Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Proposed Rules 45795 

Department, following a review of all of 

the facts in a statement of reasonable 

cause alleged in support of 

nonassessment or a complete or partial 

waiver of the penalty, shall notify the 

plan sponsor, in writing, of its 

determination on the statement of 

reasonable cause and its determination 

whether to waive the penalty in whole 

or in part, and/or assess a penalty. If it 

is the determination of the Department 

to assess a penalty, the notice shall 

indicate the amount of the penalty 

assessment, not to exceed the amount 

described in paragraph (c) of this 

section. This notice is a ‘‘pleading’’ for 

purposes of § 2570.131(m) of this 

chapter. 

(2) Except as provided in paragraph 

(h) of this section, a notice issued 

pursuant to paragraph (g)(1) of this 

section, indicating the Department’s 

determination to assess a penalty, shall 

become a final order, within the 

meaning of § 2570.131(g) of this chapter, 

forty-five (45) days from the date of 

service of the notice. 

(h) Administrative hearing. A notice 

issued pursuant to paragraph (g) of this 

section will not become a final order, 

within the meaning of § 2570.131(g) of 

this chapter, if, within thirty (30) days 

from the date of the service of the 

notice, the plan sponsor or a 

representative thereof files a request for 

a hearing under §§ 2570.130 through 

2570.141 of this chapter, and files an 

answer to the notice. The request for 

hearing and answer must be filed in 

accordance with § 2570.132 of this 

chapter and § 18.4 of this title. The 

answer opposing the proposed sanction 

shall be in writing, and supported by 

reference to specific circumstances or 

facts surrounding the notice of 

determination issued pursuant to 

paragraph (g) of this section. 

(i) Service of notices and filing of 

statements. (1) Service of a notice for 

purposes of paragraphs (c) and (g) of 

this section shall be made: 

(i) By delivering a copy to the plan 

sponsor or representative thereof; 

(ii) By leaving a copy at the principal 

office, place of business, or residence of 

the plan sponsor or representative 

thereof; or 

(iii) By mailing a copy to the last 

known address of the plan sponsor or 

representative thereof. 

(2) If service is accomplished by 

certified mail, service is complete upon 

mailing. If service is by regular mail, 

service is complete upon receipt by the 

addressee. When service of a notice 

under paragraph (c) or (g) of this section 

is by certified mail, five days shall be 

added to the time allowed by these rules 

for the filing of a statement or a request 

for hearing and answer, as applicable. 

(3) For purposes of this section, a 

statement of reasonable cause shall be 

considered filed: 

(i) Upon mailing, if accomplished 

using United States Postal Service 

certified mail or express mail; 

(ii) Upon receipt by the delivery 

service, if accomplished using a 

‘‘designated private delivery service’’ 

within the meaning of 26 U.S.C. 7502(f); 

(iii) Upon transmittal, if transmitted 

in a manner specified in the notice of 

intent to assess a penalty as a method 

of transmittal to be accorded such 

special treatment; or 

(iv) In the case of any other method 

of filing, upon receipt by the 

Department at the address provided in 

the notice of intent to assess a penalty. 

(j) Liability. (1) If more than one 

person is responsible as plan sponsor 

for violations referred to in paragraph 

(a) of this section, all such persons shall 

be jointly and severally liable for such 

violations. 

(2) Any person, or persons under 

paragraph (j)(1) of this section, against 

whom a civil penalty has been assessed 

under section 502(c)(8) of the Act, 

pursuant to a final order within the 

meaning of § 2570.131(g) of this chapter, 

shall be personally liable for the 

payment of such penalty. 

(k) Cross-references. (1) The 

procedural rules in §§ 2570.130 through 

2570.141 of this chapter apply to 

administrative hearings under section 

502(c)(8) of the Act. 

(2) When applying procedural rules in 

§§ 2570.130 through 2570.140: 

(i) Wherever the term ‘‘502(c)(7)’’ 

appears, such term shall mean 

‘‘502(c)(8)’’; 

(ii) Reference to § 2560.502c–7(g) in 

2570.131(c) shall be construed as 

reference to § 2560.502c–8(g) of this 

chapter; 

(iii) Reference to § 2560.502c–7(e) in 

§ 2570.131(g) shall be construed as 

reference to § 2560.502c–8(e) of this 

chapter; 

(iv) Reference to § 2560.502c–7(g) in 

§ 2570.131(m) shall be construed as 

reference to § 2560.502c–8(g); and 

(v) Reference to §§ 2560.502c–7(g) and 

2560.502c–7(h) in § 2570.134 shall be 

construed as reference to §§ 2560.502c– 

8(g) and 2560.502c–8(h), respectively. 

Signed at Washington, DC, this 28th day of 

August 2009. 

Phyllis C. Borzi, 

Assistant Secretary, Employee Benefits 

Security Administration, Department of 

Labor. 

[FR Doc. E9–21343 Filed 9–3–09; 8:45 am] 

BILLING CODE 4510–29–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2009–0520; FRL–8953–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Opacity Variance for Rocket Testing 

Operations Atlantic Research 

Corporation’s Orange County Facility 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to approve the 

State Implementation Plan (SIP) 

revision submitted by the 

Commonwealth of Virginia for the 

purpose of adding 9 VAC 5 Chapter 220, 

‘‘Variance for Rocket Motor Test 

Operations at Atlantic Research 

Corporation Orange County Facility’’ 

which includes an opacity variance for 

the rocket motor test operations at 

Aerojet Corporation’s Orange County 

Facility, in lieu of opacity limits 

established in the Virginia SIP. In the 

Final Rules section of this Federal 

Register, EPA is approving the State’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 more detailed description 

of the Commonwealth’s submittal and 

EPA’s evaluation are included in a 

Technical Support Document (TSD) 

prepared in support of this rulemaking 

action. A copy of the TSD is available, 

upon request, from the EPA Regional 

Office listed in the ADDRESSES section of 

this document. 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 October 5, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2009–0520 by one of the 

following methods: 

A. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

B. E-mail: 

fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2009–0520, 

Cristina Fernandez, Chief, Air Quality 

Planning Branch, Mailcode 3AP21, U.S. 


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45796 Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Proposed Rules 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted 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– 

0520. 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 Virginia Department of 

Environmental Quality, 629 East Main 

Street, Richmond, Virginia, 23219. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Becoat, (215) 814–2036, or by 

e-mail at becoat.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

further information, please see the 

information provided in the direct final 

action, with the same title: ‘‘Virginia; 

Opacity Variance for Rocket Testing 

Operations Atlantic Research 

Corporation’s Orange County Facility,’’ 

which 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: August 26, 2009. 

James W. Newsom, 

Acting Regional Administrator, Region III. 

[FR Doc. E9–21398 Filed 9–3–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 239 and 258 

[EPA–R07–RCRA–2009–0646; FRL–8953–4] 

Adequacy of Kansas Municipal Solid 

Waste Landfill Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA proposes to approve 

Kansas’ Research, Development and 

Demonstration (RD&D) permit program 

and updates to the approved Municipal 

Solid Waste Landfill Permit (MSWLP) 

program. On March 22, 2004, the EPA 

issued final regulations allowing RD&D 

permits to be issued to certain 

municipal solid waste landfills by 

approved states. On December 11, 2008, 

Kansas submitted an application to the 

EPA seeking Federal approval of its 

RD&D requirements and to update 

Federal approval of its MSWLP 

program. 

DATES: Comments on this proposed 

action must be received in writing by 

October 5, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

RCRA–2009–0646 by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: cruise.nicole@epa.gov. 

3. Mail: Send written comments to 

Nicole Cruise, EPA Region 7, Solid 

Waste/Pollution Prevention Branch, 901 

North 5th Street, Kansas City, Kansas 

66101. 

4. Hand Delivery or Courier. Deliver 

your comments to Nicole Cruise, EPA 

Region 7, Solid Waste/Pollution 

Prevention Branch, 901 North 5th 

Street, Kansas City, Kansas 66101. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8 to 4:30, excluding legal 

holidays. 

Please see the direct final rule which 

is located in the Rules section of this 

Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Nicole Cruise at (913) 551–7641, or by 

e-mail at cruise.nicole@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

final rules section of the Federal 

Register, EPA is approving Kansas’ 

Research, Development and 

Demonstration permit program and 

updates to the approved Municipal 

Solid Waste Landfill Permit (MSWLP) 

program as a direct final rule without 

prior proposal because the Agency 

views this as a noncontroversial action 

and anticipates no relevant adverse 

comments to this action. 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: August 27, 2009. 

William W. Rice, 

Acting Regional Administrator, Region 7. 

[FR Doc. E9–21401 Filed 9–3–09; 8:45 am] 

BILLING CODE 6560–50–P 


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