[Federal Register Volume 80, Number 177 (Monday, September 14, 2015)]
[Rules and Regulations]
[Pages 55030-55032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23074]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0299; FRL-9933-84-Region 7]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Kansas Regional Haze State Implementation Plan Revision and 
2014 Five-Year Progress Report

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve the Kansas State Implementation Plan (SIP) revision 
submitted to EPA by the State of Kansas on March 10, 2015, documenting 
that the State's existing plan is making adequate progress to achieve 
visibility goals by 2018. The Kansas SIP revision addressed the 
Regional Haze Rule (RHR) requirements under the Clean Air Act (CAA or 
Act) to submit a report describing progress in achieving reasonable 
progress goals (RPGs) to improve visibility in Federally designated 
areas in nearby states that may be affected by emissions from sources 
in Kansas. EPA is taking final action to approve Kansas' determination 
that the existing Regional Haze (RH) SIP is adequate to meet the 
visibility goals and requires no substantive revision at this time.

DATES: This final rule is effective October 14, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-OAR-2015-0299. All documents in the docket are listed on 
the 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 either electronically through 
www.regulations.gov or 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 Federal 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: Stephen Krabbe, Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219 at 913-551-7991, 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. Background
II. Summary of SIP Revision
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On June 10, 2015, (80 FR 32874), EPA published a notice of proposed 
rulemaking (NPR) for the State of

[[Page 55031]]

Kansas. In the NPR, EPA proposed approval of Kansas's progress report 
SIP, a report on progress made in the first implementation period 
towards RPGs for Class I areas that are affected by emissions from 
Kansas sources. This progress report SIP and accompanying cover letter 
also included a determination that Kansas's existing regional haze SIP 
requires no substantive revision to achieve the established regional 
haze visibility improvement and emissions reduction goals for 2018.
    States are required to submit a progress report in the form of a 
SIP revision every five years that evaluates progress towards the RPGs 
for each mandatory Class I Federal area within the state and in each 
mandatory Class I Federal area outside the state which may be affected 
by emissions from within the state. See 40 CFR 51.308(g). In addition, 
the provisions under 40 CFR 51.308(h) require states to submit, at the 
same time as the 40 CFR 51.308(g) progress report, a determination of 
the adequacy of the state's existing regional haze SIP. The first 
progress report SIP is due five years after submittal of the initial 
regional haze SIP. On October 26, 2009, KDHE submitted its regional 
haze SIP in accordance with the requirements of 40 CFR 51.308. The 
progress report SIP revision was submitted by Kansas on March 10, 2015, 
and EPA finds that it satisfies the requirements of 40 CFR 51.308(g) 
and (h). No comments were received regarding the NPR.

II. Summary of SIP Revision

    On March 10, 2015, Kansas submitted a SIP revision to describe the 
progress made towards the RPGs of Class I areas in and outside Kansas 
that are affected by emissions from Kansas' sources. This progress 
report SIP also includes a determination of the adequacy of Kansas' 
existing regional haze SIP to achieve these RPGs.
    Kansas has no Class I areas within its borders. Kansas notes in its 
progress report SIP that Kansas sources were also identified as 
potentially impacting four Class I areas in three neighboring states: 
Caney Creek Wilderness Area in Arkansas, Hercules-Glades Wilderness 
Area in Missouri, Mingo Wilderness Area in Missouri, and Wichita 
Mountains Wilderness Area in Oklahoma.
    The provisions in 40 CFR 51.308(g) require a progress report SIP to 
address seven elements. EPA finds that Kansas' progress report SIP 
addressed each element under 40 CFR 51.308(g). The seven elements and 
EPA's conclusion are briefly summarized in this rulemaking action.
    The provisions in 40 CFR 51.308(g) require progress report SIPs to 
include a description of the status of measures in the approved 
regional haze SIP; a summary of emissions reductions achieved; an 
assessment of visibility conditions for each Class I area in the state; 
an analysis of changes in emissions from sources and activities within 
the state; an assessment of any significant changes in anthropogenic 
emissions within or outside the state that have limited or impeded 
progress in Class I areas impacted by the state's sources; an 
assessment of the sufficiency of the approved regional haze SIP; and a 
review of the state's visibility monitoring strategy. As explained in 
detail in the NPR, EPA finds that Kansas' progress report SIP addressed 
each element and has therefore satisfied the requirements under 40 CFR 
51.308(g).
    In addition, pursuant to 40 CFR 51.308(h), states are required to 
submit, at the same time as the progress report SIP, a determination of 
the adequacy of their existing regional haze SIP and to take one of 
four possible actions based on information in the progress report. One 
possible action is submission of a negative declaration to EPA that no 
further substantive revision to the state's existing regional haze SIP 
is needed. In its progress report SIP, Kansas submitted a negative 
declaration that it had determined that its existing regional haze SIP 
requires no further substantive revision to achieve the RPGs for the 
Class I areas that are affected by emissions from Kansas's sources. As 
explained in detail in the NPR, EPA concludes Kansas has adequately 
addressed 40 CFR 51.308(h) because the visibility data trends at the 
Class I areas impacted by Kansas's sources and the emissions trends of 
the largest emitters of visibility-impairing pollutants both indicate 
that the RPGs for 2018 will be met or exceeded. Therefore, EPA 
concludes Kansas' progress report SIP meets the requirements of 40 CFR 
51.308(h).

III. Final Action

    EPA is taking final action to approve Kansas' regional haze five-
year progress report and SIP revision, submitted March 10, 2015, as 
meeting the applicable regional haze requirements as set forth in 40 
CFR 51.308(g) and 51.308(h).

Statutory and Executive Order Reviews

    Under the Clean Air Act (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

[[Page 55032]]

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 November 13, 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, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: August 20, 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 
entry (42) at the end of the table to read as follows:


Sec.  52.870  Identification of plan.

* * * * *
    (e)* * *

                                  EPA-Approved Kansas Nonregulatory Provisions
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                                       Applicable
    Name of nonregulatory SIP        geographic or     State submittal   EPA approval date       Explanation
            provision              nonattainment area        date
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                                                  * * * * * * *
(42) State Implementation Plan    Statewide..........         3/10/15   9/14/15 [Insert
 (SIP) Revision for the                                                  Federal Register
 Attainment and Maintenance of                                           citation]
 National Ambient Air Quality
 Standards for Regional Haze
 (2014 Five-Year Progress
 Report).
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[FR Doc. 2015-23074 Filed 9-11-15; 8:45 am]
 BILLING CODE 6560-50-P