Federal Register / Vol. 75, No. 67 / Thursday, April 8, 2010 / Rules and Regulations 17863 

2009 mailing histories and the USPScalculated expected June 2010 and 

October 2010 volumes. 

2 A certification letter. 

3 A threshold inquiry form. 

d. Applicants agreeing with the 

volume histories and USPS calculations 

can sign the provided certification letter 

and return a copy via e-mail to 

summersale@usps.gov, or mail 

hardcopy to Summer Sale Program 

Office, 475 L’Enfant Plaza, SW., RM 

5410, Washington, DC 20260–5410, no 

later than June 30, 2010, to be fully 

registered for the program. 

e. Applicants not in agreement with 

any portion of their volume histories 

must complete threshold inquiry form 

and return it, via e-mail to 

summersale@usps.gov, or mail 

hardcopy to Summer Sale Program 

Office, 475 L’Enfant Plaza, SW., RM 

5410, Washington, DC 20260–5410, no 

later than June 30, 2010. 

f. Applicants disputing USPS volume 

histories or calculations will be required 

to provide supporting evidence as 

appropriate. 

g. Upon resolution of threshold and 

expected volume figures, applicants 

must provide a copy of the certification 

letter as described in d. 

h. Mail owners wishing to participate 

in the program, who believe they meet 

the eligibility standards under 2.2 and 

were not notified by letter, may request 

a review of their eligibility by contacting 

the USPS at summersale@usps.gov no 

later than May 15, 2010. 

2.5 Program Participation 

Mail owners may participate in the 

program with qualifying volume as 

follows: 

a. Standard Mail, or Nonprofit 

Standard Mail, letters and/or flats 

volume mailed by the participant 

through the participant’s own permit 

imprint advance account, precanceled 

stamp permit(s), or postage meter 

permit(s); 

b. Standard Mail, or Nonprofit 

Standard Mail, letters and/or flats 

volume prepared by a mail service 

provider, when entered through a 

permit owned by the participant; 

c. Standard Mail, or Nonprofit 

Standard Mail, letters and/or flats pieces 

mailed through a mail service provider’s 

permit, only when the pieces can be 

identified as being prepared for the 

participant and when the applicant’s 

prior mailing activity through the mail 

service provider’s permit can be 

validated. 

2.6 Incentive Program Credits 

Approved participants demonstrating 

an increase in Standard Mail, or 

Nonprofit Standard Mail, letters and 

flats volume above their threshold level 

qualify for a credit to a single designated 

permit imprint advance deposit account 

or Centralized Account Payment System 

(CAPS) account as follows: 

a. The total postage paid for Standard 

Mail, or Nonprofit Standard Mail, letters 

and flats recorded during the program 

will be identified for each participant. 

b. The total postage paid during the 

program period will be divided by the 

total number of recorded pieces to 

generate the average price per piece for 

the program period. 

c. Participants will receive a credit in 

the amount of thirty percent (30%) of 

the average price per piece applied to 

the total number of mailpieces (less any 

adjustments resulting from the mailing 

activity review under 2.7), for the 

incremental volume above their 

threshold level, recorded during the 

program period. 

2.7 Mailing Activity Review 

Mailing activity by participants will 

be reviewed in the calendar months 

preceding and following the end of the 

program. The qualifying volume 

recorded for participants may be 

adjusted in accordance with the 

following: 

a. For the 2010 Standard Mail 

Incentive Program, each participant’s 

June 2010 and October 2010 expected 

volume will be defined as five percent 

(5%) above (or 105% of) the total 

consolidated volume of Standard Mail 

letters and/or flats recorded for the 

participant in June 2009 and October 

2009 respectively. 

b. Each participant’s actual June 2010 

and October 2010 volume will be 

compared to their respective June 2010 

and October 2010 expected volume. 

c. Participants demonstrating a 

shortfall in volume to either their June 

2010 or October 2010 expected volumes 

will have that shortfall deducted from 

the number of mailpieces eligible for an 

incentive credit within the program 

regardless of any surplus demonstrated 

in the expected volume threshold of the 

other month. 

* * * * * 

Stanley F. Mires, 

Chief Counsel, Legislative. 

[FR Doc. 2010–7896 Filed 4–7–10; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2009–0712; FRL–9134–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Reasonable Further 

Progress Plan, 2002 Base Year 

Inventory, Reasonably Available 

Control Measures, Contingency 

Measures, and Transportation 

Conformity Budgets for the Delaware 

Portion of the Philadelphia 1997 8-Hour 

Ozone Moderate Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a revision to 

the Delaware State Implementation Plan 

(SIP) to meet the reasonable further 

progress (RFP) requirements of the 

Clean Air Act (CAA) for the Delaware 

portion of the Philadelphia 1997 8-hour 

ozone moderate nonattainment area. 

EPA is also approving the RFP plan’s 

motor vehicle emissions budgets 

(MVEBs), the 2002 base year emissions 

inventory, contingency measures, and 

the reasonably available control 

measure (RACM) analysis associated 

with this revision. EPA is approving the 

SIP revision because it satisfies the 

requirements for the 1997 8-hour ozone 

national ambient air quality standard 

(NAAQS) nonattainment areas classified 

as moderate and demonstrates further 

progress in reducing ozone precursors. 

EPA is approving the SIP revision 

pursuant the CAA and EPA’s 

regulations. 

DATES: Effective Date: This final rule is 

effective on May 10, 2010. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2009–0712. All 

documents in the docket are listed in 

the http://www.regulations.gov Web 

site. Although listed in the electronic 

docket, some information is not publicly 

available, i.e., 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 either electronically through 

http://www.regulations.gov or in hard 

copy for public inspection during 

normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 


sroberts on DSKD5P82C1PROD with RULES
17864 Federal Register / Vol. 75, No. 67 / Thursday, April 8, 2010 / Rules and Regulations 

19103. Copies of the State submittal are 

available at the Delaware Department of 

Natural Resources & Environmental 

Control, 89 Kings Highway, P.O. Box 

1401, Dover, Delaware 19903. 

FOR FURTHER INFORMATION CONTACT: Rose 

Quinto, (215) 814–2182, or by e-mail at 

quinto.rose@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On January 15, 2010 (75 FR 2452), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of 

Delaware. The NPR proposed approval 

of the 15 percent RFP plan, the RFP 

plan’s 2008 MVEBs, the 2002 base year 

emissions inventory, contingency 

measures, and the RACM analysis for 

the Delaware portion of the 

Philadelphia 1997 8-hour ozone 

moderate nonattainment area. The 

formal SIP revision was submitted by 

the Delaware Department of Natural 

Resources and Environmental Control 

on June 13, 2007. 

II. Summary of SIP Revision 

The SIP revision addresses emissions 

inventory, RACM, contingency 

measures and the RFP requirements for 

the 1997 8-hour ozone NAAQS for the 

Delaware portion of the Philadelphia 

moderate nonattainment area. The SIP 

revision also establishes MVEBs for 

2008. Other requirements of the SIP 

revision and the rationale for EPA’s 

proposed action are explained in the 

NPR and will not be restated here. No 

public comments were received on the 

NPR. 

III. Final Action 

EPA is approving the Delaware SIP 

revision that meets the RFP 

requirements of the CAA for the 

Delaware portion of the Philadelphia 

1997 8-hour ozone moderate 

nonattainment area. EPA is also 

approving the RFP plan’s MVEBs, the 

2002 base year emissions inventory, 

contingency measures, and RACM 

analysis associated with the SIP 

revision. The SIP revision satisfies the 

requirements for the 1997 8-hour ozone 

NAAQS nonattainment areas classified 

as moderate and demonstrates further 

progress in reducing ozone precursors. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, 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 CAA. 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 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). 

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. 

B. Submission to Congress and the 

Comptroller General 

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). 

C. Petitions for Judicial Review 

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 June 7, 2010. 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 pertaining to the 

Delaware’s RFP Plan, 2002 base year 

emissions inventory, contingency 

measures, RACM analysis, and 

transportation conformity budgets, 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, Nitrogen dioxide, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: March 25, 2010. 

W.C. Early, 

Acting Regional Administrator, EPA Region 

III. 

■ 40 CFR part 52 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 I—Delaware 

■ 2. In § 52.420, the table in paragraph 

(e) is amended by adding at the end of 

the table, the entries for Reasonable 

Further Progress Plan (RFP), Reasonably 

Available Control Measures and 

Contingency Measures; 2002 Base Year 

Inventory for VOC, NOX and CO; and 

2008 RFP Transportation Conformity 

Budgets for the Delaware Portion of the 

Philadelphia 1997 8-hour Ozone 

Moderate Nonattainment Area. The 

amendments read as follows: 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 67 / Thursday, April 8, 2010 / Rules and Regulations 17865 

§ 52.420 Identification of plan. 

* * * * * 

(e) * * * 

Name of non-regulatory SIP 

revision Applicable geographic area State submittal date EPA approval date Additional explanation 

* * * * * * * 

Reasonable Further Progress 

Plan (RFP), Reasonably 

Available Control Measures, 

and Contingency Measures.

Delaware portion of the Philadelphia 1997 8-hour ozone 

moderate nonattainment 

area.

6/13/07 4/8/10 [Insert page number 

where the document begins].

2002 Base Year Inventory for 

VOC, NOX, and CO.

Delaware portion of the Philadelphia 1997 8-hour ozone 

moderate nonattainment 

area.

6/13/07 4/8/10 [Insert page number 

where the document begins].

2008 RFP Transportation 

Conformity Budgets.

Delaware portion of the Philadelphia 1997 8-hour ozone 

moderate nonattainment 

area.

6/13/07 4/8/10 [Insert page number 

where the document begins].

■ 3. Section 52.423 is amended by 

revising the section heading and by 

adding paragraph (b) to read as follows: 

§ 52.423 Base Year Emissions Inventory. 

* * * * * 

(b) EPA approves as a revision to the 

Delaware State Implementation Plan the 

2002 base year emissions inventories for 

the Delaware portion of the 

Philadelphia 1997 8-hour ozone 

moderate nonattainment area submitted 

by the Secretary of the Department of 

Natural Resources and Environmental 

Control on June 13, 2007. This submittal 

consists of the 2002 base year point, 

area, non-road mobile, and on-road 

mobile source inventories in area for the 

following pollutants: Volatile organic 

compounds (VOC), carbon monoxide 

(CO) and nitrogen oxides (NOX). 

■ 4. Section 52.426 is amended by 

adding paragraphs (g) and (h) to read as 

follows: 

§ 52.426 Control strategy plans for 

attainment and rate-of-progress: Ozone. 

* * * * * 

(g) EPA approves revisions to the 

Delaware State Implementation Plan 

consisting of the 2008 reasonable further 

progress (RFP) plan, reasonably 

available control measures, and 

contingency measures for the Delaware 

portion of the Philadelphia 1997 8-hour 

ozone moderate nonattainment area 

submitted by the Secretary of the 

Department of Natural Resources and 

Environmental Control on June 13, 

2007. 

(h) EPA approves the following 2008 

RFP motor vehicle emissions budgets 

(MVEBs) for the Delaware portion of the 

Philadelphia 1997 8-hour ozone 

moderate nonattainment area submitted 

by the Secretary of the Department of 

Natural Resources and Environmental 

Control on June 13, 2007: 

TRANSPORTATION CONFORMITY EMISSIONS BUDGETS FOR THE DELAWARE PORTION OF THE PHILADELPHIA AREA FOR THE

2008 RATE OF PROGRESS PLAN

County 

2008 Emissions 

(tons per day) Effective date of adequacy determination or SIP 

approval 

VOC NOX

Kent .......................................................................... 4.14 9.68 January 5, 2009, (73 FR 77682), published December 19, 2008. 

New Castle ............................................................... 10.61 21.35 

Sussex ...................................................................... 7.09 12.86 

State Total ......................................................... 21.84 43.89 

[FR Doc. 2010–7878 Filed 4–7–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2009–0731; FRL–9129–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Wisconsin; Particulate Matter 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: Wisconsin updated its state 

ambient air quality standards rules to 

match the current Federal standards. 

The updates were made to the 

particulate matter standards by adding 

fine particulate standards and revoking 

the state’s course particulate standards. 

EPA revised its particulate matter 

standards in October 2006 by 

strengthening the 24-hour fine 

particulate standard and revoking the 

annual standard for course particulate. 

EPA is approving the revisions to the 

Wisconsin State Implementation Plan 

(SIP) as requested by the state on 

September 11, 2009. 


sroberts on DSKD5P82C1PROD with RULES