[Federal Register Volume 86, Number 152 (Wednesday, August 11, 2021)]
[Rules and Regulations]
[Pages 43960-43962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16759]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2021-0365; FRL-8705-02-R7]


Interstate Transport Prongs 1 and 2 for the 2010 Sulfur Dioxide 
(SO2) Standard for Kansas and Nebraska

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve State Implementation Plan (SIP) submissions from 
Kansas and Nebraska addressing the Clean Air Act (CAA or Act) 
interstate transport SIP requirements for the 2010 Sulfur Dioxide 
(SO2) National Ambient Air Quality Standards (NAAQS). These 
submissions address the requirement that each SIP contain adequate 
provisions prohibiting air emissions that will have certain adverse air 
quality effects in other states. The EPA is approving portions of these 
infrastructure SIPs for the aforementioned states as containing 
adequate provisions to ensure that air emissions in the states will not 
significantly contribute to nonattainment or interfere with maintenance 
of the 2010 SO2 NAAQS in any other state.

DATES: This final rule is effective on September 10, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2021-0365. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information may not be publicly available, i.e., 
Confidential Business Information 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 in hard 
copy at the Atmospheric Programs Section, Air Quality Planning Branch, 
Air and Radiation Division, U.S. Environmental Protection Agency, 
Region 7, 11201 Renner Boulevard, Lenexa, Kansas 66219. The EPA 
requests that if at all possible, you contact the person listed in the 
FOR FURTHER INFORMATION CONTACT section to schedule your inspection. 
The Regional Office's official hours of business are Monday through 
Friday 8:30 a.m. to 4:30 p.m., excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Ashley Keas, Environmental Protection 
Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219 at (913) 551-7629, or by email at 
[email protected].

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

Table of Contents

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revisions been met?
III. What are the actions the EPA is taking?
IV. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    In this action, the EPA is approving the prong 1 and prong 2 
portions of infrastructure SIP submissions submitted by Kansas on April 
7, 2020, and Nebraska on October 27, 2020, as demonstrating that the 
SIP contains adequate provisions to ensure that air emissions from 
sources in these states will not significantly contribute to 
nonattainment or interfere with maintenance of the 2010 SO2 
NAAQS in any other state or each other. All other applicable 
infrastructure SIP requirements for these SIP submissions are addressed 
in separate rulemakings.
    As discussed in Section IV of the proposed action (see 86 FR 
31645), the EPA first reviewed each state's analysis to assess how the 
state evaluated the transport of SO2 to other states, the 
types of information used in the analysis and the conclusions drawn by 
the state. The EPA then conducted a weight of evidence analysis, 
including review of each state's submission and other available 
information, including air quality, emission sources and emission 
trends within the state and in bordering states to which it could 
potentially contribute or interfere.\1\ Please see the EPA's proposed 
rule for the full analysis of the state submittals.
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    \1\ This approval action is based on the information contained 
in the administrative record for this action and does not prejudge 
any other future EPA action that may make other determinations 
regarding any of the subject state's air quality status. Any such 
future actions, such as area designations under any NAAQS, will be 
based on their own administrative records and the EPA's analyses of 
information that becomes available at those times. Future available 
information may include, and is not limited to, monitoring data and 
modeling analyses conducted pursuant to the EPA's SO2 
Data Requirements Rule (80 FR 51052, August 21, 2015) and 
information submitted to the EPA by states, air agencies, and third 
party stakeholders such as citizen groups and industry 
representatives.
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    The public comment period on the EPA's proposed rule opened on June 
15, 2021, the date of its publication in the Federal Register and 
closed on July 15, 2021. During this period, the EPA received no 
comments.

II. Have the requirements for approval of a SIP revision been met?

    The State submissions have met the public notice requirements for 
SIP submissions in accordance with 40 CFR 51.102. The submissions also 
satisfied the completeness criteria of 40 CFR part 51, appendix V. 
Kansas provided public notice on its SIP revision from January 16, 
2020, to February 17, 2020, and received no comments. Nebraska provided 
public notice on its SIP revision from September 14, 2020, to October 
16, 2020, and received no comments. In addition, the revision meets the 
substantive SIP requirements of the CAA, including section 110 and 
implementing regulations.

III. What are the actions the EPA is taking?

    The EPA is taking final action to approve the following submittals 
as meeting the interstate transport requirements of CAA section 
110(a)(2)(D)(i)(I) for the 2010 SO2 NAAQS: Kansas' April 7, 
2020 submittal and Nebraska's October 27, 2020 submittal. The EPA is 
finalizing this approval based on our review of the information and 
analysis provided by each state, as well as additional relevant 
information, as detailed in the EPA's proposed rule, which indicates 
that in-state air emissions will not contribute significantly to 
nonattainment or interfere with maintenance of the 2010 SO2 
NAAQS in any other state. This action is being taken under section 110 
of the CAA.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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, the EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. Accordingly, 
these proposed actions merely approve state law as meeting federal 
requirements and do not impose additional requirements beyond those

[[Page 43961]]

imposed by state law. For that reason, these proposed actions:
     Are not significant regulatory actions subject to review 
by the Office of Management and Budget under Executive Order 12866 (58 
FR 51735, October 4, 1993);
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not significant regulatory actions subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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 this action does not involve technical standards; and
     Do not provide the 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).
    In addition, these SIPs are not approved to apply on any Indian 
reservation land or in any other area where the 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 October 12, 2021. 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur dioxide, 
Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: July 30, 2021.
Edward H. Chu,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, the 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 an 
entry for ``(46)'' in numerical order to read as follows:


Sec.  52.870  Identification of plan.

* * * * *
    (e) * * *

                                  EPA-Approved Kansas Nonregulatory Provisions
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                                                             State
   Name of nonregulatory SIP      Applicable geographic    submittal   EPA approval date        Explanation
           provision              or nonattainment area       date
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                                                * * * * * * * * *
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(46) Section                     Statewide..............     4/7/2020  8/11/2021,         [EPA-R07-OAR-2021-0365
 110(a)(2)(D)(i)(I)--significan                                         [Federal           ; FRL-8705-02-Region
 t contribution to                                                      Register           7]. This action
 nonattainment (prong 1), and                                           citation].         addresses the
 interfering with maintenance                                                              following CAA
 of the NAAQs (prong 2)                                                                    elements:
 (Interstate Transport)                                                                    110(a)(2)(D)(i)(I)--p
 Infrastructure Requirements                                                               rongs 1 and 2.
 for the 2010 SO2 NAAQS.
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Subpart CC--Nebraska

0
3. In Sec.  52.1420, the table in paragraph (e) is amended by adding an 
entry for ``(37)'' in numerical order to read as follows:


Sec.  52.1420  Identification of plan.

* * * * *
    (e) * * *

[[Page 43962]]



                                 EPA-Approved Nebraska Nonregulatory Provisions
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                                                             State
   Name of nonregulatory SIP      Applicable geographic    submittal   EPA approval date        Explanation
           provision              or nonattainment area       date
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                                                * * * * * * * * *
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(37) Section                     Statewide..............   10/27/2020  8/11/2021,         [EPA-R07-OAR-2021-0365
 110(a)(2)(D)(i)(I)--significan                                         [Federal           ; FRL-8705-02-Region
 t contribution to                                                      Register           7]. This action
 nonattainment (prong 1), and                                           citation].         addresses the
 interfering with maintenance                                                              following CAA
 of the NAAQs (prong 2)                                                                    elements:
 (Interstate Transport)                                                                    110(a)(2)(D)(i)(I)--p
 Infrastructure Requirements                                                               rongs 1 and 2.
 for the 2010 SO2 NAAQS.
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[FR Doc. 2021-16759 Filed 8-10-21; 8:45 am]
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