Federal Register / Vol. 81, No. 132 / Monday, July 11, 2016 / Rules and Regulations 44795 

1Chapter V, Subchapter 5–20 National Emission 

Standards for Hazardous Air Pollutants (NESHAP) 

for Source Categories is not Federally approved. 

For the reasons set out in the 

preamble, VA amends 38 CFR part 38 as 

follows: 

PART 38—NATIONAL CEMETERIES 

OF THE DEPARTMENT OF VETERANS 

AFFAIRS 

■ 1. Revise the authority citation for part 

38 to read as follows: 

Authority: 38 U.S.C. 107, 501, 512, 2306, 

2402, 2403, 2404, 2407, 2408, 2411, 7105. 

■ 2. In § 38.603, revise paragraph (b) 

and add an authority citation to read as 

follows: 

§ 38.603 Gifts and donations. 

* * * * * 

(b) The Under Secretary of Memorial 

Affairs, or his designee, may solicit gifts 

and donations, which include monetary 

donations, in-kind goods and services, 

and personal property, or authorize the 

use of their names, the name of the 

Secretary, or the name of the 

Department of Veterans Affairs by an 

individual or organization in any 

campaign or drive for donation of 

money or articles to the Department of 

Veterans Affairs for the purpose of 

beautifying, or for the benefit of, one or 

more national cemeteries. 

Authority: 38 U.S.C. 2407. 

[FR Doc. 2016–16234 Filed 7–8–16; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2016–0045; FRL–9948–84– 

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: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a revision submitted by 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. This final 

action will reflect updates to the Iowa’s 

statewide rules previously approved by 

EPA and will ensure consistency 

between applicable local agency rules 

and Federally-approved rules. 

DATES: This final rule is effective on 

August 10, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2016–0045. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. 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 electronically at http://

www.regulations.gov and at EPA Region 

7, 11201 Renner Boulevard, Lenexa, 

Kansas 66219. Please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

For additional information and general 

guidance, please visit http://

www2.epa.gov/dockets/commentingepa-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. EPA’s Response to Comments 

IV. What action is EPA taking? 

I. What is being addressed in this 

document? 

The State of Iowa requested EPA 

approval of revisions to the local 

agency’s rules and regulations, Chapter 

V, Air Pollution, as a revision to the 

State Implementation Plan (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 (MACT) 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. The definition of 

MACT is not referenced elsewhere in 

Polk County’s Federally approved 

rules.1

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 

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, the revision meets 

the substantive SIP requirements of the 

CAA, including section 110 and 

implementing regulations. 


ehiers on DSK5VPTVN1PROD with RULES
44796 Federal Register / Vol. 81, No. 132 / Monday, July 11, 2016 / Rules and Regulations 

III. EPA’s Response to Comments 

The public comment period on EPA’s 

proposed regulation opened February 

16, 2016, the date of its publication in 

the Federal Register, and closed on 

March 18, 2016. (81 FR 8030). During 

this period, EPA received one comment, 

with two separate issues, that are 

addressed as follows: 

Comment: First, the commenter stated 

that it was not clear if the Polk County 

local air agency issues Prevention of 

Significant (PSD) permits for Polk 

County or if the state agency issues PSD 

permits. Second, the commenter stated 

that the SIP submission contained an 

illegal startup, shutdown, malfunction 

(SSM) exemption and that EPA could 

not approve the SIP submission until 

the SSM exemption was removed. 

Response to comment: First, Iowa has 

a delegated PSD program that is not 

delegated to local air agencies. 72 FR 

27056, May 14, 2007. PSD permits are 

only issued by the Iowa Department of 

Natural Resources. No changes will be 

made in response to this comment. 

Second, in response to the 

commenter’s concern that the SIP 

contains an illegal SSM exemption in 

Article VI, Section 5–17(a) of the Polk 

County Board of Health Rules and 

Regulations, the revisions to the Iowa 

SIP that EPA is approving are 

definitions and construction permitting 

exemptions that do not relate to 

automatic exemptions from otherwise 

applicable SIP emissions limitations 

during periods of startup, shutdown or 

malfunction. In addition, in response to 

the commenter’s concern, Iowa 

requested that the EPA not act on a 

reference in the Polk County Board of 

Health Rules and Regulations to 567 

Iowa Administrative Code (IAC) Chapter 

24, as a subsection of that provision is 

subject to EPA’s June 12, 2015 SSM SIP 

Call. 80 FR 33839. 

IV. What action is EPA taking? 

EPA is taking final action to approve 

this SIP revision to update the Polk 

County board of Health Rules and 

Regulations, Chapter V, Air Pollution. 

This final action will reflect updates to 

the Iowa’s statewide rules previously 

approved by EPA and will ensure 

consistency between applicable local 

agency rules and Federally-approved 

rules. 

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 http://

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 

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 September 9, 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: June 22, 2016. 

Mark Hague, 

Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency amends 40 CFR part 52 as set 

forth below: 


ehiers on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 81, No. 132 / Monday, July 11, 2016 / Rules and Regulations 44797 

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. In § 52.820 the table in paragraph 

(c) is amended by revising the entry for 

‘‘Chapter V’’ under the heading ‘‘Polk 

County’’ 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 ............................ 7/11/16, [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. 2016–16262 Filed 7–8–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 721 

[EPA–HQ–OPPT–2015–0810; FRL–9947–33] 

RIN 2070–AB27 

Significant New Use Rules on Certain 

Chemical Substances; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correction. 

SUMMARY: EPA issued a final rule in the 

Federal Register of May 16, 2016 for 55 

chemical substances that were the 

subject of premanufacture notices 

(PMNs). For the chemical substance 

identified generically as aluminum 

calcium oxide salt (PMN P–15–328), 

EPA inadvertently omitted the de 

minimus exemption from the worker 

protection requirements. Also for the 

same chemical substance, a 

typographical error has been identified 

within the hazard communication 

program requirements. This document 

corrects the omission and the 

typographical error. 

DATES: This correction is effective July 

15, 2016. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2015–0810, is 

available at http://www.regulations.gov 

or at the Office of Pollution Prevention 

and Toxics Docket (OPPT Docket), 

Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPPT 

Docket is (202) 566–0280. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Kenneth 

Moss, Chemical Control Division, Office 

of Pollution Prevention and Toxics, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(202) 564–9232; email address: 

moss.kenneth@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCA-Hotline@

epa.gov. 

SUPPLEMENTARY INFORMATION:

I. Does this action apply to me? 

The Agency included in the May 16, 

2016 final rule a list of those who may 

be potentially affected by this action. 

II. What does this correction do? 

EPA issued a final rule in the Federal 

Register of May 16, 2016 (81 FR 30477) 

(FRL–9944–77) for significant new uses 

for 55 chemical substances that were the 

subject of PMN notices. EPA omitted the 

de mimimus exemption of 1.0% from 

the worker protection requirements for 

§ 721.10908(a)(2)(i). EPA also, within 

the hazard communication program 

requirements for § 721.10908(a)(2)(ii), 

misspelled a word. In that section, the 

word ‘‘trhough’’ should read ‘‘through.’’ 

This action corrects the omission and 

the typographical error. 

III. Why is this correction issued as a 

final rule? 

Section 553 of the Administrative 

Procedure Act (APA) (5 U.S.C. 

553(b)(3)(B)) provides that, when an 


ehiers on DSK5VPTVN1PROD with RULES