56942 Federal Register / Vol. 69, No. 184 / Thursday, September 23, 2004 / Rules and Regulations 

(d) Failure to respond. Where the 

Office of Foreign Assets Control receives 

no response to a prepenalty notice 

within the applicable time period set 

forth in paragraph (a) of this section, a 

penalty notice generally will be issued, 

taking into account the mitigating and/

or aggravating factors present in the 

record. If there are no mitigating factors 

present in the record, or the record 

contains a preponderance of aggravating 

factors, the proposed prepenalty amount 

generally will be assessed as the final 

penalty. 

(e) Informal settlement. In addition to 

or as an alternative to a written response 

to a prepenalty notice, the respondent or 

respondent’s representative may contact 

the Office of Foreign Assets Control as 

advised in the prepenalty notice to 

propose the settlement of allegations 

contained in the prepenalty notice and 

related matters. However, the 

requirements set forth in paragraph (f) of 

this section as to oral communication by 

the representative must first be fulfilled. 

In the event of settlement at the 

prepenalty stage, the claim proposed in 

the prepenalty notice will be 

withdrawn, the respondent will not be 

required to take a written position on 

allegations contained in the prepenalty 

notice, and the Office of Foreign Assets 

Control will make no final 

determination as to whether a violation 

occurred. The amount accepted in 

settlement of allegations in a prepenalty 

notice may vary from the civil penalty 

that might finally be imposed in the 

event of a formal determination of 

violation. In the event no settlement is 

reached, the time limit specified in 

paragraph (a) of this section for written 

response to the prepenalty notice will 

remain in effect unless additional time 

is granted by the Office of Foreign 

Assets Control. 

(f) Representation. A representative of 

the respondent may act on behalf of the 

respondent, but any oral 

communication with the Office of 

Foreign Assets Control prior to a written 

submission regarding the specific 

allegations contained in the prepenalty 

notice must be preceded by a written 

letter of representation, unless the 

prepenalty notice was served upon the 

respondent in care of the representative.

§ 592.604 Penalty imposition or 

withdrawal. 

(a) No violation. If, after considering 

any response to the prepenalty notice 

and any relevant facts, the Director of 

the Office of Foreign Assets Control 

determines that there was no violation 

by the respondent named in the 

prepenalty notice, the Director shall 

notify the respondent in writing of that 

determination and of the cancellation of 

the proposed monetary penalty.

(b) Violation. (1) If, after considering 

any written response to the prepenalty 

notice, or default in the submission of 

a written response, and any relevant 

facts, the Director of the Office of 

Foreign Assets Control determines that 

there was a violation by the respondent 

named in the prepenalty notice, the 

Director is authorized to issue a written 

penalty notice to the respondent of the 

determination of the violation and the 

imposition of the monetary penalty. 

(2) The penalty notice shall inform 

the respondent that payment or 

arrangement for installment payment of 

the assessed penalty must be made 

within 30 days of the date of mailing of 

the penalty notice by the Office of 

Foreign Assets Control. 

(3) The penalty notice shall inform 

the respondent of the requirement to 

furnish the respondent’s taxpayer 

identification number pursuant to 31 

U.S.C. 7701 and that such number will 

be used for purposes of collecting and 

reporting on any delinquent penalty 

amount. 

(4) The issuance of the penalty notice 

finding a violation and imposing a 

monetary penalty shall constitute final 

agency action. The respondent has the 

right to seek judicial review of that final 

agency action in federal district court.

§ 592.605 Administrative collection; 

referral to United States Department of 

Justice. 

In the event that the respondent does 

not pay the penalty imposed pursuant to 

this part or make payment arrangements 

acceptable to the Director of the Office 

of Foreign Assets Control within 30 

days of the date of mailing of the 

penalty notice, the matter may be 

referred for administrative collection 

measures by the Department of the 

Treasury or to the United States 

Department of Justice for appropriate 

action to recover the penalty in a civil 

suit in a federal district court.

Subpart G—Procedures

§ 592.701 Procedures.

For procedures relating to rulemaking 

and requests for documents pursuant to 

the Freedom of Information and Privacy 

Acts (5 U.S.C. 552 and 552a), see part 

501, subpart E, of this chapter.

§ 592.702 Delegation by the Secretary of 

the Treasury. 

Any action that the Secretary of the 

Treasury is authorized to take pursuant 

to Executive Order 13312 (FR vol. 68, 

No. 147, July 31, 2003) and any further 

Executive orders relating to the Clean 

Diamond Trade Act (Pub. L. 108–19) 

may be taken by the Director of the 

Office of Foreign Assets Control or by 

any other person to whom the Secretary 

of the Treasury has delegated authority 

so to act.

Subpart H—Paperwork Reduction Act

§ 592.801 Paperwork Reduction Act notice. 

For approval by the Office of 

Management and Budget (OMB) under 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3507) of the information 

collections relating to the recordkeeping 

and reporting requirements of 

§§ 592.301(a)(1), subpart C, § 592.501, 

subpart E, and 592.603, subpart F, see

§ 501.901 of this chapter. The 

information collection requirements in 

§§ 592.301(a)(3) and (a)(4), subpart C, 

have been approved by the OMB and 

assigned control numbers 1505–0198 

and 0607–0152, respectively. An agency 

may not conduct or sponsor, and a 

person is not required to respond to, a 

collection of information unless it 

displays a valid control number 

assigned by OMB.

Dated: August 20, 2004. 

R. Richard Newcomb, 

Director, Office of Foreign Assets Control.

Approved: September 2, 2004. 

Juan Zarate, 

Assistant Secretary (Terrorist Financing), 

Department of the Treasury.

[FR Doc. 04–21329 Filed 9–20–04; 10:11 am] 

BILLING CODE 4810–25–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[IA–191–1191; FRL–7812–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Iowa 

Update to Materials Incorporated by 

Reference

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule; notice of 

administrative change. 

SUMMARY: EPA is updating the materials 

submitted by Iowa that are incorporated 

by reference (IBR) into the state 

implementation plan (SIP). The 

regulations affected by this update have 

been previously submitted by the state 

agency and approved by EPA. This 

update affects the SIP materials that are 

available for public inspection at the 

Office of the Federal Register (OFR), 

Office of Air and Radiation Docket and 

Information Center, and the Regional 

Office.

Federal Register / Vol. 69, No. 184 / Thursday, September 23, 2004 / Rules and Regulations 56943

DATES: This action is effective 

September 23, 2004.

ADDRESSES: SIP materials which are 

incorporated by reference into 40 CFR 

part 52 are available for inspection at 

the following locations: Environmental 

Protection Agency, Region VII, 901 

North 5th Street, Kansas City, KS 66101; 

or at the EPA, Office of Air and 

Radiation Docket and Information 

Center, Room B–108, 1301 Constitution 

Avenue, NW., (Mail Code 6102T), 

Washington, DC 20460, or the National 

Archives and Records Administration 

(NARA). For information on the 

availability of this material at NARA, 

call 202–741–6030, or go to: http://

www.archives.gov/federal_register/

code_of_federal_regulations/

ibr_locations.html.

FOR FURTHER INFORMATION CONTACT:

Evelyn VanGoethem at (913) 551–7659, 

or by e-mail at 

vangoethem.evelyn@epa.gov.

SUPPLEMENTARY INFORMATION: The SIP is 

a living document which the State can 

revise as necessary to address the 

unique air pollution problems in the 

state. Therefore, EPA from time to time 

must take action on SIP revisions 

containing new and/or revised 

regulations as being part of the SIP. On 

May 22, 1997 (62 FR 27968), EPA 

revised the procedures for incorporating 

by reference Federally-approved SIPs, as 

a result of consultations between EPA 

and the Office of Federal Register (OFR). 

The description of the revised SIP 

document, IBR procedures and 

‘‘Identification of plan’’ format are 

discussed in further detail in the May 

22, 1997, Federal Register document. 

On February 12, 1999, EPA published 

a document in the Federal Register (64 

FR 7091) beginning the new IBR 

procedure for Iowa. In today’s document 

EPA is updating the IBR material. 

EPA is also making a minor correction 

to the table in § 52.820(c). On February 

2, 1998 (63 FR 5269), EPA updated 

regulations for Linn County Health 

Department. The table is being updated 

to include information in the 

‘‘Explanation’’ column that was 

inadvertently omitted. EPA is also 

making a minor correction to the table 

in § 52.820(d). On March 11, 1999 (64 

FR 12090), EPA approved an 

administrative consent order for IES 

Utilities. The title of the order, which 

was identified as ‘‘98–AQ–20’’, is 

corrected to read ‘‘97–AQ–20.’’

On November 22, 1999 (64 FR 63694), 

paragraph (b) of § 52.824 Original 

identification of plan section was 

updated instead of paragraph (b) of 

§ 52.820 Identification of plan section. 

We are correcting paragraph (b) of 

§ 52.824. 

EPA has determined that today’s rule 

falls under the ‘‘good cause’’ exemption 

in section 553(b)(3)(B) of the 

Administrative Procedures Act (APA) 

which, upon finding ‘‘good cause,’’

authorizes agencies to dispense with 

public participation and section 

553(d)(3) which allows an agency to 

make a rule effective immediately 

(thereby avoiding the 30-day delayed 

effective date otherwise provided for in 

the APA). Today’s rule simply codifies 

provisions which are already in effect as 

a matter of law in Federal and approved 

state programs. Under section 553 of the 

APA, an agency may find good cause 

where procedures are ‘‘impractical, 

unnecessary, or contrary to the public 

interest.’’ Public comment is 

‘‘unnecessary’’ and ‘‘contrary to the 

public interest’’ since the codification 

only reflects existing law. Immediate 

notice in the CFR benefits the public by 

updating citations.

Statutory and Executive Order Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

is therefore not subject to review by the 

Office of Management and Budget. This 

action is not subject to Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001) because it is not a significant 

regulatory action under Executive Order 

12866. Because the agency has made a 

good cause finding that this action is not 

subject to notice-and-comment 

requirements under the Administrative 

Procedure Act or any other statute as 

indicated in the SUPPLEMENTARY

INFORMATION section above, it is not 

subject to the regulatory flexibility 

provisions of the Regulatory Flexibility 

Act (5 U.S.C 601 et seq.), or to sections 

202 and 205 of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Pub. L. 

104–4). In addition, this action does not 

significantly or uniquely affect small 

governments or impose a significant 

intergovernmental mandate, as 

described in sections 203 and 204 of 

UMRA. 

This action also does 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), nor 

will it 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 also is not 

subject to Executive Order 13045 (62 FR 

19885, April 23, 1997), because it is not 

economically significant. This action 

does not involve technical standards; 

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. The action also 

does not involve special consideration 

of environmental justice related issues 

as required by Executive Order 12898 

(59 FR 7629, February 16, 1994). With 

this action, EPA has taken the necessary 

steps to eliminate drafting errors and 

ambiguity, minimize potential litigation, 

and provide a clear legal standard for 

affected conduct, as required by section 

3 of Executive Order 12988 (61 FR 4729, 

February 7, 1996). EPA has complied 

with Executive Order 12630 (53 FR 

8859, March 15, 1998) by examining the 

takings implications of this action in 

accordance with the ‘‘Attorney 

General’s Supplemental Guidelines for 

the Evaluation of Risk and Avoidance of 

Unanticipated Takings’’ issued under 

the executive order. This action does 

not impose an information collection 

burden under the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

EPA’s compliance with these statutes 

and Executive Orders for the underlying 

rules are discussed in previous actions 

taken on the State’s rules. 

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. Section 808 allows 

the issuing agency to make a rule 

effective sooner than otherwise 

provided by the Congressional Review 

Act if the agency makes a good cause 

finding that notice and public procedure 

is impracticable, unnecessary or 

contrary to the public interest. Today’s 

action simply codifies provisions which 

are already in effect as a matter of law 

in Federal and approved state programs 

(5 U.S.C. 808(2). As previously stated, 

EPA has made such a good cause 

finding, including the reasons therefore, 

and established an effective date of 

September 23, 2004. 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 

56944 Federal Register / Vol. 69, No. 184 / Thursday, September 23, 2004 / Rules and Regulations 

States prior to publication of the rule in 

the Federal Register. This action is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2).

EPA has also determined that the 

provisions of section 307(b)(1) of the 

CAA pertaining to petitions for judicial 

review are not applicable to this action. 

Prior EPA rulemaking actions for each 

individual component of the Iowa SIP 

compilation had previously afforded 

interested parties the opportunity to file 

a petition for judicial review in the 

United States Court of Appeals for the 

appropriate circuit within 60 days of 

such rulemaking action. Thus, EPA does 

not believe that this action reopens the 

60-day period for filing such petitions 

for judicial review for these 

‘‘Identification of plan’’ actions for 

Iowa.

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 31, 2004. 

William Rice, 

Acting Regional Administrator, Region 7.

■ Chapter I, title 40, Code of Federal 

Regulations, is amended as follows:

PART 52—[AMENDED]

■ 1. The authority citation for part 52 

continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart Q—Iowa

■ 2. In § 52.820 paragraphs (b), (c), (d) 

and (e) are revised to read as follows:

§ 52.820 Identification of plan.

* * * * *

(b) Incorporation by reference. 

(1) Material listed in paragraphs (c) 

and (d) of this section with an EPA 

approval date prior to August 10, 2004, 

was approved for incorporation by 

reference by the Director of the Federal 

Register in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. Material is 

incorporated as it exists on the date of 

the approval, and notice of any change 

in the material will be published in the 

Federal Register. Entries in paragraphs 

(c) and (d) of this section with EPA 

approval dates after August 10, 2004, 

will be incorporated by reference in the 

next update to the SIP compilation. 

(2) EPA Region VII certifies that the 

rules/regulations provided by EPA in 

the SIP compilation at the addresses in 

paragraph (b)(3) of this section are an 

exact duplicate of the officially 

promulgated state rules/regulations 

which have been approved as part of the 

SIP as of August 10, 2004. 

(3) Copies of the materials 

incorporated by reference may be 

inspected at the Environmental 

Protection Agency, Region VII, Air 

Planning and Development Branch, 901 

North 5th Street, Kansas City, Kansas 

66101; or at the EPA, Air and Radiation 

Docket and Information Center, Room 

B–108, 1301 Constitution Avenue, NW 

(Mail Code 6102T), Washington, DC 

20460; or the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/

federal_register/

code_of_federal_regulations/

ibr_locations.html.

(c) EPA-approved regulations.

EPA-APPROVED IOWA REGULATIONS

Iowa citation Title State effective date EPA approval date Explanation 

Iowa Department of Natural Resources Environmental Protection Commission [567]

Chapter 20—Scope of Title-Definitions-Forms-Rule of Practice

567–20.1 .................... Scope of Title ................................... 5/13/98 5/22/00, 65 FR 32031.

567–20.2 .................... Definitions ........................................ 7/21/99 3/4/02, 67 FR 9593 ............ The definitions for anaerobic lagoon, odor, odorous substance, 

and odorous substance, and 

source, are not SIP approved. 

567–20.3 .................... Air Quality Forms Generally ............ 4/24/02 3/7/03, 68 FR 10971.

Chapter 21—Compliance

567–21.1 .................... Compliance Schedule ...................... 3/14/90 6/29/90, 55 FR 26690.

567–21.2 .................... Variances ......................................... 7/21/99 3/04/02, 67 FR 9593.

567–21.3 .................... Emission Reduction Program .......... 3/14/90 6/29/90, 55 FR 26690.

567–21.4 .................... Circumvention of Rules ................... 3/14/90 6/29/90, 55 FR 26690.

567–21.5 .................... Evidence Used in Establishing That 

a Violation Has or Is Occurring.

11/16/94 10/30/95, 60 FR 55198.

Chapter 22—Controlling Pollution

567–22.1 .................... Permits Required for New or Existing Stationary Sources.7/17/02 3/7/03, 68 FR 10971 .......... Subrules 22.1(2), 22.1(2) ‘‘g,’’ 

22.1(2) ‘‘i’’ have a state effective 

date of 5/23/01. 

567–22.2 .................... Processing Permit Applications ....... 4/9/97 6/25/98, 63 FR 34600.

567–22.3 .................... Issuing Permits ................................ 4/24/02 3/7/03, 68 FR 10971 .......... Subrule 22.3(6) is not SIP approved. 

567–22.4 .................... Special Requirements for Major 

Stationary Sources Located in 

Areas Designated Attainment or 

Unclassified (PSD).

3/14/01 3/04/02, 67 FR 9593.

567–22.5 .................... Special Requirements for Nonattainment Areas.7/21/99 3/04/02, 67 FR 9593.

567–22.8 .................... Permit by Rule ................................. 7/21/99 3/04/02, 67 FR 9593.

Federal Register / Vol. 69, No. 184 / Thursday, September 23, 2004 / Rules and Regulations 56945

EPA-APPROVED IOWA REGULATIONS—Continued

Iowa citation Title State effective date EPA approval date Explanation 

567–22.105 ................ Title V Permit Applications .............. 11/16/94 10/30/95, 60 FR 55198 ...... Only subparagraph (2)i(5) is included in the SIP. 

567–22.200 ................ Definitions for Voluntary Operating 

Permits.

10/18/95 4/30/96, 61 FR 18958.

567–22.201 ................ Eligibility for Voluntary Operating 

Permits.

4/24/02 3/7/03, 68 FR 10971.

567–22.202 ................ Requirement to Have a Title V Permit.4/9/97 6/25/98, 63 FR 34601.

567–22.203 ................ Voluntary Operating Permit Applications.10/14/98 3/04/02, 67 FR 9593.

567–22.204 ................ Voluntary Operating Permit Fees .... 12/14/94 4/30/96, 61 FR 18958.

567–22.205 ................ Voluntary Operating Permit Processing Procedures.12/14/94 4/30/96, 61 FR 18958.

567–22.206 ................ Permit Content ................................. 10/18/95 4/30/96, 61 FR 18958.

567–22.207 ................ Relation to Construction Permits ..... 12/14/94 4/30/96, 61 FR 18958.

567–22.208 ................ Suspension, Termination, and Revocation of Voluntary Operating 

Permits.

12/14/94 4/30/96, 61 FR 18958.

567–22.300 ................ Operating Permit by Rule for Small 

Sources.

4/24/02 3/7/03, 68 FR 10971 .......... Subrule 22.300(7) ‘‘c’’ has a state 

effective date of 10/14/98. 

Chapter 23—Emission Standards for Contaminants

567–23.1 .................... Emission Standards ......................... 10/14/98 5/22/00, 65 FR 32031 ........ Subrules 23.1(2)–(5) are not SIP 

approved. 

567–23.2 .................... Open Burning ................................... 5/13/98 5/22/00, 65 FR 32031.

567–23.3 .................... Specific Contaminants ..................... 7/21/99 3/04/02, 67 FR 9593 .......... Subrule 23.3(2) has a state effective date of 5/13/98. Subrule 

23.3(3) ‘‘(d)’’ is not SIP approved. 

567–23.4 .................... Specific Processes .......................... 7/21/99 3/04/02, 67 FR 9593 .......... Subrule 23.4(10) is not SIP approved. 

Chapter 24—Excess Emissions

567–24.1 .................... Excess Emission Reporting ............. 5/13/98 5/22/00, 65 FR 32031.

567–24.2 .................... Maintenance and Repair Requirements.3/14/90 6/29/90, 55 FR 26690.

Chapter 25—Measurement of Emissions

567–25.1 .................... Testing and Sampling of New and 

Existing Equipment.

4/24/02 3/7/03, 68 FR 10971.

Chapter 26—Prevention of Air Pollution Emergency Episodes

567–26.1 .................... General ............................................ 3/14/90 6/29/90, 55 FR 26690.

567–26.2 .................... Episode Criteria ............................... 3/14/90 6/29/90, 55 FR 26690.

567–26.3 .................... Preplanned Abatement Strategies ... 3/14/90 6/29/90, 55 FR 26690.

567–26.4 .................... Actions During Episodes ................. 3/14/90 6/29/90, 55 FR 26690.

Chapter 27—Certificate of Acceptance

567–27.1 .................... General ............................................ 3/14/90 6/29/90, 55 FR 26690.

567–27.2 .................... Certificate of Acceptance ................. 3/14/90 6/29/90, 55 FR 26690.

567–27.3 .................... Ordinance or Regulations ................ 3/14/90 6/29/90, 55 FR 26690.

567–27.4 .................... Administrative Organization ............. 3/14/90 6/29/90, 55 FR 26690.

567–27.5 .................... Program Activities ............................ 3/14/90 6/29/90, 55 FR 26690.

Chapter 28—Ambient Air Quality Standards

567–28.1 .................... Statewide Standards ........................ 3/14/90 6/29/90, 55 FR 26690.

Chapter 29—Qualification in Visual Determination of the Opacity of Emissions

567–29.1 .................... Methodology and Qualified Observer.5/13/98 5/22/00, 65 FR 32031.

Chapter 31—Nonattainment Areas

567–31.1 .................... Permit Requirements Relating to 

Nonattainment Areas.

2/22/95 10/23/97, 62 FR 55172.

56946 Federal Register / Vol. 69, No. 184 / Thursday, September 23, 2004 / Rules and Regulations 

EPA-APPROVED IOWA REGULATIONS—Continued

Iowa citation Title State effective date EPA approval date Explanation 

567–31.2 .................... Conformity of General Federal Actions to the Iowa SIP or Federal 

Implementation Plan.

5/13/98 5/22/00, 65 FR 32031.

Linn County

Chapter 10 ................. Linn County Code of Ordinance 

Providing for Air Quality Chapter 

10.

3/7/97 2/2/98, 63 FR 5268 ............ The following sections are not EPAapproved: 10.2, definition of federally enforceable; 10.4(1), 

10.9(2), 10.9(3), 10.9(4), 10.11, 

and 10.15. 

Polk County

Chapter V ................... Polk County Board of Health Rules 

and Regulations Air Pollution 

Chapter V.

4/15/98, 10/

4/00

1/9/04, 69 FR 1538 ............ 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. 

(d) EPA-approved State sourcespecific orders/permits.

EPA-APPROVED IOWA SOURCE-SPECIFIC ORDERS/PERMITS

Name of source Order/permit No. 

State

effective 

date 

EPA approval date Explanation 

(1) Archer-Daniels Midland Company.90–AQ–10 ................................. 3/25/91 11/1/91, 56 FR 56158. 

(2) Interstate Power Company .... 89–AQ–04 ................................. 2/21/90 11/1/91, 56 FR 56158. 

(3) Grain Processing Corporation 74–A–015–S .............................. 9/18/95 12/1/97, 62 FR 63454. 

(4) Grain Processing Corporation 79–A–194–S .............................. 9/18/95 12/1/97, 62 FR 63454. 

(5) Grain Processing Corporation 79–A–195–S .............................. 9/18/95 12/1/97, 62 FR 63454. 

(6) Grain Processing Corporation 95–A–374 .................................. 9/18/95 12/1/97, 62 FR 63454. 

(7) Muscatine Power and Water 74–A–175–S .............................. 9/14/95 12/1/97, 62 FR 63454. 

(8) Muscatine Power and Water 95–A–373 .................................. 9/14/95 12/1/97, 62 FR 63454. 

(9) Monsanto Corporation ........... 76–A–161S3 .............................. 7/18/96 12/1/97, 62 FR 63454. 

(10) Monsanto Corporation ......... 76–A–265S3 .............................. 7/18/96 12/1/97, 62 FR 63454. 

(11) IES Utilities, Inc ................... 97–AQ–20 ................................. 11/20/98 3/11/99, 64 FR 12090 .... SO2 Control Plan for Cedar 

Rapids. 

(12) Archer-Daniels-Midland Corporation.SO2 Emissions Control Plan ..... 9/14/98 3/11/99, 64 FR 12090 .... ADM Corn Processing SO2

Control Plan for Cedar Rapids. 

(13) Linwood Mining and Minerals Corporation.98–AQ–07 ................................. 3/13/98 3/18/99, 64 FR 13346 .... PM10 control plan for Buffalo. 

(14) Lafarge Corporation ............ 98–AQ–08 ................................. 3/13/98 3/18/99, 64 FR 13346 .... PM10 control plan for Buffalo. 

(15) Holnam, Inc. ........................ A.C.O. 1999–AQ–31 ................. 9/2/99 11/06/02, 67 FR 67565 .. For a list of the 47 permits 

issued for individual emission 

points see IDNR letters to 

Holnam, Inc., dated 7/24/01. 

(16) Holnam, Inc. ........................ Consent Amendment to A.C.O. 

1999–AQ–31.

5/16/01 11/06/02, 67 FR 67565 .. For a list of the 47 permits 

issued for individual emission 

points see IDNR letters to 

Holnam, Inc., dated 7/24/01. 

(17) Holnam, Inc. ........................ Permits for 17–01–009, Project 

Nos. 99–511 and 00–468.

7/24/01 11/06/02, 67 FR 67565 .. For a list of the 47 permits 

issued for individual emission 

points see IDNR letters to 

Holnam, Inc., dated 7/24/01. 

(18) Lehigh Portland Cement 

Company.

A.C.O. 1999–AQ–32 ................. 9/2/99 11/06/02, 67 FR 67565 .. For a list of the 41 permits 

issued for individual emission 

points see IDNR letters to Lehigh dated 7/24/01 and 2/18/

02. 

Federal Register / Vol. 69, No. 184 / Thursday, September 23, 2004 / Rules and Regulations 56947

EPA-APPROVED IOWA SOURCE-SPECIFIC ORDERS/PERMITS—Continued

Name of source Order/permit No. 

State

effective 

date 

EPA approval date Explanation 

(19) Lehigh Portland Cement 

Company.

Permits for plant No. 17–01–

005, Project Nos. 99–631 and 

02–037.

2/18/02 11/06/02, 67 FR 67565 .. For a list of the 41 permits 

issued for individual emission 

points see IDNR letters to Lehigh dated 7/24/01 and 2/18/

02. 

(20) Blackhawk Foundry and Machine Company.A.C.O. 03–AQ–51 ..................... 12/4/2003 6/10/04, 69 FR 32456 .... Together with the permits listed 

below this order comprises 

the PM10 control strategy for 

Davenport, Iowa. 

(21) Blackhawk Foundry and Machine Company.Permit No. 02–A–116 (Cold Box 

Core Machine).

8/19/02 6/10/04, 69 FR 32456 .... Provisions of the permit that relate to pollutants other than 

PM10 are not approved by 

EPA as part of this SIP. 

(22) Blackhawk Foundry and Machine Company.Permit No. 02–A–290 

(Wheelabrator #2 and Casting 

Sorting).

8/19/02 6/10/04, 69 FR 32456 .... Provisions of the permit that relate to pollutants other than 

PM10 are not approved by 

EPA as part of this SIP. 

(23) Blackhawk Foundry and Machine Company.Permit No. 02–A–291 (Mold 

Sand Silo).

8/19/02 6/10/04, 69 FR 32456 .... Provisions of the permit that relate to pollutants other than 

PM10 are not approved by 

EPA as part of this SIP. 

(24) Blackhawk Foundry and Machine Company.Permit No. 02–A–292 (Bond 

Storage).

8/19/02 6/10/04, 69 FR 32456 .... Provisions of the permit that relate to pollutants other than 

PM10 are not approved by 

EPA as part of this SIP. 

(25) Blackhawk Foundry and Machine Company.Permit No. 02–A–293 (Induction 

Furnace and Aluminum Sweat 

Furnace).

8/19/02 6/10/04, 69 FR 32456 .... Provisions of the permit that relate to pollutants other than 

PM10 are not approved by 

EPA as part of this SIP. 

(26) Blackhawk Foundry and Machine Company.Permit No. 77–A–114–S1 

(Wheelabrator #1 & Grinding).

8/19/02 6/10/04, 69 FR 32456 .... Provisions of the permit that relate to pollutants other than 

PM10 are not approved by 

EPA as part of this SIP. 

(27) Blackhawk Foundry and Machine Company.Permit No. 84–A–055–S1 (Cupola ladle, Pour deck ladle, 

Sand shakeout, Muller, Return sand #1, Sand cooler, 

Sand screen, and Return 

sand #2).

8/19/02 6/10/04, 69 FR 32456 .... Provisions of the permit that relate to pollutants other than 

PM10 are not approved by 

EPA as part of this SIP. 

(28) Blackhawk Foundry and Machine Company.Permit No. 72–A–060–S5 (Cupola).8/19/02 6/10/04, 69 FR 32457 .... Provisions of the permit that relate to pollutants other than 

PM10 are not approved by 

EPA as part of this SIP. 

(e) The EPA approved nonregulatory 

provisions and quasi-regulatory 

measures.

EPA-APPROVED IOWA NONREGULATORY PROVISIONS

Name of nonregulatory SIP 

provision 

Applicable geographic or 

nonattainment area State submittal date EPA approval date Explanation 

(1) Air Pollution Control Implementation Plan.Statewide ............................ 1/27/72 ...................... 5/31/72, 37 FR 10842.

(2) Request for a Two Year 

Extension to Meet the 

NAAQS.

Council Bluffs ...................... 1/27/72 ...................... 5/31/72, 37 FR 10842 ......... Correction notice published 

3/2/76. 

(3) Revisions to Appendices 

D and G.

Statewide ............................ 2/2/72 ........................ 5/31/72, 37 FR 10842 ......... Correction notice published 

3/2/76. 

(4) Source Surveillance and 

Record Maintenance 

Statements.

Statewide ............................ 4/14/72 ...................... 3/2/76, 41 FR 8960.

(5) Statement Regarding 

Public Availability of Emissions Data.

Statewide ............................ 5/2/72 ........................ 3/2/76, 41 FR 8960.

56948 Federal Register / Vol. 69, No. 184 / Thursday, September 23, 2004 / Rules and Regulations 

EPA-APPROVED IOWA NONREGULATORY PROVISIONS—Continued

Name of nonregulatory SIP 

provision 

Applicable geographic or 

nonattainment area State submittal date EPA approval date Explanation 

(7) Letter Describing the 

Certificates of Acceptance 

for Local, Air Pollution 

Control Programs.

Linn County, Polk County ... 12/14/72 .................... 10/1/76, 41 FR 43407.

(8) High Air Pollution Episode Contingency Plan.Statewide ............................ 6/20/73 ...................... 10/1/76, 41 FR 43407.

(9) Summary of Public Hearing on Revised Rules 

Which Were Submitted on 

July 17, 1975.

Statewide ............................ 9/3/75 ........................ 10/1/76, 41 FR 43407.

(10) Air Quality Modeling to 

Support Sulfur Dioxide 

Emission Standards.

Statewide ............................ 3/4/77 ........................ 6/1/77, 42 FR 27892.

(11) Nonattainment Plans .... Mason City, Davenport, 

Cedar Rapids, Des 

Moines.

6/22/79 ...................... 3/6/80, 45 FR 14561.

(12) Information on VOC 

Sources to Support the 

Nonattainment Plan.

Linn County ......................... 10/8/79 ...................... 3/6/80, 45 FR 14561.

(13) Information and Commitments Pertaining to Legally Enforceable RACT 

Rules to Support the Nonattainment Plan.

Linn County ......................... 11/16/79 .................... 3/6/80, 45 FR 14561.

(14) Lead Plan ..................... Statewide ............................ 8/19/80 ...................... 3/20/81, 46 FR 17778.

(15) Letter to Support the 

Lead Plan.

Statewide ............................ 1/19/81 ...................... 3/20/81, 46 FR 17778.

(16) Nonattainment Plans to 

Attain Secondary Standards.

Mason City, Cedar Rapids, 

Des Moines, Davenport, 

Keokuk, Council Bluffs, 

Fort Dodge, Sioux City, 

Clinton, Marshalltown, 

Muscatine, Waterloo.

4/18/80 ...................... 4/17/81, 46 FR 22372.

(17) Information to Support 

the Particulate Matter 

Nonattainment Plan.

Mason City, Cedar Rapids, 

Des Moines, Davenport, 

Keokuk, Council Bluffs, 

Fort Dodge, Sioux City, 

Clinton, Marshalltown, 

Muscatine, Waterloo.

9/16/80 ...................... 4/17/81, 46 FR 22372.

(18) Information to Support 

the Particulate Matter 

Nonattainment Plan.

Mason City, Cedar Rapids, 

Des Moines, Davenport, 

Keokuk, Council Bluffs, 

Fort Dodge, Sioux City, 

Clinton, Marshalltown, 

Muscatine, Waterloo.

11/17/80 .................... 4/17/81, 46 FR 22372.

(19) Schedule for Studying 

Nontraditional Sources of 

Particulate Matter and for 

Implementing the Results.

Mason City, Cedar Rapids, 

Des Moines, Davenport, 

Keokuk, Council Bluffs, 

Fort Dodge, Sioux City, 

Clinton, Marshalltown, 

Muscatine, Waterloo.

6/26/81 ...................... 3/5/82, 47 FR 9462.

(20) Air Monitoring Strategy Statewide ............................ 7/15/81 ...................... 4/12/82, 47 FR 15583.

(21) Letter of Commitment 

to Revise Unapprovable 

Portions of Chapter 22.

Statewide ............................ 5/14/85 ...................... 9/12/85, 50 FR 37176.

(22) Letter of Commitment 

to Submit Stack Height 

Regulations and to Implement the EPA’s Regulations until the State’s 

Rules Are Approved.

Statewide ............................ 4/22/86 ...................... 7/11/86, 51 FR 25199.

(23) Letter of Commitment 

to Implement the Stack 

Height Regulations in a 

Manner Consistent with 

the EPA’s Stack Height 

Regulations with Respect 

to NSR/PSD Regulations.

Statewide ............................ 4/22/87 ...................... 6/26/87, 52 FR 23981.

(24) PM10 SIP ...................... Statewide ............................ 10/28/88 .................... 8/15/89, 54 FR 33536.

Federal Register / Vol. 69, No. 184 / Thursday, September 23, 2004 / Rules and Regulations 56949

EPA-APPROVED IOWA NONREGULATORY PROVISIONS—Continued

Name of nonregulatory SIP 

provision 

Applicable geographic or 

nonattainment area State submittal date EPA approval date Explanation 

(25) Letter Pertaining to 

NOX Rules and Analysis 

Which Certifies the Material Was Adopted by the 

State on October 17, 

1990.

Statewide ............................ 11/8/90 ...................... 2/13/91, 56 FR 5757.

(26) SO2 Plan ...................... Clinton ................................. 3/13/91 ...................... 11/1/91, 56 FR 56158.

(27) Letter Withdrawing 

Variance Provisions.

Polk County ........................ 10/23/91 .................... 11/29/91, 56 FR 60924 ....... Correction notice published 

1/26/93. 

(28) Letter Concerning Open 

Burning Exemptions.

Statewide ............................ 10/3/91 ...................... 1/22/92, 57 FR 2472.

(29) Compliance Sampling 

Manual.

Statewide ............................ 1/5/93 ........................ 5/12/93, 58 FR 27939.

(30) Small Business Assistance Plan.Statewide ............................ 12/22/92 .................... 9/27/93, 58 FR 50266.

(31) Voluntary Operating 

Permit Program.

Statewide ............................ 12/8/94, 2/16/96, 2/

27/96.

4/30/96, 61 FR 18958.

(32) SO2 Plan ...................... Muscatine ............................ 6/19/96, 5/21/97 ........ 12/1/97, 62 FR 63454.

(33) SO2 Maintenance Plan Muscatine ............................ 4/25/97 ...................... 3/19/98, 63 FR 13343.

(34) SO2 Control Plan ......... Cedar Rapids ...................... 9/11/98 ...................... 3/11/99, 64 FR 12090.

(35) PM10 Control Plan ........ Buffalo, Iowa ....................... 10/1/98 ...................... 3/18/99, 64 FR 13346.

■ 3. Section 52.824 is amended by 

revising paragraph (b) to read as follows:

§ 52.824 Original identification of plan 

section.

* * * * *

(b) The plan was officially submitted 

on January 27, 1972.

* * * * *

[FR Doc. 04–21386 Filed 9–22–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[FRL–7817–6] 

National Priorities List for Uncontrolled 

Hazardous Waste Sites

AGENCY: Environmental Protection 

Agency.

ACTION: Final rule.

SUMMARY: The Comprehensive 

Environmental Response, 

Compensation, and Liability Act of 1980 

(‘‘CERCLA’’ or ‘‘the Act’’), as amended, 

requires that the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (‘‘NCP’’) include a list 

of national priorities among the known 

releases or threatened releases of 

hazardous substances, pollutants, or 

contaminants throughout the United 

States. The National Priorities List 

(‘‘NPL’’) constitutes this list. The NPL is 

intended primarily to guide the 

Environmental Protection Agency 

(‘‘EPA’’ or ‘‘the Agency’’) in determining 

which sites warrant further 

investigation. These further 

investigations will allow EPA to assess 

the nature and extent of public health 

and environmental risks associated with 

the site and to determine what CERCLAfinanced remedial action(s), if any, may 

be appropriate. This rule adds two new 

sites to the NPL; both to the General 

Superfund Section of the NPL.

DATES: Effective Date: The effective date 

for this amendment to the NCP shall be 

October 25, 2004.

ADDRESSES: For addresses for the 

Headquarters and Regional dockets, as 

well as further details on what these 

dockets contain, see section II, 

‘‘Availability of Information to the 

Public’’ in the SUPPLEMENTARY

INFORMATION portion of this preamble.

FOR FURTHER INFORMATION CONTACT:

Yolanda Singer, phone (703) 603–8835, 

State, Tribal and Site Identification 

Branch; Assessment and Remediation 

Division; Office of Superfund 

Remediation and Technology 

Innovation (mail code 5204G); U.S. 

Environmental Protection Agency; 1200 

Pennsylvania Avenue, NW; Washington, 

DC 20460; or the Superfund Hotline, 

phone (800) 424–9346 or (703) 412–

9810 in the Washington, DC, 

metropolitan area.

SUPPLEMENTARY INFORMATION:

Table of Contents 

I. Background 

A. What Are CERCLA and SARA? 

B. What Is the NCP? 

C. What Is the National Priorities List 

(NPL)? 

D. How Are Sites Listed on the NPL? 

E. What Happens to Sites on the NPL? 

F. Does the NPL Define the Boundaries of 

Sites? 

G. How Are Sites Removed From the NPL? 

H. May EPA Delete Portions of Sites From 

the NPL as They Are Cleaned Up? 

I. What Is the Construction Completion List 

(CCL)? 

II. Availability of Information to the Public 

A. May I Review the Documents Relevant 

to This Final Rule? 

B. What Documents Are Available for 

Review at the Headquarters Docket? 

C. What Documents Are Available for 

Review at the Regional Dockets? 

D. How Do I Access the Documents? 

E. How May I Obtain a Current List of NPL 

Sites? 

III. Contents of This Final Rule 

A. Additions to the NPL 

B. Status of NPL 

C. What Did EPA Do With the Public 

Comments It Received? 

IV. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

1. What Is Executive Order 12866? 

2. Is This Final Rule Subject to Executive 

Order 12866 Review? 

B. Paperwork Reduction Act 

1. What Is the Paperwork Reduction Act? 

2. Does the Paperwork Reduction Act 

Apply to This Final Rule? 

C. Regulatory Flexibility Act 

1. What Is the Regulatory Flexibility Act? 

2. How Has EPA Complied With the 

Regulatory Flexibility Act? 

D. Unfunded Mandates Reform Act 

1. What Is the Unfunded Mandates Reform 

Act (UMRA)? 

2. Does UMRA Apply to This Final Rule? 

E. Executive Order 13132: Federalism 

1. What Is Executive Order 13132 and Is It 

Applicable to This Final Rule? 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

1. What Is Executive Order 13175?