[Federal Register Volume 86, Number 10 (Friday, January 15, 2021)]
[Rules and Regulations]
[Pages 3818-3820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28120]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2020-0422; FRL-10018-59-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: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action 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: This final rule is effective on February 16, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2020-0422. All documents in the docket are 
listed on the https://www.regulations.gov website. 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 through https://www.regulations.gov or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional information.

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 the rulemaking docket.

Table of Contents

I. Background
II. What is being addressed in this document?
III. Have the requirements for approval of a SIP revision been met?
IV. What is the EPA's response to comments?
V. What action is the EPA taking?
VI. Statutory and Executive Order Reviews

I. Background

    On September 11, 2020, the EPA proposed to approve Kansas' 
infrastructure SIP submission for the 2015 O3 NAAQS in the 
Federal Register (85 FR 56198; September 11, 2020). The EPA solicited 
comments on the proposed approval of the infrastructure SIP submission 
and received three separate comments that are addressed in this 
document.

II. What is being addressed in this document?

    The EPA is approving the infrastructure SIP submission, submitted 
by the state by letter dated September 27, 2018,\1\ and supplemented by 
letter dated February 6, 2020, in accordance with section 110(a)(1) of 
the CAA. Specifically, the EPA is approving the 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.
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    \1\ The proposed rule mistakenly stated that Kansas' 
infrastructure SIP submission was received by the EPA on April 11, 
2019.
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    Although section 110(a)(2)(I) was addressed in the submission, \2\ 
the EPA is not taking action on section 110(a)(2)(I)--Nonattainment 
Area Plan or Plan Revisions under Part D, as it is the EPA's 
interpretation of the CAA that these elements do not need to be 
addressed in the context of an infrastructure SIP submission.
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    \2\ The proposed rule mistakenly stated that Kansas' 
infrastructure SIP submission did not address section 110(a)(2)(I).
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    A Technical Support Document (TSD) in the docket provides 
additional details of this 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).\3\ 
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 finds that 
Kansas' September 27, 2018 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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    \3\ 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 met the public notice requirements for SIP submissions in 
accordance with 40 CFR 51.102. The EPA determined that the submission 
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 TSD which is part of this 
docket, the infrastructure SIP submission meets the substantive SIP 
requirements of the CAA, including section 110 and implementing 
regulations.

IV. What is the EPA's response to comments?

    The public comment period on the EPA's proposed rule opened 
September 11, 2020, the date of its publication in the Federal Register 
and closed on October 13, 2020. During this period, the EPA received 
three comments. One comment was not germane to the action and does not 
require a response from the EPA. Another comment was supportive of the 
EPA's proposed approval of Kansas' 2015 O3 Infrastructure 
SIP. The third comment, which was supportive of the EPA's proposed 
approval of Kansas' 2015 O3 Infrastructure SIP but also 
identified misstatements in the EPA's proposed rule, was submitted by 
the Kansas Department of Health and the Environment and is summarized 
below.
    Comment 1: The EPA incorrectly listed April 11, 2019 as the date of

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receipt of Kansas' 2015 O3 Infrastructure SIP submission in 
the proposed rule.
    Response 1: The EPA agrees that it made an error in the proposed 
rule, and notes that Kansas submitted the 2015 O3 
Infrastructure SIP to the EPA by letter dated September 27, 2018. In 
addition, the TSD and the 40 CFR part 52 table in the proposed rule 
correctly identified the September 27, 2018 submittal date. As such, 
this final rule accurately identifies that the EPA is taking final 
action on the 2015 O3 Infrastructure SIP submitted to the 
EPA by Kansas on September 27, 2018.
    Comment 2: The EPA mistakenly identified that particular elements 
related to interstate pollution transport, specifically prongs 1 and 2 
of section 110(a)(2)(D)(i)(I), were not addressed in the submission; 
however, Kansas did include section 110(a)(2)(D)(i)(I) requirements in 
the September 27, 2018 submission.
    Response 2: The EPA notes that it made an error in the proposed 
rule by stating that Kansas did not include prongs 1 and 2 of section 
110(a)(2)(D)(i)(I) requirements in the September 27, 2018 submission. 
As noted in the TSD, the EPA plans to address prongs 1 and 2 in a 
separate rulemaking. The EPA has revised the 40 CFR part 52 table 
accompanying this action in order to address Kansas' comment.
    Comment 3: The EPA states that Kansas did not address section 
110(a)(2)(I) requirements in the 2015 O3 Infrastructure SIP 
submission; however, Kansas did include section 110(a)(2)(I) 
requirements in the September 27, 2018 submission.
    Response 3: The EPA notes that it made an error in the proposed 
rule by stating that Kansas did not address section 110(a)(2)(I) 
requirements in Kansas' 2015 O3 Infrastructure SIP 
submission. However, as discussed in the proposed rule and the TSD, it 
is the EPA's interpretation of the CAA that section 110(a)(2)(I) does 
not need to be addressed in the context of an infrastructure SIP 
submission. 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 acts on part D 
attainment plan SIP submissions through a separate rulemaking governed 
by the requirements for nonattainment areas, as described in part D. As 
such, this final rule does not address the section 110(a)(2)(I) 
requirements that were included in Kansas' 2015 O3 
Infrastructure SIP submission.

V. What action is EPA taking?

    The EPA is approving elements of the September 27, 2018, 
infrastructure SIP submission from the State of Kansas, which addresses 
the requirements of CAA sections 110(a)(1) and (2) as applicable to the 
2015 O3 NAAQS. Specifically, the EPA is approving 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 intends to act on the elements of section 
110(a)(2)(D)(i)(I)- prong 1 and prong 2, in a subsequent rulemaking. 
The EPA is not addressing section 110(a)(2)(I)- Nonattainment Area Plan 
or Plan Revisions under part D, as it is the EPA's interpretation of 
the CAA that these elements do not need to be addressed in the context 
of an infrastructure SIP submission.
    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, the EPA finds that 
Kansas' SIP meets all applicable required elements of sections 110(a) 
(1) and (2) (except as otherwise noted) with respect to the 2015 
O3 NAAQS.

VI. 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, the 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 (Public Law 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).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the 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 March 16, 2021. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the

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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, Infrastructure, Intergovernmental relations, Ozone.

    Dated: December 14, 2020.
James Gulliford,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA amends the 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, the table in paragraph (e) 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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                                        Applicable
    Name of nonregulatory SIP         geographic or          State       EPA approval date       Explanation
            provision               nonattainment area  submittal date
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                                                  * * * * * * *
(45) Section 110(a)(2)             Statewide..........         9/27/18  1/15/21, [insert     [EPA-R07-OAR-2020-0
 Infrastructure Requirements for                                         Federal Register     422; FRL-10013-71-
 the 2015 O3 NAAQS.                                                      citation].           Region 7].
                                                                                             This action
                                                                                              addresses the
                                                                                              following CAA
                                                                                              elements:
                                                                                             110(a)(2)(A), (B),
                                                                                              (C), (D)(i)(II)--
                                                                                              prongs 3 and 4,
                                                                                              (D)(ii), (E), (F),
                                                                                              (G), (H), (J),
                                                                                              (K), (L), and (M).
                                                                                              EPA intends to act
                                                                                              on
                                                                                             110(a)(2)(D)(i)(I)-
                                                                                              -prongs 1 and 2,
                                                                                              in a separate
                                                                                              action.
                                                                                             110(a)(2)(I) is not
                                                                                              applicable.
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[FR Doc. 2020-28120 Filed 1-14-21; 8:45 am]
BILLING CODE 6560-50-P


