Change of Address for Region 4, State and Local Agencies; Technical Correction, 23396-23399 [2012-9234]

Download as PDF 23396 Federal Register / Vol. 77, No. 76 / Thursday, April 19, 2012 / Rules and Regulations TABLE 1 1. Intrepid Air and Sea Museum Fireworks ............................................. Pier 90 Hudson River Safety Zone 33 CFR 165.160(5.4) 2. Heritage of Pride Fireworks ............................................................... Pier 54 Hudson River Safety Zone 33 CFR 165.160(5.8) 3. Celebrate the Amboy’s Fireworks ...................................................... Raritan Bay Safety Zone 33 CFR 165.160(2.5) Under the provisions of 33 CFR 165.160, a vessel may not enter the regulated area unless given express permission from the COTP or the designated representative. Spectator vessels may transit outside the regulated area but may not anchor, block, loiter in, or impede the transit of other vessels. The Coast Guard may be assisted by other Federal, State, or local law enforcement agencies in enforcing this regulation. This notice is issued under authority of 33 CFR 165.160(a) and 5 U.S.C. 552(a). In addition to this notice in the Federal Register, the Coast Guard will provide mariners with advanced notification of enforcement periods via the Local Notice to Mariners and marine information broadcasts. If the COTP determines that the regulated area need not be enforced for the full duration stated in this notice, a Broadcast Notice to Mariners may be used to grant general permission to enter the regulated area. Dated: April 4, 2012. L.L. Fagan, Rear Admiral, U.S. Coast Guard, Captain of the Port New York. [FR Doc. 2012–9363 Filed 4–18–12; 8:45 am] BILLING CODE 9110–04–P DATES: • Launch site: A barge located in approximate position 40°46′11.8″ N, 074°00′14.8″ W (NAD 1983), approximately 375 yards west of Pier 90, Manhattan, NY. • Date: May 23, 2012. • Rain Date: May 24, 2012. • Time: 09:30 p.m.–10:42 p.m. • Launch site: A barge located in approximate position 40°44′31″ N, 074°01′00″ W (NAD 1983), approximately 380 yards west of Pier 54, Manhattan, NY. • Date: June 24, 2012. • Time: 10:00 p.m.–11:20 p.m. • Launch site: A barge located in approximate position 40°30′04″ N 074°15′35″ W (NAD 1983), about 240 yards east of Raritan River Cutoff Channel Buoy 2 (LLNR 36595). • Date: July 3, 2012. • Time: 8:45 p.m.–10:05 p.m. This rule is effective May 21, 2012. Mail or deliver written comments to the Manager, Payment Technology, U.S. Postal Service, 475 L’Enfant Plaza SW., Room 3436, Washington, DC 20260–0911. Copies of all written comments will be available for inspection and photocopying between 9 a.m. and 4 p.m., Monday through Friday, at the Payment Technology office. FOR FURTHER INFORMATION CONTACT: Marlo Kay Ivey, Business Programs Specialist, Payment Technology, U.S. Postal Service, at 202–268–7613. SUPPLEMENTARY INFORMATION: Providers currently must disclose all findings or results of any testing concerning the security or revenue protection features, capabilities, or failings of any PES, as well as all potential security weaknesses or methods of tampering with the PES. This rule applies the same standard to cyber attacks against the provider’s systems. Stanley F. Mires, Attorney, Legal Policy & Legislative Advice. List of Subjects in 39 CFR Part 501 [FR Doc. 2012–9396 Filed 4–18–12; 8:45 am] Postal Service. Accordingly, for the reasons stated, 39 CFR Part 501 is amended as follows: BILLING CODE 7710–12–P ADDRESSES: PART 501—AUTHORIZATION TO MANUFACTURE AND DISTRIBUTE POSTAGE EVIDENCING SYSTEMS POSTAL SERVICE 39 CFR Part 501 (3) Cyber attacks that include, but are not limited to, gaining unauthorized access to digital systems for purposes of misappropriating assets or sensitive information, corrupting data, or causing operational disruption. Cyber attacks may also be carried out in a manner that does not require gaining unauthorized access, such as by causing denial-ofservice attacks on Web sites. Cyber attacks may be carried out by third parties or insiders using techniques that range from highly sophisticated efforts to electronically circumvent network security or overwhelm Web sites to more traditional intelligence gathering and social engineering aimed at obtaining information necessary to gain access. Cyber security risk disclosures reported must adequately describe the nature of the material risks and specify how each risk affects the Postage Evidencing System. * * * * * 1. The authority citation for 39 CFR Part 501 continues to read as follows: ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52, 60 and 61 [FRL 9660–3] ■ srobinson on DSK4SPTVN1PROD with RULES Revisions to the Requirements for Authority To Manufacture and Distribute Postage Evidencing Systems Postal Service TM. ACTION: Final rule. AGENCY: This rule establishes the responsibility of the providers of Postage Evidencing Systems (PES) to notify the U.S. Postal Service® of any cyber attacks to their systems. 16:05 Apr 18, 2012 2. Section 501.11 is amended by adding paragraph (b)(3) as follows: ■ SUMMARY: VerDate Mar<15>2010 Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 401, 403, 404, 410, 2601, 2605, Inspector General Act of 1978, as amended (Pub. L. 95– 452, as amended); 5 U.S.C. App. 3. Jkt 226001 § 501.11 Reporting Postage Evidencing System security weaknesses. * PO 00000 * * (b) * * * Frm 00024 * Fmt 4700 * Sfmt 4700 Change of Address for Region 4, State and Local Agencies; Technical Correction Environmental Protection Agency (EPA). ACTION: Final rule; technical amendment. AGENCY: EPA is amending its regulations to reflect a change in address for EPA’s Region 4 office as well as the state agencies for Georgia, SUMMARY: E:\FR\FM\19APR1.SGM 19APR1 Federal Register / Vol. 77, No. 76 / Thursday, April 19, 2012 / Rules and Regulations srobinson on DSK4SPTVN1PROD with RULES Mississippi, North Carolina and local agencies for Forsyth County, Mecklenburg County Land Use & Environmental Services Agency and Western North Carolina Regional Air Quality Agency. The jurisdiction of EPA Region 4 includes the States of Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina and Tennessee. Certain EPA air pollution control regulations requiring submittal of notifications, reports and other documents to the EPA Regional office must also be submitted to the appropriate authorized state or local agency. This technical amendment updates and corrects the addresses for submitting such information to the EPA’s Region 4 office as well as the state and local agency offices. DATES: This final rule is effective April 19, 2012. FOR FURTHER INFORMATION CONTACT: Lisa McKinley, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960– 8960. The telephone number is (404) 562–9403. Ms. McKinley can also be reached via electronic mail at mckinley.lisa@epa.gov. SUPPLEMENTARY INFORMATION: I. Background EPA is amending its regulations in 40 CFR parts 52, 60 and 61 to reflect a change in the address for EPA’s Region 4 office as well as the state agencies for Georgia, Mississippi, North Carolina and local agencies for Forsyth County, Mecklenburg County Land Use & Environmental Services Agency, and Western North Carolina Regional Air Quality Agency. This technical amendment merely updates and corrects the address for EPA’s Region 4 office as well as the state and local agencies. This action is editorial in nature and is intended to provide accuracy and clarity to the Agency’s regulations. Consequently, EPA has determined that today’s rule falls under the ‘‘good cause’’ exemption in section 553(b)(3)(B) of the Administrative Procedures Act (APA) which, upon finding ‘‘good cause,’’ authorizes agencies to dispense with public participation and section 553(d)(3) which allows an agency to make a rule effective immediately (thereby avoiding the 30-day delayed effective date otherwise provided for in the APA). Under section 553 of the APA, an agency may find good cause where procedures are ‘‘impractical, unnecessary, or contrary to the public VerDate Mar<15>2010 16:05 Apr 18, 2012 Jkt 226001 interest. ‘‘Public comment is ‘‘unnecessary’’ and ‘‘contrary to the public interest’’ since the address for EPA’s Region 4 office as well as the state and local agencies has changed and immediate notice in the CFR benefits the public by updating citations. II. Statutory and Executive Order Reviews This final rule implements technical amendments to 40 CFR parts 52, 60 and 61 to reflect a change in the address for EPA’s Region 4 office as well as the state and local agencies. It does not otherwise impose or amend any requirements. Consequently, under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ‘‘significant regulatory action’’ and therefore is not subject to review by the Office of Management and Budget. The rule would not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Because this action is merely editorial in nature, the Administrator certifies that it would not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). The rule does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4). This action does not have Federalism implications because it would not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). Additionally, it does not have tribal implications because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the federal government and Indian tribes, or on the distribution of power and responsibilities between the federal government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This rule also is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 ‘‘Protection of Children from Environmental Health Risks and Safety Risks’’ (62 FR 19885, April 23, 1997), nor is it subject to Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001). It does not involve any technical standards that require the Agency’s consideration of voluntary PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 23397 consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act of 1995, Public Law 104–113, section 12(d) (15 U.S.C. 272 note). Finally, it does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods under Executive Order 12898 (59 FR 7629, February 16, 1994). III. Congressional Review Act The Congressional Review Act (CRA), 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. Section 808 of the CRA allows the issuing agency to make a rule effective sooner than otherwise provided by the CRA, if the agency makes a good cause finding that notice and public procedure is impracticable, unnecessary, or contrary to the public interest. This determination must be supported by a brief statement (5 U.S.C. 808(2)). As stated earlier, EPA has made such a good cause finding, including the reasons therefore, and established an effective date of April 19, 2012. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). List of Subjects 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. 40 CFR Part 60 Environmental protection, Administrative practice and procedure, Air pollution control, Aluminum, Ammonium sulfate plants, Batteries, Beverages, Carbon monoxide, Cement industry, Chemicals, Coal, Copper, Dry cleaners, Electric power plants, Fertilizers, Fluoride, Gasoline, Glass E:\FR\FM\19APR1.SGM 19APR1 23398 Federal Register / Vol. 77, No. 76 / Thursday, April 19, 2012 / Rules and Regulations 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. be located in the State of Mississippi shall be submitted to the State agency, Hand Deliver or Courier: Mississippi Department of Environmental Quality, Office of Pollution Control, Air Division, 515 East Amite Street, Jackson, Mississippi 39201; Mailing Address: Mississippi Department of Environmental Quality, Office of Pollution Control, Air Division, P.O. Box 2261, Jackson, Mississippi 39225, rather than to EPA’s Region 4 office. (b) [Reserved] Subpart II—North Carolina 4. Section 52.1778 is amended by revising paragraph (c) to read as follows: ■ 40 CFR Part 61 § 52.1778 quality. Environmental protection, Air pollution control, Arsenic, Asbestos, Benzene, Beryllium, Hazardous substances, Mercury, Radionuclides, Radon, Reporting and recordkeeping requirements, Uranium, Vinyl chloride. * Dated: March 26, 2012. A. Stanley Meiburg, Acting Regional Administrator, Region 4. 40 CFR parts 52, 60 and 61 are amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401. Subpart L—Georgia 2. Section 52.581 is revised to read as follows: ■ § 52.581 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, Air Protection Branch, 4244 International Parkway, Suite 120, Atlanta, Georgia 30354 rather than to EPA’s Region 4 office. (b) [Reserved] srobinson on DSK4SPTVN1PROD with RULES Subpart Z—Mississippi 3. Section 52.1280 is revised to read as follows: ■ § 52.1280 quality. (a) All applications and other information required pursuant to § 52.21 of this part from sources located or to VerDate Mar<15>2010 16:05 Apr 18, 2012 Jkt 226001 * * * * (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, Forsyth County Environmental Affairs, 201 North Chestnut Street, Winston-Salem, North Carolina 27101 or Forsyth County Air Quality Section, 537 North Spruce Street, Winston-Salem, North Carolina 27101; Mecklenburg County Land Use & Environmental Services Agency, Air Quality, 700 N. Tryon St., Suite 205, Charlotte, North Carolina 28202–2236; Western North Carolina Regional Air Quality Agency, 49 Mount Carmel Road, Asheville, North Carolina 28806, rather than to EPA’s Region 4 office. PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 7. The authority citation for part 61 continues to read as follows: ■ 5. The authority citation for part 60 continues to read as follows: Authority: 42 U.S.C. 7401. ■ Authority: 42 U.S.C. 7401. Subpart A—General Provisions 6. Section 60.4 is amended by: a. Revising the Region IV listing in paragraph (a). ■ b. Revising paragraphs (b)(L), (b)(Z), and (b)(II). The revisions read as follows: ■ ■ § 60.4 Significant deterioration of air Significant deterioration of air Agency, 61 Forsyth St. SW., Suite 9T43, Atlanta, Georgia 30303–8960. * * * * * (b) * * * (L) State of Georgia: Georgia Department of Natural Resources, Environmental Protection Division, Air Protection Branch, 4244 International Parkway, Suite 120, Atlanta, Georgia 30354. * * * * * (Z) State of Mississippi: Hand Deliver or Courier: Mississippi Department of Environmental Quality, Office of Pollution Control, Air Division, 515 East Amite Street, Jackson, Mississippi 39201, Mailing Address: Mississippi Department of Environmental Quality, Office of Pollution Control, Air Division, P.O. Box 2261, Jackson, Mississippi 39225. * * * * * (II) State of North Carolina: North Carolina Department of Environment and Natural Resources, Division of Air Quality, 1641 Mail Service Center, Raleigh, North Carolina 27699–1641 or local agencies, Forsyth County Environmental Affairs, 201 North Chestnut Street, Winston-Salem, North Carolina 27101 or Forsyth County Air Quality Section, 537 North Spruce Street, Winston-Salem, North Carolina 27101; Mecklenburg County Land Use & Environmental Services Agency, Air Quality, 700 N. Tryon St., Suite 205, Charlotte, North Carolina 28202–2236; Western North Carolina Regional Air Quality Agency, 49 Mount Carmel Road, Asheville, North Carolina 28806. * * * * * Address. (a) * * * Region 4 (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee), Director, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 Subpart A—General Provisions 8. Section 61.04 is amended by: a. Revising the Region IV listing in paragraph (a). ■ b. Revising paragraphs (b)(L), (b)(Z), and (b)(II). The revisions read as follows: ■ ■ § 61.04 Address. (a) * * * Region 4 (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee), Director, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, 61 Forsyth St. SW., Suite 9T43, Atlanta, Georgia 30303–8960. * * * * * E:\FR\FM\19APR1.SGM 19APR1 Federal Register / Vol. 77, No. 76 / Thursday, April 19, 2012 / Rules and Regulations (b) * * * (L) State of Georgia: Georgia Department of Natural Resources, Environmental Protection Division, Air Protection Branch, 4244 International Parkway, Suite 120, Atlanta, Georgia 30354. * * * * * (Z) State of Mississippi: Hand Deliver or Courier: Mississippi Department of Environmental Quality, Office of Pollution Control, Air Division, 515 East Amite Street, Jackson, Mississippi 39201, Mailing Address: Mississippi Department of Environmental Quality, Office of Pollution Control, Air Division, P.O. Box 2261, Jackson, Mississippi 39225. * * * * * (II) State of North Carolina: North Carolina Department of Environment and Natural Resources, Division of Air Quality, 1641 Mail Service Center, Raleigh, North Carolina 27699–1641 or local agencies, Forsyth County Environmental Affairs, 201 North Chestnut Street, Winston-Salem, North Carolina 27101 or Forsyth County Air Quality Section, 537 North Spruce Street, Winston-Salem, North Carolina 27101; Mecklenburg County Land Use & Environmental Services Agency, Air Quality, 700 N. Tryon St., Suite 205, Charlotte, North Carolina 28202–2236; Western North Carolina Regional Air Quality Agency, 49 Mount Carmel Road, Asheville, North Carolina 28806. * * * * * [FR Doc. 2012–9234 Filed 4–18–12; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 60 and 63 [EPA–HQ–OAR–2009–0234; EPA–HQ–OAR– 2011–0044; FRL–9654–8] RIN 2060–AP52 and 2060–AR31 National Emission Standards for Hazardous Air Pollutants From Coaland Oil-Fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-CommercialInstitutional, and Small IndustrialCommercial-Institutional Steam Generating Units; Correction Environmental Protection Agency (EPA). ACTION: Final rule; correction. AGENCY: This document corrects certain preamble and regulatory text. This action corrects typographical errors, such as cross-reference errors and certain preamble text that is not consistent with the final regulatory text, which published in the Federal Register on Thursday, February 16, 2012 (77 FR 9304). DATES: Effective date: April 19, 2012. FOR FURTHER INFORMATION CONTACT: For the NESHAP action: Mr. William Maxwell, Energy Strategies Group, Sector Policies and Programs Division, (D243–01), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; Telephone number: (919) 541– 5430; Fax number (919) 541–5450; email address: maxwell.bill@epa.gov. For the new source performance standard (NSPS) action: Mr. Christian Fellner, Energy Strategies Group, Sector Policies and Programs Division, (D243– 01), Office of Air Quality Planning and Standards, U.S. Environmental SUMMARY: 23399 Protection Agency, Research Triangle Park, North Carolina 27711; Telephone number: (919) 541–4003; Fax number (919) 541–5450; email address: fellner.christian@epa.gov. This document corrects certain preamble and regulatory text. It is proper to issue this final rule correction without notice and comment. Section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(B), provides that, when an agency for good cause finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest, the agency may issue a rule without providing notice and an opportunity for public comment. We have determined that there is good cause for making this action final without prior proposal and opportunity for comment because the changes to the rule are minor technical corrections, are noncontroversial, and do not substantively change the agency actions taken in the final rule. Notice and comment is unnecessary, because these changes do not affect the rights or obligations of outside parties, and do not alter the substantive requirements of the code of federal regulations (CFR), except to the extent that one regulatory provision included an inadvertent typographical error that EPA must amend to align with the plain text of the Clean Air Act (CAA). We find that this constitutes good cause under 5 U.S.C. 553(b)(B).The corrections can be categorized generally as follows: Correction of typographical errors (e.g., cross-reference errors) and correction of certain preamble text that does not conform to the final regulatory text. Below, we identify each technical correction to the preamble and regulatory text. 1. Table 5 on page 9368 is corrected to read as follows: SUPPLEMENTARY INFORMATION: TABLE 5—ALTERNATE EMISSION LIMITATIONS FOR EXISTING COAL- AND OIL-FIRED EGUS Subcategory/pollutant Coal-fired EGUs IGCC Liquid oil, continental Liquid oil, non-continental Solid oil-derived SO2 ............................. 2.0E–1 lb/MMBtu (1.5E0 lb/MWh). 5.0E–5 lb/MMBtu (5.0E–1 lb/GWh). 8.0E–1 lb/TBtu (8.0E–3 lb/GWh). 1.1E0 lb/TBtu (2.0E– 2 lb/GWh). 2.0E–1 lb/TBtu (2.0E–3 lb/GWh). 3.0E–1 lb/TBtu (3.0E–3 lb/GWh). 2.8E0 lb/TBtu (3.0E– 2 lb/GWh). 8.0E–1 lb/TBtu (8.0E–3 lb/GWh). NA ............................ NA ............................ NA ................................... 6.0E–5 lb/MMBtu (5.0E–1 lb/GWh). 1.4E0 lb/TBtu (2.0E– 2 lb/GWh). 1.5E0 lb/TBtu (2.0E– 2 lb/GWh). 1.0E–1 lb/TBtu (1.0E–3 lb/GWh). 1.5E–1 lb/TBtu (2.0E–3 lb/GWh). 2.9E0 lb/TBtu (3.0E– 2 lb/GWh). 1.2E0 lb/TBtu (2.0E– 2 lb/GWh). 8.0E–4 lb/MMBtu (8.0E–3 lb/MWh) a. 1.3E+1 lb/TBtu (2.0E–1 lb/GWh). 2.8E0 lb/TBtu (3.0E– 2 lb/GWh). 2.0E–1 lb/TBtu (2.0E–3 lb/GWh). 3.0E–1 lb/TBtu 2.0E–3 lb/GWh). 5.5E0 lb/TBtu (6.0E– 2 lb/GWh). 2.1E+1 lb/TBtu (3.0E–1 lb/GWh). 6.0E–4 lb/MMBtu(7.0E–3 lb/MWh) a. 2.2E0 lb/TBtu (2.0E–2 lb/ GWh). 4.3E0 lb/TBtu (8.0E–2 lb/ GWh). 6.0E–1 lb/TBtu (3.0E–3 lb/GWh). 3.0E–1 lb/TBtu (3.0E–3 lb/GWh). 3.1E+1 lb/TBtu (3.0E–1 lb/GWh). 1.1E+2 lb/TBtu (1.4E0 lb/ GWh). 3.0E–1 lb/MMBtu (2.0E0 lb/MWh). 4.0E–5 lb/MMBtu (6.0E–1 lb/GWh). 8.0E–1 lb/TBtu (7.0E–3 lb/GWh). 3.0E–1 lb/TBtu (5.0E–3 lb/GWh). 6.0E–2 lb/TBtu (5.0E–4 lb/GWh). 3.0E–1 lb/TBtu (4.0E–3 lb/GWh). 8.0E–1 lb/TBtu (2.0E–2 lb/GWh). 1.1E0 lb/TBtu (2.0E– 2 lb/GWh). Total non-mercury metals. Antimony, Sb .............. srobinson on DSK4SPTVN1PROD with RULES Arsenic, As ................. Beryllium, Be .............. Cadmium, Cd ............. Chromium, Cr ............. Cobalt, Co .................. VerDate Mar<15>2010 16:05 Apr 18, 2012 Jkt 226001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1

Agencies

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


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52, 60 and 61

[FRL 9660-3]


Change of Address for Region 4, State and Local Agencies; 
Technical Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical amendment.

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

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

[[Page 23397]]

Mississippi, North Carolina and local agencies for Forsyth County, 
Mecklenburg County Land Use & Environmental Services Agency and Western 
North Carolina Regional Air Quality Agency. The jurisdiction of EPA 
Region 4 includes the States of Alabama, Florida, Georgia, Kentucky, 
Mississippi, North Carolina, South Carolina and Tennessee. Certain EPA 
air pollution control regulations requiring submittal of notifications, 
reports and other documents to the EPA Regional office must also be 
submitted to the appropriate authorized state or local agency. This 
technical amendment updates and corrects the addresses for submitting 
such information to the EPA's Region 4 office as well as the state and 
local agency offices.

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

FOR FURTHER INFORMATION CONTACT: Lisa McKinley, Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth 
Street SW., Atlanta, Georgia 30303-8960-8960. The telephone number is 
(404) 562-9403. Ms. McKinley can also be reached via electronic mail at 
mckinley.lisa@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    EPA is amending its regulations in 40 CFR parts 52, 60 and 61 to 
reflect a change in the address for EPA's Region 4 office as well as 
the state agencies for Georgia, Mississippi, North Carolina and local 
agencies for Forsyth County, Mecklenburg County Land Use & 
Environmental Services Agency, and Western North Carolina Regional Air 
Quality Agency. This technical amendment merely updates and corrects 
the address for EPA's Region 4 office as well as the state and local 
agencies. This action is editorial in nature and is intended to provide 
accuracy and clarity to the Agency's regulations. Consequently, EPA has 
determined that today's rule falls under the ``good cause'' exemption 
in section 553(b)(3)(B) of the Administrative Procedures Act (APA) 
which, upon finding ``good cause,'' authorizes agencies to dispense 
with public participation and section 553(d)(3) which allows an agency 
to make a rule effective immediately (thereby avoiding the 30-day 
delayed effective date otherwise provided for in the APA). Under 
section 553 of the APA, an agency may find good cause where procedures 
are ``impractical, unnecessary, or contrary to the public interest. 
``Public comment is ``unnecessary'' and ``contrary to the public 
interest'' since the address for EPA's Region 4 office as well as the 
state and local agencies has changed and immediate notice in the CFR 
benefits the public by updating citations.

II. Statutory and Executive Order Reviews

    This final rule implements technical amendments to 40 CFR parts 52, 
60 and 61 to reflect a change in the address for EPA's Region 4 office 
as well as the state and local agencies. It does not otherwise impose 
or amend any requirements. Consequently, under Executive Order 12866 
(58 FR 51735, October 4, 1993), this action is not a ``significant 
regulatory action'' and therefore is not subject to review by the 
Office of Management and Budget. The rule would not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Because this action is 
merely editorial in nature, the Administrator certifies that it would 
not have a significant economic impact on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
The rule does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4). This action does not have 
Federalism implications because it would not have substantial direct 
effects on the states, on the relationship between the national 
government and the states, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999). Additionally, 
it does not have tribal implications because it would not have a 
substantial direct effect on one or more Indian tribes, on the 
relationship between the federal government and Indian tribes, or on 
the distribution of power and responsibilities between the federal 
government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This rule also is not an economically 
significant regulatory action based on health or safety risks subject 
to Executive Order 13045 ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), nor is 
it subject to Executive Order 13211, ``Actions Concerning Regulations 
That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001). It does not involve any technical standards that 
require the Agency's consideration of voluntary consensus standards 
pursuant to section 12(d) of the National Technology Transfer and 
Advancement Act of 1995, Public Law 104-113, section 12(d) (15 U.S.C. 
272 note). Finally, it does not provide EPA with the discretionary 
authority to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods under Executive Order 12898 (59 FR 7629, February 16, 1994).

III. Congressional Review Act

    The Congressional Review Act (CRA), 5 U.S.C. 801 et seq., as added 
by the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. Section 808 of the CRA allows the issuing 
agency to make a rule effective sooner than otherwise provided by the 
CRA, if the agency makes a good cause finding that notice and public 
procedure is impracticable, unnecessary, or contrary to the public 
interest. This determination must be supported by a brief statement (5 
U.S.C. 808(2)). As stated earlier, EPA has made such a good cause 
finding, including the reasons therefore, and established an effective 
date of April 19, 2012. EPA will submit a report containing this rule 
and other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

List of Subjects

40 CFR Part 52

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

40 CFR Part 60

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

[[Page 23398]]

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

40 CFR Part 61

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

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

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

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

    Authority:  42 U.S.C. 7401.

Subpart L--Georgia

0
2. Section 52.581 is revised to read as follows:


Sec.  52.581  Significant deterioration of air quality.

    (a) All applications and other information required pursuant to 
Sec.  52.21 of this part from sources located in the State of Georgia 
shall be submitted to the State agency, Georgia Department of Natural 
Resources, Environmental Protection Division, Air Protection Branch, 
4244 International Parkway, Suite 120, Atlanta, Georgia 30354 rather 
than to EPA's Region 4 office.
    (b) [Reserved]

Subpart Z--Mississippi

0
3. Section 52.1280 is revised to read as follows:


Sec.  52.1280  Significant deterioration of air quality.

    (a) All applications and other information required pursuant to 
Sec.  52.21 of this part from sources located or to be located in the 
State of Mississippi shall be submitted to the State agency, Hand 
Deliver or Courier: Mississippi Department of Environmental Quality, 
Office of Pollution Control, Air Division, 515 East Amite Street, 
Jackson, Mississippi 39201; Mailing Address: Mississippi Department of 
Environmental Quality, Office of Pollution Control, Air Division, P.O. 
Box 2261, Jackson, Mississippi 39225, rather than to EPA's Region 4 
office.
    (b) [Reserved]

Subpart II--North Carolina

0
4. Section 52.1778 is amended by revising paragraph (c) to read as 
follows:


Sec.  52.1778  Significant deterioration of air quality.

* * * * *
    (c) All applications and other information required pursuant to 
Sec.  52.21 of this part from sources located or to be located in the 
State of North Carolina shall be submitted to the State agency, North 
Carolina Department of Environment and Natural Resources, Division of 
Air Quality, 1641 Mail Service Center, Raleigh, North Carolina 27699-
1641 or local agencies, Forsyth County Environmental Affairs, 201 North 
Chestnut Street, Winston-Salem, North Carolina 27101 or Forsyth County 
Air Quality Section, 537 North Spruce Street, Winston-Salem, North 
Carolina 27101; Mecklenburg County Land Use & Environmental Services 
Agency, Air Quality, 700 N. Tryon St., Suite 205, Charlotte, North 
Carolina 28202-2236; Western North Carolina Regional Air Quality 
Agency, 49 Mount Carmel Road, Asheville, North Carolina 28806, rather 
than to EPA's Region 4 office.

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

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

    Authority:  42 U.S.C. 7401.

Subpart A--General Provisions

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


Sec.  60.4  Address.

    (a) * * *
    Region 4 (Alabama, Florida, Georgia, Kentucky, Mississippi, North 
Carolina, South Carolina, Tennessee), Director, Air, Pesticides and 
Toxics Management Division, U.S. Environmental Protection Agency, 61 
Forsyth St. SW., Suite 9T43, Atlanta, Georgia 30303-8960.
* * * * *
    (b) * * *
    (L) State of Georgia: Georgia Department of Natural Resources, 
Environmental Protection Division, Air Protection Branch, 4244 
International Parkway, Suite 120, Atlanta, Georgia 30354.
* * * * *
    (Z) State of Mississippi: Hand Deliver or Courier: Mississippi 
Department of Environmental Quality, Office of Pollution Control, Air 
Division, 515 East Amite Street, Jackson, Mississippi 39201, Mailing 
Address: Mississippi Department of Environmental Quality, Office of 
Pollution Control, Air Division, P.O. Box 2261, Jackson, Mississippi 
39225.
* * * * *
    (II) State of North Carolina: North Carolina Department of 
Environment and Natural Resources, Division of Air Quality, 1641 Mail 
Service Center, Raleigh, North Carolina 27699-1641 or local agencies, 
Forsyth County Environmental Affairs, 201 North Chestnut Street, 
Winston-Salem, North Carolina 27101 or Forsyth County Air Quality 
Section, 537 North Spruce Street, Winston-Salem, North Carolina 27101; 
Mecklenburg County Land Use & Environmental Services Agency, Air 
Quality, 700 N. Tryon St., Suite 205, Charlotte, North Carolina 28202-
2236; Western North Carolina Regional Air Quality Agency, 49 Mount 
Carmel Road, Asheville, North Carolina 28806.
* * * * *

PART 61--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS

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

    Authority:  42 U.S.C. 7401.

Subpart A--General Provisions

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


Sec.  61.04  Address.

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

[[Page 23399]]

    (b) * * *
    (L) State of Georgia: Georgia Department of Natural Resources, 
Environmental Protection Division, Air Protection Branch, 4244 
International Parkway, Suite 120, Atlanta, Georgia 30354.
* * * * *
    (Z) State of Mississippi: Hand Deliver or Courier: Mississippi 
Department of Environmental Quality, Office of Pollution Control, Air 
Division, 515 East Amite Street, Jackson, Mississippi 39201, Mailing 
Address: Mississippi Department of Environmental Quality, Office of 
Pollution Control, Air Division, P.O. Box 2261, Jackson, Mississippi 
39225.
* * * * *
    (II) State of North Carolina: North Carolina Department of 
Environment and Natural Resources, Division of Air Quality, 1641 Mail 
Service Center, Raleigh, North Carolina 27699-1641 or local agencies, 
Forsyth County Environmental Affairs, 201 North Chestnut Street, 
Winston-Salem, North Carolina 27101 or Forsyth County Air Quality 
Section, 537 North Spruce Street, Winston-Salem, North Carolina 27101; 
Mecklenburg County Land Use & Environmental Services Agency, Air 
Quality, 700 N. Tryon St., Suite 205, Charlotte, North Carolina 28202-
2236; Western North Carolina Regional Air Quality Agency, 49 Mount 
Carmel Road, Asheville, North Carolina 28806.
* * * * *
[FR Doc. 2012-9234 Filed 4-18-12; 8:45 am]
BILLING CODE 6560-50-P
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