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 Environmental Protection Agency 40 CFR Part 52
[R07-OAR-2004-IA-0004; FRL-7833-7]
 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 on-line instructions for submitting comments. 3. 
                        *E-mail: hamilton.heather@epa.gov.* 4. 
                        *Mail:*
                         Heather Hamilton, Environmental Protection Agency, Air Planning and Development Branch, 901 North 5th Street, Kansas City, Kansas 66101. 5. 
                        *Hand Delivery or Courier.*
                         Deliver your comments to Heather Hamilton, Environmental Protection Agency, Air Planning and Development Branch, 901 North 5th Street, Kansas City, Kansas 66101. *Instructions:*
                         Direct your comments to RME ID No. R07-OAR-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.
                    ( print 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 
                    ( print page 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
  
 (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.*         *         *         *         *         *         *


[FR Doc. 04-24532 Filed 11-2-04; 8:45 am] BILLING CODE 6560-50-P