[Federal Register Volume 81, Number 139 (Wednesday, July 20, 2016)]
[Rules and Regulations]
[Pages 47034-47036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17065]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0708; FRL 9949-13-Region 7]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Kansas; 2015 Kansas State Implementation Plan for the 2008 
Lead Standard

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a revision to the State Implementation Plan (SIP) for 
the State of Kansas. This final action will approve Kansas' SIP for the 
lead National Ambient Air Quality Standard (NAAQS) nonattainment area 
of Salina, Saline County, Kansas, received by EPA on February 25, 2015. 
EPA proposed approval of this plan on February 29, 2016. The applicable 
standard addressed in this action is the lead NAAQS promulgated by EPA 
in 2008. EPA believes that the SIP submitted by the state satisfies the 
applicable requirements of the Clean Air Act (CAA) identified in EPA's 
Final Rule published in the Federal Register on October 15, 2008, and 
will bring the designated portions of Salina, Kansas, into attainment 
of the 0.15 microgram per cubic meter (ug/m\3\) lead NAAQS.

DATES: This final rule is effective on August 19, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-OAR-2015-0708. All documents in the docket are listed on 
the http://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 through www.regulations.gov or 
please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section for additional information.

FOR FURTHER INFORMATION CONTACT: Stephanie Doolan, Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219 at (913) 551-7719, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' refer to EPA.

Table of Contents

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

I. What is being addressed in this document?

    In this document, EPA is granting final approval of Kansas' 
attainment demonstration SIP for the lead NAAQS nonattainment area in 
portions of Salina, Saline County, Kansas. The applicable standard 
addressed in this action is the lead NAAQS promulgated by EPA in 2008. 
EPA believes that the SIP submitted by the state satisfies the 
applicable requirements of the CAA identified in EPA's Final Rule (73 
FR 66964, October 15, 2008), and will bring the area into attainment of 
the 0.15 microgram per cubic meter (ug/m\3\) lead NAAQS. EPA's proposal 
containing the background information for this action can be found at 
81 FR 10162, February 29, 2016.

II. Have the requirements for the 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, the revision meets the substantive SIP requirements of the 
CAA, including section 110 and implementing regulations.

III. EPA's Response to Comments

    The public comment period on EPA's proposed rule opened February 
29, 2016, the date of its publication in the Federal Register, and 
closed on March 30, 2016. During this period, EPA received one comment 
letter from Exide Technologies, dated March 23, 2016. The comment 
letter contained one comment regarding EPA's process description in 
section V.A.1 of the proposal which states:

    ``The Exide facility in Salina, Kansas, manufactures lead acid 
batteries for automobiles, trucks, and watercraft. Lead emissions 
result from breaking open used batteries, re-melting the lead and 
reformulating new batteries.''

    Exide commented that EPA is in error regarding the description of 
the facility's processes; the Exide Salina, Kansas, facility does not 
break open used

[[Page 47035]]

batteries, but rather, the facility maufactures new batteries at this 
location. EPA agrees with this comment. EPA misunderstood this portion 
of the facility operations. This comment does not substantively impact 
the decision to approve the attainment SIP, and EPA is therefore not 
changing its proposed action based on this comment.

IV. What action is EPA taking?

    EPA is taking final action to amend the Kansas SIP to approve 
Kansas' attainment demonstration SIP for the 2008 lead NAAQS. The 
applicable standard addressed in this action is the lead NAAQS 
promulgated by EPA in 2008 (73 FR 66964).

Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the EPA-
Approved Kansas Source-Specific Requirements. Therefore, these 
materials have been approved by EPA for inclusion in the State 
implementation plan, have been incorporated by reference by EPA into 
that plan, are fully Federally enforceable under sections 110 and 113 
of the CAA as of the effective date of the final rulemaking of EPA's 
approval, and will be incorporated by reference by the Director of the 
Federal Register in the next update to the SIP compilation.\1\ EPA has 
made, and will continue to make, these documents generally available 
electronically through www.regulations.gov and at the appropriate EPA 
office (see the ADDRESSES section of this preamble for more 
information).
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    \1\ 62 FR 27968 (May 22, 1997).
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Statutory and Executive Order Reviews

    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. 
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 September 19, 2016. Filing a petition for 
reconsideration by the Administrator of this rule does not affect the 
finality of this rulemaking 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 future 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: July 8, 2016.
Mark Hague,
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:
0
a. The table in paragraph (d) is amended by adding an entry ``(5)'' at 
the end of the table; and
0
b. The table in paragraph (e) is amended by adding an entry ``(43)'' at 
the end of the table.
    The additions read as follows:


Sec.  52.870  Identification of plan.

    (d) * * *

[[Page 47036]]



                                EPA-Approved Kansas Source-Specific Requirements
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                                 Permit or case       State
        Name of source                No.         effective date    EPA  approval date          Explanation
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                                                  * * * * * * *
(5) Exide Technologies........         1690035          8/18/14   7/20/16, [Insert        ......................
                                                                   Federal Register
                                                                   citation].
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* * * * *
    (e) * * *

                                  EPA-Approved Kansas Nonregulatory Provisions
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                                    Applicable
  Name of nonregulatory  SIP      geographic or          State         EPA  approval date        Explanation
          provision             nonattainment area   submittal date
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                                                  * * * * * * *
(43) Attainment plan for 2008  Salina.............          2/3/15   7/20/16, [Insert       [EPA-R07-OAR-2015-07
 lead NAAQS.                                                          Federal Register       08; 9949-13-Region
                                                                      citation].             7].
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[FR Doc. 2016-17065 Filed 7-19-16; 8:45 am]
 BILLING CODE 6560-50-P