

[Federal Register: September 28, 2006 (Volume 71, Number 188)]
[Proposed Rules]               
[Page 56921]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28se06-36]                         

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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will be withdrawn and all public comments received will be addressed in 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: morris.makeba@epa.gov.
    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 powers.marilyn@epa.gov.

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]

BILLING CODE 6560-50-P
