7978 Federal Register / Vol. 81, No. 31 / Wednesday, February 17, 2016 / Rules and Regulations 

EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE NEW MEXICO SIP 

Name of SIP provision Applicable geographic 

or nonattainment area 

State 

submittal/ 

effective date 

EPA approval date Explanation 

*******

Infrastructure and Interstate Transport for the 

2010 SO2 NAAQS.

Albuquerque-Bernalillo 

County.

6/11/2015 2/17/16 [Insert FR page 

number where document begins].

[FR Doc. 2016–03117 Filed 2–16–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2016–0045; FRL–9942–37– 

Region 7] 

Approval of Iowa’s Air Quality 

Implementation Plans; Polk County 

Board of Health Rules and 

Regulations, Chapter V, Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving revisions to 

the State Implementation Plan (SIP) for 

the State of Iowa. The purpose of these 

revisions is to update the Polk County 

Board of Health Rules and Regulations, 

Chapter V, Air Pollution. The revisions 

reflect updates to the Iowa statewide 

rules previously approved by EPA and 

will ensure consistency between the 

applicable local agency rules and 

Federally-approved rules. 

DATES: This direct final rule will be 

effective April 18, 2016, without further 

notice, unless EPA receives adverse 

comment by March 18, 2016. 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–2016–0045, to http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

EPA may publish any comment received 

to its public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. The EPA will 

generally not consider comments or 

comment contents located outside of the 

primary submission (i.e. on the Web, 

cloud, or other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Heather Hamilton, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 

(913) 551–7039, or by email at 

hamilton.heather@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

or ‘‘our’’ refer to EPA. This section 

provides additional information by 

addressing the following: 

I. What is being addressed in this 

document? 

II. Have the requirements for approval of a 

SIP revision been met? 

III. What action is EPA taking? 

I. What is being addressed in this 

document? 

The State of Iowa has requested EPA 

approval of revisions to the local 

agency’s rules and regulations, Chapter 

V, Air Pollution, as a revision to the SIP. 

In order for the local program’s Air 

Pollution rules to be incorporated into 

the Federally-enforceable SIP, on behalf 

of the local agency, the state must 

submit the formally adopted regulations 

and control strategies, which are 

consistent with the state and Federal 

requirements, to EPA for inclusion in 

the SIP. The regulation adoption process 

generally includes public notice, a 

public comment period and a public 

hearing, and formal adoption of the rule 

by the state authorized rulemaking 

body. In this case, that rulemaking body 

is the local agency. After the local 

agency formally adopts the rule, the 

local agency submits the rulemaking to 

the state, and then the state submits the 

rulemaking to EPA for consideration for 

formal action (inclusion of the 

rulemaking into the SIP). EPA must 

provide public notice and seek 

additional public comment regarding 

the proposed Federal action on the 

state’s submission. 

EPA received the request from the 

state to adopt revisions to the local air 

agency rules into the SIP on December 

8, 2015. The revisions were adopted by 

the local agency on October 6, 2015, and 

became effective on October 12, 2015. 

EPA is approving the requested 

revisions to the Iowa SIP relating to the 

following: 

• Article I. In General, Section 5–1. 

Purpose and Ambient Air Quality 

Standards; 

• Article I. In General, Section 5–2. 

Definitions; 

• Article X. Permits, Division 1. 

Construction Permits, Section 5–33. 

Exemptions from Permit Requirements; 

• Article X. Permits, Division 2. 

Operating Permits, Section 5–39. 

Exemptions from Permit Requirement. 

EPA’s action does not cover revisions to: 

• Article VI. Emission of Air 

Contaminants from Industrial Processes, 

New Source Performance Standards, 

Section 5–16(n), 

• Article VIII. National Emission 

Standards for Hazardous Air Pollutants 

for Source Categories, Section 5–16(p), 

and, 

• Article VIII. National Emission 

Standards for Hazardous Air Pollutants 

for Source Categories, Section 5–20. 

EPA is also approving the definition 

of Maximum Achievable Control 

Technology that was inadvertently 

omitted from the January 12, 2015, 

Federal Register notice that approved 

the September 2013 revisions to the 

Polk County Board of Health Rules and 

Regulations, Chapter V, Air Pollution. 

80 FR 1471. 

II. Have the requirements for approval 

of a SIP revision been met? 

The state submission has met the 

public notice requirements for SIP 

submissions in accordance with 40 CFR 

51.102. The submission also satisfied 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 81, No. 31 / Wednesday, February 17, 2016 / Rules and Regulations 7979 

the completeness criteria of 40 CFR part 

51, appendix V. In addition, as 

explained previously and in more detail 

in the technical support document 

which is part of this docket, the revision 

meets the substantive SIP requirements 

of the CAA, including section 110 and 

implementing regulations. 

III. What action is EPA taking? 

We are taking direct final action to 

approve the revisions to the Polk 

County Board of Health Rules and 

Regulations, Chapter V, Air Pollution. 

The local agency routinely revises its 

Air Pollution regulations to be 

consistent with the Federally-approved 

Iowa Administrative Code. 

The local agency’s Air Pollution rules 

are consistent with state and Federal 

regulations and are revised as follows: 

Article I, section 5–1(c) is revised to 

cite the cross reference to stateapproved rules at (455B). The definition 

‘‘Responsible official’’ was added to 

article I, section 5–2, the definition for 

‘‘Volatile Organic Compounds’’ was 

revised to cite the most recent federal 

reference. 

Article X, division 1, Construction 

Permits, section 5–33, Exemptions from 

Permit Requirements, and article X, 

division 2, Operating Permits, section 

5–39, Exemptions from Permit 

Requirements, were revised to add an 

introductory paragraph stating that the 

permitting exemptions of these sections 

do not relieve the owner or operator of 

any source from any obligation to 

comply with any other applicable 

requirements. 

Article X, division 1, Construction 

Permits, section 5–33, Exemptions from 

Permit Requirements, and article X, 

division 2, Operating Permits, section 

5–39, Exemptions from Permit 

Requirements, were revised to add 

recordkeeping requirements to the 

exemption for electric hand soldering, 

wave soldering and electric solder paste 

reflow ovens, and the exemption for 

emissions from mobile internal 

combustion engines at equipment repair 

shops or equipment dealerships was 

revised to add emissions from over-theroad trucks. 

Article X, division 1, Construction 

Permits, section 5–33, Exemptions from 

Permit Requirements, and article X, 

division 2, Operating Permits, section 

5–39, Exemptions from Permit 

Requirements, were revised to add three 

additional exemptions as follows: 

Equipment that is not related to the 

production of goods or services and 

used exclusively for academic purposes, 

located at educational institutions as 

defined in Iowa Code section 455B.161; 

any container, storage tank, or vessel 

that contains fluid having a maximum 

true vapor pressure of less than 0.75 

psia, and fugitive dust emissions related 

to movement of passenger vehicles on 

unpaved road surfaces. Details of the 

three additional exemptions and other 

Polk County revisions can be found in 

the Technical Support Document in the 

docket of this rulemaking. 

With this SIP action, EPA is also 

approving the definition of Maximum 

Achievable Control Technology 

(MACT). The MACT definition was 

included in the September 2013 SIP 

submission for Polk County; however, 

EPA inadvertently omitted the 

definition from the Federal Register 

notice. 80 FR 1471, January 12, 2015. 

The definition of MACT is consistent 

with the Federally-approved Iowa SIP. 

We are publishing this rule without a 

prior proposed rule because we view 

this as a noncontroversial action and 

anticipate no adverse comment because 

the revisions are largely administrative 

and consistent with Federal regulations. 

However, in the ‘‘Proposed Rules’’ 

section of today’s Federal Register, we 

are publishing a separate document that 

will serve as the proposed rule to 

approve the SIP revision if adverse 

comments are received on this direct 

final rule. We will not institute a second 

comment period on this action. Any 

parties interested in commenting must 

do so at this time. For further 

information about commenting on this 

rule, see the ADDRESSES section of this 

document. If EPA receives adverse 

comment, we will publish a timely 

withdrawal in the Federal Register 

informing the public that this direct 

final rule will not take effect. We will 

address all public comments in any 

subsequent final rule based on the 

proposed rule. 

Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of the Iowa Regulations 

described in the direct final 

amendments to 40 CFR part 52 set forth 

below. EPA has made, and will continue 

to make, these documents generally 

available electronically through 

www.regulations.gov and at the 

appropriate EPA office (see the 

ADDRESSES section of this preamble for 

more information). 

Statutory and Executive Order Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• 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); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

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 


asabaliauskas on DSK5VPTVN1PROD with RULES
7980 Federal Register / Vol. 81, No. 31 / Wednesday, February 17, 2016 / Rules and Regulations 

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). 

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 April 18, 2016. 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 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, Intergovernmental 

relations, Incorporation by reference, 

Reporting and recordkeeping 

requirements. 

Dated: February 1, 2016. 

Mark Hague, 

Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 52 

as set forth below: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart Q—Iowa 

■ 2. Amend § 52.820(c) by revising in 

the table under ‘‘Polk County’’ the entry 

for ‘‘Chapter V’’ 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] 

*******

Polk County 

CHAPTER V .......... Polk County Board of Health 

Rules and Regulations Air 

Pollution Chapter V.

10/12/15 2/17/16, [Insert Federal 

Register citation].

Article I, Section 5–2, definition of ‘‘variance,’’ ‘‘anaerobic lagoon,’’ and ‘‘greenhouse gases’’; Article III, Incineration and 

Open Burning, Section 5–7(d) Variance 

Application; Article VI, Sections 5–16(n), 

(o) and (p); Article VIII; Article IX, Sections 

5–27(3) and (4); Article X, Section 5–28, 

subsections (a) through (c), and Article X, 

Section 5–35(b)(5); Article XIII; and Article 

XVI, Section 5–75 are not part of the SIP. 

Article VI, Section 5–17, adopted by Polk 

County on 7/26/2011, is not part of the 

SIP, and the previously approved version 

of Article VI, Section 5–17 remains part of 

the SIP. 

* * * * * 

[FR Doc. 2016–03108 Filed 2–16–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2013–0613; FRL–9942–30– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; State of New 

Mexico/Albuquerque-Bernalillo 

County; Infrastructure and Interstate 

Transport SIP 2010 Nitrogen Dioxide 

National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) submission 

from the Governor of New Mexico for 

the City of Albuquerque-Bernalillo 

County for the 2010 Nitrogen Dioxide 

(NO2) National Ambient Air Quality 

Standards (NAAQS). The submittal 

addresses how the existing SIP provides 

for implementation, maintenance, and 

enforcement of the 2010 NO2 NAAQS 

(infrastructure SIP or i-SIP). This i-SIP 

ensures that the State’s SIP for 

Albuquerque-Bernalillo County is 

adequate to meet the state’s 

responsibilities under the Federal Clean 

Air Act (CAA or Act), including the four 


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