[Federal Register Volume 85, Number 177 (Friday, September 11, 2020)]
[Proposed Rules]
[Pages 56198-56200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17989]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2020-0422; FRL-10013-71-Region 7]
Air Plan Approval; Kansas; Infrastructure State Implementation
Plan Requirements for the 2015 Ozone National Ambient Air Quality
Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve certain elements of a State Implementation Plan (SIP)
submission from the State of Kansas addressing the applicable
requirements of section 110 of the Clean Air Act (CAA) for the 2015
Ozone (O3) National Ambient Air Quality Standard (NAAQS).
Section 110 requires that each state adopt and submit a SIP revision 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 October 13, 2020.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2020-0422 to https://www.regulations.gov. Follow the online
instructions for submitting comments.
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received will be posted without
change to https://www.regulations.gov/, including any personal
information provided. For detailed instructions on sending comments and
additional information on the rulemaking process, see the ``Written
Comments'' heading of the SUPPLEMENTARY INFORMATION section of this
document.
FOR FURTHER INFORMATION CONTACT: William Stone, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-
7714; email address [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA. A technical support document (TSD) is
included in this proposed rulemaking docket.
Table of Contents
I. Written Comments
II. What is being addressed in this document?
III. Have the requirements for approval of a SIP revision been met?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2020-
0422, at https://www.regulations.gov. 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 https://www.epa.gov/dockets/commenting-epa-dockets.
II. What is being addressed in this document?
The EPA is proposing to approve the infrastructure SIP submission
received from the state on April 11, 2019, and supplemented by letter
dated February 6, 2020, in accordance with section 110(a)(1) of the
CAA. Specifically, the EPA is proposing to approve the
[[Page 56199]]
following infrastructure elements of section 110(a)(2) of the CAA: (A)
through (C), (D)(i)(II)--prevent significant deterioration of air
quality (prong 3) and protection of visibility (prong 4), (D)(ii), (E)
through (H), and (J) through (M). Elements of section
110(a)(2)(D)(i)(I)--significant contribution to nonattainment (prong 1)
and interfering with maintenance of the NAAQS (prong 2) will be
addressed in a separate action.
Section 110(a)(2)(I) was also not addressed in the submission,
however, the EPA does not expect infrastructure SIP submissions to
address element (I). Section 110(a)(2)(I) requires states to meet the
applicable SIP requirements of part D of the CAA relating to designated
nonattainment areas. The specific part D submissions for designated
nonattainment areas are subject to different submission schedules than
those for section 110 infrastructure elements. The EPA will act on part
D attainment plan SIP submissions through a separate rulemaking
governed by the requirements for nonattainment areas, as described in
part D.
A TSD is included as part of the docket to discuss the details of
this proposed action, including an analysis of how the SIP meets the
applicable 110 requirements for infrastructure SIPs. Included in the
TSD is the EPA's analysis concerning Kansas' authority to conduct
modeling in accordance with the EPA's ``Revisions to the Guideline on
Air Quality Models: Enhancements to the AERMOD Dispersion Modeling
System and Incorporation of Approaches To Address Ozone and Fine
Particulate Matter'' (also referred to as the 2017 Guideline).\1\ 82 FR
5182. While Kansas has not yet formally adopted the 2017 Guideline into
its regulations, Kansas states that it has the authority to integrate
the requirements and recommendations of the 2017 Guideline in its
regulatory processes. As detailed in the TSD, the EPA proposes to find
that Kansas' April 11, 2019 submission, supplemented by letter dated
February 6, 2020, satisfies the PSD-related requirements of CAA
sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3), and 110(a)(2)(J),
and modeling requirements related to CAA section 110(a)(2)(K).
---------------------------------------------------------------------------
\1\ EPA's Guideline on Air Quality Models is codified at 40 CFR
part 51, appendix W and is generically referred to as Guideline
herein.
---------------------------------------------------------------------------
III. 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. The
state provided a public comment period for this SIP revision from
August 23, 2018 to September 24, 2018, and received no comments. In
addition, as explained in more detail in the technical support document
which is part of this docket, the revision meets the substantive SIP
requirements of the CAA, including section 110 and implementing
regulations.
IV. What action is EPA taking?
The EPA is proposing to approve elements of the September 27, 2018,
submission addressing the infrastructure elements for the 2015
O3 NAAQS. Specifically, the EPA is proposing to approve the
following infrastructure elements of section 110(a)(2): (A) through
(C), (D)(i)(II) prong 3 and prong 4, (D)(ii), (E) through (H), (J)
through (M). The EPA is not acting on the elements of section
110(a)(2)(D)(i)(I)--prong 1 and prong 2 because those elements were not
addressed in the submission. Section 110(a)(2)(I) was not addressed in
the submission and the EPA would not expect it to be. The EPA's
analysis of the submission is addressed in a TSD which is part of this
docket.
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.
V. 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
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 the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Infrastructure, Intergovernmental relations, Ozone.
Dated: August 11, 2020.
James Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the 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.
[[Page 56200]]
Subpart--R Kansas
0
2. In Sec. 52.870, paragraph (e), the table is amended by adding the
entry ``(45)'' in numerical order to read as follows:
Sec. 52.870 Identification of Plan.
* * * * *
(e) * * *
EPA-Approved Kansas Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
Name of nonregulatory SIP Applicable geographic State
provision or nonattainment area submittal date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(45)Section 110(a)(2) Statewide.............. 9/27/18 [Date of [EPA-R07-OAR-2020-
Infrastructure Requirements publication of 0422; FRL-10013-
for the 2015 O3 NAAQS. the final rule in 71-Region 7].
the Federal This action
Register], proposes to
[Federal Register approve the
citation of the following CAA
final rule]. elements:
110(a)(2)(A),
(B), (C),
(D)(i)(II)--prong
s 3 and 4,
(D)(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M).
110(a)(2)(D)(i)(I
)--prongs 1 and 2
were not included
in the
submission.
110(a)(2)(I) is
not applicable.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2020-17989 Filed 9-10-20; 8:45 am]
BILLING CODE 6560-50-P