```

[Federal Register Volume 74, Number 187 (Tuesday, September 29, 2009)]
[Proposed Rules]
[Pages 49833-49834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23500]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2009-0547; FRL-8963-8]

 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; reopening of the comment period.

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

SUMMARY: EPA is reopening the comment period for a notice of proposed 
rulemaking (NPR) published on July 31, 2009 (74 FR 38154) and corrected 
on August 27, 2009 (74 FR 43653). In the NPR, EPA proposed to determine 
that Berkeley County, part of the Hagerstown-Martinsburg 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 for the 1997 National Ambient Air Quality Standard 
(NAAQS) for fine particulate (PM25) have clean data for the 
1997 PM25 NAAQS. EPA received comments from EarthJustice 
pertaining to the design value calculations for the Hagerston-
Martinsburg nonattainment area. EarthJustice also requested that the 
2009 monitored data referred to in the proposed rule be made available 
as part of the record and that the proposed rule either be revised or 
the comment period reopened to allow the public to consider the data. 
EPA is therefore reopening the comment period and including the data 
that was relied upon for the clean data determination as well as the 
2009 monitored data. The data relied upon by EPA is now provided in a 
Technical Support Document which is included in the record for this 
rulemaking. EPA is reopening the comment period through October 29, 
2009. All comments received on or before October 29, 2009 will be 
entered into the public record and considered by EPA before taking 
final action on the proposed rule.

DATES: Written comments must be received on or before October 29, 2009.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2009-0547 by one of the following methods:
    http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-mail: [email protected].

[[Page 49834]]

    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.
    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 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.

FOR FURTHER INFORMATION CONTACT: Marilyn Powers, (215) 814-2308, or by 
e-mail at [email protected].

    Dated: September 18, 2009.
William C. Early,
Acting Regional Administrator, Region III.
[FR Doc. E9-23500 Filed 9-28-09; 8:45 am]
BILLING CODE P
```