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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 a guarantee. This is,

however, substantially the same

expedited service now offered to the

FSM and the RMI. That is, as

international destinations, the

customers of the 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 of mail. This handling of

the Express Mail without a guarantee

will continue to provide a benefit to the

customers who choose it.

The Postal Service adopts the

following changes to Mailing Standards

of the United States Postal Service,

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 Part 111

Postal Service.

PART 11.1-[AMENDED]

0 1. The authority citation for 39 CFR

part 111 continues to read as follows:

Authority: 5 U.S.C. 552(a); 39 U.S.C. 101,

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

3219, 3403-3406, 3621, 3626, 5001.

* 2. Revise the following sections of

Mailing Standards of the United States

Postal Service, Domestic Mail Manual

(DMM), as follows: * * * * *

500 Additional Mailing Services

503 Extra Services * * * * *

6.0 Return Receipt * * * * *

6.2 Basic Information

6.2.1 Description

[Revise the third sentence in 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 not be used for:

[Revise 11.2.6 by adding new item f as

follows:]

f. Articles sent to or from the Republic

of the Marshall Islands and the

Federated States of Micronesia.

600 Basic Standards for All Mailing

Services

601 Mailability * * * * *

9.0 Perishables * * *e .

9.3 Live Animals *k * * * *

[Revise the heading and text in 9.3.6

as follows:]

9.3.6 Mailed to Pacific Islands

Animals mailed to the Republic of

Palau, the Republic of the Marshall

Islands, and the Federated States of

Micronesia require a permit issued by

the government of the destination

country.

* * * * *-

9.3.8 Other Insects

[Revise the text in the second sentence

of 9.3.8 as follows:] * * * Such insects mailed to the

Republic of Palau, the Republic of the

Marshall Islands, and the Federated

States of Micronesia are also subject to

the regulations of the destination

country.

* * * * *

608 Postal Information and Resources

2.0 Domestic Mail * * * * *

2.2 Mail Treated as Domestic

[Revise the list of Freely Associated

States in 2.2 by adding the Republic of

the Marshall Islands, and the Federated

States of Micronesia as follows:]

Marshall Islands, Republic of the

Ebeye Island

Kwajalein Island

Majuro Island

Micronesia, Federated States of

Chuuk (Truk) Island

Kosrae Island

Pohnpei Island

Yap Island

Palau, Republic of

Koror Island * * * * *

2.4 Customs Forms Required

[Revise the first sentence in 2.4 to add

the ZIP Codes of the Republic of the

Marshall Islands and the Federated

States of Micronesia as follows:]

Regardless of contents, 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,

must bear 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]

Revisions to the California State

Implementation Plan, Great Basin

Unified Air Pollution Control District

and Mojave Desert Air Quality

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 of the 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 rules under 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. If we

receive such comments, we will publish

a timely withdrawal in the Federal

Register to notify the public that this

direct final rule will not take effect.

ADDRESSES: Submit comments,

identified by docket number EPA-R09-

OAR-2007-0459, by one of the

following methods: - Federal eRulemaking Portal:

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 Mail or deliver: 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 and may 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.gov or e-mail.

www.regulations.gov is an "anonymous

access" system, and EPA will not know

your identity or contact information

unless you provide it in the body of

your comment. If you send e-mail

directly to EPA, your e-mail address

will be automatically captured and

included as part of the 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.gov and in hard copy

at EPA Region IX, 75 Hawthorne Street,

San Francisco, California. While all

documents in the docket are listed in

the index, some information may be

publicly available only at the hard copy

location (e.g., copyrighted material), and

some may not be 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 of Contents

I. The State's Submittal

A. What rules did the State submit?

B. Are there other versions of these rules?

C. What are the purposes of the submitted

rule revisions?

II. EPA's Evaluation and Action

A. How is EPA evaluating the rules?

B. Do the rules meet the evaluation

criteria?

C. EPA Recommendation to Further

Improve a Rule

D. Public Comment and Final Action

I. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

Table 1 lists the rules we are

approving with the 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

of GBUAPCD Rule 405 was determined

to meet the completeness criteria in 40

CFR part 51 appendix V, which must be

met before formal EPA review. On July

23, 2007, the submittal of GBUAPCD

Rule 431 and MDAQMD Rule 444 was

determined to meet the completeness

criteria.

B. Are there other versions of these

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 of Rule 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 of the superseded version.

A version of GBUAPCD Rule 431 was

approved into the SIP on June 24, 1996

(61 FR 32341).

MDAQMD was previ6usly comprised

of the Riverside County Air District

(RCAD) and the San Bernardino County

Air District (SBCAD). The versions on

which the current MDAQMD Rule 444

are based are RCAD 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 are the purposes of the

submitted rule revisions?

Section 110(a) of the 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 and the

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 -relative to

the SIP rule are as follows:

* (405.preamble): The rule extends

the applicability of the listed exceptions

to Rule 404-A, Particulate Matter, and

Rule 404-B, Oxides of Nitrogen, 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 of crops or

raising of fowl 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 of materials for special effects

in filming or video operations, (c) the

disposal of contraband by burning, (d)

recreational or ceremonial fires, and (e)

a fire set for the purpose of eliminating

a public health hazard that cannot be

abated by any other practical means.

The purposes of the 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 of GBUAPCD

to be High Road Dust Areas (HRDA) or

High Wood Smoke Areas (HWSA),

which contribute to exceedences of state

or federal 24-hour PM-2.5 or PM-10

standards. The SIP rule applies only to

the Town of Mammoth 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 of Mammoth Lakes for

the installation of all solid fuel burning

appliances. Outside the Town of
Federal 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 for inspectors for

verification of compliance with

regulations for installation of new

certified solid fuel burning appliances

and removal or replacement of noncertified appliances.

* 431.1 and J: The rule adds

requirements and thresholds for

mandatory curtailment and voluntary

curtailment of solid fuel combustion in

the Town of Mammoth Lakes and

HWSA areas. The purposes of the submitted

MDAQMD Rule 444 revisions relative to

the SIP rules 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 or that are

estimated to produce more than one ton

of particulate matter shall be 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): The rule adds the

permission to bum 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 of day for open

burning, except for prescribed burning.

* 444(C)(7): The rule adds to the list

of burning applications with a permit (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 at over 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 and Action

A. How is EPA evaluating the rules?

Generally, SIP rules must be

enforceable (see section 110(a) of the

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 of BACM/BACT.

MDAQMD regulates a moderate PM-10

nonattainment area (see 40 CFR part 81),

so MDAQMD Rule 444 must fulfill the

requirements of RACM/RACT.

Guidance and policy documents that we used to help evaluate rules

consistently include the following: * Requirements for.Preparation,

Adoption, and Submittal of

Implementation Plans, U.S. EPA, 40

CFR part 51.

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

e Technical Information Document

for Residential Wood Combustion Best

Available Control Measures, (EPA-450/

2-92-002).

- Minimum BACM/RACM Control

Measures for Residential Wood

Combustion Rules, EPA Region IX

(August 8, 2007).

B. Do the rules meet the evaluation

criteria?

We believe 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 To Further

Improve a Rule

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 Comment and Final 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 it in advance. However, in

the Proposed Rules section of this

Federal Register, we are simultaneously

proposing approval of the same

submitted rule. If we 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. If we 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 on an amendment,

paragraph, or section of this rule and if

that provision may be severed from the

remainder of the rule, EPA may adopt

as final those provisions of the rule that

are not the subject of an 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 not have a significant economic

impact on a substantial number of small

entities under the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.). Because this

rule approves pre-existing requirements

under State law and does not impose

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 Act of 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 the Federal 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,

61527
61528 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 of power and

responsibilities among the various

levels of government, 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 or the distribution of power

and responsibilities established in the

Clean Air Act. This rule also is not

subject to Executive Order 13045

"Protection of Children 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 is to approve State choices,

provided that they meet the criteria of

the Clean Air Act. In this context, in the

absence of a 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 of a SIP submission

that otherwise satisfies the provisions of

the Clean Air Act. Thus, the

requirements of section 12(d) of the

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 of the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

The Congressional Review Act, 5

U.S.C. section 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 rule 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. section 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 December 31,

2007. Filing a petition for

reconsideration by the Administrator of

this final rule does not affect the finality

of this rule 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,

Particulate matter, Reporting and

recordkeeping requirements.

Dated: August 22, 2007.

Laura Yoshii,

Acting Regional Administrator, Region IX.

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

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 Identification of plan. * * * * *

(c) * * *

(342) * * *

(i) * * *

(D) Great Basin Unified Air Pollution

Control District.

(1) Rule 405, adopted on September 5,

1974 and revised on July 7, 2005. * * * * *

(350) New and amended regulations

were submitted on May 8, 2007, by the

Governor's designee.

(i) Incorporation by reference.

(A) Great Basin Unified Air Pollution

Control District.

(1) Rule 431, adopted on December 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 of New 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 of the

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 of any

ozone nonattainment area is located to

submit a revision to its SIP which

requires owner/operators of stationary

sources of volatile organic compounds

(VOC) and oxides of nitrogen (NOx) to

provide the State with-a statement, at

least annually, of the source's actual

emissions of VOC and NOx.

The Emission Statement SIP revision

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.gov Web site.

Although listed in the index, some

information is not publicly available,