[Federal Register Volume 72, Number 177 (Thursday, September 13, 2007)]
[Proposed Rules]
[Page 52325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-17876]



[[Page 52325]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 97

[EPA-R03-OAR-2007-0448; FRL-8465-7]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Clean Air Interstate Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA proposes to approve the State Implementation Plan (SIP) 
revision submitted on June 8, 2007 by the State of West Virginia for 
the Clean Air Interstate Rule (CAIR) Nitrogen Oxides (NOX) 
Annual and NOX Ozone Season Abbreviated SIP. The abbreviated 
SIP revision EPA is proposing to approve includes West Virginia's 
methodology for allocation of annual NOX and ozone season 
NOX allowances for Phase 1 of CAIR, which is comprised of 
control periods 2009 through 2014. EPA is not proposing to make any 
changes to the CAIR Federal Implementation Plan currently in effect in 
West Virginia, but is proposing, to the extent EPA approves West 
Virginia's SIP revision, to amend the appropriate appendices in the 
CAIR FIP trading rules simply to note that approval. The intended 
effect of this action is to reduce NOX emissions in West 
Virginia that are contributing to nonattainment of the 8 hour ozone and 
PM2.5 National Ambient Air Quality Standard (NAAQS) in 
downwind states. This action is being taken under section 110 of the 
Clean Air Act.
    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. 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will be withdrawn and all public comments received will be addressed in 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 October 15, 2007.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2007-0448 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-mail: [email protected].
    C. Mail: EPA-R03-OAR-2007-0448, Marilyn Powers, Acting Branch 
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-
2007-0448. 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 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 
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.

FOR FURTHER INFORMATION CONTACT: Marilyn Powers, (215) 814-2308, or by 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION: For further information, 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: August 30, 2007.
Donald S. Welsh,
Regional Administrator, Region III.
 [FR Doc. E7-17876 Filed 9-12-07; 8:45 am]
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