Approval and Promulgation of Implementation Plans; State of Iowa, 48073-48078 [05-16224]

Download as PDF Federal Register / Vol. 70, No. 157 / Tuesday, August 16, 2005 / Rules and Regulations §179.26 Ionizing radiation for the treatment of food. * * * (b) * * * * * Use * Limitations * * * 11. For the control of Vibrio bacteria and other foodborne microorganisms in or on fresh or frozen molluscan shellfish. * * * * * Not to exceed 5.5 kGy. * * * * * * 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 VerDate jul<14>2003 14:13 Aug 15, 2005 Jkt 205001 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. http://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: http:// 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 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\16AUR1.SGM 16AUR1 48074 Federal Register / Vol. 70, No. 157 / Tuesday, August 16, 2005 / Rules and Regulations docket without change and may be made available online at http:// 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 http://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 VerDate jul<14>2003 09:08 Aug 15, 2005 Jkt 205001 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, PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 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. E:\FR\FM\16AUR1.SGM 16AUR1 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 VerDate jul<14>2003 09:08 Aug 15, 2005 Jkt 205001 ‘‘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. PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 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 E:\FR\FM\16AUR1.SGM 16AUR1 48076 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 VerDate jul<14>2003 09:08 Aug 15, 2005 Jkt 205001 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; PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 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 E:\FR\FM\16AUR1.SGM 16AUR1 48077 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. 09:08 Aug 15, 2005 Jkt 205001 PO 00000 03/01/05 Frm 00021 * * Linn County 08/16/05 [insert FR page number where the document begins]. Fmt 4700 Sfmt 4700 * * 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. E:\FR\FM\16AUR1.SGM 16AUR1 48078 * * 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 http://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 E:\FR\FM\16AUR1.SGM 16AUR1

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]


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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.

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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: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. Agency Web site: http://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 http://
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 http://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.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 48078]]

* * * * *
[FR Doc. 05-16224 Filed 8-15-05; 8:45 am]
BILLING CODE 6560-50-P