
[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 
Hamilton.heather@epa.gov.

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]
 BILLING CODE 6560-50-P


