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Citation: 72 Fed. Reg. 61525 2007

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-- The search text of this PDF is generated from uncorrected OCR text.Federal Register/Vol. 72, No. 210/Wednesday, October 31, 2007/Rules and Regulations

international agreements, COD service will not be provided.

Further, Express Mail service will be provided for inbound and outbound items, but without aguarantee. This is, however, substantially the same expedited service now offered to the FSM and the RMI. That is, as international destinations, the customers ofthe RMI and FSM currently receive Express Mail International service, which generally does not provide a guarantee, but which does receive expedited handling over other classes ofmail. Thishandling of the Express Mail without a guarantee willcontinue to provide abenefit to the customers who choose it.

The Postal Service adopts the following changes toMailingStandards of the UnitedStatesPostalService, Domestic Mail Manual (DMM®),which is incorporated by reference in the Code of

Federal Regulations.See 39 CFR part 111.

List of Subjects in 39 CFR Part111

Postal Service.
PART 11.1-[AMENDED]

0 1.The authority citation for 39 CFR part 111 continues to read as follows:

Authority: 5U.S.C. 552(a); 39 U.S.C. 101, 401,403,404,414,416,3001-3011,3201- 3219,3403-3406,3621,3626,5001.

* 2. Revisethe following sections of MailingStandardsofthe UnitedStates PostalService,Domestic Mail Manual (DMM), as follows:

* * * * *
500 Additional Mailing Services
503 Extra Services

* * * * *
6.0 ReturnReceipt

* * * * *
6.2 Basic Information 6.2.1 Description

[Revise the thirdsentencein 6.2.1 as follows:] * * * The electronic option is not available for items mailed to APO and FPO addresses or U.S. territories, possessions, and Freely Associated States listed in 608.2.0. * * *

11.0 Collect on Delivery (COD)

*.* * * * 11.2 Basic Information

* * * * 11.2.6 Ineligible Matter COD service may notbe used for:

[Revise 11.2.6by addingnew item f as follows:] f.Articles sent to or fromthe Republic ofthe Marshall Islands andthe Federated States ofMicronesia.

600 Basic Standardsfor All Mailing Services 601 Mailability

* * * * *
9.0 Perishables

* * *e

. 9.3 Live Animals

*k * * * *

[Revise theheadingandtext in 9.3.6

asfollows:] 9.3.6 Mailed to Pacific Islands

Animals mailed to the Republic of Palau, the Republic ofthe Marshall Islands, and the Federated States of Micronesia require a permit issued by the government ofthe destination country.

* * * * *-
9.3.8 OtherInsects

[Revise the textin thesecondsentence of9.3.8as follows:] * * * Such insects mailed to the Republic ofPalau, the Republic ofthe Marshall Islands, and the Federated States ofMicronesia are also subject to the regulations ofthe destination country.

* * * * *
608 Postal Information and Resources

2.0 Domestic Mail

* * * * *
2.2 Mail Treated as Domestic

[Revise the listof Freely Associated Statesin 2.2 by addingtheRepublicof theMarshallIslands,andtheFederated States of Micronesiaas follows:] Marshall Islands, Republic of the

Ebeye Island KwajaleinIsland MajuroIsland Micronesia, Federated States of

Chuuk (Truk)Island KosraeIsland PohnpeiIsland Yap Island Palau, Republic of

KororIsland

* * * * * 2.4 Customs FormsRequired [Revise the firstsentencein 2.4 to add theZIP CodesoftheRepublic of the Marshall IslandsandtheFederated Statesof Micronesiaas follows:] Regardless ofcontents, all Priority Mail weighing 16 ounces or more sent from the United States to ZIP Codes 96910-44, 96950-52, 96960, 96970, and 96799, and all Priority Mail sent from these ZIP Codes to the United States, mustbear customs Form 2976-A. * * *

* * * * *

An appropriate amendment to 39 CFR part 111 to reflect these changes will be published.
Neva Watson, Attorney,Legislative. [FR Doc. E7-21487 Filed 10-30-07; 8:45 am]

BILLING CODE 7710-12-P

ENVIRONMENTAL PROTECTION

AGENCY
40 CFR Part 52 [EPA-R09-OAR-2007-0459; FRL-8487-6]
Revisionsto the California State Implementation Plan, Great Basin Unified Air PollutionControl District and Mojave Desert AirQuality Management District AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule.
SUMMARY: EPA is taking direct final action to approve revisions to the Great Basin Unified Air Pollution Control District (GBUAPCD) and Mojave Desert Air Quality Management District (MDAQMD) portions ofthe California State Implementation Plan (SIP). These revisions concern particulate matter (PM-10) emissions from wood burning appliances and open outdoor fires. We
are approving local rulesunder the Clean Air Act as amended in 1990 (CAA

or the Act). DATES: This rule is effective on December 31, 2007 without further notice, unless EPA receives adverse comments by November 30, 2007. Ifwe receive such comments, we will publish

atimely withdrawal in the Federal Register to notifythe public that this direct finalrule will not take effect. ADDRESSES: Submit comments, identified by docket number EPA-R09- OAR-2007-0459, by one ofthe following methods:

- FederaleRulemakingPortal: www.regulations.gov.Follow the on-line instructions.

- E-mail:steckel.andrew@epa.gov. 

### 61525

### 61526 Federal Register/Vol. 72, No. 210/Wednesday, October 31, 2007/Rules and Regulations

e Mailordeliver:Andrew Steckel (Air-4),U.S. Environmental Protection Agency Region IX,75 Hawthorne Street, San Francisco, CA 94105.

Instructions: All comments will be included in the public docket without change andmay be made available online at www.regulations.gov, including any personal information provided, unless the comment includes Confidential Business Information (CBI)

or other information whose disclosure is restricted by statute. Information that you consider CBI or otherwise protected should be clearly identified as such and should not be submitted through www.regulations.govor e-mail. www.regulations.govis an "anonymous access" system, and EPA willnot know your identity or contact information unless you provide it in the body of your comment. Ifyou send e-mail directly to EPA, your e-mail address will be automatically captured and included as part ofthe public comment. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment.

Docket:The index to the docket for this action is available electronically at www.regulations.govand in hard copy atEPA Region IX, 75 Hawthorne Street, San Francisco, California. While all documents inthe docket are listed in the index, some information may be publicly available only atthe hard copy location (e.g., copyrighted material), and

some may notbe publicly available in either location (e.g., CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONrACT section.
FOR FURTHER INFORMATION CONTACT: Al Petersen, EPA Region IX, (415) 947- 4118,petersen.alfred@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, "we,' "us" and "our" refer to EPA.
Table ofContents I.The State's Submittal

A. Whatrules did theState submit? B.Are there other versions ofthese rules? C. What are the purposes ofthe submitted

rule revisions? II. EPA's Evaluation and Action

A. HowisEPA evaluating the rules? B.Do the rules meet theevaluation

criteria? C. EPA Recommendation toFurther

Improve a Rule D.Public Comment and Final Action 

### I. Statutory and Executive Order Reviews
I. The State'sSubmittal
A. What rulesdidthe Statesubmit?

Table 1 lists the rules we are approving withthe dates that the rules

were amended by the local air agencies and-submitted by the California Air Resources Board (CARB).

TABLE 1.- SUBMTTED RULES

Local agency Rule No. Rule title Revised or amended Submitted

GBUAPCD

.......................................... 405 Exceptions

.......................................... 07/07/05 Revised

........ .. ............. 10/20/05 GBUAPCD

.......................................... 431 Particulate Matter

............................... 12/04/06 Revised

............................... 05/08/07 MDAQMD

........................................... 444 Open Outdoor Fires

........................... 09/25/06 Amended

............................. 05/08/07

On November 22, 2005, the submittal ofGBUAPCD Rule 405 was determined to meet the completeness criteria in 40 CFRpart 51 appendix V, which must be metbefore formal EPA review. On July 23, 2007, the submittal ofGBUAPCD Rule 431 and MDAQMD Rule 444 was determined to meet the completeness criteria.
B.Are thereotherversions ofthese rules?

A version of GBUAPCD Rule 405 was approved into the SEP on June 6, 1977 (42 FR 28883). EPA has not acted on a version ofRule 405 revised on May 8, 1996 and submitted on August 5, 2002. While we can act only on the most recent version, we have considered the contents ofthe superseded version.

A version of GBUAPCD Rule 431 was approved into the SIP onJune 24, 1996 (61 FR 32341).

MDAQMD was previ6usly comprised ofthe Riverside County Air District (RCAD) and the San Bernardino County Air District (SBCAD). The versions on which the current MDAQMD Rule 444

arebased areRCAD Rule 444, SBCAD Rule 57, and SBCAD Rule 57.1, which

were approved into the SIP on September 8, 1978 (43 FR 40011), June 14, 1978 (43 FR 25684), and June 14, 1978 (43 FR 25684), respectively. C. What arethepurposesofthe submittedrulerevisions?

Section 110(a) ofthe Clean Air Act (CAA) requires states to submit regulations that control volatile organic compounds, nitrogen oxides, particulate matter, and other air pollutants which harm human health andthe environment. These rules were developed as part of local air districts' programs to control these pollutants.

The purposes of the submitted GBUAPCD Rule 405 revisions -relativeto the SIP rule are as follows:

* (405.preamble): The rule extends the applicability ofthe listed exceptions to Rule 404-A, Particulate Matter, and Rule 404-B, Oxides ofNitrogen, from the original Rule 400, Ringlemann Chart.

o (405.C,E): The rule deletes the exceptions to open burning regulations for agricultural operations and the use of other agricultural equipment necessary in the growing ofcrops or raising offowl or animals.

e (405.F,G,H,I,J): The rule adds exceptions to open burning regulations for (a)the treatment of waste propellants, explosives, and pyrotechnics in open burning/open detonation operations on military bases for operations approved in a burn plan

as regulated by SIP Rule 432, (b) burning ofmaterials for special effects in filming or video operations, (c) the disposal ofcontraband byburning, (d) recreational or ceremonial fires, and (e)

a fire set for the purpose ofeliminating

a public health hazard that cannot be abated by any other practical means.

The purposes ofthe submitted GBUAPCD Rule 431 revisions relative to the SIP rule are as follows:

* 431.A: The rule is expanded to include communities that are determined by the Board ofGBUAPCD to be High Road Dust Areas (HRDA) or HighWood Smoke Areas (HWSA), which contribute to exceedences ofstate

or federal 24-hour PM-2.5 orPM-10 standards. The SIP rule applies only to the Town ofMammoth Lakes.

* 431.B: The rule adds appropriate definitions for HRDA and HWSA in addition to the HRDA and HWSA government agencies that regulate these

areas.

* 431.C.5: The rule adds the requirement that a HWSA keep a record of all EPA Phase II certified woodburning appliances.

* 431.D.3 and 4: The rule adds the requirement to obtain a building permit from the Town ofMammoth Lakes for the installation ofall solid fuelburning appliances. Outside the Town ofFederal Register/Vol. 72, No. 210/Wednesday, October 31, 2007/Rules and Regulations

Mammoth Lakes, the building permit is obtained from the HWSA agency.

* 431.D.5 and E: The rule adds requirements forinspectors for verification ofcompliance with regulations for installation ofnew certified solid fuel burning appliances and removal or replacement ofnoncertified appliances. * 431.1 andJ:The rule adds requirements and thresholds for mandatory curtailment and voluntary curtailment ofsolid fuel combustion in the Town of Mammoth Lakes and HWSA areas.

The purposes ofthe submitted MDAQMD Rule 444 revisions relative to the SIPrules are as follows:

* 444(A): The rule is revised to apply the District Smoke Management Program to open burning while minimizing smoke impacts to the public.

* 444(B)(13): The rule replaces an "Approved Burn Plan" with a "Smoke Management Plan."

* 444(C)(1): The rule adds the requirement for all burn projects that are greater than 10 acres orthat are estimated to produce more than one ton ofparticulate matter shallbe conducted in accordance with the Smoke Management Program.

e 444(C)(2): The rule adds a list of materials prohibited from open burning.

e 444(C)(3): Therule adds the permission tobum during adverse meteorological conditions in a case where there would be an imminent and substantial economic loss, providing a special permit is obtained from the District and not a local fire agency. * 444(C)(4): The rule adds the provision for a prescribed burn permittee to obtain from CARB up to 48 hours ir advance of the burn day a permissive-burn, marginal-bum, or noburn forecast.

* 444(C)(6): The rule adds requirements for ignition, stacking, drying, and time ofday for open burning, except for prescribed burning.

* 444(C)(7): The rule adds to the list ofburning applications with apermit (a) empty containers used for explosives, (b)right-of-way clearance for a public entity or utility, or (c)wood waste.

* 444(C)(9): The rule adds the requirement for a Smoke Management Plan for prescribed burning in (a) Forest Management, (b) Range Improvement, and (c) Wildland Vegetation Management. * 444(D)(1): The rule deletes the exemptions for (a) open fires in agricultural operations atover 3,000 feet elevation and (b) open fires in agricultural burning at over 6,000 feet elevation. EPA's technical support document (TSD) has more information about these rules.
II. EPA's Evaluation andAction A. HowisEPA evaluatingthe rules?

Generally, SIP rules mustbe enforceable (see section 110(a) ofthe CAA) and must not relax existing requirements (see sections 110(1) and 193). SIP rules in serious PM-10 nonattainment areas must require for significant sources best available control
measures (BACM), including best available control technology (BACT) (see section 189(b)). GBUAPCD regulates a serious PM-10 nonattainment area (see 40 CFR part 81),
so GBUAPCD Rules 405 and 431 must fulfill the requirements ofBACM/BACT. MDAQMD regulates a moderate PM-10 nonattainment area (see 40 CFR part 81),

so MDAQMD Rule 444 must fulfillthe requirements ofRACM/RACT.

Guidance and policy documents that
we used to help evaluate rules consistently include the following:

* Requirements for.Preparation, Adoption,andSubmittalof ImplementationPlans,U.S. EPA, 40 CFR part 51.

1 PM-ic GuidelineDocument(EPA452/R-93-008).

e TechnicalInformationDocument forResidentialWood CombustionBest AvailableControlMeasures,(EPA-450/ 2-92-002).

- MinimumBACM/RACM Control Measures forResidentialWood CombustionRules,EPA Region IX (August 8, 2007).
B.Do the rulesmeet the evaluation criteria?

Webelieve that GBUAPCD Rules 405 and 431 and MDAQMD Rule 444 are consistent with the relevant policy and guidance regarding enforceability, BACM/BACT, RACM/RACT, and SIP relaxations and should be given full approval. The TSD has more information on our evaluation.
C.EPA Recommendations ToFurther Improve aRule

The TSD describes an additional rule revision that does not affect EPA's current action but is recommended for the next time the local agency modifies GBAPCD Rule 431.
D.Public CommentandFinal Action As authorized in section 110(k)(3) of the CAA, EPA is fully approving the submitted rules because we believe they fulfill all relevant requirements. We do not think anyone will object to this approval, so we are finalizing it without proposing itin advance. However, in the Proposed Rules section ofthis Federal Register, we are simultaneously proposing approval ofthe same submittedrule. Ifwe receive adverse comments by November 30, 2007, we will publish a timely withdrawal in the Federal Register to notify the public that the direct final approval will not take effect and we will address the comments in a subsequent final action based on the proposal. Ifwe do not receive timely adverse commelits, the direct final approval will be effective without further notice on December 31, 2007. This will incorporate the rule into the federally enforceable SIP.

Please note that if EPA receives adverse comment onan amendment, paragraph, or section ofthis rule and if that provision may be severed from the remainder ofthe rule, EPA may adopt
as final those provisions ofthe rule that
are not the subject ofan adverse comment. H. Statutory and Executive Order Reviews

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a "significant regulatory action" and therefor6 is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, "Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use" (66 FR 28355, May 22, 2001). This action merely approves State law as meeting Federal requirements and imposes no additional requirements beyond those imposed by State law. Accordingly, the Administrator certifies that this rule will nothave a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 etseq.). Because this rule approves pre-existing requirements under State law and does notimpose any additional enforceable duty beyond that required by State law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Actof 1995 (Pub.L. 104-4).

This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between theFederal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes,

as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not have substantial direct effects on the States, 

### 6152761528 Federal Register/Vol. 72, No. 210/Wednesday, October 31, 2007/Rules and Regulations

on the relationship between the national government and the Statel, or on the distribution ofpower and responsibilities among the various levels ofgovernment, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely

- approves a State rule implementing a Federal standard, and does not alter the relationship orthe distribution ofpower and responsibilities established in the Clean AirAct. This rule also is not subject to Executive Order 13045 "Protection ofChildren from Environmental Health Risks and Safety Risks" (62 FR 19885, April 23, 1997), because it approves a State rule implementing a Federal standard.

In reviewing SIP submissions, EPA's role isto approve State choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence ofa prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place ofa SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements ofsection 12(d) ofthe National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions ofthe Paperwork Reduction Act of 1995 (44 U.S.C. 3501 etseq.).

The Congressional Review Act, 5 U.S.C. section 801 etseq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides thatbefore a rule may take effect, the agency promulgating the rule must submit a rule report, which includes acopy of therule, to each House ofthe Congress and to the Comptroller General ofthe United States. EPA will submit areport containing this rule and other required information to the U.S. Senate, the U.S. House ofRepresentatives, and the Comptroller General ofthe United States prior to publication ofthe rule in theFederal Register. A majorrule cannot take effect until 60 days after it ispublished in the Federal Register. This action is not a "major rule" as definedby 5 U.S.C. section 804(2).

Under section 307(b)(1) ofthe Clean Air Act, petitions forjudicial review of this action mustbe filed inthe United States Court of Appeals for the appropriate circuit by December 31, 2007. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality ofthis rule for the purposes ofjudicial review nor does it extend the time within which a petition forjudicial review may be filed, and shall not postpone the effectiveness of such rule

or action. This action may not be challenged later inproceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements.

Dated: August 22, 2007. Laura Yoshii, ActingRegional Administrator, RegionIX.
* Part 52, chapter I, title40 oftheCode of Federal Regulations is amended as follows:

PART 52-[AMENDED]

m 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 52.220 is amended by adding paragraphs (c)(342)(i)(D) and (c)(350) to read as follows: 

### §52.220 Identificationof plan.

* * * * *

(c) * * * (342) * * * 

### (i)* * * (D) Great Basin Unified Air Pollution Control District.

(1) Rule 405, adopted on September 5, 1974 and revised onJuly 7, 2005.

* * * * *

(350) New and amended regulations

were submitted on May 8, 2007, by the Governor's designee.

(i) Incorporation byreference. (A) Great Basin Unified Air Pollution Control District.

(1) Rule 431, adopted onDecember 7, 1990 and revised on December 4, 2006.

(B) Mojave Desert Air Quality Management District.

(1) Rule 444, adopted on October 8, 1976 and amended on September 25, 2006. [FR Doc. E7-21318 Filed 10-30-07; 8:45 am]

BILUNG CODE 6560-40-P ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52 [EPA-R02-OAR-2007-0368, FRL-8478-51 Approval and Promulgation of Implementation Plans; New York Emission Statement Program
AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule.
SUMMARY: The'Environmental Protection Agency (EPA) is approving the State Implementation Plan (SIP) revision submitted by the State ofNew York on July 7, 2006 for the purpose of enhancing an existing Emission Statement Program for stationary

sources in New York. The SIP revision consists of amendments to Title 6 ofthe New York Codes Rules and Regulations, Chapter III, Part 202, Subpart 202-2, Emission Statements. The SIP revision

was submitted by New York to satisfy the ozone nonattainment provisions of the Clean Air Act. These provisions require states in which all or part ofany
ozone nonattainment area is located to submit a revision to its SIP which requires owner/operators ofstationary

sources ofvolatile organic compounds (VOC) and oxides ofnitrogen (NOx) to provide the State with-a statement, at least annually, ofthe source's actual emissions ofVOC and NOx.

The Emission Statement SIPrevision EPA is approving enhances the reporting requirements for VOC and NOx and expands the reporting requirement, based on specified emission thresholds, to include carbon monoxide (CO), sulfur dioxides (SO 2), particulate matter measuring 2.5 microns or less (PM 2.5), particulate matter measuring 10 microns or less (PM10), ammonia (NH), lead (Pb) and lead compounds and hazardous air pollutants (HAPS). The intended effect is to obtain improved emissions related data from facilities located in New York, allowing New York to more effectively plan for and attain the national ambient air quality standards (NAAQS). The Emission Statement rule also improves EPA's and the public's access to facilityspecific emission related data. DATES: Effective Date:This rule is effective on November 30, 2007. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R02-OAR-2007-0368. All documents in the docket are listed on the www.regulations.govWeb site. Although listed inthe index, some information is not publicly available,