29894 Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Rules and Regulations 

9.0 Business Reply Mail (BRM) 

* * * * * 

9.3 Qualified Business Reply Mail 

(QBRM) Basic Standards 

* * * * * 

9.3.2 Authorization 

[Delete item 9.3.2b in its entirety and 

incorporate item 9.3.2a into the 

introduction paragraph as follows:] 

To participate in QBRM, a mailer 

must have a valid BRM permit, must 

pay the annual account maintenance 

fee, and must submit Form 6805 to the 

postmaster or manager, Business Mail 

Entry at the Post Office to which the 

QBRM pieces are to be returned. The 

USPS reviews Form 6805 and 

preproduction samples provided by the 

mailer for compliance with relevant 

standards. If the mailer’s request is 

approved, the USPS issues the mailer an 

authorization via the approved Form 

6805. 

* * * * * 

9.5 Permits 

* * * * * 

9.5.2 Application Process 

[Delete item 9.5.2b in its entirety and 

incorporate item 9.5.2. into the 

introduction paragraph as follows:] 

The mailer may apply for a BRM 

permit by submitting a completed Form 

3615 to the Post Office issuing the 

permit and paying the annual permit 

fee. If a completed Form 3615 is already 

on file for the mailer for other permits 

at that office, then the mailer must 

submit the annual BRM permit fee and 

the USPS amends Form 3615 by adding 

the BRM authorization. 

* * * * * 

We will publish an appropriate 

amendment to 39 CFR Part 111 to reflect 

these changes. 

Stanley F. Mires, 

Chief Counsel, Legislative. 

[FR Doc. 2010–11869 Filed 5–27–10; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0320; FRL–9156–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; District 

of Columbia; Transportation 

Conformity Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

District of Columbia State 

Implementation Plan (SIP). The 

revisions establish general and 

transportation conformity regulations 

for the District of Columbia. EPA is 

approving these revisions in accordance 

with the requirements of the Clean Air 

Act. 

DATES: This rule is effective on July 27, 

2010 without further notice, unless EPA 

receives adverse written comment by 

June 28, 2010. If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2010–0320 by one of the 

following methods: 

A. http://www.regulations.gov, Follow 

the on-line instructions for submitting 

comments. 

B. E-mail: 

fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2010–0320, 

Cristina Fernandez, Associate Director, 

Office of Air Planning Programs, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2010– 

0320. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an anonymous access system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. 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. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., 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 in http:// 

www.regulations.gov or in hard copy 

during normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State submittal are 

available at the District of Columbia 

District Department of the Environment, 

Air Quality Division, 51 N Street, NE., 

Fifth Floor, Washington, DC 20002. 

FOR FURTHER INFORMATION CONTACT: 

Martin Kotsch, (215) 814–3335, or by email at kotsch.martin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

SUPPLEMENTARY INFORMATION: 

I. What is transportation conformity? 

Transportation conformity is required 

under Section 176(c) of the Clean Air 

Act to ensure that Federally supported 

highway, transit projects, and other 

activities are consistent with (conform 

to) the purpose of the SIP. Conformity 

currently applies to areas that are 

designated nonattainment, and those 

redesignated to attainment after 1990 

(maintenance areas), with plans 

developed under section 175A of the 

Clean Air Act for the following 

transportation related criteria 

pollutants: ozone, particulate matter 

(PM2.5 and PM10), carbon monoxide 

(CO), and nitrogen dioxide (NO2). 

Conformity to the purpose of the SIP 

means that transportation activities will 

not cause new air quality violations, 

worsen existing violations, or delay 

timely attainment of the relevant 

WReier-Aviles on DSKGBLS3C1PROD with RULES

Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Rules and Regulations 29895 

national ambient air quality standards 

(NAAQS). The transportation 

conformity regulation is found in 40 

CFR part 93 and provisions related to 

conformity SIPs are found in 40 CFR 

51.390. 

II. What is the background for this 

action? 

On August 10, 2005, the Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU) was signed into 

law. SAFETEA–LU revised certain 

provisions of section 176(c) of the Clean 

Air Act, related to transportation 

conformity. Prior to SAFETEA–LU, 

States were required to address all of the 

Federal conformity rule’s provisions in 

their conformity SIPs. After SAFETEA– 

LU, State’s SIPs were required to 

contain all or portions of only the 

following three sections of the Federal 

rule, modified as appropriate to each 

State’s circumstances: 40 CFR 93.105 

(consultation procedures); 40 CFR 

93.122(a)(4)(ii) (written commitments to 

implement certain kind of control 

measures); and 40 CFR 93.125(c) 

(written commitments to implement 

certain kinds of mitigation measures). 

States are no longer required to submit 

conformity SIP revisions that address 

the other sections of the Federal 

conformity rule. 

III. What did the state submit and how 

did we evaluate it? 

On January 26, 2010, the District of 

Columbia Department of the 

Environment submitted a revision to its 

SIP for general and transportation 

conformity regulations adopted on 

January 8, 2010. The portion of the SIP 

dealing with general conformity is 

strictly a recodification of its previously 

approved general conformity regulation 

from Chapter 4 of the District of 

Columbia Regulations (DCMR) to 

Chapter 15 and contains no substantial 

changes from its previous approval. The 

SIP revision section for transportation 

conformity addresses the three 

provisions of the EPA Conformity Rule 

required under SAFETEA–LU: 40 CFR 

93.105 (consultation procedures); 40 

CFR 93.122(a)(4)(ii) (control measures), 

and 40 CFR 93.125(c) (mitigation 

measures). 

We reviewed the submittals to assure 

consistency with the February 14, 2006 

‘‘Interim Guidance for Implementing the 

Transportation Conformity provisions in 

the SAFETEA–LU.’’ The guidance 

document can be found at http:// 

epa.gov/otaq/stateresources/transconf/ 

policy.htm. The guidance document 

states that each State is only required to 

address and tailor the afore-mentioned 

three sections of the Federal Conformity 

Rule to be included in their State 

conformity SIPs. EPA’s review of the 

District of Columbia’s proposed SIP 

revision indicates that it is consistent 

with EPA’s guidance in that it includes 

the three elements specified by 

SAFETEA–LU. Consistent with the EPA 

Conformity Rule at 40 CFR 93.105 

(consultation procedures), Title 20, 

DCRM Chapter 15, Sections 1503, 1504, 

and 1505 identifies the appropriate 

agencies, procedures and allocation of 

responsibilities. In addition, Title 20, 

DCMR Chapter 15, Section 1506 

provides for appropriate, public 

consultation/public involvement 

consistent with 40 CFR 93.105. With 

respect to the requirements of 40 CFR 

93.122(a)(4)(ii) and 40 CFR 93.125(c), 

the Title 20, DCRM Chapter 15, Section 

1509 of the regulation specifies that 

written commitments for control 

measures and mitigation measures for 

meeting these requirements will be 

provided as needed. 

IV. Final Action 

EPA is approving the District of 

Columbia SIP revisions for general and 

transportation conformity, without prior 

proposal because the Agency views this 

as a noncontroversial amendment and 

anticipates no adverse comment. 

However, in the Proposed Rules section 

of today’s Federal Register, EPA is 

publishing a separate document that 

will serve as the proposal to approve the 

SIP revision if adverse comments are 

filed. This rule will be effective on July 

27, 2010 without further notice unless 

EPA receives adverse comment by June 

28, 2010. If EPA receives adverse 

comment, EPA will publish a timely 

withdrawal in the Federal Register 

informing the public that the rule will 

not take effect. EPA will address all 

public comments in a subsequent final 

rule based on the proposed rule. EPA 

will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so at 

this time. 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. 

V. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the Clean Air Act, 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 Clean Air Act. 

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 Clean Air Act; 

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 

WReier-Aviles on DSKGBLS3C1PROD with RULES

29896 Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Rules and Regulations 

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 July 27, 2010. Filing a petition 

for reconsideration by the Administrator 

of this final rule does not affect the 

finality of this final 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 to 

approve the District of Columbia 

transportation conformity regulations 

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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: May 17, 2010. 

William C. Early, 

Acting Regional Administrator, 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 J—District of Columbia 

■ 2. In § 52.470, the table in paragraph 

(c) is amended by removing the existing 

entry for Chapter 4, Section 403 and 

adding a new entry for Chapter 15. The 

amendments read as follows: 

§ 52.470 Identification of plan. 

* * * * * 

(c) * * * 

EPA–APPROVED DISTRICT OF COLUMBIA REGULATIONS

State citation Title/subject 

State effective 

date 

EPA approval date Additional explanation 

*******

Chapter 15 General and Transportation Conformity 

Section 1500 ................... General Conformity— 

Purpose.

1/8/10 5/28/10 [Insert page number where the document 

begins].

New Regulation. 

Section 1501 ................... General Conformity— 

Requirements.

1/8/10 5/28/10 [Insert page number where the document 

begins].

New Regulation. 

Section 1502 ................... Transportation Conformity—Purpose.1/8/10 5/28/10 [Insert page number where the document 

begins].

New Regulation. 

Section 1503 ................... Transportation Conformity—Consultation 

Process.

1/8/10 5/28/10 [Insert page number where the document 

begins].

New Regulation. 

Section 1504 ................... Transportation Conformity—Interagency 

Consultation Requirements.

1/8/10 5/28/10 [Insert page number where the document 

begins].

New Regulation. 

Section 1505 ................... Transportation Conformity—Conflict Resolution Associated 

With Conformity Determinations.

1/8/10 5/28/10 [Insert page number where the document 

begins].

New Regulation. 

Section 1506 ................... Transportation Conformity—Public Consultation Procedures.1/8/10 5/28/10 [Insert page number where the document 

begins].

New Regulation. 

Section 1507 ................... Transportation Conformity—Interagency 

Consultation Procedures.

1/8/10 5/28/10 [Insert page number where the document 

begins].

New Regulation. 

Section 1508 ................... Transportation Conformity—Procedures 

for Determining Regional TransportationRelated Emissions.

1/8/10 5/28/10 [Insert page number where the document 

begins].

New Regulation. 

Section 1509 ................... Transportation Conformity—Enforceability 

of Design Concept 

and Scope and 

Project-Level Mitigation and Control Measures.

1/8/10 5/28/10 [Insert page number where the document 

begins].

New Regulation. 

WReier-Aviles on DSKGBLS3C1PROD with RULES

Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Rules and Regulations 29897 

EPA–APPROVED DISTRICT OF COLUMBIA REGULATIONS—Continued 

State citation Title/subject 

State effective 

date 

EPA approval date Additional explanation 

Section 1599 ................... Definitions ...................... 1/8/10 5/28/10 [Insert page number where the document 

begins].

New Regulation. 

******

* * * * * 

[FR Doc. 2010–12929 Filed 5–27–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2010–0131, FRL–9146–4] 

Approval and Promulgation of 

Implementation Plans; New York State 

Implementation Plan Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is approving a 

proposed revision to the New York State 

Implementation Plan (SIP) for ozone 

concerning the control of volatile 

organic compounds. The proposed SIP 

revision consists of amendments to Title 

6 of the New York Codes, Rules and 

Regulations Part 235, ‘‘Consumer 

Products’’ and Part 239, ‘‘Portable Fuel 

Container Spillage Control.’’ The 

intended effect of this action is to 

approve control strategies, required by 

the Clean Air Act, which will result in 

emission reductions that will help 

achieve attainment of the national 

ambient air quality standards for ozone. 

DATES: Effective Date: This rule will be 

effective June 28, 2010. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R02–OAR–2010–0131. 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., 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 at the Environmental Protection 

Agency, Region 2 Office, Air Programs 

Branch, 290 Broadway, 25th Floor, New 

York, NY 10007–1866. This Docket 

Facility is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The Docket telephone 

number is 212–637–4249. 

FOR FURTHER INFORMATION CONTACT: Kirk 

J. Wieber (wieber.kirk@epa.gov), Air 

Programs Branch, Environmental 

Protection Agency, 290 Broadway, 25th 

Floor, New York, New York 10007– 

1866, (212) 637–3381. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What is the history and time frame for State 

Implementation Plan (SIP) submissions? 

II. What was included in New York’s 

submittals? 

III. What comments did EPA receive in 

response to its proposal? 

IV. What is EPA’s conclusion? 

V. Statutory and Executive Order Reviews 

I. What is the history and time frame 

for State Implementation Plan (SIP) 

submissions? 

EPA’s Phase 1 8-hour ozone 

implementation rule, published on 

April 30, 2004 (69 FR 23951), referred 

to as the Phase 1 Rule, specifies that 

states must submit attainment 

demonstrations to EPA by no later than 

three years from the effective date of 

designation, that is, submit them by 

June 15, 2007. 

On November 9, 2005, EPA published 

Phase 2 of the 8-hour ozone 

implementation rule (70 FR 71612), 

referred to as the Phase 2 Rule, which 

addressed the control obligations that 

apply to areas designated nonattainment 

for the 8-hour national ambient air 

quality standard. Among other things, 

the Phase 1 and Phase 2 Rules outline 

the SIP requirements and deadlines for 

various requirements in areas 

designated as moderate nonattainment. 

For such areas, reasonably available 

control technology (RACT) plans were 

due by September 2006 (40 CFR 

51.912(a)(2)). The rules further require 

that modeling and attainment 

demonstrations, reasonable further 

progress plans, reasonably available 

control measure (RACM) analysis, 

projection year emission inventories, 

motor vehicle emissions budgets and 

contingency measures were all due by 

June 15, 2007 (40 CFR 51.908(a), and 

(c)). 

II. What was included in New York’s 

submittals? 

On October 21, 2009 and November 

23, 2009, the New York State 

Department of Environmental 

Conservation (NYSDEC), submitted to 

EPA proposed revisions to the SIP 

which included State adopted revisions 

to two regulations which consist of, 

respectively, Title 6 of the New York 

Code of Rules and Regulations (6 

NYCRR) Part 235, ‘‘Consumer Products’’ 

with a State effective date of October 15, 

2009 and 6 NYCRR Part 239, ‘‘Portable 

Fuel Container Spillage Control’’ with a 

State effective date of July 30, 2009. 

These revisions will provide volatile 

organic compound (VOC) emission 

reductions to address, in part, 

attainment of the 1997 8-hour ozone 

standard in the New York portion of the 

New York-Northern New Jersey-Long 

Island, NY–NJ–CT nonattainment area 

which is composed of the five boroughs 

of New York City and the surrounding 

counties of Nassau, Suffolk, Westchester 

and Rockland. These revisions will also 

address, in part, the RACT and RACM 

requirements by providing VOC 

emission reductions statewide. 

III. What comments did EPA receive in 

response to its proposal? 

On March 2, 2010 (75 FR 9373), EPA 

proposed to approve the proposed 

revisions to the New York SIP for ozone 

concerning the amendments to 6 

NYCRR Parts 235 and 239. The reader 

is referred to that proposal for a more 

detailed discussion of this action. No 

comments were received in response to 

that proposal. 

IV. What is EPA’s conclusion? 

EPA has evaluated New York’s 

submittal for consistency with the Clean 

Air Act, EPA regulations, and EPA 

policy. EPA has determined that the 

revisions made to Part 235 and Part 239 

of Title 6 of the New York Codes, Rules 

and Regulations, entitled, ‘‘Consumer 

Products’’ and ‘‘Portable Fuel Container 

Spillage Control,’’ respectively, meet the 

WReier-Aviles on DSKGBLS3C1PROD with RULES