You are on page 1of 4

Federal Register / Vol. 71, No.

167 / Tuesday, August 29, 2006 / Rules and Regulations 51117

Dated: August 22, 2006. duration of the event. Under provisions 1. Follow
Michele M. Leonhart, of 33 CFR 100.535, a vessel may not the on-line instructions for submitting
Deputy Administrator. enter the regulated area unless it comments.
[FR Doc. E6–14287 Filed 8–28–06; 8:45 am] receives permission from the Coast 2. E-mail:
Guard Patrol Commander. 3. Mail: Heather Hamilton,
In addition to this notice, the Environmental Protection Agency, Air
maritime community will be provided Planning and Development Branch, 901
extensive advance notification via the North 5th Street, Kansas City, Kansas
Local Notice to Mariners, marine
SECURITY 4. Hand Delivery or Courier: Deliver
information broadcasts, local radio
stations and area newspapers, so your comments to Heather Hamilton,
Coast Guard
mariners can adjust their plans Environmental Protection Agency, Air
accordingly. Planning and Development Branch, 901
33 CFR Part 100
North 5th Street, Kansas City, Kansas
Dated: August 14, 2006.
[CGD05–06–042] 66101.
L.L. Hereth, Instructions: Direct your comments to
RIN 1625–AA08 Rear Admiral, U.S. Coast Guard, Commander, Docket ID No. EPA–R07–OAR–2006–
Fifth Coast Guard District. 0484. EPA’s policy is that all comments
Special Local Regulations for Marine
[FR Doc. E6–14268 Filed 8–28–06; 8:45 am] received will be included in the public
Events; Susquehanna River, Port
Deposit, MD BILLING CODE 4910–15–P docket without change and may be
made available online at http://
AGENCY: Coast Guard, DHS., including any
ACTION: Notice of enforcement of ENVIRONMENTAL PROTECTION personal information provided, unless
regulation. AGENCY the comment includes information
claimed to be Confidential Business
SUMMARY: The Coast Guard will enforce 40 CFR Part 52 Information (CBI) or other information
the special local regulations for the [EPA–R07–OAR–2006–0484; FRL–8213–9] whose disclosure is restricted by statute.
‘‘Ragin’ on the River’’ powerboat race to Do not submit through http://
be held Labor Day weekend, September Approval and Promulgation of or e-mail
2 and 3, 2006, on the waters of the Implementation Plans; State of Iowa information that you consider to be CBI
Susquehanna River, adjacent to Port or otherwise protected. The http://
Deposit, Maryland. This action is AGENCY: Environmental Protection Web site is an
necessary to provide for the safety of life Agency (EPA). ‘‘anonymous access’’ system, which
on navigable waters during the event. ACTION: Direct final rule. means EPA will not know your identity
The effect will be to restrict general or contact information unless you
SUMMARY: EPA is approving a State
navigation in the regulated area for the provide it in the body of your comment.
Implementation Plan (SIP) revision If you send an e-mail comment directly
safety of participants and vessels
submitted by the state of Iowa for the to EPA without going through http://
transiting the event area.
purpose of establishing exemptions for, your e-mail
DATES: Effective Dates: 33 CFR 100.535 indoor sources of air pollution that are
will be enforced from 10:30 a.m. to 6:30 address will be automatically captured
not directly vented to the outside but and included as part of the comment
p.m. on September 2 and 3, 2006. If the have emissions that leave the building
event is postponed due to weather, this that is placed in the public docket and
through doors, vents or other means. made available on the Internet. If you
section will be enforced during the same This revision also clarifies that the
time period on Monday, September 4, submit an electronic comment, EPA
permitting exemptions do not relieve recommends that you include your
2006. the owner or operator of any source name and other contact information in
FOR FURTHER INFORMATION CONTACT: from any obligation to comply with any the body of your comment and with any
Ronald Houck, Coast Guard Sector other applicable requirements. The state disk or CD–ROM you submit. If EPA
Baltimore, Prevention Department, at has demonstrated that air pollution cannot read your comment due to
(410) 576–2674. emissions from this equipment are technical difficulties and cannot contact
SUPPLEMENTARY INFORMATION: Annually, negligible and these exemptions are you for clarification, EPA may not be
during Labor Day weekend, the Port likely to result in no significant impact able to consider your comment.
Deposit, Maryland Chamber of on human health or the environment. Electronic files should avoid the use of
Commerce sponsors the ‘‘Ragin’ on the We have reviewed the state’s special characters, any form of
River’’ powerboat race, on the waters of justification for the revisions and agree encryption, and be free of any defects or
the Susquehanna River. The event with its conclusions. viruses.
consists of approximately 60 inboard DATES: This direct final rule will be Docket: All documents in the
hydroplanes and runabouts racing in effective October 30, 2006, without electronic docket are listed in the
heats counterclockwise around an oval further notice, unless EPA receives index.
racecourse. A fleet of spectator vessels adverse comment by September 28, Although listed in the index, some
is anticipated to gather nearby to view 2006. If adverse comment is received, information is not publicly available,
the competition. Due to the need for EPA will publish a timely withdrawal of i.e., CBI or other information whose
vessel control during the event, vessel the direct final rule in the Federal disclosure is restricted by statute.
cprice-sewell on PROD1PC66 with RULES

traffic will be temporarily restricted to Register informing the public that the Certain other material, such as
provide for the safety of participants, rule will not take effect. copyrighted material, is not placed on
spectators and transiting vessels. In ADDRESSES: Submit your comments, the Internet and will be publicly
order to ensure the safety of the event identified by Docket ID No. EPA–R07– available only in hard copy form.
participants and transiting vessels, 33 OAR–2006–0484, by one of the Publicly available docket materials are
CFR 100.535 will be enforced for the following methods: available either electronically in http://

VerDate Aug<31>2005 20:37 Aug 28, 2006 Jkt 208001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\29AUR1.SGM 29AUR1
51118 Federal Register / Vol. 71, No. 167 / Tuesday, August 29, 2006 / Rules and Regulations or in hard copy at Once a state rule, regulation, or a. Product labeling using laser and
the Environmental Protection Agency, control strategy is adopted, the state ink-jet printers meeting specified
Air Planning and Development Branch, submits it to us for inclusion into the performance criteria;
901 North 5th Street, Kansas City, SIP. We must provide public notice and b. Equipment related to research and
Kansas 66101. The Regional Office’s seek additional public comment development activities at a stationary
official hours of business are Monday regarding the proposed Federal action source meeting specified emissions and
through Friday, 8 to 4:30 excluding on the state submission. If adverse recordkeeping criteria, and meeting the
Federal holidays. The interested persons comments are received, they must be definition of ‘‘research and development
wanting to examine these documents addressed prior to any final Federal activities’’ specified in the rule;
should make an appointment with the action by us. c. Regional collection centers, as
office at least 24 hours in advance. All state regulations and supporting defined in Iowa’s hazardous waste rules,
FOR FURTHER INFORMATION CONTACT: information approved by EPA under involved in the processing of permitted
Heather Hamilton at (913) 551–7039, or section 110 of the CAA are incorporated hazardous materials from households
by e-mail at into the Federally-approved SIP. and certain small quantity generators
SUPPLEMENTARY INFORMATION: Records of such SIP actions are meeting specified quantity restrictions
Throughout this document whenever maintained in the Code of Federal for materials containing volatile organic
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean Regulations (CFR) at title 40, part 52, compounds (VOCs);
EPA. This section provides additional entitled ‘‘Approval and Promulgation of d. Cold solvent cleaning machines
information by addressing the following Implementation Plans.’’ The actual state that are not in-line cleaning machines,
questions: regulations which are approved are not which meet specified performance and
What is a SIP? reproduced in their entirety in the CFR operational criteria.
What is the Federal approval process for a outright but are ‘‘incorporated by We note that the Iowa exemption rule
SIP? reference,’’ which means that we have provides that none of the exemptions
What does Federal approval of a state approved a given state regulation with are available to emissions units,
regulation mean to me? a specific effective date. processes, or activities that would
What is being addressed in this document? trigger the requirements for major new
Have the requirements for approval of a SIP What does Federal approval of a State
source review (e.g., the prevention of
revision been met? regulation mean to me?
significant deterioration program).
What action is EPA taking?
Enforcement of the state regulation The Iowa Department of Natural
What is a SIP? before and after it is incorporated into Resources (IDNR) has provided a
Section 110 of the Clean Air Act the Federally-approved SIP is primarily justification document which analyzes
(CAA) requires states to develop air a state responsibility. However, after the the projected emissions increases and
pollution regulations and control regulation is Federally approved, we are air quality impact which may be
strategies to ensure that state air quality authorized to take enforcement action attributable to the exemptions. For
meets the national ambient air quality against violators. Citizens are also example, Iowa determined that the
standards established by EPA. These offered legal recourse to address product labeling exemption would
ambient standards are established under violations as described in section 304 of apply to equipment which emits no
section 109 of the CAA, and they the CAA. more than 3.75 tons per year of VOCs,
currently address six criteria pollutants. which is the threshold included in the
What is being addressed in this Iowa permit rules previously approved
These pollutants are: Carbon monoxide, document?
nitrogen dioxide, ozone, lead, by EPA as de minimis for permitting of
particulate matter, and sulfur dioxide. EPA is approving a revision to the SIP minor sources. Similar justifications for
Each state must submit these for the State of Iowa which establishes the other exemptions are included in
regulations and control strategies to us exemptions from construction the docket for this rulemaking.
for approval and incorporation into the permitting for certain categories of air Based on review of IDNR’s technical
Federally-enforceable SIP. pollution sources. This revision became evaluation documented in the
Each Federally-approved SIP protects state effective on April 19, 2006. exemption justification document
air quality primarily by addressing air The exemptions include equipment, submitted with the rule and included in
pollution at its point of origin. These processes and activities identified in the the docket, EPA agrees that the emission
SIPs can be extensive, containing state rule and summarized below. The reader units and activities exempted by the
regulations or other enforceable should refer to the Iowa Administrative rule generate emissions that have little
documents and supporting information Code, Chapter 22.1 and the technical or no environmental or human health
such as emission inventories, support document, which are part of the consequences and can be exempted
monitoring networks, and modeling docket for this rulemaking for more from the requirement to obtain a
demonstrations. detail concerning the exemptions. construction permit.
What is the Federal approval process 1. An amendment to paragraph Have the requirements for approval of
for a SIP? 22.1(2) ‘‘m’’, which exempts certain a SIP revision been met?
In order for state regulations to be storage tanks, raises the maximum The state submittal has met the public
incorporated into the Federally- capacity and throughput of tanks which notice requirements for SIP submissions
enforceable SIP, states must formally may qualify for the exemption. in accordance with 40 CFR 51.102. The
adopt the regulations and control 2. An amendment to paragraph submittal also satisfied the
cprice-sewell on PROD1PC66 with RULES

strategies consistent with state and 22.1(2) ‘‘x’’ adds an exemption for completeness criteria of 40 CFR part 51,
Federal requirements. This process certain applications of hot melt appendix V. In addition, as explained
generally includes a public notice, adhesives from specified closed-pot above and in more detail in the
public hearing, public comment period, systems. technical support document that is part
and a formal adoption by a state- 3. An amendment to subrule 22.1(2) of this rulemaking, the revision meets
authorized rulemaking body. adds several new exemptions as follows: the substantive SIP requirements of the

VerDate Aug<31>2005 14:37 Aug 28, 2006 Jkt 208001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\29AUR1.SGM 29AUR1
Federal Register / Vol. 71, No. 167 / Tuesday, August 29, 2006 / Rules and Regulations 51119

CAA, including section 110 and Indian tribes, on the relationship report containing this rule and other
implementing regulations. between the Federal Government and required information to the U.S. Senate,
Indian tribes, or on the distribution of the U.S. House of Representatives, and
What action is EPA taking?
power and responsibilities between the the Comptroller General of the United
EPA is approving a revision which Federal Government and Indian tribes, States prior to publication of the rule in
adds permitting exemptions to the Iowa as specified by Executive Order 13175 the Federal Register. A major rule
Administrative Code. This revision also (65 FR 67249, November 9, 2000). This cannot take effect until 60 days after it
clarifies that the permitting exemptions action also does not have Federalism is published in the Federal Register.
do not relieve the owner or operator of implications because it does not have This action is not a ‘‘major rule’’ as
any source from any obligation to substantial direct effects on the States, defined by 5 U.S.C. 804(2).
comply with any other applicable on the relationship between the national Under section 307(b)(1) of the Clean
requirements. government and the States, or on the Air Act, petitions for judicial review of
We are processing this action as a distribution of power and this action must be filed in the United
direct final action because the revisions responsibilities among the various States Court of Appeals for the
make minor changes to the existing levels of government, as specified in appropriate circuit by October 30, 2006.
rules that are noncontroversial. Executive Order 13132 (64 FR 43255, Filing a petition for reconsideration by
Therefore, we do not anticipate any August 10, 1999). This action merely the Administrator of this final rule does
adverse comments. Please note that if approves a state rule implementing a not affect the finality of this rule for the
EPA receives adverse comment on part Federal standard, and does not alter the purposes of judicial review nor does it
of this rule and if that part can be relationship or the distribution of power extend the time within which a petition
severed from the remainder of the rule, and responsibilities established in the for judicial review may be filed, and
EPA may adopt as final those parts of CAA. This rule also is not subject to shall not postpone the effectiveness of
the rule that are not the subject of an Executive Order 13045, ‘‘Protection of such rule or action. This action may not
adverse comment. Children from Environmental Health be challenged later in proceedings to
Statutory and Executive Order Reviews Risks and Safety Risks’’ (62 FR 19885, enforce its requirements. (See section
April 23, 1997), because it is not 307(b)(2).)
Under Executive Order 12866 (58 FR economically significant.
51735, October 4, 1993), this action is In reviewing SIP submissions, EPA’s List of Subjects in 40 CFR Part 52
not a ‘‘significant regulatory action’’ and role is to approve state choices, Environmental protection, Air
therefore is not subject to review by the provided that they meet the criteria of pollution control, Carbon monoxide,
Office of Management and Budget. For the CAA. In this context, in the absence Incorporation by reference,
this reason, this action is also not of a prior existing requirement for the Intergovernmental relations, Lead,
subject to Executive Order 13211, State to use voluntary consensus Nitrogen dioxide, Ozone, Particulate
‘‘Actions Concerning Regulations That standards (VCS), EPA has no authority matter, Reporting and recordkeeping
Significantly Affect Energy Supply, to disapprove a SIP submission for requirements, Sulfur oxides, Volatile
Distribution, or Use’’ (66 FR 28355, May failure to use VCS. It would thus be organic compounds.
22, 2001). This action merely approves inconsistent with applicable law for Dated: August 15, 2006.
state law as meeting Federal EPA, when it reviews a SIP submission, William W. Rice,
requirements and imposes no additional to use VCS in place of a SIP submission
Acting Regional Administrator, Region 7.
requirements beyond those imposed by that otherwise satisfies the provisions of
state law. Accordingly, the the CAA. Thus, the requirements of ■ Chapter I, title 40 of the Code of
Administrator certifies that this rule section 12(d) of the National Federal Regulations is amended as
will not have a significant economic Technology Transfer and Advancement follows:
impact on a substantial number of small Act of 1995 (15 U.S.C. 272 note) do not
entities under the Regulatory Flexibility apply. This rule does not impose an PART 52—[AMENDED]
Act (5 U.S.C. 601 et seq.). Because this information collection burden under the ■ 1. The authority citation for part 52
rule approves pre-existing requirements provisions of the Paperwork Reduction continues to read as follows:
under state law and does not impose Act of 1995 (44 U.S.C. 3501 et seq.).
Authority: 42 U.S.C. 7401 et seq.
any additional enforceable duty beyond The Congressional Review Act, 5
that required by state law, it does not U.S.C. 801 et seq., as added by the Small Subpart Q—Iowa
contain any unfunded mandate or Business Regulatory Enforcement
significantly or uniquely affect small Fairness Act of 1996, generally provides ■ 2. In § 52.820 the table in paragraph
governments, as described in the that before a rule may take effect, the (c) is amended by revising the entry for
Unfunded Mandates Reform Act of 1995 agency promulgating the rule must 567–22.1 to read as follows:
(Pub. L. 104–4). submit a rule report, which includes a
This rule also does not have tribal copy of the rule, to each House of the § 52.820 Identification of plan.
implications because it will not have a Congress and to the Comptroller General * * * * *
substantial direct effect on one or more of the United States. EPA will submit a (c) * * *


State effec-
Iowa citation Title EPA approval date Explanation
tive date
cprice-sewell on PROD1PC66 with RULES

Iowa Department of Natural Resources Environmental Protection Commission [567]

VerDate Aug<31>2005 14:37 Aug 28, 2006 Jkt 208001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\29AUR1.SGM 29AUR1
51120 Federal Register / Vol. 71, No. 167 / Tuesday, August 29, 2006 / Rules and Regulations


State effec-
Iowa citation Title EPA approval date Explanation
tive date

* * * * * * *
Chapter 22—Controlling Pollution
567–22.1 .............. Permits Required for New or Existing Stationary Sources .... 04/19/06 08/29/06
[insert FR page num-
ber where the doc-
ument begins]

* * * * * * *

* * * * * revisions were proposed in the Federal publicly available only at the hard copy
[FR Doc. E6–14313 Filed 8–28–06; 8:45 am] Register on May 16, 2006 and concern location (e.g., copyrighted material), and
BILLING CODE 6560–50–P oxides of nitrogen (NOX) and oxides of some may not be publicly available in
sulfur (SOX) emissions from facilities either location (e.g., CBI). To inspect the
emitting 4 tons or more per year of NOX hard copy materials, please schedule an
ENVIRONMENTAL PROTECTION or SOX in the year 1990 or subsequent appointment during normal business
AGENCY year under the SCAQMD’s Regional hours with the contact listed in the FOR
Clean Air Incentives Market (RECLAIM) FURTHER INFORMATION CONTACT section.
40 CFR Part 52 program. We are approving local rules FOR FURTHER INFORMATION CONTACT: Lily
[EPA–R09–OAR–2006–0225; FRL–8207–9] that regulate these emission sources Wong, EPA Region IX, (415) 947–4114,
under the Clean Air Act as amended in
Revisions to the California State 1990 (CAA or the Act).
Implementation Plan, South Coast Air DATES: Effective Date: This rule is Throughout this document, ‘‘we,’’ ‘‘us’’
Quality Management District effective on September 28, 2006. and ‘‘our’’ refer to EPA.
AGENCY: Environmental Protection ADDRESSES: EPA has established docket
I. Proposed Action
Agency (EPA). number EPA–R09–OAR–2006–0225 for
ACTION: Final rule. this action. The index to the docket is On May 16, 2006 (71 FR 28290), EPA
available electronically at http:// proposed to approve the following rules
SUMMARY: EPA is finalizing approval of and in hard copy into the California SIP. Table 1 lists the
revisions to the South Coast Air Quality at EPA Region IX, 75 Hawthorne Street, rules addressed by this action with the
Management District’s (SCAQMD) San Francisco, California. While all dates that they were adopted by the
portion of the California State documents in the docket are listed in SCAQMD and submitted by the
Implementation Plan (SIP). These the index, some information may be California Air Resources Board (CARB).


Local agency Rule No. Rule title Adopted Submitted

SCAQMD ................................... 2000 General ........................................................................................ 05/06/05 10/20/05

SCAQMD ................................... 2001 Applicability .................................................................................. 05/06/05 10/20/05
SCAQMD ................................... 2002 Allocations for Oxides of Nitrogen (NOX) and Oxides of Sulfur 01/07/05 12/21/05
SCAQMD ................................... 2005 New Source Review for Trading Requirements .......................... 05/06/05 10/20/05
SCAQMD ................................... 2007 Trading Requirements ................................................................. 05/06/05 10/20/05
SCAQMD ................................... 2010 Administrative Remedies and Sanctions ..................................... 01/07/05 07/15/05
SCAQMD ................................... 2011 Requirements for Monitoring, Reporting, and Recordkeeping for 01/07/05 07/15/05
Oxides of Sulfur (SOX) Emissions.
SCAQMD ................................... 1 2011 Appendix A: Protocol for Monitoring, Reporting, and Record- 05/06/05 10/20/05
keeping for Oxides of Sulfur (SOX) Emissions, Chapter 1.
SCAQMD ................................... 1 2011 Appendix A: Protocol for Monitoring, Reporting, and Record- 01/07/05 07/15/05
keeping for Oxides of Sulfur (SOX) Emissions, Chapters 2–6
and Attachments A–F.
SCAQMD ................................... 2012 Requirements for Monitoring, Reporting, and Recordkeeping for 01/07/05 07/15/05
Oxides of Nitrogen (NOX) Emissions.
SCAQMD ................................... 1 2012 Appendix A—Protocol for Monitoring, Reporting, and Record- 05/06/05 10/20/05
keeping for Oxides of Nitrogen (NOX) Emissions, Chapter 1.
SCAQMD ................................... 2012 Appendix A (Protocol for Monitoring, Reporting, and Record- 01/07/05 07/15/05
keeping for Oxides of Nitrogen (NOX) Emissions, Chapters
2–8 and Attachments A–G.
1 Protocol Appedix A.
cprice-sewell on PROD1PC66 with RULES

In EPA’s proposed approval, we did 1 of Rule 2012 Protocol Appendix A remaining portions of those rules were
not clarify that only Chapter 1 of Rule were adopted on May 6, 2005 and adopted on January 7, 2005 and
2011 Protocol Appendix A and Chapter submitted on October 20, 2005. The submitted on July 15, 2005.

VerDate Aug<31>2005 16:12 Aug 28, 2006 Jkt 208001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\29AUR1.SGM 29AUR1