Approval and Promulgation of Air Quality Implementation Plans; State of Kansas; Cross-State Air Pollution Rule, 50789-50794 [2015-20629]

Download as PDF Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Rules and Regulations 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). C. Petitions for Judicial Review 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 October 20, 2015. 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. Parties with Name of non-regulatory SIP revision objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today’s Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking action. This rulemaking action, addressing the interstate pollution transport requirements for the District of Columbia with respect to the 2006 24hour PM2.5 NAAQS, 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, Particulate matter. Applicable geographic area * * * Section 110(a)(2) InfrastrucDistrict of Columbia ............... ture Requirements for the 2006 PM2.5 NAAQS. [FR Doc. 2015–20527 Filed 8–20–15; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R07–OAR–2015–0564; FRL–9932–83– Region 7] Approval and Promulgation of Air Quality Implementation Plans; State of Kansas; Cross-State Air Pollution Rule Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the State Implementation Plan (SIP) submitted by the State of Kansas in a letter dated March 30, 2015. This SIP revision provides Kansas’ state-determined allowance allocations for existing electric generating units (EGUs) in the State for the 2016 control periods and replaces certain allowance allocations for the 2016 control periods established by EPA under the Cross-State Air rmajette on DSK7SPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 14:16 Aug 20, 2015 Jkt 235001 State submittal date * 07/16/15 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 Dated: August 7, 2015. William C. Early, Acting Regional Administrator, Region III. 40 CFR part 52 is amended as follows: 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 J—District of Columbia 2. In § 52.470, the table in paragraph (e) is amended by adding an entry for ‘‘Section 110(a)(2) Infrastructure Requirements for the 2006 PM2.5 NAAQS’’ to the end of the table to read as follows: ■ § 52.470 * Identification of plan. * * (e) * * * * EPA approval date * 8/21/2015 [Insert Federal Register citation]. Pollution Rule (CSAPR). The CSAPR addresses the ‘‘good neighbor’’ provision of the Clean Air Act (CAA or Act) that requires states to reduce the transport of pollution that significantly affects downwind air quality. In this final action EPA is approving Kansas’ SIP revision, incorporating the statedetermined allocations for the 2016 control periods into the SIP, and amending the regulatory text of the CSAPR Federal Implementation Plan (FIP) to reflect this approval and inclusion of the state-determined allocations. EPA is taking direct final action to approve Kansas’ SIP revision because it meets the requirements of the CAA and the CSAPR requirements to replace EPA’s allowance allocations for the 2016 control periods. This action is being taken pursuant to the CAA and its implementing regulations. EPA’s allocations of CSAPR trading program allowances for Kansas for control periods in 2017 and beyond remain in place until the State submits and EPA approves state-determined allowance allocations for those control periods through another SIP revision. The CSAPR FIPs for Kansas remain in place 50789 * Additional explanation * * This action addresses the following CAA elements, or portions thereof: 110(a)(2)(D)(i)(I). until such time as the State decides to replace the FIPs with a SIP revision. DATES: This direct final rule will be effective September 30, 2015, without further notice, unless EPA receives adverse comment by September 21, 2015. If EPA receives adverse comment, we will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R07– OAR–2015–0564, by one of the following methods: 1. www.regulations.gov. Follow the on-line instructions for submitting comments. 2. Email: Kemp.lachala@epa.gov. 3. Mail or Hand Delivery: Lachala Kemp, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219. Instructions: Direct your comments to Docket ID No. EPA–R07–OAR–2015– 0564. 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 E:\FR\FM\21AUR1.SGM 21AUR1 rmajette on DSK7SPTVN1PROD with RULES 50790 Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Rules and Regulations 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. 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:// www2.epa.gov/dockets/commentingepa-dockets. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the docket are listed in the 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 form. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219. The Regional Office’s official hours of business are Monday through Friday, 8:00 to 4:30 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: Lachala Kemp, Environmental Protection Agency, Air Planning and VerDate Sep<11>2014 14:16 Aug 20, 2015 Jkt 235001 Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at 913–551–7214 or by email at Kemp.lachalasa@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ refer to EPA. This section provides additional information by addressing the following: I. What is being addressed in this document? II. 2016 CSAPR SIPs III. What is EPA’s analysis of Kansas’ submission? IV. Final Action I. What is being addressed in this document? EPA is taking direct final action to approve revisions to the SIP submitted by the State of Kansas in a letter dated March 30, 2015, that modifies the allocations of annual NOX allowances established by EPA under the CSAPR FIPs for existing EGUs for the 2016 control periods.1 The CSAPR allows a subject state, instead of EPA, to allocate allowances under the SO2 annual, NOX annual, and NOX ozone season trading programs to existing EGUs in the State for the 2016 control periods provided that the state meets certain regulatory requirements.2 EPA issued the CSAPR on August 8, 2011, to address CAA section 110(a)(2)(D)(i)(I) requirements concerning the interstate transport of air pollution and to replace the Clean Air Interstate Rule 3 (CAIR), which the United States Court of Appeals for the District of Columbia Circuit (DC Circuit) remanded to EPA for replacement.4 EPA found that emissions of SO2 and NOX in 28 eastern, midwestern, and southern states 5 contribute significantly to nonattainment or interfere with maintenance in one or more downwind states with respect to one or more of three air quality standards—the annual 1 Federal Implementation Plans: Interstate Transport of Fine Particulate Matter and Ozone and Correction of SIP Approvals; August 8, 2011 (76 FR 48208). 2 The CSAPR is implemented in two Phases (I and II) with Phase I referring to 2015 and 2016 control periods, and Phase II consisting of 2017 and beyond control periods. 3 Rule To Reduce Interstate Transport of Fine Particulate Matter and Ozone (Clean Air Interstate Rule); Revisions to Acid Rain Program; Revisions to the NOX SIP Call; May 12, 2005 (70 FR 25162). 4 North Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 2008), modified on reh’g, 550 F.3d 1176 (D.C. Cir. 2008). 5 The CSAPR obligations related to ozone-season NOX emissions for five states were established in a separate rule referred to as the Supplemental Rule. Federal Implementation Plans for Iowa, Michigan, Missouri, Oklahoma, and Wisconsin and Determination for Kansas Regarding Interstate Transport of Ozone; December 27, 2011 (76 FR 80760). PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 PM2.5 NAAQS promulgated in 1997 6 (15 micrograms per cubic meter (mg/m3)), the 24-hour PM2.5 NAAQS promulgated in 2006 7 (35 mg/m3), and the 8-hour ozone NAAQS promulgated in 1997 8 (0.08 parts per million). The CSAPR identified emission reduction responsibilities of upwind states, and also promulgated enforceable FIPs to achieve the required emission reductions in each of these states through cost effective and flexible requirements for power plants. Kansas is subject to the FIPs that implement the CSAPR and require certain EGUs to participate in the EPAadministered Federal SO2 annual and NOX annual cap-and trade programs.9 Kansas’ March 30, 2015, SIP revision allocates allowances under the CSAPR to existing EGUs in the State for the 2016 control periods only. Kansas’ SIP revision includes state-determined allocations for the CSAPR NOX annual trading program, and complies with the 2016 NOX allowance allocation SIP requirements set forth at 40 CFR 52.38. Pursuant to these regulations, a state may replace EPA’s CSAPR NOX allowance allocations for existing EGUs for the 2016 control periods provided that the state submits a timely SIP revision containing those allocations to EPA that meets the requirements in 40 CFR 52.38. Through this action, EPA is approving Kansas’ March 30, 2015, SIP revision, incorporating the allocations into the SIP, and amending the CSAPR FIP’s regulatory text for Kansas at 40 CFR 52.882 to reflect this approval and inclusion of the state-determined allowance allocation for the 2016 control periods. EPA’s allocations of CSAPR trading program allowances for Kansas for control periods in 2017 and beyond remain in place until the State submits and EPA approves statedetermined allocations for those control periods through another SIP revision. EPA is not making any other changes to the CSAPR FIPs for Kansas in this action. The CSAPR FIPs for Kansas remain in place until such time the 6 National Ambient Air Quality Standards for Particulate Matter; July 18, 1997 (62 FR 36852). 7 National Ambient Air Quality Standards for Particulate Matter; October 17, 2006 (71 FR 61144). 8 National Ambient Air Quality Standards for Ozone; July 18, 1997 (62 FR 38856). 9 On July 28, 2015, the DC Circuit, issued an opinion upholding CSAPR, but remanding without vacatur certain state emissions budgets to EPA for reconsideration. EME Homer City Generation, L.P. v. EPA, No. 11–1302, slip op. CSAPR implementation at this time remains unaffected by the court decision, and EPA will address the remanded emissions budgets in a separate rulemaking. Moreover, Kansas’s emissions budgets were not among those remanded to EPA for reconsideration. E:\FR\FM\21AUR1.SGM 21AUR1 Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Rules and Regulations rmajette on DSK7SPTVN1PROD with RULES State decides to replace the FIPs with a SIP revision. EPA is taking direct final action to approve Kansas’ March 30, 2015, SIP submission because it complies with the CAA and the CSAPR regulations. Below is a summary of the provisions allowing a state to submit SIP revisions to EPA to modify the 2016 allowance allocations. For more detailed information on the CSAPR, refer to the August 8, 2011, preamble and other subsequent related rulemakings referenced throughout this rulemaking. II. 2016 CSAPR SIPs The CSAPR allows states to determine allowance allocations for 2016 control periods through submittal of a complete SIP revision that is narrower in scope than an abbreviated or full SIP submission that states may use to replace the FIPs and/or to determine allocations for control periods in 2017 and beyond. Pursuant to the CSAPR, a state may adopt and include in a SIP revision for the 2016 control period a list of units and the amount of allowances allocated to each unit on the list, provided the list of units and the allocations meet specific requirements set forth in 40 CFR 52.38(a)(3) and (b)(3) for NOX and 52.39(d) and (g) for SO2. If these requirements are met, the Administrator will approve the SIP allowance allocation provisions as replacing the comparable provisions in 40 CFR part 97 for the State. SIP revisions under this expedited process may only allocate the amount of each state budget minus the new unit setaside and the Indian country new unit set-aside. For states subject to multiple trading programs, options are available to submit 2016 state-determined allocations for one or more of the applicable trading programs while leaving unchanged the EPA-determined allocations for 2016 in the remaining applicable trading programs.10 In developing this procedure, EPA set deadlines for submitting the SIP revisions for 2016 allocations and for recordation of the allocations that balanced the need to record allowances sufficiently ahead of the control periods with the desire to allow state flexibility for 2016 control periods. These deadlines allow sufficient time for EPA to review and approve these SIP revisions, taking into account that EPA approval must be final and effective before the 2016 allocations can be recorded and the allowances are 10 States can also submit SIP revisions to replace EPA-determined, existing-unit allocations with state-determined allocations for control periods after 2016 via a separate process described at 40 CFR 52.38(a)(4), (a)(5), (b)(4), and (b)(5) and 52.39(e), (f), (h), and (i). VerDate Sep<11>2014 14:16 Aug 20, 2015 Jkt 235001 50791 available for trading. The CSAPR, as revised, set a deadline of October 17, 2011, or March 6, 2015, (in the case of allocations of ozone season allowances for states covered by the Supplemental Rule) for states to notify EPA of their intent to submit these SIP revisions.11 See 40 CFR 52.38 and 52.39. Twelve states, including Kansas, notified EPA by the applicable deadlines of their intentions to submit SIP revisions affecting 2016 allocations.12 Pursuant to EPA’s December 3, 2014, Interim Final Rule,13 the deadlines to submit these SIPs were delayed by three years, making the deadline for these twelve states to submit a 2016 allocation SIP revision April 1, 2015, or October 1, 2015 (in the case of allocations of ozone season NOX allowances for states covered by the Supplemental Rule). Each state may submit a SIP to allocate allowances for the 2016 control periods provided it meets the following requirements pursuant to 40 CFR 52.38 and 52.39: • Notify the EPA Administrator by October 17, 2011 or March 6, 2015, (in the case of allocations of ozone season NOX allowances for states covered by the Supplemental Rule) of intent to submit state allocations for the 2016 control periods in a format specified by the Administrator. See 40 CFR 52.38(a)(3)(v)(A), 52.38(b)(3)(v)(A), 52.39(d)(5)(i), and 52.39(g)(5)(i). • Submit to EPA the SIP revision modifying allowance allocations for the 2016 control periods no later than April 1, 2015, or October 1, 2015 (in the case of allocations of ozone season NOX allowances for states covered by the Supplemental Rule). See 40 CFR 52.38(a)(3)(v)(B), 52.38(b)(3)(v)(B), 52.39(d)(5)(ii), and 52.39(g)(5)(ii). • Provide 2016 state-determined allocations only for units within the State that commenced commercial operation before January 1, 2010. See 40 CFR 52.38(a)(3)(i), 52.38(b)(3)(i), 52.39(d)(1), and 52.39(g)(1). • Ensure that the sum of the statedetermined allocations is equal to or less than the amount of the total state budget for 2016 minus the sum of the new unit set-aside and the Indian country new unit set-aside. See 40 CFR 52.38(a)(3)(ii), 52.38(b)(3)(ii), 52.39(d)(2), and 52.39(g)(2). • Submit the list of units and the 2016 state-determined allowance allocations as a SIP revision electronically to EPA in the format specified by the Administrator. See 40 CFR 52.38(a)(3)(iii), 52.38(b)(3)(iii), 52.39(d)(3), and 52.39(g)(3). • Confirm that the SIP revision does not provide for any changes to the listed units or allocations after approval of the SIP revision by EPA and does not provide for any change to any allocation determined and recorded by the Administrator under subpart AAAAA, BBBBB, CCCCC, or DDDDD of 40 CFR part 97. See 40 CFR 52.38(a)(3)(iv), 52.38(b)(3)(iv), 52.39(d)(4), and 52.39(g)(4). Additionally, these limited SIP revisions for the 2016 state-determined allocations are required to comply with SIP completeness elements set forth in 40 CFR part 51, appendix V (i.e., conduct adequate public notice of the submission, provide evidence of legal authority to adopt SIP revisions, and ensure that the SIP is submitted to EPA by the State’s Governor or his/her designee). If a state submits to EPA a 2016 CSAPR SIP revision meeting all the above-described requirements, including compliance with the applicable notification and submission deadlines, and EPA approves the SIP submission by October 1, 2015 (or April 1, 2016, in the case of allocations of ozone season NOX allowances for states covered by the Supplemental Rule), EPA will record state-determined allocations for 2016 by October 1, 2015, (or April 1, 2016) into the Allowance Management System (AMS). Kansas’ March 30, 2015 SIP submission addresses the aforementioned requirements allowing a state to allocate 2016 CSAPR allowances for the annual NOX trading program. EPA’s analysis of Kansas’s SIP submission is explained below. 11 For the five states (Iowa, Michigan, Missouri, Oklahoma, and Wisconsin) covered in the Supplemental Rule in the case of ozone season NOX, March 6, 2012, was originally the date by which notifications of intentions to submit state allocations were due to the Administrator, but the date was later delayed to March 6, 2015. See 76 FR 80760 and 79 FR 71671. 12 The docket for this action contains Kansas’ October 14, 2011 letter notifying EPA of its intention to submit a SIP revision. 13 Rulemaking to Amend Dates in Federal Implementation Plans Addressing Interstate Transport of Ozone and Fine Particulate Matter; December 3, 2014 (79 FR 71663). On March 30, 2015, Kansas submitted a SIP revision intended to replace the CSAPR FIP allocations of the CSAPR NOX annual allowances for the 2016 control periods. For approval, this SIP revision must meet the applicable requirements found in 40 CFR 52.38(a)(3) described in section II of this document. The following is a list of criteria under 40 CFR 52.38(a)(3) and (b)(3) and 52.39(d) and (g), described above in this document, and the results PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 III. What is EPA’s analysis of Kansas’ SIP submission? E:\FR\FM\21AUR1.SGM 21AUR1 50792 Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Rules and Regulations rmajette on DSK7SPTVN1PROD with RULES of EPA’s analysis of Kansas’ SIP revision: A. Notification from a State to EPA must be received by October 17, 2011, or March 6, 2015, in the case of ozone season NOX SIP revisions for states covered by the December 27, 2011 Supplemental Rule (76 FR 80760), of its intent to submit a complete SIP revision for 2016 existing unit allocations (40 CFR 52.38(a)(3)(v)(A), 52.38(b)(3)(v)(A), 52.39(d)(5)(i), and 52.39(g)(5)(i)). On October 14, 2011, Kansas notified EPA via a letter of the State’s intent to submit complete SIP revisions for allocating TR NOX Annual allowances 14 to existing units (i.e., units that commenced commercial operation before January 1, 2010) for the second implementation year of the CSAPR trading programs.15 B. A complete SIP revision must be submitted to EPA no later than April 1, 2015, or October 1, 2015, in the case of ozone season NOX SIP revisions for states covered by the December 27, 2011 Supplemental Rule (76 FR 80760) (40 CFR 52.38(a)(3)(v)(B), 52.38(b)(3)(v)(B), 52.39(d)(5)(ii), and 52.39(g)(5)(ii)). EPA has reviewed the March 30, 2015 submittal from Kansas and found it to be complete. This submittal satisfies the applicable elements of SIP completeness set forth in appendix V to 40 CFR part 51. C. The SIP revision should include a list of TR NOX Annual, TR NOX Ozone Season, TR SO2 Group 1 or Group 2 units, whichever is applicable, that are in the State and commenced commercial operation before January 1, 2010 (40 CFR 52.38(a)(3)(i), 52.38(b)(3)(i), 52.39(d)(1), and 52.39(g)(1)). As part of Kansas’ SIP revision, the State submitted a list of units to be allocated TR NOX Annual allowances for the 2016 control period. The list identifies the same units as were identified in the notice of data availability (NODA) published by EPA on December 3, 2014 (79 FR 71674). Hence, EPA has determined that each unit on the list submitted by Kansas as part of the SIP revision is located in the 14 The abbreviation ‘‘TR’’ in certain legal terms used in the CSAPR trading programs, including the legal terms for the trading program allowances, stands for ‘‘Transport Rule,’’ an earlier name for the CSAPR. 15 The October 14, 2011 letter submitted to EPA by Kansas also indicates that the State intended to submit a SIP revision for allocating TR NOX Ozone Season allowances (if EPA’s proposal to include Kansas in that program was finalized) and TR SO2 Group 2 allowances. After that letter was submitted EPA did not finalize the proposal to include Kansas in the TR NOX Ozone Season Trading Program and the State decided not to submit a SIP revision for the TR SO2 Group 2 allocations for the 2016 control period. VerDate Sep<11>2014 14:16 Aug 20, 2015 Jkt 235001 State of Kansas and had commenced commercial operation before January 1, 2010. D. The total amount of TR NOX Annual, TR NOX Ozone Season, or TR SO2 Group 1 or Group 2 allowance allocations, whichever is applicable, must not exceed the amount, under 40 CFR 97.410(a), 97.510(a), 97.610(a), or 97.710(a), whichever is applicable, for the State and the control periods in 2016, of the TR NOX Annual, TR NOX Ozone Season, TR SO2 Group 1 or Group 2 trading budget minus the sum of the new unit set-aside and Indian country new unit set-aside (40 CFR 52.38(a)(3)(ii), 52.38(b)(3)(ii), 52.39(d)(2), and 52.39(g)(2)). As amended, the CSAPR established the NOX Annual budget, new unit setaside, and Indian country new unit setaside for Kansas for the 2016 control period as 31,354 tons, 596 tons, and 31 tons, respectively. Kansas’ SIP revision, for approval in this action, does not affect this budget, which is a total amount of allowances available for allocation for the 2016 control period under the EPA-administered cap-andtrade program under the CSAPR FIPs. In short, the abbreviated SIP revision only affects allocations of allowances under the established state budget. The Kansas SIP revision allocating TR NOX Annual allowances for the 2016 control period does not establish allocations exceeding the amount of the budget under § 97.410(a) minus the sum of the new unit set-aside and the Indian County new unit set aside (31,354 tons¥(596 tons + 31 tons) = 30,727 tons). The Kansas SIP revision allocates 30,727 TR NOX Annual allowances to existing units in the State. E. The list should be submitted electronically in the format specified by the EPA (40 CFR 52.38(a)(3)(iii), 52.38(b)(3)(iii), 52.39(d)(3), and 52.39(g)(3)). On March 30, 2015, EPA received an email submittal from Kansas in the EPAapproved format. F. The SIP revision should not provide for any changes to the listed units or allocations after approval of the SIP revision and should not provide for any change to any allocation determined and recorded by the Administrator under subpart AAAAA, BBBBB, CCCCC, or DDDDD of 40 CFR part 97 (40 CFR 52.38(a)(3)(iv), 52.38(b)(3)(iv), 52.39(d)(4), and 52.39(g)(4)). The Kansas SIP revision does not provide for any changes to the listed units or allocations after approval of the SIP revision and does not provide for any change to any allocation determined and recorded by the Administrator PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 under subpart AAAAA, BBBBB, CCCCC, or DDDDD of 40 CFR part 97. For the reasons discussed above, Kansas’ SIP revision complies with the 2016 allowance allocation SIP requirements established in the CSAPR FIPs as codified at 40 CFR 52.38. Through this action, EPA is approving Kansas’ March 30, 2015, SIP revision, incorporating the allocations into the SIP, and amending the CSAPR FIPs’ regulatory text for Kansas at 40 CFR 52.882 to reflect this approval and inclusion of the state-determined allowance allocations for the 2016 control periods. EPA is not making any other changes to the CSAPR FIPs for Kansas in this action. EPA is taking final action to approve Kansas’ March 30, 2015 SIP revision because it is in accordance with the CAA and its implementing regulations. IV. Final Action EPA is taking final action to approve Kansas’ March 30, 2015, CSAPR SIP revisions that provide Kansas’ statedetermined allowance allocations for existing EGUs in the State for the 2016 control periods to replace certain allowance allocations for the 2016 control periods established by EPA under the CSAPR. Consistent with the flexibility given to states in the CSAPR FIPs at 40 CFR 52.38, Kansas’ SIP revision allocates allowances to existing EGUs in the State under the CSAPR’s NOX annual trading program. Kansas’ SIP revision meets the applicable requirements in 40 CFR 52.38 for NOX annual allowance allocations for the 2016 control periods. EPA is approving Kansas’ SIP revision because it is in accordance with the CAA and its implementing regulations. EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. However, in the proposed rules section of this Federal Register publication, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision should adverse comments be filed. This rule will be effective September 30, 2015 without further notice unless the Agency receives adverse comments by September 21, 2015. If EPA receives such comments, then EPA will publish a document withdrawing the final rule and informing the public that the rule will not take effect. All public comments received will then be addressed in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period. Parties interested in commenting should do so E:\FR\FM\21AUR1.SGM 21AUR1 50793 Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Rules and Regulations at this time. If no such comments are received, the public is advised that this rule will be effective on September 30, 2015 and no further action will be taken on the proposed rule. 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, 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 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 Clean Air Act; 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). 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 October 20, 2015. 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 CAA 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, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides. Dated: August 12, 2015. Mark Hague, Acting Regional Administrator, Region 7. For the reasons stated in the preamble, EPA 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 a new entry (40) at the end of the table to read as follows: ■ § 52.870 * Identification of plan. * * (e) * * * * * EPA-APPROVED KANSAS NONREGULATORY PROVISIONS Applicable geographic or nonattainment area Name of nonregulatory SIP provision State submittal date rmajette on DSK7SPTVN1PROD with RULES * * * * (40) Cross State Air Pollution Rule—State-Deter- Statewide ..................... mined Allowance Allocations for the 2016 control periods. 3. Section 52.882 is amended by adding paragraph (a)(3) to read as follows: ■ EPA Approval date * 3/30/15 § 52.882 Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of nitrogen oxides? (a) * * * (3) Pursuant to § 52.38(a)(3), Kansas’ state-determined TR NOX Annual VerDate Sep<11>2014 14:16 Aug 20, 2015 Jkt 235001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 * 8/21/2015 [Insert Federal Register citation]. Explanation * allowance allocations established in the March 30, 2015, SIP revision replace the unit-level TR NOX Annual allowance allocation provisions of the TR NOX Annual Trading Program at 40 CFR 97.411(a) for the State for the 2016 control period with a list of TR NOX E:\FR\FM\21AUR1.SGM 21AUR1 50794 Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Rules and Regulations Annual units that commenced operation prior to January 1, 2010, in the State and the state-determined amount of TR NOX Annual allowances allocated to each unit on such list for the 2016 control period, as approved by EPA on August 21, 2015, [Insert Federal Register citation]. * * * * * [FR Doc. 2015–20629 Filed 8–20–15; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY Idaho: Final Authorization of State Hazardous Waste Management Program; Revision Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: Idaho applied to the Environmental Protection Agency (EPA) for final authorization of certain changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA), as amended. On June 2, 2015, the EPA published a proposed rule to authorize the changes and opened a public comment period under Docket ID No. EPA–R10–RCRA– 2015–0307. The comment period closed on July 2, 2015. The EPA received no comments on the proposed rule. The EPA has determined that the revisions to the Idaho hazardous waste management program satisfy all the requirements necessary to qualify for final authorization. The EPA is approving these revisions to Idaho’s authorized hazardous waste management program in this final rule. DATES: Final authorization for the revisions to the hazardous waste management program in Idaho shall be effective at 1 p.m. EST on September 21, 2015. ADDRESSES: Docket: 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., Confidential Business Information 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 EPA Region 10 Library, 1200 Sixth Avenue, Suite 900, rmajette on DSK7SPTVN1PROD with RULES 14:16 Aug 20, 2015 Jkt 235001 Barbara McCullough, U.S. EPA, Region 10, 1200 Sixth Avenue, Suite 900, Mail Stop: AWT–150, Seattle, Washington 98101, email: mccullough.barbara@ epa.gov, phone number (206) 553–2416. A. Why are revisions to state programs necessary? [EPA–R10–RCRA–2015–0307; FRL–9932– 87–Region 10] VerDate Sep<11>2014 FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: 40 CFR Part 271 SUMMARY: Seattle, Washington 98101. The EPA Region 10 Library is open from 9:00 a.m. to noon, and 1:00 to 4:00 p.m. pst Monday through Friday, excluding legal holidays. The EPA Region 10 Library telephone number is (206) 553–1289. States which have received final authorization from the EPA under RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste program that is equivalent to, consistent with, and no less stringent than the Federal program. As the Federal program changes, states must change their programs and ask the EPA to authorize their changes. Changes to state programs may be necessary when Federal or state statutory or regulatory authority is modified or when certain other changes occur. Most commonly, states must change their programs because of changes to the EPA’s regulations codified in Title 40 of the Code of Federal Regulations (CFR) parts 124, 260 through 268, 270, 273, and 279. Idaho’s hazardous waste management program received final authorization effective on April 9, 1990 (55 FR 11015, March 29, 1990). Subsequently, the EPA authorized revisions to the State’s program effective June 5, 1992 (57 FR 11580, April 6, 1992), August 10, 1992 (57 FR 24757, June 11, 1992), June 11, 1995 (60 FR 18549, April 12, 1995), January 19, 1999 (63 FR 56086, October 21, 1998), July 1, 2002 (67 FR 44069, July 1, 2002), March 10, 2004 (69 FR 11322, March 10, 2004), July 22, 2005 (70 FR 42273, July 22, 2005), February 26, 2007 (72 FR 8283, February 26, 2007), December 23, 2008 (73 FR 78647, December 23, 2008), and July 11, 2012 (77 FR 34229, June 11, 2012). This final rule addresses a program revision application that Idaho submitted to the EPA in February 2015, in accordance with 40 CFR 271.21, seeking authorization of changes to the State program. On June 2, 2015, the EPA published a proposed rule (80 FR 31338) stating the Agency’s intent to grant final authorization for revisions to Idaho’s hazardous waste management program. The public comment period on this proposed rule ended on July 2, 2015, with no comments received. PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 B. What decisions have we made in this final rule concerning authorization? The EPA has made a final determination that Idaho’s revisions to its authorized hazardous waste management program meet all the statutory and regulatory requirements established by RCRA for authorization. Therefore, the EPA is authorizing the revised State of Idaho hazardous waste management program for all delegable Federal hazardous waste regulations codified by Idaho as of July 1, 2013, as described in the Attorney General’s Statement in the February 2015 program revision application, and as discussed in Section E of this rule. Idaho’s authorized program will be responsible for carrying out the aspects of the RCRA program described in its program revision application subject to the limitations of RCRA, including the Hazardous and Solid Waste Amendments (HSWA) 42 U.S.C. 6924, et seq. (1984). New Federal requirements and prohibitions imposed by Federal regulations that the EPA promulgates under the authority of HSWA, and which are not less stringent than existing requirements, take effect in authorized states before the states are authorized for the requirements. Thus, the EPA will implement those requirements and prohibitions in Idaho, including issuing permits, until the State is granted authorization to do so. C. What will be the effect of this action? The effect of this action is that a facility in Idaho subject to RCRA must comply with the authorized state program requirements in lieu of the corresponding Federal requirements to comply with RCRA. Additionally, such persons must comply with any applicable Federal requirements, such as, for example, HSWA regulations issued by the EPA for which the State has not received authorization, and RCRA requirements that are not supplanted by authorized state requirements. Idaho continues to have enforcement responsibilities under its state hazardous waste management program for violations of this program, but the EPA retains its authority under RCRA sections 3007, 3008, 3013, and 7003, 42 U.S.C. 6927, 6928, 6934 and 6973, and any other applicable statutory and regulatory provisions, which includes, among others, the authority to: • Conduct inspections; • Require monitoring, tests, analyses, or reports; • Enforce RCRA requirements; • Suspend, terminate, modify or revoke permits; and E:\FR\FM\21AUR1.SGM 21AUR1

Agencies

[Federal Register Volume 80, Number 162 (Friday, August 21, 2015)]
[Rules and Regulations]
[Pages 50789-50794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20629]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0564; FRL-9932-83-Region 7]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Kansas; Cross-State Air Pollution Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the State Implementation Plan 
(SIP) submitted by the State of Kansas in a letter dated March 30, 
2015. This SIP revision provides Kansas' state-determined allowance 
allocations for existing electric generating units (EGUs) in the State 
for the 2016 control periods and replaces certain allowance allocations 
for the 2016 control periods established by EPA under the Cross-State 
Air Pollution Rule (CSAPR). The CSAPR addresses the ``good neighbor'' 
provision of the Clean Air Act (CAA or Act) that requires states to 
reduce the transport of pollution that significantly affects downwind 
air quality. In this final action EPA is approving Kansas' SIP 
revision, incorporating the state-determined allocations for the 2016 
control periods into the SIP, and amending the regulatory text of the 
CSAPR Federal Implementation Plan (FIP) to reflect this approval and 
inclusion of the state-determined allocations. EPA is taking direct 
final action to approve Kansas' SIP revision because it meets the 
requirements of the CAA and the CSAPR requirements to replace EPA's 
allowance allocations for the 2016 control periods. This action is 
being taken pursuant to the CAA and its implementing regulations. EPA's 
allocations of CSAPR trading program allowances for Kansas for control 
periods in 2017 and beyond remain in place until the State submits and 
EPA approves state-determined allowance allocations for those control 
periods through another SIP revision. The CSAPR FIPs for Kansas remain 
in place until such time as the State decides to replace the FIPs with 
a SIP revision.

DATES: This direct final rule will be effective September 30, 2015, 
without further notice, unless EPA receives adverse comment by 
September 21, 2015. If EPA receives adverse comment, we will publish a 
timely withdrawal of the direct final rule in the Federal Register 
informing the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2015-0564, by one of the following methods:
    1. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    2. Email: Kemp.lachala@epa.gov.
    3. Mail or Hand Delivery: Lachala Kemp, Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2015-0564. 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

[[Page 50790]]

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. 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://www2.epa.gov/dockets/commenting-epa-dockets. The www.regulations.gov 
Web site is an ``anonymous access'' system, which means EPA will not 
know your identity or contact information unless you provide it in the 
body of your comment. If you send an email comment directly to EPA 
without going through www.regulations.gov, your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the docket are listed in the 
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 
form. Publicly available docket materials are available either 
electronically in www.regulations.gov or in hard copy at the 
Environmental Protection Agency, Air Planning and Development Branch, 
11201 Renner Boulevard, Lenexa, Kansas 66219. The Regional Office's 
official hours of business are Monday through Friday, 8:00 to 4:30 
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: Lachala Kemp, Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219 at 913-551-7214 or by email at 
Kemp.lachalasa@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' refer to EPA. This section provides additional information by 
addressing the following:

I. What is being addressed in this document?
II. 2016 CSAPR SIPs
III. What is EPA's analysis of Kansas' submission?
IV. Final Action

I. What is being addressed in this document?

    EPA is taking direct final action to approve revisions to the SIP 
submitted by the State of Kansas in a letter dated March 30, 2015, that 
modifies the allocations of annual NOX allowances 
established by EPA under the CSAPR FIPs for existing EGUs for the 2016 
control periods.\1\ The CSAPR allows a subject state, instead of EPA, 
to allocate allowances under the SO2 annual, NOX 
annual, and NOX ozone season trading programs to existing 
EGUs in the State for the 2016 control periods provided that the state 
meets certain regulatory requirements.\2\ EPA issued the CSAPR on 
August 8, 2011, to address CAA section 110(a)(2)(D)(i)(I) requirements 
concerning the interstate transport of air pollution and to replace the 
Clean Air Interstate Rule \3\ (CAIR), which the United States Court of 
Appeals for the District of Columbia Circuit (DC Circuit) remanded to 
EPA for replacement.\4\ EPA found that emissions of SO2 and 
NOX in 28 eastern, midwestern, and southern states \5\ 
contribute significantly to nonattainment or interfere with maintenance 
in one or more downwind states with respect to one or more of three air 
quality standards--the annual PM2.5 NAAQS promulgated in 
1997 \6\ (15 micrograms per cubic meter ([micro]g/m\3\)), the 24-hour 
PM2.5 NAAQS promulgated in 2006 \7\ (35 [micro]g/m\3\), and 
the 8-hour ozone NAAQS promulgated in 1997 \8\ (0.08 parts per 
million). The CSAPR identified emission reduction responsibilities of 
upwind states, and also promulgated enforceable FIPs to achieve the 
required emission reductions in each of these states through cost 
effective and flexible requirements for power plants.
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    \1\ Federal Implementation Plans: Interstate Transport of Fine 
Particulate Matter and Ozone and Correction of SIP Approvals; August 
8, 2011 (76 FR 48208).
    \2\ The CSAPR is implemented in two Phases (I and II) with Phase 
I referring to 2015 and 2016 control periods, and Phase II 
consisting of 2017 and beyond control periods.
    \3\ Rule To Reduce Interstate Transport of Fine Particulate 
Matter and Ozone (Clean Air Interstate Rule); Revisions to Acid Rain 
Program; Revisions to the NOX SIP Call; May 12, 2005 (70 
FR 25162).
    \4\ North Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 2008), 
modified on reh'g, 550 F.3d 1176 (D.C. Cir. 2008).
    \5\ The CSAPR obligations related to ozone-season NOX 
emissions for five states were established in a separate rule 
referred to as the Supplemental Rule. Federal Implementation Plans 
for Iowa, Michigan, Missouri, Oklahoma, and Wisconsin and 
Determination for Kansas Regarding Interstate Transport of Ozone; 
December 27, 2011 (76 FR 80760).
    \6\ National Ambient Air Quality Standards for Particulate 
Matter; July 18, 1997 (62 FR 36852).
    \7\ National Ambient Air Quality Standards for Particulate 
Matter; October 17, 2006 (71 FR 61144).
    \8\ National Ambient Air Quality Standards for Ozone; July 18, 
1997 (62 FR 38856).
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    Kansas is subject to the FIPs that implement the CSAPR and require 
certain EGUs to participate in the EPA-administered Federal 
SO2 annual and NOX annual cap-and trade 
programs.\9\ Kansas' March 30, 2015, SIP revision allocates allowances 
under the CSAPR to existing EGUs in the State for the 2016 control 
periods only. Kansas' SIP revision includes state-determined 
allocations for the CSAPR NOX annual trading program, and 
complies with the 2016 NOX allowance allocation SIP 
requirements set forth at 40 CFR 52.38. Pursuant to these regulations, 
a state may replace EPA's CSAPR NOX allowance allocations 
for existing EGUs for the 2016 control periods provided that the state 
submits a timely SIP revision containing those allocations to EPA that 
meets the requirements in 40 CFR 52.38.
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    \9\ On July 28, 2015, the DC Circuit, issued an opinion 
upholding CSAPR, but remanding without vacatur certain state 
emissions budgets to EPA for reconsideration. EME Homer City 
Generation, L.P. v. EPA, No. 11-1302, slip op. CSAPR implementation 
at this time remains unaffected by the court decision, and EPA will 
address the remanded emissions budgets in a separate rulemaking. 
Moreover, Kansas's emissions budgets were not among those remanded 
to EPA for reconsideration.
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    Through this action, EPA is approving Kansas' March 30, 2015, SIP 
revision, incorporating the allocations into the SIP, and amending the 
CSAPR FIP's regulatory text for Kansas at 40 CFR 52.882 to reflect this 
approval and inclusion of the state-determined allowance allocation for 
the 2016 control periods. EPA's allocations of CSAPR trading program 
allowances for Kansas for control periods in 2017 and beyond remain in 
place until the State submits and EPA approves state-determined 
allocations for those control periods through another SIP revision. EPA 
is not making any other changes to the CSAPR FIPs for Kansas in this 
action. The CSAPR FIPs for Kansas remain in place until such time the

[[Page 50791]]

State decides to replace the FIPs with a SIP revision. EPA is taking 
direct final action to approve Kansas' March 30, 2015, SIP submission 
because it complies with the CAA and the CSAPR regulations. Below is a 
summary of the provisions allowing a state to submit SIP revisions to 
EPA to modify the 2016 allowance allocations. For more detailed 
information on the CSAPR, refer to the August 8, 2011, preamble and 
other subsequent related rulemakings referenced throughout this 
rulemaking.

II. 2016 CSAPR SIPs

    The CSAPR allows states to determine allowance allocations for 2016 
control periods through submittal of a complete SIP revision that is 
narrower in scope than an abbreviated or full SIP submission that 
states may use to replace the FIPs and/or to determine allocations for 
control periods in 2017 and beyond. Pursuant to the CSAPR, a state may 
adopt and include in a SIP revision for the 2016 control period a list 
of units and the amount of allowances allocated to each unit on the 
list, provided the list of units and the allocations meet specific 
requirements set forth in 40 CFR 52.38(a)(3) and (b)(3) for 
NOX and 52.39(d) and (g) for SO2. If these 
requirements are met, the Administrator will approve the SIP allowance 
allocation provisions as replacing the comparable provisions in 40 CFR 
part 97 for the State. SIP revisions under this expedited process may 
only allocate the amount of each state budget minus the new unit set-
aside and the Indian country new unit set-aside. For states subject to 
multiple trading programs, options are available to submit 2016 state-
determined allocations for one or more of the applicable trading 
programs while leaving unchanged the EPA-determined allocations for 
2016 in the remaining applicable trading programs.\10\
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    \10\ States can also submit SIP revisions to replace EPA-
determined, existing-unit allocations with state-determined 
allocations for control periods after 2016 via a separate process 
described at 40 CFR 52.38(a)(4), (a)(5), (b)(4), and (b)(5) and 
52.39(e), (f), (h), and (i).
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    In developing this procedure, EPA set deadlines for submitting the 
SIP revisions for 2016 allocations and for recordation of the 
allocations that balanced the need to record allowances sufficiently 
ahead of the control periods with the desire to allow state flexibility 
for 2016 control periods. These deadlines allow sufficient time for EPA 
to review and approve these SIP revisions, taking into account that EPA 
approval must be final and effective before the 2016 allocations can be 
recorded and the allowances are available for trading. The CSAPR, as 
revised, set a deadline of October 17, 2011, or March 6, 2015, (in the 
case of allocations of ozone season allowances for states covered by 
the Supplemental Rule) for states to notify EPA of their intent to 
submit these SIP revisions.\11\ See 40 CFR 52.38 and 52.39.
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    \11\ For the five states (Iowa, Michigan, Missouri, Oklahoma, 
and Wisconsin) covered in the Supplemental Rule in the case of ozone 
season NOX, March 6, 2012, was originally the date by 
which notifications of intentions to submit state allocations were 
due to the Administrator, but the date was later delayed to March 6, 
2015. See 76 FR 80760 and 79 FR 71671.
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    Twelve states, including Kansas, notified EPA by the applicable 
deadlines of their intentions to submit SIP revisions affecting 2016 
allocations.\12\ Pursuant to EPA's December 3, 2014, Interim Final 
Rule,\13\ the deadlines to submit these SIPs were delayed by three 
years, making the deadline for these twelve states to submit a 2016 
allocation SIP revision April 1, 2015, or October 1, 2015 (in the case 
of allocations of ozone season NOX allowances for states 
covered by the Supplemental Rule). Each state may submit a SIP to 
allocate allowances for the 2016 control periods provided it meets the 
following requirements pursuant to 40 CFR 52.38 and 52.39:
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    \12\ The docket for this action contains Kansas' October 14, 
2011 letter notifying EPA of its intention to submit a SIP revision.
    \13\ Rulemaking to Amend Dates in Federal Implementation Plans 
Addressing Interstate Transport of Ozone and Fine Particulate 
Matter; December 3, 2014 (79 FR 71663).
---------------------------------------------------------------------------

     Notify the EPA Administrator by October 17, 2011 or March 
6, 2015, (in the case of allocations of ozone season NOX 
allowances for states covered by the Supplemental Rule) of intent to 
submit state allocations for the 2016 control periods in a format 
specified by the Administrator. See 40 CFR 52.38(a)(3)(v)(A), 
52.38(b)(3)(v)(A), 52.39(d)(5)(i), and 52.39(g)(5)(i).
     Submit to EPA the SIP revision modifying allowance 
allocations for the 2016 control periods no later than April 1, 2015, 
or October 1, 2015 (in the case of allocations of ozone season 
NOX allowances for states covered by the Supplemental Rule). 
See 40 CFR 52.38(a)(3)(v)(B), 52.38(b)(3)(v)(B), 52.39(d)(5)(ii), and 
52.39(g)(5)(ii).
     Provide 2016 state-determined allocations only for units 
within the State that commenced commercial operation before January 1, 
2010. See 40 CFR 52.38(a)(3)(i), 52.38(b)(3)(i), 52.39(d)(1), and 
52.39(g)(1).
     Ensure that the sum of the state-determined allocations is 
equal to or less than the amount of the total state budget for 2016 
minus the sum of the new unit set-aside and the Indian country new unit 
set-aside. See 40 CFR 52.38(a)(3)(ii), 52.38(b)(3)(ii), 52.39(d)(2), 
and 52.39(g)(2).
     Submit the list of units and the 2016 state-determined 
allowance allocations as a SIP revision electronically to EPA in the 
format specified by the Administrator. See 40 CFR 52.38(a)(3)(iii), 
52.38(b)(3)(iii), 52.39(d)(3), and 52.39(g)(3).
     Confirm that the SIP revision does not provide for any 
changes to the listed units or allocations after approval of the SIP 
revision by EPA and does not provide for any change to any allocation 
determined and recorded by the Administrator under subpart AAAAA, 
BBBBB, CCCCC, or DDDDD of 40 CFR part 97. See 40 CFR 52.38(a)(3)(iv), 
52.38(b)(3)(iv), 52.39(d)(4), and 52.39(g)(4).
    Additionally, these limited SIP revisions for the 2016 state-
determined allocations are required to comply with SIP completeness 
elements set forth in 40 CFR part 51, appendix V (i.e., conduct 
adequate public notice of the submission, provide evidence of legal 
authority to adopt SIP revisions, and ensure that the SIP is submitted 
to EPA by the State's Governor or his/her designee). If a state submits 
to EPA a 2016 CSAPR SIP revision meeting all the above-described 
requirements, including compliance with the applicable notification and 
submission deadlines, and EPA approves the SIP submission by October 1, 
2015 (or April 1, 2016, in the case of allocations of ozone season 
NOX allowances for states covered by the Supplemental Rule), 
EPA will record state-determined allocations for 2016 by October 1, 
2015, (or April 1, 2016) into the Allowance Management System (AMS). 
Kansas' March 30, 2015 SIP submission addresses the aforementioned 
requirements allowing a state to allocate 2016 CSAPR allowances for the 
annual NOX trading program. EPA's analysis of Kansas's SIP 
submission is explained below.

III. What is EPA's analysis of Kansas' SIP submission?

    On March 30, 2015, Kansas submitted a SIP revision intended to 
replace the CSAPR FIP allocations of the CSAPR NOX annual 
allowances for the 2016 control periods. For approval, this SIP 
revision must meet the applicable requirements found in 40 CFR 
52.38(a)(3) described in section II of this document. The following is 
a list of criteria under 40 CFR 52.38(a)(3) and (b)(3) and 52.39(d) and 
(g), described above in this document, and the results

[[Page 50792]]

of EPA's analysis of Kansas' SIP revision:
    A. Notification from a State to EPA must be received by October 17, 
2011, or March 6, 2015, in the case of ozone season NOX SIP 
revisions for states covered by the December 27, 2011 Supplemental Rule 
(76 FR 80760), of its intent to submit a complete SIP revision for 2016 
existing unit allocations (40 CFR 52.38(a)(3)(v)(A), 52.38(b)(3)(v)(A), 
52.39(d)(5)(i), and 52.39(g)(5)(i)).
    On October 14, 2011, Kansas notified EPA via a letter of the 
State's intent to submit complete SIP revisions for allocating TR 
NOX Annual allowances \14\ to existing units (i.e., units 
that commenced commercial operation before January 1, 2010) for the 
second implementation year of the CSAPR trading programs.\15\
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    \14\ The abbreviation ``TR'' in certain legal terms used in the 
CSAPR trading programs, including the legal terms for the trading 
program allowances, stands for ``Transport Rule,'' an earlier name 
for the CSAPR.
    \15\ The October 14, 2011 letter submitted to EPA by Kansas also 
indicates that the State intended to submit a SIP revision for 
allocating TR NOX Ozone Season allowances (if EPA's 
proposal to include Kansas in that program was finalized) and TR 
SO2 Group 2 allowances. After that letter was submitted 
EPA did not finalize the proposal to include Kansas in the TR 
NOX Ozone Season Trading Program and the State decided 
not to submit a SIP revision for the TR SO2 Group 2 
allocations for the 2016 control period.
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    B. A complete SIP revision must be submitted to EPA no later than 
April 1, 2015, or October 1, 2015, in the case of ozone season 
NOX SIP revisions for states covered by the December 27, 
2011 Supplemental Rule (76 FR 80760) (40 CFR 52.38(a)(3)(v)(B), 
52.38(b)(3)(v)(B), 52.39(d)(5)(ii), and 52.39(g)(5)(ii)).
    EPA has reviewed the March 30, 2015 submittal from Kansas and found 
it to be complete. This submittal satisfies the applicable elements of 
SIP completeness set forth in appendix V to 40 CFR part 51.
    C. The SIP revision should include a list of TR NOX 
Annual, TR NOX Ozone Season, TR SO2 Group 1 or 
Group 2 units, whichever is applicable, that are in the State and 
commenced commercial operation before January 1, 2010 (40 CFR 
52.38(a)(3)(i), 52.38(b)(3)(i), 52.39(d)(1), and 52.39(g)(1)).
    As part of Kansas' SIP revision, the State submitted a list of 
units to be allocated TR NOX Annual allowances for the 2016 
control period. The list identifies the same units as were identified 
in the notice of data availability (NODA) published by EPA on December 
3, 2014 (79 FR 71674). Hence, EPA has determined that each unit on the 
list submitted by Kansas as part of the SIP revision is located in the 
State of Kansas and had commenced commercial operation before January 
1, 2010.
    D. The total amount of TR NOX Annual, TR NOX 
Ozone Season, or TR SO2 Group 1 or Group 2 allowance 
allocations, whichever is applicable, must not exceed the amount, under 
40 CFR 97.410(a), 97.510(a), 97.610(a), or 97.710(a), whichever is 
applicable, for the State and the control periods in 2016, of the TR 
NOX Annual, TR NOX Ozone Season, TR 
SO2 Group 1 or Group 2 trading budget minus the sum of the 
new unit set-aside and Indian country new unit set-aside (40 CFR 
52.38(a)(3)(ii), 52.38(b)(3)(ii), 52.39(d)(2), and 52.39(g)(2)).
    As amended, the CSAPR established the NOX Annual budget, 
new unit set-aside, and Indian country new unit set-aside for Kansas 
for the 2016 control period as 31,354 tons, 596 tons, and 31 tons, 
respectively. Kansas' SIP revision, for approval in this action, does 
not affect this budget, which is a total amount of allowances available 
for allocation for the 2016 control period under the EPA-administered 
cap-and-trade program under the CSAPR FIPs. In short, the abbreviated 
SIP revision only affects allocations of allowances under the 
established state budget.
    The Kansas SIP revision allocating TR NOX Annual 
allowances for the 2016 control period does not establish allocations 
exceeding the amount of the budget under Sec.  97.410(a) minus the sum 
of the new unit set-aside and the Indian County new unit set aside 
(31,354 tons-(596 tons + 31 tons) = 30,727 tons). The Kansas SIP 
revision allocates 30,727 TR NOX Annual allowances to 
existing units in the State.
    E. The list should be submitted electronically in the format 
specified by the EPA (40 CFR 52.38(a)(3)(iii), 52.38(b)(3)(iii), 
52.39(d)(3), and 52.39(g)(3)).
    On March 30, 2015, EPA received an email submittal from Kansas in 
the EPA-approved format.
    F. The SIP revision should not provide for any changes to the 
listed units or allocations after approval of the SIP revision and 
should not provide for any change to any allocation determined and 
recorded by the Administrator under subpart AAAAA, BBBBB, CCCCC, or 
DDDDD of 40 CFR part 97 (40 CFR 52.38(a)(3)(iv), 52.38(b)(3)(iv), 
52.39(d)(4), and 52.39(g)(4)).
    The Kansas SIP revision does not provide for any changes to the 
listed units or allocations after approval of the SIP revision and does 
not provide for any change to any allocation determined and recorded by 
the Administrator under subpart AAAAA, BBBBB, CCCCC, or DDDDD of 40 CFR 
part 97.
    For the reasons discussed above, Kansas' SIP revision complies with 
the 2016 allowance allocation SIP requirements established in the CSAPR 
FIPs as codified at 40 CFR 52.38. Through this action, EPA is approving 
Kansas' March 30, 2015, SIP revision, incorporating the allocations 
into the SIP, and amending the CSAPR FIPs' regulatory text for Kansas 
at 40 CFR 52.882 to reflect this approval and inclusion of the state-
determined allowance allocations for the 2016 control periods. EPA is 
not making any other changes to the CSAPR FIPs for Kansas in this 
action. EPA is taking final action to approve Kansas' March 30, 2015 
SIP revision because it is in accordance with the CAA and its 
implementing regulations.

IV. Final Action

    EPA is taking final action to approve Kansas' March 30, 2015, CSAPR 
SIP revisions that provide Kansas' state-determined allowance 
allocations for existing EGUs in the State for the 2016 control periods 
to replace certain allowance allocations for the 2016 control periods 
established by EPA under the CSAPR. Consistent with the flexibility 
given to states in the CSAPR FIPs at 40 CFR 52.38, Kansas' SIP revision 
allocates allowances to existing EGUs in the State under the CSAPR's 
NOX annual trading program. Kansas' SIP revision meets the 
applicable requirements in 40 CFR 52.38 for NOX annual 
allowance allocations for the 2016 control periods. EPA is approving 
Kansas' SIP revision because it is in accordance with the CAA and its 
implementing regulations.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial submittal and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
adverse comments be filed. This rule will be effective September 30, 
2015 without further notice unless the Agency receives adverse comments 
by September 21, 2015.
    If EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period. Parties interested in commenting 
should do so

[[Page 50793]]

at this time. If no such comments are received, the public is advised 
that this rule will be effective on September 30, 2015 and no further 
action will be taken on the proposed rule.

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, 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 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 Clean Air Act; 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).
    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 October 20, 2015. 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 CAA 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, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides.

    Dated: August 12, 2015.
Mark Hague,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, 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(e), the table is amended by adding a new entry (40) 
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 or        submittal     EPA Approval  date      Explanation
            provision               nonattainment area       date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(40) Cross State Air Pollution     Statewide..........         3/30/15  8/21/2015 [Insert
 Rule--State-Determined Allowance                                        Federal Register
 Allocations for the 2016 control                                        citation].
 periods.
----------------------------------------------------------------------------------------------------------------


0
3. Section 52.882 is amended by adding paragraph (a)(3) to read as 
follows:


Sec.  52.882  Interstate pollutant transport provisions; What are the 
FIP requirements for decreases in emissions of nitrogen oxides?

    (a) * * *
    (3) Pursuant to Sec.  52.38(a)(3), Kansas' state-determined TR 
NOX Annual allowance allocations established in the March 
30, 2015, SIP revision replace the unit-level TR NOX Annual 
allowance allocation provisions of the TR NOX Annual Trading 
Program at 40 CFR 97.411(a) for the State for the 2016 control period 
with a list of TR NOX

[[Page 50794]]

Annual units that commenced operation prior to January 1, 2010, in the 
State and the state-determined amount of TR NOX Annual 
allowances allocated to each unit on such list for the 2016 control 
period, as approved by EPA on August 21, 2015, [Insert Federal Register 
citation].
* * * * *
[FR Doc. 2015-20629 Filed 8-20-15; 8:45 am]
 BILLING CODE 6560-50-P
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