regulations.gov, your email 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 

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 

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. 

FOR FURTHER INFORMATION CONTACT: 

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

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

SUPPLEMENTARY INFORMATION: On July 

31, 2009 (74 FR 38154), EPA published 

an NPR to determine that the West 

Virginia portions of three nonattainment 

areas have clean data for the 1997 PM2.5

NAAQS. In the preamble of this 

document, EPA inadvertently omitted a 

partial county that is part of the West 

Virginia portion of the ParkersburgMarietta WV–OH nonattainment area. 

This action corrects the omission of the 

Grant Tax District in Pleasants County 

as part of the West Virginia portion of 

the nonattainment area. 

Statutory and Executive Order Reviews 

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 

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 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 correction to the 

proposed determination that the West 

Virginia portions of the HagerstownMartinsburg, Parkersburg-Marietta, and 

Wheeling nonattainment areas have 

clean data for the 1997 PM2.5 standard 

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. 

Correction 

In rule document E9–18393, on page 

38154, in the issue of July 31, 2009, the 

second sentence of the Summary is 

corrected to read: ‘‘These are Berkeley 

County, part of the HagerstownMartinsburg MD-WV nonattainment 

area; Wood County and the Grant Tax 

District in Pleasants County, part of the 

Parkersburg-Marietta WV-OH 

nonattainment area; and Marshall 

County and Ohio County, part of the 

Wheeling WV-OH nonattainment area, 

hereinafter referred to in this notice as 

the West Virginia portions of the 

Hagerstown-Martinsburg, ParkersburgMarietta, and Wheeling PM2.5

nonattainment areas.’’ 

Also, on page 38156, the last sentence 

of Section III is corrected to read: ‘‘The 

Hagerstown-Martinsburg nonattainment 

area (Berkeley County, WV and 

Washington County, MD), the 

Parkersburg-Marietta nonattainment 

area (Wood County, WV, the Grant Tax 

District in Pleasants County, WV, and 

Washington County, OH), and the 

Wheeling nonattainment area (Marshall 

County, WV, Ohio County, WV, and 

Belmont County, OH) were designated 

nonattainment for the 1997 PM2.5

NAAQS (see 40 CFR part 81).’’ 

Dated: August 19, 2009. 

William C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. E9–20735 Filed 8–26–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R09–OAR–2008–0467; FRL–8950–2] 

Designation of Areas for Air Quality 

Planning Purposes; California; San 

Joaquin Valley, South Coast Air Basin, 

Coachella Valley, and Sacramento 

Metro Ozone Nonattainment Areas; 

Reclassification 

AGENCY: Environmental Protection 

Agency (EPA). 


srobinson on DSKHWCL6B1PROD with PROPOSALS