Approval and Promulgation of Implementation Plans; State of Iowa, 48073-48078 [05-16224]
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Federal Register / Vol. 70, No. 157 / Tuesday, August 16, 2005 / Rules and Regulations
§179.26 Ionizing radiation for the
treatment of food.
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Use
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11. For the control of
Vibrio bacteria and
other foodborne microorganisms in or on
fresh or frozen
molluscan shellfish.
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Not to exceed 5.5
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Dated: August 11, 2005.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. 05–16279 Filed 8–12–05; 1:19 pm]
BILLING CODE 4160–01–S
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 1240
Turtles Intrastate and Interstate
Requirements
AGENCY:
Food and Drug Administration,
HHS.
Final rule; technical
amendment.
ACTION:
SUMMARY: The Food and Drug
Administration (FDA) is amending its
regulation regarding the intrastate and
interstate distribution of turtles to
reflect a change in responsibility for
administering the provisions of the
regulations from FDA’s Center for Food
Safety and Applied Nutrition (CFSAN)
to FDA’s Center for Veterinary Medicine
(CVM). FDA is taking this action to
enable the agency to more effectively
administer the provisions of this
regulation.
DATES: This rule is effective August 16,
2005.
FOR FURTHER INFORMATION CONTACT:
Joseph Paige, Center for Veterinary
Medicine (HFV–230), Food and Drug
Administration, 7519 Standish Pl.,
Rockville, MD 20855, 240–276–9210, email: jpaige@cvm.fda.gov.
SUPPLEMENTARY INFORMATION: FDA is
amending its regulations regarding the
intrastate and interstate distribution of
turtles (§ 1240.62 (21 CFR 1240.62)) to
reflect the transfer of regulatory
responsibility from CFSAN to CVM.
Except as otherwise provided, § 1240.62
requires that viable turtle eggs and live
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turtles with a carapace length of less
than 4 inches not be sold, held for sale,
or offered for any other type of
commercial or public distribution. FDA
is amending this regulation because
current expertise for addressing issues
regarding this regulation is within CVM.
Reassigning regulatory responsibility to
CVM more effectively utilizes agency
resources in administering the
provisions of the regulation.
Publication of this document
constitutes final action on this change
under the Administrative Procedures
Act (5 U.S.C. 553). FDA has determined
that notice and public comment are
unnecessary because this amendment to
the regulation is nonsubstantive. It
merely reflects an organizational
change.
48073
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R07–OAR–2005–IA–0003; FRL–7953–7]
Approval and Promulgation of
Implementation Plans; State of Iowa
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is approving the State
Implementation Plan (SIP) revision
submitted by the state of Iowa for the
purpose of approving the 2001 and 2004
updates to the Linn County Air Quality
Ordinance. These revisions will help to
ensure consistency between the
applicable local agency rules and
Federally-approved rules, and ensure
List of Subjects in 21 CFR Part 1240
Federal enforceability of the applicable
parts of the local agency air programs.
Communicable diseases, Public
DATES: This direct final rule will be
health, Travel restrictions, Water
effective October 17, 2005, without
supply.
further notice, unless EPA receives
I Therefore, under the Public Health
adverse comment by September 15,
Service Act and under authority
2005. If adverse comment is received,
EPA will publish a timely withdrawal of
delegated to the Commissioner of Food
and Drugs, 21 CFR part 1240 is amended the direct final rule in the Federal
Register informing the public that the
as follows:
rule will not take effect.
PART 1240—CONTROL OF
ADDRESSES: Submit your comments,
COMMUNICABLE DISEASES
identified by Regional Material in
EDocket (RME) ID Number R07–OAR–
I 1. The authority citation for 21 CFR
2005–IA–0003, by one of the following
part 1240 continues to read as follows:
methods:
1. Federal eRulemaking Portal:
Authority: 42 U.S.C. 216, 243, 264, 271.
https://www.regulations.gov. Follow the
on-line instructions for submitting
§ 1240.62 [Amended]
comments.
I 2. Section 1240.62 is amended as
2. Agency Web site: https://
follows:
docket.epa.gov/rmepub/. RME, EPA’s
electronic public docket and comment
a. In paragraphs (c)(1)(i), (c)(1)(ii),
system, is EPA’s preferred method for
(c)(1)(v), and (c)(2) by removing
receiving comments. Once in the
‘‘Director of the Center for Food Safety
system, select ‘‘quick search’’; then key
and Applied Nutrition’’ each time it
in the appropriate RME Docket
appears, and adding in its place
identification number. Follow the on‘‘Director of the Center for Veterinary
line instructions for submitting
Medicine’’.
comments.
b. In paragraph (c)(1)(ii) by removing
3. E-mail: Hamilton.heather@epa.gov.
‘‘5100 Paint Branch Pkwy., College Park,
4. Mail: Heather Hamilton,
MD 20740’’, and adding in its place
Environmental Protection Agency, Air
‘‘7519 Standish Pl., Rockville, MD
Planning and Development Branch, 901
20855’’.
North 5th Street, Kansas City, Kansas
66101.
Dated: August 9, 2005.
5. Hand Delivery or Courier: Deliver
Jeffrey Shuren,
your comments to Heather Hamilton,
Assistant Commissioner for Policy.
Environmental Protection Agency, Air
[FR Doc. 05–16142 Filed 8–15–05; 8:45 am]
Planning and Development Branch, 901
BILLING CODE 4160–01–S
North 5th Street, Kansas City, Kansas
66101.
Instructions: Direct your comments to
RME ID No. R07–OAR–2005–IA–0003.
EPA’s policy is that all comments
received will be included in the public
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Federal Register / Vol. 70, No. 157 / Tuesday, August 16, 2005 / Rules and Regulations
docket without change and may be
made available online at https://
docket.epa.gov/rmepub/, 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 RME, regulations.gov,
or e-mail. The EPA RME Web site and
the Federal regulations.gov Web site are
‘‘anonymous access’’ systems, 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 RME or
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 RME
index at https://docket.epa.gov/rmepub/.
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 RME or
in hard copy at the Environmental
Protection Agency, Air Planning and
Development Branch, 901 North 5th
Street, Kansas City, Kansas 66101. The
Regional Office’s official hours of
business are Monday through Friday, 8
to 4:30 excluding Federal holidays. The
interested persons wanting to examine
these documents should make an
appointment with the office at least 24
hours in advance.
FOR FURTHER INFORMATION CONTACT:
Heather Hamilton at (913) 551–7039, or
by e-mail at Hamilton.heather@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This section provides additional
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information by addressing the following
questions:
What Is a SIP?
What Is the Federal Approval Process for
a SIP?
What Does Federal Approval of a State
Regulation Mean to Me?
What Is Being Addressed in This
Document?
Have the Requirements for Approval of a
SIP Revision Been Met?
What Action Is EPA Taking?
What Is a SIP?
Section 110 of the Clean Air Act
(CAA) requires states to develop air
pollution regulations and control
strategies to ensure that state air quality
meets the national ambient air quality
standards established by EPA. These
ambient standards are established under
section 109 of the CAA, and they
currently address six criteria pollutants.
These pollutants are: carbon monoxide,
nitrogen dioxide, ozone, lead,
particulate matter, and sulfur dioxide.
Each state must submit these
regulations and control strategies to us
for approval and incorporation into the
Federally-enforceable SIP.
Each Federally-approved SIP protects
air quality primarily by addressing air
pollution at its point of origin. These
SIPs can be extensive, containing state
regulations or other enforceable
documents and supporting information
such as emission inventories,
monitoring networks, and modeling
demonstrations.
What Is the Federal Approval Process
for a SIP?
In order for state regulations to be
incorporated into the Federallyenforceable SIP, states must formally
adopt the regulations and control
strategies consistent with state and
Federal requirements. This process
generally includes a public notice,
public hearing, public comment period,
and a formal adoption by a stateauthorized rulemaking body.
Once a state rule, regulation, or
control strategy is adopted, the state
submits it to us for inclusion into the
SIP. We must provide public notice and
seek additional public comment
regarding the proposed Federal action
on the state submission. If adverse
comments are received, they must be
addressed prior to any final Federal
action by us.
All state regulations and supporting
information approved by EPA under
section 110 of the CAA are incorporated
into the Federally-approved SIP.
Records of such SIP actions are
maintained in the Code of Federal
Regulations (CFR) at title 40, part 52,
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entitled ‘‘Approval and Promulgation of
Implementation Plans.’’ The actual state
regulations which are approved are not
reproduced in their entirety in the CFR
outright but are ‘‘incorporated by
reference,’’ which means that we have
approved a given state regulation with
a specific effective date.
What Does Federal Approval of a State
Regulation Mean to Me?
Enforcement of the state regulation
before and after it is incorporated into
the Federally-approved SIP is primarily
a state responsibility. However, after the
regulation is Federally approved, we are
authorized to take enforcement action
against violators. Citizens are also
offered legal recourse to address
violations as described in section 304 of
the CAA.
What Is Being Addressed in This
Document?
The Iowa Department of Natural
Resources (IDNR) requested EPA
approval of the 2001 and 2004 revisions
to the Linn County Air Quality
Ordinance, Chapter 10, Air Quality, as
a revision to the Iowa SIP. The changes
were adopted by the Linn County Board
of Supervisors on February 9, 2005, and
became effective on March 1, 2005.
The following is a description of the
revisions to the Linn County Air Quality
Ordinance, Chapter 10, Air Quality,
which are subject to this approval
action:
Addition of Definitions. The following
definitions were added to the Linn
County Air Quality Ordinance, Chapter
10.2, ‘‘Definitions’’ to be consistent with
state rules which have been approved
by EPA: Act, Administrator, Affected
facility, Air quality standard, Ambient
air, Auxiliary fuel firing equipment,
Backyard burning, Combustion for
indirect heating, Commenced,
Commission, Construction, Control
equipment, Country grain elevator,
Director, Emergency generator, Existing
equipment, Hazardous air pollutant,
Landscape waste, Modification,
National Ambient Air Quality Standards
(NAAQS), National Emission Standards
for Hazardous Air Pollutants (NESHAP),
New equipment, Open burning, PM2.5,
Parts per million (PPM), Permit to
operate, Prevention of Significant
Deterioration (PSD), Public Health
Department, Residential waste,
Responsible Official, Rubbish,
Shutdown, Six-minute period, Standard
cubic foot (SCF), Startup, State
Implementation Plan (SIP), Total
suspended particulate, Trade waste, 12month rolling period, and Volatile
organic compound.
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Federal Register / Vol. 70, No. 157 / Tuesday, August 16, 2005 / Rules and Regulations
The following definitions were
changed in the Linn County Air Quality
Ordinance, Chapter 10.2, ‘‘Definitions’’:
Air Quality Division or Air Pollution
Control Agency, Board of Health, Major
modification, Potential to emit, and
Standard conditions. The definitions of
Major modification and Potential to
emit are consistent with approved state
rules.
The following definitions were
deleted from the Linn County Air
Quality Ordinance, Chapter 10.2,
‘‘Definitions’’: Health Department and
Open fire.
Locally required permits. Chapter 10.5
of the Linn County Air Quality
Ordinance sets forth requirements for
locally required permits. Note that EPA
has not approved the local permit
program with regard to permits for
major sources. Major source (PSD)
permits are issued by the Iowa
Department of Natural Resources.
Changes were made to the wording in
10.5(2)(b), ‘‘Public Notice
Requirements.’’ The term ‘‘air pollution
source’’ was removed and the term
‘‘stationary source’’ was added. Also,
the term ‘‘major modification’’ was
removed and the term ‘‘significant
modification’’ was added. These
changes were made to be consistent
with state and Federal rules.
The section entitled ‘‘Duration of
Permit’’ located at 10.5(2)(c) changed
the adjustment period after the project
completion date from sixty (60) days to
ninety (90) days. The change in the
adjustment period allows the potential
permittee additional time to ensure that
the source is operational prior to
obtaining the Permit to Operate. In the
Linn County program, the terms and
conditions of the permit to install
(construct) are converted to a source
operating permit after the source
becomes operational.
‘‘Posting of Permit to Operate,’’
10.5(3)(d), the term ‘‘permit number’’
was removed and was replaced with the
term ‘‘emission point number.’’
In section 10.5(9), ‘‘Exemptions from
the Authorization to Install Permit and
Permit to Operate Requirements,’’
exemptions a, e, f, and i were changed
to be consistent with recent changes to
the IDNR SIP. Exemption ‘‘a,’’ which
refers to fuel-burning equipment for
indirect heating and re-heating surfaces,
added the term ‘‘cooling units’’ to the
exemption, and added the term ‘‘per
combustion unit’’ to the capacity
section. Exemption ‘‘e,’’ which refers to
residential heaters, cook stoves, or
fireplaces, added untreated wood,
untreated seeds or pellets, or other
untreated vegetative materials to
material that can be burned. Exemption
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‘‘f’’ refers to laboratory equipment used
exclusively for non-production
chemical and physical analyses. The
term ‘‘non-production’’ was defined in
this exemption for clarification.
Exemption ‘‘i,’’ which refers to capacity
of gasoline, diesel, or oil storage tanks,
was changed to reflect the capacity of
10,570 gallons or less of an annual
throughput of less than 40,000 gallons.
Seven exemptions were added to
10.5(9) as follows: ‘‘o’’ added stationary
internal combustion engines with a
brake horsepower rating of less than
400, or a kilowatt output less than 300;
‘‘p’’ added cooling and ventilating
equipment; ‘‘q’’ added equipment not
related to the production of goods or
services and used for academic
purposes at educational institutions; ‘‘r’’
added any container, storage tank, or
vessel that contains a fluid maximum
true vapor pressure of less than 0.75
psia; ‘‘s’’ added equipment used for
non-production activities or exhausted
inside a building; ‘‘t’’ added manually
operated equipment used for buffing,
polishing, carving, cutting, drilling,
machining, routing, sanding, sawing,
scarfing, surface grinding or turning,
and ‘‘u’’ added incinerators and
pyrolysis cleaning furnaces with a rated
refuse burning capacity of less than 25
pounds per hour. These additions are
consistent with the approved state rules.
Permit Fees. Changes were made to
Linn County Air Quality Ordinance
(10.6) to reflect changes in policy. In
10.6(1), the filing fee and payable date
were removed and language was added
to reflect that the fee shall be paid upon
the invoice due date. This change
reduces the administrative burden of
revising the SIP with each filing fee
change. Language was added to 10.6(2)
stating that the Air Pollution Control
Officer has the authority to deny the
issuance or renewal of any permit to any
person who is in violation of the Air
Quality Ordinance.
Two sections were added to 10.6
(10.6(3) and 10.6(4)) to explain fees for
late permits (construction prior to
permit issuance) and how fees are
recommended.
Particulate Matter. With this
approval, the name of this section will
be changed from ‘‘Dust and Fumes’’ to
‘‘Particulate Matter.’’ In addition, 10.9
1.(a) will be changed from ‘‘General’’ to
‘‘General Emission Rate.’’
Section 10.9(1) of the Linn County Air
Quality Ordinance added the emission
standard of 0.1 grain per dry standard
cubic foot of exhaust gas from any
process or Table 1, entitled ‘‘Allowable
Rate of Emission Based on Process
Weight Rate,’’ whichever is lowest.
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48075
With this approval, the name of 10.9
1.(g) is changed from ‘‘Grain Processing
Plants,’’ to ‘‘Grain Handling and
Processing Plants.’’ Changes made to
this section correctly reflect the revised
title of the section, as well as the
changes made in 10.9(1).
Changes were made to section 10.9
1.(j) to include phosphoric acid
manufacture, diammonium phosphate
manufacture, nitrophosphate
manufacture, and related calculations
and definitions.
The revision to 10.9 1.(l) for
incinerators included removing the
phrase ‘‘objectionable odors’’; 10.9
1.(l)(1) was revised to clarify that the
discharge of particulate matter into the
atmosphere shall not exceed 0.2 grain
per standard cubic foot of exhaust gas
adjusted to 12 percent carbon dioxide.
This change further clarifies that an
incinerator with a rated burning
capacity of less than 1,000 pounds per
hour should not exceed discharge of
particulate matter into the atmosphere
that exceeds 0.35 grains per standard
cubic foot of exhaust gas adjusted to 12
percent carbon dioxide.
Section 10.9 1.(l)(2) was previously
entitled ‘‘Smoke,’’ and is revised to read
‘‘Visible Emissions.’’ In addition to the
name change, a provision was added to
clarify that the appearance, density, or
shade of opacity will not exceed the
level specified in a federally-enforceable
permit.
Training Fires. Section 10.10 of the
Linn County Air Quality Ordinance sets
forth rules for open burning.
Specifically, section 10.10(1)(b)
identifies rules for training fires. This
section was expanded to reflect changes
recently made in IDNR’s SIP and
includes specific instruction on
notification, removal of asbestoscontaining materials, asphalt shingles,
and tires. This section also gives the Air
Pollution Control Officer the authority
to deny a training fire permit based on
factors such as public health, air quality
in the vicinity, and effects to the local
environment where the burning would
cause a violation of any National
Ambient Air Quality Standard.
Section 10.10 A.(1)(c) identifies
regulations for burning of agricultural
structures which are defined in this
section. The rule clarifies that weather
must be favorable, and the structure
must be at least one-fourth mile from
any building inhabited by a person
other than the landowner, a tenant or an
employee thereof, unless a written
affidavit is submitted to the Linn
County Air Quality Division by the
owner prior to the open burning. As
with the update to the training fire rule,
this section also clarifies removal of
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Federal Register / Vol. 70, No. 157 / Tuesday, August 16, 2005 / Rules and Regulations
asphalt shingles, asbestos-containing
material, and tires.
Section 10.10 A.(1)(f), which refers to
landscape wastes, added provisions
stating that burning shall be conducted
when weather conditions are favorable
with respect to surrounding property.
The open burning of trees and tree
trimmings was added to the Linn
County Air Quality Ordinance at 10.10
A.(1)(h). This revision states that trees
and tree trimmings may be burned at a
site operated by a local governmental
entity, provided the site is fenced and
access controlled and conditions are
favorable with respect to surrounding
property. Provisions with regard to
inhabited buildings are the same as with
agricultural structures. This revision
allows relocation of the burning
operation if the burning could cause air
pollution as defined in the Iowa Code
(455B.131(3)).
Rules for open burning permits are
found at 10.10 A.(2) of the Linn County
Air Quality Ordinance. Provisions were
added in this revision stating that open
burning permits are valid for either 30
or 60 days from the date of issue at the
request of the applicant. Fees are
recommended by the Air Pollution
Control Officer and established by
resolution of the Linn County Board of
Supervisors except for agencies or
public districts that are exempt. This
revision further adds that open burning
permits are valid if the fee is paid, and
the permit is signed by the Air Pollution
Control Officer and the Fire Chief of the
fire district having jurisdiction at the
place of burning. The Air Pollution
Control Officer has the authority to deny
issuance of an open burning permit
based on previous violations such as
non-payment of fees, or if a person has
a previous violation of this Ordinance.
Section 10.10 A.(3) updated the
exemptions for open burning that
include heating and recreational
activities providing charcoal or clean
wood material is used and the fire is no
larger than three feet in diameter. The
exemption for camp fires added outdoor
fireplaces, and this exemption added
the activity of cooking to ‘‘recreational
activities.’’ In the section exempting
fires for disposal of household rubbish,
the burning of grass and leaves was
removed, and wood, paper, cardboard,
and other natural fiber products were
added to the list of burnable materials.
A limitation was added to this
exemption stating that burning for the
disposal of household rubbish at
dwellings of more than four family units
is not allowed. An exemption to allow
for burning of paper seed bags was
added as 10.10 A.(3)(d) provided that
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the bags resulted from activities that
occurred on the premises.
Sulfur Compounds. Revisions were
made to section 10.12, Sulfur
Compounds, with regard to realigning
10.12(1) into the separate sections of
10.12(1)(a) and (b). Section 10.12(1)(c)
was added and stated that no person
shall allow, cause or permit the
combustion of number 1 or number 2
fuel oil that exceeds a sulfur content of
0.5 percent by weight.
Fugitive Dust. Section 10.13(1)
discusses Attainment and Unclassified
Areas and addresses dust caused by
ordinary travel on unpaved roads. The
term ‘‘minimize atmospheric pollution’’
was deleted and replaced with verbiage
to address the prevention of particulate
matter from becoming airborne. A
section was added to this rule (10.13(2))
that added information about fugitive
dust emissions in nonattainment areas
to be consistent with state and Federal
rules.
Testing and Sampling of New and
Existing Equipment. The first paragraph
of this section (10.17) was revised to
include current revisions from the CFR
and the state Compliance Sampling
Manual. Section 10.17(8) entitled
‘‘Exemptions from Continuous
Monitoring Requirements’’ was revised
to include current revisions to the CFR,
and to include an update to the
exemption for affected steam generators.
This update was reworded to include an
affected steam generator that had an
annual capacity factor of less that 30
percent for the calendar year 1974. A
provision was added as 10.17(8)(c)
stating that the Air Pollution Control
Officer may provide a temporary
exemption from the monitoring and
reporting requirements during any
period of monitoring system
malfunction provided certain provisions
are met. Provisions include that the
source owner or operator shows that the
malfunction was unavoidable and is
being repaired as expeditiously as
possible. This temporary exemption is
consistent with the approved state rule
and with 40 CFR part 51, appendix P.
Open Burning Penalties. This section
added Trade Waste Materials to the list
of materials that cannot be burned
(10.24(2)(b)(5)).
The following is a description of
changes to the Linn County Air Quality
Ordinance which are not part of the
EPA-approved SIP, and therefore, are
not addressed in this rulemaking: 10.2,
Definition of Federally Enforceable;
10.2, Definition of Maximum
Achievable Control Technology
(MACT); definition of MACT floor;
10.4(1), Title V Permits; 10.9(2), NSPS;
10.9(3), Emission Standards for HAPs;
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10.9(4), Emission Standards for HAPs
for Source Categories; 10.11, Emission
of Objectionable Odors, and, 10.15,
Variances.
Have the Requirements for Approval of
a SIP Revision Been Met?
The state submittal has met the public
notice requirements for SIP submissions
in accordance with 40 CFR 51.102. The
submittal also satisfied the
completeness criteria of 40 CFR part 51,
appendix V. In addition, as explained
above and in more detail in the
technical support document which is
part of this document, the revision
meets the substantive SIP requirements
of the CAA, including section 110 and
implementing regulations.
What Action Is EPA Taking?
EPA is approving a revision to the SIP
submitted by the state of Iowa to
approve the 2001 and 2004 updates to
the Linn County Air Quality Ordinance.
This revision will ensure consistency
between the applicable local agency
rules and Federally-approved rules, and
ensure Federal enforceability of the
applicable parts of the local agency air
programs.
We are taking direct final action to
approve this revision because this
revision makes routine changes to the
existing rules which are
noncontroversial. Therefore, we do not
anticipate any adverse comments.
Please note that if EPA receives adverse
comment on part of this rule and if that
part can be severed from the remainder
of the rule, EPA may adopt as final
those parts of the rule that are not the
subject of an adverse comment.
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, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this
rule approves pre-existing requirements
under state law and does not impose
any additional enforceable duty beyond
that required by state law, it does not
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Federal Register / Vol. 70, No. 157 / Tuesday, August 16, 2005 / Rules and Regulations
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
CAA. 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 CAA. 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 CAA. 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 October 17, 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: August 3, 2005.
James B. Gulliford,
Regional Administrator, Region 7.
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 Q—Iowa
2. In § 52.820 the table in paragraph (c)
is amended by revising the entry for
‘‘Chapter 10’’ under the heading ‘‘Linn
County’’ to read as follows:
I
§ 52.820
*
Identification of plan
*
*
(c) * * *
*
*
EPA-APPROVED IOWA REGULATIONS
Iowa citation
State effective date
Title
EPA approval date
Explanation
Iowa Department of Natural Resources, Environmental Protection Commission [567]
*
*
Chapter 10 ............
VerDate jul<14>2003
*
Linn County Air Quality Ordinance, Chapter 10.
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*
*
Linn County
08/16/05 [insert FR page
number where the document begins].
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*
*
10.2, Definitions of Federally Enforceable, Maximum
Achievable
Control
Technology
(MACT), and MACT floor; 10.4(1), Title V
Permits; 10.9(2), NSPS; 10.9(3), Emission
Standards for HAPs; 10.9(4), Emission
Standards for HAPs for Source Categories;
10.11, Emission of objectionable odors; and,
10.15, Variances are not a part of the SIP.
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*
*
Federal Register / Vol. 70, No. 157 / Tuesday, August 16, 2005 / Rules and Regulations
*
*
*
[FR Doc. 05–16224 Filed 8–15–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R06–OAR–2005–OK–0001; FRL–7953–8]
Approval and Promulgation of Air
Quality Implementation Plans;
Oklahoma; Attainment Demonstration
for the Central Oklahoma Early Action
Compact Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: The EPA is approving a
revision to the Oklahoma State
Implementation Plan (SIP) submitted by
the Secretary of the Environment on
December 22, 2004 for Central
Oklahoma. This revision will
incorporate a Memorandum of
Agreement (MOA) between the
Oklahoma Department of Environmental
Quality (ODEQ) and the Association of
Central Oklahoma Governments (ACOG)
into the Oklahoma SIP and includes a
demonstration of attainment and
maintenance for the 8-hour National
Ambient Air Quality Standard (NAAQS)
for ozone. The MOA outlines duties and
responsibilities of each party for
implementation of pollution control
measures for the Central Oklahoma
Early Action Compact (EAC) area. EPA
is approving the photochemical
modeling in support of the attainment
demonstration for the 8-hour ozone
standard within the Central Oklahoma
EAC area and is approving the
associated control measures. These
actions strengthen the SIP in accordance
with the requirements of sections 110
and 116 of the Federal Clean Air Act
(the Act) and will result in emission
reductions needed to help ensure
attainment and maintenance of the 8hour NAAQS for ozone.
DATES: This final rule is effective on
September 15, 2005.
ADDRESSES: EPA has established a
docket for this action under Regional
Material in EDocket (RME) ID No. R06–
OAR–2005–OK–0001. All documents in
the docket are listed in the RME index
at https://docket.epa.gov/rmepub/; once
in the system, select ‘‘quick search,’’
then type in the appropriate RME
docket identification number. Although
listed in the index, some information is
not publicly available, i.e., confidential
business information or other
information the disclosure of which is
VerDate jul<14>2003
09:08 Aug 15, 2005
Jkt 205001
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 RME or in hard copy at
the Air Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas
75202–2733. The file will be made
available by appointment for public
inspection in the Region 6 FOIA Review
Room between the hours of 8:30 a.m.
and 4:30 p.m. weekdays except for legal
holidays. Contact the person listed in
the FOR FURTHER INFORMATION CONTACT
paragraph below or Mr. Bill Deese at
214–665–7253 to make an appointment.
If possible, please make the
appointment at least two working days
in advance of your visit. There will be
a 15 cents per page fee for making
photocopies of documents. On the day
of the visit, please check in at the EPA
Region 6 reception area at 1445 Ross
Avenue, Suite 700, Dallas, Texas.
The State submittal is also available
for public inspection at the State Air
Agency listed below during official
business hours by appointment:
Oklahoma Department of
Environmental Quality, Air Quality
Division, 707 North Robinson,
Oklahoma City, OK 73101–1677.
FOR FURTHER INFORMATION CONTACT:
Carrie Paige, Air Planning Section
(6PD–L), EPA Region 6, 1445 Ross
Avenue, Dallas, Texas 75202–2733,
telephone (214) 665–6521,
paige.carrie@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we,’’ ‘‘our,’’ and ‘‘us’’ is used, we mean
EPA.
Outline
I. Background
II. What Action Is EPA Taking?
III. What Comments did EPA Receive on the
May 13, 2005 Proposed Rulemaking for
the Central Oklahoma EAC Area?
IV. Final Action
V. Statutory and Executive Order Reviews
I. Background
On May 13, 2005, EPA proposed
approval of the Central Oklahoma EAC
area’s clean air action plan (Plan), the
photochemical modeling in support of
the attainment demonstration and
related control measures as revisions to
the SIP submitted to EPA by the State
of Oklahoma. The proposal provides a
detailed description of these revisions
and the rationale for EPA’s proposed
actions, together with a discussion of
the opportunity to comment. The public
comment period for these actions closed
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
on June 13, 2005. See the Technical
Support Documents or our proposed
rulemaking at 70 FR 25516 for more
information. One adverse comment was
received on EPA’s proposed approval of
the Central Oklahoma EAC Plan and 8hour ozone attainment demonstration
for the EAC area.
II. What Action Is EPA Taking?
Today we are approving revisions to
the Oklahoma SIP under sections 110
and 116 of the Act. The revisions
demonstrate continued attainment and
maintenance of the 8-hour ozone
standard within the Central Oklahoma
EAC area. The revisions include the
Central Oklahoma EAC Plan,
photochemical modeling and related
control measures. The intent of the SIP
revisions is to reduce ozone pollution
and thereby maintain the 8-hour ozone
standard.
III. What Comments Did EPA Receive
on the May 13, 2005 Proposed
Rulemaking for Central Oklahoma?
We received one comment letter on
the May 13, 2005 proposed rulemaking.
The letter provided both supportive and
adverse discourse, commending the
State of Oklahoma for steps it has taken
to improve air quality. The commenter
opposes approval of the SIP revision
because, should the area experience a
violation of the 8-hour ozone standard,
the SIP revision (1) provides for the
deferment of the area’s nonattainment
designation to as late as December 31,
2007, and (2) relieves the area of its
obligations under Title I, Subpart D of
the Act. The commenter contends that
EPA does not have the legal authority to
defer the effective date of an area’s
nonattainment designation nor to
relieve areas of the obligations of Part D
of Title I of the Act when areas are
violating the standard and designated
nonattainment.
Response: We appreciate the support
expressed towards the State of
Oklahoma and towards the efforts made
to ensure that the citizens in the Central
Oklahoma EAC area continue to breathe
clean air. We continue to believe that
the EAC program, as designed, gives
Central Oklahoma the flexibility to
develop their own approach to
maintaining the 8-hour ozone standard
and believe Central Oklahoma is serious
in their commitment to control
emissions from local sources. By
involving diverse stakeholders,
including representatives from industry,
local and State governments, and local
environmental and citizen groups,
Central Oklahoma is implementing
regional cooperation in solving air
quality problems that affect the health
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]]>Agencies
[Federal Register Volume 70, Number 157 (Tuesday, August 16, 2005)]
[Rules and Regulations]
[Pages 48073-48078]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-16224]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R07-OAR-2005-IA-0003; FRL-7953-7]
Approval and Promulgation of Implementation Plans; State of Iowa
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving the State Implementation Plan (SIP) revision
submitted by the state of Iowa for the purpose of approving the 2001
and 2004 updates to the Linn County Air Quality Ordinance. These
revisions will help to ensure consistency between the applicable local
agency rules and Federally-approved rules, and ensure Federal
enforceability of the applicable parts of the local agency air
programs.
DATES: This direct final rule will be effective October 17, 2005,
without further notice, unless EPA receives adverse comment by
September 15, 2005. If adverse comment is received, EPA will publish a
timely withdrawal of the direct final rule in the Federal Register
informing the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Regional Material in
EDocket (RME) ID Number R07-OAR-2005-IA-0003, by one of the following
methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. Agency Web site: https://docket.epa.gov/rmepub/. RME, EPA's
electronic public docket and comment system, is EPA's preferred method
for receiving comments. Once in the system, select ``quick search'';
then key in the appropriate RME Docket identification number. Follow
the on-line instructions for submitting comments.
3. E-mail: Hamilton.heather@epa.gov.
4. Mail: Heather Hamilton, Environmental Protection Agency, Air
Planning and Development Branch, 901 North 5th Street, Kansas City,
Kansas 66101.
5. Hand Delivery or Courier: Deliver your comments to Heather
Hamilton, Environmental Protection Agency, Air Planning and Development
Branch, 901 North 5th Street, Kansas City, Kansas 66101.
Instructions: Direct your comments to RME ID No. R07-OAR-2005-IA-
0003. EPA's policy is that all comments received will be included in
the public
[[Page 48074]]
docket without change and may be made available online at https://
docket.epa.gov/rmepub/, 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 RME, regulations.gov, or e-mail.
The EPA RME Web site and the Federal regulations.gov Web site are
``anonymous access'' systems, 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 RME or 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
RME index at https://docket.epa.gov/rmepub/. 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 RME
or in hard copy at the Environmental Protection Agency, Air Planning
and Development Branch, 901 North 5th Street, Kansas City, Kansas
66101. The Regional Office's official hours of business are Monday
through Friday, 8 to 4:30 excluding Federal holidays. The interested
persons wanting to examine these documents should make an appointment
with the office at least 24 hours in advance.
FOR FURTHER INFORMATION CONTACT: Heather Hamilton at (913) 551-7039, or
by e-mail at Hamilton.heather@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This section provides
additional information by addressing the following questions:
What Is a SIP?
What Is the Federal Approval Process for a SIP?
What Does Federal Approval of a State Regulation Mean to Me?
What Is Being Addressed in This Document?
Have the Requirements for Approval of a SIP Revision Been Met?
What Action Is EPA Taking?
What Is a SIP?
Section 110 of the Clean Air Act (CAA) requires states to develop
air pollution regulations and control strategies to ensure that state
air quality meets the national ambient air quality standards
established by EPA. These ambient standards are established under
section 109 of the CAA, and they currently address six criteria
pollutants. These pollutants are: carbon monoxide, nitrogen dioxide,
ozone, lead, particulate matter, and sulfur dioxide.
Each state must submit these regulations and control strategies to
us for approval and incorporation into the Federally-enforceable SIP.
Each Federally-approved SIP protects air quality primarily by
addressing air pollution at its point of origin. These SIPs can be
extensive, containing state regulations or other enforceable documents
and supporting information such as emission inventories, monitoring
networks, and modeling demonstrations.
What Is the Federal Approval Process for a SIP?
In order for state regulations to be incorporated into the
Federally-enforceable SIP, states must formally adopt the regulations
and control strategies consistent with state and Federal requirements.
This process generally includes a public notice, public hearing, public
comment period, and a formal adoption by a state-authorized rulemaking
body.
Once a state rule, regulation, or control strategy is adopted, the
state submits it to us for inclusion into the SIP. We must provide
public notice and seek additional public comment regarding the proposed
Federal action on the state submission. If adverse comments are
received, they must be addressed prior to any final Federal action by
us.
All state regulations and supporting information approved by EPA
under section 110 of the CAA are incorporated into the Federally-
approved SIP. Records of such SIP actions are maintained in the Code of
Federal Regulations (CFR) at title 40, part 52, entitled ``Approval and
Promulgation of Implementation Plans.'' The actual state regulations
which are approved are not reproduced in their entirety in the CFR
outright but are ``incorporated by reference,'' which means that we
have approved a given state regulation with a specific effective date.
What Does Federal Approval of a State Regulation Mean to Me?
Enforcement of the state regulation before and after it is
incorporated into the Federally-approved SIP is primarily a state
responsibility. However, after the regulation is Federally approved, we
are authorized to take enforcement action against violators. Citizens
are also offered legal recourse to address violations as described in
section 304 of the CAA.
What Is Being Addressed in This Document?
The Iowa Department of Natural Resources (IDNR) requested EPA
approval of the 2001 and 2004 revisions to the Linn County Air Quality
Ordinance, Chapter 10, Air Quality, as a revision to the Iowa SIP. The
changes were adopted by the Linn County Board of Supervisors on
February 9, 2005, and became effective on March 1, 2005.
The following is a description of the revisions to the Linn County
Air Quality Ordinance, Chapter 10, Air Quality, which are subject to
this approval action:
Addition of Definitions. The following definitions were added to
the Linn County Air Quality Ordinance, Chapter 10.2, ``Definitions'' to
be consistent with state rules which have been approved by EPA: Act,
Administrator, Affected facility, Air quality standard, Ambient air,
Auxiliary fuel firing equipment, Backyard burning, Combustion for
indirect heating, Commenced, Commission, Construction, Control
equipment, Country grain elevator, Director, Emergency generator,
Existing equipment, Hazardous air pollutant, Landscape waste,
Modification, National Ambient Air Quality Standards (NAAQS), National
Emission Standards for Hazardous Air Pollutants (NESHAP), New
equipment, Open burning, PM2.5, Parts per million (PPM),
Permit to operate, Prevention of Significant Deterioration (PSD),
Public Health Department, Residential waste, Responsible Official,
Rubbish, Shutdown, Six-minute period, Standard cubic foot (SCF),
Startup, State Implementation Plan (SIP), Total suspended particulate,
Trade waste, 12-month rolling period, and Volatile organic compound.
[[Page 48075]]
The following definitions were changed in the Linn County Air
Quality Ordinance, Chapter 10.2, ``Definitions'': Air Quality Division
or Air Pollution Control Agency, Board of Health, Major modification,
Potential to emit, and Standard conditions. The definitions of Major
modification and Potential to emit are consistent with approved state
rules.
The following definitions were deleted from the Linn County Air
Quality Ordinance, Chapter 10.2, ``Definitions'': Health Department and
Open fire.
Locally required permits. Chapter 10.5 of the Linn County Air
Quality Ordinance sets forth requirements for locally required permits.
Note that EPA has not approved the local permit program with regard to
permits for major sources. Major source (PSD) permits are issued by the
Iowa Department of Natural Resources.
Changes were made to the wording in 10.5(2)(b), ``Public Notice
Requirements.'' The term ``air pollution source'' was removed and the
term ``stationary source'' was added. Also, the term ``major
modification'' was removed and the term ``significant modification''
was added. These changes were made to be consistent with state and
Federal rules.
The section entitled ``Duration of Permit'' located at 10.5(2)(c)
changed the adjustment period after the project completion date from
sixty (60) days to ninety (90) days. The change in the adjustment
period allows the potential permittee additional time to ensure that
the source is operational prior to obtaining the Permit to Operate. In
the Linn County program, the terms and conditions of the permit to
install (construct) are converted to a source operating permit after
the source becomes operational.
``Posting of Permit to Operate,'' 10.5(3)(d), the term ``permit
number'' was removed and was replaced with the term ``emission point
number.''
In section 10.5(9), ``Exemptions from the Authorization to Install
Permit and Permit to Operate Requirements,'' exemptions a, e, f, and i
were changed to be consistent with recent changes to the IDNR SIP.
Exemption ``a,'' which refers to fuel-burning equipment for indirect
heating and re-heating surfaces, added the term ``cooling units'' to
the exemption, and added the term ``per combustion unit'' to the
capacity section. Exemption ``e,'' which refers to residential heaters,
cook stoves, or fireplaces, added untreated wood, untreated seeds or
pellets, or other untreated vegetative materials to material that can
be burned. Exemption ``f'' refers to laboratory equipment used
exclusively for non-production chemical and physical analyses. The term
``non-production'' was defined in this exemption for clarification.
Exemption ``i,'' which refers to capacity of gasoline, diesel, or oil
storage tanks, was changed to reflect the capacity of 10,570 gallons or
less of an annual throughput of less than 40,000 gallons.
Seven exemptions were added to 10.5(9) as follows: ``o'' added
stationary internal combustion engines with a brake horsepower rating
of less than 400, or a kilowatt output less than 300; ``p'' added
cooling and ventilating equipment; ``q'' added equipment not related to
the production of goods or services and used for academic purposes at
educational institutions; ``r'' added any container, storage tank, or
vessel that contains a fluid maximum true vapor pressure of less than
0.75 psia; ``s'' added equipment used for non-production activities or
exhausted inside a building; ``t'' added manually operated equipment
used for buffing, polishing, carving, cutting, drilling, machining,
routing, sanding, sawing, scarfing, surface grinding or turning, and
``u'' added incinerators and pyrolysis cleaning furnaces with a rated
refuse burning capacity of less than 25 pounds per hour. These
additions are consistent with the approved state rules.
Permit Fees. Changes were made to Linn County Air Quality Ordinance
(10.6) to reflect changes in policy. In 10.6(1), the filing fee and
payable date were removed and language was added to reflect that the
fee shall be paid upon the invoice due date. This change reduces the
administrative burden of revising the SIP with each filing fee change.
Language was added to 10.6(2) stating that the Air Pollution Control
Officer has the authority to deny the issuance or renewal of any permit
to any person who is in violation of the Air Quality Ordinance.
Two sections were added to 10.6 (10.6(3) and 10.6(4)) to explain
fees for late permits (construction prior to permit issuance) and how
fees are recommended.
Particulate Matter. With this approval, the name of this section
will be changed from ``Dust and Fumes'' to ``Particulate Matter.'' In
addition, 10.9 1.(a) will be changed from ``General'' to ``General
Emission Rate.''
Section 10.9(1) of the Linn County Air Quality Ordinance added the
emission standard of 0.1 grain per dry standard cubic foot of exhaust
gas from any process or Table 1, entitled ``Allowable Rate of Emission
Based on Process Weight Rate,'' whichever is lowest.
With this approval, the name of 10.9 1.(g) is changed from ``Grain
Processing Plants,'' to ``Grain Handling and Processing Plants.''
Changes made to this section correctly reflect the revised title of the
section, as well as the changes made in 10.9(1).
Changes were made to section 10.9 1.(j) to include phosphoric acid
manufacture, diammonium phosphate manufacture, nitrophosphate
manufacture, and related calculations and definitions.
The revision to 10.9 1.(l) for incinerators included removing the
phrase ``objectionable odors''; 10.9 1.(l)(1) was revised to clarify
that the discharge of particulate matter into the atmosphere shall not
exceed 0.2 grain per standard cubic foot of exhaust gas adjusted to 12
percent carbon dioxide. This change further clarifies that an
incinerator with a rated burning capacity of less than 1,000 pounds per
hour should not exceed discharge of particulate matter into the
atmosphere that exceeds 0.35 grains per standard cubic foot of exhaust
gas adjusted to 12 percent carbon dioxide.
Section 10.9 1.(l)(2) was previously entitled ``Smoke,'' and is
revised to read ``Visible Emissions.'' In addition to the name change,
a provision was added to clarify that the appearance, density, or shade
of opacity will not exceed the level specified in a federally-
enforceable permit.
Training Fires. Section 10.10 of the Linn County Air Quality
Ordinance sets forth rules for open burning. Specifically, section
10.10(1)(b) identifies rules for training fires. This section was
expanded to reflect changes recently made in IDNR's SIP and includes
specific instruction on notification, removal of asbestos-containing
materials, asphalt shingles, and tires. This section also gives the Air
Pollution Control Officer the authority to deny a training fire permit
based on factors such as public health, air quality in the vicinity,
and effects to the local environment where the burning would cause a
violation of any National Ambient Air Quality Standard.
Section 10.10 A.(1)(c) identifies regulations for burning of
agricultural structures which are defined in this section. The rule
clarifies that weather must be favorable, and the structure must be at
least one-fourth mile from any building inhabited by a person other
than the landowner, a tenant or an employee thereof, unless a written
affidavit is submitted to the Linn County Air Quality Division by the
owner prior to the open burning. As with the update to the training
fire rule, this section also clarifies removal of
[[Page 48076]]
asphalt shingles, asbestos-containing material, and tires.
Section 10.10 A.(1)(f), which refers to landscape wastes, added
provisions stating that burning shall be conducted when weather
conditions are favorable with respect to surrounding property.
The open burning of trees and tree trimmings was added to the Linn
County Air Quality Ordinance at 10.10 A.(1)(h). This revision states
that trees and tree trimmings may be burned at a site operated by a
local governmental entity, provided the site is fenced and access
controlled and conditions are favorable with respect to surrounding
property. Provisions with regard to inhabited buildings are the same as
with agricultural structures. This revision allows relocation of the
burning operation if the burning could cause air pollution as defined
in the Iowa Code (455B.131(3)).
Rules for open burning permits are found at 10.10 A.(2) of the Linn
County Air Quality Ordinance. Provisions were added in this revision
stating that open burning permits are valid for either 30 or 60 days
from the date of issue at the request of the applicant. Fees are
recommended by the Air Pollution Control Officer and established by
resolution of the Linn County Board of Supervisors except for agencies
or public districts that are exempt. This revision further adds that
open burning permits are valid if the fee is paid, and the permit is
signed by the Air Pollution Control Officer and the Fire Chief of the
fire district having jurisdiction at the place of burning. The Air
Pollution Control Officer has the authority to deny issuance of an open
burning permit based on previous violations such as non-payment of
fees, or if a person has a previous violation of this Ordinance.
Section 10.10 A.(3) updated the exemptions for open burning that
include heating and recreational activities providing charcoal or clean
wood material is used and the fire is no larger than three feet in
diameter. The exemption for camp fires added outdoor fireplaces, and
this exemption added the activity of cooking to ``recreational
activities.'' In the section exempting fires for disposal of household
rubbish, the burning of grass and leaves was removed, and wood, paper,
cardboard, and other natural fiber products were added to the list of
burnable materials. A limitation was added to this exemption stating
that burning for the disposal of household rubbish at dwellings of more
than four family units is not allowed. An exemption to allow for
burning of paper seed bags was added as 10.10 A.(3)(d) provided that
the bags resulted from activities that occurred on the premises.
Sulfur Compounds. Revisions were made to section 10.12, Sulfur
Compounds, with regard to realigning 10.12(1) into the separate
sections of 10.12(1)(a) and (b). Section 10.12(1)(c) was added and
stated that no person shall allow, cause or permit the combustion of
number 1 or number 2 fuel oil that exceeds a sulfur content of 0.5
percent by weight.
Fugitive Dust. Section 10.13(1) discusses Attainment and
Unclassified Areas and addresses dust caused by ordinary travel on
unpaved roads. The term ``minimize atmospheric pollution'' was deleted
and replaced with verbiage to address the prevention of particulate
matter from becoming airborne. A section was added to this rule
(10.13(2)) that added information about fugitive dust emissions in
nonattainment areas to be consistent with state and Federal rules.
Testing and Sampling of New and Existing Equipment. The first
paragraph of this section (10.17) was revised to include current
revisions from the CFR and the state Compliance Sampling Manual.
Section 10.17(8) entitled ``Exemptions from Continuous Monitoring
Requirements'' was revised to include current revisions to the CFR, and
to include an update to the exemption for affected steam generators.
This update was reworded to include an affected steam generator that
had an annual capacity factor of less that 30 percent for the calendar
year 1974. A provision was added as 10.17(8)(c) stating that the Air
Pollution Control Officer may provide a temporary exemption from the
monitoring and reporting requirements during any period of monitoring
system malfunction provided certain provisions are met. Provisions
include that the source owner or operator shows that the malfunction
was unavoidable and is being repaired as expeditiously as possible.
This temporary exemption is consistent with the approved state rule and
with 40 CFR part 51, appendix P.
Open Burning Penalties. This section added Trade Waste Materials to
the list of materials that cannot be burned (10.24(2)(b)(5)).
The following is a description of changes to the Linn County Air
Quality Ordinance which are not part of the EPA-approved SIP, and
therefore, are not addressed in this rulemaking: 10.2, Definition of
Federally Enforceable; 10.2, Definition of Maximum Achievable Control
Technology (MACT); definition of MACT floor; 10.4(1), Title V Permits;
10.9(2), NSPS; 10.9(3), Emission Standards for HAPs; 10.9(4), Emission
Standards for HAPs for Source Categories; 10.11, Emission of
Objectionable Odors, and, 10.15, Variances.
Have the Requirements for Approval of a SIP Revision Been Met?
The state submittal has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submittal also
satisfied the completeness criteria of 40 CFR part 51, appendix V. In
addition, as explained above and in more detail in the technical
support document which is part of this document, the revision meets the
substantive SIP requirements of the CAA, including section 110 and
implementing regulations.
What Action Is EPA Taking?
EPA is approving a revision to the SIP submitted by the state of
Iowa to approve the 2001 and 2004 updates to the Linn County Air
Quality Ordinance. This revision will ensure consistency between the
applicable local agency rules and Federally-approved rules, and ensure
Federal enforceability of the applicable parts of the local agency air
programs.
We are taking direct final action to approve this revision because
this revision makes routine changes to the existing rules which are
noncontroversial. Therefore, we do not anticipate any adverse comments.
Please note that if EPA receives adverse comment on part of this rule
and if that part can be severed from the remainder of the rule, EPA may
adopt as final those parts of the rule that are not the subject of an
adverse comment.
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, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not
[[Page 48077]]
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 CAA.
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 CAA. 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 CAA. 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 October 17, 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: August 3, 2005.
James B. Gulliford,
Regional Administrator, Region 7.
0
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 Q--Iowa
0
2. In Sec. 52.820 the table in paragraph (c) is amended by revising
the entry for ``Chapter 10'' under the heading ``Linn County'' to read
as follows:
Sec. 52.820 Identification of plan
* * * * *
(c) * * *
EPA-Approved Iowa Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Iowa citation Title State effective date EPA approval date Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Iowa Department of Natural Resources, Environmental Protection Commission [567]
* * * * * * *
Linn County
Chapter 10.................. Linn County Air Quality Ordinance, 03/01/05 08/16/05 [insert FR page number where 10.2, Definitions of
Chapter 10. the document begins]. Federally
Enforceable,
Maximum Achievable
Control Technology
(MACT), and MACT
floor; 10.4(1),
Title V Permits;
10.9(2), NSPS;
10.9(3), Emission
Standards for HAPs;
10.9(4), Emission
Standards for HAPs
for Source
Categories; 10.11,
Emission of
objectionable
odors; and, 10.15,
Variances are not a
part of the SIP.
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[[Page 48078]]
* * * * *
[FR Doc. 05-16224 Filed 8-15-05; 8:45 am]
BILLING CODE 6560-50-P
