[Federal Register Volume 70, Number 82 (Friday, April 29, 2005)]
[Proposed Rules]
[Page 22292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8605]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R03-OAR-2005-VA-0003; FRL-7906-1]


Approval and Promulgation of Air Quality Implementation Plans; 
Virginia; Minor Revisions to the Fugitive Dust and Waiver Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA proposes to approve the State Implementation Plan (SIP) 
revision submitted by the Commonwealth of Virginia to remove the 
application of oil as an acceptable alternative fugitive dust emissions 
reduction method, due to an existing prohibition on oil application, on 
land, found in the Virginia statute. In addition, the revision changes 
a specific reference from ``Executive Director'' to ``Director''. In 
the Final Rules section of this Federal Register, EPA is approving the 
State's SIP submittal as a direct final rule without prior proposal 
because the Agency views this as a noncontroversial submittal and 
anticipates no adverse comments. A detailed rationale for the approval 
is set forth in the direct final rule. If no adverse comments are 
received in response to this action, no further activity is 
contemplated. If EPA receives adverse comments, the direct final rule 
will be withdrawn and all public comments received will be addressed in 
a subsequent final rule based on this proposed rule. EPA will not 
institute a second comment period. Any parties interested in commenting 
on this action should do so at this time.

DATES: Comments must be received in writing by May 31, 2005.

ADDRESSES: Submit your comments, identified by Regional Material in 
EDocket (RME) ID Number R03-OAR-2005-VA-0003 by one of the following 
methods:
    A. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    B. Agency Web site: http://www.docket.epa.gov/rmepub/ RME, EPA's 
electronic public docket and comment system, is EPA's preferred method 
for receiving comments. Follow the on-line instructions for submitting 
comments.
    C. E-mail: [email protected].
    D. Mail: R03-OAR-2005-VA-0003, Makeba Morris, Chief, Air Quality 
Planning Branch, Mailcode 3AP21, U.S. Environmental Protection Agency, 
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    E. 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 RME ID No. R03-OAR-2005-VA-
0003. 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.docket.epa.gov/rmepub/, 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 RME, regulations.gov 
or e-mail. The EPA RME and the Federal regulations.gov Web sites are 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 RME or 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 
RME index at http://www.docket.epa.gov/rmepub/. 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 RME 
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 Virginia Department of Environmental Quality, 629 East 
Main Street, Richmond, Virginia, 23219.

FOR FURTHER INFORMATION CONTACT: Linda Miller, (215) 814-2068, or by e-
mail at [email protected].

SUPPLEMENTARY INFORMATION: For further information on the approval of 
minor revisions to Visible Emissions and Fugitive Dust standards, 
please see the information provided in the direct final action, with 
the same title, that is located in the ``Rules and Regulations'' 
section of this Federal Register publication. 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.

    Dated: April 20, 2005.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. 05-8605 Filed 4-28-05; 8:45 am]
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