31904 Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Proposed Rules 

B. Where Can I Obtain a Copy of This 

Action and Other Related Information? 

In addition to being available in the 

docket, an electronic copy of the 

proposed amendments is also available 

on the Worldwide Web (http:// 

www.epa.gov/ttn/) through the 

Technology Transfer Network (TTN). 

Following signature, a copy of the 

proposed amendment will be posted on 

the TTN’s policy and guidance page for 

newly proposed or promulgated rules at 

http://www.epa.gov/ttn/oarpg. The TTN 

provides information and technology 

exchange in various areas of air 

pollution control. 

Dated: June 26, 2009. 

Jennifer N. Edmonds, 

Acting Director, Office of Air Quality Planning 

and Standards. 

[FR Doc. E9–15805 Filed 7–2–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R03–OAR–2009–0033; FRL–8925–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Clean Air Interstate Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; correction. 

SUMMARY: This document corrects and 

clarifies an error in the preamble 

language of the proposal to approve a 

West Virginia State Implementation 

Plan (SIP) revision that addresses the 

requirements of EPA’s Clean Air 

Interstate Rule (CAIR), and recodifies 

and revises provisions pertaining to 

sources that are subject to the nitrogen 

oxides (NOX) SIP Call. 

DATES: Written comments must be 

received on or before July 13, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2009–0033 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–2009–0033, 

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– 

0033. 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, at (215) 814–2308, or 

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

SUPPLEMENTARY INFORMATION: On June 

11, 2009 (74 FR 27731), EPA published 

a notice of proposed rulemaking 

announcing the approval of West 

Virginia’s CAIR rules and recodification 

and revision of provisions pertaining to 

internal combustion engines and cement 

kilns that are subject to the NOx SIP 

Call. In the preamble of this document, 

EPA inadvertently printed the incorrect 

number of allowances in West Virginia’s 

Compliance Supplement Pool (CSP). 

This action corrects the number of 

allowances in the West Virginia CSP 

from 4,898 allowances to 16,929 

allowances. 

Correction 

In rule document E9–13725, on page 

27736, the first sentence of the third 

paragraph in the first column should 

read: ‘‘West Virginia’s compliance 

supplement pool is comprised of 16,929 

allowances.’’ 

Statutory and Executive Order Reviews 

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 

proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed 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 


cprice-sewell on PROD1PC69 with PROPOSALS
Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Proposed Rules 31905 

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 proposed approval of 

West Virginia’s SIP revision to meet the 

requirements of CAIR 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. 

Dated: June 24, 2009. 

William C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. E9–15794 Filed 7–2–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 260 and 261 

[EPA–HQ–RCRA–2009–0315; FRL–8926–4 ] 

RIN 2050–AG31 

Definition of Solid Waste Public 

Meeting; Extension of Comment Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of Public Meeting and 

Request for Comments; Extension of 

comment period. 

SUMMARY: EPA is announcing an 

extension to the comment period for the 

public meeting notice published in the 

Federal Register on May 27, 2009 

regarding the Agency’s recent regulation 

on the definition of solid waste under 

Subtitle C of the Resource Conservation 

and Recovery Act (RCRA). The 

comment period is being extended 30 

days to August 13, 2009. EPA is 

currently reviewing a petition filed with 

the Administrator under RCRA section 

7004(a) requesting that the Agency 

reconsider and repeal the recently 

promulgated revisions to the definition 

of solid waste for hazardous secondary 

materials being reclaimed, and is 

soliciting comments and information to 

assist the agency in evaluating the 

petition. 

DATES: Persons may submit written or 

electronic comments by August 13, 

2009. The administrative record of the 

meeting will remain open for 

submissions until August 13, 2009. 

ADDRESSES: Written comments. Submit 

your written comments, identified by 

Docket ID No. EPA–HQ–RCRA 2009– 

0315 by one of the following methods: 

• http://www.regulations.gov: Follow 

the online instructions for submitting 

comments. 

• E-mail: Comments may be sent by 

electronic mail (e-mail) to RCRAdocket@epa.gov, Attention Docket ID 

No. EPA–HQ–RCRA–2009–0315. 

• Fax: Fax comments to: 202–566– 

9744, Attention Docket ID No. EPA– 

HQ–RCRA 2009–0315 

• Mail: Send comments to: OSWER 

Docket, EPA Docket Center, Mail Code 

2822–T, Environmental Protection 

Agency, 1200 Pennsylvania Avenue, 

NW., Washington D.C. 20460, Attention 

Docket ID No. EPA–HQ–RCRA–2009– 

0315. 

Instructions: 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 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 docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, such as CBI or 

other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the OSWER Docket, EPA/DC, EPA West, 

Room 3334, 1301 Constitution Ave., 

NW., Washington DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m. Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the OSWER Docket is 202– 

566–0270. 

FOR FURTHER INFORMATION CONTACT: For 

more detailed information on the 

definition of solid waste regulations, 

contact Tracy Atagi, Office of Resource 

Conservation and Recovery, Materials 

Recovery and Waste Management 

Division, MC 5304P, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington DC 20460, at 

(703) 308–8672 (atagi.tracy@epa.gov). 

For information on specific aspects of 

the public meeting, contact Amanda 

Geldard, Office of Resource 

Conservation and Recovery, Materials 

Recovery and Waste Management 

Division, MC 5304P, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington DC 20460, at 

(703) 347–8975, 

(geldard.amanda@epa.gov). 

Dated: June 29, 2009. 

Matt Hale, 

Director, Office of Resource Conservation and 

Recovery. 

[FR Doc. E9–15807 Filed 7–2–09; 8:45 am] 

BILLING CODE 6560–50–P 


cprice-sewell on PROD1PC69 with PROPOSALS