[Federal Register Volume 81, Number 125 (Wednesday, June 29, 2016)]
[Proposed Rules]
[Pages 42294-42295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15039]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2016-0303; FRL-9948-12-Region 7]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Kansas; Cross-State Air Pollution Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a December 1, 2015, State Implementation Plan (SIP) submittal 
from Kansas concerning allocations of Cross-State Air Pollution Rule 
(CSAPR) emission allowances. Under CSAPR, large electricity generating 
units in Kansas are subject to a Federal Implementation Plan (FIP) 
requiring the units to participate in CSAPR's Federal trading program 
for annual emissions of nitrogen oxides (NOX). This action 
would approve Kansas' adoption into its SIP of state regulations 
establishing state-determined allocations to replace EPA's default 
allocations to Kansas units of CSAPR allowances for annual 
NOX emissions for 2017 through 2019. EPA is proposing to 
approve the SIP revision because it meets the requirements of the Clean 
Air Act (CAA) and EPA's regulations for approval of an abbreviated SIP 
revision replacing EPA's default allocations of CSAPR emission 
allowances with state-determined allocations. Approval of this SIP 
revision would not alter any provision of CSAPR's Federal trading 
program for annual NOX emissions as applied to Kansas units 
other than the allowance allocation provisions, and the FIP requiring 
the units to participate in the trading program (as modified by the SIP 
revision) would remain in place.

DATES: Comments must be received by July 29, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2016-0303, to http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the

[[Page 42295]]

official comment and should include discussion of all points you wish 
to make. The EPA will generally not consider comments or comment 
contents located outside of the primary submission (i.e. on the web, 
cloud, or other file sharing system). For additional submission 
methods, the full EPA public comment policy, information about CBI or 
multimedia submissions, and general guidance on making effective 
comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Mr. Larry Gonzalez, Air Planning and 
Development Branch, Air and Waste Management Division, EPA Region 7, 
11201 Renner Boulevard, Lenexa, KS 66219; telephone number: (913) 551-
7041; email address: [email protected]

SUPPLEMENTARY INFORMATION: This document proposes to take action on a 
revision to the SIP for Kansas concerning allocations of allowances 
used in the Cross-State Air Pollution Rule (CSAPR) \1\ Federal trading 
program for annual emissions of nitrogen oxides (NOX). We 
have published a direct final rule approving the State's SIP revision 
(s) in the Rules and Regulations section of this Federal Register, 
because we view this as a noncontroversial action and anticipate no 
relevant adverse comment. We have explained our reasons for this action 
in the preamble to the direct final rule. If we receive no adverse 
comment, we will not take further action on this proposed rule. If we 
receive adverse comment, we will withdraw the direct final rule and it 
will not take effect. We would address all public comments in any 
subsequent final rule based on this proposed rule. We do not intend to 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time. For further 
information, please see the information provided in the ADDRESSES 
section of this document.
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    \1\ Federal Implementation Plans; Interstate Transport of Fine 
Particulate Matter and Ozone and Correction of SIP Approvals, 76 FR 
48208 (August 8, 2011), (codified as amended at 40 CFR 52.38 and 
52.39 and subparts AAAAA through DDDDD of 40 CFR part 97).
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    Large electricity generating units in Kansas are subject to a CSAPR 
Federal Implementation Plan (FIP) that requires the units to 
participate in the Federal CSAPR NOX Annual Trading 
Program.\2\ Each of CSAPR's Federal trading programs includes default 
provisions governing the allocation among participating units of 
emission allowances used for compliance under that program. CSAPR also 
provides a process for the submission and approval of SIP revisions to 
replace EPA's default allocations with state-determined allocations.
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    \2\ EPA has proposed to replace the terms ``Transport Rule'' and 
``TR'' in the text of the Code of Federal Regulations with the 
updated terms ``Cross-State Air Pollution Rule'' and ``CSAPR.'' 80 
FR 75706, 75759 (December 3, 2015). EPA uses the updated terms here.
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    The SIP revision approved in the direct final rule incorporates 
into Kansas's SIP state regulations establishing state-determined 
allowance allocations to replace EPA's default allocations to Kansas 
units of CSAPR NOX Annual allowances issued for the control 
periods in 2017 through 2019. EPA is approving the SIP revision because 
it meets the requirements of the CAA and EPA's regulations for approval 
of an abbreviated SIP revision replacing EPA's default allocations of 
CSAPR emission allowances with state-determined allocations. Approval 
of the SIP revision does not alter any provision of the CSAPR 
NOX Annual Trading Program as applied to Kansas units other 
than the allowance allocation provisions, and the FIP requiring the 
units to participate in that program (as modified by the SIP revision) 
remains in place. Because the SIP revision addresses only the control 
periods in 2017 through 2019, absent submission and approval of a 
further SIP revision, allocations of CSAPR NOX Annual 
allowances for control periods in 2020 and later years will be made 
pursuant to the default allocation provisions.
    Large electricity generating units in Kansas are also subject to an 
additional CSAPR FIP requiring them to participate in the Federal CSAPR 
SO2 Group 2 Trading Program. Kansas' SIP submittal does not 
seek to replace the default allocations of CSAPR SO2 Group 2 
allowances to Kansas units. Approval of this SIP revision concerning 
another CSAPR trading program has no effect on the CSAPR SO2 
Group 2 Trading Program as applied to Kansas units, and the FIP 
requiring the units to participate in that program remains in place.

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 16, 2016.
Mark Hague,
Regional Administrator, Region 7.
[FR Doc. 2016-15039 Filed 6-28-16; 8:45 am]
 BILLING CODE 6560-50-P