71548 Federal Register / Vol. 75, No. 226 / Wednesday, November 24, 2010 / Rules and Regulations 

POSTAL SERVICE 

39 CFR Part 111 

Clarification of the Post Office Box 

Lock Replacement Fee 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: The Postal Service will revise 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM®) 508.4.8.4 to clarify the 

applicability of the lock replacement fee 

for Post OfficeTM boxes to reflect current 

practice. 

DATES: January 2, 2011. 

FOR FURTHER INFORMATION CONTACT: Nan 

McKenzie at 202–268–3089 or David 

Rubin at 202–268–2986. 

SUPPLEMENTARY INFORMATION: On July 9, 

2010, the Federal Register published 

the Postal Service proposed rule, New 

Standards for Domestic Mailing Services 

(75 FR 39477–39492). The applicability 

of the lock replacement fee for Post 

Office (PO) Boxes was included in this 

proposed rule. 

Current DMM standards require 

payment of the lock replacement fee 

when a customer requests that the lock 

be changed. The Postal Service also 

applies this fee when customers renew 

PO BoxTM service more than 10 days 

after the renewal due date. This 

provides an incentive for customers to 

pay their PO Box rental fee on time. For 

those customers who do not renew until 

after the 10-day grace period, the Postal 

Service often changes the lock or incurs 

other related costs, such as plugging the 

lock and bundling and holding mail 

separately for the owner of the PO Box. 

The lock replacement fee is treated as a 

late payment fee, even in those cases in 

which the Postal Service does not 

actually change the lock. 

No customer comments were received 

regarding the July 9, 2010 proposed 

rule. 

The Postal Service hereby adopts the 

following changes to the Mailing 

Services of the United States Postal 

Service, Domestic Mail Manual (DMM), 

which is incorporated by reference in 

the Code of Federal Regulations. See 39 

CFR 111.1. 

List of Subjects in 39 CFR Part 111 

Administrative practice and 

procedure, Postal Service. 

■ Accordingly, 39 CFR part 111 is 

amended as follows: 

PART 111—[AMENDED] 

■ 1. The authority citation for 39 CFR 

part 111 continues to read as follows: 

Authority: 5 U.S.C. 552(a); 13 U.S.C 301– 

307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, 

401, 403, 404, 414, 416, 3001–3011, 3201– 

3219, 3403–3406, 3621, 3622, 3626, 3632, 

3633, and 5001. 

■ 2. Revise the following sections of 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM), as follows: 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM) 

* * * * * 

500 Additional Mailing Services 

* * * * * 

508 Recipient Services 

* * * * * 

4.0 Post Office Box Service 

* * * * * 

4.8 Keys and Locks 

* * * * * 

4.8.4 Lock Replacement 

[Revise text of 4.8.4 by adding the 

following sentence as a new last 

sentence as follows:] 

* * * The lock replacement fee also 

applies as a late payment charge when 

the customer renews a box more than 10 

days after the renewal due date, whether 

or not the lock is actually changed. 

* * * * * 

We will publish an appropriate 

amendment to 39 CFR part 111 to reflect 

these changes. 

Stanley F. Mires, 

Chief Counsel, Legislative. 

[FR Doc. 2010–29732 Filed 11–23–10; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[FRL–9230–6] 

Availability of Federally-Enforceable 

State Implementation Plans for All 

States 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of availability. 

SUMMARY: Section 110(h) of the Clean 

Air Act, as amended in 1990 (the ‘‘Act’’), 

requires EPA by November 15, 1995, 

and every three years thereafter, to 

assemble the requirements of the 

Federally-enforceable State 

Implementation Plans (SIPs) in each 

State and to publish notice in the 

Federal Register of the availability of 

such documents. This notice of 

availability fulfills the three-year 

requirement of making these SIP 

compilations for each State available to 

the public. 

DATES: Effective Date: November 24, 

2010. 

ADDRESSES: You may contact the 

appropriate EPA Regional Office 

regarding the requirements of the 

applicable implementation plans for 

each State in that region. The list below 

identifies the appropriate regional office 

for each state. The State Implementation 

Plan (SIP) compilations are available for 

public inspection during normal 

business hours at the appropriate EPA 

Regional Office. If you want to view 

these documents, you should make an 

appointment with the appropriate EPA 

office and arrange to review the SIP at 

a mutually agreeable time. 

Region 1: Connecticut, Maine, 

Massachusetts, New Hampshire, Rhode 

Island, and Vermont. 

Regional Contact: Donald Cooke (617/ 

918–1668), EPA, Office of Ecosystem 

Protection, 5 Post Office Square—Suite 

100, (Mail code OEP05–2), Boston, MA 

02109–3912 

See also: http://www.epa.gov/region1/ 

topics/air/sips.html. 

Region 2: New Jersey, New York, 

Puerto Rico, and Virgin Islands. 

Regional Contact: Paul Truchan (212/ 

637–3711), EPA, Air Programs Branch, 

290 Broadway, New York, NY 10007– 

1866. 

See also: http://www.epa.gov/ 

region02/air/sip/. 

Region 3: Delaware, District of 

Columbia, Maryland, Pennsylvania, 

Virginia, and West Virginia. 

Regional Contact: Harold A. 

Frankford (215/814–2108), EPA, Air 

Protection Division (3AP00), 1650 Arch 

Street, Philadelphia, PA 19103–2029. 

See also: http://yosemite.epa.gov/r3/

r3sips.nsf/MidAtlanticSIPs?openform. 

Region 4: Alabama, Florida, Georgia, 

Kentucky, Mississippi, North Carolina, 

South Carolina, and Tennessee. 

Regional Contact: Nacosta Ward (404/ 

562–9146), EPA, Air Planning Branch, 

61 Forsyth Street, SW., Atlanta, GA 

30303. 

See also: http://www.epa.gov/region4/ 

air/sips/. 

Region 5: Illinois, Indiana, Michigan, 

Minnesota, Ohio, and Wisconsin. 

Regional Contacts: Christos Panos 

(312/353–8328), EPA, Air and Radiation 

Division (AR–18J), 77 West Jackson 

Boulevard, Chicago, IL 60604–3507. 

See also: http://www.epa.gov/region

05air/sips/index.html. 

Region 6: Arkansas, Louisiana, New 

Mexico, Oklahoma, and Texas. 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 226 / Wednesday, November 24, 2010 / Rules and Regulations 71549 

Regional Contact: Bill Deese (214/ 

665–7253) and Carl Young (214/665– 

6645), EPA, Multimedia Planning and 

Permitting Division, Air Planning 

Section (6PD–L), 1445 Ross Avenue, 

Suite 700, Dallas, TX 75202–2733. 

See also: http://www.epa.gov/

earth1r6/6pd/air/sip/sip.htm. 

Region 7: Iowa, Kansas, Missouri, and 

Nebraska. 

Regional Contact: Jan Simpson (913/ 

551–7089), EPA, Air and Waste 

Management Division, Air Planning and 

Development Branch, 901 North 5th 

Street, Kansas City, KS 66101. 

See also: http://www.epa.gov/

region07/programs/artd/air/rules/

fedapprv.htm. 

Region 8: Colorado, Montana, North 

Dakota, South Dakota, Utah, and 

Wyoming. 

Regional Contact: Kathy Dolan (303/ 

312–6142), EPA, Air Program, Office of 

Partnership and Regulatory Assistance, 

1595 Wynkoop Street, Denver, CO 

80202–2466. 

See also: http://www.epa.gov/region8/ 

air/sip.html. 

Region 9: Arizona, California, Hawaii, 

Nevada, American Samoa, and Guam. 

Regional Contacts: Cynthia Allen 

(415/947–4120) and Lisa Tharp (415/ 

947–4142), EPA, Air Division, 

Rulemaking Office, (AIR–4), 75 

Hawthorne Street, San Francisco, CA 

94105. 

See also: http://www.epa.gov/region9/ 

air/sips/. 

Region 10: Alaska, Idaho, Oregon, and 

Washington. 

Regional Contact: Donna Deneen 

(206/553–6706), EPA, Office of Air 

Waste and Toxics (AWT–107), 1200 

Sixth Avenue, Suite 900, Seattle, WA 

98101–3140. 

See also: http://www.epa.gov/ 

r10earth/sips.htm. 

FOR FURTHER INFORMATION CONTACT: 

Donald Cooke, Air Quality Planning 

Unit, U.S. Environmental Protection 

Agency, EPA New England Regional 

Office, 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. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Availability of SIP Compilations 

II. What is the basis for this document? 

III. What is being made available under this 

document? 

IV. What are the documents and materials 

associated with the SIP? 

V. Background 

A. Relationship of National Ambient Air 

Quality Standards (NAAQS) to SIPs 

B. What is a state implementation plan? 

C. What does it mean to be federallyenforceable? 

I. Availability of SIP Compilations 

This notice identifies the appropriate 

EPA Regional Offices to which you may 

address questions of SIP availability and 

SIP requirements. In response to the 

110(h) requirement following the 1990 

Clean Air Act Amendments, the first 

notice of availability was published in 

the Federal Register on November 1, 

1995 at 60 FR 55459. The second notice 

of availability was published in the 

Federal Register on November 18, 1998 

at 63 FR 63986. The third notice of 

availability was published in the 

Federal Register on November 20, 2001 

at 66 FR 58070. The fourth notice of 

availability was published in the 

Federal Register on December 22, 2004 

at 69 FR 76617. The fifth notice of 

availability was published in the 

Federal Register on November 15, 2007 

at 72 FR 64158. This is the sixth notice 

of availability of the compilations of 

Federally-enforceable State 

Implementation Plans for each state. 

In addition, information on the 

content of EPA-approved SIPs is 

available on the Internet through the 

EPA Regional Web sites. Regional Web 

site addresses for Regional information 

are provided in the regional contacts list 

above. 

II. What is the basis for this document? 

Section 110(h)(1) of the Clean Air Act 

mandates that not later than 5 years 

after the date of enactment of the Clean 

Air Act Amendments of 1990, and every 

three years thereafter, the Administrator 

shall assemble and publish a 

comprehensive document for each State 

setting forth all requirements of the 

applicable implementation plan for 

such State and shall publish notice in 

the Federal Register of the availability 

of such documents. 

Section 110(h) recognizes the fluidity 

of a given State SIP. The SIP is a living 

document which can be revised by the 

State with EPA approval as necessary to 

address the unique air pollution 

problems in the State. Therefore, EPA 

from time to time must take action on 

SIP revisions containing new and/or 

revised regulations. On May 31, 1972 

(37 FR 10842), EPA approved, with 

certain exceptions, the initial SIPs for 50 

states, four territories and the District of 

Columbia. [Note: EPA approved an 

additional SIP—for the Northern 

Mariana Islands—on November 10, 1986 

(51 FR 40799)]. Since 1972, each State 

and territory has submitted numerous 

SIP revisions, either on their own 

initiative, or because they were required 

to as a result of various amendments to 

the Clean Air Act. This notice of 

availability informs the public that the 

SIP compilation has been updated to 

include the most recent requirements 

approved into the SIP. These approved 

requirements are Federally-enforceable. 

III. What is being made available under 

this document? 

This document announces that the 

Federally-enforceable SIP for each State 

is available for review and public 

inspection at the appropriate EPA 

regional office and identifies the contact 

person for each regional office. 

The Federally-enforceable SIP is 

indeed a complex document, containing 

both many regulatory requirements and 

non-regulatory items such as plans and 

emission inventories. Regulatory 

requirements include State-adopted 

rules and regulations, source-specific 

requirements reflected in consent 

orders, and in some cases, provisions in 

the enabling statutes. 

Following the 1990 Clean Air Act 

Amendments, the first section 110(h) 

SIP compilation availability notice was 

published on November 1, 1995 (61 FR 

55459). At that time, EPA announced 

that the SIP compilations, comprised of 

the regulatory portion of each State SIP, 

were available at the EPA Regional 

Office serving that particular State. In 

general, the compilations made 

available in 1995 did not include the 

source-specific requirements or other 

documents and materials associated 

with the SIP. With the second notice of 

availability in 1998, the source-specific 

requirements and the ‘‘non-regulatory’’ 

documents [e.g., attainment plans, rate 

of progress plans, emission inventories, 

transportation control measures, statutes 

demonstrating legal authority, 

monitoring networks, etc.] were made 

available and will remain available for 

public inspection at the respective 

regional office listed in the ADDRESSES

section above. If you want to view these 

documents, please make an 

appointment with the appropriate EPA 

Regional Office and arrange for a 

mutually agreeable time. 

IV. What are the documents and 

materials associated with the SIP? 

In addition to state regulations that 

provide for air pollution control, SIPs 

include EPA-approved non-regulatory 

elements (such as transportation control 

measures, local ordinances, State 

statutes, modeling demonstrations, and 

emission inventories). These elements 

must have gone through the State 

rulemaking process with the 

opportunity for public comment. EPA 

also took rulemaking action on these 

elements and those which have been 


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71550 Federal Register / Vol. 75, No. 226 / Wednesday, November 24, 2010 / Rules and Regulations 

EPA-approved or conditionally 

approved are listed along with any 

limitations on their approval. Examples 

of EPA-approved documents and 

materials associated with the SIP 

include, but are not limited to: SIP 

Narratives; Particulate Matter Plans; 

Carbon Monoxide Plans; Ozone Plans; 

Maintenance plans; Vehicle Inspection 

and Maintenance (I/M) SIPs; Emissions 

Inventories; Monitoring Networks; State 

Statutes submitted for the purposes of 

demonstrating legal authority; Part D 

nonattainment area plans; Attainment 

demonstrations; Transportation control 

measures (TCMs); Committal measures; 

Contingency Measures; Non-regulatory 

and Non-TCM Control Measures; 15% 

Rate of Progress Plans; Emergency 

episode plans; and Visibility plans. As 

stated above, the ‘‘non-regulatory’’ 

documents are available for public 

inspection at the appropriate EPA 

Regional Office. 

V. Background 

A. Relationship of National Ambient Air 

Quality Standards (NAAQS) to SIPs 

EPA has established primary and 

secondary National Ambient Air Quality 

Standards (NAAQS) for six criteria 

pollutants, which are widespread 

common pollutants known to be 

harmful to human health and welfare. 

The criteria pollutants are: Carbon 

monoxide; lead; nitrogen oxides; ozone; 

particulate matter; and sulfur dioxide. 

See 40 CFR part 50 for a technical 

description of how the levels of these 

standards are measured and attained. 

State Implementation Plans provide for 

implementation, maintenance, and 

enforcement of the NAAQS in each 

State. Areas within each State that are 

designated nonattainment are subject to 

additional planning and control 

requirements. Accordingly, different 

regulations or programs in the SIP will 

apply to different areas. EPA lists the 

designation of each area at 40 CFR part 

81. 

B. What is a State Implementation Plan? 

The State Implementation Plan is a 

plan for each State that identifies how 

that State will attain and/or maintain 

the primary and secondary National 

Ambient Air Quality Standards 

(NAAQS) set forth in section 109 of the 

Clean Air Act and 40 Code of Federal 

Regulations 50.4 through 50.12 and 

which includes Federally-enforceable 

requirements. Each State is required to 

have a SIP which contains control 

measures and strategies which 

demonstrate how each area will attain 

and maintain the NAAQS. These plans 

are developed through a public process, 

formally adopted by the State, and 

submitted by the Governor’s designee to 

EPA. The Clean Air Act requires EPA to 

review each plan and any plan revisions 

and to approve the plan or plan 

revisions if consistent with the Clean 

Air Act. 

SIP requirements applicable to all 

areas are provided in section 110. Part 

D of title I of the Clean Air Act specifies 

additional requirements applicable to 

nonattainment areas. Section 110 and 

part D describe the elements of a SIP 

and include, among other things, 

emission inventories, a monitoring 

network, an air quality analysis, 

modeling, attainment demonstrations, 

enforcement mechanisms, and 

regulations which have been adopted by 

the State to attain or maintain NAAQS. 

EPA has adopted regulatory 

requirements which spell out the 

procedures for preparing, adopting and 

submitting SIPs and SIP revisions; these 

are codified in 40 CFR part 51. 

EPA’s action on each State’s SIP is 

promulgated in 40 CFR part 52. The first 

section in the subpart in 40 CFR part 52 

for each State is generally the 

‘‘Identification of plan’’ section which 

provides chronological development of 

the State SIP. Alternatively, if the state 

has undergone the new Incorporation by 

Reference formatting process (see 62 FR 

27968; May 22, 1997), the identification 

of plan section identifies the Statesubmitted rules and plan elements that 

have been Federally approved. The goal 

of the State-by-State SIP compilation is 

to identify those rules under the 

‘‘Identification of plan’’ section which 

are currently Federally-enforceable. In 

addition, some of the SIP compilations 

may include control strategies, such as 

transportation control measures, local 

ordinances, State statutes, and emission 

inventories. Some of the SIP 

compilations may not identify these 

other Federally-enforceable elements. 

The contents of a typical SIP fall into 

three categories: (1) State-adopted 

control measures which consist of either 

rules/regulations or source-specific 

requirements (e.g., orders and consent 

decrees); (2) State-submitted ‘‘nonregulatory’’ components (e.g., attainment 

plans, rate of progress plans, emission 

inventories, transportation control 

measures, statutes demonstrating legal 

authority, monitoring networks, etc.); 

and (3) additional requirements 

promulgated by EPA (in the absence of 

a commensurate State provision) to 

satisfy a mandatory section 110 or part 

D (Clean Air Act) requirement. 

C. What does it mean to be federallyenforceable? 

Enforcement of the state regulation 

before and after it is incorporated into 

the Federally-approved SIP is primarily 

a state responsibility. However, after the 

regulation is Federally approved, EPA is 

authorized to take enforcement action 

against violators. Citizens also have 

legal recourse to address violations as 

described in section 304 of the Clean 

Air Act. 

When States submit their most 

current State regulations for inclusion 

into Federally-enforceable SIPs, EPA 

begins its review as soon as possible. 

Until EPA approves a submittal by 

rulemaking action, State-submitted 

regulations will be State-enforceable 

only. Therefore, State-enforceable SIPs 

may exist that differ from Federallyenforceable SIPs. As EPA approves 

these State-submitted regulations, the 

regional offices will continue to update 

the SIP compilations to include these 

applicable requirements. 

Dated: November 17, 2010. 

Lisa P. Jackson, 

Administrator. 

[FR Doc. 2010–29640 Filed 11–23–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2009–0130; FRL–8851–8] 

N,N,N′,N′′,-Tetrakis-(2-Hydroxypropyl) 

Ethylenediamine (NTHE); Exemption 

From the Requirement of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of N,N,N′,N′′,- 

Tetrakis-(2-Hydroxypropyl) 

Ethylenediamine (NTHE; CAS no. 102– 

60–3) when used as an inert ingredient 

stabilizer for formulation for pre- and 

post-harvest uses under 40 CFR 180.910 

and application to animals under 40 

CFR 180.930, at a maximum 

concentration of 20% by weight in 

pesticide formulations. The Joint Inerts 

Task Force (JITF), Cluster Support Team 

Number 15 (CST 15) EPA Company No. 

84947 submitted a petition to EPA 

under the Federal Food, Drug, and 

Cosmetic Act (FFDCA), requesting 

establishment of an exemption from the 

requirement of a tolerance. This 

regulation eliminates the need to 


jlentini on DSKJ8SOYB1PROD with RULES