[Federal Register Volume 80, Number 108 (Friday, June 5, 2015)]
[Rules and Regulations]
[Pages 32017-32019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13402]



40 CFR Part 52

[EPA-R07-OAR-2014-0528; FRL-9928-59-Region 7]

Approval and Promulgation of Implementation Plans; State of 
Kansas; Infrastructure SIP Requirements for the 2010 Sulfur Dioxide 
National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency.

ACTION: Final rule.


SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to

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approve elements of a State Implementation Plan (SIP) submission from 
the State of Kansas addressing the applicable requirements of Clean Air 
Act (CAA) section 110 for the 2010 National Ambient Air Quality 
Standards (NAAQS) for Sulfur Dioxide (SO2), which requires 
that each state adopt and submit a SIP to support implementation, 
maintenance, and enforcement of each new or revised NAAQS promulgated 
by EPA. These SIPs are commonly referred to as ``infrastructure'' SIPs. 
The infrastructure requirements are designed to ensure that the 
structural components of each state's air quality management program 
are adequate to meet the state's responsibilities under the CAA.

DATES: This final rule is effective July 6, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-OAR-2014-0528. All documents in the electronic docket are 
listed in the http://www.regulations.gov index. 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, will be publicly available only 
in hard copy. Publicly available docket materials are available either 
electronically at http://www.regulations.gov or in hard copy at U.S. 
Environmental Protection Agency, Region 7, 11201 Renner Boulevard, 
Lenexa, Kansas 66219 from 8:00 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The interested persons wanting to 
examine these documents should make an appointment with the office at 
least 24 hours in advance.

FOR FURTHER INFORMATION CONTACT: Ms. Lachala Kemp, Air Planning and 
Development Branch, U.S. Environmental Protection Agency, Region 7, 
11201 Renner Boulevard, Lenexa, KS 66219; telephone number: (913) 551-
7214; fax number: (913) 551-7065; email address: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,'' 
``us,'' or ``our'' refer to EPA. This section provides additional 
information by addressing the following:

I. Background
II. Summary of SIP Revision
III. Final Action
IV. Statutory and Executive Order Review

I. Background

    On March 6, 2015, (80 FR 12109), EPA published a notice of proposed 
rulemaking (NPR) for the State of Kansas. The NPR proposed approval of 
Kansas' submission that provides the basic elements specified in 
section 110(a)(2) of the CAA, or portions thereof, necessary to 
implement, maintain, and enforce the 2010 SO2 NAAQS.

II. Summary of SIP Revision

    On July 15, 2013, EPA received a SIP submission from the state of 
Kansas that address the infrastructure elements specified in section 
110(a)(2) for the 2010 SO2 NAAQS. The submissions addressed 
the following infrastructure elements of section 110(a)(2): (A), (B), 
(C), (D), (E), (F), (G), (H), (J), (K), (L), and (M). Specific 
requirements of section 110(a)(2) of the CAA and the rationale for 
EPA's proposed action to approve the SIP submission are explained in 
the NPR and will not be restated here. No public comments were received 
on the NPR.

III. Final Action

    EPA is approving Kansas' submission which provides the basic 
program elements specified in section 110(a)(2)(A), (B), (C), 
(D)(i)(II) (prongs 3 and 4), (D)(ii) (E), (F), (G), (H), (J), (K), (L), 
and (M) of the CAA, or portions thereof, necessary to implement, 
maintain, and enforce the 2010 SO2 NAAQS, as a revision to 
the Kansas SIP. This action is being taken under section 110 of the 
CAA. As discussed in each applicable section of the NPR, EPA is not 
acting on section 110(a)(2)(D)(i)(I), and section 110(a)(2)(I)--
Nonattainment Area Plan or Plan Revisions Under part D.

IV. Statutory and Executive Order Review

    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 Clean Air Act; 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. 
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States

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Court of Appeals for the appropriate circuit by August 4, 2015. 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, Sulfur 
dioxide, Reporting and recordkeeping requirements.

    Dated: May 21, 2015.
Becky Weber,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA is amending 40 CFR 
part 52 as set forth below:


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

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

Subpart R--Kansas

2. In Sec.  52.870(e), the table is amended by adding entry (40) in 
numerical order to read as follows:

Sec.  52.870  Identification of plan.

* * * * *
    (e) * * *

                                  EPA-Approved Kansas Nonregulatory Provisions
                                   Applicable geographic      State
   Name of nonregulatory SIP       area or nonattainment    submittal  EPA approval date        Explanation
           provision                       area               date
                                                  * * * * * * *
(40) Section 110(a)(2)           Statewide...............   7/15/2013  6/5/2015 and       This action addresses
 Infrastructure Requirements                                            [Insert Federal    the following CAA
 for the 2010 SO2 NAAQS.                                                Register           elements:
                                                                        citation].         110(a)(2)(A), (B),
                                                                                           (C), (D)(i)(II),
                                                                                           (D)(ii), (E), (F),
                                                                                           (G), (H), (J), (K),
                                                                                           (L), and (M), except
                                                                                           as noted.

[FR Doc. 2015-13402 Filed 6-4-15; 8:45 am]