
[Federal Register: November 3, 2009 (Volume 74, Number 211)]
[Proposed Rules]               
[Page 57055]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03no09-27]                         



[[Page 57055]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2009-0435; FRL-8976-4]

 
Approval and Promulgation of Implementation Plans; Corrections to 
the Arizona and Nevada State Implementation Plans

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to delete certain statutes and rules that 
were erroneously approved by EPA under the Clean Air Act as part of the 
Arizona and Nevada state implementation plans. The statutes that are 
the subject of this proposal are from the Arizona state implementation 
plan. The rules that are the subject of this proposal were adopted by 
Pima County Health Department in Arizona and the State Environmental 
Commission, Clark County District Board of Health, and Washoe County 
District Board of Health in Nevada. The statutes and rules that EPA is 
proposing to delete relate to general declarations of policy, advisory 
committees, variances, and incidental fees and nuisance odors. EPA is 
proposing to delete these statutes and rules under section 110(k)(6) of 
the Clean Air Act. EPA is also proposing to correct certain clerical 
and typographical errors in the codification of the Pima County portion 
of the Arizona plan.

DATES: Any comments on this proposal must arrive by December 3, 2009.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2009-0435, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the online instructions.
    2. E-mail: allen.cynthia@epa.gov.
    3. Mail or deliver: Cynthia Allen (AIR-4), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 
94105-3901.
    Instructions: All comments 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 Confidential Business Information (CBI) or 
other information whose disclosure is restricted by statute. 
Information that you consider CBI or otherwise protected should be 
clearly identified as such and should not be submitted through http://
www.regulations.gov or e-mail. The http://www.regulations.gov portal is 
an ``anonymous access'' system, and EPA will not know your identity or 
contact information unless you provide it in the body of your comment. 
If you send e-mail directly to EPA, your e-mail address will be 
automatically captured and included as part of the public comment. 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.
    Docket: The index to the docket for this action is available 
electronically at http://www.regulations.gov and in hard copy at EPA 
Region IX, 75 Hawthorne Street, San Francisco, California. While all 
documents in the docket are listed in the index, some information may 
be publicly available only at the hard copy location (e.g., copyrighted 
material), and some may not be publicly available in either location 
(e.g., CBI). To inspect the hard copy materials, please schedule an 
appointment during normal business hours with the contact listed in the 
FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Cynthia Allen, Rules Office (AIR-4), 
U.S. Environmental Protection Agency, Region IX, (415) 947-4120, 
allen.cynthia@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to EPA. This proposal addresses a number of statutes and 
rules that EPA has determined were previously approved in error into 
the Arizona and Nevada state implementation plans (SIPs). EPA is 
proposing to delete these statutes and rules from the respective SIPs 
under section 110(k)(6) of the Clean Air Act, which provides EPA 
authority to remove these statutes and rules without additional State 
submission.
    In the Rules and Regulations section of this Federal Register, we 
are deleting these statutes and rules, and making the necessary 
corrections to the codification of the Pima County portion of the 
Arizona state implementation plan, in a direct final action without 
prior proposal because we believe the deletion of them is not 
controversial. Please see the direct final action for a list of the 
specific statutes and rules that are the subject of this action. If we 
receive adverse comments, however, we will publish a timely withdrawal 
of the direct final rule and address the comments in a subsequent 
action based on this proposed rule. Please note that if we receive 
adverse comment on an amendment, paragraph, or section of this rule and 
if that provision may be severed from the remainder of the rule, we may 
adopt as final those provisions of the rule that are not the subject of 
an adverse comment.
    We do not plan to open a second comment period, so anyone 
interested in commenting should do so at this time. If we do not 
receive adverse comments, no further activity is planned. For further 
information, please see the direct final action.

    Dated: October 19, 2009.
Nancy Lindsay,
Acting Regional Administrator, Region IX.
[FR Doc. E9-26332 Filed 11-2-09; 8:45 am]

BILLING CODE 6560-50-P
