[Federal Register Volume 71, Number 188 (Thursday, September 28, 2006)]
[Proposed Rules]
[Page 56921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15983]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2006-0728; FRL-8225-2]
Approval and Promulgation of Air Quality Implementation Plans;
WV; Emission Reductions to Meet Phase II of the Nitrogen Oxides (NOX);
SIP Call
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA proposes to convert a conditional approval in the West
Virginia State Implementation Plan (SIP) to a full approval. The SIP
revision pertains to nitrogen oxides (NOX) emission
reductions required in West Virginia to meet Phase II of the
NOX SIP Call (Phase II). In order to meet the Phase II
submission due date, the West Virginia Department of Environmental
Protection (WVDEP) adopted its Phase II requirements under its
emergency rule procedures. EPA granted conditional approval of the
emergency rule contingent upon the WVDEP adopting a permanent rule with
an effective date no later than the June 2, 2006 sunset date of its
emergency rule and submitting the permanent rule as a formal SIP
revision to EPA by July 1, 2006. West Virginia has met all the terms of
the conditional approval by adopting its permanent rule with an
effective date of May 1, 2006, and submitting the permanent rule to EPA
before July 1, 2006. In the Final Rules section of this Federal
Register, EPA is converting the conditional approval of the State's SIP
revision to a full approval 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will be withdrawn and all public comments received will be addressed in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 October 30, 2006.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2006-0728 by one of the following methods:
A. http://www.regulations.gov. Follow the online instructions for
submitting comments.
B. E-mail: [email protected].
C. Mail: EPA-R03-OAR-2006-0728, Makeba Morris, Chief, Air Quality
Planning Branch Name, 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-
2006-0728. 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, WV.
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: September 20, 2006.
Donald S. Welsh,
Regional Administrator, Region II.
[FR Doc. E6-15983 Filed 9-27-06; 8:45 am]
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