[Federal Register Volume 69, Number 212 (Wednesday, November 3, 2004)]
[Rules and Regulations]
[Pages 63947-63950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24532]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R07-OAR-2004-IA-0004; FRL-7833-7]


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 announcing it is approving a revision to the Iowa State 
Implementation Plan (SIP) for the purpose of revising open burning 
rules. This revision includes a provision that allows the Iowa 
Department of Natural Resources (IDNR) to require the submittal of 
additional information when a variance from open burning rules is 
requested, reemphasizes the state's obligation to protect the National 
Ambient Air Quality Standards (NAAQS) with regard to open burning, 
clarifies National Emissions Standards for Hazardous Air Pollutants 
(NESHAP) guidance for disaster rubbish, updates guidance for training 
fires, and provides clarification to the existing open burning rules 
covering agricultural structures.

DATES: This direct final rule will be effective January 3, 2005, 
without further notice, unless EPA receives adverse comment by December 
3, 2004. 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-2004-IA-0004, 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: [email protected].
    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-2004-IA-
0004. EPA's policy is that all comments received will be included in 
the public 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 [email protected].

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.

[[Page 63948]]

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?

    EPA is approving a revision to the SIP for the State of Iowa for 
the purpose of revising open burning rules. This revision includes a 
provision that allows IDNR to require the submittal of additional 
information when a variance from open burning rules is requested, 
reemphasizes the state's obligation to protect the NAAQS with regard to 
open burning, clarifies NESHAP guidance for disaster rubbish, and 
updates guidance for training fires.
    It should be noted that Iowa Administrative Code (IAC) 567-23.2(3), 
paragraph ``g'' subparagraph (2) was not submitted for approval due to 
concerns raised by EPA with respect to protection of the NAAQS for 
particulate matter and carbon monoxide.
    Information with regard to variances is identified in the Iowa SIP; 
however, the state of Iowa found it necessary to add a provision that 
clarifies that IDNR may require additional information when a variance 
from the open burning rules is requested. This rulemaking will add the 
language that states the submittal of adequate documentation to IDNR 
may be required to allow the director to assess whether granting the 
variance will hinder attainment, or maintenance of the NAAQS (IAC 567-
23.2(2)). EPA notes that this variance provision is not a mechanism to 
amend the Federally-approved SIP and that any variance must be approved 
by EPA in order to change the underlying SIP requirement for any 
source.
    IAC 567-23.2(3)a, adds clarification for open burning of disaster 
rubbish and adds the reference for the standards for demolition and 
renovation in accordance with the asbestos (NESHAP).
    This revision will rescind the paragraph pertaining to training 
fires and will add a revised paragraph that updates the definition (IAC 
567-23.2(3)g(1)). The new definition indicates that a training fire is 
set for the purpose of conducting bona fide training of public or 
industrial employees in fire fighting methods. The revision requires 
that the following conditions be met: The training fire is conducted on 
a building that is structurally intact; the fire does not include the 
controlled burning of a demolished building; proper notification must 
be completed and delivered at least ten working days before action 
commences; notification must be made in accordance with the asbestos 
NESHAP; asbestos-containing materials shall be removed prior to the 
training fire; proper notification and testing of asphalt roofing 
materials is required, and rubber tires are not to be burned during a 
training fire.
    Finally, this rulemaking will revise the open burning rules 
pertaining to agricultural structures by adding the condition that 
burning is to be conducted in accordance with the NESHAP for the 
standard for demolition and renovation. This revision is found in IAC 
23.2(3)i. For the purposes of NESHAP, the definition of agricultural 
structures excludes a single residential structure on the premises 
having four or fewer dwelling units, which have been used only for 
residential purposes.
    The revision will make the Iowa SIP consistent with 40 CFR Part 52.

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 revising the SIP for the State of Iowa for the purpose of 
revising open burning rules. This revision which was adopted November 
17, 2003, and became effective January 14, 2004, includes a provision 
that clarifies that IDNR may require additional information when a 
variance from open burning rules is requested, reemphasizes the state's 
obligation to protect the NAAQS with regard to open burning, clarifies 
NESHAP guidance for disaster rubbish, updates guidance for training 
fires, and provides clarification to the existing open burning rules 
covering agricultural structures. We are processing this action as a 
direct final action because the revisions make 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

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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 January 3, 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: October 26, 2004.
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 567-23.2 under Chapter 23 to read as follows:


Sec.  52.820  Identification of plan.

* * * * *
    (c) * * *

                                                              EPA-Approved Iowa Regulations
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                                                               State
     Iowa citation date                 Title             effective date                       EPA approval                            Explanation
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                                     Iowa Department of Natural Resources, Environmental Protection Commission (567)
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                                                                      * * * * * * *
                                                     Chapter 23--Emission Standards for Contaminants
 
                                                                      * * * * * * *
567-23.2...................  Open Burning...............         1/14/04  11/03/04 [insert FR page number where the document     Subrule 23.2(3)g(2) was
                                                                           begins].                                               not submitted for
                                                                                                                                  approval. Variances
                                                                                                                                  from open burning rule
                                                                                                                                  23.2(2) are subject to
                                                                                                                                  EPA approval.
 
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[FR Doc. 04-24532 Filed 11-2-04; 8:45 am]
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