Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules 12489 

50017), 5–2002 (67 FR 65008), or 5–2007 (72 

FR 31160), as applicable. 

Sections 1910.7, 1910.8, and 1910.9 also 

issued under 29 CFR Part 1911. Section 

1910.7(f) also issued under 31 U.S.C. 9701, 

29 U.S.C. 9a, 5 U.S.C. 553; Pub. L. 106–113 

(113 Stat. 1501A–222); and OMB Circular A– 

25 (dated July 8, 1993) (58 FR 38142, July 15, 

1993). 

Subpart Z—Toxic and Hazardous 

Substances 

2. The authority citation for subpart Z 

of part 1910 is revised to read as 

follows: 

Authority: Secs. 4, 6, 8 of the Occupational 

Safety and Health Act of 1970 (29 U.S.C. 653, 

655, and 657); Secretary of Labor’s Order No. 

12–71 (36 FR 8754), 8–76 (41 FR 25059), 9– 

83 (48 FR 35736), 1–90 (55 FR 9033), 6–96 

(62 FR 111), 3–2000 (65 FR 50017), 5–2002 

(67 FR 65008), or 5–2007 (72 FR 31160), as 

applicable; and 29 CFR part 1911. 

All of subpart Z issued under section 6(b) 

of the Occupational Safety and Health Act of 

1970, except those substances that have 

exposure limits listed in Tables Z–1, Z–2, 

and Z–3 of 29 CFR 1910.1000. The latter 

were issued under section 6(a) (29 U.S.C. 

655(a)). 

Section 1910.1000, Tables Z–1, Z–2, and 

Z–3 also issued under 5 U.S.C. 553, but not 

under 29 CFR part 1911 except for the 

arsenic (organic compounds), benzene, 

cotton dust, and chromium (VI) listings. 

Section 1910.1001 also issued under 

section 107 of the Contract Work Hours and 

Safety Standards Act (40 U.S.C. 3704) and 5 

U.S.C. 553. 

Section 1910.1002 also issued under 5 

U.S.C. 553, but not under 29 U.S.C. 655 or 

29 CFR part 1911. 

Sections 1910.1018, 1910.1029, and 

1910.1200 also issued under 29 U.S.C. 653. 

Section 1910.1030 also issued under Pub. 

L. 106–430, 114 Stat. 1901. 

3. Section 1910.1026, paragraph 

(d)(4)(i), is revised to read as follows: 

§ 1910.1026 Chromium (VI) 

* * * * * 

(d) * * * 

(4) * * * 

(i) Within 15 work days after making 

an exposure determination in 

accordance with paragraph (d)(2) or 

paragraph (d)(3) of this section, the 

employer shall individually notify each 

affected employee in writing of the 

results of that determination or post the 

results in an appropriate location 

accessible to all affected employees. 

* * * * * 

PART 1915—OCCUPATIONAL SAFETY 

AND HEALTH STANDARDS FOR 

SHIPYARD EMPLOYMENT [AMENDED] 

Subpart A—General Provisions 

4. The authority citation for part 1915 

will continue to read as follows: 

Authority: Section 41, Longshore and 

Harbor Workers’ Compensation Act (33 

U.S.C. 941); Sections 4, 6, and 8 of the 

Occupational Safety and Health Act of 1970 

(29 U.S.C. 653, 655, 657); Secretary of Labor’s 

Order No. 12–71 (36 FR 8754), 8–76 (41 FR 

25059), 9–83 (48 FR 35736), 1–90 (55 FR 

9033), 6–96 (62 FR 111), 3–2000 (65 FR 

50017), 5–2002 (67 FR 65008), or 5–2007 (72 

FR 31160) as applicable; 29 CFR Part 1911. 

Subpart Z—Toxic and Hazardous 

Substances 

5. Section 1915.1026, paragraph 

(d)(4)(i), is revised to read as follows: 

§ 1915.1026 Chromium (VI) 

* * * * * 

(d) * * * 

(4) * * * 

(i) Within 5 work days after making 

an exposure determination in 

accordance with paragraph (d)(2) or 

paragraph (d)(3) of this section, the 

employer shall individually notify each 

affected employee in writing of the 

results of that determination or post the 

results in an appropriate location 

accessible to all affected employees. 

* * * * * 

PART 1926—SAFETY AND HEALTH 

REGULATIONS FOR 

CONSTRUCTION—[AMENDED] 

Subpart A—General 

6. The authority citation for subpart A 

of part 1926 is revised to read as 

follows: 

Authority: Section 3704 of the Contract 

Work Hours and Safety Standards Act (40 

U.S.C. 3701 et seq.); sections 4, 6, and 8 of 

the Occupational Safety and Health Act of 

1970 (29 U.S.C. 653, 655, and 657); Secretary 

of Labor’s Order No. 12–71 (36 FR 8754), 8– 

76 (41 FR 25059), 9–83 (48 FR 35736), 1–90 

(55 FR 9033), 6–96 (62 FR 111), 3–2000 (65 

FR 50017), 5–2002 (67 FR 65008), or 5–2007 

(72 FR 31160) as applicable; and 29 CFR part 

1911. 

Subpart Z—Toxic and Hazardous 

Substances 

7. The authority citation for subpart Z 

of part 1926 is revised to read as 

follows: 

Authority: Section 3704 of the Contract 

Work Hours and Safety Standards Act (40 

U.S.C. 3701 et seq.); Sections 4, 6, and 8 of 

the Occupational Safety and Health Act of 

1970 (29 U.S.C. 653, 655, 657); Secretary of 

Labor’s Orders 12–71 (36 FR 8754), 8–76 (41 

FR 25059), 9–83 (48 FR 35736), 1–90 (55 FR 

9033), 6–96 (62 FR 111), 3–2000 (62 FR 

50017), 5–2002 (67 FR 65008), or 5–2007 (72 

FR 31160) as applicable; and 29 CFR part 11. 

Section 1926.1102 of 29 CFR not issued 

under 29 U.S.C. 655 or 29 CFR part 1911; 

also issued under 5 U.S.C. 553. 

8. Section 1926.1126, paragraph 

(d)(4)(i), is revised to read as follows: 

§ 1926.1126 Chromium (VI) 

* * * * * 

(d) * * * 

(4) * * * 

(i) Within 5 work days after making 

an exposure determination in 

accordance with paragraph (d)(2) or 

paragraph (d)(3) of this section, the 

employer shall individually notify each 

affected employee in writing of the 

results of that determination or post the 

results in an appropriate location 

accessible to all affected employees. 

* * * * * 

[FR Doc. 2010–5731 Filed 3–15–10; 8:45 am] 

BILLING CODE 4510–26–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 98 

[EPA–HQ–OAR–2008–0508; FRL–9127–5] 

RIN 2060–AQ15 

Mandatory Reporting of Greenhouse 

Gases: Minor Harmonizing Changes to 

the General Provisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to amend 

the general provisions for the 

Mandatory Greenhouse Gas (GHG) 

Reporting Rule. The amendments do not 

change the requirements of the 

regulation for facilities and suppliers 

covered by the 2009 final rule. Rather, 

the amendments are minor changes to 

the format of several sections of the 

general provisions to accommodate the 

addition of new subparts in the future 

in a simple and clear manner. These 

changes include updating the language 

for the schedule for submitting reports 

and calibrating equipment to recognize 

that subparts that may be added in the 

future would have later deadlines. 

These revisions do not change the 

requirements for subparts included in 

the 2009 final rule. 

DATES: Comments. Written comments 

must be received on or before April 15, 

2010. 

Public Hearing. EPA does not plan to 

conduct a public hearing unless 

requested. To request a hearing, please 

contact the person listed in the 

preceding FOR FURTHER INFORMATION

CONTACT section by March 23, 2010. If 

requested, the public hearing will be 

conducted on March 31, 2010 at 1310 L 

St., NW., Washington, DC, 20005 


emcdonald on DSK2BSOYB1PROD with PROPOSALS-1
12490 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules 

starting at 9 a.m., local time. EPA will 

provide further information about the 

hearing on its Web page if a hearing is 

requested. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2008–0508, by mail to 

Environmental Protection Agency, EPA 

Docket Center (EPA/DC), Mailcode 

6102T, Attention Docket ID No. EPA– 

HQ–OAR–2008–0508, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460. Please include a 

total of two copies. 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: 

Carole Cook, Climate Change Division, 

Office of Atmospheric Programs (MC– 

6207J), Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone 

number: (202) 343–9263; fax number: 

(202) 343–2342; e-mail address: 

GHGReportingRule@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Why Is EPA Issuing This Proposed 

Rule? 

This document proposes to take 

action on the Mandatory Greenhouse 

Gas Reporting Rule (40 CFR part 98, 

subpart A.) We have published a direct 

final rule in the ‘‘Rules and Regulations’’ 

section of this Federal Register because 

we view this as a noncontroversial 

action and anticipate no adverse 

comment. We have explained our 

reasons for this action in the preamble 

to the direct final rule. 

If we receive no adverse comment, we 

will not take further action on this 

proposed rule. If we receive adverse 

comment, we will withdraw the direct 

final rule and it will not take effect. We 

are not accepting comment on any other 

aspect of 40 CFR Part 98 other than 

comments on the specific changes 

explained in the direct final rule. We 

would address all relevant public 

comments in any subsequent final rule 

based on this proposed rule. We are not 

requesting or entertaining comments on 

decisions made in the 2009 final rule. 

Comments received on issues resolved 

in the 2009 final rule will not be 

considered adverse comments on this 

direct final rule because they are outside 

the scope of the changes being made by 

this rule. 

We do not intend to institute a second 

comment period on this action. Any 

parties interested in commenting must 

do so at this time. For further 

information, please see the information 

provided in the ADDRESSES section of 

this document. 

II. Does This Action Apply to Me? 

Regulated Entities. The proposed 

amendments to the Mandatory 

Greenhouse Gas Reporting Rule would 

affect owners and operators of fuel and 

chemicals suppliers and direct emitters 

of GHGs who are already subject to the 

rule. Regulated categories and entities 

would include those listed in Table 1 of 

this preamble: 

TABLE 1—EXAMPLES OF AFFECTED ENTITIES BY CATEGORY

Category NAICS Examples of affected facilities 

General Stationary Fuel Combustion 

Sources.

........................ Facilities operating boilers, process heaters, incinerators, turbines, and internal 

combustion engines. 

211 Extractors of crude petroleum and natural gas. 

321 Manufacturers of lumber and wood products. 

322 Pulp and paper mills. 

325 Chemical manufacturers. 

324 Petroleum refineries, and manufacturers of coal products. 

316, 326, 339 Manufacturers of rubber and miscellaneous plastic products. 

331 Steel works, blast furnaces. 

332 Electroplating, plating, polishing, anodizing, and coloring. 

336 Manufacturers of motor vehicle parts and accessories. 

221 Electric, gas, and sanitary services. 

622 Health services. 

611 Educational services. 

Electricity Generation ................................ 221112 Fossil-fuel fired electric generating units, including units owned by Federal and municipal governments and units located in Indian Country. 

Adipic Acid Production .............................. 325199 Adipic acid manufacturing facilities. 

Aluminum Production ................................ 331312 Primary aluminum production facilities. 

Ammonia Manufacturing ........................... 325311 Anhydrous and aqueous ammonia manufacturing facilities. 

Cement Production ................................... 327310 Portland Cement manufacturing plants. 

Ferroalloy Production ................................ 331112 Ferroalloys manufacturing facilities. 

Glass Production ...................................... 327211 Flat glass manufacturing facilities. 

327213 Glass container manufacturing facilities. 

327212 Other pressed and blown glass and glassware manufacturing facilities. 

HCFC–22 Production and HFC–23 Destruction.325120 Chlorodifluoromethane manufacturing facilities. 

Hydrogen Production ................................ 325120 Hydrogen manufacturing facilities. 

Iron and Steel Production ......................... 331111 Integrated iron and steel mills, steel companies, sinter plants, blast furnaces, basic 

oxygen process furnace shops. 

Lead Production ........................................ 331419 Primary lead smelting and refining facilities. 

331492 Secondary lead smelting and refining facilities. 

Lime Production ........................................ 327410 Calcium oxide, calcium hydroxide, dolomitic hydrates manufacturing facilities. 

Nitric Acid Production ............................... 325311 Nitric acid manufacturing facilities. 

Petrochemical Production ......................... 32511 Ethylene dichloride manufacturing facilities. 

325199 Acrylonitrile, ethylene oxide, methanol manufacturing facilities. 

325110 Ethylene manufacturing facilities. 

325182 Carbon black manufacturing facilities. 

Petroleum Refineries ................................ 324110 Petroleum refineries. 

Phosphoric Acid Production ..................... 325312 Phosphoric acid manufacturing facilities. 

Pulp and Paper Manufacturing ................. 322110 Pulp mills. 


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Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules 12491 

TABLE 1—EXAMPLES OF AFFECTED ENTITIES BY CATEGORY—Continued 

Category NAICS Examples of affected facilities 

322121 Paper mills. 

322130 Paperboard mills. 

Silicon Carbide Production ....................... 327910 Silicon carbide abrasives manufacturing facilities. 

Soda Ash Manufacturing .......................... 325181 Alkalies and chlorine manufacturing facilities. 

212391 Soda ash, natural, mining and/or beneficiation. 

Titanium Dioxide Production ..................... 325188 Titanium dioxide manufacturing facilities. 

Zinc Production ......................................... 331419 Primary zinc refining facilities. 

331492 Zinc dust reclaiming facilities, recovering from scrap and/or alloying purchased metals. 

Municipal Solid Waste Landfills ................ 562212 Solid waste landfills. 

Manure Management 1 .............................. 112111 Beef cattle feedlots. 

112120 Dairy cattle and milk production facilities. 

112210 Hog and pig farms. 

112310 Chicken egg production facilities. 

112330 Turkey production. 

112320 Broilers and other meat type chicken production. 

Suppliers of Coal Based Liquids Fuels .... 211111 Coal liquefaction at mine sites. 

Suppliers of Petroleum Products .............. 324110 Petroleum refineries. 

Suppliers of Natural Gas and NGLs ......... 221210 Natural gas distribution facilities. 

211112 Natural gas liquid extraction facilities. 

Suppliers of Industrial GHGs .................... 325120 Industrial gas manufacturing facilities. 

Suppliers of Carbon Dioxide (CO2) .......... 325120 Industrial gas manufacturing facilities. 

1EPA will not be implementing subpart JJ of the Mandatory GHG Reporting Rule due to a Congressional restriction prohibiting the expenditure 

of funds for this purpose. 

Table 1 of this preamble is not 

intended to be exhaustive, but rather 

provides a guide for readers regarding 

facilities likely to be regulated by this 

action. Table 1 of this preamble lists the 

types of facilities that EPA is now aware 

could be potentially affected by this 

action. Other types of facilities not 

listed in the table could also be subject 

to reporting requirements. To determine 

whether your facility is affected by this 

action, you should carefully examine 

the applicability criteria found in 40 

CFR part 98, subpart A, and other 

subparts as necessary. If you have 

questions regarding the applicability of 

this action to a particular facility, 

consult the person listed in the 

preceding FOR FURTHER INFORMATION

CONTACT section. 

III. Statutory and Executive Order 

Reviews 

For a complete discussion of all of the 

administrative requirements applicable 

to this action, see the direct final rule in 

the Rules and Regulations section of this 

Federal Register. 

List of Subjects in 40 CFR Part 98 

Environmental protection, 

Administrative practice and procedure, 

Greenhouse gases, Suppliers, Reporting 

and recordkeeping requirements. 

Dated: March 10, 2010. 

Lisa P. Jackson, 

Administrator. 

[FR Doc. 2010–5694 Filed 3–15–10; 8:45 am] 

BILLING CODE 6560–50–P 


emcdonald on DSK2BSOYB1PROD with PROPOSALS-1