Approval and Promulgation of Implementation Plans; State of Kansas; Infrastructure SIP Requirements for the 2010 Nitrogen Dioxide National Ambient Air Quality Standard, 63044-63045 [2014-24782]
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63044
Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Rules and Regulations
Dated: October 10, 2014.
Michelle K. Lee,
Deputy Under Secretary of Commerce for
Intellectual Property and Deputy Director of
the United States Patent and Trademark
Office.
[FR Doc. 2014–24891 Filed 10–21–14; 8:45 am]
BILLING CODE 3510–16–P
ENVIRONMENTAL PROTECTION
AGENCY
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
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
tkelley on DSK3SPTVN1PROD with RULES
VerDate Sep<11>2014
15:49 Oct 21, 2014
Jkt 235001
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
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 https://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 https://
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
SUMMARY:
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.
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
NAAQS.
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
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
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,
E:\FR\FM\22OCR1.SGM
22OCR1
Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Rules and Regulations
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. 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 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
63045
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:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
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 § 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:
■
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
Dioxide, and Reporting and
recordkeeping requirements.
§ 52.870
*
Identification of plan.
*
*
(e)* * *
*
*
EPA-APPROVED KANSAS NONREGULATORY PROVISIONS
Name of nonregulatory
SIP provision
Applicable geographic
area or nonattainment
area
*
(39) Section 110(a)(2) Infrastructure Requirements for the 2010
NO2 NAAQS.
*
*
Statewide ......................
[FR Doc. 2014–24782 Filed 10–21–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2014–0173; FRL–9918–21–
Region 8]
Approval and Promulgation of
Implementation Plans; North Dakota;
Revisions to the Air Pollution Control
Rules
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving changes to
North Dakota’s State Implementation
Plan (SIP). On January 23, 2013, the
Governor of North Dakota submitted to
EPA revisions to several chapters of the
North Dakota SIP. These revisions
included the removal of subsections 33–
15–03–04.4 and 33–15–05–01.2.a(l) of
the North Dakota Administrative Code
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SUMMARY:
VerDate Sep<11>2014
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Jkt 235001
State submittal date
3/19/2013
EPA approval date
Explanation
*
*
10/22/2014 and [Insert
Federal Register citation].
*
*
This action addresses the following CAA elements: 110 (a)(2)(A), (B), (C), (D), (E), (F),
(G), (H), (J), (K), (L), and (M).
(NDAC). In this action, EPA is
approving the removal of these
subsections from the SIP because it is
consistent with Clean Air Act (CAA)
requirements. The State’s submission
corrects certain deficiencies related to
the treatment of excess emissions from
sources. EPA will address the remaining
revisions from North Dakota’s January
23, 2013 submission in other actions.
DATES: This final rule is effective
November 21, 2014.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R08–OAR–
2014–0173. All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., 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 in
www.regulations.gov or in hard copy at
the Air Program, Environmental
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
Protection Agency (EPA), Region 8,
1595 Wynkoop St., Denver, Colorado
80202–1129. EPA requests that if at all
possible, you contact the individual
listed in the FOR FURTHER INFORMATION
CONTACT section to view the hard copy
of the docket. You may view the hard
copy of the docket Monday through
Friday, 8:00 a.m. to 4:00 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Adam Clark, U.S. Environmental
Protection Agency (EPA), Region 8,
Mailcode 8P–AR, 1595 Wynkoop Street,
Denver, Colorado 80202–1129, (303)
312–7104, clark.adam@epa.gov.
SUPPLEMENTARY INFORMATION:
Definitions
For the purpose of this document, we are
giving meaning to certain words or initials as
follows:
(i) The words or initials Act or CAA mean
or refer to the Clean Air Act, unless the
context indicates otherwise.
(ii) The words EPA, we, us or our mean or
refer to the United States Environmental
Protection Agency.
E:\FR\FM\22OCR1.SGM
22OCR1
]]>Agencies
[Federal Register Volume 79, Number 204 (Wednesday, October 22, 2014)]
[Rules and Regulations]
[Pages 63044-63045]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24782]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
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 https://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 https://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
NAAQS.
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.
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 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:
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 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]
BILLING CODE 6560-50-P
