Change of Address for Region 4 State and Local Agencies; Technical Correction, 55142-55145 [E9-25728]
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55142
Federal Register / Vol. 74, No. 206 / Tuesday, October 27, 2009 / Rules and Regulations
3.0 Basic Standards for First-Class
Mail Parcels
ENVIRONMENTAL PROTECTION
AGENCY
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40 CFR Parts 52, 60 and 61
3.5
Move Update Standard
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[FRL–8973–6]
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[Add new 3.5.4 to read as follows:]
Change of Address for Region 4 State
and Local Agencies; Technical
Correction
3.5.4 Basis for Additional Postage
Assessment
Pieces in mailings that were not
addressed in accordance with the Move
Update Standard (under 3.5) are
ineligible for presort postage prices.
Pieces subject to an additional postage
assessment at the time of mailing for
change of address errors are subject to
additional postage of $0.07 per assessed
piece according to procedures published
in the Move Update Mailer Advisement
Policy, available at ribbs.usps.gov.
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440
Standard Mail
443
Prices and Eligibility
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3.0 Basic Standards for Standard Mail
Parcels
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3.9
Move Update Standard
3.9.1
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Basic Standards
* * * Addresses subject to the Move
Update standard must meet these
requirements:
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[Delete item d in its entirety.]
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[Add new 3.9.4 to read as follows:]
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Pieces in mailings that were not
addressed in accordance with the Move
Update Standard (under 3.9) are
ineligible for presort postage prices.
Pieces subject to an additional postage
assessment at the time of mailing for
change of address errors are subject to
additional postage of $0.07 per assessed
piece according to procedures published
in the Move Update Mailer Advisement
Policy, available at ribbs.usps.gov.
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We will publish an appropriate
amendment to 39 CFR Part 111 to reflect
these changes.
Stanley F. Mires,
Chief Counsel.
[FR Doc. E9–25462 Filed 10–26–09; 8:45 am]
VerDate Nov<24>2008
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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
grant.deanne@epa.gov.
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
SUPPLEMENTARY INFORMATION:
3.9.4 Basis for Additional Postage
Assessment
BILLING CODE 7710–12–P
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule; technical
amendment.
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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
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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).)
Subpart (B)—Alabama
2. Section 52.60 is amended by
revising paragraph (a) to read as follows:
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§ 52.60 Significant deterioration of air
quality.
(a) All applications and other
information required pursuant to § 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.
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Subpart (K)—Florida
3. Section 52.530 is amended by
revising paragraph (c) to read as follows:
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§ 52.530
quality.
Significant deterioration of air
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(c) All applications and other
information required pursuant to § 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.
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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
6. Section 52.1280 is amended by
revising paragraph (a) to read as follows:
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§ 52.1280
quality.
Significant deterioration of air
(a) All applications and other
information required pursuant to § 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
7. Section 52.1778 is amended by
revising paragraph (c) to read as follows:
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§ 52.1778
quality.
Significant deterioration of air
(a) All applications and other
information required pursuant to § 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.
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(c) All applications and other
information required pursuant to § 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 (S)—Kentucky
Subpart (PP)—South Carolina
5. Section 52.931 is amended by
adding paragraph (d) to read as follows:
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40 CFR parts 52, 60 and 61 are
amended as follows:
§ 52.931
quality.
§ 52.2131
quality.
PART 52—[AMENDED]
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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.
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Authority: 42.U.S.C. 7401 et seq.
55143
Dated: October 15, 2009.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
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1. The authority citation for part 52
continues to read as follows:
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Subpart (L)—Georgia
4. Section 52.581 is amended by
revising paragraph (a) to read as follows:
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§ 52.581
quality.
Significant deterioration of air
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Significant deterioration of air
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(d) All applications and other
information required pursuant to § 52.21
of this part from sources located in the
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8. Section 52.2131 is amended by
revising paragraph (c) to read as follows:
Significant deterioration of air
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(c) All applications and other
information required pursuant to § 52.21
from sources located in the State of
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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
9. Section 52.2233 is amended by
revising paragraph (c)(1) to read as
follows:
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§ 52.2233
quality.
Significant deterioration of air
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(c)(1) All applications and other
information required pursuant to § 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]
10. The authority citation for part 60
continues to read as follows:
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Authority: 42 U.S.C. 7401 et seq.
Subpart (A)—General Provisions
11. Section 60.4 is amended by
revising paragraphs (b)(B), (K), (L), (S),
(Z), (II), (PP), and (RR) to read as
follows:
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§ 60.4
Address.
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(b) * * *
(B) State of Alabama: Alabama
Department of Environmental
Management, P.O. Box 301463,
Montgomery, Alabama 36130–1463.
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(K) State of Florida: Florida
Department of Environmental
Protection, Division of Air Resources
Management, 2600 Blair Stone Road,
MS 5500, Tallahassee, Florida 32399–
2400.
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(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.
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(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.
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(Z) State of Mississippi: Mississippi
Department of Environmental Quality,
Office of Pollution Control, Air
Division, 515 East Amite Street, Jackson,
Mississippi 39201.
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(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.
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(PP) State of South Carolina: South
Carolina Department of Health and
Environmental Control, 2600 Bull
Street, Columbia, South Carolina 29201.
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(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.
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PART 61—[AMENDED]
12. The authority citation for part 61
continues to read as follows:
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Authority: 42 U.S.C. 7401 et seq.
Subpart (A)—General Provisions
13. Section 61.04 is amended by
revising paragraphs (b)(B), (K), (L), (S),
(Z), (II), (PP), and (RR) to read as
follows:
■
§ 61.04
Address.
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(b) * * *
(B) State of Alabama: Alabama
Department of Environmental
Management, P.O. Box 301463,
Montgomery, Alabama 36130–1463.
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(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.
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(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.
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(Z) State of Mississippi: Mississippi
Department of Environmental Quality,
Office of Pollution Control, Air
Division, 515 East Amite Street, Jackson,
Mississippi 39201.
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(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.
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(PP) State of South Carolina: South
Carolina Department of Health and
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Environmental Control, 2600 Bull St.,
Columbia, South Carolina 29201.
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(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.
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[FR Doc. E9–25728 Filed 10–26–09; 8:45 am]
BILLING CODE 6560–50–P
GENERAL SERVICES
ADMINISTRATION
41 CFR Parts 300–70, 301–2, 301–10,
301–13, 301–50, 301–70, 301–71,
Appendix C to Chapter 301, 304–3, and
304–5
[FTR Amendment 2009–06; FTR Case 2009–
309; Docket Number 2009–0014, Sequence
1]
RIN 3090–AI98
Federal Travel Regulation (FTR); FTR
Case 2009–309, Premium Class Travel
and Transportation Allowances
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AGENCY: Office of Governmentwide
Policy, General Services Administration
(GSA).
ACTION: Final rule.
SUMMARY: The General Services
Administration (GSA) is amending the
Federal Travel Regulation (FTR) by
implementing recommendations
contained in the September 2007,
Government Accountability Office
(GAO) report, ‘‘Premium Class Travel:
Internal Control Weaknesses
Governmentwide Led to Improper and
Abusive Use of Premium Class Travel’’
(GAO–07–1268). This final rule
strengthens the management and
accountability measures related to the
use of premium class transportation
accommodations by Federal employees
while on official business travel.
VerDate Nov<24>2008
16:23 Oct 26, 2009
Jkt 220001
DATES: Effective date: This final rule is
effective November 27, 2009.
Applicability date: This final rule is
applicable to travel performed on and
after November 27, 2009.
FOR FURTHER INFORMATION CONTACT: The
Regulatory Secretariat (MVPR), Room
4041, GS Building, Washington, DC,
20405, (202) 501–4755, for information
pertaining to status or publication
schedules. For clarification of content,
contact Mr. Rick Miller, Office of
Governmentwide Policy, at (202) 501–
3822 or e-mail at rodney.miller@gsa.gov.
Please cite FTR Amendment 2009–06;
FTR case 2009–309.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule implements
recommendations contained in the GAO
report, ‘‘Premium Class Travel: Internal
Control Weaknesses Governmentwide
Led to Improper and Abusive Use of
Premium Class Travel’’ (GAO–07–1268).
In the report, GAO made five
recommendations to GSA to improve
management and oversight of premium
class travel. One recommendation by
GAO is that GSA establish an internal
central oversight office for travel
management with authority over agency
travel policies and programs. GSA has
created the Center for Policy Evaluation
which works with Federal agencies to
identify opportunities for
Governmentwide improvements in
travel and transportation. The other four
recommendations are addressed in this
final rule and should strengthen
requirements related to the
authorization and use of premium class
transportation accommodations by
requiring more extensive reporting on
premium class travel, including
business-class, for Temporary Duty
travel (TDY) and Permanent Change of
Station (PCS) relocations; requiring
agencies to define what constitutes a
rest period upon arrival; requiring
agencies to develop and issue internal
guidance that explains when mission
criteria and the intent of that mission
call for premium class transportation
accommodations; requiring annual
certifications for medical disabilities or
other special needs accommodations;
and clarifying other specific provisions
of the FTR which relate to premium
class transportation accommodations.
Accordingly, this final rule amends the
FTR by:
1. Section 300–70.100—Adding the
requirement that agencies report the use
of all ‘‘other than coach-class’’
transportation accommodations which
exceed the coach-class fare.
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55145
2. Section 300–70.101— Clarifies
where agencies may obtain information
regarding reporting requirements for use
of other than coach-class transportation
accommodations.
3. Section 300–70.102— Adding the
requirement that agencies submit their
other than coach-class transportation
information to GSA no later than 60
days after the end of each fiscal year,
including negative reports.
4. Section 300–70.103— Deleting the
current section 300–70.103; redesignating current section 300–70.104
as section 300–70.103; replacing the
words ‘‘first-class’’ with ‘‘other than
coach-class’’; and clarifying the current
regulation for submitting negative
reports when reporting data is also
protected from public disclosure.
5. Section 301–2.5— Replacing the
words ‘‘first-class or business-class’’
with ‘‘other than coach-class’’.
6. Section 301–10.105— Replacing the
words ‘‘business-class or first-class’’
with ‘‘other than coach-class’’.
7. Section 301–10.121— Revising the
definition of the classes of
accommodations offered by air carriers.
8. Section 301–10.123— Replacing the
words ‘‘first-class’’ with ‘‘other than
coach-class’; reformatting and revising
the current regulation to include the
current provisions of section 301–
10.124; adding the requirement for
annual certification of a disability or
special need of a traveler; and adding
the requirement for a one-time
certification of a disability or special
need of a traveler who has a lifelong
condition.
9. Section 301–10.124— Deleting the
current regulation and replacing it with
clarification regarding the use of coachclass seating upgrade programs.
10. Section 301–10.125— Adding a
new section on clarification regarding
the use of the 14-hour rule.
11. Section 301–10.160— Amending
and re-designating current section 301–
10.160 paragraphs(c) and (d) as section
301–10.160(c)(1) and (c)(2).
12. Section 301–10.161 - Replacing
the words ‘‘first-class’’ with ‘‘other than
coach-class’’.
13. Section 301–10.162— Replacing
the words ‘‘first-class’’ with ‘‘other than
coach-class’’; clarifying the current
regulation; adding the requirement for
annual certification of a disability or
special need of a traveler; adding the
requirement for a one-time certification
of a disability or special need of a
traveler who has a lifelong condition;
and adding a new exception as to when
a traveler may use a higher class of train
service.
14. Section 301–10.164— Clarifying
the current regulation regarding the use
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]]>Agencies
[Federal Register Volume 74, Number 206 (Tuesday, October 27, 2009)]
[Rules and Regulations]
[Pages 55142-55145]
From the Federal Register Online via the Government Printing 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
grant.deanne@epa.gov.
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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