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Environmental Protection Agency (EPA).
Final rule; technical amendment.
The Environmental Protection Agency (EPA) is amending its regulations to reflect a change in address for EPA's Region 1 office. This action is editorial in nature and is intended to provide accuracy and clarity to the agency's regulations.
This final rule is effective August 11, 2011.
Donald O. Cooke, Air Quality Planning Unit, U.S. Environmental Protection Agency, EPA Region 1, Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post Office Square—Suite 100, (Mail code OEP05-2), Boston, MA 02109-3912, telephone number (617) 918-1668, fax number (617) 918-0668, e-mail cooke.donald@epa.gov.
EPA is amending its regulations in 40 CFR parts 1, 2, 21, 35, 49, 52, 59, 60, 61, 62, 63, 65, 82, 147, 282, 374, 707, and 763 to reflect a change in the address for EPA's Region 1 office. This technical amendment merely updates and corrects the address for EPA's Region 1 office. 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 Region 1 has changed and immediate notice in the CFR benefits the public by updating citations.
This final rule implements technical amendments to 40 CFR parts 1, 2, 21, 35, 49, 52, 59, 60, 61, 62, 63, 65, 82, 147, 282, 374, 707, and 763 to reflect a change in the address for EPA's Region 1 office. 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).
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 ( printed page 49670) 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 August 11, 2011. 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).
Dated: July 20, 2011.
Ira W. Leighton,
Acting Regional Administrator, EPA Region I.
40 CFR parts 1, 2, 21, 35, 49, 52, 59, 60, 61, 62, 63, 65, 82, 147, 282, 374, 707, and 763 are amended as follows:
1. The authority citation for part 1 continues to read as follows:
2. Section 1.7 is amended by revising paragraph (b)(1) to read as follows:
(1) Region I, U.S. Environmental Protection Agency, 5 Post Office Square—Suite 100, Boston, MA 02109- ( printed page 49671) 3912. (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont.)
3. The authority citation for part 2 continues to read as follows:
4. Section 2.101 is amended by revising paragraph (a)(1) to read as follows:
(a) * * *
(1) Region I (CT, ME, MA, NH, RI, VT): US EPA, FOI Officer, 5 Post Office Square—Suite 100, Boston, MA 02109-3912; e-mail: r1foia@epa.gov.
5. The authority citation for part 21 continues to read as follows:
6. Section 21.3 is amended by revising the first entry for Region I in the table in paragraph (a) to read as follows:
(a) * * *
| Region | Address | State |
|---|---|---|
| I | Regional Administrator, Region I, EPA, 5 Post Office Square—Suite 100, Boston, MA 02109-3912 | Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. |
| * * * * * * * | ||
7. The authority citation for part 35 continues to read as follows:
8. Section 35.4275 is amended by revising paragraph (a) to read as follows:
(a) TAG Coordinator or Grants Office, U.S. EPA Region I, 5 Post Office Square—Suite 100, Boston, MA 02109-3912
9. The authority citation for part 49 continues to read as follows:
10. Section 49.201 is amended by revising paragraph (b)(3) to read as follows:
(b) * * *
(3) Copies of the materials incorporated by reference may be inspected at the New England Regional Office of EPA at 5 Post Office Square—Suite 100, Boston, MA 02109-3912; the U.S. Environmental Protection Agency, EPA Docket Center (EPA/DC), Air and Radiation Docket and Information Center, MC 2822T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460 and the National Archives and Records Administration. If you wish to obtain material from the EPA Regional Office, please call 617-918-1653; for materials from the docket in EPA Headquarters Library, please call the Office of Air and Radiation docket at 202-566-1742. For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
11. The authority citation for part 52 continues to read as follows:
12. Section 52.02 is amended by revising paragraph (d)(2)(i) to read as follows:
(d) * * *
(2) * * *
(i) Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. Environmental Protection Agency, Region 1, 5 Post Office Square—Suite 100, Boston, MA 02109-3912.
13. Section 52.16 is amended by revising paragraph (b)(1) to read as follows:
(b) * * *
(1) Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. EPA Region 1, 5 Post Office Square—Suite 100, Boston, MA 02109-3912.
14. Section 52.1020 is amended by revising paragraph (b)(3) to read as follows:
(b) * * *
(3) Copies of the materials incorporated by reference may be inspected at the Environmental Protection Agency, New England Regional Office, 5 Post Office Square—Suite 100, Boston, MA 02109-3912; Air and Radiation Docket and Information ( printed page 49672) Center, EPA West Building, 1301 Constitution Ave., NW., Washington, DC 20460; and the National Archives and Records Administration (NARA). If you wish to obtain materials from a docket in the EPA Headquarters Library, please call the Office of Air and Radiation (OAR) Docket/Telephone number (202) 566-1742. For information on the availability of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
15. Section 52.1520 is amended by revising paragraph (b)(3) to read as follows:
(b) * * *
(3) Copies of the materials incorporated by reference may be inspected at the Environmental Protection Agency, New England Regional Office, 5 Post Office Square—Suite 100, Boston, MA 02109-3912; Air and Radiation Docket and Information Center, EPA West Building, 1301 Constitution Ave., NW., Washington, DC 20460; and the National Archives and Records Administration (NARA). If you wish to obtain materials from the EPA Regional Office, please call (617) 918-1668; for materials from a docket in the EPA Headquarters Library, please call the Office of Air and Radiation (OAR) Docket at (202) 566-1742. For information on the availability of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
16. Section 52.2070 is amended by revising in paragraph (b)(3) to read as follows:
(b) * * *
(3) Copies of the materials incorporated by reference may be inspected at the New England Regional Office of EPA at 5 Post Office Square—Suite 100, Boston, MA 02109-3912; the EPA, Air and Radiation Docket and Information Center, Room Number 3334, EPA West Building, 1301 Constitution Ave., NW., Washington, DC 20460, and the National Archives and Records Administration [NARA]. If you wish to obtain materials from a docket in the EPA Regional Office, please call telephone number (617) 918-1668; for material from a docket in EPA Headquarters Library, please call the Office of Air and Radiation (OAR) Docket/Telephone number (202) 566-1742. For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
17. Section 52.2370 is amended by revising paragraph (b)(3) to read as follows:
(b) * * *
(3) Copies of the materials incorporated by reference may be inspected at the New England Regional Office of EPA at 5 Post Office Square—Suite 100, Boston, MA 02109-3912; the EPA, Air and Radiation Docket and Information Center, Air Docket (Mail Code 6102T), Room B-108, 1301 Constitution Avenue, NW., Washington, DC 20460 and the National Archives and Records Administration. For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
18. The authority citation for part 59 continues to read as follows:
19. Section 59.107 is amended by revising the address for Region I to read as follows:
EPA Region I (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont), Director, Office of Environmental Stewardship, Mailcode: OES04-5, 5 Post Office Square—Suite 100, Boston, MA 02109-3912.
20. Section 59.210 is amended by revising the address for Region I to read as follows:
EPA Region I (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont), Director, Office of Ecosystem Protection, 5 Post Office Square—Suite 100, Boston, MA 02109-3912.
21. Section 59.409 is amended by revising the address for Region I in paragraph (a) to read as follows:
(a) * * *
EPA Region I (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont), Director, Office of Environmental Stewardship, Mailcode: OES04-5, 5 Post Office Square—Suite 100, Boston, MA 02109-3912.
22. Section 59.512 is amended by revising the address for Region I to read as follows:
EPA Region I (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont), Director, Office of Environmental Stewardship, 5 Post Office Square—Suite 100, Boston, MA 02109-3912.
23. The authority citation for part 60 continues to read as follows:
24. Section 60.4 is amended by revising the address for Region I in paragraph (a) to read as follows:
(a) * * * Region I (Connecticut, Maine, Massachusetts, New Hampshire, ( printed page 49673) Rhode Island, Vermont), Director, Office of Ecosystem Protection, U.S. Environmental Protection Agency, 5 Post Office Square—Suite 100, Boston, MA 02109-3912.
25. The authority citation for part 61 continues to read as follows:
26. Section 61.04 is amended by revising the address for Region I in paragraph (a) to read as follows:
(a) * * *
Region I (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont), Director, Office of Ecosystem Protection, U.S. Environmental Protection Agency, 5 Post Office Square—Suite 100, Boston, MA 02109-3912.
27. The authority citation for part 62 continues to read as follows:
28. Section 62.10 is amended by revising the first entry for Region I address in the table to read as follows:
| Region and jurisdiction covered | Address |
|---|---|
| I—Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont | 5 Post Office Square—Suite 100, Boston, MA 02109-3912. |
| * * * * * * * | |
29. The authority citation for part 63 continues to read as follows:
30. Section 63.13 is amended by revising the address for Region I in paragraph (a) to read as follows:
(a) * * *
EPA Region I (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont), Director, Office of Ecosystem Protection, 5 Post Office Square—Suite 100, Boston, MA 02109-3912.
31. The authority citation for part 65 continues to read as follows:
32. Section 65.14 is amended by revising the address for Region I in paragraph (a) to read as follows:
(a) * * *
Region I (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont), Director, Office of Ecosystem Protection, U.S. Environmental Protection Agency, 5 Post Office Square—Suite 100, Boston, MA 02109-3912.
33. The authority citation for part 82 continues to read as follows:
34. Section 82.42 is amended by revising paragraph (a)(1)(iii)(A) to read as follows:
(a) * * *
(1) * * *
(iii) * * *
(A) Owners or lessees of recycling or recovery equipment having their places of business in Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont must send their certifications to: CAA section 609 Enforcement Contact; EPA Region I; Mail Code OES04-5; 5 Post Office Square—Suite 100, Boston, MA 02109-3912.
35. Section 82.162 is amended by revising the address for Region I in paragraph (a)(5) to read as follows:
(a) * * *
(5) The certification must also include a statement that the equipment will be properly used in servicing or disposing of appliances and that the information given is true and correct. Owners or lessees of recycling or recovery equipment having their places of business in: Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont must send their certifications to: CAA section 608 Enforcement Contact; EPA Region I; Mail Code OES04-5; 5 Post Office Square—Suite 100, Boston, MA 02109-3912.
36. The authority citation for part 147 continues to read as follows:
37. Section 147.350 is amended by revising paragraph (a) introductory text to read as follows:
(a) Incorporation by reference. The requirements set forth in the State statutes and regulations cited in this paragraph are hereby incorporated by reference and made part of the applicable UIC program under the SDWA for the State of Connecticut. This incorporation by reference was approved by the Director of the OFR in accordance with 5 U.S.C. 552(a) and CFR part 51. Copies may be obtained at the State of Connecticut, Department of Environmental Protection, State Office Building, 165 Capitol Avenue, Hartford, Connecticut, 06106. Copies may be inspected at the Environmental Protection Agency, Region I, 5 Post Office Square—Suite 100, Boston, MA ( printed page 49674) 02109-3912, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
38. The authority citation for part 282 continues to read as follows:
39. Section 282.2 is amended by revising paragraph (b)(1) to read as follows:
(b) * * *
(1) Region 1 (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont): 5 Post Office Square—Suite 100, Boston, MA 02109-3912.
40. The authority citation for part 374 continues to read as follows:
41. Section 374.6 is amended by revising the address for Region I to read as follows:
Regional Administrator, Region I, U.S. Environmental Protection Agency, 5 Post Office Square—Suite 100, Boston, MA 02109-3912.
42. The authority citation for part 707 continues to read as follows:
43. Section 707.20 is amended by revising the address for Region I in paragraph (c)(2)(ii) to read as follows:
(c) * * *
(2) * * *
(ii) * * *
5 Post Office Square—Suite 100, Boston, MA 02109-3912 (617-918-1700).
44. The authority citation for part 763 continues to read as follows:
45. Appendix C is amended by revising the address for Region I under II.C.3. to read as follows:
C. * * *
3. * * *
EPA, Region I, (OES05-1) Asbestos Coordinator, 5 Post Office Square—Suite 100, Boston, MA 02109-3912, (617) 918-1016.
46. Appendix D is amended by revising the address for Region I to read as follows:
Asbestos NESHAPs Contact, Office of Environmental Stewardship, USEPA, Region I, 5 Post Office Square—Suite 100, Boston, MA 02109-3912, (617) 918-1551.
[FR Doc. 2011-20035 Filed 8-10-11; 8:45 am]
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