[Federal Register Volume 85, Number 177 (Friday, September 11, 2020)]
[Proposed Rules]
[Pages 56198-56200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17989]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2020-0422; FRL-10013-71-Region 7]


Air Plan Approval; Kansas; Infrastructure State Implementation 
Plan Requirements for the 2015 Ozone National Ambient Air Quality 
Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve certain elements of a State Implementation Plan (SIP) 
submission from the State of Kansas addressing the applicable 
requirements of section 110 of the Clean Air Act (CAA) for the 2015 
Ozone (O3) National Ambient Air Quality Standard (NAAQS). 
Section 110 requires that each state adopt and submit a SIP revision to 
support the implementation, maintenance, and enforcement of each new or 
revised NAAQS promulgated by the 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: Comments must be received on or before October 13, 2020.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2020-0422 to https://www.regulations.gov. Follow the online 
instructions for submitting comments.
    Instructions: All submissions received must include the Docket ID 
No. for this rulemaking. Comments received will be posted without 
change to https://www.regulations.gov/, including any personal 
information provided. For detailed instructions on sending comments and 
additional information on the rulemaking process, see the ``Written 
Comments'' heading of the SUPPLEMENTARY INFORMATION section of this 
document.

FOR FURTHER INFORMATION CONTACT: William Stone, Environmental 
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201 
Renner Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-
7714; email address stone.william@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to the EPA. A technical support document (TSD) is 
included in this proposed rulemaking docket.

Table of Contents

I. Written Comments
II. What is being addressed in this document?
III. Have the requirements for approval of a SIP revision been met?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews

I. Written Comments

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2020-
0422, at https://www.regulations.gov. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

II. What is being addressed in this document?

    The EPA is proposing to approve the infrastructure SIP submission 
received from the state on April 11, 2019, and supplemented by letter 
dated February 6, 2020, in accordance with section 110(a)(1) of the 
CAA. Specifically, the EPA is proposing to approve the

[[Page 56199]]

following infrastructure elements of section 110(a)(2) of the CAA: (A) 
through (C), (D)(i)(II)--prevent significant deterioration of air 
quality (prong 3) and protection of visibility (prong 4), (D)(ii), (E) 
through (H), and (J) through (M). Elements of section 
110(a)(2)(D)(i)(I)--significant contribution to nonattainment (prong 1) 
and interfering with maintenance of the NAAQS (prong 2) will be 
addressed in a separate action.
    Section 110(a)(2)(I) was also not addressed in the submission, 
however, the EPA does not expect infrastructure SIP submissions to 
address element (I). Section 110(a)(2)(I) requires states to meet the 
applicable SIP requirements of part D of the CAA relating to designated 
nonattainment areas. The specific part D submissions for designated 
nonattainment areas are subject to different submission schedules than 
those for section 110 infrastructure elements. The EPA will act on part 
D attainment plan SIP submissions through a separate rulemaking 
governed by the requirements for nonattainment areas, as described in 
part D.
    A TSD is included as part of the docket to discuss the details of 
this proposed action, including an analysis of how the SIP meets the 
applicable 110 requirements for infrastructure SIPs. Included in the 
TSD is the EPA's analysis concerning Kansas' authority to conduct 
modeling in accordance with the EPA's ``Revisions to the Guideline on 
Air Quality Models: Enhancements to the AERMOD Dispersion Modeling 
System and Incorporation of Approaches To Address Ozone and Fine 
Particulate Matter'' (also referred to as the 2017 Guideline).\1\ 82 FR 
5182. While Kansas has not yet formally adopted the 2017 Guideline into 
its regulations, Kansas states that it has the authority to integrate 
the requirements and recommendations of the 2017 Guideline in its 
regulatory processes. As detailed in the TSD, the EPA proposes to find 
that Kansas' April 11, 2019 submission, supplemented by letter dated 
February 6, 2020, satisfies the PSD-related requirements of CAA 
sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3), and 110(a)(2)(J), 
and modeling requirements related to CAA section 110(a)(2)(K).
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    \1\ EPA's Guideline on Air Quality Models is codified at 40 CFR 
part 51, appendix W and is generically referred to as Guideline 
herein.
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III. Have the requirements for approval of a SIP revision been met?

    The state submission has met the public notice requirements for SIP 
submissions in accordance with 40 CFR 51.102. The submission also 
satisfied the completeness criteria of 40 CFR part 51, appendix V. The 
state provided a public comment period for this SIP revision from 
August 23, 2018 to September 24, 2018, and received no comments. In 
addition, as explained in more detail in the technical support document 
which is part of this docket, the revision meets the substantive SIP 
requirements of the CAA, including section 110 and implementing 
regulations.

IV. What action is EPA taking?

    The EPA is proposing to approve elements of the September 27, 2018, 
submission addressing the infrastructure elements for the 2015 
O3 NAAQS. Specifically, the EPA is proposing to approve the 
following infrastructure elements of section 110(a)(2): (A) through 
(C), (D)(i)(II) prong 3 and prong 4, (D)(ii), (E) through (H), (J) 
through (M). The EPA is not acting on the elements of section 
110(a)(2)(D)(i)(I)--prong 1 and prong 2 because those elements were not 
addressed in the submission. Section 110(a)(2)(I) was not addressed in 
the submission and the EPA would not expect it to be. The EPA's 
analysis of the submission is addressed in a TSD which is part of this 
docket.
    We are processing this as a proposed action because we are 
soliciting comments on this proposed action. Final rulemaking will 
occur after consideration of any comments.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act (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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     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 the National Technology 
Transfer and Advancement Act (NTTA) because this rulemaking does not 
involve technical standards; 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Infrastructure, Intergovernmental relations, Ozone.

    Dated: August 11, 2020.
James Gulliford,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA proposes to amend 
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.

[[Page 56200]]

Subpart--R Kansas

0
2. In Sec.  52.870, paragraph (e), the table is amended by adding the 
entry ``(45)'' in numerical order to read as follows:


Sec.  52.870   Identification of Plan.

* * * * *
    (e) * * *

                                  EPA-Approved Kansas Nonregulatory Provisions
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   Name of nonregulatory SIP      Applicable geographic        State
           provision              or nonattainment area   submittal date   EPA approval date      Explanation
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                                                  * * * * * * *
(45)Section 110(a)(2)            Statewide..............         9/27/18  [Date of            [EPA-R07-OAR-2020-
 Infrastructure Requirements                                               publication of      0422; FRL-10013-
 for the 2015 O3 NAAQS.                                                    the final rule in   71-Region 7].
                                                                           the Federal         This action
                                                                           Register],          proposes to
                                                                           [Federal Register   approve the
                                                                           citation of the     following CAA
                                                                           final rule].        elements:
                                                                                               110(a)(2)(A),
                                                                                               (B), (C),
                                                                                               (D)(i)(II)--prong
                                                                                               s 3 and 4,
                                                                                               (D)(ii), (E),
                                                                                               (F), (G), (H),
                                                                                               (J), (K), (L),
                                                                                               and (M).
                                                                                               110(a)(2)(D)(i)(I
                                                                                               )--prongs 1 and 2
                                                                                               were not included
                                                                                               in the
                                                                                               submission.
                                                                                               110(a)(2)(I) is
                                                                                               not applicable.
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[FR Doc. 2020-17989 Filed 9-10-20; 8:45 am]
BILLING CODE 6560-50-P


