12560 Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2009–0110; FRL–8787–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Amendments to the Control of 

Air Pollution From Combustion of 

Refuse 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a revision to the West 

Virginia State Implementation Plan 

(SIP). The SIP revision amends a 

regulation to control air pollution from 

combustion of refuse. EPA is approving 

these revisions in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This rule is effective on May 26, 

2009 without further notice, unless EPA 

receives adverse written comment by 

April 24, 2009. If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2009–0110 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. E-mail: 

fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2009–0110, 

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 previouslylisted 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– 

0110. 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. 

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: Rose 

Quinto, (215) 814–2182, or by e-mail at 

quinto.rose@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On April 25, 2008, the West Virginia 

Department of Environmental Protection 

(WVDEP) submitted a revision to its 

State Implementation Plan (SIP) for the 

control of air pollution from combustion 

of refuse. This SIP revision replaces the 

current 45CSR6 approved by EPA on 

April 10, 2003 (68 FR 6627). 

II. Summary of SIP Revision 

This SIP revision consists of 

amendments to West Virginia’s Rule 

45CSR6, which establishes emission 

standards for particulate matter and 

requirements for activities involving 

incineration of refuse, which are not 

subject to, or are exempted from, 

regulation under various Federal 

counterpart regulations for specific 

combustion source categories. This SIP 

revision prohibits, with limited 

exception, open burning and sets forth 

the registration, permitting, reporting, 

testing, emergency, natural disaster, and 

exemption provisions for activities 

involving the combustion of refuse and 

land clearing debris. This SIP revision 

does not prohibit bonfires, campfires or 

other forms of open burning for the 

purposes of personal enjoyment and 

comfort. 

Definitions were revised in this SIP 

revision as follows: (1) Definitions for 

‘‘Agency Administrator,’’ ‘‘CFR,’’ 

‘‘Prescribed Burning,’’ and ‘‘Secretary’’ 

were added; (2) Definitions for ‘‘Clean 

Lumber,’’ ‘‘Director,’’ ‘‘Wood Waste,’’ 

and ‘‘Yard Waste’’ were removed; and 

(3) Definitions for 

‘‘Incinerator,’’ ‘‘ Incinerator Capacity,’’ 

‘‘Opacity,’’ ‘‘Open Burning,’’ 

‘‘Pathological Waste,’’ and ‘‘Refuse’’ 

were amended. 

This SIP revision has new provisions 

for open burning or incineration of 

animal or poultry carcasses during a 

declared state of emergency involving 

highly contagious animal or poultry 

disease, and a new provision for 

prescribed burning as approved by the 

West Virginia Division of Forestry. The 

SIP revision has also a revised language 

and a new definition for pathological 

waste incinerators burning at least 90 

percent pathological waste, which are 

exempted from 45CSR18. 

Other revisions to the rule include a 

revised title, addition of new language 

for posted incinerator operating 

instructions, a new exemption section, 

and general language clarification and 

correction. 

III. Final Action 

EPA is approving the amendments of 

Rule 45CSR6—Control of Air Pollution 

from Combustion of Refuse, as a 

revision to the West Virginia SIP. This 

SIP revision was submitted by WVDEP 

on April 25, 2008. 

EPA is publishing this rule without 

prior proposal because the Agency 

views this as a noncontroversial 

amendment and anticipates no adverse 

comment. However, in the ‘‘Proposed 

Rules’’ section of today’s Federal 

Register, EPA is publishing a separate 

document that will serve as the proposal 

to approve the SIP revision if adverse 

comments are filed. This rule will be 

effective on May 26, 2009 without 

further notice unless EPA receives 


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Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 12561 

adverse comment by April 24, 2009. If 

EPA receives adverse comment, EPA 

will publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. EPA 

will address all public comments in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. Please note that 

if EPA receives adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA 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 CAA. 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 CAA; 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. 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by May 26, 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 

This action pertaining to the 

amendments of West Virginia’s 

regulation to control air pollution from 

combustion of refuse, 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, Particulate matter, 

Recordkeeping and reporting. 

Dated: March 4, 2009. 

William T. Wisniewski, 

Acting Regional Administrator, Region III. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for 40 CFR 

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 revising the entries 

for 45CSR6, Sections 45–6–1 through 

45–6–11 and adding an entry for 

45CSR6, Section 45–6–12. The 

amendments read as follows: 

§ 52.2520 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP 

State citation 

[Chapter 16–20 or 

45CSR] 

Title/subject State effective 

date EPA approval date Additional explanation/citation at 40 CFR 52.2565 


sroberts on PROD1PC70 with RULES
12562 Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 

EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP—Continued 

State citation 

[Chapter 16–20 or 

45CSR] 

Title/subject State effective 

date EPA approval date Additional explanation/citation at 40 CFR 52.2565 

* * * * * * * 

[45CSR] Series 6 Control of Air Pollution From Combustion of Refuse 

Section 45–6–1 ......... General ............ 6/1/08 3/25/09[Insert page number 

where the document begins].

Added subsection 1.1.a. 

Section 45–6–2 ......... Definitions ........ 6/1/08 3/25/09[Insert page number 

where the document begins].

Terms added: ‘‘Agency Administrator,’’ ‘‘CFR,’’ 

‘‘Prescribed Burning,’’ and ‘‘Secretary.’’ 

Terms removed: ‘‘Clean Lumber,’’ ‘‘Director,’’ 

‘‘Wood Waste,’’ and ‘‘Yard Waste.’’ 

Terms amended: ‘‘Incinerator,’’ ‘‘Incinerator Capacity,’’ ‘‘Opacity,’’ ‘‘Open Burning,’’ ‘‘Pathological Waste,’’ and ‘‘Refuse.’’ 

Section 45–6–3 ......... Open Burning 

Prohibited.

6/1/08 3/25/09[Insert page number 

where the document begins].

Added subsection 3.1.e. (3.1.e.1 through 

3.1.e.6). 

Revised subsections 3.1, 3.1.b, 3.1.c.3, and 

3.2.a. 

Section 45–6–4 ......... Emission Standards for Incinerators.6/1/08 3/25/09[Insert page number 

where the document begins].

Deleted subsections 4.8, and 4.8.a through 

4.8.d. 

Revised subsections 4.1, 4.2, 4.3, 4.5, 4.7 and 

4.8.e. 

Added subsections 4.9 and 4.10. 

Section 45–6–5 ......... Registration ...... 6/1/08 3/25/09[Insert page number 

where the document begins].

Revised subsection 5.1. 

Section 45–6–6 ......... Permits ............. 6/1/08 3/25/09[Insert page number 

where the document begins].

Revised subsections 6.1, 6.1.a.3, 6.1.a.4, 

6.1.b.3, 6.1.b.5, 6.1.b.6, and 6.1.b.7. 

Added subsection 6.2. 

Section 45–6–7 ......... Reports and 

Testing.

6/1/08 3/25/09[Insert page number 

where the document begins].

Revised subsections 7.1 and 7.2. 

Section 45–6–8 ......... Variances ......... 6/1/08 3/25/09[Insert page number 

where the document begins].

Revised subsections 8.1 and 8.2. 

Section 45–6–9 ......... Emergencies 

and Natural 

Disasters.

6/1/08 3/25/09[Insert page number 

where the document begins].

Revised subsection 9.1. 

Added subsections 9.1.c, 9.2, and 9.2.a through 

9.2.c. 

Section 45–6–10 ....... Exemptions ...... 6/1/08 3/25/09[Insert page number 

where the document begins].

New Section. 

Section 45–6–11 ....... Effect of the 

Rule.

6/1/08 3/25/09[Insert page number 

where the document begins].

Recodified—formerly section 45–6–10. 

Section 45–6–12 ....... Inconsistency 

Between 

Rules.

6/1/08 3/25/09[Insert page number 

where the document begins].

Recodified—formerly section 45–6–11. 

Revised subsection 12.1. 

* * * * * * * 

[FR Doc. E9–6615 Filed 3–24–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2008–0796 ; A–1–FRL– 

8785–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; Rhode 

Island; Carbon Monoxide Limited 

Maintenance Plan for Providence, RI 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Rhode Island. 

This revision establishes a limited 

maintenance plan for the Providence 

Rhode Island carbon monoxide 

attainment area and addresses the 

remaining portion of the ten-year update 

to the carbon monoxide maintenance 

plan. This action is being taken in 

accordance with the Clean Air Act. 

DATES: This direct final rule will be 

effective May 26, 2009, unless EPA 

receives adverse comments by April 24, 

2009. If adverse comments are received, 

EPA will publish a timely withdrawal of 

the direct final rule in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R01–OAR–2008–0796 by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

2. E-mail: arnold.anne@epa.gov. 

3. Mail: ‘‘Docket Identification 

Number EPA–R01–OAR–2008–0796’’, 

Anne Arnold, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, One Congress Street, 

Suite 1100 (mail code CAQ), Boston, 

MA 02114–2023. 


sroberts on PROD1PC70 with RULES