Approval and Promulgation of Implementation Plans; State of Iowa, 16048-16051 [06-3032]
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16048
Federal Register / Vol. 71, No. 61 / Thursday, March 30, 2006 / Rules and Regulations
3. The mailer ID may be reverseprinted.
i. Additional information. Additional
information (e.g., company logo, return
authorization number, inventory
barcode) is permitted on the PRS label
if it does not interfere with any required
format elements. Inventory barcodes
must not resemble the barcodes
described in 708.5.0, Barcoding
Standards for Parcels.
11.4.5 PRS Label Format Examples
The following are PRS label format
examples. Note: The ZIP Code 56999
appears in each example for
demonstration purposes only.
a. Parcel Select Return Service label
using a separate PRS barcode and postal
routing barcode.
b. Parcel Select Return Service label
using a concatenated barcode.
*
*
*
Special Standards
*
cprice-sewell on PROD1PC66 with RULES
700
*
[Delete 709.5.0, Parcel Return Services,
and renumber sections 709.6.0 through
709.8.0 accordingly.]
*
*
*
*
*
*
*
*
709 Experimental Classifications and
Rates
*
*
*
*
*
ENVIRONMENTAL PROTECTION
AGENCY
Neva R. Watson,
Attorney, Legislative.
[FR Doc. 06–3117 Filed 3–29–06; 8:45 am]
[EPA–R07–OAR–2005–0482; FRL–8050–2]
BILLING CODE 7710–12–P
40 CFR Part 52
Approval and Promulgation of
Implementation Plans; State of Iowa
Environmental Protection
Agency (EPA).
AGENCY:
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Federal Register / Vol. 71, No. 61 / Thursday, March 30, 2006 / Rules and Regulations
ACTION:
Direct final rule.
SUMMARY: EPA is announcing a revision
to the State Implementation Plan (SIP)
submitted by the state of Iowa. The
purpose of this revision is to approve
the 2005 update to the Polk County
Board of Health Rules and Regulations,
Chapter V, Air Pollution. These
revisions will help to ensure
consistency between the applicable
local agency rules and Federallyapproved rules, and ensure Federal
enforceability of the applicable parts of
the local agency air programs.
DATES: This direct final rule will be
effective May 30, 2006, without further
notice, unless EPA receives adverse
comment by May 1, 2006. 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.
Submit your comments,
identified by Docket ID No. EPA-R07OAR–2005–0482, by one of the
following methods:
1. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
2. E-mail: hamilton.heather@epa.gov.
3. 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
Docket ID No. EPA–R07–OAR–2005–
0482. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through https://
www.regulations.gov or e-mail
information that you consider to be CBI
or otherwise protected. The https://
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
cprice-sewell on PROD1PC66 with RULES
ADDRESSES:
VerDate Aug<31>2005
15:18 Mar 29, 2006
Jkt 208001
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
https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically in https://
www.regulations.gov 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 a.m. to 4:30 p.m.
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
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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,
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.
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Federal Register / Vol. 71, No. 61 / Thursday, March 30, 2006 / Rules and Regulations
What is being addressed in this
document?
The Iowa Department of Natural
Resources (IDNR) requested EPA
approval of the 2005 revisions to the
Polk County Board of Health Rules and
Regulations, Chapter V, Air Pollution, as
a revision to the Iowa SIP. The changes
were adopted by the Polk County Board
of Health Supervisors on August 16,
2005, and became effective August 24,
2005.
The definitions for AQD (Air Quality
Division) and Health Officer are being
revised to include the updated title, Air
Quality Division of Polk County.
Definitions for EPA reference method
and Volatile Organic Compounds are
being updated to include recent CFR
amendment dates. Additional
definitions being added to Chapter V are
Hazardous air pollutant, and manually
operated equipment. These definitions
are consistent with the definitions in the
Iowa SIP.
Two revisions are being made to
Article VII, ‘‘Performance Test for Stack
Emission Test,’’ at 5–18(a)(2) and 5–
18(a)(3), to include recent CFR
amendment dates.
Revisions to Article X, ‘‘Permits,’’ and
Division 2, ‘‘Operating Permits,’’ are
being made to add the term of ‘‘cooling
units’’ to fuel-burning equipment for
indirect heating and reheating furnaces.
The paragraphs at 5–33(3) and 5–
39(b)(2) were deleted and replaced with
paragraphs that included residential
heaters, cook stoves, or fireplaces which
burn untreated wood, untreated seeds or
pellets, or other untreated vegetative
materials. Exemptions were added at 5–
33(19) and 5–39(a)(12) to add manuallyoperated equipment, as defined in
Article I, 5–2. Revisions made to Article
X are consistent with the Iowa SIP.
Have the requirements for approval of
a SIP revision been met?
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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 2005 update to the Polk
County Board of Health Rules and
Regulations, Chapter V, Air Pollution.
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These revisions 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 processing this action as a
direct final action because the revisions
make routine changes to the existing
rules that 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
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
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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 May 30, 2006.
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).)
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Federal Register / Vol. 71, No. 61 / Thursday, March 30, 2006 / Rules and Regulations
Dated: March 13, 2006.
James B. Gulliford,
Regional Administrator, Region 7.
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.
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 V’’ under the heading ‘‘Polk
County’’ to read as follows:
I
Chapter I, title 40 of the Code of
Federal Regulations is amended as
follows:
I
PART 52—[AMENDED]
§ 52.820
*
1. The authority citation for part 52
continues to read as follows:
I
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 V ..........................
*
*
*
*
*
Polk County Board of Health Rules
and Regulations Air Pollution
Chapter V.
*
[FR Doc. 06–3032 Filed 3–29–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2006–0122; FRL–8050–4]
Approval and Promulgation of
Implementation Plans; Iowa;
Prevention of Significant Deterioration
(PSD)
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
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AGENCY:
SUMMARY: EPA is making a revision to
the Code of Federal Regulations (CFR)
for the purpose of giving the Iowa
Department of Natural Resources (IDNR)
full regulatory responsibility for EPAissued Prevention of Significant
Deterioration (PSD) permits. IDNR
demonstrated state legislative authority
to take responsibility for the permits,
and demonstrated that resources are
available to accomplish full regulatory
responsibility.
DATES: This direct final rule will be
effective May 30, 2006, without further
notice, unless EPA receives adverse
comment by May 1, 2006. If adverse
comment is received, EPA will publish
a timely withdrawal of the direct final
VerDate Aug<31>2005
15:18 Mar 29, 2006
*
Polk County
Jkt 208001
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8/24/05
3/30/06 [insert
FR page
number
where the
document
begins]
rule in the Federal Register informing
the public that the rule will not take
effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2006–0122, by one of the
following methods:
1. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
2. E-mail: Hamilton.heather@epa.gov.
3. Mail: Heather Hamilton,
Environmental Protection Agency, Air
Planning and Development Branch, 901
North 5th Street, Kansas City, Kansas
66101.
4. 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
Docket ID No. EPA–R07–OAR–2006–
0122. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through https://
www.regulations.gov or e-mail
information that you consider to be CBI
or otherwise protected. The https://
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*
*
Article I, Section 5–2, definition of
‘‘variance’’; Article VI, Sections 5–
16(n), (o) and (p); Article VIII, Article IX, Sections 5–27(3) and (4);
Article XIII, and Article XVI, Section 5–75(b) are not a part of the
SIP.
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the
https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically in https://
E:\FR\FM\30MRR1.SGM
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]]>Agencies
[Federal Register Volume 71, Number 61 (Thursday, March 30, 2006)]
[Rules and Regulations]
[Pages 16048-16051]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-3032]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2005-0482; FRL-8050-2]
Approval and Promulgation of Implementation Plans; State of Iowa
AGENCY: Environmental Protection Agency (EPA).
[[Page 16049]]
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is announcing a revision to the State Implementation Plan
(SIP) submitted by the state of Iowa. The purpose of this revision is
to approve the 2005 update to the Polk County Board of Health Rules and
Regulations, Chapter V, Air Pollution. 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 May 30, 2006, without
further notice, unless EPA receives adverse comment by May 1, 2006. 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 Docket ID No. EPA-R07-
OAR-2005-0482, by one of the following methods:
1. https://www.regulations.gov. Follow the on-line instructions for
submitting comments.
2. E-mail: hamilton.heather@epa.gov.
3. 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 Docket ID No. EPA-R07-OAR-
2005-0482. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through https://
www.regulations.gov or e-mail information that you consider to be CBI
or otherwise protected. The https://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in https://
www.regulations.gov 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 a.m. to 4:30 p.m. 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.
[[Page 16050]]
What is being addressed in this document?
The Iowa Department of Natural Resources (IDNR) requested EPA
approval of the 2005 revisions to the Polk County Board of Health Rules
and Regulations, Chapter V, Air Pollution, as a revision to the Iowa
SIP. The changes were adopted by the Polk County Board of Health
Supervisors on August 16, 2005, and became effective August 24, 2005.
The definitions for AQD (Air Quality Division) and Health Officer
are being revised to include the updated title, Air Quality Division of
Polk County. Definitions for EPA reference method and Volatile Organic
Compounds are being updated to include recent CFR amendment dates.
Additional definitions being added to Chapter V are Hazardous air
pollutant, and manually operated equipment. These definitions are
consistent with the definitions in the Iowa SIP.
Two revisions are being made to Article VII, ``Performance Test for
Stack Emission Test,'' at 5-18(a)(2) and 5-18(a)(3), to include recent
CFR amendment dates.
Revisions to Article X, ``Permits,'' and Division 2, ``Operating
Permits,'' are being made to add the term of ``cooling units'' to fuel-
burning equipment for indirect heating and reheating furnaces. The
paragraphs at 5-33(3) and 5-39(b)(2) were deleted and replaced with
paragraphs that included residential heaters, cook stoves, or
fireplaces which burn untreated wood, untreated seeds or pellets, or
other untreated vegetative materials. Exemptions were added at 5-33(19)
and 5-39(a)(12) to add manually-operated equipment, as defined in
Article I, 5-2. Revisions made to Article X are consistent with the
Iowa SIP.
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 2005 update to the Polk County Board of Health
Rules and Regulations, Chapter V, Air Pollution. These revisions 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 processing this action as a direct final action because the
revisions make routine changes to the existing rules that 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 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 May 30, 2006. 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).)
[[Page 16051]]
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: March 13, 2006.
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 V'' under the heading ``Polk County'' to read
as follows:
Sec. 52.820 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Iowa Regulations
----------------------------------------------------------------------------------------------------------------
State effective EPA approval
Iowa citation Title date date Explanation
----------------------------------------------------------------------------------------------------------------
Iowa Department of Natural Resources, Environmental Protection Commission
[567]
* * * * * * *
Polk County
----------------------------------------------------------------------------------------------------------------
CHAPTER V..................... Polk County Board of 8/24/05 3/30/06 [insert Article I, Section 5-
Health Rules and FR page number 2, definition of
Regulations Air where the ``variance'';
Pollution Chapter V. document Article VI, Sections
begins] 5-16(n), (o) and
(p); Article VIII,
Article IX, Sections
5-27(3) and (4);
Article XIII, and
Article XVI, Section
5-75(b) are not a
part of the SIP.
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 06-3032 Filed 3-29-06; 8:45 am]
BILLING CODE 6560-50-P
