[Federal Register Volume 79, Number 204 (Wednesday, October 22, 2014)]
[Rules and Regulations]
[Pages 63044-63045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24782]



40 CFR Part 52

[EPA-R07-OAR-2014-0500; FRL-9918-11-Region 7]

Approval and Promulgation of Implementation Plans; State of 
Kansas; Infrastructure SIP Requirements for the 2010 Nitrogen Dioxide 
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) section 110 for the 2010 National 
Ambient Air Quality Standards (NAAQS) for Nitrogen Dioxide 
(NO2), 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 21, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-OAR-2014-0500. 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: kemp.lachala@epa.gov.

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

I. Background
II. Summary of SIP Revision
III. Final Action
IV. Statutory and Executive Order Review

I. Background

    On August 28, 2014, (79 FR 51277), EPA published a notice of 
proposed rulemaking (NPR) for the State of Kansas. The NPR proposed 
approval of Kansas' submission that provides the basic elements 
specified in section 110(a)(2) of the CAA, or portions thereof, 
necessary to implement, maintain, and enforce the 2010 NO2 

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 section 110(a)(2) for the 2010 NO2 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. No public comments 
were received on the NPR.

III. Final Action

    EPA is approving Kansas' submissions which provides the basic 
program elements specified in section 110(a)(2)(A), (B), (C), (D), (E), 
(F), (G), (H), (J), (K), (L), and (M) of the CAA, or portions thereof, 
necessary to implement, maintain, and enforce the 2010 NO2 
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 the NPR, EPA is not acting on 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).

IV. 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,

[[Page 63045]]

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, Nitrogen 
Dioxide, and Reporting and recordkeeping requirements.

    Dated: September 30, 2014.
Rebecca Weber,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, the Environmental 
Protection 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 (39) 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
                                       Applicable         State
    Name of nonregulatory SIP      geographic area or   submittal    EPA approval date         Explanation
            provision              nonattainment area      date
                                                  * * * * * * *
(39) Section 110(a)(2)            Statewide..........    3/19/2013  10/22/2014 and       This action addresses
 Infrastructure Requirements for                                     [Insert Federal      the following CAA
 the 2010 NO2 NAAQS.                                                 Register citation].  elements: 110
                                                                                          (a)(2)(A), (B), (C),
                                                                                          (D), (E), (F), (G),
                                                                                          (H), (J), (K), (L),
                                                                                          and (M).

[FR Doc. 2014-24782 Filed 10-21-14; 8:45 am]