[Federal Register Volume 79, Number 203 (Tuesday, October 21, 2014)]
[Rules and Regulations]
[Pages 62861-62863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24781]



40 CFR Part 52

[EPA-R07-OAR-2014-0401; FRL-9918-19-Region 7]

Approval and Promulgation of Implementation Plans; State of 
Kansas; Infrastructure SIP Requirements for the 2008 Ozone National 
Ambient Air Quality Standard

AGENCY: Environmental Protection Agency.

ACTION: Final rule.


SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve elements of a State Implementation Plan (SIP) 
submission from the State of Kansas addressing the applicable 
requirements of Clean Air Act (CAA) sections 110 for the 2008 National 
Ambient Air Quality Standards (NAAQS) for Ozone (O3), which 
requires that each state adopt and submit a SIP to support 
implementation, maintenance, and enforcement of each new or revised 
NAAQS promulgated by 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: This final rule is effective November 20, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-OAR-2014-0401. All documents in the electronic docket are 
listed in the http://www.regulations.gov index. 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, will be publicly available only 
in hard copy. Publicly available docket materials are available either 
electronically at http://www.regulations.gov or in hard copy at U.S. 
Environmental Protection Agency, Region 7, 11201 Renner Boulevard, 
Lenexa, Kansas 66219 from 8:00 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The interested persons wanting to 
examine these documents should make an appointment with the office at 
least 24 hours in advance.

FOR FURTHER INFORMATION CONTACT: Ms. Lachala Kemp, Air Planning and 
Development Branch, U.S. Environmental Protection Agency, Region 7, 
11201 Renner Boulevard, Lenexa, KS 66219; telephone number: (913) 551-
7214; fax number: (913) 551-7065; email address: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we refer to EPA. This section provides 
additional information by addressing the following questions:

I. Background
II. Summary of SIP Revision
III. EPA's Response to Comments
IV. Final Action
V. Statutory and Executive Order Review

I. Background

    On July 16, 2014 (79 FR 41476), EPA published a notice of proposed 
rulemaking (NPR) for the State of Kansas. The NPR proposed approval of 
Kansas' submissions that provide the basic elements specified in 
section 110(a)(2) of the CAA, or portions thereof, necessary to 
implement, maintain, and enforce the 2008 Pb NAAQS.

II. Summary of SIP Revision

    On March 19, 2013, and May 9, 2013, EPA received SIP submissions 
from the state of Kansas that address the infrastructure elements 
specified in

[[Page 62862]]

section 110(a)(2) for the 2008 O3 NAAQS. The submissions 
addressed the following infrastructure elements of section 110(a)(2): 
(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M). 
Specific requirements of section 110(a)(2) of the CAA and the rationale 
for EPA's proposed action to approve the SIP submission are explained 
in the NPR and will not be restated here.
    The public comment period on EPA's proposed rule opened on July 16, 
2014, the date of its publication in the Federal Register, and closed 
on August 15, 2014. During this period, EPA received two comment 
letters: One from a citizen received July 17, 2014, and one from the 
Kansas Department of Health and Environment (KDHE) received August 13, 
2014. The letters are available in the docket to today's final rule. 
The citizen comment was made in support of EPA's efforts to protect the 
environment in the state of Kansas, and did not result in changes to 
this final action. Today's final action includes EPA's response to 
KDHE's comment.

III. EPA's Response to Comments

    Comment: KDHE commented that EPA retract certain language in the 
proposed rulemaking for today's final action. Regarding section 
110(a)(2)(E)(3), the proposed rulemaking states at 79 FR 41493: 
``Currently, KDHE oversees the following local agencies that implement 
the Kansas Air Quality Act: The City of Wichita Office of Environmental 
Health, Johnson County Department of Health and Environment, Shawnee 
County Health Agency, and Unified Government of Wyandotte County-Kansas 
City, Kansas Public Health Department''. Regarding section 
110(a)(2)(M), the proposed rulemaking states at 79 FR 41496: 
``Currently, KDHE's Bureau of Air and Radiation has signed state and/or 
local agreements with the Department of Air Quality from the Unified 
Government of Wyandotte County-Kansas City, Kansas; the Wichita Office 
of Environmental Health; the Shawnee County Health Department, the 
Johnson County Department of Health and Environment; and the Mid-
America Regional Council''. KDHE states that as of September 30, 2012, 
they no longer contract with the Shawnee County Health Department.
    Response: EPA acknowledges that KDHE no longer oversees or 
contracts with the Shawnee County Health Department for purposes of 
sections 110(a)(2)(E)(3) and 110(a)(2)(M).

IV. Final Action

    EPA is approving Kansas' submissions which provide the basic 
program elements specified in section 110(a)(2)(A), (B), (C), 
(D)(i)(II) (prongs 3 and 4), D(ii), (E), (F), (G), (H), (J), (K), (L), 
and (M) of the CAA, or portions thereof, necessary to implement, 
maintain, and enforce the 2008 O3 NAAQS, as a revision to 
the Kansas SIP. This action is being taken under section 110 of the 
CAA. As discussed in each applicable section of NPR, EPA is not acting 
on section 110(a)(2)(D)(i)(I), section 110(a)(2)(I)--Nonattainment Area 
Plan or Plan Revisions Under Part D, and on the visibility protection 
portion of section 110(a)(2)(J).

V. Statutory and Executive Order Review

    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'' 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).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    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. 
    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 December 22, 2014. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Ozone, and 
Reporting and recordkeeping requirements.

    Dated: September 24, 2014.
Karl Brooks,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the Environmental 

[[Page 62863]]

Agency amends 40 CFR part 52 as set forth below:


1. The authority citation for part 52 continues to read as follows:

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

Subpart R--Kansas

2. In Sec.  52.870(e) the table is amended by adding new entry (38) in 
numerical order at the end of the table to read as follows:

Sec.  52.870  Identification of plan.

* * * * *
    (e) * * *

                                  EPA-Approved Kansas Nonregulatory Provisions
   Name of nonregulatory SIP     Applicable geographic  State submittal    EPA approval
           provision             or nonattainment area        date             date             Explanation
                                                  * * * * * * *
(38) Section 110(a)(2)          Statewide.............       3/19/2013   10/21/2014        This action addresses
 Infrastructure Requirements                                              [Insert Federal   the following CAA
 for the 2008 O3 NAAQS.                                                   Register          elements:
                                                                          citation].        110(a)(2)(A), (B),
                                                                                            (C), (D)(i)(II)
                                                                                            (prongs 3 and 4),
                                                                                            (D)(ii), (E), (F),
                                                                                            (G), (H), (J), (K),
                                                                                            (L), and (M) except
                                                                                            as noted.

[FR Doc. 2014-24781 Filed 10-20-14; 8:45 am]