Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 53939 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R07–OAR–2005–IA–0005; FRL–7967–5] 

Approval and Promulgation of 

Implementation Plans; State of Iowa 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving the State 

Implementation Plan (SIP) revision 

submitted by the state of Iowa for the 

purpose of establishing guidelines to 

identify stationary sources of air 

pollution potentially subject to Best 

Available Retrofit Technology (BART) 

emission control requirements. Owners 

and operators of stationary sources 

meeting the eligibility criteria will be 

required to submit source identification 

and emission unit description 

information to the state by September 1, 

2005. 

BART-eligibility information is to be 

submitted on Iowa Department of 

Natural Resources (IDNR) form 542–

8125 that lists facility information and 

emission unit identification and 

description. Annual emission totals in 

tons-per-year (potential) for PM10, NOX, 

SO2 and VOCs are also required. 

DATES: This direct final rule will be 

effective November 14, 2005, without 

further notice, unless EPA receives 

adverse comment by October 13, 2005. 

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–

2005–IA–0005, 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–2005–IA–0005. 

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 website 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 

a.m. to 4:30 p.m., 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. 

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 

53940 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 

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 SIP revision 

submitted by the state of Iowa for the 

purpose of adding requirements for 

stationary sources of air pollution to 

submit information to determine Best 

Available Retrofit Technology (BART) 

eligibility. Federal BART guidelines 

provide criteria for determining which 

sources are eligible for BART controls 

and include a mechanism by which 

individual sources may be exempted 

from BART on a case-by-case basis. 

Under the state rule owners and 

operators of stationary sources of air 

pollution which have the potential to 

emit 250 tons or more of any visibilityimpairing air pollutant from emissions 

units that were placed in service 

between August 7, 1962, and August 7, 

1977, and whose operations fall within 

one or more of the 26 ‘‘stationary source 

categories’’ listed in the state rules are 

required to complete and submit a 

BART Eligibility Certification Form 

#542–8125. This form lists facility 

information and emission unit 

identification and description. Annual 

emission totals in tons-per-year 

(potential) for PM10, NOX, SO2 and 

VOCs which are considered visibilityimpairing air pollutants are required. 

Although the state rule does not 

clearly address sources which were in 

operation prior to August 1962 but were 

reconstructed between 1962 and 1977, 

IDNR has stated that the rule requires 

any source which underwent ‘‘start up’’

between those years to file a BARTeligibility form. IDNR defines start up as 

beginning or resuming operation of a 

source for any purpose, including 

resuming operation after reconstruction. 

In addition, IDNR independently 

requires all of its major sources (as 

identified in its Title V rules, including 

sources having a potential to emit at 

least 100 tons per year or more of a 

visibility-impairing pollutant) to submit 

forms to determine BART eligibility. 

Therefore, EPA believes that this rule, in 

conjunction with other state rules, 

should enable Iowa to identify all 

BART-eligible sources. By its approval 

of this rule, EPA is not making a 

determination that Iowa has identified 

all sources which might be BARTeligible under Federal requirements. 

EPA will make this determination in 

conjunction with its action on Iowa’s 

regional haze plan when that plan is 

submitted in the future. 

The completed form is due to the 

Department of Natural Resources, 7900 

Hickman Road, Suite 1, Urbandale, Iowa 

50322, by September 1, 2005. 

Information from Form #542–8125 

will be reviewed by the state of Iowa 

and the owners and operators will be 

notified of BART-eligibility status. 

Facilities that are BART-eligible may be 

required to submit further engineering 

analyses as the state deems necessary. 

The addition of special requirements 

for visibility protection will be located 

in Chapter 22, 567–22.9 of the Iowa 

Administrative Code. 

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 approving a SIP revision 

submitted by the state of Iowa for the 

purpose of adding requirements for 

stationary sources of air pollution to 

submit information to determine Best 

Available Retrofit Technology (BART) 

eligibility. This revision was adopted by 

the Environmental Protection 

Commission on February 21, 2005, and 

it became state effective on April 20, 

2005. 

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 

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 

Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Rules and Regulations 53941

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 November 14, 

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: August 30, 2005. 

William Rice, 

Acting 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(c) the table for Chapter 

22 is amended by adding a new entry in 

numerical order for 567–22.9 to read as 

follows:

§ 52.820 Identification of plan.

* * * * *

(c) * * *

EPA-APPROVED IOWA REGULATIONS

Iowa citation Title State effective date EPA approval date Explanation 

Iowa Department of Natural Resources, Environmental Protection Commission [567]

* * * * * * * 

Chapter 22—Controlling Pollution

* * * * * * * 

567–22.9 ............................................. Special Requirements for Visibility Protection .. 04/20/05 09/13/05 [insert FR page 

number where document begins] 

* * * * * * * 

* * * * *

[FR Doc. 05–18012 Filed 9–12–05; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[Region II Docket No. NY69–280, FRL–7968–

1] 

Approval and Promulgation of 

Implementation Plans; New York; 

Revised Motor Vehicle Emissions 

Budgets for 1990 and 2007 using 

MOBILE6

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is approving a revision to 

the New York State Implementation 

Plan (SIP) for the attainment and 

maintenance of the 1-hour national 

ambient air quality standard (NAAQS) 

for ozone. Specifically, EPA is 

approving New York’s revised 1990 and 

2007 motor vehicle emission budgets 

recalculated using MOBILE6 and 

modified date for submittal of the 

State’s mid-course review. The intended 

effect of this action is to approve a SIP 

revision that will help the State 

continue to plan for attainment of the 1-

hour NAAQS for ozone in its portion of 

the New York-Northern New JerseyLong Island nonattainment area (New 

York Metropolitan NAA).

EFFECTIVE DATE: This rule will be 

effective October 13, 2005.

ADDRESSES: Copies of the state 

submittals are available at the following