Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Rules and Regulations 63947

(Delete 292.212 and 292.213; renumber 

current 292.214 through 292.217 as new 

292.212 through 292.215.)

* * * * *

293 International Surface Air Lift 

(ISAL) Service

* * * * *

293.7 Postage

* * * * *

(Delete 293.75; renumber current 293.76 

as new 293.75.)

* * * * *

Neva R. Watson, 

Attorney, Legislative.

[FR Doc. 04–23997 Filed 11–2–04; 8:45 am] 

BILLING CODE 7710–12–P

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.

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 online instructions for submitting 

comments. 

3. E-mail: hamilton.heather@epa.gov.

4. Mail: Heather Hamilton, 

Environmental Protection Agency, Air 

Planning and Development Branch, 901 

North 5th Street, Kansas City, Kansas 

66101. 

5. Hand Delivery or Courier. Deliver 

your comments to Heather Hamilton, 

Environmental Protection Agency, Air 

Planning and Development Branch, 901 

North 5th Street, Kansas City, Kansas 

66101. 

Instructions: Direct your comments to 

RME ID No. R07–OAR–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 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. 

63948 Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Rules and Regulations 

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. 

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 

Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Rules and Regulations 63949

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.

■ Chapter I, title 40 of the 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 the table in paragraph (c) 

is amended by revising the entry for 567–

23.2 under Chapter 23 to read as follows:

§ 52.820 Identification of plan.

* * * * *

(c) * * *

EPA-APPROVED IOWA REGULATIONS

Iowa citation date Title State effective 

date EPA approval Explanation 

Iowa Department of Natural Resources, Environmental Protection Commission (567)

*******

Chapter 23—Emission Standards for Contaminants

*******

567–23.2 ............... Open Burning ....... 1/14/04 11/03/04 [insert FR page number where 

the document begins].

Subrule 23.2(3)g(2) was not submitted 

for approval. Variances from open 

burning rule 23.2(2) are subject to 

EPA approval. 

*******

63950 Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Rules and Regulations 

* * * * *

[FR Doc. 04–24532 Filed 11–2–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY

40 CFR Part 180

[OPP–2004–0215; FRL–7684–4]

Bacillus Pumilus Strain QST 2808; 

Exemption From the Requirement of a 

Tolerance

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of the Bacillus 

pumilus strain QST 2808 in or on food 

commodities when applied/used in 

accordance with label directions. 

AgraQuest, Inc submitted a petition to 

EPA under the Federal Food, Drug, and 

Cosmetic Act (FFDCA), as amended by 

the Food Quality Protection Act of 1996 

(FQPA), requesting an exemption from 

the requirement of a tolerance. 

Notification that EPA had received the 

petition was published on May 5, 2004 

(69 FR 25092) (FRL–7354–4). This 

regulation eliminates the need to 

establish a maximum permissible level 

for residues of Bacillus pumilus strain 

QST2808.

DATES: This regulation is effective 

November 3, 2004. Objections and 

requests for hearings must be received 

on or before January 3, 2005.

ADDRESSES: To submit a written 

objection or hearing request follow the 

detailed instructions as provided in 

Unit VIII. of the SUPPLEMENTARY

INFORMATION. EPA has established a 

docket for this action under docket 

identification (ID) number OPP–2004–

0215. All documents in the docket are 

listed in the EDOCKET index at http:/

/www.epa.gov/edocket. 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 EDOCKET or in hard 

copy at the Public Information and 

Records Integrity Branch (PIRIB), Rm. 

119, Crystal Mall #2, 1801 S. Bell St., 

Arlington, VA. This docket facility is 

open from 8:30 a.m. to 4 p.m., Monday 

through Friday, excluding legal 

holidays. The docket telephone number 

is (703) 305–5805.

FOR FURTHER INFORMATION CONTACT:

Barbara Mandula, Biopesticides and 

Pollution Prevention Division (7511C), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–7378; e-mail address: 

mandula.barbara@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to:

• Crop production/Agriculture 

(NAICS 111)

• Animal production (NAICS 112)

• Food manufacturing (NAICS 311)

• Pesticide manufacturing (NAICS 

32532)

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. To determine whether 

you or your business may be affected by 

this action, you should carefully 

examine the applicability provisions. If 

you have any questions regarding the 

applicability of this action to a 

particular entity, consult the person 

listed under FOR FURTHER INFORMATION

CONTACT.

B. How Can I Access Electronic Copies 

of this Document and Other Related 

Information?

In addition to using EDOCKET (http:/

/www.epa.gov/edocket/), you may 

access this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr/. A 

frequently updated electronic version of 

40 CFR part 180 is available at E-CFR 

Beta Site Two at http://

www.gpoaccess.gov/ecfr/.

II. Background and Statutory Findings

In the Federal Register of May 5, 2004 

(69 FR 25092) (FRL–7354–4), EPA 

issued a notice pursuant to section 

408(d)(3) of the FFDCA, 21 U.S.C. 

346a(d)(3), announcing the filing of a 

pesticide tolerance petition (PP 4F6926) 

by AgraQuest, Inc, 1530 Drew Avenue, 

Davis, CA 95616. This notice included 

a summary of the petition prepared by 

the petitioner AgraQuest, Inc. There 

were no comments received in response 

to the notice of filing.

The petition requested that 40 CFR 

part 180 be amended by establishing a 

permanent exemption from the 

requirement of a tolerance for residues 

of Bacillus pumilus strain QST 2808. 

EPA previously had granted the 

petitioner a temporary exemption from 

the requirement of a tolerance for 

residues of Bacillus pumilus strain QST 

2808, which was published on June 18, 

2003 (68 FR 36476)(FRL–7301–1). That 

temporary exemption is set to expire 

June 30, 2006.

Section 408(c)(2)(A)(i) of the FFDCA 

allows EPA to establish an exemption 

from the requirement for a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the exemption is ‘‘safe.’’

Section 408(c)(2)(A)(ii) of the FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and in 

residential settings, but does not include 

occupational exposure. Pursuant to 

section 408(c)(2)(B), in establishing or 

maintaining in effect an exemption from 

the requirement of a tolerance, EPA 

must take into account the factors set 

forth in section 408(b)(2)(C), which 

require EPA to give special 

consideration to exposure of infants and 

children to the pesticide chemical 

residue in establishing a tolerance and 

to ‘‘ensure that there is a reasonable 

certainty that no harm will result to 

infants and children from aggregate 

exposure to the pesticide chemical 

residue. . . .’’ Additionally, section 

408(b)(2)(D) of the FFDCA requires that 

the Agency consider ‘‘available 

information concerning the cumulative 

effects of a particular pesticide’s 

residues’’ and ‘‘other substances that 

have a common mechanism of toxicity.’’

EPA performs a number of analyses to 

determine the risks from aggregate 

exposure to pesticide residues. First, 

EPA determines the toxicity of 

pesticides. Second, EPA examines 

exposure to the pesticide through food, 

drinking water, and through other 

exposures that occur as a result of 

pesticide use in residential settings. 

III. Toxicological Profile

Consistent with section 408(b)(2)(D) 

of the FFDCA, EPA has reviewed the 

available scientific data and other