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Citation: 74 Fed. Reg. 57055 2009

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-- The search text of this PDF is generated from uncorrected OCR text.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; Correctionsto 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 ofthe Arizona and Nevada state implementation plans. The statutes that are the subject ofthis proposal are from the Arizona state implementation plan. The rules that are the subject ofthisproposal were adopted by Pima County Health Department in Arizona and the State Environmental Commission, Clark County District Board ofHealth, and Washoe County District Board ofHealth in Nevada. The statutes andrules that EPA is proposing to delete relate to general declarations ofpolicy, advisory committees, variances, and incidental fees and nuisance odors. EPA is proposing to delete these statutes and rules under section 110(k)(6) ofthe Clean Air Act. EPA is also proposingto correct certain clerical and typographical errors in the codification ofthe Pima County portion ofthe 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 ofthe following methods: 1.FederaleRulemakingPortal: http:// www.regulations.gov. Follow the online instructions.

2. E-mail:allen.cynthia@epa.gov. 3.Mailordeliver: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 maybe made available online at: http://www.regulations.gov, including any personal information provided, unless the comment includes Confidential Business Information (CBI)

or otherinformation 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.govor e-mail. The http://www.regulations.gov portal is an "anonymous access" system, and EPA will not know your identity or contact information unlessyou provide it inthe body ofyour comment. Ifyou send email directly to EPA, your e-mail address will be automatically captured and included as part ofthe public comment. IfEPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may notbe 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, SanFrancisco, California. While all documents in the docket are listed in the index, some information maybe 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 normalbusiness 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) ofthe CleanAir Act, which provides EPA authority to

remove these statutes and rules without additional State submission.

In the Rules and Regulations section ofthis FederalRegister, we are deleting these statutes and rules, and making the necessary corrections to the codification ofthe Pima County portion ofthe Arizona state implementation plan, in a direct final action without prior proposal because we believe the deletion ofthem is not controversial. Please see the direct final actionfor a list ofthe specific statutes and rules that

are the subject ofthis action. Ifwe receive adverse comments, however, we will publish a timely withdrawal ofthe direct final rule and address the comments in a subsequent action based

onthis proposed rule. Please note that ifwe receive adverse comment on an amendment, paragraph, or section of this rule and ifthat provision may be severed from the remainder ofthe rule,

we may adopt as final those provisions ofthe rule that are notthe subject ofan adverse comment.

We do not plan to open a second comment period, so anyone interested in commenting should do so atthis time. Ifwe do notreceive adverse comments, no further activity is planned. For further information, please

see the direct final action.

Dated: October 19, 2009. Nancy Lindsay, ActingRegional Administrator, RegionIX. [FRDoc. E9-26332 Filed 11-2-09; 8:45 am]

BILLING CODE 6560-50-P 

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