81_FR_44927 81 FR 44795 - Approval of Iowa's Air Quality Implementation Plans; Polk County Board of Health Rules and Regulations, Chapter V, Revisions

81 FR 44795 - Approval of Iowa's Air Quality Implementation Plans; Polk County Board of Health Rules and Regulations, Chapter V, Revisions

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 132 (July 11, 2016)

Page Range44795-44797
FR Document2016-16262

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.

Federal Register, Volume 81 Issue 132 (Monday, July 11, 2016)
[Federal Register Volume 81, Number 132 (Monday, July 11, 2016)]
[Rules and Regulations]
[Pages 44795-44797]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16262]


=======================================================================
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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/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 
[email protected].

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\
---------------------------------------------------------------------------

    \1\ Chapter V, Subchapter 5-20 National Emission Standards for 
Hazardous Air Pollutants (NESHAP) for Source Categories is not 
Federally approved.
---------------------------------------------------------------------------

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.

[[Page 44796]]

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:

[[Page 44797]]

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart Q--Iowa

0
2. In Sec.  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:


Sec.  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    10/12/15...........................  7/11/16, [Insert Federal Register    Article I, Section 5-2,
                                   of Health Rules                                           citation].                           definition of
                                   and Regulations                                                                                ``variance,''
                                   Air Pollution                                                                                  ``anaerobic lagoon,''
                                   Chapter V.                                                                                     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



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

                                             For the reasons set out in the                         No. EPA–R07–OAR–2016–0045. All                        rulemaking into the SIP). EPA must
                                           preamble, VA amends 38 CFR part 38 as                    documents in the docket are listed on                 provide public notice and seek
                                           follows:                                                 the http://www.regulations.gov Web                    additional public comment regarding
                                                                                                    site. Although listed in the index, some              the proposed Federal action on the
                                           PART 38—NATIONAL CEMETERIES                              information is not publicly available,                state’s submission.
                                           OF THE DEPARTMENT OF VETERANS                            i.e., CBI or other information whose                     EPA received the request from the
                                           AFFAIRS                                                  disclosure is restricted by statute.                  state to adopt revisions to the local air
                                                                                                    Certain other material, such as                       agency rules into the SIP on December
                                           ■ 1. Revise the authority citation for part
                                                                                                    copyrighted material, is not placed on                8, 2015. The revisions were adopted by
                                           38 to read as follows:
                                                                                                    the Internet and will be publicly                     the local agency on October 6, 2015, and
                                             Authority: 38 U.S.C. 107, 501, 512, 2306,              available only in hard copy form.                     became effective on October 12, 2015.
                                           2402, 2403, 2404, 2407, 2408, 2411, 7105.                Publicly available docket materials are               EPA is approving the requested
                                           ■ 2. In § 38.603, revise paragraph (b)                   available electronically at http://                   revisions to the Iowa SIP relating to the
                                           and add an authority citation to read as                 www.regulations.gov and at EPA Region                 following:
                                           follows:                                                 7, 11201 Renner Boulevard, Lenexa,                       • Article I. In General, Section 5–1.
                                                                                                    Kansas 66219. Please schedule an                      Purpose and Ambient Air Quality
                                           § 38.603    Gifts and donations.
                                                                                                    appointment during normal business                    Standards;
                                           *     *     *     *     *                                hours with the contact listed in the FOR                 • Article I. In General, Section 5–2.
                                             (b) The Under Secretary of Memorial                    FURTHER INFORMATION CONTACT section.                  Definitions;
                                           Affairs, or his designee, may solicit gifts              For additional information and general                   • Article X. Permits, Division 1.
                                           and donations, which include monetary                    guidance, please visit http://                        Construction Permits, Section 5–33.
                                           donations, in-kind goods and services,                   www2.epa.gov/dockets/commenting-                      Exemptions from Permit Requirements;
                                           and personal property, or authorize the                  epa-dockets.                                             • Article X. Permits, Division 2.
                                           use of their names, the name of the                                                                            Operating Permits, Section 5–39.
                                           Secretary, or the name of the                            FOR FURTHER INFORMATION CONTACT:
                                                                                                    Heather Hamilton, Environmental                       Exemptions from Permit Requirement.
                                           Department of Veterans Affairs by an                                                                              EPA’s action does not cover revisions
                                           individual or organization in any                        Protection Agency, Air Planning and
                                                                                                    Development Branch, 11201 Renner                      to:
                                           campaign or drive for donation of                                                                                 • Article VI. Emission of Air
                                           money or articles to the Department of                   Boulevard, Lenexa, Kansas 66219 at
                                                                                                    (913) 551–7039, or by email at                        Contaminants from Industrial Processes,
                                           Veterans Affairs for the purpose of                                                                            New Source Performance Standards,
                                           beautifying, or for the benefit of, one or               Hamilton.heather@epa.gov.
                                                                                                                                                          Section 5–16(n),
                                           more national cemeteries.                                SUPPLEMENTARY INFORMATION:
                                                                                                                                                             • Article VIII. National Emission
                                               Authority: 38 U.S.C. 2407.                           Throughout this document ‘‘we,’’ ‘‘us,’’              Standards for Hazardous Air Pollutants
                                           [FR Doc. 2016–16234 Filed 7–8–16; 8:45 am]               or ‘‘our’’ refer to EPA. This section                 for Source Categories, Section 5–16(p),
                                           BILLING CODE 8320–01–P
                                                                                                    provides additional information by                    and,
                                                                                                    addressing the following:                                • Article VIII. National Emission
                                                                                                    I. What is being addressed in this document?          Standards for Hazardous Air Pollutants
                                           ENVIRONMENTAL PROTECTION                                 II. Have the requirements for approval of a           for Source Categories, Section 5–20.
                                           AGENCY                                                         SIP revision been met?                             EPA is also approving the definition
                                                                                                    III. EPA’s Response to Comments                       of Maximum Achievable Control
                                           40 CFR Part 52                                           IV. What action is EPA taking?
                                                                                                                                                          Technology (MACT) that was
                                           [EPA–R07–OAR–2016–0045; FRL–9948–84–                     I. What is being addressed in this                    inadvertently omitted from the January
                                           Region 7]                                                document?                                             12, 2015, Federal Register notice that
                                                                                                       The State of Iowa requested EPA                    approved the September 2013 revisions
                                           Approval of Iowa’s Air Quality                           approval of revisions to the local                    to the Polk County Board of Health
                                           Implementation Plans; Polk County
                                                                                                    agency’s rules and regulations, Chapter               Rules and Regulations, Chapter V, Air
                                           Board of Health Rules and                                                                                      Pollution. 80 FR 1471. The definition of
                                                                                                    V, Air Pollution, as a revision to the
                                           Regulations, Chapter V, Revisions                                                                              MACT is not referenced elsewhere in
                                                                                                    State Implementation Plan (SIP). In
                                                                                                    order for the local program’s Air                     Polk County’s Federally approved
                                           AGENCY:  Environmental Protection
                                                                                                    Pollution rules to be incorporated into               rules.1
                                           Agency (EPA).
                                           ACTION: Final rule.                                      the Federally-enforceable SIP, on behalf              II. Have the requirements for approval
                                                                                                    of the local agency, the state must                   of a SIP revision been met?
                                           SUMMARY:   The Environmental Protection                  submit the formally adopted regulations
                                           Agency (EPA) is taking final action to                                                                            The state submission has met the
                                                                                                    and control strategies, which are
                                           approve a revision submitted by the                                                                            public notice requirements for SIP
                                                                                                    consistent with the state and Federal
                                           State of Iowa. The purpose of these                                                                            submissions in accordance with 40 CFR
                                                                                                    requirements, to EPA for inclusion in
                                           revisions is to update the Polk County                                                                         51.102. The submission also satisfied
                                                                                                    the SIP. The regulation adoption process
                                           Board of Health Rules and Regulations,                                                                         the completeness criteria of 40 CFR part
                                                                                                    generally includes public notice, a
                                           Chapter V, Air Pollution. This final                                                                           51, appendix V. In addition, as
                                                                                                    public comment period and a public
                                           action will reflect updates to the Iowa’s                                                                      explained above and in more detail in
                                                                                                    hearing, and formal adoption of the rule
                                           statewide rules previously approved by                                                                         the technical support document which
                                                                                                    by the state authorized rulemaking
                                           EPA and will ensure consistency                                                                                is part of this docket, the revision meets
                                                                                                    body. In this case, that rulemaking body
ehiers on DSK5VPTVN1PROD with RULES




                                           between applicable local agency rules                                                                          the substantive SIP requirements of the
                                                                                                    is the local agency. After the local
                                           and Federally-approved rules.                                                                                  CAA, including section 110 and
                                                                                                    agency formally adopts the rule, the
                                           DATES: This final rule is effective on
                                                                                                                                                          implementing regulations.
                                                                                                    local agency submits the rulemaking to
                                           August 10, 2016.                                         the state, and then the state submits the               1 Chapter V, Subchapter 5–20 National Emission
                                           ADDRESSES: EPA has established a                         rulemaking to EPA for consideration for               Standards for Hazardous Air Pollutants (NESHAP)
                                           docket for this action under Docket ID                   formal action (inclusion of the                       for Source Categories is not Federally approved.



                                      VerDate Sep<11>2014   13:54 Jul 08, 2016   Jkt 238001   PO 00000   Frm 00037   Fmt 4700   Sfmt 4700   E:\FR\FM\11JYR1.SGM   11JYR1


                                           44796               Federal Register / Vol. 81, No. 132 / Monday, July 11, 2016 / Rules and Regulations

                                           III. EPA’s Response to Comments                          described in the direct final                            The SIP is not approved to apply on
                                              The public comment period on EPA’s                    amendments to 40 CFR part 52 set forth                any Indian reservation land or in any
                                           proposed regulation opened February                      below. EPA has made, and will continue                other area where EPA or an Indian tribe
                                           16, 2016, the date of its publication in                 to make, these documents generally                    has demonstrated that a tribe has
                                           the Federal Register, and closed on                      available electronically through http://              jurisdiction. In those areas of Indian
                                           March 18, 2016. (81 FR 8030). During                     www.regulations.gov and at the                        country, the rule does not have tribal
                                           this period, EPA received one comment,                   appropriate EPA office (see the                       implications and will not impose
                                                                                                    ADDRESSES section of this preamble for                substantial direct costs on tribal
                                           with two separate issues, that are
                                           addressed as follows:                                    more information).                                    governments or preempt tribal law as
                                              Comment: First, the commenter stated                  Statutory and Executive Order Reviews                 specified by Executive Order 13175 (65
                                           that it was not clear if the Polk County                    Under the CAA, the Administrator is                FR 67249, November 9, 2000).
                                           local air agency issues Prevention of                    required to approve a SIP submission                     The Congressional Review Act, 5
                                           Significant (PSD) permits for Polk                       that complies with the provisions of the              U.S.C. 801 et seq., as added by the Small
                                           County or if the state agency issues PSD                 Act and applicable Federal regulations.               Business Regulatory Enforcement
                                           permits. Second, the commenter stated                    42 U.S.C. 7410(k); 40 CFR 52.02(a).                   Fairness Act of 1996, generally provides
                                           that the SIP submission contained an                     Thus, in reviewing SIP submissions,                   that before a rule may take effect, the
                                           illegal startup, shutdown, malfunction                   EPA’s role is to approve state choices,               agency promulgating the rule must
                                           (SSM) exemption and that EPA could                       provided that they meet the criteria of
                                           not approve the SIP submission until                                                                           submit a rule report, which includes a
                                                                                                    the CAA. Accordingly, this action                     copy of the rule, to each House of the
                                           the SSM exemption was removed.                           merely approves state law as meeting
                                              Response to comment: First, Iowa has                                                                        Congress and to the Comptroller General
                                                                                                    Federal requirements and does not                     of the United States. EPA will submit a
                                           a delegated PSD program that is not                      impose additional requirements beyond
                                           delegated to local air agencies. 72 FR                                                                         report containing this action and other
                                                                                                    those imposed by state law. For that                  required information to the U.S. Senate,
                                           27056, May 14, 2007. PSD permits are                     reason, this action:
                                           only issued by the Iowa Department of                                                                          the U.S. House of Representatives, and
                                                                                                       • Is not a significant regulatory action           the Comptroller General of the United
                                           Natural Resources. No changes will be                    subject to review by the Office of
                                           made in response to this comment.                                                                              States prior to publication of the rule in
                                                                                                    Management and Budget under
                                              Second, in response to the                                                                                  the Federal Register. A major rule
                                                                                                    Executive Orders 12866 (58 FR 51735,
                                           commenter’s concern that the SIP                                                                               cannot take effect until 60 days after it
                                                                                                    October 4, 1993) and 13563 (76 FR 3821,
                                           contains an illegal SSM exemption in                                                                           is published in the Federal Register.
                                                                                                    January 21, 2011);
                                           Article VI, Section 5–17(a) of the Polk                     • Does not impose an information                   This action is not a ‘‘major rule’’ as
                                           County Board of Health Rules and                         collection burden under the provisions                defined by 5 U.S.C. 804(2).
                                           Regulations, the revisions to the Iowa                   of the Paperwork Reduction Act (44                       Under section 307(b)(1) of the CAA,
                                           SIP that EPA is approving are                            U.S.C. 3501 et seq.);                                 petitions for judicial review of this
                                           definitions and construction permitting                     • Is certified as not having a                     action must be filed in the United States
                                           exemptions that do not relate to                         significant economic impact on a                      Court of Appeals for the appropriate
                                           automatic exemptions from otherwise                      substantial number of small entities                  circuit by September 9, 2016. Filing a
                                           applicable SIP emissions limitations                     under the Regulatory Flexibility Act (5               petition for reconsideration by the
                                           during periods of startup, shutdown or                   U.S.C. 601 et seq.);                                  Administrator of this final rule does not
                                           malfunction. In addition, in response to                    • Does not contain any unfunded                    affect the finality of this action for the
                                           the commenter’s concern, Iowa                            mandate or significantly or uniquely                  purposes of judicial review nor does it
                                           requested that the EPA not act on a                      affect small governments, as described
                                           reference in the Polk County Board of                                                                          extend the time within which a petition
                                                                                                    in the Unfunded Mandates Reform Act                   for judicial review may be filed, and
                                           Health Rules and Regulations to 567                      of 1995 (Pub. L. 104–4);
                                                                                                                                                          shall not postpone the effectiveness of
                                           Iowa Administrative Code (IAC) Chapter                      • Does not have Federalism
                                           24, as a subsection of that provision is                 implications as specified in Executive                such rule or action. This action may not
                                           subject to EPA’s June 12, 2015 SSM SIP                   Order 13132 (64 FR 43255, August 10,                  be challenged later in proceedings to
                                           Call. 80 FR 33839.                                       1999);                                                enforce its requirements. (See section
                                                                                                       • Is not an economically significant               307(b)(2).)
                                           IV. What action is EPA taking?
                                                                                                    regulatory action based on health or                  List of Subjects in 40 CFR Part 52
                                             EPA is taking final action to approve                  safety risks subject to Executive Order
                                           this SIP revision to update the Polk                     13045 (62 FR 19885, April 23, 1997);                    Environmental protection, Air
                                           County board of Health Rules and                            • Is not a significant regulatory action           pollution control, Carbon monoxide,
                                           Regulations, Chapter V, Air Pollution.                   subject to Executive Order 13211 (66 FR               Incorporation by reference,
                                           This final action will reflect updates to                28355, May 22, 2001);                                 Intergovernmental relations, Lead,
                                           the Iowa’s statewide rules previously                       • Is not subject to requirements of                Nitrogen dioxide, Ozone, Particulate
                                           approved by EPA and will ensure                          Section 12(d) of the National                         matter, Reporting and recordkeeping
                                           consistency between applicable local                     Technology Transfer and Advancement                   requirements, Sulfur oxides, Volatile
                                           agency rules and Federally-approved                      Act of 1995 (15 U.S.C. 272 note) because              organic compounds.
                                           rules.                                                   application of those requirements would
                                                                                                    be inconsistent with the CAA; and                       Dated: June 22, 2016.
                                           Incorporation by Reference                                  • Does not provide EPA with the                    Mark Hague,
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                                             In this rule, EPA is finalizing                        discretionary authority to address, as                Regional Administrator, Region 7.
                                           regulatory text that includes                            appropriate, disproportionate human
                                           incorporation by reference. In                           health or environmental effects, using                  For the reasons stated in the
                                           accordance with requirements of 1 CFR                    practicable and legally permissible                   preamble, the Environmental Protection
                                           51.5, EPA is finalizing the incorporation                methods, under Executive Order 12898                  Agency amends 40 CFR part 52 as set
                                           by reference of the Iowa Regulations                     (59 FR 7629, February 16, 1994).                      forth below:


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                                                                 Federal Register / Vol. 81, No. 132 / Monday, July 11, 2016 / Rules and Regulations                                                                  44797

                                           PART 52—APPROVAL AND                                                Authority: 42 U.S.C. 7401 et seq.                         ‘‘Chapter V’’ under the heading ‘‘Polk
                                           PROMULGATION OF                                                                                                               County’’ to read as follows:
                                           IMPLEMENTATION PLANS                                           Subpart Q—Iowa
                                                                                                                                                                         § 52.820     Identification of plan.
                                           ■ 1. The authority citation for part 52                        ■ 2. In § 52.820 the table in paragraph                        *       *    *        *       *
                                           continues to read as follows:                                  (c) is amended by revising the entry for                           (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              10/12/15 ............................     7/11/16, [Insert Federal        Article I, Section 5–2, definition of ‘‘vari-
                                                                          of Health Rules                                                          Register citation].             ance,’’ ‘‘anaerobic lagoon,’’ and
                                                                          and Regulations                                                                                          ‘‘greenhouse gases’’; Article III, Incin-
                                                                          Air Pollution                                                                                            eration and Open Burning, Section 5–
                                                                          Chapter V.                                                                                               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, sub-
                                                                                                                                                                                   sections (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.



                                           *      *       *       *       *                               corrects the omission and the                                    For general information contact: The
                                           [FR Doc. 2016–16262 Filed 7–8–16; 8:45 am]                     typographical error.                                           TSCA-Hotline, ABVI-Goodwill, 422
                                           BILLING CODE 6560–50–P
                                                                                                          DATES:  This correction is effective July                      South Clinton Ave., Rochester, NY
                                                                                                          15, 2016.                                                      14620; telephone number: (202) 554–
                                                                                                                                                                         1404; email address: TSCA-Hotline@
                                           ENVIRONMENTAL PROTECTION                                       ADDRESSES: The docket for this action,                         epa.gov.
                                           AGENCY                                                         identified by docket identification (ID)
                                                                                                          number EPA–HQ–OPPT–2015–0810, is                               SUPPLEMENTARY INFORMATION:
                                           40 CFR Part 721                                                available at http://www.regulations.gov                        I. Does this action apply to me?
                                                                                                          or at the Office of Pollution Prevention
                                           [EPA–HQ–OPPT–2015–0810; FRL–9947–33]                           and Toxics Docket (OPPT Docket),                                 The Agency included in the May 16,
                                                                                                          Environmental Protection Agency                                2016 final rule a list of those who may
                                           RIN 2070–AB27                                                  Docket Center (EPA/DC), West William                           be potentially affected by this action.
                                                                                                          Jefferson Clinton Bldg., Rm. 3334, 1301                        II. What does this correction do?
                                           Significant New Use Rules on Certain                           Constitution Ave. NW., Washington,
                                           Chemical Substances; Correction                                                                                                 EPA issued a final rule in the Federal
                                                                                                          DC. The Public Reading Room is open
                                                                                                                                                                         Register of May 16, 2016 (81 FR 30477)
                                           AGENCY:  Environmental Protection                              from 8:30 a.m. to 4:30 p.m., Monday
                                                                                                                                                                         (FRL–9944–77) for significant new uses
                                           Agency (EPA).                                                  through Friday, excluding legal
                                                                                                                                                                         for 55 chemical substances that were the
                                                                                                          holidays. The telephone number for the
                                           ACTION: Final rule; correction.                                                                                               subject of PMN notices. EPA omitted the
                                                                                                          Public Reading Room is (202) 566–1744,
                                                                                                                                                                         de mimimus exemption of 1.0% from
                                           SUMMARY:   EPA issued a final rule in the                      and the telephone number for the OPPT
                                                                                                                                                                         the worker protection requirements for
                                           Federal Register of May 16, 2016 for 55                        Docket is (202) 566–0280. Please review
                                                                                                                                                                         § 721.10908(a)(2)(i). EPA also, within
                                           chemical substances that were the                              the visitor instructions and additional
                                                                                                                                                                         the hazard communication program
                                           subject of premanufacture notices                              information about the docket available
                                                                                                                                                                         requirements for § 721.10908(a)(2)(ii),
                                           (PMNs). For the chemical substance                             at http://www.epa.gov/dockets.
                                                                                                                                                                         misspelled a word. In that section, the
                                           identified generically as aluminum                             FOR FURTHER INFORMATION CONTACT: For                           word ‘‘trhough’’ should read ‘‘through.’’
                                           calcium oxide salt (PMN P–15–328),                             technical information contact: Kenneth                         This action corrects the omission and
                                           EPA inadvertently omitted the de                               Moss, Chemical Control Division, Office                        the typographical error.
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                                           minimus exemption from the worker                              of Pollution Prevention and Toxics,
                                           protection requirements. Also for the                          Environmental Protection Agency, 1200                          III. Why is this correction issued as a
                                           same chemical substance, a                                     Pennsylvania Ave. NW., Washington,                             final rule?
                                           typographical error has been identified                        DC 20460–0001; telephone number:                                 Section 553 of the Administrative
                                           within the hazard communication                                (202) 564–9232; email address:                                 Procedure Act (APA) (5 U.S.C.
                                           program requirements. This document                            moss.kenneth@epa.gov.                                          553(b)(3)(B)) provides that, when an


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Document Created: 2016-07-09 00:21:31
Document Modified: 2016-07-09 00:21:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective on August 10, 2016.
ContactHeather Hamilton, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at (913) 551-7039, or by email at [email protected]
FR Citation81 FR 44795 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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