Approval and Promulgation of Implementation Plans; State of Missouri, 68758-68759 [E9-30773]

Download as PDF cprice-sewell on DSK2BSOYB1PROD with PROPOSALS-1 68758 Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 / Proposed Rules Although the ALJ presiding over the hearing makes no decision or recommendation on the merits of the proposal, the ALJ has the responsibility and authority necessary to ensure that the hearing progresses at a reasonable pace and in an orderly manner. To ensure that interested persons receive a full and fair hearing, the ALJ has the power to regulate the course of the proceedings; dispose of procedural requests, objections, and comparable matters; confine presentations to matters pertinent to the issues the proposed rule raises; use appropriate means to regulate the conduct of persons present at the hearing; question witnesses and permit others to do so; limit the time for such questioning; and leave the record open for a reasonable time after the hearing for the submission of additional data, evidence, comments and arguments (29 CFR 1911.16). At the close of the hearing the ALJ will establish a post-hearing comment period for interested persons who filed a timely notice of intention to appear at the hearing. During the first part of the post-hearing period, those persons may submit additional data and information to OSHA. During the second part they may submit final briefs, arguments, and summations. Notice of intention to appear at the hearing. Interested persons who intend to participate in and provide oral testimony or documentary evidence at the hearing must file a written notice of intention to appear prior to the hearing. To testify or question witnesses at one of the hearing locations, interested persons must submit (transmit, send, postmark, deliver) their notice by January 18, 2010. The notice must provide the following information: • Name, address, e-mail address, and telephone number of each individual who will give oral testimony; • Name of the establishment or organization each individual represents, if any; • Occupational title and position of each individual testifying; • Hearing location at which each individual wishes to appear and testify and/or question witnesses; • Approximate amount of time required for each individual’s testimony; • A brief statement of the position each individual will take with respect to the issues raised by the proposed rule; and • A brief summary of documentary evidence each individual intends to present. Participants who need projectors and other special equipment for their testimony must contact Ms. Veneta VerDate Nov<24>2008 15:17 Dec 28, 2009 Jkt 220001 Chatmon at OSHA’s Office of Communications, telephone (202) 693– 1999, no later than a week before the hearing begins. OSHA emphasizes that the hearings are open to the public; however, only individuals who file a notice of intention to appear may question witnesses and participate fully at the hearing. If time permits, and at the discretion of the ALJ, an individual who did not file a notice of intention to appear may be allowed to testify at the hearing, but for no more than 10 minutes. Hearing testimony and documentary evidence. Individuals who request more than 10 minutes to present their oral testimony at the hearing or who will submit documentary evidence at the hearing must submit (transmit, send, postmark, deliver) the full text of their testimony and all documentary evidence no later than February 1, 2010. The Agency will review each submission and determine if the information it contains warrants the amount of time the individual requested for the presentation. If OSHA believes the requested time is excessive, the Agency will allocate an appropriate amount of time for the presentation. The Agency also may limit to 10 minutes the presentation of any participant who fails to comply substantially with these procedural requirements, and may request that the participant return for questioning at a later time. Before the hearing, OSHA will notify participants of the time the Agency will allow for their presentation and, if less than requested, the reasons for its decision. In addition, before the hearing OSHA will provide the pre-hearing guidelines and hearing schedule to each participant. Certification of the hearing record and Agency final determination. Following the close of the hearing and the posthearing comment periods, the ALJ will certify the record to the Assistant Secretary of Labor for Occupational Safety and Health. The record will consist of all of the written comments, oral testimony and documentary evidence received during the proceeding. The ALJ, however, will not make or recommend any decisions as to the content of the final standard. Following certification of the record, OSHA will review all the evidence received into the record and will issue the final rule based on the record as a whole. Authority and Signature David Michaels, Assistant Secretary of Labor for Occupational Safety and Health, directed the preparation of this PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 notice under the authority granted by section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)), Secretary of Labor’s Order 5– 2007 (72 FR 31160), and 29 CFR part 1911. Signed at Washington, DC, on this 18th day of December 2009. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. E9–30713 Filed 12–28–09; 8:45 am] BILLING CODE 4510–26–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R07–OAR–2008–0787; FRL–9096–3] Approval and Promulgation of Implementation Plans; State of Missouri AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA proposes to approve a revision to the State Implementation Plan (SIP) submitted by the state of Missouri. This revision applies to Missouri’s rule relating to restriction of emission of visible air contaminants and removes redundant definitions, removes an outdated exemption for incinerators used to burn refuse in the outstate area of Missouri, and clarifies that the test methods stated in the rule shall be used to determine the opacity of visible emissions. EPA is not taking action on the state submitted revisions relating to open burning, as these provisions revise a rule that has not been adopted into the SIP. This revision will ensure consistency between the state and the federally-approved rules. DATES: Comments on this proposed action must be received in writing by January 28, 2010. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R07– OAR–2008–0787, by mail to Lachala Kemp, Environmental Protection Agency, Air Planning and Development Branch, 901 North 5th Street, Kansas City, Kansas 66101. Comments may also be submitted electronically or through hand delivery/courier by following the detailed instructions in the ADDRESSES section of the direct final rule located in the rules section of this Federal Register. FOR FURTHER INFORMATION CONTACT: Lachala Kemp at (913) 551–7214, or by e-mail at kemp.lachala@epa.gov. E:\FR\FM\29DEP1.SGM 29DEP1 Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 / Proposed Rules In the final rules section of the Federal Register, EPA is approving the state’s SIP revision with the exception of the reference in section (1)(I), to the open burning rule in 10 CSR 10–6.045, as a direct final rule without prior proposal because the Agency views this is a noncontroversial revision amendment and anticipates no relevant adverse comments to this action. A detailed rationale for the approval is set forth in the direct final rule. If no relevant adverse comments are received in response to this action, no further activity is contemplated in relation to this action. If EPA receives relevant 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 action. EPA will not institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on part of this rule and if that part can be severed from the remainder of the rule, EPA may adopt as final those parts of the rule that are not the subject of an adverse comment. For additional information, see the direct final rule which is located in the rules section of this Federal Register. SUPPLEMENTARY INFORMATION: Dated: December 15, 2009. William Rice, Acting Regional Administrator, Region 7. [FR Doc. E9–30773 Filed 12–28–09; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2009–0754; FRL–9096–2] Revisions to the California State Implementation Plan, South Coast Air Quality Management District and Ventura County Air Pollution Control District AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing a limited approval and limited disapproval of revisions to the South Coast Air Quality Management District (SCAQMD) and Ventura County Air Pollution Control District (VCAPCD) portions of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from coatings operations associated with the coating of motor vehicles and mobile equipment. We are proposing action on local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action. DATES: Any comments must arrive by January 28, 2010. ADDRESSES: Submit comments, identified by docket number [EPA–R09– OAR–2009–0754], by one of the following methods: 1. Federal eRulemaking Portal: http://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 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. http:// 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. 68759 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: Nicole Law, EPA Region IX, (415) 947– 4126, law.nicole@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to EPA. Table of Contents I. The State’s Submittal A. What Rules Did the State Submit? B. Are There Other Versions of These Rules? C. What Is the Purpose of the Rule Revisions? II. EPA’s Evaluation and Action A. How Is EPA Evaluating the Rules? B. Do the Rules Meet the Evaluation Criteria? C. What Are the Rule Deficiencies? D. EPA Recommendations To Further Improve the Rules E. Proposed Action and Public Comment III. Statutory and Executive Order Reviews I. The State’s Submittal A. What Rules Did the State Submit? Table 1 lists the rules addressed by this proposal with the dates that they were adopted by the local air agency and submitted by the California Air Resources Board. TABLE 1—SUBMITTED RULES cprice-sewell on DSK2BSOYB1PROD with PROPOSALS-1 Local agency SCAQMD .............. VCAPCD ............... Rule # Rule title 1151 74.18 Motor Vehicle and Mobile Equipment Non-Assembly Line Coating Operations Motor Vehicle and Mobile Equipment Coating Operations ................................. On April 20, 2009, the submittal for VCAPCD Rule 74.18 was found to meet the completeness criteria in 40 CFR Part 51, Appendix V, which must be met VerDate Nov<24>2008 15:17 Dec 28, 2009 Adopted Jkt 220001 before formal EPA review. On May 13, 2009, the submittal for SCAQMD Rule 1151 was found to meet the completeness criteria. PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 12/02/05 11/11/08 Submitted 04/06/09 03/17/09 B. Are There Other Versions of These Rules? We approved an earlier version of Rule 74.18 into the SIP on April 19, E:\FR\FM\29DEP1.SGM 29DEP1

Agencies

[Federal Register Volume 74, Number 248 (Tuesday, December 29, 2009)]
[Proposed Rules]
[Pages 68758-68759]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30773]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2008-0787; FRL-9096-3]


Approval and Promulgation of Implementation Plans; State of 
Missouri

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA proposes to approve a revision to the State Implementation 
Plan (SIP) submitted by the state of Missouri. This revision applies to 
Missouri's rule relating to restriction of emission of visible air 
contaminants and removes redundant definitions, removes an outdated 
exemption for incinerators used to burn refuse in the outstate area of 
Missouri, and clarifies that the test methods stated in the rule shall 
be used to determine the opacity of visible emissions. EPA is not 
taking action on the state submitted revisions relating to open 
burning, as these provisions revise a rule that has not been adopted 
into the SIP. This revision will ensure consistency between the state 
and the federally-approved rules.

DATES: Comments on this proposed action must be received in writing by 
January 28, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2008-0787, by mail to Lachala Kemp, Environmental Protection 
Agency, Air Planning and Development Branch, 901 North 5th Street, 
Kansas City, Kansas 66101. Comments may also be submitted 
electronically or through hand delivery/courier by following the 
detailed instructions in the ADDRESSES section of the direct final rule 
located in the rules section of this Federal Register.

FOR FURTHER INFORMATION CONTACT: Lachala Kemp at (913) 551-7214, or by 
e-mail at kemp.lachala@epa.gov.

[[Page 68759]]


SUPPLEMENTARY INFORMATION: In the final rules section of the Federal 
Register, EPA is approving the state's SIP revision with the exception 
of the reference in section (1)(I), to the open burning rule in 10 CSR 
10-6.045, as a direct final rule without prior proposal because the 
Agency views this is a noncontroversial revision amendment and 
anticipates no relevant adverse comments to this action. A detailed 
rationale for the approval is set forth in the direct final rule. If no 
relevant adverse comments are received in response to this action, no 
further activity is contemplated in relation to this action. If EPA 
receives relevant 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 action. EPA will not 
institute a second comment period on this action. Any parties 
interested in commenting on this action should do so at this time. 
Please note that if EPA receives adverse comment on part of this rule 
and if that part can be severed from the remainder of the rule, EPA may 
adopt as final those parts of the rule that are not the subject of an 
adverse comment. For additional information, see the direct final rule 
which is located in the rules section of this Federal Register.

    Dated: December 15, 2009.
William Rice,
Acting Regional Administrator, Region 7.
[FR Doc. E9-30773 Filed 12-28-09; 8:45 am]
BILLING CODE 6560-50-P