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Federal Register/Vol. 74, No. 211/Tuesday, November 3, 2009/Proposed Rules

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[EPA-R09-OAR-2009-0435; FRL-8976-4]

Approval and Promulgation of

Implementation Plans; Corrections to

the Arizona and Nevada State

Implementation Plans

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to delete

certain statutes and rules that were

erroneously approved by EPA under the

Clean Air Act as part of the Arizona and

Nevada state implementation plans. The

statutes that are the subject of this

proposal are from the Arizona state

implementation plan. The rules that are

the subject of this proposal were

adopted by Pima County Health

Department in Arizona and the State

Environmental Commission, Clark

County District Board of Health, and

Washoe County District Board of Health

in Nevada. The statutes and rules that

EPA is proposing to delete relate to

general declarations of policy, advisory

committees, variances, and incidental

fees and nuisance odors. EPA is

proposing to delete these statutes and

rules under section 110(k)(6) of the

Clean Air Act. EPA is also proposing to

correct certain clerical and

typographical errors in the codification

of the Pima County portion of the

Arizona plan.

DATES: Any comments on this proposal

must arrive by December 3, 2009.

ADDRESSES: Submit comments,

identified by docket number EPA-R09-

OAR-2009-0435, by one of the

following methods:

1. Federal eRulemaking Portal: http://

www.regulations.gov. Follow the online

instructions.

2. E-mail: allen.cynthia@epa.gov.

3. Mail or deliver: Cynthia Allen

(AIR-4), U.S. Environmental Protection

Agency Region IX, 75 Hawthorne Street,

San Francisco, CA 94105-3901.

Instructions: All comments 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

Confidential Business Information (CBI)

or other information whose disclosure is

restricted by statute. Information that

you consider CBI or otherwise protected

should be clearly identified as such and

should not be submitted through http://

www.regulations.gov or e-mail. The

http://www.regulations.gov portal is an "anonymous access" system, and EPA

will not know your identity or contact

information unless you provide it in the

body of your comment. If you send email directly to EPA, your e-mail

address will be automatically captured

and included as part of the public

comment. 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.

Docket: The index to the docket for

this action is available electronically at

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

copy at EPA Region IX, 75 Hawthorne

Street, San Francisco, California. While

all documents in the docket are listed in

the index, some information may be

publicly available only at the hard copy

location (e.g., copyrighted material), and

some may not be publicly available in

either location (e.g., CBI). To inspect the

hard copy materials, please schedule an

appointment during normal business

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT:

Cynthia Allen, Rules Office (AIR-4),

U.S. Environmental Protection Agency,

Region IX, (415) 947-4120,

allen .cynthia@epa.gov.

SUPPLEMENTARY INFORMATION:

Throughout this document, "we," "us"

and "our" refer to EPA. This proposal

addresses a number of statutes and rules

that EPA has determined were

previously approved in error into the

Arizona and Nevada state

implementation plans (SIPs). EPA is

proposing to delete these statutes and

rules from the respective SIPs under

section 110(k)(6) of the Clean Air Act,

which provides EPA authority to

remove these statutes and rules without

additional State submission.

In the Rules and Regulations section

of this Federal Register, we are deleting

these statutes and rules, and making the

necessary corrections to the codification

of the Pima County portion of the

Arizona state implementation plan, in a

direct final action without prior

proposal because we believe the

deletion of them is not controversial.

Please see the direct final action for a

list of the specific statutes and rules that

are the subject of this action. If we

receive adverse comments, however, we

will publish a timely withdrawal of the

direct final rule and address the

comments in a subsequent action based

on this proposed rule. Please note that

if we receive adverse comment on an

amendment, paragraph, or section of

this rule and if that provision may be

severed from the remainder of the rule,

we may adopt as final those provisions

of the rule that are not the subject of an

adverse comment.

We do not plan to open a second

comment period, so anyone interested

in commenting should do so at this

time. If we do not receive adverse

comments, no further activity is

planned. For further information, please

see the direct final action.

Dated: October 19, 2009.

Nancy Lindsay,

Acting Regional Administrator, Region IX.

[FR Doc. E9-26332 Filed 11-2-09; 8:45 am]

BILLING CODE 6560-50-P

57055

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