[Federal Register Volume 81, Number 132 (Monday, July 11, 2016)]
[Proposed Rules]
[Pages 44830-44831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16259]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2016-0313; FRL-9948-83-Region 7]


Approval and Promulgation of Implementation Plans; State of 
Kansas; Infrastructure SIP Requirements for the 2012 Annual Fine 
Particulate Matter (PM2.5) National Ambient Air Quality Standards 
(NAAQS)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
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 2012 annual PM2.5 NAAQS. 
Section 110 requires that each state adopt and submit a SIP to support 
the implementation, maintenance, and enforcement of each new or revised 
NAAQS promulgated by the 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: Comments must be received on or before August 10, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2016-0313, 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 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: Heather Hamilton, Air Planning and 
Development Branch, U.S. Environmental Protection Agency, Region 7, 
11201 Renner Boulevard, Lenexa, KS 66219 at (913) 551-7039, or by email 
at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we refer to EPA. A detailed technical 
support document (TSD) is included in this rulemaking docket to address 
the following: a description of CAA section 110(a)(1) and (2) 
infrastructure SIPs; the applicable elements under sections 110(a)(1) 
and (2); EPA's approach to the review of infrastructure SIP 
submissions, and EPA's evaluation of how Kansas addressed the relevant 
elements of sections 110(a)(1) and (2). This section provides 
additional information by addressing the following questions:

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. What action is EPA taking?

I. What is being addressed in this document?

    EPA is proposing to approve the infrastructure SIP submission 
received from the State of Kansas on November 25, 2015. The 
infrastructure SIP submission addresses the requirements of CAA 
sections 110(a)(1) and (2) as applicable to the 2012 annual 
PM2.5 NAAQS. A TSD is included as part of the docket to 
discuss the details of this proposal, including an analysis of how the 
SIP meets the applicable 110 requirements for infrastructure SIPs.

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 TSD which is 
part of this docket, the revision meets the substantive SIP 
requirements of the CAA, including section 110 and implementing 
regulations.

III. What action is EPA taking?

    EPA is proposing to approve the November 25, 2015, infrastructure 
SIP submission from the State of Kansas which addresses the 
requirements of CAA sections 110(a)(1) and (2) as applicable to the 
2012 annual PM2.5 NAAQS. The EPA's analysis of the 
submission is addressed in a TSD as part of the docket to discuss the 
proposal.
    Based upon review of the state's infrastructure SIP submissions and 
relevant statutory and regulatory authorities and provisions referenced 
in those submissions or referenced in Kansas' SIP, EPA believes that 
Kansas' SIP will meet all applicable required elements of sections 
110(a)(1) and (2) with respect to the 2012 annual PM2.5 
NAAQS.
    We are processing this as a proposed action because we are 
soliciting comments on this proposed action. Final rulemaking will 
occur after consideration of any comments.

[[Page 44831]]

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 CAA 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 proposed action:
     Is not a ``significant regulatory action'' under the terms 
of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under Executive Orders 12866 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).

V. Statutory Authority

    The statutory authority for this section is provided by section 110 
of the CAA, as amended (42 U.S.C. 7410).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: June 22, 2016.
Mark Hague,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA proposes to amend 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 ``(43) Section 110(a)(2) Infrastructure Requirements for the 2012 
PM2.5 NAAQS'' in numerical order to read as follows:


Sec.  52.870  Identification of plan.

* * * * *
    (e) * * *

                                  EPA-Approved Kansas Nonregulatory Provisions
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                                   Applicable geographic
    Name of nonregulatory SIP      area or nonattainment       State       EPA approval date      Explanation
            provision                      area           submittal date
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                                                  * * * * * * *
(43) Section 110(a)(2)            Statewide.............      11/16/2015  07/11/2016,         This action
 Infrastructure Requirements for                                           [Insert Federal     addresses the
 the 2012 PM2.5 NAAQS.                                                     Register            following CAA
                                                                           citation].          elements
                                                                                               110(a)(2)(A),
                                                                                               (B), (C), (D),
                                                                                               (E), (F), (G),
                                                                                               (H), (J), (K),
                                                                                               (L), and (M).
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[FR Doc. 2016-16259 Filed 7-8-16; 8:45 am]
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