[Federal Register Volume 74, Number 165 (Thursday, August 27, 2009)]
[Proposed Rules]
[Pages 43653-43654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20735]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2009-0547; FRL-8950-4]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia; Determination of Clean Data for the 1997 Fine 
Particulate Matter Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; correction.

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SUMMARY: This document corrects an omission in the preamble language of 
the notice of proposed rulemaking (NPR) to determine that the West 
Virginia portions of three nonattainment areas for the 1997 fine 
particulate (PM2.5) National Ambient Air Quality Standard 
(NAAQS) have clean data for the 1997 PM2.5 NAAQS.

DATES: Written comments must be received on or before August 31, 2009.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2009-0547 by one of the following methods:
    A. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    B. E-mail: [email protected].
    C. Mail: EPA-R03-OAR-2009-0547, 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.

[[Page 43654]]

    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2009-0547. 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.

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

SUPPLEMENTARY INFORMATION: On July 31, 2009 (74 FR 38154), EPA 
published an NPR to determine that the West Virginia portions of three 
nonattainment areas have clean data for the 1997 PM2.5 
NAAQS. In the preamble of this document, EPA inadvertently omitted a 
partial county that is part of the West Virginia portion of the 
Parkersburg-Marietta WV-OH nonattainment area. This action corrects the 
omission of the Grant Tax District in Pleasants County as part of the 
West Virginia portion of the nonattainment area.

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 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 correction to the proposed determination that the 
West Virginia portions of the Hagerstown-Martinsburg, Parkersburg-
Marietta, and Wheeling nonattainment areas have clean data for the 1997 
PM2.5 standard 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.

Correction

    In rule document E9-18393, on page 38154, in the issue of July 31, 
2009, the second sentence of the Summary is corrected to read: ``These 
are Berkeley County, part of the Hagerstown-Martinsburg MD-WV 
nonattainment area; Wood County and the Grant Tax District in Pleasants 
County, part of the Parkersburg-Marietta WV-OH nonattainment area; and 
Marshall County and Ohio County, part of the Wheeling WV-OH 
nonattainment area, hereinafter referred to in this notice as the West 
Virginia portions of the Hagerstown-Martinsburg, Parkersburg-Marietta, 
and Wheeling PM2.5 nonattainment areas.''
    Also, on page 38156, the last sentence of Section III is corrected 
to read: ``The Hagerstown-Martinsburg nonattainment area (Berkeley 
County, WV and Washington County, MD), the Parkersburg-Marietta 
nonattainment area (Wood County, WV, the Grant Tax District in 
Pleasants County, WV, and Washington County, OH), and the Wheeling 
nonattainment area (Marshall County, WV, Ohio County, WV, and Belmont 
County, OH) were designated nonattainment for the 1997 PM2.5 
NAAQS (see 40 CFR part 81).''

    Dated: August 19, 2009.
William C. Early,
Acting Regional Administrator, Region III.
[FR Doc. E9-20735 Filed 8-26-09; 8:45 am]
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