Federal Register / Vol. 64, No. 57 /Thursday, March 25, 1999 /Rules and Regulations 14391

CMRA must not deposit return mail in

a collection box. The CMRA must give

the return mail to the letter carrier or

return it to the post office responsible

for delivery to the CMRA. Upon request,

the agent must provide to the Postal

Service all addresses to which the

agency re-mails mail.

c. The CMRA must provide to the

postmaster a quarterly list (due January

15, April 15, July 15, and October 15)

of its customers in alphabetical order

cross-referenced to the CMRA addressee

delivery designations. The alphabetical

list must contain all new customers,

current customers, and those customers

who terminated within the past 6

months, including the date of

termination.

d. A CMRA may not refuse delivery

of mail if the mail is for an addressee

that is a customer or former customer

(within the past 6 months). The

agreement between the addressee and

the CMRA obligates the CMRA to

receive all mail, except restricted

delivery, for the addressee. The

addressee may authorize the CMRA in

writing on Form 1583 (block 6) to

receive restricted delivery mail for the

addressee.

e. If the CMRA has no Form 1583 on

file for the intended addressee, the

CMRA must return that mail to the post

office responsible for delivery. The

CMRA must return this mail to the post

office the next business day after receipt

with this proper endorsement:

‘‘Undeliverable, Commercial Mail

Receiving Agency, No Authorization to

Receive Mail for This Addressee.’’

Return this mail without payment of

new postage to the post office. The

CMRA must return misdelivered mail

the next business day after receipt.

f. The CMRA must not deposit return

mail in a collection box. The CMRA

must give the return mail to the letter

carrier or return it to the post office

responsible for delivery to the CMRA.

* * * * *

F000 BASIC SERVICES

* * * * *

[Revise Exhibit F010.4.1 to add an

endorsement.]

* * * * *

Delivery Suspended to Commercial Mail

Receiving Agency

Failure to Comply with D042.2.5–

D042.2.7

* * * * *

F020 FORWARDING

* * * * *

2.0 FORWARDABLE MAIL

* * * * *

[Add new F020.2.7 as follows:]

2.7 Mail CMRA Customers

Mail addressed to an addressee at

CMRA is not forwarded through the

USPS. The CMRA customer may make

special arrangements for the CMRA

operator to re-mail the mail with

payment of new postage. A CMRA must

accept and re-mail mail to former

customers for at least 6 months after

termination of the agency relationship.

After the 6-month period, the CMRA

may refuse mail addressed to a former

customer.

* * * * *

A transmittal letter making these

changes in the pages of the Domestic

Mail Manual will be published and

transmitted to subscribers

automatically. Notice of issuance of the

transmittal letter will be published in

the Federal Register as provided by 39

CFR 111.3.

Neva R. Watson,

Attorney, Legislative.

[FR Doc. 99–7352 Filed 3–24–99; 8:45 am]

BILLING CODE 7710–12–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 201–0138a; FRL–6309–9]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision; South

Coast Air Quality Management District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action on revisions to the California

State Implementation Plan (SIP). This

action is an administrative change

which revises the emergency episode

provisions in South Coast Air Quality

Management District (SCAQMD) Rule

701.

The intended effect of approving this

rule is to incorporate changes to the rule

for clarity and consistency in

accordance with the requirements of the

Clean Air Act, as amended in 1990

(CAA or the Act). Thus, EPA is

finalizing the approval of this revision

into the California SIP under provisions

of the CAA regarding EPA action on SIP

submittals, SIPs for national primary

and secondary ambient air quality

standards and plan requirements for

nonattainment areas.

DATES: This action is effective on May

24, 1999 without further notice, unless

EPA receives adverse comments by

April 26, 1999. If EPA receives such

comment, it will publish a timely

withdrawal in the Federal Register

informing the public that this rule will

not take effect.

ADDRESSES: Written comments must be

submitted to Andrew Steckel at the

Region IX office listed below. Copies of

the rule revisions and EPA’s evaluation

report for each rule is available for

public inspection at EPA’s Region IX

office during normal business hours.

Copies of the submitted rule revisions

are available for inspection at the

following locations:

Rulemaking Office (AIR–4), Air

Division, U.S. Environmental

Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA

94105.

Environmental Protection Agency, Air

Docket (6102), 401 ‘‘M’’ Street, S.W.,

Washington, D.C. 20460.

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 2020 ‘‘L’’ Street,

Sacramento, CA 95814.

South Coast Air Quality Management

District, 21865 E. Copley Drive,

Diamond Bar, CA 91765.

FOR FURTHER INFORMATION CONTACT:

Cynthia G. Allen, Rulemaking Office

(AIR–4), Air Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105, Telephone: (415)

744–1189.

SUPPLEMENTARY INFORMATION:

Applicability

The rule being approved into the

California SIP is SCAQMD Rule 701, Air

Pollution Emergency Contingency

Actions. This rule was submitted by the

California Air Resources Board to EPA

on September 8, 1997.

Background

On March 3, 1978, EPA promulgated

a list of ozone nonattainment areas

under the provisions of the Clean Air

Act, as amended in l977 (1977 Act or

pre-amended Act), that included the

South Coast Air Quality Management

District. 43 FR 8964, 40 CFR 81.305. The

requirements for the Prevention of Air

Pollution Emergency Episodes for sulfur

dioxide, carbon monoxide, nitrogen

dioxide, ozone and particulate matter

are located in 40 CFR Part 51, Subpart

H. These requirements include

provisions for classification of regions

for episodes plans, significant harm

levels, contingency plans and reevaluation of episode plans. SCAQMD
14392 Federal Register / Vol. 64, No. 57 /Thursday, March 25, 1999 /Rules and Regulations

1EPA adopted the completeness criteria on

February 16, 1990 (55 FR 5830) and, pursuant to

section (110)(k)(1)(A) of the CAA, revised the

criteria on August 26, 1991 (56 FR 42216).

2Among other things, the pre-amendment

guidance consists of those portions of the proposed

post-1987 ozone and carbon monoxide policy that

concern RACT, 52 FR 45044 (November 24, 1987);

‘‘Issues Relating to VOC Regulation Cutpoints,

Deficiencies, and Deviations, Clarification to

Appendix D of November 24, 1987 Federal Register

Notice’’ (Blue Book)(notice of availability was

published in the Federal Register on May 25, 1988).

Rule 701 is now being revised to update

the existing rule language and modify

the boundary between two Source

Receptor Areas. The revisions do not

impose any additional requirements on

affected sources and do not effect

emissions.

This document addresses EPA’s

direct-final action for SCAQMD Rule

701, Air Pollution Emergency

Contingency Actions. This rule was

adopted by SCAQMD on June 13, 1997

and submitted by the California Air

Resources Board on September 8, 1997.

This rule was found to be complete on

October 20, 1997, pursuant to EPA’s

completeness criteria that are set forth

in 40 CFR part 51 Appendix V 1 and is

being finalized for approval into the SIP.

The following is EPA’s evaluation and

final action for this rule.

EPA Evaluation and Action

In determining the approvability of an

emergency episode rule, EPA must

evaluate the rule for consistency with

the requirements of the CAA and EPA

regulations as found in section 110 and

part D of the CAA and 40 CFR part 51

Subpart H. The EPA interpretation of

these requirements, which forms the

basis for today’s action, appears in

various EPA policy guidance

documents.2

EPA has evaluated the submitted rule

and has determined that it is consistent

with the CAA, EPA regulations, and

EPA policy. Rule 701, Air Pollution

Emergency Contingency Action, is being

revised by updating the existing rule

language and by modifying the

boundary between two Source Receptor

Areas. These modifications are generally

administrative in nature, and in no case

does this action represent a relaxation of

an EPA approved requirement.

Therefore, SCAQMD’s Rule 701, Air

Pollution Emergency Contingency

Actions, is being approved under

section 110(k)(3) of the CAA as meeting

the requirements of section 110(a) and

part D.

EPA is publishing this rule without

prior proposal because the Agency

views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in the proposed

rules section of this Federal Register

publication, EPA is publishing a

separate document that will serve as the

proposal to approve the SIP revision

should adverse comments be filed. This

rule will be effective May 24, 1999

without further notice unless the

Agency receives adverse comments by

April 26, 1999.

If the EPA receives such comments,

then EPA will publish a timely

withdrawal in the Federal Register

informing the public that the rule will

not take effect. All public comments

received will then be addressed in a

subsequent final rule based on the

proposed rule. The EPA will not

institute a second comment period on

this rule. Any parties interested in

commenting on this rule should do so

at this time. If no such comments are

received, the public is advised that this

rule will be effective on May 24, 1999

and no further action will be taken on

the proposed rule.

IV. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from Executive Order (E.O.)

12866, Regulatory Planning and Review.

B. Executive Order 12875

Under Executive Order 12875,

Enhancing the Intergovernmental

Partnership, EPA may not issue a

regulation that is not required by statute

and that creates a mandate upon a State,

local or tribal government, unless the

Federal government provides the funds

necessary to pay the direct compliance

costs incurred by those governments, or

EPA consults with those governments. If

EPA complies by consulting, Executive

Order 12875 requires EPA to provide to

the Office of Management and Budget a

description of the extent of EPA’s prior

consultation with representatives of

affected State, local and tribal

governments, the nature of their

concerns, copies of any written

communications from the governments,

and a statement supporting the need to

issue the regulation. In addition,

Executive Order 12875 requires EPA to

develop an effective process permitting

elected officials and other

representatives of State, local and tribal

governments ‘‘to provide meaningful

and timely input in the development of

regulatory proposals containing

significant unfunded mandates.’’

Today’s rule does not create a mandate

on State, local or tribal governments.

The rule does not impose any

enforceable duties on these entities.

Accordingly, the requirements of

section 1(a) of E.O. 12875 do not apply

to this rule.

C. Executive Order 13045

Protection of Children from

Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997),

applies to any rule that: (1) is

determined to be ‘‘economically

significant’’ as defined under E.O.

12866, and (2) concerns an

environmental health or safety risk that

EPA has reason to believe may have a

disproportionate effect on children. If

the regulatory action meets both criteria,

the Agency must evaluate the

environmental health or safety effects of

the planned rule on children, and

explain why the planned regulation is

preferable to other potentially effective

and reasonably feasible alternatives

considered by the Agency. This rule is

not subject to E.O. 13045 because it does

not involve decisions intended to

mitigate environmental health or safety

risks.

D. Executive Order 13084

Under Executive Order 13084,

Consultation and Coordination with

Indian Tribal Governments, EPA may

not issue a regulation that is not

required by statute, that significantly or

uniquely affects the communities of

Indian tribal governments, and that

imposes substantial direct compliance

costs on those communities, unless the

Federal government provides the funds

necessary to pay the direct compliance

costs incurred by the tribal

governments, or EPA consults with

those governments. If EPA complies by

consulting, Executive Order 13084

requires EPA to provide to the Office of

Management and Budget, in a separately

identified section of the preamble to the

rule, a description of the extent of EPA’s

prior consultation with representatives

of affected tribal governments, a

summary of the nature of their concerns,

and a statement supporting the need to

issue the regulation. In addition,

Executive Order 13084 requires EPA to

develop an effective process permitting

elected officials and other

representatives of Indian tribal

governments ‘‘to provide meaningful

and timely input in the development of

regulatory policies on matters that

significantly or uniquely affect their

communities.’’ Today’s rule does not

significantly or uniquely affect the

communities of Indian tribal

governments. Accordingly, the

requirements of section 3(b) of E.O.

13084 do not apply to this rule.
Federal Register / Vol. 64, No. 57 /Thursday, March 25, 1999 /Rules and Regulations 14393

E. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA)

generally requires an agency to conduct

a regulatory flexibility analysis of any

rule subject to notice and comment

rulemaking requirements unless the

agency certifies that the rule will not

have a significant economic impact on

a substantial number of small entities.

Small entities include small businesses,

small not-for-profit enterprises, and

small governmental jurisdictions. This

final rule will not have a significant

impact on a substantial number of small

entities because SIP approvals under

section 110 and subchapter I, part D of

the Clean Air Act do not create any new

requirements but simply approve

requirements that the State is already

imposing. Therefore, because the

Federal SIP approval does not create

any new requirements, I certify that this

action will not have a significant

economic impact on a substantial

number of small entities. Moreover, due

to the nature of the Federal-State

relationship under the Clean Air Act,

preparation of flexibility analysis would

constitute Federal inquiry into the

economic reasonableness of state action.

The Clean Air Act forbids EPA to base

its actions concerning SIPs on such

grounds. Union Electric Co., v. U.S.

EPA, 427 U.S. 246, 255–66 (1976); 42

U.S.C. 7410(a)(2).

F. Unfunded Mandates

Under Section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated annual costs to

State, local, or tribal governments in the

aggregate; or to private sector, of $100

million or more. Under Section 205,

EPA must select the most cost-effective

and least burdensome alternative that

achieves the objectives of the rule and

is consistent with statutory

requirements. Section 203 requires EPA

to establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

EPA has determined that the approval

action promulgated does not include a

Federal mandate that may result in

estimated annual costs of $100 million

or more to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

G. Submission to Congress and the

Comptroller General

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. EPA will submit a

report containing this 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. This rule is not a

‘‘major’’ rule as defined by 5 U.S.C.

804(2).

H. Petitions for Judicial Review

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 May 24, 1999.

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, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements, Volatile organic

compounds.

Note: Incorporation by reference of the

State Implementation Plan for the State of

California was approved by the Director of

the Federal Register on July 1, 1982.

Dated: March 5, 1999.

Laura Yoshii,

Deputy Regional Administrator, Region IX.

Subpart F of part 52, chapter I, Title

40 of the Code of Federal Regulations 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 F—California

2. Section 52.220 is amended by

adding paragraph (c)(249)(i)(A)(2) to

read as follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(249) * * *

(i) * * *

(A) * * *

(2) Rule 701, amended on June 13,

1997.

* * * * *

[FR Doc. 99–7176 Filed 3–24–99; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 60

[AL–AT–98–01; FRL–6315–4]

New Stationary Sources; Supplemental

Delegation of Authority to the State of

Alabama and the State of Georgia

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Delegation of authority.

SUMMARY: The States of Alabama and

Georgia have requested that EPA

delegate authority for implementation

and enforcement of existing New Source

Performance Standards (NSPS) which

have been previously adopted by the

State agencies, but have remained

undelegated by EPA, and to approve the

mechanism for delegation (adopt-byreference) of future NSPS. The purpose

of the States’ request for approval of

their delegation mechanism is to

streamline the existing administrative

procedures by eliminating unnecessary

steps involved in taking delegation of

federal NSPS regulations. With the new

NSPS delegation mechanism in place,

once a new or revised NSPS is

promulgated by EPA, formal delegation

of authority from EPA to the Alabama

Department of Environmental

Management and the Georgia

Department of Natural Resources will

become effective on the date that the

NSPS is adopted by the respective State

agency without change. No further State

requests for delegation will be

necessary. Likewise, no further Federal

Register notices will be published. If an

NSPS regulation is adopted with

changes, EPA reserves the right to

review and comment on the adopted

NSPS. The State will notify EPA, and in

return, EPA will review any State

revisions and reserve the option to

implement the NSPS regulation directly,