[Federal Register Volume 82, Number 135 (Monday, July 17, 2017)]
[Rules and Regulations]
[Pages 32644-32646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14746]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52, 60, and 61

[Region 4; FRL-9964-36-Region 4]


Address and Agency Name Changes for Region 4 State and Local 
Agencies; Technical Correction

AGENCY: Environmental Protection Agency.

ACTION: Final rule; technical amendment.

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SUMMARY: The Environmental Protection Agency (EPA) is correcting the 
addresses and agencies names 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 require submittal of notifications, reports and 
other documents to the appropriate authorized State or local agency. 
This technical amendment updates and corrects agency names and the 
addresses for submitting such information to the EPA Region 4 State and 
local agency offices.

DATES: This rule is effective July 17, 2017.

FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. Ms. Sheckler's telephone number is 404-562-9992. She 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 changes in the addresses for the Kentucky Division for Air 
Quality, and the Louisville Metro Air Pollution Control District in 
Kentucky; the Mecklenburg County Air Quality Land Use and Environmental 
Services Agency, and Western North Carolina Regional Air Quality Agency 
in North Carolina; and, the Tennessee Department of Environment and 
Conservation and the Nashville Metro Public Health Department Pollution 
Control Division in Tennessee. EPA is also revising the agency name for 
North Carolina Department of Natural Resources to the North Carolina 
Department of Environmental Quality. This technical amendment merely 
updates and corrects the addresses for the state and local agencies, 
and a name change for one of the state agencies.
    EPA has determined that this rule falls under the ``good cause'' 
exemption in section 553(b)(3)(B) of the Administrative Procedure 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 such 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Public comment is ``unnecessary'' and ``contrary to the 
public interest'' since the addresses for the state and local agencies 
have changed and immediate notice in the CFR benefits the public by 
updating citations.\1\
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    \1\ EPA's finding that providing notice and an opportunity for 
comment before promulgation of the amendments in this final action 
is impracticable, unnecessary, or contrary to the public interest 
also applies for purposes of section 808(2) of the Congressional 
Review Act, 5 U.S.C. 808(d), as discussed in section II of this 
preamble.

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[[Page 32645]]

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 the state and local 
agencies, and a name change for one of the state agencies. It does not 
otherwise impose or amend any requirements. 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 the 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 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 States of Kentucky, North Carolina, and Tennessee, and EPA notes 
that it will not impose substantial direct costs on tribal governments 
or preempt tribal law.
    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 July 17, 2017. 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, 
Intergovernmental relations, Incorporation by reference, Nitrogen 
dioxide, Ozone, Reporting and recordkeeping requirements, 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 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: June 14, 2017.
V. Anne Heard,
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 et seq.

Subpart S--Kentucky

0
2. Section 52.931 is amended by revising 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 from sources located in the Commonwealth of Kentucky shall 
be submitted to the appropriate state or local agency for which the 
source is located, rather than to EPA's Region 4 office: Kentucky 
Department for Environmental Protection, Division for Air Quality, 300 
Sower Boulevard, 2nd Floor, Frankfort, Kentucky 40601; or Louisville 
Metro Air Pollution Control District, 701 W. Ormsby Ave., Suite 303, 
Louisville, Kentucky 40203.

Subpart II--North Carolina

0
3. 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 from sources located in the State of North Carolina shall 
be submitted to the appropriate state or local agency for which the 
source is located, rather than to EPA's Region 4 office: North Carolina 
Department of Environmental Quality, Division of Air Quality, 1641 Mail 
Service Center, Raleigh, North Carolina 27699-1641; Forsyth County 
Office of Environmental Assistance and Protection, 201 North Chestnut 
Street, Winston-Salem, North Carolina 27101-4120; Mecklenburg County 
Land Use and Environmental Services Agency,

[[Page 32646]]

Air Quality, 2145 Suttle Avenue, Charlotte, North Carolina 28208; or 
Western North Carolina Regional Air Quality Agency, 125 S. Lexington 
Ave., Suite 101, Asheville, North Carolina 28801-3661.

Subpart RR--Tennessee

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


Sec.  52.2233  Significant deterioration of air quality.

* * * * *
    (c) All applications and other information required pursuant to 
Sec.  52.21 from sources located in the State of Tennessee shall be 
submitted to the appropriate state or local agency for which the source 
is located, rather than to EPA's Region 4 office: Tennessee Department 
of Environment and Conservation, Division of Air Pollution Control, 
William R. Snodgrass Tennessee Tower, 312 Rosa L. Parks Avenue, 15th 
Floor, Nashville, Tennessee 37243; Knox County Air Quality Management--
Department of Public Health, 140 Dameron Avenue, Knoxville, Tennessee 
37917; Metro Public Health Department, Pollution Control Division, 2500 
Charlotte Ave., Nashville, Tennessee 37209; Chattanooga-Hamilton County 
Air Pollution Control Bureau, 6125 Preservation Drive, Chattanooga, 
Tennessee 37416; or Shelby County Health Department, Pollution Control 
Section, 814 Jefferson Avenue, Memphis, Tennessee 38105.

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 et seq.

Subpart A--General Provisions

0
6. Section 60.4 is amended by:
0
a. Redesignating paragraphs (b)(A) through (EEE) as paragraphs (b)(1) 
through (57).
0
b. Revising paragraphs (b)(19), (35), and (44) to read as follows:


Sec.  60.4  Address.

* * * * *
    (b) * * *
    (19) Commonwealth of Kentucky: Kentucky Department for 
Environmental Protection, Division for Air Quality, 300 Sower 
Boulevard, 2nd Floor, Frankfort, Kentucky 40601 or local agency, 
Louisville Metro Air Pollution Control District, 701 W. Ormsby Ave., 
Suite 303, Louisville, Kentucky 40203.
* * * * *
    (35) State of North Carolina: North Carolina Department of 
Environmental Quality, Division of Air Quality, 1641 Mail Service 
Center, Raleigh, North Carolina 27699-1641 or local agencies, Forsyth 
County Office of Environmental Assistance and Protection, 201 North 
Chestnut Street, Winston-Salem, North Carolina 27101-4120; Mecklenburg 
County Land Use and Environmental Services Agency, Air Quality, 2145 
Suttle Avenue, Charlotte, North Carolina 28208; Western North Carolina 
Regional Air Quality Agency, 125 S. Lexington Ave., Suite 101, 
Asheville, North Carolina 28801-3661.
* * * * *
    (44) State of Tennessee: Tennessee Department of Environment and 
Conservation, Division of Air Pollution Control, William R. Snodgrass 
Tennessee Tower, 312 Rosa L. Parks Avenue, 15th Floor, Nashville, 
Tennessee 37243, or local agencies, Knox County Air Quality 
Management--Department of Public Health, 140 Dameron Avenue, Knoxville, 
Tennessee 37917; Metro Public Health Department, Pollution Control 
Division, 2500 Charlotte Ave., Nashville, Tennessee 37209; Chattanooga-
Hamilton County Air Pollution Control Bureau, 6125 Preservation Drive, 
Chattanooga, Tennessee 37416; Shelby County Health Department, 
Pollution Control Section, 814 Jefferson Avenue, Memphis, Tennessee 
38105.
* * * * *

PART 61--NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS

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

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

Subpart A--General Provisions

0
8. Section 61.04 is amended by:
0
a. Redesignating paragraphs (b)(A) through (EEE) as paragraphs (b)(1) 
through (57).
0
b. Revising newly redesignated paragraphs (b)(19), (35), and (44) to 
read as follows:


Sec.  61.04  Address.

* * * * *
    (b) * * *
    (19) Commonwealth of Kentucky: Kentucky Department for 
Environmental Protection, Division of Air Quality, 300 Sower Boulevard, 
2nd Floor, Frankfort, Kentucky 40601 or local agency, Louisville Metro 
Air Pollution Control District, 701 W. Ormsby Ave. Suite 303, 
Louisville, Kentucky 40203.
* * * * *
    (35) State of North Carolina: North Carolina Department of 
Environmental Quality, Division of Air Quality, 1641 Mail Service 
Center, Raleigh, North Carolina 27699-1641 or local agencies, Forsyth 
County Office of Environmental Assistance and Protection, 201 North 
Chestnut Street, Winston-Salem, North Carolina 27101-4120; Mecklenburg 
County Land Use and Environmental Services Agency, Air Quality, 2145 
Suttle Avenue, Charlotte, North Carolina 28208; Western North Carolina 
Regional Air Quality Agency, 125 S. Lexington Ave., Suite 101, 
Asheville, North Carolina 28801-3661.
* * * * *
    (44) State of Tennessee: Tennessee Department of Environment and 
Conservation, Division of Air Pollution Control, William R. Snodgrass 
Tennessee Tower, 312 Rosa L. Parks Avenue, 15th Floor, Nashville, 
Tennessee 37243, or local agencies, Knox County Air Quality 
Management--Department of Public Health, 140 Dameron Avenue, Knoxville, 
Tennessee 37917; Metro Public Health Department, Pollution Control 
Division, 2500 Charlotte Ave., Nashville, Tennessee 37209; Chattanooga-
Hamilton County Air Pollution Control Bureau, 6125 Preservation Drive, 
Chattanooga, Tennessee 37416; Shelby County Health Department, 
Pollution Control Section, 814 Jefferson Avenue, Memphis, Tennessee 
38105.
* * * * *
[FR Doc. 2017-14746 Filed 7-14-17; 8:45 am]
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