Approval and Promulgation of Air Quality Implementation Plan; Idaho, 39658-39662 [05-13557]
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For the reasons discussed in the
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I
PART 100—SAFETY OF LIFE ON
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1. The authority citation for part 100
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Authority: 33 U.S.C. 1233, Department of
Homeland Security Delegation No. 0170.1.
§ 100.35–T05–066
Washington, NC.
Pamlico River,
(a) Regulated area. The regulated area
is established for the waters of the
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Bay, from shoreline to shoreline,
bounded on the south by a line running
northeasterly from Camp Hardee at
latitude 35°28′23″ North, longitude
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latitude 35°29′04″ North, longitude
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(c) Special local regulations. (1)
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Dated: June 27, 2005.
Sally Brice-O’Hara,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. 05–13582 Filed 7–8–05; 8:45 am]
BILLING CODE 4910–15–P
I 2. Add a temporary § 100.35–T05–066
to read as follows:
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[Docket # ID–03–003; FRL–7936–1]
Approval and Promulgation of Air
Quality Implementation Plan; Idaho
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: The EPA is approving
revisions related to open burning and
crop residue disposal requirements in
Idaho’s State Implementation Plan (SIP).
The Idaho Department of Environmental
Quality (IDEQ) submitted these
revisions to EPA for inclusion in the
Idaho SIP on May 22, 2003. These
revisions were submitted for the
purposes of clarifying existing
regulations and complying with section
110 and part D of the Clean Air Act.
DATES: This action is effective on
August 10, 2005.
ADDRESSES: Copies of the State’s SIP
revision and other information
supporting this action are available for
inspection at EPA Region 10, Office of
Air, Waste, and Toxics (AWT–107),
1200 Sixth Avenue, Seattle, Washington
98101.
FOR FURTHER INFORMATION CONTACT:
Donna Deneen, EPA Region 10, Office of
Air, Waste, and Toxics (AWT–107),
1200 Sixth Avenue, Seattle, Washington
98101, or at (206) 553–6706.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background Information
1. What revisions to the Idaho SIP are we
approving?
2. What comments did we receive on our
proposal to approve these revisions?
II. Summary of Final Action
III. Statutory and Executive Orders Review
I. Background Information
1. What Revisions to the Idaho SIP Are
We Approving?
We are approving revisions to the
portion of Idaho’s State Implementation
Plan relating to open burning found at
IDAPA 58.01.01.600 through 617. These
revisions were submitted to EPA by the
Director of the Idaho Department of
Environmental Quality on May 22,
2003. EPA proposed to approve these
revisions on June 7, 2004. 69 FR 31778.
These revisions (1) add a section in
Idaho’s open burning regulations to
clarify that crop residue disposal is an
allowable category of open burning, (2)
add a section in Idaho’s regulations to
clarify that IDEQ has the authority to
require immediate abatement of open
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burning in cases of emergency requiring
immediate action to protect human
health or safety, and (3) remove section
58.01.01.604—Alternatives to Open
Burning, from Idaho’s rules. The
revisions also include several editorial
changes to IDAPA 58.01.01.600 through
617.
2. What Comments Did We Receive on
Our Proposal To Approve These
Revisions?
We received one comment letter on
the June 7, 2004 proposal. This
comment letter was from Safe Air for
Everyone (SAFE) and was sent on behalf
of that organization, the American Lung
Association of Idaho/Nevada, and the
Idaho Conservation League. In general,
the letter opposed the proposed SIP
revision. The comments and our
response are summarized as follows:
Comment: The commenter indicates
there is evidence of severe health
impacts from grass residue burning and
provides documentation in support of
that claim. The information includes
copies of an extensive declaration and
transcripts from the preliminary
injunction hearing for Safe Air for
Everyone v. Wayne Meyer, et al., that
took place between July 10–12, 2002.
Response: EPA is aware of and
continues to be concerned about the
health and welfare impacts associated
with crop residue burning in Idaho and
is working with the State Department of
Agriculture and the Idaho Department
of Environmental Quality to improve
Idaho’s crop residue burning and smoke
management program. Approval of the
State’s revisions to IDAPA 58.01.01.600
through 617 does not reflect a change in
EPA’s concern. Rather, EPA believes
that the revisions are approvable
because they clarify the existing
provisions under Idaho law that allow
the State to regulate this activity.
Comment: The commenter contends
that the existing SIP prohibits the open
burning of crop residue and that the
State’s claim that the revision is simply
a clarification of the existing SIP is
flawed. The commenter believes that
approval of IDAPA 58.01.01.617 would
be a drastic relaxation and a
modification of a control requirement in
effect before November 15, 1990, and
that the revision is therefore prohibited
under section 193 of the Clean Air Act
because the State did not comply with
the requirements of that provision. The
commenter also argues that the
argument that this is not a SIP
relaxation would lead to adverse
impacts such as allowing crop residue
burning during air pollution episodes
and would even allow pathological or
hazardous wastes to be burned.
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Response: The specific revision at
IDAPA 58.01.01.01.617 being approved
in this action provides: ‘‘The open
burning of crop residue on fields where
the crops were grown is an allowable
form of open burning if conducted in
accordance with the Smoke
Management and Crop Residue Disposal
Act, Chapter 48, Title 22, Idaho Code,
and the rules promulgated pursuant
thereto, IDAPA 02.06.16, ‘Crop Residue
Disposal Rules.’ ’’ EPA does not believe
that Idaho’s existing SIP when viewed
in its entirety prohibits the burning of
crop residue. As discussed below, the
addition of IDAPA 58.01.01.617 is not a
change or modification of a control
requirement in effect before November
15, 1990.
As explained in the proposal, the
State has consistently maintained that
burning crop residue was never meant
to be prohibited by the open burning
rules. Provisions allowing the burning
of crop residue were initially approved
into the Idaho SIP on July 28, 1982. 47
FR 32534. (Section 1–1153.08 of these
rules specifically identifies agricultural
burning as a category of allowable
burning.) As discussed more fully
below, Idaho subsequently passed 1985
legislation recognizing burning of
agricultural fields and, at the same time,
altering the State’s approach to field
burning regulation. Thereafter, the
Idaho Department of Health and Welfare
submitted rules reflecting the approach
of the 1985 legislation, and EPA
approved them on July 23, 1993. 58 FR
39445. (See also docket for summary of
state regulatory and EPA approval
timeline regarding agricultural burning.)
EPA recognizes that the rule language
approved on July 23, 1993 reflecting the
1985 approach, does not, on its face,
appear to identify crop residue as a
category of allowed burning. However,
an examination of the State’s overall
approach to field burning demonstrates
that the State has consistently allowed
the practice and never intended to
prohibit it. It would therefore be
unreasonable to conclude that the State
intended to ban the burning of crop
residue in any of its SIP submissions.
In reaching this conclusion EPA
considered such things as the legislative
history of Idaho’s provisions related to
agricultural burning and smoke
management (discussed below); the
inclusion of field burning in the
emissions inventories submitted for the
State including the Statewide emission
inventory for 1980; Memorandums of
Understanding (MOU) to which Idaho is
a party describing agricultural burning
procedures; the 1994 Kootenai County
Interim Air Quality Plan discussing
impacts from field burning;
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correspondence; annual field burning
reports; smoke management planning
efforts and reports, and PM–10 SIP
submittals (e.g., ‘‘PM–10 Air Quality
Improvement Plan for Sandpoint’’
(August, 1996) and ‘‘Northern Ada
County PM–10 SIP Maintenance Plan
and Redesignation Request’’ (September
25, 2002).)
Idaho’s legislative history, in
particular, demonstrates that the State
has consistently allowed the practice of
crop residue burning. The State’s 1985
Smoke Management Act specifically
found that current knowledge supports
the practice of burning grass seed fields.
‘‘The legislature finds that current
knowledge and technology support the
practice of burning grass seed fields to
control disease, weeds and pests and the
practice of burning cereal crop residues
where soil has inadequate
decomposition capacity. It is the intent
of the legislature to promote those
agricultural activities currently relying
on field burning and minimize any
potential effects on air quality. It is
further the intent of the legislature that
the department shall not promulgate
rules and regulations relating to a smoke
management plan, but rather that the
department cooperate with the
agricultural community in establishing a
voluntary smoke management
program.’’ Idaho Code 39–2301 (1985).
Although this legislation was not
specifically submitted to EPA as a SIP
revision, it was included in a regulatory
log as part of the rules submittal
package approved on July 23, 1993 and
was referenced in other SIP submittals.
The 1996 PM–10 Air Quality
Improvement Plan for Sandpoint, for
instance, refers to the 1985 Smoke
Management Act by explaining that
‘‘agricultural burning in Kootenai and
Benewah Counties is specifically
addressed by Idaho Code 39–2301
which establishes a voluntary smoke
management program to minimize the
effects on air quality. The State law
establishes a smoke management
advisory board, sets a fee system and
establishes the basic framework for a
voluntary field burning program
* * * .’’ This reference to agricultural
burning in the Sandpoint SIP submittal
underscores the State’s consistent view
that even after approval of Idaho’s open
burning revisions in 1993, crop residue
burning was not prohibited under the
open burning provisions. The Sandpoint
SIP was approved by EPA on June 26,
2002. 67 FR 43006.
More recently, the Idaho legislature
again found that ‘‘the current knowledge
and technology support the practice of
burning crop residue to control disease,
weeds, pests and to enhance crop
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rotations.’’ Idaho Code Chapter 48
Smoke Management and Crop Residue
Disposal, 22–4801 (1999). The Act
specifically provides that ‘‘The open
burning of crop residue grown in
agricultural fields shall be an allowable
form of open burning when the
provisions of this chapter and any rules
promulgated pursuant thereto and the
environmental protection and health act
and any rules promulgated thereto are
met and when no other alternatives to
burning are available * * *’’ Idaho
Code section 22–4803(1) (1999). The
same language remains in the 2003
Smoke Management and Crop Residue
Disposal Act. Idaho Code section 22–
4801 (2003). Idaho’s Crop Residue
Disposal Rules are located at IDAPA
02.06.16. Thus, EPA believes that the
State has consistently allowed the
practice and never intended to prohibit
it in its SIP. EPA has determined that
the revision to include 58.01.01.617, is
therefore consistent with the State’s
historical approach.1
Review of EPA’s past involvement in
the issue also indicates that EPA
understood agricultural burning to be
allowed in Idaho and that the SIP does
not prohibit it. EPA’s acknowledgment
that field burning is not prohibited has
been documented in numerous ways
over the years including, for example:
EPA’s response to PM10 SIP submittals
for specific areas in Idaho (referenced
above); EPA’s February 2005 testimony
before the Idaho State legislature;
correspondence such as the February
18, 2004 letter from EPA to ISDA and
EPA’s other written annual assessments
of Idaho’s Agricultural Field Burning
Program; EPA’s participation in burn
call decisions; EPA’s participation in
smoke management activities, such as
those associated with the ISDA Crop
Residue Disposal Advisory Committee;
and Memorandums of Agreement or
Memorandums of Understanding, such
as the Memorandum of Agreement with
the Nez Perce Tribe, IDEQ, ISDA, and
EPA relating to Agricultural Smoke
Management in the Clearwater Airshed,
signed by EPA on October 18, 2002.
1 The commenter references a 1996 letter from the
Idaho Attorney General’s Office that indicated that
field burning qualifies under the regulations as
‘‘prescribed burning’’ and thus is exempt from the
prohibition on open burning. On its face this 1996
letter states that it does not constitute an Official
Attorney General Opinion. EPA agrees with the
commenter that the crop residue is not ‘‘wildlands
fuel’’ and therefore disagrees with the analysis in
the 1996 letter. A more recent 2004 letter from the
Idaho Attorney General’s Office indicated that
while the prescribed burning category does not
explicitly include crop residue disposal burning,
the new section 617 was added to clarify that field
burning is allowed and that the addition clarifies
rather than relaxes the SIP. EPA agrees with the
analysis in this letter.
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In sum, EPA believes that approving
the proposed SIP revision does not
change or alter the existing SIP in Idaho
which does not prohibit burning of crop
residue. Rather this revision merely
recognizes and clarifies that the burning
of crop residue is not prohibited under
the SIP so long as the burning is
conducted in accordance with the Crop
Residue Disposal Act and its
regulations. It is EPA’s position that the
addition of IDAPA 58.01.01.617 is not a
change or modification of a control
requirement in effect before November
15, 1990. Therefore, the requirements of
section 193 of the Act are satisfied.
Finally, commenters’ concern
regarding adverse impacts resulting
from crop residue burning during air
pollution episodes is unfounded
because the SIP would prevent burning
in that instance. Additionally,
commenters’ concern regarding adverse
impacts from burning pathological or
hazardous wastes is unfounded because
the SIP would prevent burning crop
residue for that purpose.
Comment: The SIP provision allowing
for emergency action to protect public
health and safety is illusory and the
State does not have the ability or
resources to enforce it.
Response: The provision we are
approving today, IDAPA
58.01.01.603.03, provides ‘‘In
accordance with Title 39, Chapter I,
Idaho Code, the Department has the
authority to require immediate
abatement of any open burning in cases
of emergency requiring immediate
action to protect human health or
safety.’’ This provision simply makes
clear that in accordance with Title 30,
Chapter 1, Idaho Code the Department
has the authority to require immediate
abatement of open burning in cases
requiring immediate action.
Specifically, the State emergency
authority at Idaho Code section 39–113
provides for the issuance of an order if
the director finds that a generalized
condition of air pollution exists and that
it creates an imminent and substantial
endangerment to the public health or
welfare constituting an emergency
requiring immediate action to protect
human health or safety. This emergency
authority provision at Idaho Code
section 39–113 is part of the SIP and the
provision at IDAPA 58.01.01.603.03
approved in this action strengthens the
existing SIP authority.
Comment: The commenter maintains
that there is no demonstration under
CAA section 110(l) that the proposed
revision would not interfere with the
attainment and maintenance of the
NAAQS, and contends the revision
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would interfere with attainment and
maintenance.
Response: The proposed SIP revision
is merely a clarification of the existing
SIP and does not change or otherwise
relax an existing control measure and
therefore will not interfere with any
applicable requirements concerning
attainment and reasonable further
progress or other applicable requirement
of the Act. EPA believes that the
requirement of section 110(l) is
satisfied.
Comment: The proposed SIP revision
failed to provide for consultation under
CAA section 110(a)(2)(M) with local
political subdivisions like Bonner
County.
Response: Bonner County and other
local political subdivisions were
provided the opportunity to comment
on the proposed SIP revision through
the announcement of a public hearing in
the State’s Idaho Administrative
Bulletin. IDEQ held subsequently a
public hearing on September 11, 2002.
Comment: The proposal to allow crop
residue burning is inconsistent with air
toxic requirements.
Response: Section 112 of the Clean
Air Act addresses air toxic
requirements. Agricultural facilities
such as those that engage in crop
residue burning are not one of the listed
categories of major or area sources of
hazardous air pollutant emissions
regulated under section 112 of the Clean
Air Act. As a result, there are no EPA
emission standards under section 112
regulating this activity. Therefore, it is
currently impossible for crop residue
burning to interfere with an applicable
requirement under section 112. We
encourage the commenter to work with
the State to better address any air toxics
associated with crop residue burning.
Comment: The removal of the
alternatives requirement in section
58.01.01.604 is ‘‘unseemly’’ and
transforms the decision into one in
which all that matters is the grower’s
profits.
Response: EPA agrees that using
alternatives to open burning should be
encouraged. To that end, EPA continues
to support the research and
development of alternatives to burning.
However, the alternatives provision in
IDAPA section 58.01.01.604 is
discretionary and the State need not
exercise it. Moreover, the State has not,
to date, chosen to exercise it. Therefore
EPA concludes that removal of this
provision does not constitute a
relaxation because it is not comparable
to the removal of a control measure from
a SIP. EPA notes that Idaho has another
mechanism to evaluate the use of crop
residue burning. Under the 2003 Smoke
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Management and Crop Residue Disposal
Act, open burning of crop residue is
allowed only after the Director of
Agriculture determines there are no
economically viable alternatives to
burning. Idaho Code section 22–4803.
Thus, removing the alternatives
requirement in IDAPA Section
58.01.01.604 does not change the need
for the Director to make an affirmative,
defensible decision that there are no
economically viable alternatives.
Comment: There is no showing that
the revision will not adversely effect
reasonable progress towards visibility
improvement in Class I areas or that,
due to effects from crop residue burning
in Canada, the SIP is consistent with
United States’ obligations under
international laws and treaties.
Response: As explained above, the
proposed SIP revision does not change
or otherwise relax the existing crop
residue disposal program or the existing
practice in the State of Idaho. Because
the program remains unchanged,
approval of the SIP revision will not
adversely affect reasonable progress
towards visibility improvement in Class
I areas or conflict with the United
States’ obligations under international
laws and treaties.
Comment: The commenter requests
that EPA hold a public hearing on the
proposed revision, preferably in
Northern Idaho.
Response: The comment received was
thorough, fully documented and clearly
articulated the concerns of the
commenters. EPA has determined that a
public hearing is not necessary.
II. Summary of Final Action
EPA is approving all of the revisions
to the Rules for the Control of Air
Pollution in Idaho, section 58.01.01.600
through section 58.01.01.617, as
submitted by IDEQ on May 22, 2003.
III. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore 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, I certify that this
rule will not have a significant
economic impact on a substantial
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number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.). Because this rule approves preexisting 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,
on the relationship between the national
government and the States, 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 is not economically
significant.
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. 801 et seq., as added by the Small
Business Regulatory Enforcement
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39661
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. 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 August 10, 2005.
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: June 29, 2005.
Daniel D. Opalski,
Acting Regional Administrator, Region 10.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart N—Idaho
2. In § 52.670(c), the table in paragraph
(c) is amended by revising the entries for
600 through 603, removing the entry for
604, revising the entries for 606 through
610, 612, 613, 615, 616 and adding the
entry for 617 after existing entry 616 to
read as follows:
I
§ 52.670
*
Identification of plan.
*
*
(c) * * *
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*
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Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Rules and Regulations
IDAHO ADMINISTRATIVE PROCEDURES ACT (IDAPA) CHAPTER 58, RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO,
PREVIOUSLY CODIFIED AT IDAPA CHAPTER 39 (APPENDIX A.3)
58.01.01—Rules for the Control of Air Pollution in Idaho
State
citation
Title/subject
*
600 ...........
*
*
Rules for Control of Open Burning ....................
*
3/21/03
601 ...........
Fire Permits, Hazardous Materials and Liability
3/21/03
602 ...........
Nonpreemption of Other Jurisdictions ...............
3/21/03
603 ...........
General Restrictions ..........................................
606 ...........
Categories of Allowable Burning .......................
3/21/03
5/1/94
3/21/03
607 ...........
Recreational and Warming Fires .......................
3/21/03
608 ...........
Weed Control Fires ...........................................
5/1/94
609 ...........
Training Fires .....................................................
3/21/03
610 ...........
Industrial Flares .................................................
3/21/03
*
612 ...........
*
*
Landfill Disposal Site Fires ................................
*
3/21/03
613 ...........
Orchard Fires .....................................................
*
615 ...........
*
*
Dangerous Material Fires ..................................
3/21/03
5/1/94
*
3/21/03
616 ...........
Infectious Waste Burning ..................................
3/21/03
617 ...........
Crop Residue Disposal ......................................
3/21/03
*
*
*
*
*
[FR Doc. 05–13557 Filed 7–8–05; 8:45 am]
BILLING CODE 6560–50–U
ENVIRONMENTAL PROTECTION
AGENCY
[OAR–2002–0038, FRL–7935–4]
RIN 2060–AK52
National Emission Standards for
Hazardous Air Pollutants:
Requirements for Control Technology
Determinations for Major Sources in
Accordance With Clean Air Act
Sections, Sections 112(g) and 112(j)
Environmental Protection
Agency (EPA).
ACTION: Final rule; amendment.
AGENCY:
SUMMARY: We are amending table 1 to
subpart B of part 63 to reflect the
revised deadlines in a recently amended
consent decree. The final rule
amendment (and amended consent
decree) relates to boilers and
hydrochloric acid production furnaces
12:58 Jul 08, 2005
Jkt 205001
EPA approval date
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07/11/05 [Insert
ment begins].
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ment begins].
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ment begins].
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Explanations
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page number where the docu-
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page number where the docupage number where the docupage number where the docupage number where the docupage number where the docupage number where the docupage number where the docupage number where the docu*
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that burn hazardous waste. We are
making the amendment by final rule,
without prior proposal, because we
view the amendment as a technical
correction to an existing regulation.
DATES: Effective Dates: July 11, 2005.
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the EPA Docket Center is
(202) 566–1742. A reasonable fee may
be charged for copying docket materials.
Docket: The docket for the
final rule amendment is Docket ID No.
OAR–2002–0038. All documents in the
docket are listed in the EDOCKET index
at https://www.epa.gov/edocket.
Although listed in the index, some
information is not publicly available,
i.e., confidential business information
(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
EDOCKET or in hard copy at the HQ
EPA Docket Center, Docket ID No.
OAR–2002–0038, EPA West Building,
Room B–102, 1301 Constitution Ave.,
NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
FOR FURTHER INFORMATION CONTACT:
ADDRESSES:
40 CFR Part 63
VerDate jul<14>2003
State effective
date
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
Mr.
Rick Colyer, EPA, Office of Air Quality
Planning and Standards, Emission
Standards Division, Minerals and
Inorganic Chemicals Group (C504–05),
Research Triangle Park, North Carolina
27711; telephone number (919) 541–
5262; fax number (919) 541–5600; email address: colyer.rick@epa.gov.
Section
553 of the Administrative Procedure
Act, 5 U.S.C. 553(b)(B), provides that,
when an agency for good cause finds
that notice and public procedure are
impracticable, unnecessary, or contrary
to the public interest, the agency may
issue a rule without providing notice
and an opportunity for public comment.
The EPA has determined that there is
good cause for making today’s rule final
without prior proposal and opportunity
for public comment because the change
is simply a conforming change to be
SUPPLEMENTARY INFORMATION:
E:\FR\FM\11JYR1.SGM
11JYR1
]]>Agencies
[Federal Register Volume 70, Number 131 (Monday, July 11, 2005)]
[Rules and Regulations]
[Pages 39658-39662]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13557]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Docket ID-03-003; FRL-7936-1]
Approval and Promulgation of Air Quality Implementation Plan;
Idaho
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is approving revisions related to open burning and
crop residue disposal requirements in Idaho's State Implementation Plan
(SIP). The Idaho Department of Environmental Quality (IDEQ) submitted
these revisions to EPA for inclusion in the Idaho SIP on May 22, 2003.
These revisions were submitted for the purposes of clarifying existing
regulations and complying with section 110 and part D of the Clean Air
Act.
DATES: This action is effective on August 10, 2005.
ADDRESSES: Copies of the State's SIP revision and other information
supporting this action are available for inspection at EPA Region 10,
Office of Air, Waste, and Toxics (AWT-107), 1200 Sixth Avenue, Seattle,
Washington 98101.
FOR FURTHER INFORMATION CONTACT: Donna Deneen, EPA Region 10, Office of
Air, Waste, and Toxics (AWT-107), 1200 Sixth Avenue, Seattle,
Washington 98101, or at (206) 553-6706.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background Information
1. What revisions to the Idaho SIP are we approving?
2. What comments did we receive on our proposal to approve these
revisions?
II. Summary of Final Action
III. Statutory and Executive Orders Review
I. Background Information
1. What Revisions to the Idaho SIP Are We Approving?
We are approving revisions to the portion of Idaho's State
Implementation Plan relating to open burning found at IDAPA
58.01.01.600 through 617. These revisions were submitted to EPA by the
Director of the Idaho Department of Environmental Quality on May 22,
2003. EPA proposed to approve these revisions on June 7, 2004. 69 FR
31778. These revisions (1) add a section in Idaho's open burning
regulations to clarify that crop residue disposal is an allowable
category of open burning, (2) add a section in Idaho's regulations to
clarify that IDEQ has the authority to require immediate abatement of
open
[[Page 39659]]
burning in cases of emergency requiring immediate action to protect
human health or safety, and (3) remove section 58.01.01.604--
Alternatives to Open Burning, from Idaho's rules. The revisions also
include several editorial changes to IDAPA 58.01.01.600 through 617.
2. What Comments Did We Receive on Our Proposal To Approve These
Revisions?
We received one comment letter on the June 7, 2004 proposal. This
comment letter was from Safe Air for Everyone (SAFE) and was sent on
behalf of that organization, the American Lung Association of Idaho/
Nevada, and the Idaho Conservation League. In general, the letter
opposed the proposed SIP revision. The comments and our response are
summarized as follows:
Comment: The commenter indicates there is evidence of severe health
impacts from grass residue burning and provides documentation in
support of that claim. The information includes copies of an extensive
declaration and transcripts from the preliminary injunction hearing for
Safe Air for Everyone v. Wayne Meyer, et al., that took place between
July 10-12, 2002.
Response: EPA is aware of and continues to be concerned about the
health and welfare impacts associated with crop residue burning in
Idaho and is working with the State Department of Agriculture and the
Idaho Department of Environmental Quality to improve Idaho's crop
residue burning and smoke management program. Approval of the State's
revisions to IDAPA 58.01.01.600 through 617 does not reflect a change
in EPA's concern. Rather, EPA believes that the revisions are
approvable because they clarify the existing provisions under Idaho law
that allow the State to regulate this activity.
Comment: The commenter contends that the existing SIP prohibits the
open burning of crop residue and that the State's claim that the
revision is simply a clarification of the existing SIP is flawed. The
commenter believes that approval of IDAPA 58.01.01.617 would be a
drastic relaxation and a modification of a control requirement in
effect before November 15, 1990, and that the revision is therefore
prohibited under section 193 of the Clean Air Act because the State did
not comply with the requirements of that provision. The commenter also
argues that the argument that this is not a SIP relaxation would lead
to adverse impacts such as allowing crop residue burning during air
pollution episodes and would even allow pathological or hazardous
wastes to be burned.
Response: The specific revision at IDAPA 58.01.01.01.617 being
approved in this action provides: ``The open burning of crop residue on
fields where the crops were grown is an allowable form of open burning
if conducted in accordance with the Smoke Management and Crop Residue
Disposal Act, Chapter 48, Title 22, Idaho Code, and the rules
promulgated pursuant thereto, IDAPA 02.06.16, `Crop Residue Disposal
Rules.' '' EPA does not believe that Idaho's existing SIP when viewed
in its entirety prohibits the burning of crop residue. As discussed
below, the addition of IDAPA 58.01.01.617 is not a change or
modification of a control requirement in effect before November 15,
1990.
As explained in the proposal, the State has consistently maintained
that burning crop residue was never meant to be prohibited by the open
burning rules. Provisions allowing the burning of crop residue were
initially approved into the Idaho SIP on July 28, 1982. 47 FR 32534.
(Section 1-1153.08 of these rules specifically identifies agricultural
burning as a category of allowable burning.) As discussed more fully
below, Idaho subsequently passed 1985 legislation recognizing burning
of agricultural fields and, at the same time, altering the State's
approach to field burning regulation. Thereafter, the Idaho Department
of Health and Welfare submitted rules reflecting the approach of the
1985 legislation, and EPA approved them on July 23, 1993. 58 FR 39445.
(See also docket for summary of state regulatory and EPA approval
timeline regarding agricultural burning.) EPA recognizes that the rule
language approved on July 23, 1993 reflecting the 1985 approach, does
not, on its face, appear to identify crop residue as a category of
allowed burning. However, an examination of the State's overall
approach to field burning demonstrates that the State has consistently
allowed the practice and never intended to prohibit it. It would
therefore be unreasonable to conclude that the State intended to ban
the burning of crop residue in any of its SIP submissions.
In reaching this conclusion EPA considered such things as the
legislative history of Idaho's provisions related to agricultural
burning and smoke management (discussed below); the inclusion of field
burning in the emissions inventories submitted for the State including
the Statewide emission inventory for 1980; Memorandums of Understanding
(MOU) to which Idaho is a party describing agricultural burning
procedures; the 1994 Kootenai County Interim Air Quality Plan
discussing impacts from field burning; correspondence; annual field
burning reports; smoke management planning efforts and reports, and PM-
10 SIP submittals (e.g., ``PM-10 Air Quality Improvement Plan for
Sandpoint'' (August, 1996) and ``Northern Ada County PM-10 SIP
Maintenance Plan and Redesignation Request'' (September 25, 2002).)
Idaho's legislative history, in particular, demonstrates that the
State has consistently allowed the practice of crop residue burning.
The State's 1985 Smoke Management Act specifically found that current
knowledge supports the practice of burning grass seed fields. ``The
legislature finds that current knowledge and technology support the
practice of burning grass seed fields to control disease, weeds and
pests and the practice of burning cereal crop residues where soil has
inadequate decomposition capacity. It is the intent of the legislature
to promote those agricultural activities currently relying on field
burning and minimize any potential effects on air quality. It is
further the intent of the legislature that the department shall not
promulgate rules and regulations relating to a smoke management plan,
but rather that the department cooperate with the agricultural
community in establishing a voluntary smoke management program.'' Idaho
Code 39-2301 (1985). Although this legislation was not specifically
submitted to EPA as a SIP revision, it was included in a regulatory log
as part of the rules submittal package approved on July 23, 1993 and
was referenced in other SIP submittals. The 1996 PM-10 Air Quality
Improvement Plan for Sandpoint, for instance, refers to the 1985 Smoke
Management Act by explaining that ``agricultural burning in Kootenai
and Benewah Counties is specifically addressed by Idaho Code 39-2301
which establishes a voluntary smoke management program to minimize the
effects on air quality. The State law establishes a smoke management
advisory board, sets a fee system and establishes the basic framework
for a voluntary field burning program * * * .'' This reference to
agricultural burning in the Sandpoint SIP submittal underscores the
State's consistent view that even after approval of Idaho's open
burning revisions in 1993, crop residue burning was not prohibited
under the open burning provisions. The Sandpoint SIP was approved by
EPA on June 26, 2002. 67 FR 43006.
More recently, the Idaho legislature again found that ``the current
knowledge and technology support the practice of burning crop residue
to control disease, weeds, pests and to enhance crop
[[Page 39660]]
rotations.'' Idaho Code Chapter 48 Smoke Management and Crop Residue
Disposal, 22-4801 (1999). The Act specifically provides that ``The open
burning of crop residue grown in agricultural fields shall be an
allowable form of open burning when the provisions of this chapter and
any rules promulgated pursuant thereto and the environmental protection
and health act and any rules promulgated thereto are met and when no
other alternatives to burning are available * * *'' Idaho Code section
22-4803(1) (1999). The same language remains in the 2003 Smoke
Management and Crop Residue Disposal Act. Idaho Code section 22-4801
(2003). Idaho's Crop Residue Disposal Rules are located at IDAPA
02.06.16. Thus, EPA believes that the State has consistently allowed
the practice and never intended to prohibit it in its SIP. EPA has
determined that the revision to include 58.01.01.617, is therefore
consistent with the State's historical approach.\1\
---------------------------------------------------------------------------
\1\ The commenter references a 1996 letter from the Idaho
Attorney General's Office that indicated that field burning
qualifies under the regulations as ``prescribed burning'' and thus
is exempt from the prohibition on open burning. On its face this
1996 letter states that it does not constitute an Official Attorney
General Opinion. EPA agrees with the commenter that the crop residue
is not ``wildlands fuel'' and therefore disagrees with the analysis
in the 1996 letter. A more recent 2004 letter from the Idaho
Attorney General's Office indicated that while the prescribed
burning category does not explicitly include crop residue disposal
burning, the new section 617 was added to clarify that field burning
is allowed and that the addition clarifies rather than relaxes the
SIP. EPA agrees with the analysis in this letter.
---------------------------------------------------------------------------
Review of EPA's past involvement in the issue also indicates that
EPA understood agricultural burning to be allowed in Idaho and that the
SIP does not prohibit it. EPA's acknowledgment that field burning is
not prohibited has been documented in numerous ways over the years
including, for example: EPA's response to PM10 SIP submittals for
specific areas in Idaho (referenced above); EPA's February 2005
testimony before the Idaho State legislature; correspondence such as
the February 18, 2004 letter from EPA to ISDA and EPA's other written
annual assessments of Idaho's Agricultural Field Burning Program; EPA's
participation in burn call decisions; EPA's participation in smoke
management activities, such as those associated with the ISDA Crop
Residue Disposal Advisory Committee; and Memorandums of Agreement or
Memorandums of Understanding, such as the Memorandum of Agreement with
the Nez Perce Tribe, IDEQ, ISDA, and EPA relating to Agricultural Smoke
Management in the Clearwater Airshed, signed by EPA on October 18,
2002.
In sum, EPA believes that approving the proposed SIP revision does
not change or alter the existing SIP in Idaho which does not prohibit
burning of crop residue. Rather this revision merely recognizes and
clarifies that the burning of crop residue is not prohibited under the
SIP so long as the burning is conducted in accordance with the Crop
Residue Disposal Act and its regulations. It is EPA's position that the
addition of IDAPA 58.01.01.617 is not a change or modification of a
control requirement in effect before November 15, 1990. Therefore, the
requirements of section 193 of the Act are satisfied.
Finally, commenters' concern regarding adverse impacts resulting
from crop residue burning during air pollution episodes is unfounded
because the SIP would prevent burning in that instance. Additionally,
commenters' concern regarding adverse impacts from burning pathological
or hazardous wastes is unfounded because the SIP would prevent burning
crop residue for that purpose.
Comment: The SIP provision allowing for emergency action to protect
public health and safety is illusory and the State does not have the
ability or resources to enforce it.
Response: The provision we are approving today, IDAPA
58.01.01.603.03, provides ``In accordance with Title 39, Chapter I,
Idaho Code, the Department has the authority to require immediate
abatement of any open burning in cases of emergency requiring immediate
action to protect human health or safety.'' This provision simply makes
clear that in accordance with Title 30, Chapter 1, Idaho Code the
Department has the authority to require immediate abatement of open
burning in cases requiring immediate action. Specifically, the State
emergency authority at Idaho Code section 39-113 provides for the
issuance of an order if the director finds that a generalized condition
of air pollution exists and that it creates an imminent and substantial
endangerment to the public health or welfare constituting an emergency
requiring immediate action to protect human health or safety. This
emergency authority provision at Idaho Code section 39-113 is part of
the SIP and the provision at IDAPA 58.01.01.603.03 approved in this
action strengthens the existing SIP authority.
Comment: The commenter maintains that there is no demonstration
under CAA section 110(l) that the proposed revision would not interfere
with the attainment and maintenance of the NAAQS, and contends the
revision would interfere with attainment and maintenance.
Response: The proposed SIP revision is merely a clarification of
the existing SIP and does not change or otherwise relax an existing
control measure and therefore will not interfere with any applicable
requirements concerning attainment and reasonable further progress or
other applicable requirement of the Act. EPA believes that the
requirement of section 110(l) is satisfied.
Comment: The proposed SIP revision failed to provide for
consultation under CAA section 110(a)(2)(M) with local political
subdivisions like Bonner County.
Response: Bonner County and other local political subdivisions were
provided the opportunity to comment on the proposed SIP revision
through the announcement of a public hearing in the State's Idaho
Administrative Bulletin. IDEQ held subsequently a public hearing on
September 11, 2002.
Comment: The proposal to allow crop residue burning is inconsistent
with air toxic requirements.
Response: Section 112 of the Clean Air Act addresses air toxic
requirements. Agricultural facilities such as those that engage in crop
residue burning are not one of the listed categories of major or area
sources of hazardous air pollutant emissions regulated under section
112 of the Clean Air Act. As a result, there are no EPA emission
standards under section 112 regulating this activity. Therefore, it is
currently impossible for crop residue burning to interfere with an
applicable requirement under section 112. We encourage the commenter to
work with the State to better address any air toxics associated with
crop residue burning.
Comment: The removal of the alternatives requirement in section
58.01.01.604 is ``unseemly'' and transforms the decision into one in
which all that matters is the grower's profits.
Response: EPA agrees that using alternatives to open burning should
be encouraged. To that end, EPA continues to support the research and
development of alternatives to burning. However, the alternatives
provision in IDAPA section 58.01.01.604 is discretionary and the State
need not exercise it. Moreover, the State has not, to date, chosen to
exercise it. Therefore EPA concludes that removal of this provision
does not constitute a relaxation because it is not comparable to the
removal of a control measure from a SIP. EPA notes that Idaho has
another mechanism to evaluate the use of crop residue burning. Under
the 2003 Smoke
[[Page 39661]]
Management and Crop Residue Disposal Act, open burning of crop residue
is allowed only after the Director of Agriculture determines there are
no economically viable alternatives to burning. Idaho Code section 22-
4803. Thus, removing the alternatives requirement in IDAPA Section
58.01.01.604 does not change the need for the Director to make an
affirmative, defensible decision that there are no economically viable
alternatives.
Comment: There is no showing that the revision will not adversely
effect reasonable progress towards visibility improvement in Class I
areas or that, due to effects from crop residue burning in Canada, the
SIP is consistent with United States' obligations under international
laws and treaties.
Response: As explained above, the proposed SIP revision does not
change or otherwise relax the existing crop residue disposal program or
the existing practice in the State of Idaho. Because the program
remains unchanged, approval of the SIP revision will not adversely
affect reasonable progress towards visibility improvement in Class I
areas or conflict with the United States' obligations under
international laws and treaties.
Comment: The commenter requests that EPA hold a public hearing on
the proposed revision, preferably in Northern Idaho.
Response: The comment received was thorough, fully documented and
clearly articulated the concerns of the commenters. EPA has determined
that a public hearing is not necessary.
II. Summary of Final Action
EPA is approving all of the revisions to the Rules for the Control
of Air Pollution in Idaho, section 58.01.01.600 through section
58.01.01.617, as submitted by IDEQ on May 22, 2003.
III. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore 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, I certify 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, on the relationship between the national government and the
States, 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 is not economically
significant.
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. 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.
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 August 10, 2005. 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: June 29, 2005.
Daniel D. Opalski,
Acting Regional Administrator, Region 10.
0
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart N--Idaho
0
2. In Sec. 52.670(c), the table in paragraph (c) is amended by
revising the entries for 600 through 603, removing the entry for 604,
revising the entries for 606 through 610, 612, 613, 615, 616 and adding
the entry for 617 after existing entry 616 to read as follows:
Sec. 52.670 Identification of plan.
* * * * *
(c) * * *
[[Page 39662]]
Idaho Administrative Procedures Act (IDAPA) Chapter 58, Rules for the Control of Air Pollution in Idaho,
Previously Codified at IDAPA Chapter 39 (Appendix A.3)
----------------------------------------------------------------------------------------------------------------
58.01.01--Rules for the Control of Air Pollution in Idaho
-----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
600..................... Rules for Control of Open 3/21/03 07/11/05 [Insert page
Burning. number where the document
begins].
601..................... Fire Permits, Hazardous 3/21/03 07/11/05 [Insert page
Materials and Liability. number where the document
begins].
602..................... Nonpreemption of Other 3/21/03 07/11/05 [Insert page
Jurisdictions. number where the document
begins].
603..................... General Restrictions...... 3/21/03 07/11/05 [Insert page
5/1/94 number where the document
begins].
606..................... Categories of Allowable 3/21/03 07/11/05 [Insert page
Burning. number where the document
begins].
607..................... Recreational and Warming 3/21/03 07/11/05 [Insert page
Fires. number where the document
begins].
608..................... Weed Control Fires........ 5/1/94 07/11/05 [Insert page
number where the document
begins].
609..................... Training Fires............ 3/21/03 07/11/05 [Insert page
number where the document
begins].
610..................... Industrial Flares......... 3/21/03 07/11/05 [Insert page
number where the document
begins].
* * * * * * *
612..................... Landfill Disposal Site 3/21/03 07/11/05 [Insert page
Fires. number where the document
begins].
613..................... Orchard Fires............. 3/21/03 07/11/05 [Insert page
5/1/94 number where the document
begins].
* * * * * * *
615..................... Dangerous Material Fires.. 3/21/03 07/11/05 [Insert page
number where the document
begins].
616..................... Infectious Waste Burning.. 3/21/03 07/11/05 [Insert page
number where the document
begins].
617..................... Crop Residue Disposal..... 3/21/03 07/11/05 [Insert page
number where the document
begins].
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 05-13557 Filed 7-8-05; 8:45 am]
BILLING CODE 6560-50-U
