70140 Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Rules and Regulations 

review and approval by the USPS for 

inclusion in reported volume. 

8.2.6 Incentive Program Credits 

Approved participants demonstrating 

an increase in Standard Mail, or 

Nonprofit Standard Mail, saturation and 

high density letters and flats volume 

above their threshold level qualify for a 

credit to a single designated permit 

imprint advance deposit account or 

CAPS account as follows: 

a. The total postage paid for Standard 

Mail, or Nonprofit Standard Mail, letters 

and flats mailed at saturation and high 

density prices, recorded during the 

program is identified for each 

participant. 

b. The total postage paid during the 

program period is divided by the total 

number of recorded mailpieces to 

determine the average price per piece 

for the program period. 

c. Participants receive a credit, based 

on the percentages of the average price 

per piece, for the number of mailpieces 

of incremental volume above their 

threshold level, recorded during the 

program period, as follows: 

1. Saturation letters and flats: 22 

percent for Standard Mail, 8 percent for 

Nonprofit Standard Mail pieces. 

2. High density letters and flats: 13 

percent for Standard Mail, 8 percent for 

Nonprofit Standard Mail pieces. 

* * * * * 

400 Commercial Parcels 

* * * * * 

430 First-Class Mail 

433 Prices and Eligibility 

* * * * * 

3.0 Basic Standards for First-Class 

Mail Parcels 

* * * * * 

3.5 Move Update Standards 

* * * * * 

3.5.4 Basis for Move Update 

Assessment Charge 

[Revise text of 3.5.4 to read as 

follows:] 

Mailings are subject to a Move Update 

assessment charge if more than 25 

percent of addresses with a change-ofaddress (COA) are not updated, based 

on the error rate found in USPS 

sampling at acceptance during 

Performance-Based Verification. 

Specifically, mailings for which the 

sample contains greater than 25 percent 

failed COAs out of the total COAs in the 

sample are subject to additional postage 

charges as follows: 

a. The percentage of the mailing 

paying the charge is based on the 

percentage of failed pieces above 25 

percent (%). 

b. Each of the assessed pieces is 

subject to the $0.07 per piece charge. 

c. As an example, if 35% of COAs in 

the sample are not updated, then the 

charge is applied to 10% (=35%¥25%) 

of the total mailing. 

d. Mailings for which the sample has 

five or fewer pieces that were not 

updated for a COA are not subject to the 

assessment, regardless of the failure 

percentage. 

* * * * * 

440 Standard Mail 

443 Prices and Eligibility 

* * * * * 

3.0 Basic Standards for Standard Mail 

Parcels 

* * * * * 

3.5 Move Update Standards 

* * * * * 

[Revise title and text of 3.5.4 to read 

as follows:] 

3.5.4 Basis for Move Update 

Assessment Charges 

Mailings are subject to a Move Update 

assessment charge if more than 25 

percent of addresses with a change-ofaddress (COA) are not updated, based 

on the error rate found in USPS 

sampling at acceptance during 

Performance-Based Verification. 

Specifically, mailings for which the 

sample contains greater than 25 percent 

failed COAs out of the total COAs in the 

sample are subject to additional postage 

charges as follows: 

a. The percentage of the mailing 

paying the charge is based on the 

percentage of failed pieces above 25 

percent (%). 

b. Each of the assessed pieces is 

subject to the $0.07 per piece charge. 

c. As an example, if 35% of COAs in 

the sample are not updated, then the 

charge is applied to 10% (=35%¥25%) 

of the total mailing. 

d. Mailings for which the sample has 

five or fewer pieces that were not 

updated for a COA are not subject to the 

assessment, regardless of the failure 

percentage. 

* * * * * 

We will publish an appropriate 

amendment to 39 CFR Part 111 to reflect 

these changes. 

Stanley F. Mires, 

Chief Counsel, Legislative. 

[FR Doc. 2010–28412 Filed 11–16–10; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2010–0321, FRL–9212–1] 

Approval and Promulgation of 

Implementation Plans; New York 

Prevention of Significant Deterioration 

of Air Quality and Nonattainment New 

Source Review 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

grant a partial approval to revisions of 

the New York State Implementation 

Plan (SIP) submitted by the New York 

State Department of Environmental 

Conservation on March 3, 2009. As a 

result of this action, New York will 

implement its own Prevention of 

Significant Deterioration of Air Quality 

(PSD) and Nonattainment New Source 

Review (NNSR) State regulations. These 

revisions create a new New York State 

PSD regulation program and modify the 

existing New York State NNSR 

regulations in the SIP. These revisions 

also address changes mandated by the 

revised Federal New Source Review 

(NSR) regulations, referred to as the 

‘‘2002 NSR Reform Rules.’’ 

In this action, EPA is taking final 

action to approve these revisions by 

issuing a partial approval, with the 

caveat that EPA is taking no action at 

this time on the PSD permitting 

threshold provisions to the extent that 

those provisions may require permits for 

sources of greenhouse gas (GHG) 

emissions that equal or exceed the 100/ 

250 tons per year (tpy) GHG levels but 

are less than the thresholds identified in 

EPA’s final Tailoring Rule; and the PSD 

significance level provisions of New 

York’s rule to the extent that those 

provisions may treat as significant GHG 

emissions increases that are less than 

the thresholds identified in the final 

Tailoring Rule. The PSD applicability 

thresholds below the Tailoring Rule will 

be acted on, as necessary, as part of an 

EPA national rulemaking or in a 

separate EPA Region 2 rulemaking. 

DATES: Effective Date: This rule is 

effective on December 17, 2010. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R02–OAR–2010–0321. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. All docket materials are available 

either electronically through http:// 

www.regulations.gov or in hard copy at 


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Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Rules and Regulations 70141 

the Environmental Protection Agency, 

Region 2 Office, Air Programs Branch, 

290 Broadway, 25th Floor, New York, 

New York 10007–1866. This Docket 

Facility is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The Docket telephone 

number is 212–637–4249. 

FOR FURTHER INFORMATION CONTACT: 

Frank Jon, Air Programs Branch, 

Environmental Protection Agency, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866, (212) 637–4085; email address: jon.frank@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, references 

to ‘‘EPA,’’ ‘‘we,’’ ‘‘us,’’ or ‘‘our,’’ are 

intended to mean the Environmental 

Protection Agency. The supplementary 

information is arranged as follows: 

I. What is being addressed by this document? 

II. What sections of New York’s rules are we 

approving in this action? 

III. What are EPA’s responses to comments to 

EPA’s proposal? 

IV. What action is EPA taking? 

V. Statutory and Executive Order Reviews 

I. What is being addressed by this 

document? 

On March 3, 2009, the State of New 

York, through the New York State 

Department of Environmental 

Conservation (NYSDEC), submitted to 

EPA Region 2 revisions to the New York 

State Implementation Plan (SIP). The 

submittal consists of revisions to three 

regulations that are already part of the 

New York SIP. The affected regulations 

are: 6 New York Code of Rules and 

Regulations (NYCRR) Part 231, New 

Source Review for New and Modified 

Facilities; 6 NYCRR Part 200, General 

Provisions; and 6 NYCRR Part 201, 

Permits and Certificates. The revisions 

were made to create a new New York 

State PSD regulation program and to 

update the existing New York State 

nonattainment regulations consistent 

with changes to the Federal NSR 

regulations published on December 31, 

2002 (67 FR 80186). In today’s action, 

EPA is taking final action to approve 

those revisions by issuing a partial 

approval, as proposed (see 75 FR 43892 

(July 27, 2010)), with the caveat that 

EPA is taking no action at this time on 

(1) the PSD permitting threshold 

provisions to the extent that those 

provisions may require permits for 

sources of greenhouse gas (GHG) 

emissions that equal or exceed the 100/ 

250 tons per year (tpy) GHG levels but 

are less than the thresholds identified in 

EPA’s final Tailoring Rule at 75 FR 

31514, 31606 (June 3, 2010); and (2) the 

PSD significance level provisions of 

New York’s rule to the extent that those 

provisions may treat as significant GHG 

emissions increases that are less than 

the thresholds identified in the final 

Tailoring Rule. Id. We are taking this 

action, in part, because in its August 11, 

2010 letter to EPA, New York State 

confirmed to us that they have authority 

to regulate greenhouse gases without 

any additional rulemaking or other 

administrative action. For PSD 

applicability thresholds below the 

Tailoring Rule, EPA is still reviewing 

New York’s ability to limit the 

permitting to sources equal to and above 

the Tailoring Rule thresholds. Action on 

this issue will be forthcoming, as 

necessary, as part of an EPA national 

action or in a separate EPA Region 2 

action. 

II. What sections of New York’s rules 

are we approving in this action? 

With respect to 6 NYCRR Part 200, 

EPA is taking final action to approve 

into the New York SIP only sections 

200.1 and 200.9, Table 1 (Part 231 

references), as effective March 5, 2009. 

EPA is not taking final action on the 

revisions to section 200.10 since they 

include only references to Federal 

standards and requirements and are 

therefore already Federally enforceable 

standards and requirements. 

With respect to 6 NYCRR Part 201, 

EPA is taking final action to approve 

into the New York SIP only those 

revisions to subpart 201–2, effective 

March 5, 2009, submitted by NYSDEC 

specifically for implementation of the 

Part 231 NSR permitting program. 

Specifically, EPA is approving the 

definition of ‘‘Major stationary source or 

major source or major facility’’ that is 

contained in subpart 201–2.1(b)(21). 

With respect to 6 NYCRR Part 231, 

EPA is taking final action to approve all 

of Part 231 into the New York SIP 

except certain revisions to Part 231 that 

may be applicable to GHG emissions, 

effective March 5, 2009, specifically, (1) 

the PSD permitting threshold provisions 

to the extent that those provisions may 

require permits for sources of 

greenhouse gas (GHG) emissions that 

equal or exceed the 100/250 tons per 

year (tpy) GHG levels but are less than 

the thresholds identified in EPA’s final 

Tailoring Rule at 75 FR 31514, 31606 

(June 3, 2010); and (2) the PSD 

significance level provisions of New 

York’s rule to the extent that those 

provisions may treat as significant GHG 

emissions increases that are less than 

the thresholds identified in the final 

Tailoring Rule. Note that by this final 

action, EPA is removing and reserving 

40 CFR 52.1689 which had incorporated 

the Federal PSD regulations at 40 CFR 

52.21 into New York’s applicable 

implementation plan. 

III. What are EPA’s responses to 

comments to EPA’s proposal? 

EPA received only one comment on 

this proposal. The commenter 

congratulates the agency on the policy 

decision it has made. The commenter 

also states that when EPA promulgated 

the NSR Reform Rule, it indicated that 

it would not approve State plans that 

did not include the ‘‘reforms,’’ and stated 

that it would issue a Federal 

Implementation Plan imposing the 

reforms on any State that did not adopt 

them. By contrast, the commenter notes 

that the proposed rule would approve 

New York’s program, even though it 

diverges in important respects from the 

NSR Reform package. The commenter 

further notes that EPA does so on the 

grounds that the New York program is 

more stringent than Federal 

requirements. The commenter indicates 

that this is quite a change from the 

position of the previous Administration. 

The commenter further states that he 

does not know if EPA has previously 

taken the position it does here. If not, 

the commenter urges EPA to provide 

discussion of the rationales for this 

change in stance. Otherwise, the 

commenter warns, the change might 

well be struck down by the courts as 

unexplained, and therefore arbitrary and 

capricious. 

Response 

Except in specific cases of preemption 

unrelated to this action, the Clean Air 

Act does not preclude States from 

adopting or enforcing a more stringent 

regulation than Federal requirements. 

42 U.S.C. 7416. New York State has 

adopted the reforms of EPA’s 2002 NSR 

reform rules. In general, the New York 

State revisions to the rule are similar to 

the Federal NSR Reform Rules except 

for a few specific provisions. EPA is 

required to approve State SIP revisions 

that are at least as stringent as the 

Federal rules even if they contain 

provisions that differ in minor ways. 

These specific provisions, addressed in 

New York’s Revised Regulatory Impact 

Statement and discussed in detail in our 

proposal (see 75 FR 43892, (July 27, 

2010), retain and, in fact, may exceed 

the environmental benefits of the NSR 

program. 

IV. What action is EPA taking? 

EPA is taking a final action to grant 

a partial approval to revisions to the 

New York State Implementation Plan 

(SIP) submitted by the New York State 

Department of Environmental 

Conservation on March 3, 2009. 


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70142 Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Rules and Regulations 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the Clean Air Act. 

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 Clean Air Act; 

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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by January 18, 2011. 

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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: September 29, 2010. 

George Pavlou, 

Acting Regional Administrator, Region 2. 

■ Part 52, chapter I, title 40 of the Code 

of Federal Regulations is 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 HH—New York 

■ 2. Section 52.1670 is amended by 

adding new paragraph (c)(115) to read 

as follows: 

§ 52.1670 Identification of plan. 

* * * * * 

(c) * * * 

* * * * * 

(115) On March 3, 2009, the New 

York State Department of 

Environmental Conservation (NYSDEC), 

submitted to EPA proposed revisions to 

the State Implementation Plan 

concerning Prevention of Significant 

Deterioration (PSD) and nonattainment 

new source review. 

(i) Incorporation by reference: 

(A) Letter dated March 3, 2009, from 

Assistant Commissioner J. Jared Snyder, 

NYSDEC, to George Pavlou, Acting 

Regional Administrator, EPA Region 2, 

submitting the revisions for Title 6 of 

the New York Code of Rules and 

Regulations, Part 200, ‘‘General 

Provisions,’’ sections 200.1 and 200.9, 

Table 1 (Part 231 references); Subpart 

201–2.1(b)(21); and Part 231, which 

identifies an effective date of March 5, 

2009. 

(B) Title 6 of the New York Code of 

Rules and Regulations, Part 200, 

‘‘General Provisions,’’ sections 200.1 and 

200.9, Table 1 (Part 231 references), 

with an effective date of March 5, 2009, 

Subpart 201–2.1(b)(21), definition of 

‘‘Major stationary source or major source 

or major facility,’’ with an effective date 

of March 5, 2009, and Part 231, ‘‘New 

Source Review for New and Modified 

Facilities,’’ with an effective date of 

March 5, 2009. 

■ 3. Section 52.1679, is amended by 

revising the table entries under Title 6, 

for Part 200 and Part 231, and adding 

new entry Subpart 201–2.1(b)(21) 

following Part 201, ‘‘Permits and 

certificates’’ in numerical order to read 

as follows: 

§ 52.1679 EPA-approved New York State 

regulations. 

New York State regulation State effective 

date Latest EPA approval date Comments 

Title 6 

Part 200, General Provisions, 

Section 200.1.

3/5/09 11/17/10, [Insert FR page citation].The word odor is removed from the Subpart 200.1(d) definition of ‘‘air contaminant or air pollutant.’’ 


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Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Rules and Regulations 70143 

New York State regulation State effective 

date Latest EPA approval date Comments 

Redesignation of non-attainment areas to attainment areas 

(200.1(av)) does not relieve a source from compliance with 

previously applicable requirements as per letter of Nov. 13, 

1981 from H. Hovey, NYSDEC. 

Changes in definitions are acceptable to EPA unless a previously approved definition is necessary for implementation 

of an existing SIP regulation. 

EPA is including the definition of ‘‘Federally enforceable’’ with 

the understanding that (1) the definition applies to provisions of a Title V permit that are correctly identified as 

Federally enforceable, and (2) a source accepts operating 

limits and conditions to lower its potential to emit to become a minor source, not to ‘‘avoid’’ applicable requirements. 

Section 200.9, Table 1 (Part 

231 references).

3/5/09 11/17/10, [Insert FR page citation].EPA is approving reference documents that are not already 

Federally enforceable. 

Sections 200.6, 200.7 and 

200.9.

2/25/00 4/22/08, 73 FR 21548 ............ EPA is approving reference documents that are not already 

Federally enforceable. 

* * * * * * * 

Subpart 201–2.1(b)(21), Definitions.3/5/09 11/17/10, [Insert FR page citation].EPA is including the definition of ‘‘Major stationary source or 

major source or major facility’’ with the understanding that 

the definition applies only to provisions of Part 231. 

* * * * * * * 

Part 231, New Source Review 

for New and Modified Facilities.

3/5/09 11/17/10, [Insert FR page citation].Partial approval; no action taken on provisions that may require PSD permits for sources of greenhouse gas (GHG) 

emissions with emissions below the thresholds identified in 

EPA’s final PSD and Title V GHG Tailoring Rule at 75 FR 

31514, 31606 (June 3, 2010). 

* * * * * * * 

§ 52.1689 [Reserved] 

■ 4. Section 52.1689 is removed and 

reserved. 

[FR Doc. 2010–28964 Filed 11–16–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2009–0812; FRL–8851–7] 

Acequinocyl; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of acequinocyl in 

or on bean, edible podded; hop, dried 

cones; okra and vegetable, fruiting, 

group 8. The Interregional Research 

Project Number 4 (IR–4) requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

November 17, 2010. Objections and 

requests for hearings must be received 

on or before January 18, 2011, and must 

be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2009–0812. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) 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 in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: 

Sidney Jackson, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–7610; e-mail address: 

jackson.sidney@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A . Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to those engaged in the 

following activities: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather to provide a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 


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