Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Rules and Regulations 33329 

Bridge at mile 3.4 across the Hackensack 

River and notice of that temporary 

deviation was made along with the 

notice for the Witt Penn Bridge. This 

temporary deviation was issued to 

facilitate bridge maintenance for the 

above bridges; however, the 

maintenance for the Witt Penn Bridge 

has been postponed necessitating the 

early cancellation of that portion of the 

temporary deviation. The maintenance 

of the Lower Hack Bridge will continue 

as planned, and the temporary deviation 

approved for the Lower Hack Bridge 

remains in effect. Once new dates are 

provided for the maintenance of the 

Witt Penn Bridge any new temporary 

deviation will be published in the 

Federal Register. 

DATES: The temporary deviation 

published on April 29, 2009 (74 FR 

19421) pertaining to the Witt Penn 

Bridge across the Hackensack River at 

mile 3.1, across the Hackensack River, at 

Jersey City, New Jersey is cancelled as 

of June 23, 2009. 

ADDRESSES: The docket for this 

cancelled deviation is available for 

inspection or copying at the Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. You may also 

find this docket on the Internet by going 

to http://www.regulations.gov, selecting 

the Advanced Docket Search option on 

the right side of the screen, inserting 

USCG–2009–0210 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. 

FOR FURTHER INFORMATION CONTACT: Gary 

Kassof, Project Officer, First Coast 

Guard District, gary.kassof@uscg.mil, 

telephone 212–668–7165. 

SUPPLEMENTARY INFORMATION: 

Background and Purpose 

On April 29, 2009, we published a 

temporary deviation entitled 

‘‘Drawbridge Operation Regulations; 

New Jersey’’ in the Federal Register (71 

FR 19421). The temporary deviation 

concerned the Witt Penn Bridge at mile 

3.1, and the Lower Hack Bridge, mile 

3.4, both across the Hackensack River at 

Jersey City, New Jersey. 

Cancellation 

The Coast Guard received an 

additional request from the bridge 

owner of the Witt Penn Bridge, New 

Jersey Department of Transportation, on 

June 10, 2009, requesting the 

cancellation of the temporary deviation 

for the Witt Penn Bridge because the 

scheduled maintenance repairs did not 

begin on schedule due to a contractual 

dispute. 

The work for the Lower Hack Bridge 

began on schedule and will continue 

through July 22, 2009, as planned. 

The remaining bridge closure time 

period necessary to complete the 

maintenance work for the Lower Hack 

Bridge remains in effect through July 22, 

2009. If granted, a temporary deviation 

for the Witt Penn Bridge covering the 

revised maintenance work period will 

be published under a new temporary 

deviation in the Federal Register. 

The need to cancel the temporary 

deviation for the scheduled 

maintenance at the Witt Penn Bridge 

was due to a contractual dispute which 

delayed the start date of the bridge 

maintenance. 

Dated: June 17, 2009. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. E9–16397 Filed 7–10–09; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2009–0352; FRL–8929–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Allegheny County, 

Continuous Opacity Monitor 

Regulation 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Pennsylvania State Implementation Plan 

(SIP). This SIP revision, ‘‘Revision 58, 

Continuous Opacity Monitor Regulation 

Changes,’’ consists of changes to the 

Allegheny County Health Department 

(ACHD) Rules and Regulations, Article 

XXI, Air Pollution Control. EPA is 

approving this revision to the 

Pennsylvania SIP in accordance with 

the requirements of the Clean Air Act 

(CAA). 

DATES: This rule is effective on 

September 11, 2009 without further 

notice, unless EPA receives adverse 

written comment by August 12, 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–2009–0352 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–2009–0352, 

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– 

0352. 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. 


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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 Allegheny County 

Health Department, Bureau of 

Environmental Quality, Division of Air 

Quality, 301 39th Street, Pittsburgh, 

Pennsylvania 15201. 

FOR FURTHER INFORMATION CONTACT: 

Maria A. Pino, (215) 814–2181, or by 

e-mail at pino.maria@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On May 16, 2007, the Commonwealth 

of Pennsylvania submitted a formal 

revision to the Pennsylvania SIP. The 

SIP revision consists of changes to 

Article XXI of the ACHD Rules and 

Regulations to specify the method to 

determine compliance with opacity 

requirements for coke oven combustion 

stacks, allow the use of continuous 

opacity monitoring systems (COMS) to 

measure visual emissions, and remove a 

redundant phrase in the current 

approved SIP. 

II. Summary of SIP Revision 

The revisions in ‘‘Revision 58, 

Continuous Opacity Monitor Regulation 

Changes’’ make three changes to the 

ACHD Rules and Regulations, Article 

XXI, Air Pollution Control. 

The revision to § 2105.21.f specifies 

the method to determine compliance 

with opacity requirements for coke oven 

combustion stacks. The new language 

states that opacity measurements are to 

be performed according to the methods 

established in § 2107.11. This addition 

to § 2105.21.f strengthens the 

Pennsylvania SIP because the current 

SIP does not specify visible emission 

compliance methods for coke oven 

combustion stacks. 

The revision to § 2107.11 allows the 

use of COMS to measure visual 

emissions. Previously, compliance with 

visible emission requirements was 

determined only by EPA Method 9, 

which requires a certified smoke reader 

to observe the emissions leaving the 

stack during daylight hours. EPA 

Method 9 had been the only federally 

acceptable method to determine 

compliance with visibility emissions. 

However, on February 24, 1997, EPA 

promulgated its Credible Evidence 

Revisions, which clarified that nonreference test data, i.e., any creditable 

evidence, can be used in enforcement 

actions and for compliance 

determinations under the Clean Air Act 

(62 FR 8314). Thus, Method 9 is not the 

exclusive means to determining 

compliance with visibility 

requirements, and the use of data from 

COMS is deemed acceptable. This 

change strengthens the Pennsylvania 

SIP by allowing the use of COMS data 

to determine compliance with visibility 

requirements, which will make 

compliance determinations easier. 

The revision to § 2108.03 removes the 

redundant phrase, ‘‘within the time 

specified,’’ in the current approved SIP. 

This revision does not change the 

meaning of § 2108.03, but adds clarity. 

Therefore, this revision is approvable. 

III. Final Action 

EPA is approving ‘‘Revision 58, 

Continuous Opacity Monitor Regulation 

Changes,’’ submitted by the 

Commonwealth of Pennsylvania on May 

16, 2007. The revision to § 2105.21.f 

specifies the method to determine 

compliance with opacity requirements 

for coke oven combustion stacks in 

Allegheny County. The revision to 

§ 2107.11 allows the use of COMS to 

measure visual emissions in Allegheny 

County. The revision to § 2108.03 

removes a redundant phrase in the 

current approved SIP. EPA is approving 

these revisions to the Pennsylvania SIP 

in accordance with the requirements of 

the CAA. 

EPA is publishing this rule without 

prior proposal because the Agency 

views this as a noncontroversial 

amendment and anticipates no adverse 

comment. This revision to the 

Pennsylvania SIP serves to strengthen 

and add clarity to the SIP, but does not 

add any new regulatory requirements. 

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 

September 11, 2009 without further 

notice unless EPA receives adverse 

comment by August 12, 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 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). 


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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 September 11, 

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, which revises the 

Pennsylvania SIP to establish the 

method to determine compliance with 

opacity requirements for coke oven 

combustion stacks and allows the use of 

COMS to measure visible emissions in 

Allegheny County, and removes a 

redundant phrase in the current 

approved SIP, 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, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: July 1, 2009. 

William C. Early, 

Acting Regional Administrator, Region III. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart NN—Pennsylvania 

■ 2. In § 52.2020, the table in paragraph 

(c)(2) is amended by revising the entries 

for Article XXI, Sections 2105.21, 

2107.11, and 2108.03 to read as follows: 

§ 52.2020 Identification of plan. 

* * * * * 

(c) * * * 

(2) * * * 

Article XX or XXI citation Title/subject 

State 

effective 

date 

EPA approval date Additional explanation/§ 52.2063 

citation 

* * * * * * * 

Part E—Source Emission and Operating Standards 

* * * * * * * 

Subpart 2—Slag, Coke, and Miscellaneous Sulfur Sources 

* * * * * * * 

§ 2105.21 ................... Coke Oven and Coke Gas 

Oven.

4/1/07 ....................... 7/13/09, [Insert page number 

where the document begins].

Revision to paragraph 2105.21.f 

(Combustion Stacks). 

* * * * * * * 

Part G—Methods 

* * * * * * * 

§ 2107.11 ................... Visible Emissions .............. 4/1/07 ....................... 7/13/09, [Insert page number 

where the document begins].

* * * * * * * 

Part H—Reporting, Testing & Monitoring 

* * * * * * * 

§ 2108.03 ................... Continuous Emission Monitoring.4/1/07 ....................... 7/13/09, [Insert page number 

where the document begins].

Revision to paragraph 2108.03.f 

(Violations). 

* * * * * * * 


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* * * * * 

[FR Doc. E9–16365 Filed 7–10–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[VA201–5202; FRL–8923–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Update to Materials Incorporated by 

Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; administrative 

change. 

SUMMARY: EPA is updating the materials 

submitted by Virginia that are 

incorporated by reference (IBR) into the 

State implementation plan (SIP). The 

regulations affected by this update have 

been previously submitted by the 

Virginia Department of Environmental 

Quality (DEQ) and approved by EPA. 

This update affects the SIP materials 

that are available for public inspection 

at the National Archives and Records 

Administration (NARA), the Air and 

Radiation Docket and Information 

Center located at EPA Headquarters in 

Washington, DC, and the Regional 

Office. 

DATES: Effective Date: This action is 

effective July 13, 2009. 

ADDRESSES: SIP materials which are 

incorporated by reference into 40 CFR 

part 52 are available for inspection at 

the following locations: Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103; the 

Air and Radiation Docket and 

Information Center, EPA Headquarters 

Library, Room Number 3334, EPA West 

Building, 1301 Constitution Ave. NW., 

Washington, DC 20460, and the 

National Archives and Records 

Administration. If you wish to obtain 

materials from a docket in the EPA 

Headquarters Library, please call the 

Office of Air and Radiation (OAR) 

Docket/Telephone number: (202) 566– 

1742; or the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/

federal_register/code_of_

federal_regulations/ibr_locations.html. 

FOR FURTHER INFORMATION CONTACT: 

Harold A. Frankford, (215) 814–2108 or 

by e-mail at frankford.harold@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The SIP is a living document which 

the State revises as necessary to address 

the unique air pollution problems. 

Therefore, EPA from time to time must 

take action on SIP revisions containing 

new and/or revised regulations to make 

them part of the SIP. On May 22, 1997 

(62 FR 27968), EPA revised the 

procedures for incorporating by 

reference Federally-approved SIPs, as a 

result of consultations between EPA and 

the Office of the Federal Register (OFR). 

The description of the revised SIP 

document, IBR procedures and 

‘‘Identification of plan’’ format are 

discussed in further detail in the May 

22, 1997 Federal Register document. On 

April 21, 2000 (65 FR 21315), EPA 

published a Federal Register action 

beginning the new IBR procedure for 

Virginia. On September 8, 2004 (69 FR 

54216), November 3, 2005 (70 FR 66769) 

and July 16, 2007 (72 FR 38920), EPA 

published updates to the IBR material 

for Virginia. 

II. EPA Action 

In this document, EPA is doing the 

following: 

A. Announcing the update to the IBR 

material as of June 1, 2009. 

B. Making corrections to the following 

entries listed in the paragraph 

52.2420(c) table, as described below: 

1. In the entry 5–20–203, revising the 

text in the ‘‘Title/subject’’ column. 

2. Revising the titles for the following 

entries: Chapter 40, Part II, Articles 49 

and 50. 

3. Incorporating the entry for 5–40– 

1750. 

4. In the entry 5–40–1670, 

reorganizing the text in the ‘‘Title/ 

subject’’ and ‘‘Explanation [former SIP 

citation]’’ columns without making any 

substantive revisions to the list of SIPapproved definitions. 

5. In the entry 5–40–5610, removing 

the quotation marks from the terms 

listed in the ‘‘Explanation [former SIP 

section]’’ column. 

6. In the entry 5–40–7810, removing 

the quotation marks from the terms 

listed in the ‘‘Title/subject’’ column. 

7. Removing entries 5–80–1835, 5– 

80–1845, and 5–80–1855, they are 

designated as ‘‘reserved,’’ and contain 

no text that is incorporated by reference. 

8. In the entry 5–80–2130, correcting 

a typographical error to the text in the 

‘‘Title/subject’’ column. 

9. Correcting the date format in the 

‘‘State effective date’’ column for the 

following entries: Chapter 10, section 5– 

10–20; Chapter 20, section 5–20–203; 

Chapter 40, Part II, Article 4, section 5– 

40–300; Article 36, section 5–40–5060; 

Article 37, section 5–40–5200; Article 

41, section 5–40–5700; Article 42, 

sections 5–40–5700, 5–40–5720, and 5– 

20–5750; Article 48, section 5–40–6970; 

Article 49, sections 5–40–7120, 5–40– 

7130, 5–40–7140, and 5–40–7210; 

Article 50, sections 5–40–7240, 5–40– 

7270, 5–40–7300, 5–40–7330, and 5–40– 

7360; Article 53, all sections; and 

Chapter 230, all sections. 

C. In the paragraph 52.2420(d) table, 

correcting the date format in the ‘‘State 

effective date’’ column for the following 

entries: Columbia Gas Transmission 

Company-Loudoun County Compressor 

Station, and Global Stone Chemstone 

Corporation. 

D. Making corrections to the following 

entries listed in the paragraph 

52.2420(e) table, as described below: 

1. Rearranging the order of entries for 

‘‘Documents Incorporated by 

Reference.’’ 

2. Correcting the date format in the 

‘‘State effective date’’ column for the 

following entries: All nonregulatory and 

quasi-regulatory entries associated with 

the Washington 1-hour ozone 

nonattainment area, and the entry for 

RACT under the 8-Hour NAAQS 

(Stafford County). 

3. Removing the SIP effective date text 

in the ‘‘Additional explanation column’’ 

for the entry entitled ‘‘Documents 

Incorporated by Reference (9 VAC 5– 

20–21, Paragraphs E.4.a.(21) and (22)).’’ 

EPA has determined that today’s rule 

falls under the ‘‘good cause’’ exemption 

in section 553(b)(3)(B) of the 

Administrative Procedures Act (APA) 

which, upon finding ‘‘good cause,’’ 

authorizes agencies to dispense with 

public participation, and section 

553(d)(3) which allows an agency to 

make a rule effective immediately 

(thereby avoiding the 30-day delayed 

effective date otherwise provided for in 

the APA). Today’s rule simply codifies 

provisions which are already in effect as 

a matter of law in Federal and approved 

State programs. Under section 553 of the 

APA, an agency may find good cause 

where procedures are ‘‘impractical, 

unnecessary, or contrary to the public 

interest.’’ Public comment is 

‘‘unnecessary’’ and ‘‘contrary to the 

public interest’’ since the codification 

only reflects existing law. Immediate 

notice in the CFR benefits the public by 

removing outdated citations and 

incorrect chart entries. 

III. 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 


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