65088 Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Rules and Regulations 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM) 

* * * * * 

500 Additional Mailing Services 

* * * * * 

505 Return Services 

1.0 Business Reply Mail (BRM) 

1.1 BRM Postage and Fees 

1.1.1 Basic BRM 

[Revise the first sentence of the 

introductory text in 1.1.1 to read as 

follows:] 

For basic BRM, a permit holder is 

required to pay an annual permit fee as 

provided under 1.2 and a per piece fee 

under 1.1.7 in addition to the applicable 

Retail First-Class Mail (stamped letters), 

First-Class Package Service—Retail, or 

Priority Mail postage for each returned 

piece.*** 

* * * * * 

1.1.3 Basic Qualified BRM (QBRM) 

[Revise the first sentence of the 

introductory text in 1.1.3 to read as 

follows:] 

For basic qualified BRM, a permit 

holder is required to pay an account 

maintenance fee under 1.1.8, and a per 

piece fee under 1.1.7 in addition to the 

applicable retail letter or card FirstClass Mail (stamped letters) postage for 

each returned piece.*** 

* * * * * 

507 Mailer Services 

1.0 Treatment of Mail 

* * * * * 

1.5 Treatment for Ancillary Services 

by Class of Mail 

* * * * * 

1.5.2 Periodicals 

Undeliverable-as-addressed (UAA) 

Periodicals publications (including 

publications pending Periodicals 

authorization) are treated as described 

in Exhibit 1.5.2, with these additional 

conditions: 

* * * * * 

[Revise the text in items 1.5.2b and 

1.5.2c to read as follows:] 

b. Publications with an alternative 

addressing format under 602.3.0 are 

delivered to the address when possible. 

Forwarding service is not provided for 

such mail. 

c. Address correction service is 

mandatory for all Periodicals 

publications, except when publishers 

use authorized alternative addressing 

and an IMb with proper STID. An 

address correction service fee must be 

paid for each notice issued. 

* * * * * 

1.5.3 USPS Marketing Mail and Parcel 

Select Lightweight 

* * * * * 

Exhibit 1.5.3 Treatment of 

Undeliverable USPS Marketing Mail 

and Parcel Select Lightweight 

Mailer Endorsement USPS Treatment of UAA pieces 

* * * * * 

‘‘Change Service Requested’’ 1, 4 

* * * * * 

[Revise the parenthetical for ‘‘Option 

2’’ to read as follows:] 

(Available via ACS only; for USPS 

Marketing Mail (all shapes) and Parcel 

Select Lightweight) 

* * * * * 

If change-of-address order on file: 

[Revise the text under ‘‘If change-ofaddress order on file:’’ for ‘‘Months 1 

through 12’’ to read as follows:] 

Months 1 through 12: Piece 

forwarded; postage due charged to the 

mailer at applicable Forwarding Fee 

based on the piece shape for USPS 

Marketing Mail or Parcel Select 

Lightweight; separate notice of new 

address provided (electronic ACS fee 

charged). 

* * * * * 

600 Basic Standards For All Mailing 

Services 

* * * * * 

602 Addressing 

* * * * * 

3.0 Use of Alternative Addressing 

3.1 General Information 

* * * * * 

3.1.3 Treatment 

[Revise the third sentence of the 

introductory text in 3.1.3 to read as 

follows:] 

***Periodicals publishers are notified 

when a mailpiece with an occupant or 

exceptional address format is 

undeliverable for solely address-related 

reasons, (except publishers using an 

IMb with proper STID on nonsubscriber or non-requester copies 

under 207.7.0.*** 

* * * * * 

604 Postage Payment Methods and 

Refunds 

* * * * * 

5.0 Permit Imprint (Indicia) 

* * * * * 

5.4 Picture Permit Imprint Indicia 

5.4.1 Description 

[Revise the third sentence of 5.4.1 to 

read as follows:] 

***Picture permit imprints may be 

used to pay postage and extra service 

fees on commercial mailings of FirstClass Mail or USPS Marketing Mail 

postcards, letters, or flats. 

* * * * * 

5.4.5 Picture Permit Imprint Indicia 

Format 

As options to the basic format under 

5.3.11 and if all other applicable 

standards in 5.0 are met, permit imprint 

indicia may be prepared in picture 

permit imprint format subject to these 

conditions: 

* * * * * 

[Delete 5.4.5f in its entirety and 

renumber current 5.4.5g through 5.4.5k 

as new 5.4.5f through 5.4.5j.] 

* * * * * 

Notice 123 (Price List) 

[Revise prices as applicable.] 

* * * * * 

We will publish an appropriate 

amendment to 39 CFR part 111 to reflect 

these changes. 

Brittany M. Johnson, 

Attorney, Federal Compliance. 

[FR Doc. 2018–27412 Filed 12–18–18; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2018–0308; FRL–9987–98– 

Region 4] 

Air Plan Approval; KY; Updates to 

Attainment Status Designations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 


amozie on DSK3GDR082PROD with RULES
Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Rules and Regulations 65089 

1EPA’s attainment status designations for 

Kentucky are found at 40 CFR 81.318. 

2EPA is not taking final action on the portion of 

the submittal (Section 9) that modifies the 

attainment status designations for SO2. 

3With the exception of Section 9. Attainment 

Status Designations for Sulfur Dioxide (SO2). 

4See 62 FR 27968 (May 22, 1997). 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve portions of a State 

Implementation Plan (SIP) revision 

submitted by the Commonwealth of 

Kentucky, through the Kentucky 

Division for Air Quality, on December 

13, 2016. The changes to the SIP that 

EPA is taking final action to approve are 

the attainment status designations, as of 

October 6, 2016, for geographic areas 

within the Commonwealth for several 

national ambient air quality standards 

(NAAQS). The updates are being made 

to conform Kentucky’s attainment status 

tables with the federal attainment status 

designations made for these areas. EPA 

has determined that the December 13, 

2016, SIP revision is consistent with the 

Clean Air Act (CAA or Act) and EPA’s 

regulations. 

DATES: This rule will be effective 

January 18, 2019. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2018–0308. All documents in the docket 

are listed on the www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW, Atlanta, 

Georgia 30303–8960. EPA requests that 

if at all possible, you contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section to schedule your 

inspection. The Regional Office’s 

official hours of business are Monday 

through Friday 8:30 a.m. to 4:30 p.m., 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Madolyn Sanchez, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW, Atlanta, 

Georgia 30303–8960. Ms. Sanchez can 

be reached via telephone at (404) 562– 

9644 or via electronic mail at 

sanchez.madolyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Sections 108 and 109 of the CAA 

require EPA to set NAAQS for criteria 

air pollutants: Ozone (O3); particulate 

matter (PM); carbon monoxide (CO); 

lead (Pb); sulfur dioxide (SO2); and 

nitrogen dioxide (NO2); and to 

undertake periodic review of these 

standards. After EPA sets a new NAAQS 

or revises an existing standard, the CAA 

requires EPA to determine if areas of the 

country meet the new standards and to 

designate areas as either nonattainment, 

unclassifiable/attainment, or 

unclassifiable. Such designations inform 

the state’s planning and implementation 

of requirements to achieve and maintain 

the NAAQS for each area within that 

state. 

Section 107(d) of the CAA governs the 

process for these initial area 

designations. Under this process, states 

and tribes submit recommendations to 

EPA as to whether or not an area is 

attaining the NAAQS for criteria air 

pollutants. EPA then considers these 

recommendations as part of its 

obligation to promulgate the area 

designations and boundaries for the new 

or revised NAAQS. EPA codifies its 

designations for areas within each state 

in 40 CFR part 81.1 Under section 

107(d) of the CAA, a designation for an 

area remains in effect until redesignated 

by EPA. 

In a proposed rulemaking published 

on September 21, 2018 (83 FR 47856), 

EPA proposed to approve changes to 

Kentucky regulation 401 KAR 51:010, 

which update, as of October 6, 2016, the 

description and attainment or 

nonattainment status of geographic 

areas within the Commonwealth with 

regard to a number of the NAAQS. The 

Commonwealth of Kentucky last 

amended Regulation 401 KAR 51:010 in 

1997 and, since that time, EPA has 

promulgated several changes to the 

designations of areas within the 

Commonwealth. As a result, Kentucky 

has amended Regulation 401 KAR 

51:010 by updating, as of October 6, 

2016, the attainment status designations 

in Sections 4 through 8 and Section 10 

for CO, Pb, NO2, O3, PM2.5, and total 

suspended solids 2 to conform with 

EPA’s designations as reflected in 40 

CFR 81.318. Regulation 401 KAR 51:010 

has also been amended by making 

minor textual modifications to the 

NECESSITY, FUNCTION, AND 

CONFORMITY section and Section 1 

(Definitions) and Section 2 (Attainment 

Status Designations). The details of 

Kentucky’s submission and the rationale 

for EPA’s action are explained in the 

proposed rulemaking. Comments on the 

proposed rulemaking were due on or 

before October 22, 2018. EPA did not 

receive any relevant comments on the 

proposed action. EPA is now taking 

final action to approve the abovereferenced revisions. 

II. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of Kentucky regulation 401 

KAR 51:010, Attainment Status 

Designations, effective October 6, 2016, 

which was revised to be consistent with 

the current NAAQS.3 EPA has made, 

and will continue to make, these 

materials generally available through 

www.regulations.gov and at the EPA 

Region 4 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

SIP, have been incorporated by 

reference by EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rulemaking 

of EPA’s approval, and will be 

incorporated by reference in the next 

update to the SIP compilation.4

III. Final Action 

EPA is taking final action to approve 

portions of the Commonwealth of 

Kentucky’s SIP revision submitted on 

December 13, 2016, because the changes 

are consistent with the CAA and EPA 

regulations. The submission revises 

Kentucky’s attainment status 

designations tables for several NAAQS 

to conform with the federal attainment 

status designations made for geographic 

areas within the Commonwealth. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

See 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. This action merely approves 

state law as meeting Federal 


amozie on DSK3GDR082PROD with RULES
65090 Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Rules and Regulations 

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 Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866; 

• 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). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it 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 February 19, 2019. 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 Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: November 28, 2018. 

Mary S. Walker, 

Acting Regional Administrator, Region 4. 

40 CFR part 52 is 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 et seq. 

Subpart S—Kentucky 

■ 2. In § 52.920, table 1 in paragraph (c) 

is amended by revising the entry ‘‘401 

KAR 51:010’’ to read as follows: 

§ 52.920 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 1—EPA-APPROVED KENTUCKY REGULATIONS

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanation 

*******

Chapter 51 Attainment and Maintenance of the National Ambient Air Quality Standards 

*******

401 KAR 51:010 Attainment status Designations.10/06/16 12/19/18, [insert Federal 

Register citation].

With the exception of Section 9. Attainment 

Status Designations for Sulfur Dioxide (SO2). 

* * * * * * * 


amozie on DSK3GDR082PROD with RULES
Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Rules and Regulations 65091 

1The SIP revisions were received by EPA on June 

6, 2017, and September 6, 2017, respectively. 

2 In the table of North Carolina regulations 

federally approved into the SIP at 40 CFR 

52.1770(c), 15A NCAC 02D is referred to as 

‘‘Subchapter 2D Air Pollution Control 

Requirements.’’ 

3 January 1, 2009 is the most recent state effective 

date of Subchapter 2D, Section .1404, 

‘‘Recordkeeping: Reporting: Monitoring,’’ and it 

reflects the exact version of the text of Section .1404 

that EPA is proposing to approve into the SIP. 

* * * * * 

[FR Doc. 2018–27356 Filed 12–18–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2018–0419; FRL–9988–11– 

Region 4] 

Air Plan Approval; North Carolina 

Miscellaneous Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve portions of State 

Implementation Plan (SIP) revisions 

provided by the State of North Carolina 

through the North Carolina Division of 

Air Quality (NCDAQ) in letters dated 

June 5, 2017, and August 22, 2017. The 

submissions revise several regulations 

concerning nitrogen oxides (NOX), 

emission control standards, monitoring, 

and reporting requirements. EPA is 

taking final action to approve these 

provisions of the SIP revisions because 

these changes are consistent with the 

Clean Air Act (CAA or Act) and federal 

regulations. 

DATES: This rule will be effective 

January 18, 2019. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2018–0419. All documents in the docket 

are listed on the www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW, Atlanta, 

Georgia 30303–8960. EPA requests that 

if at all possible, you contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section to schedule your 

inspection. The Regional Office’s 

official hours of business are Monday 

through Friday 8:30 a.m. to 4:30 p.m., 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Richard Wong, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, 

Region 4, U.S. Environmental Protection 

Agency, 61 Forsyth Street SW, Atlanta, 

Georgia 30303–8960. The telephone 

number is (404) 562–8726. Mr. Wong 

can also be reached via electronic mail 

at wong.richard@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

NCDAQ submitted SIP revisions 

through letters dated June 5, 2017, and 

August 22, 2017 to EPA for review and 

approval into the North Carolina SIP.1

North Carolina’s SIP revisions include 

multiple changes to its air quality rules, 

under Subchapter 15A North Carolina 

Administrative Code (NCAC) 02D, 

specifically at Section .1404, 

‘‘Recordkeeping: Reporting: 

Monitoring,’’ Section .0542, ‘‘Control of 

Particulate Emissions from Cotton 

Ginning Operations,’’ Section .0606, 

‘‘Sources Covered by Appendix P of 40 

CFR part 51,’’ and Section .0608, ‘‘Other 

Large Coal or Residual Oil Burners.’’ 2

EPA is not taking action on Section 

.0535, ‘‘Excess Emissions Reporting and 

Malfunctions’’ which is included in the 

changes in the August 22, 2017 SIP 

revision. EPA will address changes to 

Section .0535 in a separate action. 

In a notice of proposed rulemaking 

(NPRM) published on November 14, 

2018 (83 FR 56773), EPA proposed to 

approve the SIP submissions 

transmitted under cover letters dated 

June 5, 2017, and August 22, 2017. The 

specific details of the SIP submissions 

and the rationale for EPA’s actions are 

discussed in the NPRM. Comments on 

the proposed rulemaking were due on or 

before December 5, 2018. EPA received 

five comments in total—one comment 

that is not relevant to the action, two 

comments that support the revision and 

two adverse comments. The comments 

can be found in the docket for this 

action. After considering the adverse 

comments, EPA is now taking final 

action to approve the above-referenced 

revision. 

II. Response to Comments 

Comments: As mentioned above, EPA 

received two adverse public comments 

on the proposed rule published on 

November 14, 2018. The comments are 

available for public viewing as a part of 

the electronic docket for this 

rulemaking. The first Commenter notes 

that if the revisions are in line with the 

CAA and federal regulations, they 

should be approved; however, ‘‘if they 

are considered worse, such as they are 

raising the emission rates for certain 

vendors, this should be addressed and 

maybe suggest a stricter standard if it is 

feasible.’’ The second Commenter 

asserts that ‘‘[i]n the past year, the Clean 

Air Act has been revised to be less harsh 

for energy plants. With a more relaxed 

Clean Air Act, the United States air 

quality and overall environmental 

health can take a toll. In the past 50 

years ago, toxic pollutants like sulfur 

dioxide and smog have been reduced. 

With this proposed rule, this could 

completely reverse the progress the act 

has made thus far. These proposed 

changes should consider the long-term 

effects on the environment.’’ 

Response: It is unclear how either of 

the comments relate to the proposed 

rule or how the commenters would like 

EPA to change the proposed rule. The 

rule changes being approved do not 

involve any changes (including 

increases) to emission rates, nor do they 

implicate any long-term effects on the 

environment. Rather, as discussed in the 

notice of proposed rulemaking, the 

changes to the NOX recordkeeping, 

reporting, and monitoring rule involve 

minor typographical and clarifying 

changes that do not relax the rule, and 

the addition of sources subject to 

continuous emissions monitoring for 

NOX strengthens the SIP. Changes to the 

other rules are either minor or clarifying 

and do not alter the meaning of the rules 

or they are consistent with the 

requirements of the CAA and federal 

regulations. 

III. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is taking final action to 

incorporate by reference North Carolina 

regulations under Subchapter 2D Air 

Pollution Control Requirements, Section 

.1404, ‘‘Recordkeeping: Reporting: 

Monitoring,’’ effective January 1, 2009,3

which clarifies the rule by updating 

quality assurance, recordkeeping and 

reporting requirements and provisions 

for heat input calculations and removes 

references to repealed rules. EPA is also 

taking final action to incorporate by 


amozie on DSK3GDR082PROD with RULES