Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Rules and Regulations 6305 

no longer performs its intended 

function. 

(7) Reexports to an alternate launch 

country. If a mechanical or weather 

related issue causes a change from the 

scheduled launch country to another 

foreign country after a commodity was 

exported or reexported under this 

paragraph (d), then that commodity may 

be subsequently reexported to the new 

scheduled launch country, provided all 

of the terms and conditions of paragraph 

(d) of this section are met, along with 

any other applicable EAR provisions. In 

such instances, the 6-month time 

limitation described in paragraph 

(d)(3)(i) of this section would start over 

again at the time of the subsequent 

reexport transaction. Note that if the 

subsequent reexport may be made under 

the designation No License Required 

(NLR) or some other authorization 

under the EAR, a reexporter does not 

need to rely on the provisions contained 

in this paragraph (d). 

Dated: February 1, 2010. 

Matthew S. Borman, 

Deputy Assistant Secretary for Export 

Administration. 

[FR Doc. 2010–2579 Filed 2–8–10; 8:45 am] 

BILLING CODE 3510–33–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2009–0706; FRL–9111–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Removal of NOX SIP Call 

Rules 

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 revision removes West 

Virginia’s nitrogen oxides (NOX) SIP 

Call rules. EPA is approving this 

revision to remove West Virginia’s NOX

SIP Call rules in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This rule is effective on April 12, 

2010 without further notice, unless EPA 

receives adverse written comment by 

March 11, 2010. 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–2009–0706 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–2009–0706, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, 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– 

0706. 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. Copies of the State submittal are 

available at the West Virginia 

Department of Environmental 

Protection, Division of Air Quality, 601 

57th Street SE., Charleston, West 

Virginia 25304. 

FOR FURTHER INFORMATION CONTACT: 

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

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

SUPPLEMENTARY INFORMATION: 

I. Background 

Throughout this document, whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

On July 20, 2009, the State of West 

Virginia submitted a formal revision to 

its SIP. The SIP revision removes West 

Virginia’s NOX SIP Call rules. West 

Virginia’s NOX SIP Call rules, approved 

into the West Virginia SIP on May 10, 

2002 (67 FR 31733) and September 28, 

2006 (71 FR 56881), established West 

Virginia’s NOX Budget Trading Program 

and set forth requirements for its nontrading sources, respectively. The 

former enabled West Virginia to 

participate in the EPA-administered 

regional NOX budget trading program 

under the NOX SIP Call. However, EPA 

discontinued the NOX SIP Call trading 

program after the 2008 ozone season, 

and starting in 2009, began 

administration of the trading programs 

under the Clean Air Interstate Rule 

(CAIR). CAIR established three separate 

emissions trading programs. One of 

these, the CAIR ozone season NOX

trading program, applies to the electric 

generating units (EGUs) that are subject 

to the NOX SIP Call but does not apply 

to the non-EGUs that were also trading 

sources under the NOX SIP Call. To help 

States address these sources, CAIR 

provided States with the flexibility to 

include the non-EGUs as part of their 

CAIR ozone season NOX trading 

program. West Virginia chose to bring 

these non-EGUs into its CAIR ozone 

season NOX trading program by 

including them in regulation 45CSR40— 

Control of Ozone Season Nitrogen Oxide 

Emissions to Mitigate Interstate 

Transport of Ozone and Nitrogen Oxides 

CAIR. In addition, West Virginia chose 

to recodify the provisions for its nontrading non-EGUs (internal combustion 

engines and cement kilns) that were 


Cprice-sewell on DSK2BSOYB1PROD with RULES
6306 Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Rules and Regulations 

included in 45CSR1 into 45CSR40. On 

August 4, 2009 (74 FR 38536), EPA 

approved West Virginia’s CAIR trading 

programs into the West Virginia SIP. 

West Virginia’s NOX SIP Call 

requirements have therefore been 

subsumed by the State’s CAIR ozone 

season NOX trading program. 

II. Summary of SIP Revision 

West Virginia met its NOX SIP Call 

requirements through two regulations: 

45CSR1—Control and Reduction of 

Nitrogen Oxides from Non-Electric 

Generating Units As a Means to Mitigate 

Transport of Ozone Precursors; and 

45CSR26—NOX Budget Trading 

Program as a Means of Control and 

Reduction of Nitrogen Oxides from 

Electric Generating Units. This SIP 

revision removes these two regulations. 

West Virginia is meeting its NOX SIP 

Call emission reduction requirements by 

its approved CAIR ozone season NOX

trading program, codified in 45CSR40. 

III. Final Action 

EPA is approving the SIP revision 

submitted by West Virginia to remove 

its NOX SIP Call rules 45CSR1 and 

45CSR26. West Virginia continues to 

meet its NOX SIP Call requirements 

through its SIP-approved CAIR ozone 

season NOX trading program. 

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 April 12, 2010 without 

further notice unless EPA receives 

adverse comment by March 11, 2010. 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 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 

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 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 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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by April 12, 2010. 

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 to approve the West 

Virginia SIP revision that removes the 

State’s NOx SIP Call rules 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, Nitrogen dioxide, Ozone, 

Particulate matter. 

Dated: January 22, 2010. 

W.C. Early, 

Acting Regional Administrator, Region III. 

■ 40 CFR Part 52 is amended as follows: 


Cprice-sewell on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Rules and Regulations 6307 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart XX—West Virginia 

§ 52.2520 [Amended] 

■ 2. In § 52.2520, the table in paragraph 

(c) is amended by removing the entries 

for 45CSR Series 1 and 45CSR Series 26 

in their entirety. 

[FR Doc. 2010–2675 Filed 2–8–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0010; FRL–9111–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Control of Carbon Monoxide 

Emissions From Basic Oxygen 

Furnaces 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Maryland State Implementation Plan 

(SIP). The revision, State of Maryland 

SIP Revision #05–08, replaces the 

current SIP requirements for the control 

of carbon monoxide (CO) emissions 

from basic oxygen furnaces (BOFs) at 

steel mills in the State of Maryland with 

a new, equivalent CO standard. EPA is 

approving this revision to the Maryland 

SIP in accordance with the requirements 

of the Clean Air Act (CAA). 

DATES: This rule is effective on April 12, 

2010 without further notice, unless EPA 

receives adverse written comment by 

March 11, 2010. 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–2010–0010 by one of the 

following methods: 

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

the online instructions for submitting 

comments. 

B. E-mail: 

fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2010–0010, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, 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–2010– 

0010. 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. Copies of the State submittal are 

available at the Maryland Department of 

the Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230. 

FOR FURTHER INFORMATION CONTACT: 

Maria A. Pino, (215) 814–2181, or by email at pino.maria@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

I. Background 

On October 31, 2005, the State of 

Maryland submitted a formal revision to 

its SIP. The SIP revision consists of 

establishment of a new standard for CO 

emissions from BOFs at steel mills. This 

SIP revision replaces the current SIP 

requirements for the control of CO 

emissions from BOFs, which Maryland 

had previously withdrawn from the 

Code of Maryland Administrative 

Regulations (COMAR). However, those 

requirements were not withdrawn from 

Maryland’s SIP. 

CO is generated in large quantities in 

BOFs at steel mills. BOFs contain hot 

metal from the blast furnace and scrap 

metal which is heated with oxygen to 

produce molten metal. The molten 

metal is ultimately cast into steel slabs. 

The BOFs are equipped with a gas 

collection system or hoods that exhaust 

the gases into a water scrubber system 

that is used primarily for control of 

particulate matter. 

II. Summary of SIP Revision 

This SIP revision establishes a new 

CO standard for BOFs at steel mills by 

adding new regulation COMAR 

26.11.10.05–1 to the Maryland SIP. This 

new regulation requires affected sources 

to demonstrate that the CO 

concentration in its gas stream does not 

exceed 1 percent by volume and to 

demonstrate compliance by conducting 

an initial stack test and additional stack 

tests every 2.5 years. COMAR 

26.11.10.05–1 replaces the CO emission 

requirements currently in the Maryland 

SIP, COMAR 26.11.10.06[2]. 

COMAR 26.11.10.06[2] required a 

person who operated a blast furnace, 

grey iron cupola or BOF to burn the gas 

with excess oxygen at not less than 1300 

°F for at least 0.3 seconds in a direct 

flame afterburner. In addition, COMAR 

26.11.10.06[2] allowed an equivalent 

control method which reduces the 

concentration of CO in the effluent to 

1.0 percent by volume or less. Maryland 

withdrew that regulation because: (1) 

Blast furnace gas is not controlled but is 

used as fuel in on site fuel burning 

equipment; (2) there are no grey iron 

cupolas located at steel mills and 

cupolas not located at steel mills are 


Cprice-sewell on DSK2BSOYB1PROD with RULES