49950 Federal Register / Vol. 73, No. 165 / Monday, August 25, 2008 / Rules and Regulations 

V. Statutory and Executive Order 

Reviews 

A. General Requirements 

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 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 makes a 

determination based on air quality data, 

and would, if finalized, result in the 

suspension of certain Federal 

requirements. 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 makes a determination based on air 

quality data, and results in the 

suspension of certain Federal 

requirements, 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 

applications 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), because it merely 

makes a determination based on air 

quality data and results in the 

suspension of certain Federal 

requirements, 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’’ (62 FR 19885, April 23, 1997) 

because it determines that air quality in 

the affected area is meeting Federal 

standards. 

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 because it would 

be inconsistent with applicable law for 

EPA, when determining the attainment 

status of an area, to use voluntary 

consensus standards in place of 

promulgated air quality standards and 

monitoring procedures otherwise 

satisfying the provisions of the CAA. 

This rule does not impose an 

information collection burden under the 

provisions of the Paper Reduction Act of 

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

Under Executive Order 12898, EPA 

finds that this rule involves a 

determination of attainment based on 

air quality data and will not have 

disproportionately high and adverse 

human health or environmental effects 

on any communities in the area, 

including minority and low-income 

communities. 

B. 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. EPA will submit a 

report containing this action 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). 

C. 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 October 24, 2008. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action 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, 

pertaining to the Harrisburg 

nonattainment area clean data 

determination, 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, Incorporation by 

reference, Particulate matter. 

Dated: August 12, 2008 

W.T. Wisniewski, 

Acting Regional Administrator, Region III. 

■ 40 CFR part 52 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 NN—Pennsylvania 

■ 2. Section 52.2059 is amended by 

adding paragraph (c) to read as follows: 

§ 52.2059 Control strategy: Particulate 

matter. 

* * * * * 

(c) Determination of Attainment. EPA 

has determined, as of August 25, 2008, 

the Harrisburg-Lebanon-Carlisle, 

Pennsylvania nonattainment area for the 

1997 PM2.5 NAAQS has attained the 

1997 PM2.5 NAAQS. This 

determination, in accordance with 40 

CFR 52.1004(c), suspends the 

requirements for this area to submit an 

attainment demonstration and 

associated reasonably available 

measures, a reasonable further progress 

plan, contingency measures, and other 

planning SIPs related to attainment of 

the standard for as long as the area 

continues to attain the 1997 PM2.5

NAAQS. 

[FR Doc. E8–19421 Filed 8–22–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 70 

[EPA–R07–OAR–2008–0403; FRL–8707–7] 

Approval and Promulgation of 

Implementation Plans and Operating 

Permits Program; State of Iowa 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a revision to 

the Iowa State Implementation Plan 

(SIP) and Operating Permits Program 

submitted by the state of Iowa for the 

purpose of modifying and clarifying 

requirements for certain types of grain 

elevators. Specifically, the new rule 

revises the SIP to add special 

requirements for grain elevators, and the 

associated chapters for definitions and 

emission standards will be revised 

accordingly. The Iowa Department of 

Natural Resources (IDNR) is requiring 

that owners or operators of grain 

elevators apply best management 


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Federal Register / Vol. 73, No. 165 / Monday, August 25, 2008 / Rules and Regulations 49951 

practices and comply with the fugitive 

dust standard, as well as emission 

controls specified in required 

construction permits. These strategies 

will protect the ambient air and 

minimize the impact of emissions from 

each of the facilities. 

DATES: This direct final rule will be 

effective October 24, 2008, without 

further notice, unless EPA receives 

adverse comment by September 24, 

2008. If EPA receives adverse comment, 

we 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 Docket ID No. EPA–R07–

OAR–2008–0403, by one of the 

following methods: 

1. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: Hamilton.heather@epa.gov. 

3. Mail or Hand Delivery: Heather 

Hamilton, Environmental Protection 

Agency, Air Planning and Development 

Branch, 901 North 5th Street, Kansas 

City, Kansas 66101. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–OAR–2008–

0403. 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:// 

www.regulations.gov, 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 through http:// 

www.regulations.gov or e-mail 

information that you consider to be CBI 

or otherwise protected. The http:// 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, 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 http:// 

www.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 docket 

are listed in the http:// 

www.regulations.gov index. 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, 

will be publicly available only in hard 

copy form. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov 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 a Part 70 operating permits program? 

What is the Federal approval process for the 

operating permits program? 

What is being addressed in this document? 

Have the requirements for approval of a SIP 

revision and a Part 70 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 

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 the Part 70 operating permits 

program? 

The CAA Amendments of 1990 

require all states to develop operating 

permits programs that meet certain 

Federal criteria. In implementing this 

program, the states are to require certain 

sources of air pollution to obtain 

permits that contain all applicable 

requirements under the CAA. One 

purpose of the part 70 operating permits 

program is to improve enforcement by 

issuing each source a single permit that 


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consolidates all of the applicable CAA 

requirements into a Federallyenforceable document. By consolidating 

all of the applicable requirements for a 

facility into one document, the source, 

the public, and the permitting 

authorities can more easily determine 

what CAA requirements apply and how 

compliance with those requirements is 

determined. 

Sources required to obtain an 

operating permit under this program 

include ‘‘major’’ sources of air pollution 

and certain other sources specified in 

the CAA or in our implementing 

regulations. For example, all sources 

regulated under the acid rain program, 

regardless of size, must obtain permits. 

Examples of major sources include 

those that emit 100 tons per year or 

more of volatile organic compounds, 

carbon monoxide, lead, sulfur dioxide, 

nitrogen dioxide, or PM10; those that 

emit 10 tons per year of any single 

hazardous air pollutant (HAP) 

(specifically listed under the CAA); or 

those that emit 25 tons per year or more 

of a combination of HAPs. 

Revisions to the state operating 

permits program are also subject to 

public notice, comment, and our 

approval. 

What is the Federal approval process 

for an operating permits program? 

In order for state regulations to be 

included in the Federally-enforceable 

Title V operating permits program, 

states must formally adopt regulations 

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 

approved operating permits program. 

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 502 of the CAA, including 

revisions to the state program, are 

included in the Federally-approved 

operating permits program. Records of 

such actions are maintained in the CFR 

at Title 40, part 70, appendix A, entitled 

‘‘Approval Status of State and Local 

Operating Permits Programs.’’

What is being addressed in this 

document? 

This rule revision modifies 

requirements for certain types of grain 

elevators by adding a new rule to the 

Iowa Administrative Code (IAC) with 

special requirements for these facilities. 

The rule amendments define each type 

of facility, and also specify the 

permitting requirements, emissions 

calculation methodology, emissions 

reporting and record keeping, and best 

management practices for controlling air 

pollution. A particulate matter (PM) 

emission standard for bin vents located 

at country grain elevators is described in 

subrule 23.4(7). Affected facilities are 

also required to comply with the 

fugitive dust standard to further 

minimize emissions. The deadline for 

affected facilities to comply with the 

new requirements was March 31, 2008. 

The associated definitions are being 

revised or added to IAC 567 Chapters 20 

and 22 as follows: Country grain 

elevator, country grain terminal 

elevator, feed mill equipment, grain, 

grain processing, grain storage elevator, 

grain terminal elevator, permanent 

storage capacity and potential to emit. 

The new rule added into IAC 567 

Chapter 22.10(455B) applies to 

permitting requirements for country 

grain elevators, country grain terminal 

elevators, grain terminal elevators and 

feed mill equipment. Compliance with 

the new requirements does not alleviate 

any affected person’s duty to comply 

with any applicable state or Federal 

regulations. In particular, the emission 

standards set forth in 567 Chapter 23, 

including the regulations for grain 

elevators contained in 40 CFR Part 60 

Subpart DD, as adopted by the state, 

may apply. 

Also added to IAC 567–22.10(455B) 

are methods for calculating potential to 

emit (PTE) for PM and PM10 for the four 

subject facilities: Country grain 

elevators; country grain terminal 

elevators; grain terminal elevators, and 

feed mill equipment. 

Grain elevators are classified in four 

groups as follows: Group 1—facilities 

with PTE less than 15 tons per year 

(tpy); Group 2—facilities with PTE 

greater than or equal to 15 tpy and less 

than or equal to 50 tpy; Group 3—

facilities with PTE more than 50 tpy and 

not more than 100 tpy, and Group 4—

facilities that emit greater than or equal 

to 100 tpy. 

These categories of grain elevators are 

described below. As explained below, 

EPA has reviewed the rules changes and 

has determined that they do not result 

in an impermissible relaxation of the 

SIP under CAA Section 110(l). 

An owner or operator of a Group 1 

facility is required to provide 

registration with PTE calculations and 

to retain a record of the previous five 

calendar years of total annual grain 

handled. The calculation of the facility’s 

potential PM10 is required to be 

submitted to IDNR annually by January 

31 for the previous calendar year. If 

additions, removals or modifications to 

equipment are performed, emissions 

will be calculated prior to any changes 

and if emissions increase to 15 tpy or 

more, the owner or operator shall 

comply with requirements set forth in 

Groups 2 to 4 as applicable prior to 

making the additions, removals or 

modifications. The same procedures 

will apply if the owner or operator 

changes the facility classification or 

permanent grain storage capacity. 

The owner or operator of a Group 2 

facility, in lieu of obtaining sourcespecific air construction permits for 

each piece of emissions equipment, may 

submit a Group 2 permit application 

with PTE calculations on IDNRprovided forms; and, if qualified, may 

operate under a permit by rule. If one 

or more construction permits exist, it 

remains in full force and effect and is 

not invalidated by subsequent submittal 

of a Group 2 permit application 

pursuant to this rule. Restrictions on 

equipment included in a previouslyissued construction permit may be 

incorporated into a Group 2 permit on 

a case-by-case basis by IDNR. Records 

will be maintained as specified in the 

Group 2 permit. If additions, removals, 

or modifications to equipment are 

performed, emissions changes due to 

these actions will be calculated prior to 

any changes; and if emissions increase 

beyond 50 tpy or more, the owner or 

operator must comply with 

requirements set forth in Groups 3 or 4 

(source categories requiring sourcespecific permits, as discussed below) as 

applicable, prior to making the 

additions, removals or modifications. As 

with Group 1, the same procedures will 

apply if the owner or operator changes 

the facility classification or permanent 

grain storage capacity. 

The owner or operator of a Group 3 

facility must obtain the required sourcespecific construction permits as 

specified under existing subrule 22.1(1). 

Owners or operators of new facilities 

must obtain the required permits prior 

to construction or reconstruction of a 

facility. Records will be maintained as 

specified in the Group 3 permit. If 

additions, removals or modifications to 

equipment are performed, emissions 

will be calculated prior to any changes; 

and, if emissions increase to 100 tpy or 

more, the owner or operator must 


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comply with the requirements set forth 

for Group 4 facilities, as applicable, 

prior to making the additions, removals 

or modifications. The same procedures 

will apply if the owner or operator 

changes the facility classification or 

permanent grain storage capacity. If the 

PTE for PM or PM10 triggers major 

source permitting, the owner or operator 

must comply with the requirements of 

567 Chapter 33 (PSD) as applicable. 

Fugitive emissions as defined in 567–

33.3(1) are included in the PTE 

calculation for determining PSD 

applicability. The owner or operator 

shall keep records of annual grain 

handled at the facility and annual PTE 

emissions on site for a period of five 

years. 

The owner or operator of a Group 4 

facility is required to obtain sourcespecific construction permits as 

specified under subrule 22.1(1) in the 

current SIP. The owner or operator of a 

new facility shall obtain the required 

permits prior to construction or 

reconstruction of a facility. Records will 

be maintained as specified in the Group 

4 permit. If the PTE for PM or PM10

triggers major source permitting, the 

owner or operator must comply with the 

requirements of 567 Chapter 33 (PSD) as 

applicable. Fugitive emissions as 

defined in 567–33.3(1) are included in 

the PTE calculation for determining PSD 

applicability. The owner or operator 

shall keep records of annual grain 

handled at the facility and annual PTE 

emissions on site for a period of five 

years. The owner or operator of a Group 

4 facility shall apply for an operating 

permit for the facility if the annual PTE 

for PM or PM10 is equal to or greater 

than 100 tpy as specified in rules 567–

22.100(455B) through 567–

22.300(455B), which are part of the 

currently-approved Title V program. 

Fugitive emissions in the calculations 

will be included if the PTE for PM10 is 

greater than 100 tpy. 

The rule revision means that Group 1 

sources (sources emitting less than 15 

tpy of PM or PM10) will not be required 

to obtain source-specific permits if they 

adequately demonstrate that emissions 

are less than that threshold. The state 

has submitted a demonstration that 

grain elevators of this size would not 

adversely impact air quality. EPA 

believes the state has shown that 

sources of this size would not be 

expected to adversely impact air quality. 

Group 2 sources (sources emitting 

between 15 and 50 tpy) are not required 

to obtain source-specific permits if they 

operate in accordance with the 

requirements of the rule (for example, 

requiring implementation of best 

management practices for controlling 

particulate matter emissions). These 

sources obtain standardized permits. 

The state retains the ability to require 

source-specific air quality analyses from 

these sources if the Group 2 application, 

or other information, indicates that a 

particular source might adversely 

impact air quality. EPA concludes there 

are sufficient safeguards in the rule to 

ensure that Group 2 sources will not 

adversely impact air quality. 

The rule requires that Groups 3 and 

4 sources obtain traditional sourcespecific permits. Therefore, there is no 

substantive change from the current SIP 

for sources in these groups. 

As feed mill equipment does not fall 

under the grain elevator classifications, 

a separate section of the new rule sets 

forth the requirements with regard to 

permitting, emissions inventory, 

operating permits, and prevention of 

significant deterioration applicability. 

These requirements generally entail no 

change from the current SIP. 

EPA is also approving a revision to 

Chapter 23 of the IAC with regard to 

grain handling and processing plants. 

The revision states that the owner or 

operator of equipment at a permanent 

installation shall not cause, allow or 

permit the particulate matter discharged 

to the atmosphere to exceed 0.1 grain 

per dry standard cubic foot of exhaust 

gas with the following exception: 

Particulate matter discharged to the 

atmosphere from a grain bin vent at a 

country grain elevator shall not exceed 

1.0 grain per dry standard cubic foot of 

exhaust gas; particulate matter 

discharged from a grain bin vent at a 

country grain terminal elevator or a 

grain terminal elevator constructed 

before March 31, 2008, shall not exceed 

1.0 grain per dry standard cubic foot of 

exhaust gas, and particulate matter 

discharged from a grain bin vent at a 

country grain terminal elevator or a 

grain terminal elevator constructed after 

March 31, 2008, shall not exceed 0.1 

grain per dry standard cubic foot of 

exhaust gas. IDNR provided an analysis 

of PM emissions which showed that PM 

emissions would be less than 5 tpy at a 

facility with 35 million bushels per year 

throughput rate. The throughput is on 

the upper end of the throughput range 

for the majority of the grain elevators 

that will be affected by the rules; and 

based on the analysis of PM emissions, 

the revision would not be expected to 

adversely impact air quality. EPA has 

determined that the state’s analysis of 

this rule change meets the requirements 

of CAA section 110(l). 

Have the requirements for approval of 

a SIP revision and a Part 70 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 docket, these revisions meet 

the substantive SIP requirements of the 

CAA, including section 110 and 

implementing regulations. These 

revisions are minor clarifications, 

updates, and corrections which do not 

affect the stringency of existing 

requirements. These revisions are also 

consistent with applicable EPA 

requirements in Title V of the CAA and 

40 CFR Part 70. 

What action is EPA taking? 

EPA is approving the request to 

amend the Iowa SIP and Operating 

Permits Program to approve the 

modification of requirements for certain 

types of grain elevators. These 

modifications will not adversely affect 

the air quality in the state of Iowa and 

will not relax the SIP. The state 

provided adequate justification to this 

effect. 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 


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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 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it approves a 

state rule implementing a Federal 

standard. 

In reviewing SIP and Title V 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by October 24, 2008. 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 

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. 

40 CFR Part 70 

Administrative practice and 

procedure, Air pollution control, 

Intergovernmental relations, Operating 

permits, Reporting and recordkeeping 

requirements. 

Dated: August 15, 2008. 

John B. Askew, 

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 is amended 

by: 

■ a. Revising entries for 567–20.2; 567–

22.1 and 567–23.4; and 

■ b. Adding in numerical order 567–

22.10. 

The revisions and addition 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 20—Scope of Title—Definitions—Forms—Rules of Practice 

* * * * * * * 

567–20.2 ...................................... Definitions .................................... 03/19/2008 08/25/2008 [insert FR 

page number where the 

document begins].

The definitions for anaerobic lagoon, odor, odorous substance, and 

odorous substance 

source are not SIP approved. 


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Federal Register / Vol. 73, No. 165 / Monday, August 25, 2008 / Rules and Regulations 49955 

EPA-APPROVED IOWA REGULATIONS—Continued 

Iowa citation Title State effective 

date EPA approval date Explanation 

* * * * * * * 

Chapter 22—Controlling Pollution 

567–22.1 ...................................... Permits Required for New or Existing Stationary Sources.03/19/2008 08/25/2008 [insert FR 

page number where the 

document begins].

* * * * * * * 

567–22.10 .................................... Permitting Requirements for 

Country Grain Elevators, Country Grain Terminal Elevators, 

Grain Terminal Elevators and 

Feed Mill Equipment.

03/19/2008 08/25/2008 [insert FR 

page number where the 

document begins].

* * * * * * * 

Chapter 23—Emission Standards for Contaminants 

* * * * * * * 

567–23.4 ...................................... Specific Processes ...................... 03/19/2008 08/25/2008 [insert FR 

page number where the 

document begins].

Subrule 23.4(10) is not 

SIP-approved. 

* * * * * * * 

* * * * * 

PART 70—[AMENDED] 

■ 3. The authority citation for part 70 

continues to read as follows: 

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

■ 4. Appendix A to Part 70 is amended 

by adding paragraph (j) under ‘‘Iowa’’ to 

read as follows: 

Appendix A to Part 70—Approval 

Status of State and Local Operating 

Permits Programs 

* * * * * 

Iowa 

* * * * * 

(j) The Iowa Department of Natural 

Resources submitted for program approval 

rule 567–22.100(455B) on April 8, 2008. The 

state effective date was March 19, 2008. 

These revisions to the Iowa program are 

approved effective October 24, 2008. 

* * * * * 

[FR Doc. E8–19519 Filed 8–22–08; 8:45 am] 

BILLING CODE 6560–50–P 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Part 102–192 

[FMR Amendment 2008–06; FMR Case 

2003–102–1; Docket 2008–0001; Sequence 

4] 

RIN 3090–AH13 

Federal Management Regulation; FMR 

Case 2003–102–1; Mail Management 

AGENCY: Office of Governmentwide 

Policy, GSA. 

ACTION: Final rule. 

SUMMARY: The General Services 

Administration is amending the Federal 

Management Regulation (FMR) by 

revising the current mail management 

policy. This final rule incorporates 

changes made to the current interim 

rule. 

DATES: This final rule is effective August 

25, 2008. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Derrick 

Miliner, Office of Governmentwide 

Policy, Mail Management Policy, at 

(202) 273–3564, or e-mail at 

derrick.miliner@gsa.gov. The Regulatory 

Secretariat, Room 4041, GS Building, 

Washington, DC 20405, at (202) 501–

4755 for information pertaining to status 

or publication schedules. Please cite 

FMR case 2003–102–1. 

SUPPLEMENTARY INFORMATION: 

A. Background 

On May 29, 2001, the General 

Services Administration (GSA) 

published a proposed rule for mail 

management in the Federal Register (66 

FR 29067). After considering all 

comments received on the proposed 

rule, GSA published an interim rule for 

mail management in the Federal 

Register, which was effective on its 

publication date, June 6, 2002 (67 FR 

38896). 

GSA chose to publish an interim rule 

in 2002 because we recognized that 

experience would identify some 

elements of the interim rule that would 

need to be changed. This final rule 

reflects that experience. 

The significant changes between this 

final rule and the interim rule are: 

1. This final rule removes Appendix 

A, titled ‘‘Large Agency Mailers.’’ The 

list of agencies that qualify as large, as 

defined in this regulation, changes 

slightly every year. GSA has 

determined, therefore, that it is better to 

publish this list on its web site, 

www.gsa.gov/mailpolicy, rather than in 

this regulation. 

2. This final rule removes Appendix 

B titled ‘‘Mail Center Security Plan.’’

GSA has determined that this final rule 

should contain only the basic 

requirements for security plans, and that 

any additional guidance should be 


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