[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Rules and Regulations]
[Pages 62373-62375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21474]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2016-0313; FRL-9951-87-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: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
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
[[Page 62374]]
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: This final rule is effective on October 11, 2016.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R07-OAR-2016-0313. All documents in the docket are listed on
the 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 electronically at www.regulations.gov and at
EPA Region 7, 11201 Renner Boulevard, Lenexa, Kansas 66219. Please
schedule an appointment during normal business hours with the contact
listed in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Heather Hamilton, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at (913) 551-7039, or by email at
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA. This section provides additional information by
addressing the following:
I. What is being addressed in this document?
II. What action is EPA taking?
III. Statutory and Executive Order Reviews
I. What is being addressed in this document?
EPA is approving the infrastructure SIP submission received from
the State of Kansas on November 25, 2015. The infrastructure SIP
submission addressed the requirements of CAA sections 110(a)(1) and (2)
as applicable to the 2012 annual PM2.5 NAAQS. A Technical
Support Document (TSD) is included as part of the docket to discuss the
details of this rulemaking.
The proposal to approve the infrastructure SIP submission was
published on July 11, 2016, in the Federal Register. 81 FR 44830. The
comment period ended August 10, 2016. There were no comments on the
proposal.
II. What action is EPA taking?
EPA is approving 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.
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 meets all applicable required elements of sections
110(a)(1) and (2) with respect to the 2012 annual PM2.5
NAAQS.
The EPA's analysis of the submission is addressed in a TSD as part
of the docket.
III. 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 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).
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 November 8, 2016. 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, Particulate matter, Reporting
and recordkeeping requirements.
[[Page 62375]]
Dated: August 24, 2016.
Mark Hague,
Regional Administrator, Region 7.
For the reasons stated in the preamble, EPA is amending 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(e) the table is amended by adding entry (44) in
numerical order to read as follows:
Sec. 52.870 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Kansas Nonregulatory SIP Provisions
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Applicable
Name of nonregulatory SIP geographic or State EPA approval date Explanation
revision nonattainment area submittal date
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* * * * * * *
(44) Section 110(a)(2) Statewide.......... 11/16/15 9/9/16, [Insert This action
Infrastructure Requirements for Federal Register addresses the
the 2012 PM2.5 NAAQS. citation]. following CAA
elements:
110(a)(2)(A), (B),
(C), (D), (E),
(F), (G), (H),
(J), (K), (L), and
(M). 110(a)(2)(I)
is not applicable.
[EPA-R07-OAR-2016-
0313; FRL- ]
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[FR Doc. 2016-21474 Filed 9-8-16; 8:45 am]
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