34600 Federal Register / Vol. 63, No. 122 /Thursday, June 25, 1998 /Rules and Regulations

PART 232—CONDUCT ON POSTAL

PROPERTY

1. The authority citation for part 232

is revised to read as follows:

Authority: 18 U.S.C. 13, 3061; 21 U.S.C.

802, 844; 39 U.S.C. 401, 403(b)(3), 404(a)(7);

40 U.S.C. 318, 318a, 318b, 318c; Pub. L. 104–

208, 110 Stat. 1060.

2. Section 232.1(b) is amended by

revising the phrase ‘‘section 115 of the

Domestic Mail Manual’’ to read ‘‘section

274 of the Administrative Support

Manual.’’

3. Section 232.1 is amended by

revising the heading of paragraph (g)

and designating its existing text as

(g)(1), revising the first sentence of

paragraph (g)(1), and adding paragraph

(g)(2) to read as follows:

§ 232.1 Conduct on postal property.

* * * * *

(g) Alcoholic beverages, drugs, and

smoking.

(1) A person under the influence of an

alcoholic beverage or any drug that has

been defined as a ‘‘controlled

substance’’ may not enter postal

property or operate a motor vehicle on

postal property. * * *

(2) Smoking (defined as having a

lighted cigar, cigarette, pipe, or other

smoking material) is prohibited in all

postal buildings and office space,

including public lobbies.

* * * * *

4. Section 232.1(h)(1) introductory

text is revised to read as follows:

(h) * * *

(1) Soliciting alms and contributions,

campaigning for election to any public

office, collecting private debts, soliciting

and vending for commercial purposes

(including, but not limited to, the

vending of newspapers and other

publications), displaying or distributing

commercial advertising, soliciting

signatures on petitions, polls, or surveys

(except as otherwise authorized by

Postal Service regulations), and

impeding ingress to or egress from post

offices are prohibited. These

prohibitions do not apply to:

* * * * *

5. Section 232.1(h)(1)(i) is amended

by adding the phrase ‘‘or nonprofit’’

after the word ‘‘Commercial.’’

6. Section 232.1(h)(3), (4), and (5) are

added to read as follows:

(h) * * *

(3) Leafleting, distributing literature,

picketing, and demonstrating by

members of the public are prohibited in

lobbies and other interior areas of postal

buildings open to the public. Public

assembly and public address, except

when conducted or sponsored by the

Postal Service, are also prohibited in

lobbies and other interior areas of postal

building open to the public.

(4) Voter registration. Voter

registration may be conducted on postal

premises only with the approval of the

postmaster or installation head provided

that all of the following conditions are

met:

(i) The registration must be conducted

by government agencies or nonprofit

civic leagues or organizations that

operate for the promotion of social

welfare but do not participate or

intervene in any political campaign on

behalf of any candidate or political

party for any public office.

(ii) Absolutely no partisan or political

literature may be available, displayed,

or distributed. This includes

photographs, cartoons, and other

likenesses of elected officials and

candidates for public office.

(iii) The registration is permitted only

in those areas of the postal premises

regularly open to the public.

(iv) The registration must not interfere

with the conduct of postal business,

postal customers, or postal operations.

(v) The organization conducting the

voter registration must provide and be

responsible for any equipment and

supplies.

(vi) Contributions may not be

solicited.

(vii) Access to the workroom floor is

prohibited.

(viii) The registration activities are

limited to an appropriate period before

an election.

(5) Except as part of postal activities

or activities associated with those

permitted under paragraph (h)(4) of this

section, no tables, chairs, freestanding

signs or posters, structures, or furniture

of any type may be placed in postal

lobbies or on postal walkways, steps,

plazas, lawns or landscaped areas,

driveways, parking lots, or other

exterior spaces.

* * * * *

7. Section 232.1(j) is revised to read

as follows:

(j) Dogs and other animals. Dogs and

other animals, except those used to

assist persons with disabilities, must not

be brought upon postal property for

other than official purposes.

* * * * *

8. Section 232.1(l) is revised to read

as follows:

(l) Weapons and explosives. No

person while on postal property may

carry firearms, other dangerous or

deadly weapons, or explosives, either

openly or concealed, or store the same

on postal property, except for official

purposes.

* * * * *

9. Section 232.1(q)(3) is revised to

read as follows:

(q) * * *

(3) Postal Inspectors, Office of

Inspector General Criminal

Investigators, and other persons

designated by the Chief Postal Inspector

may likewise enforce regulations in this

section.

Stanley F. Mires,

Chief Counsel, Legislative.

[FR Doc. 98–16971 Filed 6–24–98; 8:45 am]

BILLING CODE 7710–12–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[IA 048–1048a; FRL–6113–1]

Approval and Promulgation of

Implementation Plans and Approval

Under Section 112(l); State of Iowa

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The EPA is approving

revisions to the Iowa State

Implementation Plan (SIP) submitted by

the state of Iowa. This approval

incorporates Iowa rule revisions which

are necessary to meet the requirements

of the Clean Air Act (CAA) and the Code

of Federal Regulations (CFR). These

revisions improve the state’s permitting

programs and strengthen the SIP with

respect to attainment and maintenance

of established air quality standards, and

with respect to control of hazardous air

pollutants (HAP).

DATES: This direct final rule is effective

on August 24, 1998 without further

notice, unless the EPA receives adverse

comment by July 27, 1998. If adverse

comment is received, the EPA will

publish a timely withdrawal of the

direct final rule in the Federal Register

and inform the public that the rule did

not take effect.

ADDRESSES: Comments may be mailed to

Wayne A. Kaiser, Environmental

Protection Agency, Air Branch, 726

Minnesota Avenue, Kansas City, Kansas

66101.

Copies of the documents relevant to

this action are available for public

inspection during normal business

hours at the: Environmental Protection

Agency, Air Planning and Development

Branch, 726 Minnesota Avenue, Kansas

City, Kansas 66101; and the EPA Air &

Radiation Docket and Information

Center, 401 M Street, SW., Washington,

DC 20460.
Federal Register / Vol. 63, No. 122 /Thursday, June 25, 1998 /Rules and Regulations 34601

FOR FURTHER INFORMATION CONTACT:

Wayne Kaiser at (913) 551–7603.

SUPPLEMENTARY INFORMATION: The state

of Iowa requested approval of its SIP

revisions under the authority and

signature of the Governor’s designee,

Larry J. Wilson, Director, Iowa

Department of Natural Resources

(IDNR). Two separate requests, dated

October 21, 1997, and January 3, 1998,

were received by the EPA. All of the

submittals were determined complete in

accordance with the criteria specified in

40 CFR Part 51, Appendix V. The state

provided evidence of the lawful

adoption of regulations, public notice,

and relevant public hearing

requirements for each submittal.

The rule revisions adopted by the

state are discussed in general terms

below. Additional detail and supporting

information relevant to the state’s

actions are contained in the EPA

Technical Support Document (TSD)

which is included in the docket for this

action. Persons interested in obtaining a

copy of the TSD should contact the EPA

contact above.

Certain portions of the state rule

revisions are not part of the SIP (e.g.,

new source performance standards,

national emission standards for HAPs,

and emission guidelines). While these

updated regulations are an important

component of the state’s air quality

program, they are excluded from this

action because they are not intended to

meet the SIP requirements of section

110 of the Act. Therefore, the EPA is not

taking action on those portions.

Rules adopted April 15, 1996, and

effective June 12, 1996. The definition of

volatile organic compounds (VOC) in

rule 20.2, Definitions, was updated to be

consistent with the EPA definition in

§ 51.100(s). Rule 22.8(1), Permit by rule

for spray booths, was revised to correct

rule references within the rule. The

voluntary operating permit rule at

22.202 was revised to allow sources the

opportunity to obtain a permit under

rule 22.300, as discussed below, and a

clarification was made to rule 22.203

regarding the date to apply for a

voluntary permit.

A new permitting program was

established by rule 22.300 series,

Operating permit by rule for small

sources. These rules establish an

optional voluntary permit program for

small sources (sources which emit less

than 50 percent of the major source

threshold levels) otherwise subject to

the Title V permitting program. Sources

meeting the eligibility requirements and

submitting the necessary documentation

will be exempted from applying for a

Title V operating permit and from

paying the Title V fees.

Establishment of the operating permit

by rule for small sources provides a

mutual benefit to the state, the regulated

community, and the public. Sources

have an incentive to maintain low levels

of emissions, thereby reducing their

own and the state’s administrative

requirements while the public’s

exposure to pollutants is decreased. The

rules require specific and enforceable

operating restrictions which meet the

EPA guidance for Federal enforceability.

Because the rules limit emissions of

HAPs as well as VOCs, the EPA is

approving the rules under sections 110

and 112(l) of the Act.

Finally, rules 23.3 and 29.1 related to

opacity limits in construction permits

and observer qualifications were

revised.

The IDNR also revised rule 22.1(2)

pertaining to permit exemptions.

However, the EPA is deferring action on

this revision pending action on an

earlier revision.

Rules adopted August 19, 1996,

effective October 16, 1996. New

definitions for ‘‘country grain elevator’’

and ‘‘potential to emit’’ were added to

rule 20.2. These revisions, in

conjunction with existing rules, allow

the IDNR the opportunity to issue nonTitle V permits to affected sources

which accept operating capacity

restrictions, and thus restricted

emissions. This action is consistent with

the EPA guidance memorandum of

November 14, 1995.

Rules adopted October 21, 1996,

effective December 25, 1996. Minor

revisions were made to clarify and

simplify certain provisions of rule

22.300(4), Stationary Sources With De

Minimis Emissions, and 22.300(8),

Registration and Reporting

Requirements.

Rules adopted March 17, 1997,

effective May 14, 1997. Definitions rule

20.2 was revised to add a new definition

for ‘‘emergency generator,’’ and the

definition of ‘‘potential to emit’’ was

revised. Rule 22.2 was revised to allow

a source 60 days, rather than 30, to

provide additional information prior to

a permit denial. Voluntary operating

permit rules, 22.201–22.203, were

revised to clarify eligibility

requirements for sources. Rules

22.300(3) ‘‘b’’ and ‘‘c’’ were clarified

regarding the permit deferral date and

applicability requirements, and

22.300(8)‘‘a’’ was clarified regarding the

application shield. Rule 22.1(2) was also

revised by the IDNR in this rulemaking,

but for the reason noted above, the EPA

is deferring approval action on this

revision at this time.

Rule adopted June 16, 1997, effective

August 20, 1997. This minor revision

consisted of renumbering rule 23.1(5),

Calculation of emission limitations

based upon stack height, to 23.1(6).

I. Final Action

In summary, the EPA is taking final

action approving the revisions to the

Iowa SIP as described above. These

revisions meet the requirements of the

Act and ensure that the SIP remains

consistent with Federal regulations.

The EPA is publishing this rule

without prior proposal because the

Agency views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in the proposed

rules section of this Federal Register

publication, the EPA is publishing a

separate document that will serve as the

proposal to approve the SIP revision

should relevant adverse comments be

filed. This rule will be effective August

24, 1998 without further notice unless

the Agency receives relevant adverse

comments by July 27, 1998.

If the EPA receives such comments,

then the EPA will publish a notice

withdrawing the final rule and

informing the public that the rule did

not take effect. All public comments

received will then be addressed in a

subsequent final rule based on the

proposed rule. The EPA will not

institute a second comment period on

the proposed rule. Only parties

interested in commenting on the

proposed rule should do so at this time.

If no such comments are received, the

public is advised that this rule will be

effective on August 24, 1998 and no

further action will be taken on the

proposed rule.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to the SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors, and in relation to relevant

statutory and regulatory requirements.

II. Administrative Requirements

A. Executive Order 12866 and 13045

The Office of Management and Budget

has exempted this regulatory action

from Executive Order 12866 review.

The final rule is not subject to

Executive Order 13045, entitled

‘‘Protection of Children from

Environmental Health Risks and Safety

Risks,’’ because it is not an

‘‘economically significant’’ action under

Executive Order 12866.

B. Regulatory Flexibility

The Regulatory Flexibility Act

generally requires an agency to conduct
34602 Federal Register / Vol. 63, No. 122 /Thursday, June 25, 1998 /Rules and Regulations

a regulatory flexibility analysis of any

rule subject to notice and comment

rulemaking requirements, unless the

agency certifies that the rule will not

have a significant economic impact on

a substantial number of small entities.

Small entities include small businesses,

small not-for-profit enterprises, and

small governmental jurisdictions. This

final rule will not have a significant

impact on a substantial number of small

entities.

SIP approvals under section 110 and

subchapter I, Part D of the CAA do not

create any new requirements but simply

approve requirements that the state is

already imposing. Therefore, because

the Federal SIP approval does not create

any new requirements, I certify that this

action will not have a significant

economic impact on a substantial

number of small entities. Moreover, due

to the nature of the Federal-state

relationship under the CAA, preparation

of flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of state action. The CAA

forbids the EPA to base its actions

concerning SIPs on such grounds

(Union Electric Co. v. U.S. E.P.A., 427

U.S. 246, 256–66 (1976); 42 U.S.C.

7410(a)(2)).

C. Unfunded Mandates

Under section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, the EPA

must prepare a budgetary impact

statement to accompany any proposed

or final rule that includes a Federal

mandate that may result in estimated

costs to state, local, or tribal

governments in the aggregate, or to the

private sector, of $100 million or more.

Under section 205, the EPA must select

the most cost-effective and least

burdensome alternative that achieves

the objectives of the rule and is

consistent with statutory requirements.

Section 203 requires the EPA to

establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

The EPA has determined that the

approval action promulgated does not

include a Federal mandate that may

result in estimated costs of $100 million

or more to either state, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves preexisting requirements

under state or local law, and imposes no

new requirements. Accordingly, no

additional costs to state, local, or tribal

governments, or to the private sector,

result from this action.

D. Submission to Congress and the

Comptroller General

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. The 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. This rule is not a ‘‘major rule’’

as defined by 5 U.S.C. 804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the CAA,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by August 24, 1998. 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,

Hydrocarbons, Incorporation by

reference, Intergovernmental relations,

Lead, Nitrogen dioxide, Ozone,

Particulate matter, Reporting and

recordkeeping requirements, Sulfur

oxides, Volatile organic compounds.

Dated: May 26, 1998.

William Rice,

Acting Regional Administrator, Region VII.

Part 52, 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. Section 52.820 is amended by

adding paragraph (c)(67) to read as

follows:

§ 52.820 Identification of plan.

* * * * *

(c) * * *

(67) In correspondence dated October

21, 1997, and January 21, 1998, the

Director of the Iowa Department of

Natural Resources submitted revisions

to the State Implementation Plan.

(i) Incorporation by reference.

(A) ‘‘Iowa Administrative Code’’

sections 567–22.8(1) ‘‘b,’’ ‘‘c,’’ and ‘‘e,’’

567–22.203(1) ‘‘a,’’ 567–22.300, 567–

22.300(1) throu gh 567–22.300(11), 567–

23.3(2) ‘‘d,’’ and 567–29.1, effective June

12, 1996.

(B) ‘‘Iowa Administrative Code’’

section 567–20.2, effective October 16,

1996.

(C) ‘‘Iowa Administrative Code’’

sections 567–22.300(4) ‘‘b’’(1), 567–

22.300(8) ‘‘a’’(1), and 567–22.300(8)

‘‘b’’(2), effective December 25, 1996.

(D) ‘‘Iowa Administrative Code’’

sections 567–20.2, 567–22.2(1), 567–

22.201(1) ‘‘a,’’ 567–22.201(2) ‘‘b,’’ 567–

22.202, 567–22.203(1), 567–22.300(3)

‘‘b’’ and ‘‘c,’’ 567–22.300(8) ‘‘a,’’

effective May 14, 1997.

(ii) Additional material.

(A) ‘‘Iowa Administrative Code’’

section 567–23.1(5), Calculation of

emission limitations based upon stack

height, was renumbered to section 567–

23.1(6), effective August 20, 1997.

[FR Doc. 98–16797 Filed 6–24–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[WA61–7136, WA64–7139; FRL–6110–7]

Approval and Promulgation of State

Implementation Plans: Washington;

Correcting Amendments

AGENCY: Environmental Protection

Agency.

ACTION: Final rule; correcting

amendments.

SUMMARY: This action corrects a

paragraph numbering error in the

Identification of Plan section found in

the Washington State Implementation

Plan (SIP) revision published on August

6, 1997.

EFFECTIVE DATE: June 25, 1998.

ADDRESSES: Copies of the State’s request

and other information supporting this

proposed action are available for

inspection during normal business

hours at the following locations:

Environmental Protection Agency

(EPA), Office of Air Quality (OAQ–107),

1200 Sixth Avenue, Seattle, Washington

98101, and the State of Washington,

Department of Ecology, 300 Desmond

Drive, Lacey, WA 98503.