[Federal Register Volume 87, Number 64 (Monday, April 4, 2022)]
[Rules and Regulations]
[Pages 19390-19392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06937]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2022-0075; FRL-9428-02-R7]


Air Plan Approval; Kansas; 2015 Ozone NAAQS Interstate Transport 
Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of Kansas as 
meeting the Clean Air Act (CAA) requirement that each State's SIP 
contain adequate provisions to prohibit emissions that will 
significantly contribute to nonattainment or interfere with maintenance 
of the 2015 8-hour ozone national ambient air quality standards (NAAQS) 
in any other state. This action is being taken in accordance with the 
CAA.

DATES: This final rule is effective on May 4, 2022.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R07-OAR-2022-0075. 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: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to EPA.

Table of Contents

I. Background and Purpose
II. Final Action
III. Statutory and Executive Order Reviews

I. Background and Purpose

    On February 7, 2022, EPA published a Notice of Proposed Rulemaking 
(NPRM) for the State of Kansas. See 87 FR 7071. The NPRM proposed 
approval of a Kansas SIP revision that addresses the CAA requirement 
prohibiting emissions from the state that significantly contribute to 
nonattainment or interfere with maintenance of the 2015 8-hour ozone 
NAAQS in other states. See CAA section 110(a)(2)(D)(i)(I) (the ``good 
neighbor provision''). The SIP revision was submitted to EPA by Kansas 
on September 27, 2018. The rationale for EPA's proposed action is given 
in the NPRM and will not be repeated here. In section IV. of the NPRM, 
EPA erroneously stated that Kansas submitted the Kansas submission on 
October 1, 2018. The submission was received on September 27, 2018.
    EPA received one public comment in support of the proposed action.

[[Page 19391]]

II. Final Action

    EPA is approving a Kansas SIP revision, which was submitted on 
September 27, 2018. This submission is approved as meeting CAA section 
110(a)(2)(D)(i)(I) requirements that Kansas's SIP includes adequate 
provisions prohibiting any source or other type of emissions activity 
within the state from emitting any air pollutant in amounts that will 
contribute significantly to nonattainment or interfere with maintenance 
of the 2015 ozone NAAQS in any other state.

III. 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);
     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).
    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 June 3, 2022. 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, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: March 28, 2022.
Meghan A. McCollister,
Regional Administrator, Region 7.


    For the reasons stated in the preamble, the EPA amends 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 ``(47)'' in numerical order to read as follows:


Sec.  52.870   Identification of plan.

* * * * *
    (e) * * *

                                  EPA-Approved Kansas Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                   Applicable          State
 Name of non regulatory SIP       geographic or      submittal          EPA approval date          Explanation
          provision            nonattainment area       date
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                                                  * * * * * * *
(47) Transport SIP for the    Statewide...........    9/27/2018  4/4/2022, [insert Federal       [EPA-R07-OAR-20
 2015 Ozone Standard.                                             Register citation].             22-0075; FRL-
                                                                                                  9428-02-R7].
                                                                                                 This transport
                                                                                                  SIP shows that
                                                                                                  Kansas does
                                                                                                  not
                                                                                                  significantly
                                                                                                  contribute to
                                                                                                  ozone
                                                                                                  nonattainment
                                                                                                  or maintenance
                                                                                                  in any other
                                                                                                  state. This
                                                                                                  submittal is
                                                                                                  approved as
                                                                                                  meeting the
                                                                                                  requirements
                                                                                                  of Clean Air
                                                                                                  Act section
                                                                                                  110(a)(2)(D)(i
                                                                                                  )(I).
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[FR Doc. 2022-06937 Filed 4-1-22; 8:45 am]
BILLING CODE 6560-50-P


