Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Rules and Regulations 12595 

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). 

In addition, 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 May 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. Parties with objections to this 

direct final rule are encouraged to file a 

comment in response to the parallel 

notice of proposed rulemaking for this 

action published in the proposed rules 

section of today’s Federal Register, 

rather than file an immediate petition 

for judicial review of this direct final 

rule, so that EPA can withdraw this 

direct final rule and address the 

comment in the proposed rulemaking. 

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, Nitrogen 

dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: February 22, 2016. 

Robert A. Kaplan, 

Acting Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

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. 

■ 2. Section 52.1885 is amended by 

adding paragraph (mm) to read as 

follows: 

§ 52.1885 Control Strategy: Ozone. 

* * * * * 

(mm) On July 18, 2014, Ohio 

submitted 2008 volatile organic 

compounds and oxides of nitrogen 

emission inventories for the ClevelandAkron-Lorain and Columbus ozone 

nonattainment areas and for the Ohio 

portion of the Cincinnati, OhioKentucky-Indiana ozone nonattainment 

areas as revisions to the Ohio state 

implementation plan. The documented 

emission inventories are approved as a 

revision of the state’s implementation 

plan, meeting emission inventory 

requirements for the 2008 ozone 

national ambient air quality standard. 

[FR Doc. 2016–05273 Filed 3–9–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2014–0642; FRL–9943–43– 

Region 6] 

Approval and Promulgation of Air 

Quality Implementation Plans; New 

Mexico; and Albuquerque/Bernalillo 

County; Revisions To Establish Small 

Business Stationary Source Technical 

and Environmental Compliance 

Assistance Programs 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving revisions to 

the New Mexico State Implementation 

Plan (SIP) for both the State and 

Albuquerque/Bernalillo County. These 

revisions establish Small Business 

Stationary Source Technical and 

Environmental Compliance Assistance 

Programs. The EPA is approving these 

revisions pursuant to section 110 and 

section 507(a) of the Clean Air Act 

(CAA). 

DATES: This rule is effective on May 9, 

2016 without further notice unless EPA 

receives relevant adverse comments by 

April 11, 2016. If EPA receives such 

comments, EPA will publish a timely 

withdrawal in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2014–0642, at http://

www.regulations.gov or via email to 

walser.john@epa.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The 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, please 

contact John Walser, 214–665–7128, 

walser.john@epa.gov. For 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/commentingepa-dockets. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index and in hard copy at EPA Region 

6, 1445 Ross Avenue, Suite 700, Dallas, 

Texas. While all documents in the 

docket are listed in the index, some 

information may be publicly available 

only at the hard copy location (e.g., 

copyrighted material), and some may 

not be publicly available at either 

location (e.g., CBI). 

FOR FURTHER INFORMATION CONTACT: Mr. 

John Walser (6PD–L), (214) 665–7128, 

walser.john@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ means EPA. 


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12596 Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Rules and Regulations 

1U.S. EPA, ‘‘Guidelines for the Implementation of 

Section 507 of the 1990 Clean Air Act 

Amendments’’ (January 1992) at vii. 

2August 28, 2015 Letter from Ryan Flynn, 

Secretary, State of New Mexico Environment 

Department, to Ron Curry, Regional Administrator 

for EPA Region 6, to withdraw the CAP from the 

1992 SIP submittal. 

Table of Contents 

I. Background 

A. What is a SIP? 

B. Small Business Assistance Program 

(SBAP) 

II. Overview of the November 5 and 

November 16, 1992 State Submittals 

A. New Mexico 

B. Albuquerque 

C. General 

III. Plan Requirements and Our Evaluation 

A. Small Business Assistance Program 

B. Ombudsman 

C. Compliance Assistance Panel (CAP) 

D. Eligibility 

E. Section 110(l) 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. Background 

A. What is a SIP? 

Section 110 of the CAA requires states 

to develop air pollution regulations and 

control strategies to ensure that air 

quality meets the National Ambient Air 

Quality Standards (NAAQS) established 

by EPA. The NAAQS are established 

under section 109 of the CAA and 

currently address six criteria pollutants: 

Carbon monoxide, nitrogen dioxide, 

ozone, lead, particulate matter, and 

sulfur dioxide. A SIP is a set of air 

pollution regulations, control strategies, 

other means or techniques, and 

technical analyses developed by the 

state, to ensure that air quality in the 

state meets the NAAQS. It is required by 

section 110 and other provisions of the 

CAA. A SIP protects air quality 

primarily by addressing air pollution at 

its point of origin. SIPs can be extensive, 

containing state regulations or other 

enforceable documents, and supporting 

information such as city and county 

ordinances, monitoring networks, and 

modeling demonstrations. Each state 

must submit any SIP revision to EPA for 

approval and incorporation into the 

federally-enforceable SIP. 

The New Mexico SIP includes a 

variety of control strategies, including 

the regulations that outline general 

provisions applicable to and 

implemented by the Albuquerque/

Bernalillo County Air Quality Control 

Board (AQCB). 

B. Small Business Assistance Program 

Implementation of the provisions of 

the CAA, as amended in 1990, requires 

regulation of many small businesses so 

that areas may attain and maintain the 

national ambient air quality standards 

(NAAQS) and reduce the emissions of 

air toxics. Small businesses frequently 

lack the technical expertise and 

financial resources necessary to evaluate 

state regulations and to determine the 

appropriate mechanisms for 

compliance. Congress anticipated the 

impact of these requirements on small 

businesses and, accordingly, required in 

CAA section 507 that each state submit 

a SIP revision with plans for 

establishing a Small Business Stationary 

Source Technical and Environmental 

Compliance Assistance Program 

(Program). A key Program requirement 

outlined in CAA section 507(a), is the 

establishment of a Small Business 

Assistance Program (SBAP) to provide 

technical and compliance assistance to 

small businesses. In January 1992, the 

EPA issued ‘‘Guidelines for the 

Implementation of Section 507 of the 

1990 Clean Air Act Amendments,’’ in 

order to delineate the Federal and State 

roles in meeting the new statutory 

provisions, and as a tool to provide 

further guidance to states on submitting 

acceptable SIP revisions. That guidance 

described the SBAP as the ‘‘core’’ of a 

state’s Program, because the SBAP is, 

‘‘where the actual assistance to small 

businesses occurs.’’ 1

II. Overview of the November 5 and 

November 16, 1992 State Submittals 

A. New Mexico 

On November 5, 1992, the Governor 

of New Mexico submitted revisions to 

the New Mexico SIP to establish the 

Program. The submittal was adopted by 

the Environmental Improvement Board 

(EIB) on October 9, 1992, consistent 

with the public notice requirements of 

CAA section 110(l). The revisions 

established a Program for the State of 

New Mexico, excluding Albuquerque/

Bernalillo County. 

The November 5, 1992 revisions to 

the SIP were in the form of a narrative 

commitment for full implementation of 

the Program by November 15, 1994 and 

a commitment to coincide with the 

effective date of the State’s operating 

permit program. The Ombudsman 

(Director of Strategic Initiatives and 

Special Projects) is located in the Office 

of the NMED Secretary and was 

appointed before November 15, 1994, to 

represent the interests of small 

businesses, as they relate to the 

implementation of Section 507(a)(3) of 

the CAA. 

In addition to designating a State 

Ombudsman to satisfy CAA section 

507(a)(3), the State submitted its plans 

for the creation of a state SBAP. The 

State explained that the technical 

component of the SBAP would consist 

of state technical experts who would 

respond to requests for assistance from 

small businesses. The state explained 

that these technical staff would be 

located in the Air Quality Bureau’s 

Planning Section, and would respond to 

permitting and compliance questions. 

As part of the SBAP, New Mexico’s 

submission detailed the adequate 

mechanisms and procedures that would 

satisfy the remaining requirements of 

CAA section 507(a)(1)–(2), (4)–(7). 

B. Albuquerque 

On November 16, 1992, The Governor 

of New Mexico submitted revisions to 

the New Mexico SIP for Albuquerque/

Bernalillo County. The submittal was 

adopted by the Air Quality Control 

Board on October 7, 1992, consistent 

with the public notice requirements of 

CAA section 110(l). The revisions 

establish the Small Business Stationary 

Source Technical and Environmental 

Compliance Program for Albuquerque/

Bernalillo County. 

The November 16, 1992 revisions to 

the SIP were in the form of a narrative 

commitment for full implementation of 

the SBAP by November 15, 1994 and a 

commitment to coincide with the 

effective date of the State’s operating 

permit program. The Small Business 

Ombudsman is in the office of the 

Albuquerque Environmental Health 

Director (AEHD). The establishment of a 

SBAP for providing technical and 

compliance assistance to small 

businesses was committed to be in the 

AEHD Air Pollution Control Division’s 

Planning Section to give small 

businesses correct technical, permitting 

and compliance information for all 

applicable CAA requirements. 

C. General 

In an August 28, 2015 letter, the State 

of New Mexico withdrew the elements 

of the 1992 SIP pertaining to the 

Compliance Assistance Panel (CAP), a 

requirement of CAA section 507(e) that 

EPA has historically viewed as a 

required component of the Program. 

Since the New Mexico legislature 

created one CAP for both the State and 

Albuquerque/Bernalillo County, the 

withdrawal, therefore, applies to both 

the State and Albuquerque/Bernalillo 

County.2

Through an administrative oversight, 

these SIP revisions were not acted upon 

when submitted. EPA is now moving 

forward to take action on these revisions 

as part of our national SIP backlog 

reduction efforts. 


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Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Rules and Regulations 12597 

3Notably, section 507(a) sets forth seven 

requirements, in subsections (1)–(7). The third of 

these, section 507(a)(3), requires the establishment 

of an Ombudsman Office—a key Program element. 

The Ombudsman requirement of section 507(a)(3) is 

discussed in the next section. 

4See CAA section 507(a)(1). 

5See id. section 507(a)(2). 

6See id. section 507(a)(4). 

7See id. section 507(a)(5). 

8See id. section 507(a)(6). 

9See id. section 507(a)(7). 

10See id. section 507(e)(1). 

11See id. section 507(e)(2). 

12See Memorandum from William L. Wehrum, 

Acting Assistant Administrator, to Air Division 

Directors, Regions I–X (September 7, 2005) 

Continued 

III. Plan Requirements and Our 

Evaluation 

Section 507 of the CAA describes 

three broad sets of requirements: (1) The 

establishment of a Small Business 

Assistance Program (SBAP) to provide 

technical and compliance assistance to 

small businesses; (2) the establishment 

of a State Small Business Ombudsman 

to represent the interests of small 

business in the regulatory process; and 

(3) the creation of a Compliance 

Advisory Panel (CAP) ‘‘on the State 

level’’ to determine and report on the 

overall effectiveness of the SBAP. 

A. Small Business Assistance Program 

The overarching purpose of 

establishing an SBAP is to provide 

technical and compliance assistance to 

small businesses. As interpreted by 

EPA, CAA section 507(a) sets forth six 

requirements which must be met by the 

State in order to have an approvable 

SBAP.3 The first SBAP requirement is 

for the State to establish adequate 

mechanisms for developing, collecting 

and coordinating information 

concerning compliance methods and 

technologies for small business 

stationary sources, and programs to 

encourage lawful cooperation among 

such sources and other persons to 

further compliance with the CAA.4

The second SBAP requirement is that 

the State establish adequate 

mechanisms for assisting small business 

stationary sources with pollution 

prevention and accidental release 

detection and prevention, including 

providing information concerning 

alternative technologies, process 

changes, products and methods of 

operation that help reduce air 

pollution.5

The third SBAP requirement is to 

develop a compliance and technical 

assistance program for small business 

stationary sources which assists small 

businesses in determining applicable 

requirements and in receiving permits 

under the Act in a timely and efficient 

manner.6

The fourth SBAP requirement is to 

develop adequate mechanisms to assure 

that small business stationary sources 

receive notice of their rights under the 

CAA in such manner and form as to 

assure reasonably adequate time for 

such sources to evaluate compliance 

methods or final regulation or standards 

issued under the Act.7

The fifth SBAP requirement is to 

develop adequate mechanisms for 

informing small business stationary 

sources of their obligation under the 

CAA, including mechanisms for 

referring such sources to qualified 

auditors or, at the option of the State, for 

providing audits of operations of such 

sources to determine compliance with 

the CAA.8

The sixth SBAP requirement is to 

develop procedures for consideration of 

requests from a small business 

stationary source for modification of: 

(A) Any work practice or technological 

method of compliance; or (B) the 

schedule of milestones for 

implementing such work practice or 

method of compliance preceding any 

applicable compliance date based on the 

technological and financial capability of 

any such small business stationary 

source.9

The SIP narratives for both the State 

and Albuquerque/Bernalillo County 

discuss how their respective SBAPs 

meet the above requirements, and 

include further information about how 

each entity expects to implement and 

maintain their Programs. Further 

explanation of our analysis of the 

adequacy of the submissions with 

respect to the SBAP requirements can be 

found in the TSD for this action. 

B. Ombudsman 

Section 507(a) also requires states to 

establish a State Small Business 

Ombudsman to represent the interests of 

small businesses in the regulatory 

process. CAA section 507(a)(3) requires 

the designation of a State office to serve 

as the Ombudsman for small business 

stationary sources. The State has met 

this requirement by appointing an 

Ombudsman in the Office of the NMED 

Secretary in 1992. Albuquerque/

Bernalillo County met this requirement 

by committing to appoint an 

Ombudsman in the Office of the 

Albuquerque Environmental Health 

Department before the November 15, 

1994 statutory deadline. 

C. Compliance Advisory Panel (CAP) 

In addition to the SBAP and 

Ombudsman, CAA section 507 

envisions the creation of a Compliance 

Advisory Panel (CAP) ‘‘on the State 

level’’ to, among other things, evaluate 

and report on the overall effectiveness 

of the SBAP.10 Congress narrowly 

prescribed the membership of the CAP, 

including which state officials would be 

responsible for appointing members 

representing various interests.11 At the 

time of the submittal in 1992, the New 

Mexico program included a statewide 

CAP that met these stringent 

requirements, and which New Mexico 

believed was a required Program 

element because of EPA’s 1992 Program 

Guidance. Since that time, however, and 

after having a CAP in place for over 10 

years, the State did not continue to 

operate a CAP. As mentioned 

previously, the State withdrew the 

portions of its SIP submission regarding 

the CAP in a letter dated August 28, 

2015, a copy of which may be found in 

the docket for this action. 

Although EPA has historically viewed 

the CAP as a necessary component of a 

Program, the Agency no longer believes 

that to be the case. In CAA section 

507(a), Congress directed that EPA 

‘‘shall approve’’ a Program if it meets 

the criteria outlined in section 

507(a)(1)–(7). The requirement for the 

creation of a CAP, located in section 

507(e), is not one of those criteria. This 

distinguishes the CAP from the 

requirements to designate a state office 

to serve as Ombudsman or to establish 

an SBAP, which are criteria for Program 

approval in CAA section 507(a). 

Although a State may submit a CAP for 

inclusion as a component of its 

Program—and indeed, EPA still believes 

that CAPs serve an important role in the 

continued operational success of a 

Program—Congress, in locating the CAP 

requirement in section 507(e), 

envisioned that the requirement to 

create a CAP would be severable from 

the Program requirements outlined in 

section 507(a). Accordingly, New 

Mexico’s withdrawal of the CAP portion 

of its SIP submission does not prevent 

EPA from acting on the remainder of the 

submission. EPA believes that New 

Mexico, including Albuquerque/

Bernalillo County, continues to operate 

a robust SBAP providing the required 

services to eligible small businesses. 

Before taking an action that, as here, 

differs from past guidance or practice, 

EPA’s internal practices direct Regional 

Offices to follow a SIP consistency 

process to ensure consistency in across 

regional actions. The SIP consistency 

process was established in 1995 as part 

of the delegation to Regional 

Administrators of SIPs and SIP revision 

approval/disapprovals actions.12


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12598 Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Rules and Regulations 

(outlining the process). A copy of that 

memorandum is included in the docket. 

Pursuant to 40 CFR 56.6(b) and the 

SIP consistency guidelines, EPA Region 

6 followed this process. Pursuant to the 

SIP consistency process, EPA Region 6 

consulted with all other EPA regional 

offices, the Office of Air and Radiation, 

and the Office of General Counsel. 

Region 6 received no objections to this 

shift in approach. 

EPA is approving the New Mexico 

and Albuquerque Small Business 

Assistance Programs as revised with the 

withdrawal of the element relating to 

the CAP. Approval in the SIP will 

support state and local efforts to 

maintain their respective Programs. 

D. Eligibility 

While not a required Program 

element, it is also important that the SIP 

establishes criteria and procedures for 

determining the eligibility of a source to 

receive assistance under the Program. 

Section 507(c)(1) of the CAA defines the 

term ‘‘small business stationary source’’ 

as a stationary source that: 

(a) Is owned or operated by a person 

who employs 100 or fewer individuals; 

(b) Is a small business concern as 

defined in the Small Business Act; 

(c) Is not a major stationary source; 

(d) Does not emit 50 tons per year 

(tpy) or more of any regulated pollutant; 

and 

(e) Emits less than 75 tpy of all 

regulated pollutants. 

The State of New Mexico has 

established a mechanism for 

ascertaining the eligibility of a source to 

receive assistance under the Program, 

including an evaluation of a source’s 

eligibility using the criteria in section 

507(c)(1) of the CAA. This mechanism 

is described in the state’s narrative SIP 

revision. 

The State has also provided for 

exclusion from the small business 

stationary source definition, after 

consultation with the EPA and the 

Small Business Administration 

Administrator and after providing 

notice and opportunity for public 

hearing, of any category or subcategory 

of sources that the State determines to 

have sufficient technical and financial 

capabilities to meet the requirements of 

the CAA. 

E. Section 110(l) 

Section 110(l) of the Act provides that 

a SIP revision must be adopted by a 

State after reasonable notice and public 

hearing. The submitted revisions 

address the City of Albuquerque/

Bernalillo County and the State of New 

Mexico’s Small Business Assistance 

Programs, as discussed in Section II of 

this preamble. Additionally, CAA 

section 110(l) states that the EPA cannot 

approve a SIP revision if that revision 

would interfere with any applicable 

requirement regarding attainment, 

reasonable further progress (RFP) or any 

requirement established in the CAA. 

The revisions do not interfere with any 

applicable requirement. To the contrary, 

they enhance the current SIP by 

providing for technical and compliance 

assistance for small businesses. 

IV. Final Action 

Pursuant to sections 110 and 507 of 

the Act, EPA is approving through a 

direct final action, revisions to the New 

Mexico SIP that were submitted on 

November 5, 1992 and November 16, 

1992. We evaluated the state’s 

submittals and determined that they 

meet the applicable requirements of the 

CAA section 507(a). Also, in accordance 

with CAA section 110(l), the proposed 

revisions will not interfere with 

attainment of the NAAQS, reasonable 

further progress, or any other applicable 

requirement of the CAA. Finally, this 

approval is in accordance with 40 CFR 

56.6(b) and our SIP consistency 

guidelines. These revisions do not apply 

to Indian lands over which the State or 

the AQCB lacks jurisdiction. 

EPA is publishing this rule without 

prior proposal because we view these as 

non-controversial amendments and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

SIP revision if relevant adverse 

comments are received. This rule will 

be effective on May 9, 2016 without 

further notice unless we receive relevant 

adverse comments by April 11, 2016. If 

we receive relevant adverse comments, 

we will publish a timely withdrawal of 

this direct final rulemaking in the 

Federal Register informing the public 

that the direct final rule will not take 

effect. We will address all public 

comments in a subsequent final rule 

based on the proposed rule. We will not 

institute a second comment period on 

this action. Any parties interested in 

commenting must do so now. Please 

note that if we receive adverse comment 

on an amendment, paragraph, or section 

of this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

V. 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). 

In addition, 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 as specified by 

Executive Order 13175 (65 FR 67249, 


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Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Rules and Regulations 12599 

November 9, 2000), nor will it impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

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 May 9, 2016. Filing a petition 

for reconsideration by the Administrator 

of this final rule does not affect the 

finality of this rule for the purposes of 

judicial review nor does it extend the 

time within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxides, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: February 24, 2016. 

Ron Curry, 

Regional Administrator, Region 6. 

40 CFR part 52 is amended as follows: 

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 GG—New Mexico 

■ 2. In § 52.1620(e), the second table in 

paragraph (e), entitled ‘‘EPA-Approved 

Nonregulatory Provisions and QuasiRegulatory Measures in the New Mexico 

SIP’’ is amended by adding two new 

entries at the end of the table to read as 

follows: 

§ 52.1620 Identification of plan. 

* * * * * 

(e) * * * 

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

Name of SIP Revision Applicable geographic of 

nonattainment area 

State 

submittal/ 

effective date 

EPA approval date Explanation 

*******

Small Business Stationary Source Technical and Environmental Compliance Assistance Program.Statewide, excluding 

Bernalillo County.

11/05/1992 3/10/2016, [Insert Federal 

Register Citation].

Small Business Stationary Source Technical and Environmental Compliance Assistance Program.Albuquerque/Bernalillo 

County.

11/16/1992 3/10/2016, [Insert Federal 

Register Citation].

[FR Doc. 2016–05162 Filed 3–9–16; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 435 

Eligibility in the States, District of 

Columbia, the Northern Mariana 

Islands, and American Samoa 

CFR Correction 

In Title 42 of the Code of Federal 

Regulations, Parts 430 to 481, revised as 

of October 1, 2015, on page 161, in 

§ 435.301, in paragraph (b)(2)(iii), 

remove the term ‘‘435.330.320’’ and add 

the term ‘‘435.320’’ in its place. 

[FR Doc. 2016–05484 Filed 3–9–16; 8:45 am] 

BILLING CODE 1505–01–D 

CORPORATION FOR NATIONAL AND 

COMMUNITY SERVICE 

45 CFR Parts 1201, 2505, 2507, and 

2508 

RIN 3045–AA64 

Change of Address for the Corporation 

for National and Community Service 

(CNCS) 

AGENCY: Corporation for National and 

Community Service. 

ACTION: Final rule. 

SUMMARY: The Corporation for National 

and Community Service (CNCS) is 

updating its regulations to reflect a 

change of address. CNCS headquarters 

moved to 250 E Street SW., Washington, 

DC 20525, effective January 25, 2016. 

DATES: This rule is effective March 10, 

2016. 

FOR FURTHER INFORMATION CONTACT: 

Phyllis Green, Executive Assistant, 

Office of General Counsel, at 202–606– 

6709 or email to pgreen@cns.gov. 

Individuals who use a 

telecommunications device for the deaf 

(TTY–TDD) may call 1–800–833–3722 

between 8:00 a.m. and 8:00 p.m. Eastern 

Time, Monday through Friday. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Corporation for National and 

Community Service (CNCS) is a federal 

agency that engages more than five 

million Americans in service through its 

AmeriCorps, Senior Corps, Social 

Innovation Fund, and Volunteer 

Generation Fund programs, and leads 

the President’s national call to service 

initiative, United We Serve. For more 

information, visit 

www.nationalservice.gov. 

On January 25, 2016, CNCS 

headquarters relocated to 250 E Street, 

SW., Washington, DC 20525. This rule 

updates CNCS’s physical and internet 

address where it is referenced in CNCS 

regulations. 


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