
[Federal Register: July 13, 2009 (Volume 74, Number 132)]
[Proposed Rules]               
[Page 33395]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jy09-17]                         


[[Page 33395]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2009-0352; FRL-8929-3]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Allegheny County, Continuous Opacity Monitor Regulation

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 Pennsylvania for the purpose 
of establishing the method to determine compliance with opacity 
requirements for coke oven combustion stacks in Allegheny County, 
allowing the use of continuous opacity monitoring systems (COMS) to 
measure visible emissions in Allegheny County, and removing a redundant 
phrase in the current approved SIP. In the Final Rules section of this 
Federal Register, EPA is approving the Commonwealth'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adverse comments, the direct final rule will be withdrawn and all 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 August 12, 2009.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2009-0352 by one of the following methods:
    A. http://www.regulations.gov. Follow the online instructions for 
submitting comments.
    B. E-mail: fernadez.cristina@epa.gov.
    C. Mail: EPA-R03-OAR-2009-0352, 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.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2009-0352. 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 Allegheny County Health 
Department, Bureau of Environmental Quality, Division of Air Quality, 
301 39th Street, Pittsburgh, Pennsylvania 15201.

FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 814-2181, or by 
e-mail at pino.maria@epa.gov.

SUPPLEMENTARY INFORMATION: For further information on this SIP 
revision, which revises the Pennsylvania SIP to establish the method to 
determine compliance with opacity requirements for coke oven combustion 
stacks and allows the use of COMS to measure visible emissions in 
Allegheny County, and removes a redundant phrase in the current 
approved SIP, 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: July 1, 2009.
William C. Early,
Acting Regional Administrator, Region III.
 [FR Doc. E9-16363 Filed 7-10-09; 8:45 am]

BILLING CODE 6560-50-P
