Revisions to the California State Implementation Plan, South Coast Air Quality Management District, 67844-67845 [E9-30151]

Download as PDF 67844 Federal Register / Vol. 74, No. 243 / Monday, December 21, 2009 / Proposed Rules in their place the words ‘‘a class agent may appeal an agency’s final action or an agency may appeal an administrative judge’s decision on a class complaint.’’ 10. Add a new sentence to § 1614.402(a) before the last sentence to read as follows: § 1614.402 Time for appeals to the Commission. (a) * * * Appeals described in § 1614.401(d) must be filed within 30 days of receipt of the final decision of the agency, the arbitrator or the Federal Labor Relations Authority. * * * * * * * * 11. In § 1614.403, revise the first sentence of paragraph (a), revise the first sentence of paragraph (f) and add a new paragraph (g) to read as follows: § 1614.403 erowe on DSK5CLS3C1PROD with PROPOSALS-1 Decisions on appeals. (a) * * * The Commission shall dismiss appeals in accordance with §§ 1614.107, 1614.403(c) and 1614.409. * * * (b) The Office of Federal Operations, on behalf of the Commission, shall issue decisions on appeals of decisions to accept or dismiss a class complaint issued pursuant to § 1614.204(d)(7) within 90 days of receipt of the appeal. (c) A decision issued under paragraph (a) of this section is final within the VerDate Nov<24>2008 13:23 Dec 18, 2009 § 1614.409 Effect of filing a civil action. Filing a civil action under §§ 1614.407 or 1614.408 shall terminate Commission processing of the appeal. * * * § 1614.502 [Amended] 14. Revise the last sentence of § 1614.502(c) to remove the words ‘‘60 days’’ and in their place add the words ‘‘120 days.’’ 15. Revise the second sentence of § 1614.504(c) to read as follows: § 1614.504 Compliance with settlement agreements and final action. * How to appeal. (a) The complainant, agency, agent, grievant or individual class claimant (hereinafter appellant) must file an appeal with the Director, Office of Federal Operations, Equal Employment Opportunity Commission, at P.O. Box 77960, Washington, DC 20013, or electronically, or by personal delivery or facsimile. * * * * * * * * (f) Any statement or brief in opposition to an appeal must be submitted to the Commission and served on the opposing party within 35 days of service of the statement or brief supporting the appeal, or, if no statement or brief supporting the appeal is filed, within 60 days of receipt of the appeal. * * * (g) Agencies are required to submit all appeals, complaint files, and other appellate filings to EEOC electronically, except in exigent circumstances. Appellants are encouraged, but not required, to submit appeals and supporting documentation electronically. 12. Amend § 1614.405 to revise the second sentence of paragraph (a), redesignate paragraph (b) as paragraph (c), add a new paragraph (b) and revise the first sentence of redesignated paragraph (c) to read as follows: § 1614.405 meaning of § 1614.407 unless a timely request for reconsideration is filed by a party to the case. * * * 13. Revise the first sentence of § 1614.409 to read as follows: Jkt 220001 * * * * (c) * * * If the Commission determines that the agency is not in compliance with a decision or settlement agreement, and the noncompliance is not attributable to acts or conduct of the complainant, it may order such compliance with the decision or settlement agreement, or, alternatively, for a settlement agreement, it may order that the complaint be reinstated for further processing from the point processing ceased. * * * [FR Doc. E9–30162 Filed 12–18–09; 8:45 am] BILLING CODE 6570–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2009–0818; FRL–9087–4] Revisions to the California State Implementation Plan, South Coast Air Quality Management District AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing to approve revisions to the South Coast Air Quality Management District portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from the application of adhesives and sealants, cleaning and degassing of storage tanks and pipelines, and coating operations of metal containers, closures, and coils. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act). DATES: Any comments on this proposal must arrive by January 20, 2010. PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 ADDRESSES: Submit comments, identified by docket number [EPA–R09– OAR–2009–0818], by one of the following methods: 1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-line instructions. 2. E-mail: steckel.andrew@epa.gov. 3. Mail or deliver: Andrew Steckel (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 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 www.regulations.gov or e-mail. www.regulations.gov 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. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: The index to the docket for this action is available electronically at 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: Nicole Law, EPA Region IX, (415) 947– 4126, law.nicole@epa.gov. SUPPLEMENTARY INFORMATION: This proposal addresses the following local rules: SCAQMD Rule 1125, SCAQMD Rule 1149, and SCAQMD Rule 1168. In the Rules and Regulations section of this Federal Register, we are approving these local rules in a direct final action without prior proposal because we believe these SIP revisions are not E:\FR\FM\21DEP1.SGM 21DEP1 Federal Register / Vol. 74, No. 243 / Monday, December 21, 2009 / Proposed Rules controversial. If we receive adverse comments, however, we will publish a timely withdrawal of the direct final rule and address the comments in 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 23, 2009. Jane Diamond, Acting Regional Administrator, Region IX. [FR Doc. E9–30151 Filed 12–18–09; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 55 [OAR–2004–0091; FRL–9093–9] Outer Continental Shelf Air Regulations Consistency Update for California erowe on DSK5CLS3C1PROD with PROPOSALS-1 AGENCY: Environmental Protection Agency (‘‘EPA’’). ACTION: Proposed rule. SUMMARY: EPA is proposing to update a portion of the Outer Continental Shelf (‘‘OCS’’) Air Regulations. Requirements applying to OCS sources located within 25 miles of States’ seaward boundaries must be updated periodically to remain consistent with the requirements of the corresponding onshore area (‘‘COA’’), as mandated by section 328(a)(1) of the Clean Air Act, as amended in 1990 (‘‘the Act’’). The portion of the OCS air regulations that is being updated pertains to the requirements for OCS sources for which the South Coast Air Quality Management District (‘‘South Coast AQMD’’ or ‘‘District’’) is the designated COA. The intended effect of approving the OCS requirements for the South Coast AQMD is to regulate emissions from OCS sources in accordance with the requirements onshore. The changes to the existing requirements discussed below are proposed to be incorporated by reference into the Code of Federal Regulations and listed in the appendix to the OCS air regulations. VerDate Nov<24>2008 13:23 Dec 18, 2009 Jkt 220001 DATES: Any comments must arrive by January 20, 2010. ADDRESSES: Submit comments, identified by docket number OAR– 2004–0091, by one of the following methods: 1. Federal eRulemaking Portal: https://www.regulations.gov. Follow the on-line instructions. 2. E-mail: steckel.andrew@epa.gov. 3. Mail or deliver: Andrew Steckel (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 https://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 https://www.regulations.gov or e-mail. https://www.regulations.gov 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 email 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. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: The index to the docket for this action is available electronically at https://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 G. Allen, Air Division (Air-4), U.S. EPA Region 9, 75 Hawthorne Street, San Francisco, CA 94105, (415) 947–4120, allen.cynthia@epa.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. Background and Purpose II. EPA’s Evaluation PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 67845 III. Proposed Action IV. Statutory and Executive Order Reviews I. Background and Purpose On September 4, 1992, EPA promulgated 40 CFR part 55,1 which established requirements to control air pollution from OCS sources in order to attain and maintain Federal and State ambient air quality standards and to comply with the provisions of part C of title I of the Act. Part 55 applies to all OCS sources offshore of the States except those located in the Gulf of Mexico west of 87.5 degrees longitude. Section 328 of the Act requires that for such sources located within 25 miles of a State’s seaward boundary, the requirements shall be the same as would be applicable if the sources were located in the COA. Because the OCS requirements are based on onshore requirements, and onshore requirements may change, section 328(a)(1) requires that EPA update the OCS requirements as necessary to maintain consistency with onshore requirements. Pursuant to section 55.12 of the OCS rule, consistency reviews will occur (1) At least annually; (2) upon receipt of a Notice of Intent under section 55.4; or (3) when a State or local agency submits a rule to EPA to be considered for incorporation by reference in part 55. This proposed action is being taken in response to the submittal of requirements by the South Coast AQMD. Public comments received in writing within 30 days of publication of this document will be considered by EPA before publishing a final rule. Section 328(a) of the Act requires that EPA establish requirements to control air pollution from OCS sources located within 25 miles of States’ seaward boundaries that are the same as onshore requirements. To comply with this statutory mandate, EPA must incorporate applicable onshore rules into part 55 as they exist onshore. This limits EPA’s flexibility in deciding which requirements will be incorporated into part 55 and prevents EPA from making substantive changes to the requirements it incorporates. As a result, EPA may be incorporating rules into part 55 that do not conform to all of EPA’s State implementation plan (SIP) guidance or certain requirements of the Act. Consistency updates may result in the inclusion of State or local rules or regulations into part 55, even though the same rules may ultimately be disapproved for inclusion as part of the 1 See Notice of Proposed Rulemaking, December 5, 1991 (56 FR 63774), and the preamble to the final rule promulgated September 4, 1992 (57 FR 40792) for further background and information on the OCS regulations. E:\FR\FM\21DEP1.SGM 21DEP1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 74, Number 243 (Monday, December 21, 2009)]
[Proposed Rules]
[Pages 67844-67845]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30151]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2009-0818; FRL-9087-4]


Revisions to the California State Implementation Plan, South 
Coast Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing to approve revisions to the South Coast Air 
Quality Management District portion of the California State 
Implementation Plan (SIP). These revisions concern volatile organic 
compound (VOC) emissions from the application of adhesives and 
sealants, cleaning and degassing of storage tanks and pipelines, and 
coating operations of metal containers, closures, and coils. We are 
proposing to approve local rules to regulate these emission sources 
under the Clean Air Act as amended in 1990 (CAA or the Act).

DATES: Any comments on this proposal must arrive by January 20, 2010.

ADDRESSES: Submit comments, identified by docket number [EPA-R09-OAR-
2009-0818], by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. E-mail: steckel.andrew@epa.gov.
    3. Mail or deliver: Andrew Steckel (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 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 www.regulations.gov or e-mail. 
www.regulations.gov 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. Electronic files should avoid the use of 
special characters, any form of encryption, and be free of any defects 
or viruses.
    Docket: The index to the docket for this action is available 
electronically at 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: Nicole Law, EPA Region IX, (415) 947-
4126, law.nicole@epa.gov.

SUPPLEMENTARY INFORMATION: This proposal addresses the following local 
rules: SCAQMD Rule 1125, SCAQMD Rule 1149, and SCAQMD Rule 1168. In the 
Rules and Regulations section of this Federal Register, we are 
approving these local rules in a direct final action without prior 
proposal because we believe these SIP revisions are not

[[Page 67845]]

controversial. If we receive adverse comments, however, we will publish 
a timely withdrawal of the direct final rule and address the comments 
in 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 23, 2009.
Jane Diamond,
Acting Regional Administrator, Region IX.
[FR Doc. E9-30151 Filed 12-18-09; 8:45 am]
BILLING CODE 6560-50-P

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