Change of Addresses for Submission of Certain Reports: Technical Correction

Federal Register: December 17, 2009 (Volume 74, Number 241)

Rules and Regulations

Page 66921-66923

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr17de09-7

ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 60, 61, and 62

FRL-9093-5

Change of Addresses for Submission of Certain Reports; Technical

Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical amendment.

SUMMARY: EPA is correcting the addresses for both the EPA Region III office and the EPA Region III states in the General Provisions section of certain EPA air pollution control regulations. These regulations require submittal of notifications, reports, and other documents to EPA

Regional Offices and States. This technical amendment updates and corrects the addresses for submitting such information to the EPA

Region III Office and the affiliated States.

DATES: Effective Date: This document is effective December 17, 2009.

FOR FURTHER INFORMATION CONTACT: Harold A. Frankford, Air Protection

Division, Mail code 3AP00, U.S. Environmental Protection Agency, Region

III, 1650 Arch Street, Philadelphia, Pennsylvania 19103; (215) 814-2108 or by e-mail at frankford.harold@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'' or

``our'' is used it means the EPA. We are correcting the address for EPA

Region III office in the General Provisions of 40 CFR parts 60, 61, and 62. We are also correcting the address for the EPA Region III states--

Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, and

West Virginia--in the General Provisions of 40 CFR parts 60 and 61.

Certain provisions of 40 CFR parts 60, 61, and 62 regulations require the submittal of notifications, reports, and other documents to the EPA regional office. This technical amendment updates and corrects the address for submitting such

Page 66922

information to the EPA Region III office and these states.

Section 553 of the Administrative Procedures Act, 5 U.S.C. 553(b)(B), provides that, when an agency for good cause finds that notice and public procedures are impracticable, unnecessary or contrary to the public interest, the agency may issue a rule without providing notice and an opportunity for public comment. We have determined that there is good cause for making today's rule final without prior proposal and opportunity for comment because we are merely correcting

EPA Region III's address, as well as those of the EPA Region III

States. Thus, notice and public procedure are unnecessary. We find that this constitutes good cause under 5 U.S.C. 553(b)(B).

Statutory and Executive Order Reviews

General Requirements

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ``significant regulatory action'' and is therefore not subject to review by the Office of Management and Budget. This rule is not subject to Executive Order 13211, ``Actions Concerning Regulations

That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866. Because the agency has made a ``good cause'' finding that this action is not subject to notice-and-comment requirements under the Administrative Procedure Act or any other statute as indicated in the Supplementary Information section above, it is not subject to the regulatory flexibility provisions of the

Regulatory Flexibility Act (5 U.S.C. 601 et seq.), or to sections 202 and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4, 109 Stat. 48 (1995)). In addition, this action does not significantly or uniquely affect small governments or impose a significant intergovernmental mandate, as described in sections 203 and 204 of UMRA. This rule also does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This rule also is not subject to Executive Order 13045 (62

FR 19885, April 23, 1997), because it is not economically significant.

This technical correction action does not involve technical standards; thus the requirements of section 12(d) of the National Technology

Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply.

The rule also does not involve special consideration of environmental justice related issues as required by Executive Order 12898 (59 FR 7629, February 16, 1994). In issuing this rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct, as required by section 3 of Executive Order 12988 (61 FR 4729,

February 7, 1996). EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 1998) by examining the takings implications of the rule in accordance with the ``Attorney General's Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued under the Executive Order. This rule does not impose an information collection burden under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Submission to Congress and the Comptroller General

The Congressional Review Act (CRA) (5 U.S.C. 801 et seq.), as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller

General of the United States. Section 808 allows the issuing agency to make a rule effective sooner than otherwise provided by the CRA if the agency makes a good cause finding that notice and public procedure is impracticable, unnecessary or contrary to the public interest. This determination must be supported by a brief statement. 5 U.S.C. 808(2).

As stated previously, EPA has made such a good cause finding, including the reasons therefore, and established an effective date of December 17, 2009. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of

Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This series of corrections to the General Provisions of 40 CFR parts 60, 61, and 62 is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Parts 60, 61, and 62

Environmental protection, Air pollution control, Reporting and recordkeeping requirements.

Dated: December 4, 2009.

James W. Newsom,

Acting Regional Administrator, Region III. 0 40 CFR parts 60, 61, and 62 are amended as follows:

PART 60--[AMENDED] 0 1. The authority citation for part 60 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart A--General Provisions 0 2. Section 60.4 is amended by: 0

1. Revising the address for Region III in paragraph (a); and 0

2. Revising paragraphs (b)(I), (b)(J), (b)(V), (b)(NN), (b)(VV), and

   (b)(XX).

   The amendments read as follows:

   Sec. 60.4 Address.

   (a) * * *

   Region III (Delaware, District of Columbia, Maryland, Pennsylvania,

   Virginia, West Virginia), Director, Air Protection Division, Mail Code 3AP00, 1650 Arch Street, Philadelphia, PA 19103-2029.

   * * * * *

   (b) * * *

   (I) State of Delaware, Department of Natural Resources &

   Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover, Delaware 19903.

   (J) District of Columbia, Department of Public Health, Air Quality

   Division, 51 N Street, NE., Washington, DC 20002.

   * * * * *

   (V) State of Maryland, Department of the Environment, 1800

   Washington Boulevard, Suite 705, Baltimore, Maryland 21230.

   * * * * *

   (NN)(i) City of Philadelphia, Department of Public Health, Air

   Management Services, 321 University Avenue, Philadelphia, Pennsylvania 19104.

   (ii) Commonwealth of Pennsylvania, Department of Environmental

   Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market

   Street, Harrisburg, Pennsylvania 17105.

   (iii) Allegheny County Health Department, Bureau of Environmental

   Quality, Division of Air Quality, 301 39th Street, Pittsburgh,

   Pennsylvania 15201.

   * * * * *

   Page 66923

   (VV) Commonwealth of Virginia, Department of Environmental Quality, 629 East Main Street, Richmond, Virginia 23219.

   * * * * *

   (XX) State of West Virginia, Department of Environmental

   Protection, Division of Air Quality, 601 57th Street, SE., Charleston,

   West Virginia 25304.

   * * * * *

   PART 61--[AMENDED] 0 3. The authority citation for part 61 continues to read as follows:

   Authority: 42 U.S.C. 7401 et seq.

   Subpart A--General Provisions 0 4. Section 61.4 is amended by: 0

1. Revising the address for Region III in paragraph (a); and 0

2. Revising paragraphs (b)(I), (b)(J), (b)(V), (b)(NN), (b)(VV), and

   (b)(XX).

   The amendments read as follows:

   Sec. 61.04 Address.

   (a) * * *

   Region III (Delaware, District of Columbia, Maryland, Pennsylvania,

   Virginia, West Virginia), Director, Air Protection Division, Mail Code 3AP00, 1650 Arch Street, Philadelphia, PA 19103-2029.

   * * * * *

   (b) * * *

   (I) State of Delaware, Department of Natural Resources &

   Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover, Delaware 19903.

   (J) District of Columbia, Department of Public Health, Air Quality

   Division, 51 N Street, NE., Washington, DC 20002.

   * * * * *

   (V) State of Maryland, Department of the Environment, 1800

   Washington Boulevard, Suite 705, Baltimore, Maryland 21230.

   * * * * *

   (NN)(i) City of Philadelphia, Department of Public Health, Air

   Management Services, 321 University Avenue, Philadelphia, Pennsylvania 19104.

   (ii) Commonwealth of Pennsylvania, Department of Environmental

   Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market

   Street, Harrisburg, Pennsylvania 17105.

   (iii) Allegheny County Health Department, Bureau of Environmental

   Quality, Division of Air Quality, 301 39th Street, Pittsburgh,

   Pennsylvania 15201.

   * * * * *

   (VV) Commonwealth of Virginia, Department of Environmental Quality, 629 East Main Street, Richmond, Virginia 23219.

   * * * * *

   (XX) State of West Virginia, Department of Environmental

   Protection, Division of Air Quality, 601 57th Street, SE., Charleston,

   West Virginia 25304.

   * * * * *

   PART 62--[AMENDED] 0 5. The authority citation for part 62 continues to read as follows:

   Authority: 42 U.S.C. 7401 et seq.

   Subpart A--General Provisions 0 6. In Sec. 62.10, the table is amended by revising the entry for

   Region III to read as follows:

   Sec. 62.10 Submission to Administrator.

   * * * * *

   Region and jurisdiction covered

   Address

   * * * * * * *

   III--Delaware, District of Columbia,

   Air Protection Division, Mail

   Maryland, Pennsylvania, Virginia, West Code 3AP00, 1650 Arch Street,

   Virginia.

   Philadelphia, PA 19103-1129.

   * * * * * * *

   FR Doc. E9-30042 Filed 12-16-09; 8:45 am

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