[Federal Register Volume 74, Number 241 (Thursday, December 17, 2009)]
[Rules and Regulations]
[Pages 66921-66923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30042]


-----------------------------------------------------------------------

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 [email protected].

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
A. Revising the address for Region III in paragraph (a); and
0
B. 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
A. Revising the address for Region III in paragraph (a); and
0
B. 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]
BILLING CODE 6560-50-P