[Federal Register Volume 80, Number 166 (Thursday, August 27, 2015)]
[Rules and Regulations]
[Pages 51955-51957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20892]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0512; FRL-9932-81-Region 7]


Approval and Promulgation of Implementation Plans; State of 
Kansas; Infrastructure SIP Requirements for the 2008 Ozone National 
Ambient Air Quality Standard

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve an element 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 2008 National 
Ambient Air Quality Standards (NAAQS) for Ozone (O3), 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 direct final rule will be effective October 26, 2015, 
without further notice, unless EPA receives adverse comment by 
September 28, 2015. If EPA receives adverse comment, we will publish a 
timely withdrawal of the direct final rule in the Federal Register 
informing the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2015-0512, by one of the following methods:
    1. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Mail or Hand Delivery: Lachala Kemp, Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2015-0512. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through www.regulations.gov or 
email information that you consider to be CBI or otherwise protected. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through www.regulations.gov, your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the 
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 
form. Publicly available docket materials are available either 
electronically in www.regulations.gov or in hard copy at the 
Environmental Protection Agency, Air Planning and Development Branch, 
11201 Renner Boulevard, Lenexa, Kansas 66219. The Regional Office's 
official hours of business are Monday through Friday, 8:00 a.m. to 4:30 
p.m., 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: Lachala Kemp, Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219 at (913) 551-7214 or by email at 
[email protected].

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

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

I. Background

    On July 16, 2014, (79 FR 41486), 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 2008 O3 NAAQS. EPA 
subsequently published the final rulemaking on October 21, 2014, (79 FR 
62861). EPA did not act on the visibility protection portion of section 
110(a)(2)(J) of the CAA at that time.

II. Summary of SIP Revision

    On March 19, 2013, and May 9, 2013, EPA received SIP submissions 
from the state of Kansas that address the infrastructure elements 
specified in section 110(a)(2) of the CAA for the 2008 O3 
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.
    Under section 110(a)(2)(J) of the CAA, states are required to 
submit SIPs that meet, among other provisions, part C of the CAA, 
relating to prevention of significant deterioration of air quality and 
visibility protection. With respect to the visibility component of 
section 110(a)(2)(J) of the CAA, Kansas stated in its 2008 
O3 NAAQS infrastructure SIP submissions that EPA had 
finalized approval of the Kansas Regional Haze SIP on December 27, 2011 
(76 FR 80754). In that rulemaking, EPA determined that Kansas' Regional 
Haze Plan met the CAA requirements for preventing future and remedying 
existing impairment of visibility caused by air pollutants. However, 
EPA did not act on the visibility protection portion of section 
110(a)(2)(J) of the CAA in its final rule that approved portions of 
Kansas' 2008 O3 NAAQS infrastructure SIP submissions.
    EPA recognizes that states are subject to visibility and regional 
haze program requirements under part C of the CAA. However, when EPA 
establishes or revises a NAAQS, these visibility and regional haze 
requirements under part C

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do not change. EPA believes that there are no new visibility protection 
requirements under part C as a result of a revised NAAQS. Therefore, 
there are no newly applicable visibility protection obligations 
pursuant to element J after the promulgation of a new or revised NAAQS. 
EPA is therefore approving Kansas' SIP as it satisfies the applicable 
visibility requirements of Element J with respect to the 2008 
O3 NAAQS as there are no new applicable visibility 
requirements triggered by the 2008 O3 NAAQS.

III. Final Action

    EPA is taking direct final action to approve the visibility 
protection portion of section 110(a)(2)(J) of the CAA with regard to 
the March 19, 2013, and May 9, 2013, infrastructure SIP submissions 
from the state of Kansas.
    Based upon review of the state's infrastructure SIP submissions and 
relevant statutory and regulatory authorities and provisions referenced 
in the submission or referenced in Kansas' SIP, EPA is approving 
Kansas' SIP submittals as they satisfy the applicable visibility 
requirements of section 110(a)(2)(J) of the CAA with respect to the 
2008 O3 NAAQS as there are no new applicable visibility 
requirements triggered by the 2008 O3 NAAQS.
    We are publishing this direct final rule without a prior proposed 
rule because we view this as a noncontroversial action and anticipate 
no adverse comment. However, in the ``Proposed Rules'' section of this 
Federal Register, we are publishing a separate document that will serve 
as the proposed rule to approve the SIP revision if adverse comments 
are received on this direct final rule. We will not institute a second 
comment period on this action. Any parties interested in commenting 
must do so at this time. For further information about commenting on 
this rule, see the ADDRESSES section of this document. If EPA receives 
adverse comment, we will publish a timely withdrawal in the Federal 
Register informing the public that this direct final rule will not take 
effect. We will address all public comments in any subsequent final 
rule based on the proposed rule.

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 Clean Air Act. 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. 
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 October 26, 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, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements.

    Dated: August 12, 2015.
Mark Hague,
Acting Regional Administrator, Region 7.

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

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart R--Kansas

0
2. In Sec.  52.870, the table in paragraph (e) is amended by adding the 
entry ``(41) Section 110(a)(2) Infrastructure Requirements for the 2008 
O3 NAAQS'' in numerical order at the end of the table to 
read as follows:


Sec.  52.870  Identification of plan.

* * * * *
    (e) * * *

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                                  EPA-Approved Kansas Nonregulatory Provisions
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                                     Applicable
   Name of nonregulatory SIP     geographic area or       State       EPA approval date        Explanation
           provision             nonattainment area  submittal date
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                                                  * * * * * * *
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(41) Section 110(a)(2)           Statewide.........       3/19/2013  8/27/2015 [Insert   This action addresses
 Infrastructure Requirements                                          Federal Register    the visibility
 for the 2008 O3 NAAQS.                                               citation].          protection portion of
                                                                                          section 110(a)(2)(J)
                                                                                          of the CAA.
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[FR Doc. 2015-20892 Filed 8-26-15; 8:45 am]
 BILLING CODE 6560-50-P