[Federal Register Volume 74, Number 206 (Tuesday, October 27, 2009)]
[Rules and Regulations]
[Pages 55142-55145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25728]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52, 60 and 61

[FRL-8973-6]


Change of Address for Region 4 State and Local Agencies; 
Technical Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical amendment.

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SUMMARY: EPA is correcting the addresses for EPA Region 4 State and 
local agencies in EPA regulations. The jurisdiction of EPA Region 4 
includes the States of Alabama, Florida, Georgia, Kentucky, 
Mississippi, North Carolina, South Carolina and Tennessee. Certain EPA 
air pollution control regulations requiring submittal of notifications, 
reports and other documents to the EPA Regional office, must also be 
submitted to the appropriate authorized State or local agency. This 
technical amendment updates and corrects the addresses for submitting 
such information to the EPA Region 4 State and local agency offices.

DATES: Effective Date: This action is effective October 27, 2009.

FOR FURTHER INFORMATION CONTACT: Deanne Grant, Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 
562-9291. Ms. Grant can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: EPA is correcting the addresses for EPA 
Region 4 State and local agencies in EPA regulations found at 40 CFR 
parts 52, 60 and 61. Certain EPA air pollution control regulations 
requiring submittal of notifications, reports and other documents to 
the EPA regional office, must also be submitted to the appropriate 
authorized State and local agency. This technical amendment updates and 
corrects the address for submitting such information to the EPA Region 
4 State and local agency offices.
    EPA has determined that today's rule falls under the ``good cause'' 
exemption in section 553(b)(3)(B) of the Administrative Procedures Act 
(APA) which, upon finding ``good cause,'' authorizes agencies to 
dispense with public participation and section 553(d)(3) which allows 
an agency to make a rule effective immediately (thereby avoiding the 
30-day delayed effective date otherwise provided for in the APA). 
Today's rule simply codifies provisions which are already in effect as 
a matter of law in Federal and approved State programs. Under section 
553 of the APA, an agency may find good cause where procedures are 
``impractical, unnecessary, or contrary to the public interest.'' 
Public comment is ``unnecessary'' and ``contrary to the public 
interest'' since the codification only reflects existing law. Immediate 
notice in the CFR benefits the public by updating citations.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve State choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves State law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by State 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L.104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as

[[Page 55143]]

appropriate, disproportionate human health or environmental effects, 
using practicable and legally permissible methods, under Executive 
Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the State, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.
    The Congressional Review Act, 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. EPA will submit a report containing this action 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. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 28, 2009. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Parts 52, 60 and 61

    Environmental protection, Air pollution control, Incorporated by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements.

    Dated: October 15, 2009.
Beverly H. Banister,
Acting Regional Administrator, Region 4.

0
40 CFR parts 52, 60 and 61 are amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart (B)--Alabama

0
2. Section 52.60 is amended by revising paragraph (a) to read as 
follows:


Sec.  52.60  Significant deterioration of air quality.

    (a) All applications and other information required pursuant to 
Sec.  52.21 from sources located in the State of Alabama shall be 
submitted to the State agency, Alabama Department of Environmental 
Management, P.O. Box 301463, Montgomery, Alabama 36130-1463, rather 
than to EPA's Region 4 office.
* * * * *

Subpart (K)--Florida

0
3. Section 52.530 is amended by revising paragraph (c) to read as 
follows:


Sec.  52.530  Significant deterioration of air quality.

* * * * *
    (c) All applications and other information required pursuant to 
Sec.  52.21 of this part from sources located in the State of Florida 
shall be submitted to the State agency, Florida Department of 
Environmental Protection, Division of Air Resources Management, 2600 
Blair Stone Road, MS 5500, Tallahassee, Florida 32399-2400, rather than 
to EPA's Region 4 office.
* * * * *

Subpart (L)--Georgia

0
4. Section 52.581 is amended by revising paragraph (a) to read as 
follows:


Sec.  52.581  Significant deterioration of air quality.

    (a) All applications and other information required pursuant to 
Sec.  52.21 of this part from sources located in the State of Georgia 
shall be submitted to the State agency, Georgia Department of Natural 
Resources, Environmental Protection Division, 2 Martin Luther King Jr. 
Drive, SE., Suite 1152 East Floyd Tower, Atlanta, Georgia 30334-9000, 
rather than to EPA's Region 4 office.
* * * * *

Subpart (S)--Kentucky

0
5. Section 52.931 is amended by adding paragraph (d) to read as 
follows:


Sec.  52.931  Significant deterioration of air quality.

* * * * *
    (d) All applications and other information required pursuant to 
Sec.  52.21 of this part from sources located in the Commonwealth of 
Kentucky shall be submitted to the State agency, Commonwealth of 
Kentucky, Energy and Environment Cabinet, Department of Environmental 
Protection, Division for Air Quality, 200 Fair Oaks Lane, 1st Floor, 
Frankfort, Kentucky 40610-1403 or local agency, Louisville Metro Air 
Pollution Control District, 850 Barret Avenue, Louisville, Kentucky 
40204, rather than to EPA's Region 4 office.

Subpart (Z)--Mississippi

0
6. Section 52.1280 is amended by revising paragraph (a) to read as 
follows:


Sec.  52.1280  Significant deterioration of air quality.

    (a) All applications and other information required pursuant to 
Sec.  52.21 of this part from sources located or to be located in the 
State of Mississippi shall be submitted to the State agency, 
Mississippi Department of Environmental Quality, Office of Pollution 
Control, Air Division, 515 East Amite Street, Jackson, Mississippi 
39201, rather than to EPA's Region 4 office.

Subpart (II)--North Carolina

0
7. Section 52.1778 is amended by revising paragraph (c) to read as 
follows:


Sec.  52.1778  Significant deterioration of air quality.

* * * * *
    (c) All applications and other information required pursuant to 
Sec.  52.21 of this part from sources located or to be located in the 
State of North Carolina shall be submitted to the State agency, North 
Carolina Department of Environment and Natural Resources, Division of 
Air Quality, 1641 Mail Service Center, Raleigh, North Carolina 27699-
1641 or local agencies, Attention: Air Quality Section or Forsyth 
County Environmental Affairs, 537 North Spruce Street, Winston-Salem, 
North Carolina 27101; Mecklenburg County Air Quality, 700 N. Tryon St., 
Suite 205, Charlotte, North Carolina 28202-2236; Western North Carolina 
Regional Air Quality Agency, 49 Mount Carmel Road, Asheville, North 
Carolina 28806, rather than to EPA's Region 4 office.

Subpart (PP)--South Carolina

0
8. Section 52.2131 is amended by revising paragraph (c) to read as 
follows:


Sec.  52.2131  Significant deterioration of air quality.

* * * * *
    (c) All applications and other information required pursuant to 
Sec.  52.21 from sources located in the State of

[[Page 55144]]

South Carolina shall be submitted to the State agency, South Carolina 
Department of Health and Environmental Control, 2600 Bull Street, 
Columbia, South Carolina 29201, rather than to EPA's Region 4 office.

Subpart (RR)--Tennessee

0
9. Section 52.2233 is amended by revising paragraph (c)(1) to read as 
follows:


Sec.  52.2233  Significant deterioration of air quality.

* * * * *
    (c)(1) All applications and other information required pursuant to 
Sec.  52.21 of this part from sources located or to be located in the 
State of Tennessee shall be submitted to the State agency, Tennessee 
Department of Environment and Conservation, Division of Air Pollution 
Control, 401 Church Street, 9th Floor, L&C Annex, Nashville, Tennessee 
37243-1531, or local agencies, Knox County Air Quality Management-
Department of Public Health, 140 Dameron Avenue, Knoxville, Tennessee 
37917; Air Pollution Control Bureau, Metropolitan Health Department, 
311 23rd Avenue North, Nashville, Tennessee 37203; Chattanooga-Hamilton 
County Air Pollution Control Bureau, 6125 Preservation Drive, 
Chattanooga, Tennessee 37416; Memphis-Shelby County Health Department-
Air Pollution Control Program, 814 Jefferson Avenue, Memphis, Tennessee 
38105, rather than to the EPA's Region 4 office.

PART 60--[AMENDED]

0
10. The authority citation for part 60 continues to read as follows:

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

Subpart (A)--General Provisions

0
11. Section 60.4 is amended by revising paragraphs (b)(B), (K), (L), 
(S), (Z), (II), (PP), and (RR) to read as follows:


Sec.  60.4  Address.

* * * * *
    (b) * * *
    (B) State of Alabama: Alabama Department of Environmental 
Management, P.O. Box 301463, Montgomery, Alabama 36130-1463.
* * * * *
    (K) State of Florida: Florida Department of Environmental 
Protection, Division of Air Resources Management, 2600 Blair Stone 
Road, MS 5500, Tallahassee, Florida 32399-2400.
    (L) State of Georgia: Georgia Department of Natural Resources, 
Environmental Protection Division, 2 Martin Luther King Jr. Drive, SE., 
Suite 1152 East Floyd Tower, Atlanta, Georgia 30334-9000.
* * * * *
    (S) Commonwealth of Kentucky: Commonwealth of Kentucky, Energy and 
Environment Cabinet, Department of Environmental Protection, Division 
for Air Quality, 200 Fair Oaks Lane, 1st Floor, Frankfort, Kentucky 
40610-1403.
    Louisville Metro Air Pollution Control District, 850 Barret Avenue, 
Louisville, Kentucky 40204.
* * * * *
    (Z) State of Mississippi: Mississippi Department of Environmental 
Quality, Office of Pollution Control, Air Division, 515 East Amite 
Street, Jackson, Mississippi 39201.
* * * * *
    (II) State of North Carolina: North Carolina Department of 
Environment and Natural Resources, Division of Air Quality, 1641 Mail 
Service Center, Raleigh, North Carolina 27699-1641.
    Forsyth County Environmental Affairs, 537 North Spruce Street, 
Winston-Salem, North Carolina 27101.
    Mecklenburg County Air Quality, 700 N. Tryon St., Suite 205, 
Charlotte, North Carolina 28202-2236.
    Western North Carolina Regional Air Quality Agency, 49 Mount Carmel 
Road, Asheville, North Carolina 28806.
* * * * *
    (PP) State of South Carolina: South Carolina Department of Health 
and Environmental Control, 2600 Bull Street, Columbia, South Carolina 
29201.
* * * * *
    (RR) State of Tennessee: Tennessee Department of Environment and 
Conservation, Division of Air Pollution Control, 401 Church Street, 9th 
Floor, L&C Annex, Nashville, Tennessee 37243-1531.
    Knox County Air Quality Management--Department of Public Health, 
140 Dameron Avenue, Knoxville, TN 37917.
    Air Pollution Control Bureau, Metropolitan Health Department, 311 
23rd Avenue North, Nashville, TN 37203.
    Chattanooga-Hamilton County Air Pollution Control Bureau, 6125 
Preservation Drive, Chattanooga, TN 37416.
    Memphis-Shelby County Health Department--Air Pollution Control 
Program, 814 Jefferson Avenue, Memphis, TN 38105.
* * * * *

PART 61--[AMENDED]

0
12. The authority citation for part 61 continues to read as follows:

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

Subpart (A)--General Provisions

0
13. Section 61.04 is amended by revising paragraphs (b)(B), (K), (L), 
(S), (Z), (II), (PP), and (RR) to read as follows:


Sec.  61.04  Address.

* * * * *
    (b) * * *
    (B) State of Alabama: Alabama Department of Environmental 
Management, P.O. Box 301463, Montgomery, Alabama 36130-1463.
* * * * *
    (K) State of Florida: Florida Department of Environmental 
Protection, Division of Air Resources Management, 2600 Blair Stone 
Road, MS 5500, Tallahassee, Florida 32399-2400.
    (L) State of Georgia: Georgia Department of Natural Resources, 
Environmental Protection Division, 2 Martin Luther King Jr. Drive, SE., 
Suite 1152 East Floyd Tower, Atlanta, Georgia 30334-9000.
* * * * *
    (S) Commonwealth of Kentucky: Commonwealth of Kentucky, Energy and 
Environment Cabinet, Department of Environmental Protection, Division 
for Air Quality, 200 Fair Oaks Lane, 1st Floor, Frankfort, Kentucky 
40610-1403.
    Louisville Metro Air Pollution Control District, 850 Barret Avenue, 
Louisville, Kentucky 40204.
* * * * *
    (Z) State of Mississippi: Mississippi Department of Environmental 
Quality, Office of Pollution Control, Air Division, 515 East Amite 
Street, Jackson, Mississippi 39201.
* * * * *
    (II) State of North Carolina: North Carolina Department of 
Environment and Natural Resources, Division of Air Quality, 1641 Mail 
Service Center, Raleigh, North Carolina 27699-1641.
    Forsyth County Environmental Affairs, 537 North Spruce Street, 
Winston-Salem, North Carolina 27101.
    Mecklenburg County Air Quality, 700 N. Tryon St., Suite 205, 
Charlotte, North Carolina 28202-2236.
    Western North Carolina Regional Air Quality Agency, 49 Mount Carmel 
Road, Asheville, North Carolina 28806.
* * * * *
    (PP) State of South Carolina: South Carolina Department of Health 
and

[[Page 55145]]

Environmental Control, 2600 Bull St., Columbia, South Carolina 29201.
* * * * *
    (RR) State of Tennessee: Tennessee Department of Environment and 
Conservation, Division of Air Pollution Control, 401 Church Street, 9th 
Floor, L&C Annex, Nashville, Tennessee 37243-1531.
    Knox County Air Quality Management--Department of Public Health, 
140 Dameron Avenue, Knoxville, Tennessee 37917.
    Air Pollution Control Bureau, Metropolitan Health Department, 311 
23rd Avenue North, Nashville, Tennessee 37203.
    Chattanooga-Hamilton County Air Pollution Control Bureau, 6125 
Preservation Drive, Chattanooga, Tennessee 37416.
    Memphis-Shelby County Health Department--Air Pollution Control 
Program, 814 Jefferson Avenue, Memphis, Tennessee 38105.
* * * * *

[FR Doc. E9-25728 Filed 10-26-09; 8:45 am]
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