[Federal Register Volume 77, Number 76 (Thursday, April 19, 2012)]
[Rules and Regulations]
[Pages 23396-23399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9234]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52, 60 and 61

[FRL 9660-3]


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 amending its regulations to reflect a change in address 
for EPA's Region 4 office as well as the state agencies for Georgia,

[[Page 23397]]

Mississippi, North Carolina and local agencies for Forsyth County, 
Mecklenburg County Land Use & Environmental Services Agency and Western 
North Carolina Regional Air Quality Agency. 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's Region 4 office as well as the state and 
local agency offices.

DATES: This final rule is effective April 19, 2012.

FOR FURTHER INFORMATION CONTACT: Lisa McKinley, 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 30303-8960-8960. The telephone number is 
(404) 562-9403. Ms. McKinley can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    EPA is amending its regulations in 40 CFR parts 52, 60 and 61 to 
reflect a change in the address for EPA's Region 4 office as well as 
the state agencies for Georgia, Mississippi, North Carolina and local 
agencies for Forsyth County, Mecklenburg County Land Use & 
Environmental Services Agency, and Western North Carolina Regional Air 
Quality Agency. This technical amendment merely updates and corrects 
the address for EPA's Region 4 office as well as the state and local 
agencies. This action is editorial in nature and is intended to provide 
accuracy and clarity to the Agency's regulations. Consequently, 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). 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 address for EPA's Region 4 office as well as the 
state and local agencies has changed and immediate notice in the CFR 
benefits the public by updating citations.

II. Statutory and Executive Order Reviews

    This final rule implements technical amendments to 40 CFR parts 52, 
60 and 61 to reflect a change in the address for EPA's Region 4 office 
as well as the state and local agencies. It does not otherwise impose 
or amend any requirements. Consequently, under Executive Order 12866 
(58 FR 51735, October 4, 1993), this action is not a ``significant 
regulatory action'' and therefore is not subject to review by the 
Office of Management and Budget. The rule would not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Because this action is 
merely editorial in nature, the Administrator certifies that it would 
not have a significant economic impact on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
The rule 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). This action does not have 
Federalism implications because it would not 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). Additionally, 
it does not have tribal implications because it would 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). This rule also is not an economically 
significant regulatory action based on health or safety risks subject 
to Executive Order 13045 ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), nor is 
it subject to Executive Order 13211, ``Actions Concerning Regulations 
That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001). It does not involve any technical standards that 
require the Agency's consideration of voluntary consensus standards 
pursuant to section 12(d) of the National Technology Transfer and 
Advancement Act of 1995, Public Law 104-113, section 12(d) (15 U.S.C. 
272 note). Finally, it does not provide EPA with the discretionary 
authority to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods under Executive Order 12898 (59 FR 7629, February 16, 1994).

III. Congressional Review Act

    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 of the CRA 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 earlier, EPA has made such a good cause 
finding, including the reasons therefore, and established an effective 
date of April 19, 2012. 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. 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).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

40 CFR Part 60

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Aluminum, Ammonium sulfate plants, Batteries, 
Beverages, Carbon monoxide, Cement industry, Chemicals, Coal, Copper, 
Dry cleaners, Electric power plants, Fertilizers, Fluoride, Gasoline, 
Glass

[[Page 23398]]

and glass products, Grains, Graphic arts industry, Heaters, Household 
appliances, Insulation, Intergovernmental relations, Iron, Labeling, 
Lead, Lime, Metallic and nonmetallic mineral processing plants, Metals, 
Motor vehicles, Natural gas, Nitric acid plants, Nitrogen dioxide, 
Paper and paper products industry, Particulate matter, Paving and 
roofing materials, Petroleum, Phosphate, Plastics materials and 
synthetics, Polymers, Reporting and recordkeeping requirements, Sewage 
disposal, Steel, Sulfur oxides, Sulfuric acid plants, Tires, Urethane, 
Vinyl, Volatile organic compounds, Waste treatment and disposal, Zinc.

40 CFR Part 61

    Environmental protection, Air pollution control, Arsenic, Asbestos, 
Benzene, Beryllium, Hazardous substances, Mercury, Radionuclides, 
Radon, Reporting and recordkeeping requirements, Uranium, Vinyl 
chloride.

    Dated: March 26, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

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

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

    Authority:  42 U.S.C. 7401.

Subpart L--Georgia

0
2. Section 52.581 is revised 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, Air Protection Branch, 
4244 International Parkway, Suite 120, Atlanta, Georgia 30354 rather 
than to EPA's Region 4 office.
    (b) [Reserved]

Subpart Z--Mississippi

0
3. Section 52.1280 is revised 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, Hand 
Deliver or Courier: Mississippi Department of Environmental Quality, 
Office of Pollution Control, Air Division, 515 East Amite Street, 
Jackson, Mississippi 39201; Mailing Address: Mississippi Department of 
Environmental Quality, Office of Pollution Control, Air Division, P.O. 
Box 2261, Jackson, Mississippi 39225, rather than to EPA's Region 4 
office.
    (b) [Reserved]

Subpart II--North Carolina

0
4. 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, Forsyth County Environmental Affairs, 201 North 
Chestnut Street, Winston-Salem, North Carolina 27101 or Forsyth County 
Air Quality Section, 537 North Spruce Street, Winston-Salem, North 
Carolina 27101; Mecklenburg County Land Use & Environmental Services 
Agency, 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.

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

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

    Authority:  42 U.S.C. 7401.

Subpart A--General Provisions

0
6. Section 60.4 is amended by:
0
a. Revising the Region IV listing in paragraph (a).
0
b. Revising paragraphs (b)(L), (b)(Z), and (b)(II).
    The revisions read as follows:


Sec.  60.4  Address.

    (a) * * *
    Region 4 (Alabama, Florida, Georgia, Kentucky, Mississippi, North 
Carolina, South Carolina, Tennessee), Director, Air, Pesticides and 
Toxics Management Division, U.S. Environmental Protection Agency, 61 
Forsyth St. SW., Suite 9T43, Atlanta, Georgia 30303-8960.
* * * * *
    (b) * * *
    (L) State of Georgia: Georgia Department of Natural Resources, 
Environmental Protection Division, Air Protection Branch, 4244 
International Parkway, Suite 120, Atlanta, Georgia 30354.
* * * * *
    (Z) State of Mississippi: Hand Deliver or Courier: Mississippi 
Department of Environmental Quality, Office of Pollution Control, Air 
Division, 515 East Amite Street, Jackson, Mississippi 39201, Mailing 
Address: Mississippi Department of Environmental Quality, Office of 
Pollution Control, Air Division, P.O. Box 2261, Jackson, Mississippi 
39225.
* * * * *
    (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 or local agencies, 
Forsyth County Environmental Affairs, 201 North Chestnut Street, 
Winston-Salem, North Carolina 27101 or Forsyth County Air Quality 
Section, 537 North Spruce Street, Winston-Salem, North Carolina 27101; 
Mecklenburg County Land Use & Environmental Services Agency, 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.
* * * * *

PART 61--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS

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

    Authority:  42 U.S.C. 7401.

Subpart A--General Provisions

0
8. Section 61.04 is amended by:
0
a. Revising the Region IV listing in paragraph (a).
0
b. Revising paragraphs (b)(L), (b)(Z), and (b)(II).
    The revisions read as follows:


Sec.  61.04  Address.

    (a) * * *
    Region 4 (Alabama, Florida, Georgia, Kentucky, Mississippi, North 
Carolina, South Carolina, Tennessee), Director, Air, Pesticides and 
Toxics Management Division, U.S. Environmental Protection Agency, 61 
Forsyth St. SW., Suite 9T43, Atlanta, Georgia 30303-8960.
* * * * *

[[Page 23399]]

    (b) * * *
    (L) State of Georgia: Georgia Department of Natural Resources, 
Environmental Protection Division, Air Protection Branch, 4244 
International Parkway, Suite 120, Atlanta, Georgia 30354.
* * * * *
    (Z) State of Mississippi: Hand Deliver or Courier: Mississippi 
Department of Environmental Quality, Office of Pollution Control, Air 
Division, 515 East Amite Street, Jackson, Mississippi 39201, Mailing 
Address: Mississippi Department of Environmental Quality, Office of 
Pollution Control, Air Division, P.O. Box 2261, Jackson, Mississippi 
39225.
* * * * *
    (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 or local agencies, 
Forsyth County Environmental Affairs, 201 North Chestnut Street, 
Winston-Salem, North Carolina 27101 or Forsyth County Air Quality 
Section, 537 North Spruce Street, Winston-Salem, North Carolina 27101; 
Mecklenburg County Land Use & Environmental Services Agency, 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.
* * * * *
[FR Doc. 2012-9234 Filed 4-18-12; 8:45 am]
BILLING CODE 6560-50-P