Approval and Promulgation of Implementation Plans; State of Kansas; Infrastructure SIP Requirements for the 2008 Ozone National Ambient Air Quality Standard, 62861-62863 [2014-24781]
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Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Rules and Regulations
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).)
Subpart ZZ—Wyoming
Authority: 42 U.S.C. 7401 et seq.
Dated: October 2, 2014.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
§ 52.2620
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
*
1. The authority for citation for part 52
continues to read as follows:
■
State citation
State
adopted and
effective
date
Title/subject
*
*
*
2. In § 52.2620, the table titled ‘‘State
of Wyoming Regulations’’ in paragraph
(c)(1) is amended under Chapter 3 by
revising the entry for Section 2 to read
as follows:
■
40 CFR part 52 is amended to read as
follows:
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations,
Greenhouse gases, Lead, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
*
Authority: 42 U.S.C. 7401 et seq.
requirements, Sulfur oxides, Volatile
organic compounds.
Identification of plan.
*
*
(c) * * *
(1) * * *
*
*
EPA approval date and
citation 1
*
Explanations
*
*
Chapter 3
Section 2 ...........................
*
Emission standards for particulate matter ..................
*
*
*
9/12/13,
11/22/13
10/21/14, [insert Federal
Register citation].
*
*
*
1 In
order to determine the EPA effective date for a specific provision that is listed in this table, consult the Federal Register cited in this column for that particular provision.
*
*
*
*
*
[FR Doc. 2014–24930 Filed 10–20–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2014–0401; FRL–9918–19–
Region 7]
Approval and Promulgation of
Implementation Plans; State of
Kansas; Infrastructure SIP
Requirements for the 2008 Ozone
National Ambient Air Quality Standard
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
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) sections 110 for the 2008
National Ambient Air Quality Standards
(NAAQS) for Ozone (O3), 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
asabaliauskas on DSK5VPTVN1PROD with RULES
SUMMARY:
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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 20, 2014.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2014–0401. 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.
PO 00000
Frm 00065
Fmt 4700
Sfmt 4700
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 whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we refer
to EPA. This section provides additional
information by addressing the following
questions:
I. Background
II. Summary of SIP Revision
III. EPA’s Response to Comments
IV. Final Action
V. Statutory and Executive Order Review
I. Background
On July 16, 2014 (79 FR 41476), EPA
published a notice of proposed
rulemaking (NPR) for the State of
Kansas. The NPR proposed approval of
Kansas’ submissions that provide the
basic elements specified in section
110(a)(2) of the CAA, or portions
thereof, necessary to implement,
maintain, and enforce the 2008 Pb
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
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Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Rules and Regulations
asabaliauskas on DSK5VPTVN1PROD with RULES
section 110(a)(2) for the 2008 O3
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.
The public comment period on EPA’s
proposed rule opened on July 16, 2014,
the date of its publication in the Federal
Register, and closed on August 15,
2014. During this period, EPA received
two comment letters: One from a citizen
received July 17, 2014, and one from the
Kansas Department of Health and
Environment (KDHE) received August
13, 2014. The letters are available in the
docket to today’s final rule. The citizen
comment was made in support of EPA’s
efforts to protect the environment in the
state of Kansas, and did not result in
changes to this final action. Today’s
final action includes EPA’s response to
KDHE’s comment.
III. EPA’s Response to Comments
Comment: KDHE commented that
EPA retract certain language in the
proposed rulemaking for today’s final
action. Regarding section 110(a)(2)(E)(3),
the proposed rulemaking states at 79 FR
41493: ‘‘Currently, KDHE oversees the
following local agencies that implement
the Kansas Air Quality Act: The City of
Wichita Office of Environmental Health,
Johnson County Department of Health
and Environment, Shawnee County
Health Agency, and Unified
Government of Wyandotte CountyKansas City, Kansas Public Health
Department’’. Regarding section
110(a)(2)(M), the proposed rulemaking
states at 79 FR 41496: ‘‘Currently,
KDHE’s Bureau of Air and Radiation has
signed state and/or local agreements
with the Department of Air Quality from
the Unified Government of Wyandotte
County-Kansas City, Kansas; the
Wichita Office of Environmental Health;
the Shawnee County Health
Department, the Johnson County
Department of Health and Environment;
and the Mid-America Regional
Council’’. KDHE states that as of
September 30, 2012, they no longer
contract with the Shawnee County
Health Department.
Response: EPA acknowledges that
KDHE no longer oversees or contracts
with the Shawnee County Health
Department for purposes of sections
110(a)(2)(E)(3) and 110(a)(2)(M).
IV. Final Action
EPA is approving Kansas’
submissions which provide the basic
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program elements specified in section
110(a)(2)(A), (B), (C), (D)(i)(II) (prongs 3
and 4), D(ii), (E), (F), (G), (H), (J), (K), (L),
and (M) of the CAA, or portions thereof,
necessary to implement, maintain, and
enforce the 2008 O3 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 NPR, EPA is not acting on
section 110(a)(2)(D)(i)(I), 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).
V. 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
PO 00000
Frm 00066
Fmt 4700
Sfmt 4700
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,
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, Ozone, and
Reporting and recordkeeping
requirements.
Dated: September 24, 2014.
Karl Brooks,
Regional Administrator, Region 7.
For the reasons stated in the
preamble, the Environmental Protection
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Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Rules and Regulations
Authority: 42 U.S.C. 7401 et seq.
Agency amends 40 CFR part 52 as set
forth below:
*
Subpart R—Kansas
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
§ 52.870
62863
Identification of plan.
*
*
(e) * * *
*
*
2. In § 52.870(e) the table is amended
by adding new entry (38) in numerical
order at the end of the table to read as
follows:
■
1. The authority citation for part 52
continues to read as follows:
■
EPA-APPROVED KANSAS NONREGULATORY PROVISIONS
Name of nonregulatory SIP provision
Applicable
geographic or
nonattainment
area
State submittal
date
EPA approval date
Explanation
*
*
(38) Section 110(a)(2) Infrastructure Requirements for the 2008 O3 NAAQS.
*
Statewide ..........
*
3/19/2013
*
10/21/2014 [Insert
Federal Register
citation].
*
*
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) except as noted.
[FR Doc. 2014–24781 Filed 10–20–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 82
[EPA–HQ–OAR–2003–0118; FRL–9918–30–
OAR]
RIN 2060–AG12
Protection of Stratospheric Ozone:
Determination 29 for Significant New
Alternatives Policy Program
Environmental Protection
Agency (EPA).
ACTION: Determination of acceptability.
AGENCY:
This Determination of
Acceptability expands the list of
acceptable substitutes for ozonedepleting substances under the U.S.
Environmental Protection Agency’s
(EPA) Significant New Alternatives
Policy (SNAP) program. This action lists
as acceptable additional substitutes for
use in the refrigeration and air
conditioning, foam blowing, and fire
suppression and explosion protection
sectors.
DATES: This determination is effective
on October 21, 2014.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2003–0118
(continuation of Air Docket A–91–42).
All electronic documents in the docket
are listed in the index at
www.regulations.gov. Although listed in
the index, some information is not
publicly available, i.e., Confidential
Business Information (CBI) or other
asabaliauskas on DSK5VPTVN1PROD with RULES
SUMMARY:
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information whose disclosure is
restricted by statute. Publicly available
docket materials are available either
electronically at www.regulations.gov or
in hard copy at the EPA Air Docket
(Nos. A–91–42 and EPA–HQ–OAR–
2003–0118), EPA/DC, EPA West, Room
3334, 1301 Constitution Ave. NW.,
Washington, DC. The Public Reading
Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
legal holidays. The telephone number
for the Public Reading Room is (202)
566–1744, and the telephone number for
the Air Docket is (202) 566–1742.
FOR FURTHER INFORMATION CONTACT:
Margaret Sheppard by telephone at
(202) 343–9163, by facsimile at (202)
343–2338, by email at
sheppard.margaret@epa.gov, or by mail
at U.S. Environmental Protection
Agency, Mail Code 6205T, 1200
Pennsylvania Avenue NW., Washington,
DC 20460. Overnight or courier
deliveries should be sent to the office
location at 1201 Constitution Avenue
NW., Washington, DC 20004.
For more information on the agency’s
process for administering the SNAP
program or criteria for evaluation of
substitutes, refer to the original SNAP
rulemaking published in the Federal
Register on March 18, 1994 (59 FR
13044). Notices and rulemakings under
the SNAP program, as well as other EPA
publications on protection of
stratospheric ozone, are available at
EPA’s Ozone Depletion Web site at
www.epa.gov/ozone/strathome.html
including the SNAP portion at
www.epa.gov/ozone/snap/.
SUPPLEMENTARY INFORMATION:
I. Listing of New Acceptable Substitutes
A. Refrigeration and Air Conditioning
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B. Foam Blowing
C. Fire Suppression and Explosion
Protection
II. Section 612 Program
A. Statutory Requirements and Authority
for the SNAP Program
B. EPA’s Regulations Implementing
Section 612
C. How the Regulations for the SNAP
Program Work
D. Additional Information About the SNAP
Program
Appendix A—Summary of Decisions for New
Acceptable Substitutes
I. Listing of New Acceptable Substitutes
This action presents EPA’s most
recent decision to list as acceptable
several substitutes in the refrigeration
and air conditioning, foam blowing, and
fire suppression and explosion
protection sectors. New substitutes
include trans-1-chloro-3,3,3trifluoroprop-1-ene in non-mechanical
heat transfer, and in flexible
polyurethane foams; CO2 in refrigerated
transport; R–450A in a variety of
refrigeration and air conditioning enduses; methylal and hydrofluoroolefin
(HFO)-1336mzz(Z) in a variety of foam
blowing end-uses; and Powdered
Aerosol D in the total flooding end-use.
For copies of the full list of acceptable
substitutes for ozone depleting
substances (ODS) in all industrial
sectors, visit EPA’s Ozone Layer
Protection Web site at www.epa.gov/
ozone/snap/lists/.
The sections below discuss each
substitute listing in detail. Appendix A
contains tables summarizing today’s
listing decisions for these new
acceptable substitutes. The statements
in the ‘‘Further Information’’ column in
the tables provide additional
information, but are not legally binding
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]]>Agencies
[Federal Register Volume 79, Number 203 (Tuesday, October 21, 2014)]
[Rules and Regulations]
[Pages 62861-62863]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24781]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2014-0401; FRL-9918-19-Region 7]
Approval and Promulgation of Implementation Plans; State of
Kansas; Infrastructure SIP Requirements for the 2008 Ozone 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) sections 110 for the 2008 National
Ambient Air Quality Standards (NAAQS) for Ozone (O3), 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 20, 2014.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R07-OAR-2014-0401. 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 whenever ``we,''
``us,'' or ``our'' is used, we refer to EPA. This section provides
additional information by addressing the following questions:
I. Background
II. Summary of SIP Revision
III. EPA's Response to Comments
IV. Final Action
V. Statutory and Executive Order Review
I. Background
On July 16, 2014 (79 FR 41476), EPA published a notice of proposed
rulemaking (NPR) for the State of Kansas. The NPR proposed approval of
Kansas' submissions that provide the basic elements specified in
section 110(a)(2) of the CAA, or portions thereof, necessary to
implement, maintain, and enforce the 2008 Pb 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
[[Page 62862]]
section 110(a)(2) for the 2008 O3 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.
The public comment period on EPA's proposed rule opened on July 16,
2014, the date of its publication in the Federal Register, and closed
on August 15, 2014. During this period, EPA received two comment
letters: One from a citizen received July 17, 2014, and one from the
Kansas Department of Health and Environment (KDHE) received August 13,
2014. The letters are available in the docket to today's final rule.
The citizen comment was made in support of EPA's efforts to protect the
environment in the state of Kansas, and did not result in changes to
this final action. Today's final action includes EPA's response to
KDHE's comment.
III. EPA's Response to Comments
Comment: KDHE commented that EPA retract certain language in the
proposed rulemaking for today's final action. Regarding section
110(a)(2)(E)(3), the proposed rulemaking states at 79 FR 41493:
``Currently, KDHE oversees the following local agencies that implement
the Kansas Air Quality Act: The City of Wichita Office of Environmental
Health, Johnson County Department of Health and Environment, Shawnee
County Health Agency, and Unified Government of Wyandotte County-Kansas
City, Kansas Public Health Department''. Regarding section
110(a)(2)(M), the proposed rulemaking states at 79 FR 41496:
``Currently, KDHE's Bureau of Air and Radiation has signed state and/or
local agreements with the Department of Air Quality from the Unified
Government of Wyandotte County-Kansas City, Kansas; the Wichita Office
of Environmental Health; the Shawnee County Health Department, the
Johnson County Department of Health and Environment; and the Mid-
America Regional Council''. KDHE states that as of September 30, 2012,
they no longer contract with the Shawnee County Health Department.
Response: EPA acknowledges that KDHE no longer oversees or
contracts with the Shawnee County Health Department for purposes of
sections 110(a)(2)(E)(3) and 110(a)(2)(M).
IV. Final Action
EPA is approving Kansas' submissions which provide the basic
program elements specified in section 110(a)(2)(A), (B), (C),
(D)(i)(II) (prongs 3 and 4), D(ii), (E), (F), (G), (H), (J), (K), (L),
and (M) of the CAA, or portions thereof, necessary to implement,
maintain, and enforce the 2008 O3 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 NPR, EPA is not acting
on section 110(a)(2)(D)(i)(I), 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).
V. 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, 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, Ozone, and
Reporting and recordkeeping requirements.
Dated: September 24, 2014.
Karl Brooks,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the Environmental
Protection
[[Page 62863]]
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 (38) 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
----------------------------------------------------------------------------------------------------------------
Name of nonregulatory SIP Applicable geographic State submittal EPA approval
provision or nonattainment area date date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(38) Section 110(a)(2) Statewide............. 3/19/2013 10/21/2014 This action addresses
Infrastructure Requirements [Insert Federal the following CAA
for the 2008 O3 NAAQS. Register elements:
citation]. 110(a)(2)(A), (B),
(C), (D)(i)(II)
(prongs 3 and 4),
(D)(ii), (E), (F),
(G), (H), (J), (K),
(L), and (M) except
as noted.
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[FR Doc. 2014-24781 Filed 10-20-14; 8:45 am]
BILLING CODE 6560-50-P
