Change of Address for Region 5 State and Local Agencies; Technical Correction, 55274-55277 [2010-22330]
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55274
Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Rules and Regulations
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it 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.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
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Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321–4370f), and
have concluded this action is one of a
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category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves establishing, disestablishing, or
changing Regulated Navigation Areas
and security or safety zones.
An environmental analysis checklist
and a categorical exclusion
determination for this rule are available
in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
■ For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T08–0576 to read as
follows:
■
§ 165.T08–0576 Safety Zone; Upper
Mississippi River, Mile 212.0 to 214.5.
(a) Location. The following area is a
safety zone: waters of the Upper
Mississippi River, Mile 212.0 to 214.5
extending West of Portage Island to the
right descending bank of the river.
(b) Effective date. This rule is effective
from 10 a.m. until 9 p.m. CDT on
September 11, 2010.
(c) Periods of Enforcement. This rule
will be enforced from 10 a.m. CDT until
9 p.m. CDT on September 11, 2010. The
Captain of the Port Upper Mississippi
River will inform the public through
broadcast notice to mariners of all safety
zone changes and enforcement periods.
(d) Regulations. (1) In accordance
with the general regulations in § 165.23
of this part, entry into this zone is
prohibited unless authorized by the
Captain of the Port Upper Mississippi
River or a designated representative.
(2) Persons or vessels requiring entry
into or passage through the zone must
request permission from the Captain of
the Port Upper Mississippi River or a
designated representative. The Captain
of the Port Upper Mississippi River
representative may be contacted at 314–
269–2332.
(3) All persons and vessels shall
comply with the instructions of the
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Captain of the Port Upper Mississippi
River or their designated representative.
Designated Captain of the Port
representatives includes United States
Coast Guard commissioned, warrant,
and petty officers of the U.S. Coast
Guard.
Dated: August 19, 2010.
S.L. Hudson,
Captain, U.S. Coast Guard, Captain of the
Port Upper Mississippi River.
[FR Doc. 2010–22580 Filed 9–9–10; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52, 60, and 61
[FRL–9198–2]
Change of Address for Region 5 State
and Local Agencies; Technical
Correction
Environmental Protection
Agency (EPA).
ACTION: Final rule; technical
amendment.
AGENCY:
EPA is correcting the
addresses for EPA Region 5 state and
local agencies in EPA regulations. The
jurisdiction of EPA Region 5 includes
the states of Illinois, Indiana, Michigan,
Minnesota, Ohio and Wisconsin. 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 5 state and local agency offices.
DATES: Effective Date: This action is
effective September 10, 2010.
FOR FURTHER INFORMATION CONTACT:
Jeremiah Hall, Attainment Planning &
Maintenance Section, Air Program
Branch, Air and Radiation Division,
Region 5, U.S. Environmental Protection
Agency, 77 West Jackson Blvd., Chicago,
Illinois 60604. The telephone number is
(312) 353–3503. Jeremiah Hall can also
be reached via electronic mail at
hall.jeremiah@epa.gov.
SUMMARY:
EPA is
correcting the addresses for EPA Region
5 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
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Rules and Regulations
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agency. This technical amendment
updates and corrects the address for
submitting such information to the EPA
Region 5 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.
Statutory and Executive Order Reviews
Under the Clean Air Act (CAA), the
Administrator is required to approve a
SIP submission that complies with the
provisions of the CAA 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
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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
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 November 9, 2010. 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, Incorporation by
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55275
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements.
Dated: August 26, 2010.
Bharat Mathur,
Acting Regional Administrator, Region 5.
40 CFR parts 52, 60 and 61 are
amended as follows:
■
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart B—Illinois
2. Section 52.738 is amended by
revising paragraph (c) to read as follows:
■
§ 52.738
quality.
Significant deterioration of air
*
*
*
*
*
(c) All applications and other
information required pursuant to § 52.21
from sources located in the State of
Illinois shall be submitted to the state
agency, Illinois Environmental
Protection Agency, 1021 North Grand
Avenue East, Springfield, Illinois 62794.
Subpart P—Indiana
3. Section 52.793 is amended by
revising paragraph (c) to read as follows:
■
§ 52.793
quality.
Significant deterioration of air
*
*
*
*
*
(c) All applications and other
information required pursuant to § 52.21
of this part from sources located in the
State of Indiana shall be submitted to
the state agency, Indiana Department of
Environmental Management, Office of
Air Quality, 100 North Senate Avenue,
Indianapolis, Indiana 46204, rather than
to EPA’s Region 5 office.
Subpart X—Michigan
4. Section 52.1180 is amended by
revising paragraph (c) to -∂read as
follows:
■
§ 52.1180
quality.
Significant deterioration of air
*
*
*
*
*
(c) All applications and other
information required pursuant to § 52.21
of this part from sources located in the
State of Michigan shall be submitted to
the state agency, Michigan Department
of Natural Resources and Environment,
Air Quality Division, P.O. Box 30028,
Lansing, Michigan 48909, rather than to
EPA’s Region 5 office.
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Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Rules and Regulations
Subpart Y—Minnesota
5. Section 52.1234 is amended by
revising paragraph (c) to read as follows:
■
§ 52.1234
quality.
Significant deterioration of air
*
*
*
*
*
(c) All applications and other
information required pursuant to § 52.21
of this part from sources located in the
State of Minnesota shall be submitted to
the state agency, Minnesota Pollution
Control Agency, Division of Air Quality,
520 Lafayette Road North, St. Paul,
Minnesota 55155, rather than to EPA’s
Region 5 office.
Subpart KK—Ohio
6. Section 52.1884 is amended by
revising paragraph (c) to read as follows:
■
§ 52.1884
quality.
Significant deterioration of air
*
*
*
*
*
(c) All application and other
information required pursuant to § 52.21
of this part from sources located or to
be located in the state of Ohio shall be
submitted to the state agency, Ohio
Environmental Protection Agency, P.O.
Box 1049, Columbus, Ohio 43216, rather
than to EPA’s Region 5 office.
PART 60—[AMENDED]
7. The authority citation for part 60
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart A—General Provisions
8. Section 60.4 is amended by revising
paragraphs (b)(O), (b)(P), (b)(X), (b)(Y),
(b)(KK), and (b)(YY) to read as follows:
■
§ 60.4
Address.
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*
*
*
*
*
(b) * * *
(O) State of Illinois: Illinois
Environmental Protection Agency, 1021
North Grand Avenue East, Springfield,
Illinois 62794.
(P) State of Indiana: Indiana
Department of Environmental
Management, Office of Air Quality, 100
North Senate Avenue, Indianapolis,
Indiana 46204.
*
*
*
*
*
(X) State of Michigan: Michigan
Department of Natural Resources and
Environment, Air Quality Division, P.O.
Box 30028, Lansing, Michigan 48909.
(Y) State of Minnesota: Minnesota
Pollution Control Agency, Division of
Air Quality, 520 Lafayette Road North,
St. Paul, Minnesota 55155.
*
*
*
*
*
(KK) State of Ohio:
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(i) Medina, Summit and Portage
Counties; Director, Akron Regional Air
Quality Management District, 146 South
High Street, Room 904, Akron, OH
44308.
(ii) Stark County; Director, Canton
City Health Department, Air Pollution
Control Division, 420 Market Avenue
North, Canton, Ohio 44702–1544.
(iii) Butler, Clermont, Hamilton, and
Warren Counties; Director, Hamilton
County Department of Environmental
Services, 250 William Howard Taft
Road, Cincinnati, Ohio 45219–2660.
(iv) Cuyahoga County; Commissioner,
Cleveland Department of Public Health,
Division of Air Quality, 75 Erieview
Plaza 2nd Floor, Cleveland, Ohio 44114.
(v) Clark, Darke, Greene, Miami,
Montgomery, and Preble Counties;
Director, Regional Air Pollution Control
Agency, 117 South Main Street, Dayton,
Ohio 45422–1280.
(vi) Lucas County and the City of
Rossford (in Wood County); Director,
City of Toledo, Division of
Environmental Services, 348 South Erie
Street, Toledo, OH 43604.
(vii) Adams, Brown, Lawrence, and
Scioto Counties; Portsmouth Local Air
Agency, 605 Washington Street, Third
Floor, Portsmouth, OH 45662.
(viii) Allen, Ashland, Auglaize,
Crawford, Defiance, Erie, Fulton,
Hancock, Hardin, Henry, Huron,
Marion, Mercer, Ottawa, Paulding,
Putnam, Richland, Sandusky, Seneca,
Van Wert Williams, Wood (Except City
of Rossford), and Wyandot Counties;
Ohio Environmental Protection Agency,
Northwest District Office, Air Pollution
Control, 347 North Dunbridge Road,
Bowling Green, Ohio 43402.
(ix) Ashtabula, Caroll, Colombiana,
Holmes, Lorain, and Wayne Counties;
Ohio Environmental Protection Agency,
Northeast District Office, Air Pollution
Unit, 2110 East Aurora Road,
Twinsburg, OH 44087.
(x) Athens, Belmont, Coshocton,
Gallia, Guemsey, Harrison, Hocking,
Jackson, Jefferson, Meigs, Monroe,
Morgan, Muskingum, Noble, Perry, Pike,
Ross, Tuscarawas, Vinton, and
Washington Counties; Ohio
Environmental Protection Agency,
Southeast District Office, Air Pollution
Unit, 2195 Front Street, Logan, OH
43138.
(xi) Champaign, Clinton, Highland,
Logan, and Shelby Counties; Ohio
Environmental Protection Agency,
Southwest District Office, Air Pollution
Unit, 401 East Fifth Street, Dayton, Ohio
45402–2911.
(xii) Delaware, Fairfield, Fayette,
Franklin, Knox, Licking, Madison,
Morrow, Pickaway, and Union Counties;
Ohio Environmental Protection Agency,
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Central District Office, Air Pollution
control, 50 West Town Street, Suite 700,
Columbus, Ohio 43215.
(xiii) Geauga and Lake Counties; Lake
County General Health District, Air
Pollution Control, 33 Mill Street,
Painesville, OH 44077.
(xiv) Mahoning and Trumbull
Counties; Mahoning-Trumbull Air
Pollution Control Agency, 345 Oak Hill
Avenue, Suite 200, Youngstown, OH
44502.
*
*
*
*
*
(YY) State of Wisconsin: Wisconsin
Department of Natural Resouces, 101
South Webster St., P.O. Box 7921,
Madison, Wisconsin 53707–7921.
*
*
*
*
*
PART 61—[AMENDED]
9. The authority citation for part 61
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart A—General Provisions
10. Section 61.04 is amended by
revising paragraphs (b)(O), (b)(P), (b)(X),
(b)(Y), (b)(KK), and (b)(YY) to read as
follows:
■
§ 61.04
Address.
*
*
*
*
*
(b) * * *
(O) State of Illinois: Illinois
Environmental Protection Agency, 1021
North Grand Avenue East, Springfield,
Illinois 62794.
(P) State of Indiana: Indiana
Department of Environmental
Management, Office of Air Quality, 100
North Senate Avenue, Indianapolis,
Indiana 46204.
*
*
*
*
*
(X) State of Michigan: Michigan
Department of Natural Resources and
Environment Quality, Air Quality
Division, P.O. 30028, Lansing, Michigan
48909.
(Y) State of Minnesota: Minnesota
Pollution Control Agency, Division of
Air Quality, 520 Lafayette Road North,
St. Paul, Minnesota 55155.
*
*
*
*
*
(KK) State of Ohio:
(i) Medina, Summit and Portage
Counties; Director, Akron Regional Air
Quality Management District, 146 South
High Street, Room 904, Akron, OH
44308.
(ii) Stark County; Director, Canton
City Health Department, Air Pollution
Control Division, 420 Market Avenue
North, Canton, Ohio 44702–1544.
(iii) Butler, Clermont, Hamilton, and
Warren Counties; Director, Hamilton
County Department of Environmental
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Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Rules and Regulations
Services, 250 William Howard Taft
Road, Cincinnati, Ohio 45219–2660.
(iv) Cuyahoga County; Commissioner,
Cleveland Department of Public Health,
Division of Air Quality, 75 Erieview
Plaza 2nd Floor, Cleveland, Ohio 44114.
(v) Clark, Darke, Greene, Miami,
Montgomery, and Preble Counties;
Director, Regional Air Pollution Control
Agency, 117 South Main Street, Dayton,
Ohio 45422–1280.
(vi) Lucas County and the City of
Rossford (in Wood County); Director,
City of Toledo, Division of
Environmental Services, 348 South Erie
Street, Toledo, OH 43604.
(vii) Adams, Brown, Lawrence, and
Scioto Counties; Portsmouth Local Air
Agency, 605 Washington Street, Third
Floor, Portsmouth, OH 45662.
(viii) Allen, Ashland, Auglaize,
Crawford, Defiance, Erie, Fulton,
Hancock, Hardin, Henry, Huron,
Marion, Mercer, Ottawa, Paulding,
Putnam, Richland, Sandusky, Seneca,
Van Wert Williams, Wood (Except City
of Rossford), and Wyandot Counties;
Ohio Environmental Protection Agency,
Northwest District Office, Air Pollution
Control, 347 North Dunbridge Road,
Bowling Green, Ohio 43402.
(ix) Ashtabula, Caroll, Colombiana,
Holmes, Lorain, and Wayne Counties;
Ohio Environmental Protection Agency,
Northeast District Office, Air Pollution
Unit, 2110 East Aurora Road,
Twinsburg, OH 44087.
(x) Athens, Belmont, Coshocton,
Gallia, Guemsey, Harrison, Hocking,
Jackson, Jefferson, Meigs, Monroe,
Morgan, Muskingum, Noble, Perry, Pike,
Ross, Tuscarawas, Vinton, and
Washington Counties; Ohio
Environmental Protection Agency,
Southeast District Office, Air Pollution
Unit, 2195 Front Street, Logan, OH
43138.
(xi) Champaign, Clinton, Highland,
Logan, and Shelby Counties; Ohio
Environmental Protection Agency,
Southwest District Office, Air Pollution
Unit, 401 East Fifth Street, Dayton, Ohio
45402–2911.
(xii) Delaware, Fairfield, Fayette,
Franklin, Knox, Licking, Madison,
Morrow, Pickaway, and Union Counties;
Ohio Environmental Protection Agency,
Central District Office, Air Pollution
control, 50 West Town Street, Suite 700,
Columbus, Ohio 43215.
(xiii) Geauga and Lake Counties; Lake
County General Health District, Air
Pollution Control, 33 Mill Street,
Painesville, OH 44077.
(xiv) Mahoning and Trumbull
Counties; Mahoning-Trumbull Air
Pollution Control Agency, 345 Oak Hill
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Avenue, Suite 200, Youngstown, OH
44502.
*
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*
*
*
(YY) State of Wisconsin: Wisconsin
Department of Natural Resources, 101
South Webster St., P.O. Box 7921,
Madison, Wisconsin 53707–7921. 101
South Webster St., P.O. Box 7921,
Madison, Wisconsin 53707–7921.
*
*
*
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*
[FR Doc. 2010–22330 Filed 9–9–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 55
[OAR–2004–0091; FRL–9192–8]
Outer Continental Shelf Air
Regulations; Consistency Update for
California
Environmental Protection
Agency (‘‘EPA’’).
ACTION: Final rule.
AGENCY:
EPA is finalizing the update
of the Outer Continental Shelf (‘‘OCS’’)
Air Regulations proposed in the Federal
Register on December 21, 2009.
Requirements applying to OCS sources
located within 25 miles of States’
seaward boundaries must be updated
periodically to remain consistent with
the requirements of the corresponding
onshore area (‘‘COA’’), as mandated by
section 328(a)(1) of the Clean Air Act, as
amended in 1990 (‘‘the Act’’). The
portion of the OCS air regulations that
is being updated pertains to the
requirements for OCS sources for which
the South Coast Air Quality
Management District (‘‘South Coast
AQMD’’ or ‘‘District’’) is the designated
COA. The intended effect of approving
the OCS requirements for the South
Coast AQMD is to regulate emissions
from OCS sources in accordance with
the requirements onshore.
DATES: Effective Date: This rule is
effective on October 12, 2010.
The incorporation by reference of
certain publications listed in this rule is
approved by the Director of the Federal
Register as of October 12, 2010.
ADDRESSES: EPA has established docket
number OAR–2004–0091 for this action.
The index to the docket is available
electronically at https://
www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
SUMMARY:
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55277
some may not be publicly available in
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Cynthia G. Allen, Air Division (Air-4),
U.S. EPA Region 9, 75 Hawthorne
Street, San Francisco, CA 94105, (415)
947–4120, allen.cynthia@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ refer to U.S. EPA.
Organization of this document: The
following outline is provided to aid in
locating information in this preamble.
I. Background
II. Public Comment
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Background
On December 21, 2009 (74 FR 67845),
EPA proposed to incorporate various
South Coast AQMD air pollution control
requirements into the OCS Air
Regulations at 40 CFR part 55. We are
incorporating these requirements in
response to the submittal of these rules
by the District. EPA has evaluated the
proposed requirements to ensure that
they are rationally related to the
attainment or maintenance of Federal or
State ambient air quality standards or
Part C of title I of the Act, that they are
not designed expressly to prevent
exploration and development of the
OCS and that they are applicable to OCS
sources. 40 CFR 55.1. EPA has also
evaluated the rules to ensure that they
are not arbitrary or capricious. 40 CFR
55.12(e).
Section 328(a) of the Act requires that
EPA establish requirements to control
air pollution from OCS sources located
within 25 miles of States’ seaward
boundaries that are the same as onshore
requirements. To comply with this
statutory mandate, EPA must
incorporate applicable onshore rules
into part 55 as they exist onshore. This
limits EPA’s flexibility in deciding
which requirements will be
incorporated into part 55 and prevents
EPA from making substantive changes
to the requirements it incorporates. As
a result, EPA may be incorporating rules
into part 55 that do not conform to all
of EPA’s State implementation plan
(SIP) guidance or certain requirements
of the Act. Consistency updates may
result in the inclusion of State or local
rules or regulations into part 55, even
though the same rules may ultimately be
disapproved for inclusion as part of the
SIP. Inclusion in the OCS rule does not
imply that a rule meets the requirements
E:\FR\FM\10SER1.SGM
10SER1
]]>Agencies
[Federal Register Volume 75, Number 175 (Friday, September 10, 2010)]
[Rules and Regulations]
[Pages 55274-55277]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-22330]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52, 60, and 61
[FRL-9198-2]
Change of Address for Region 5 State and Local Agencies;
Technical Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; technical amendment.
-----------------------------------------------------------------------
SUMMARY: EPA is correcting the addresses for EPA Region 5 state and
local agencies in EPA regulations. The jurisdiction of EPA Region 5
includes the states of Illinois, Indiana, Michigan, Minnesota, Ohio and
Wisconsin. 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 5 state
and local agency offices.
DATES: Effective Date: This action is effective September 10, 2010.
FOR FURTHER INFORMATION CONTACT: Jeremiah Hall, Attainment Planning &
Maintenance Section, Air Program Branch, Air and Radiation Division,
Region 5, U.S. Environmental Protection Agency, 77 West Jackson Blvd.,
Chicago, Illinois 60604. The telephone number is (312) 353-3503.
Jeremiah Hall can also be reached via electronic mail at
hall.jeremiah@epa.gov.
SUPPLEMENTARY INFORMATION: EPA is correcting the addresses for EPA
Region 5 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
[[Page 55275]]
agency. This technical amendment updates and corrects the address for
submitting such information to the EPA Region 5 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.
Statutory and Executive Order Reviews
Under the Clean Air Act (CAA), the Administrator is required to
approve a SIP submission that complies with the provisions of the CAA
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 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 November 9, 2010. 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, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements.
Dated: August 26, 2010.
Bharat Mathur,
Acting Regional Administrator, Region 5.
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--Illinois
0
2. Section 52.738 is amended by revising paragraph (c) to read as
follows:
Sec. 52.738 Significant deterioration of air quality.
* * * * *
(c) All applications and other information required pursuant to
Sec. 52.21 from sources located in the State of Illinois shall be
submitted to the state agency, Illinois Environmental Protection
Agency, 1021 North Grand Avenue East, Springfield, Illinois 62794.
Subpart P--Indiana
0
3. Section 52.793 is amended by revising paragraph (c) to read as
follows:
Sec. 52.793 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 Indiana
shall be submitted to the state agency, Indiana Department of
Environmental Management, Office of Air Quality, 100 North Senate
Avenue, Indianapolis, Indiana 46204, rather than to EPA's Region 5
office.
Subpart X--Michigan
0
4. Section 52.1180 is amended by revising paragraph (c) to -+read as
follows:
Sec. 52.1180 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 Michigan
shall be submitted to the state agency, Michigan Department of Natural
Resources and Environment, Air Quality Division, P.O. Box 30028,
Lansing, Michigan 48909, rather than to EPA's Region 5 office.
[[Page 55276]]
Subpart Y--Minnesota
0
5. Section 52.1234 is amended by revising paragraph (c) to read as
follows:
Sec. 52.1234 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 Minnesota
shall be submitted to the state agency, Minnesota Pollution Control
Agency, Division of Air Quality, 520 Lafayette Road North, St. Paul,
Minnesota 55155, rather than to EPA's Region 5 office.
Subpart KK--Ohio
0
6. Section 52.1884 is amended by revising paragraph (c) to read as
follows:
Sec. 52.1884 Significant deterioration of air quality.
* * * * *
(c) All application and other information required pursuant to
Sec. 52.21 of this part from sources located or to be located in the
state of Ohio shall be submitted to the state agency, Ohio
Environmental Protection Agency, P.O. Box 1049, Columbus, Ohio 43216,
rather than to EPA's Region 5 office.
PART 60--[AMENDED]
0
7. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart A--General Provisions
0
8. Section 60.4 is amended by revising paragraphs (b)(O), (b)(P),
(b)(X), (b)(Y), (b)(KK), and (b)(YY) to read as follows:
Sec. 60.4 Address.
* * * * *
(b) * * *
(O) State of Illinois: Illinois Environmental Protection Agency,
1021 North Grand Avenue East, Springfield, Illinois 62794.
(P) State of Indiana: Indiana Department of Environmental
Management, Office of Air Quality, 100 North Senate Avenue,
Indianapolis, Indiana 46204.
* * * * *
(X) State of Michigan: Michigan Department of Natural Resources and
Environment, Air Quality Division, P.O. Box 30028, Lansing, Michigan
48909.
(Y) State of Minnesota: Minnesota Pollution Control Agency,
Division of Air Quality, 520 Lafayette Road North, St. Paul, Minnesota
55155.
* * * * *
(KK) State of Ohio:
(i) Medina, Summit and Portage Counties; Director, Akron Regional
Air Quality Management District, 146 South High Street, Room 904,
Akron, OH 44308.
(ii) Stark County; Director, Canton City Health Department, Air
Pollution Control Division, 420 Market Avenue North, Canton, Ohio
44702-1544.
(iii) Butler, Clermont, Hamilton, and Warren Counties; Director,
Hamilton County Department of Environmental Services, 250 William
Howard Taft Road, Cincinnati, Ohio 45219-2660.
(iv) Cuyahoga County; Commissioner, Cleveland Department of Public
Health, Division of Air Quality, 75 Erieview Plaza 2nd Floor,
Cleveland, Ohio 44114.
(v) Clark, Darke, Greene, Miami, Montgomery, and Preble Counties;
Director, Regional Air Pollution Control Agency, 117 South Main Street,
Dayton, Ohio 45422-1280.
(vi) Lucas County and the City of Rossford (in Wood County);
Director, City of Toledo, Division of Environmental Services, 348 South
Erie Street, Toledo, OH 43604.
(vii) Adams, Brown, Lawrence, and Scioto Counties; Portsmouth Local
Air Agency, 605 Washington Street, Third Floor, Portsmouth, OH 45662.
(viii) Allen, Ashland, Auglaize, Crawford, Defiance, Erie, Fulton,
Hancock, Hardin, Henry, Huron, Marion, Mercer, Ottawa, Paulding,
Putnam, Richland, Sandusky, Seneca, Van Wert Williams, Wood (Except
City of Rossford), and Wyandot Counties; Ohio Environmental Protection
Agency, Northwest District Office, Air Pollution Control, 347 North
Dunbridge Road, Bowling Green, Ohio 43402.
(ix) Ashtabula, Caroll, Colombiana, Holmes, Lorain, and Wayne
Counties; Ohio Environmental Protection Agency, Northeast District
Office, Air Pollution Unit, 2110 East Aurora Road, Twinsburg, OH 44087.
(x) Athens, Belmont, Coshocton, Gallia, Guemsey, Harrison, Hocking,
Jackson, Jefferson, Meigs, Monroe, Morgan, Muskingum, Noble, Perry,
Pike, Ross, Tuscarawas, Vinton, and Washington Counties; Ohio
Environmental Protection Agency, Southeast District Office, Air
Pollution Unit, 2195 Front Street, Logan, OH 43138.
(xi) Champaign, Clinton, Highland, Logan, and Shelby Counties; Ohio
Environmental Protection Agency, Southwest District Office, Air
Pollution Unit, 401 East Fifth Street, Dayton, Ohio 45402-2911.
(xii) Delaware, Fairfield, Fayette, Franklin, Knox, Licking,
Madison, Morrow, Pickaway, and Union Counties; Ohio Environmental
Protection Agency, Central District Office, Air Pollution control, 50
West Town Street, Suite 700, Columbus, Ohio 43215.
(xiii) Geauga and Lake Counties; Lake County General Health
District, Air Pollution Control, 33 Mill Street, Painesville, OH 44077.
(xiv) Mahoning and Trumbull Counties; Mahoning-Trumbull Air
Pollution Control Agency, 345 Oak Hill Avenue, Suite 200, Youngstown,
OH 44502.
* * * * *
(YY) State of Wisconsin: Wisconsin Department of Natural Resouces,
101 South Webster St., P.O. Box 7921, Madison, Wisconsin 53707-7921.
* * * * *
PART 61--[AMENDED]
0
9. The authority citation for part 61 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart A--General Provisions
0
10. Section 61.04 is amended by revising paragraphs (b)(O), (b)(P),
(b)(X), (b)(Y), (b)(KK), and (b)(YY) to read as follows:
Sec. 61.04 Address.
* * * * *
(b) * * *
(O) State of Illinois: Illinois Environmental Protection Agency,
1021 North Grand Avenue East, Springfield, Illinois 62794.
(P) State of Indiana: Indiana Department of Environmental
Management, Office of Air Quality, 100 North Senate Avenue,
Indianapolis, Indiana 46204.
* * * * *
(X) State of Michigan: Michigan Department of Natural Resources and
Environment Quality, Air Quality Division, P.O. 30028, Lansing,
Michigan 48909.
(Y) State of Minnesota: Minnesota Pollution Control Agency,
Division of Air Quality, 520 Lafayette Road North, St. Paul, Minnesota
55155.
* * * * *
(KK) State of Ohio:
(i) Medina, Summit and Portage Counties; Director, Akron Regional
Air Quality Management District, 146 South High Street, Room 904,
Akron, OH 44308.
(ii) Stark County; Director, Canton City Health Department, Air
Pollution Control Division, 420 Market Avenue North, Canton, Ohio
44702-1544.
(iii) Butler, Clermont, Hamilton, and Warren Counties; Director,
Hamilton County Department of Environmental
[[Page 55277]]
Services, 250 William Howard Taft Road, Cincinnati, Ohio 45219-2660.
(iv) Cuyahoga County; Commissioner, Cleveland Department of Public
Health, Division of Air Quality, 75 Erieview Plaza 2nd Floor,
Cleveland, Ohio 44114.
(v) Clark, Darke, Greene, Miami, Montgomery, and Preble Counties;
Director, Regional Air Pollution Control Agency, 117 South Main Street,
Dayton, Ohio 45422-1280.
(vi) Lucas County and the City of Rossford (in Wood County);
Director, City of Toledo, Division of Environmental Services, 348 South
Erie Street, Toledo, OH 43604.
(vii) Adams, Brown, Lawrence, and Scioto Counties; Portsmouth Local
Air Agency, 605 Washington Street, Third Floor, Portsmouth, OH 45662.
(viii) Allen, Ashland, Auglaize, Crawford, Defiance, Erie, Fulton,
Hancock, Hardin, Henry, Huron, Marion, Mercer, Ottawa, Paulding,
Putnam, Richland, Sandusky, Seneca, Van Wert Williams, Wood (Except
City of Rossford), and Wyandot Counties; Ohio Environmental Protection
Agency, Northwest District Office, Air Pollution Control, 347 North
Dunbridge Road, Bowling Green, Ohio 43402.
(ix) Ashtabula, Caroll, Colombiana, Holmes, Lorain, and Wayne
Counties; Ohio Environmental Protection Agency, Northeast District
Office, Air Pollution Unit, 2110 East Aurora Road, Twinsburg, OH 44087.
(x) Athens, Belmont, Coshocton, Gallia, Guemsey, Harrison, Hocking,
Jackson, Jefferson, Meigs, Monroe, Morgan, Muskingum, Noble, Perry,
Pike, Ross, Tuscarawas, Vinton, and Washington Counties; Ohio
Environmental Protection Agency, Southeast District Office, Air
Pollution Unit, 2195 Front Street, Logan, OH 43138.
(xi) Champaign, Clinton, Highland, Logan, and Shelby Counties; Ohio
Environmental Protection Agency, Southwest District Office, Air
Pollution Unit, 401 East Fifth Street, Dayton, Ohio 45402-2911.
(xii) Delaware, Fairfield, Fayette, Franklin, Knox, Licking,
Madison, Morrow, Pickaway, and Union Counties; Ohio Environmental
Protection Agency, Central District Office, Air Pollution control, 50
West Town Street, Suite 700, Columbus, Ohio 43215.
(xiii) Geauga and Lake Counties; Lake County General Health
District, Air Pollution Control, 33 Mill Street, Painesville, OH 44077.
(xiv) Mahoning and Trumbull Counties; Mahoning-Trumbull Air
Pollution Control Agency, 345 Oak Hill Avenue, Suite 200, Youngstown,
OH 44502.
* * * * *
(YY) State of Wisconsin: Wisconsin Department of Natural Resources,
101 South Webster St., P.O. Box 7921, Madison, Wisconsin 53707-7921.
101 South Webster St., P.O. Box 7921, Madison, Wisconsin 53707-7921.
* * * * *
[FR Doc. 2010-22330 Filed 9-9-10; 8:45 am]
BILLING CODE 6560-50-P
