93620 Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Rules and Regulations 

1Since the primary and secondary 2008 ozone 

standards are the same, we hereafter refer to them 

herein using the singular ‘‘2008 ozone standard.’’ 

Sortation Level OEL Example 

Additional required human-readable text for use with combined mailings of USPS Marketing Mail and Periodical flats: 

5-Digit Scheme (and other sortation levels as appropriate) ...................................... ******SCH 5–DIGIT 12345 MIX COMAIL. 

5-Digit Scheme (Automation FSS flats) ..................................................................... *****SCH 5–DIGIT 12345 FSSD COMAIL. 

5-Digit (Nonautomation FSS flats) ............................................................................. *****SCH 5–DIGIT 12345 FSSE COMAIL. 

3-Digit (Automation FSS flats) .................................................................................... *****SCH 5–DIGIT 12345 FSSF COMAIL. 

3-Digit (Nonautomation FSS flats) ............................................................................. *****SCH 5–DIGIT 12345 FSSG COMAIL. 

ADC (Automation FSS flats) ...................................................................................... *****SCH 5–DIGIT 12345 FSSK COMAIL. 

ADC (Nonautomation FSS flats) ................................................................................ *******SCH 5–DIGIT 12345 FSS COMAIL. 

Carrier Route high density plus (FSS flats) ............................................................... ******SCH 5–DIGIT 12345. 

FSSG COMAIL ........................................................................................................... ******SCH 5–DIGIT 12345 FSSA COMAIL. 

Carrier Route high density (FSS flats) ....................................................................... ******SCH 5-DIGIT 12345 FSSB COMAIL. 

FSSC COMAIL ........................................................................................................... ******SCH 5-DIGIT 12345 FSSA COMAIL. 

Carrier Route high density (FSS flats) ....................................................................... ******SCH 5-DIGIT 12345 FSSC COMAIL. 

Carrier Route basic .................................................................................................... ******SCH 5-DIGIT 12345 FSSC COMAIL. 

* * * * * 

7.1.8 Required OEL Use in Combined 

Mailings of USPS Marketing Mail and 

Periodicals Flats 

* * * The following additional 

standards also apply: 

* * * * * 

[Revise item c to read as follows.] 

c. When combined mailings of USPS 

Marketing Mail and Periodicals flats are 

prepared to FSS zones under 

705.15.1.11, each mailpiece must bear 

an optional endorsement line in humanreadable text, including the correct ZIP 

code listed in Column B of L006, as 

described in Exhibit 7.1.1. 

* * * * * 

We will publish an appropriate 

amendment to 39 CFR part 111 to reflect 

these changes. 

* * * * * 

Stanley F. Mires, 

Attorney, Federal Compliance. 

[FR Doc. 2016–30381 Filed 12–20–16; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2016–0543 FRL–9956–98- 

Region 9] 

Determination of Attainment of the 

2008 Ozone National Ambient Air 

Quality Standards; Eastern San Luis 

Obispo, California 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing our 

determination that the San Luis Obispo 

(Eastern San Luis Obispo) ozone 

nonattainment area (NAA) in California 

has attained the 2008 ozone National 

Ambient Air Quality Standards 

(NAAQS or ‘‘standards’’) by the 

applicable attainment date of July 20, 

2016. This determination is based on 

complete, quality-assured and certified 

data for the 3-year period preceding that 

attainment date. Based on this 

determination, the Eastern San Luis 

Obispo NAA will not be reclassified to 

a higher ozone classification. 

DATES: This rule will be effective on 

January 20, 2017. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2016–0543. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly-available, 

e.g., 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 through http://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Nancy Levin, EPA Region IX, (415) 972– 

3848, levin.nancy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Summary of Proposed Rule 

II. Public Comments and EPA Responses 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Summary of Proposed Rule 

On October 12, 2016 (81 FR 70382), 

the EPA proposed to determine that the 

Eastern San Luis Obispo ozone NAA has 

attained the 2008 ozone standard by the 

applicable attainment date of July 20, 

2106, based on complete, qualityassured and certified ambient air quality 

monitoring data for the 2013–2015 

monitoring period. San Luis Obispo 

County is the northern-most county 

within the air basin designated by 

California as the South Central Coast Air 

Basin. The NAA encompasses roughly 

the eastern half of San Luis Obispo 

County. For the precise boundaries of 

the Eastern San Luis Obispo 2008 ozone 

NAA, see 40 CFR 81.305. 

Our proposed rule provided 

background information on the 2008 

ozone standards,1 the EPA’s 

classification of the Eastern San Luis 

Obispo NAA under the Clean Air Act 

(CAA) as ‘‘Marginal’’ for the 2008 ozone 

standard, and the EPA’s prior approval 

of an extension of the applicable 

attainment date for the area from July 

20, 2015 to July 20, 2016 (81 FR 26697, 

May 4, 2016). In our proposed rule, we 

described our obligation under CAA 

section 181(b)(2)(A) to determine 

whether an ozone NAA attained the 

ozone NAAQS by the applicable 

attainment date within six months of 

that date; how we determine whether an 

area’s air quality meets the 2008 ozone 

standard; and the relevant air quality 

monitoring agencies in the Eastern San 

Luis Obispo ozone NAA, their 

monitoring network plans, and the 

relevant ozone monitoring sites. We also 

discussed our previous review of the 

networks and network plans, the annual 

certifications of ambient air monitoring 

data, and our determination of 

completeness for 2013–2015 data from 

the two ozone monitoring sites within 

the Eastern San Luis Obispo NAA. 

Our proposed rule included a table of 

ozone ‘‘design values’’ at the two ozone 

monitoring sites in the Eastern San Luis 


asabaliauskas on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Rules and Regulations 93621 

2The design value is a statistic that describes the 

air quality status of a given location relative to the 

level of the NAAQS. For the purpose of comparison 

with the 2008 ozone standard, the design value for 

a site is the 3-year average of the annual fourth 

highest daily maximum 8-hour average ozone 

concentrations. The design value for a given area is 

based on the monitoring site with the highest 

design value. 

Obispo NAA.2 See 81 FR 70382, at 

70384. As explained in our proposed 

rule, the 2008 ozone standard is attained 

in an area when the design value is less 

than or equal to 0.075 parts per million 

(ppm), as determined in accordance 

with 40 CFR part 50, appendix P, at 

each monitoring site within the area. 

See 40 CFR 50.15. Based on our review 

of the monitoring data, which showed a 

design value for the area of 0.073 ppm 

(based on data collected at the Red Hills 

site) for 2013–2015, and taking into 

account the extent and reliability of the 

applicable ozone monitoring network, 

we proposed to determine that the 

Eastern San Luis Obispo NAA has 

attained the 2008 ozone standard by the 

applicable attainment date of July 20, 

2016 based on complete, certified and 

quality-assured data for the 2013–2015 

period. Lastly, we noted that if we 

finalize our proposed determination, 

then the Marginal Eastern San Luis 

Obispo NAA would not be subject to 

reclassification to ‘‘Moderate’’ for the 

2008 ozone standard, that a 

determination of attainment by the 

applicable attainment date would not 

constitute a redesignation, and that the 

designation status of the Eastern San 

Luis Obispo area would remain 

nonattainment for the 2008 ozone 

standard until such time as the EPA 

determines that the area meets the CAA 

requirements for redesignation to 

attainment. Please see our proposed rule 

for more information concerning these 

topics. 

II. Public Comments and EPA 

Responses 

The EPA’s proposed action provided 

a 30-day public comment period. During 

this period, we received no comments. 

III. Final Action 

Under CAA section 181(b)(2)(A), and 

based on the rationale presented in our 

proposed rule and summarized above, 

the EPA is finalizing our determination 

that the Eastern San Luis Obispo ozone 

NAA has attained the 2008 ozone 

NAAQS by the applicable attainment 

date of July 20, 2016. The EPA is 

making this determination based on 

complete, quality-assured and certified 

ambient air quality monitoring data for 

the 2013–2015 monitoring period. As a 

result of this determination, the Eastern 

San Luis Obispo 2008 ozone NAA will 

not be reclassified to a higher 

classification for the 2008 ozone 

standard. 

IV. Statutory and Executive Order 

Reviews 

This action is a determination based 

on air quality data 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); 

• 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 (Public Law 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 the 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 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. The 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 February 21, 

2017. 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, 

Oxides of nitrogen, Ozone, Volatile 

organic compounds. 

Dated: December 8, 2016. 

Alexis Strauss, 

Acting Regional Administrator, Region IX. 

Chapter I, title 40 of the Code of 

Federal Regulations 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 F—California 

■ 2. Section 52.282 is amended by 

adding paragraph (i) to read as follows: 

§ 52.282 Control strategy and regulations: 

Ozone 

* * * * * 

(i) Determination of attainment. The 

EPA has determined that, as of January 

20, 2017, the San Luis Obispo (Eastern 

San Luis Obispo) 2008 8-hour ozone 

nonattainment area in California has 

attained the 2008 ozone standard by the 

July 20, 2016 applicable attainment 

date, based upon complete, qualityVerDate Sep<11>2014 17:05 Dec 20, 2016 Jkt 241001 PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 E:\FR\FM\21DER1.SGM 21DER1

asabaliauskas on DSK3SPTVN1PROD with RULES
93622 Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Rules and Regulations 

1Located in 40 CFR part 51, subpart P. 

2This April 24, 2012, action did not include the 

BART determination for Eastman Chemical 

Company (Eastman). On November 27, 2012, EPA 

finalized approval of the BART requirements for 

Eastman that were provided in the April 4, 2008, 

regional haze SIP, as later modified and 

supplemented on May 14, 2012, and May 25, 2012 

(77 FR 70689). 

3Although a number of parties challenged the 

legality of CSAPR and the D.C. Circuit initially 

vacated and remanded CSAPR to EPA in EME 

Homer City Generation, L.P. v. EPA, 696 F.3d 7 

(D.C. Cir. 2012), the United States Supreme Court 

reversed the D.C. Circuit’s decision on April 29, 

2014, and remanded the case to the D.C. Circuit to 

resolve remaining issues in accordance with the 

high court’s ruling. EPA v. EME Homer City 

Generation, L.P., 134 S. Ct. 1584 (2014). On remand, 

the D.C. Circuit affirmed CSAPR in most respects, 

and CSAPR is now in effect. EME Homer City 

Generation, L.P. v. EPA, 795 F.3d 118 (D.C. Cir. 

2015). 

assured and certified data for 2013– 

2015. Therefore, the EPA has met its 

obligation pursuant to CAA section 

181(b)(2)(A) to determine, based on the 

area’s air quality data as of the 

attainment date, whether the area 

attained the standard. As a result of this 

determination, the San Luis Obispo 

(Eastern San Luis Obispo) 2008 ozone 

nonattainment area in California will 

not be reclassified for failure to attain by 

the July 20, 2016 applicable attainment 

date under section 181(b)(2)(A). 

[FR Doc. 2016–30476 Filed 12–20–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2013–0799; FRL- 9956–90- 

Region 4] 

Air Plan Approval; Tennessee; 

Regional Haze Progress Report 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Tennessee 

through the Tennessee Department of 

Environment and Conservation (TDEC) 

on April 19, 2013. Tennessee’s April 19, 

2013, SIP revision (Progress Report) 

addresses requirements of the Clean Air 

Act (CAA or Act) and EPA’s rules that 

require each state to submit periodic 

reports describing progress towards 

reasonable progress goals (RPGs) 

established for regional haze and a 

determination of the adequacy of the 

State’s existing SIP addressing regional 

haze (regional haze plan). EPA is 

approving Tennessee’s Progress Report 

on the basis that it addresses the 

progress report and adequacy 

determination requirements for the first 

implementation period for regional 

haze. 

DATES: This rule will be effective 

January 20, 2017. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2013–0799. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information may not be 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: 

Michele Notarianni, 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. 

Notarianni can be reached by phone at 

(404) 562–9031 and via electronic mail 

at notarianni.michele@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Under the Regional Haze Rule,1 each 

state was required to submit its first 

implementation plan addressing 

regional haze visibility impairment to 

EPA no later than December 17, 2007. 

See 40 CFR 51.308(b). Tennessee 

submitted its regional haze plan on 

April 4, 2008, and like many other states 

subject to the Clean Air Interstate Rule 

(CAIR), relied on CAIR to satisfy best 

available retrofit technology (BART) 

requirements for emissions of sulfur 

dioxide and nitrogen oxides from 

electric generating units in the State. 

On April 24, 2012, EPA finalized a 

limited approval of Tennessee’s April 4, 

2008, regional haze plan as meeting 

some of the applicable regional haze 

requirements as set forth in sections 

169A and 169B of the CAA and in 40 

CFR 51.300–51.308.2 Also in this April 

24, 2012, action, EPA finalized a limited 

disapproval of Tennessee’s regional 

haze plan because of deficiencies arising 

from the State’s reliance on CAIR to 

satisfy certain regional haze 

requirements. See 77 FR 24392. On June 

7, 2012, EPA promulgated Federal 

Implementation Plans (FIPs) to replace 

reliance on CAIR with reliance on the 

Cross State Air Pollution Rule (CSAPR) 

to address deficiencies in CAIRdependent regional haze plans of 

several states, including Tennessee’s 

regional haze plan.3 See 77 FR 33642. 

Each state is also required to submit 

a progress report in the form of a SIP 

revision every five years that evaluates 

progress towards the RPGs for each 

mandatory Class I Federal area within 

the state and for each mandatory Class 

I Federal area outside the state which 

may be affected by emissions from 

within the state. See 40 CFR 51.308(g). 

Each state is also required to submit, at 

the same time as the progress report, a 

determination of the adequacy of its 

existing regional haze plan. See 40 CFR 

51.308(h). The first progress report was 

due five years after submittal of the 

initial regional haze plan. 

On April 19, 2013, as required by 40 

CFR 51.308(g), TDEC submitted to EPA, 

in the form of a revision to Tennessee’s 

SIP, a report on progress made towards 

the RPGs for Class I areas in the State 

and for Class I areas outside the State 

that are affected by emissions from 

sources within the State. This 

submission also includes a negative 

declaration pursuant to 40 CFR 

51.308(h)(1) that the State’s regional 

haze plan is sufficient in meeting the 

requirements of the Regional Haze Rule. 

In a notice of proposed rulemaking 

(NPRM) published on September 28, 

2016 (81 FR 66596), EPA proposed to 

approve Tennessee’s Progress Report on 

the basis that it satisfies the 

requirements of 40 CFR 51.308(g) and 

51.308(h). No comments were received 

on the September 28, 2016, proposed 

rulemaking. The details of Tennessee’s 

submittal and the rationale for EPA’s 

action is further explained in the NPRM. 

See 81 FR 66596 (September 28, 2016). 

II. Final Action 

EPA is finalizing approval of 

Tennessee’s Regional Haze Progress 

Report SIP revision, submitted by the 

State on April 19, 2013, as meeting the 

applicable regional haze requirements 


asabaliauskas on DSK3SPTVN1PROD with RULES