Approval and Promulgation of Implementation Plans; State of Kansas; Infrastructure SIP Requirements for the 2008 Ozone National Ambient Air Quality Standard, 51955-51957 [2015-20892]

Download as PDF Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Rules and Regulations ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R07–OAR–2015–0512; FRL–9932–81– 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: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is taking direct final action to approve an element of a State Implementation Plan (SIP) submission from the State of Kansas addressing the applicable requirements of Clean Air Act (CAA) section 110 for the 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 direct final rule will be effective October 26, 2015, without further notice, unless EPA receives adverse comment by September 28, 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–2015–0512, 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– 0512. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business rmajette on DSK2VPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 16:50 Aug 26, 2015 Jkt 235001 Information (CBI) or other information whose disclosure is restricted by statute. Do not submit through www.regulations.gov or email information that you consider to be CBI or otherwise protected. 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 a.m. to 4:30 p.m., 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.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 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 51955 II. Summary of SIP Revision III. Final Action IV. Statutory and Executive Order Review I. Background On July 16, 2014, (79 FR 41486), EPA published a notice of proposed rulemaking (NPR) for the State of Kansas. The NPR proposed approval of Kansas’ submission that provides the basic elements specified in section 110(a)(2) of the CAA, or portions thereof, necessary to implement, maintain, and enforce the 2008 O3 NAAQS. EPA subsequently published the final rulemaking on October 21, 2014, (79 FR 62861). EPA did not act on the visibility protection portion of section 110(a)(2)(J) of the CAA at that time. II. Summary of SIP Revision On March 19, 2013, and May 9, 2013, EPA received SIP submissions from the state of Kansas that address the infrastructure elements specified in section 110(a)(2) of the CAA 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. Under section 110(a)(2)(J) of the CAA, states are required to submit SIPs that meet, among other provisions, part C of the CAA, relating to prevention of significant deterioration of air quality and visibility protection. With respect to the visibility component of section 110(a)(2)(J) of the CAA, Kansas stated in its 2008 O3 NAAQS infrastructure SIP submissions that EPA had finalized approval of the Kansas Regional Haze SIP on December 27, 2011 (76 FR 80754). In that rulemaking, EPA determined that Kansas’ Regional Haze Plan met the CAA requirements for preventing future and remedying existing impairment of visibility caused by air pollutants. However, EPA did not act on the visibility protection portion of section 110(a)(2)(J) of the CAA in its final rule that approved portions of Kansas’ 2008 O3 NAAQS infrastructure SIP submissions. EPA recognizes that states are subject to visibility and regional haze program requirements under part C of the CAA. However, when EPA establishes or revises a NAAQS, these visibility and regional haze requirements under part C E:\FR\FM\27AUR1.SGM 27AUR1 51956 Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Rules and Regulations do not change. EPA believes that there are no new visibility protection requirements under part C as a result of a revised NAAQS. Therefore, there are no newly applicable visibility protection obligations pursuant to element J after the promulgation of a new or revised NAAQS. EPA is therefore approving Kansas’ SIP as it satisfies the applicable visibility requirements of Element J with respect to the 2008 O3 NAAQS as there are no new applicable visibility requirements triggered by the 2008 O3 NAAQS. rmajette on DSK2VPTVN1PROD with RULES III. Final Action EPA is taking direct final action to approve the visibility protection portion of section 110(a)(2)(J) of the CAA with regard to the March 19, 2013, and May 9, 2013, infrastructure SIP submissions from the state of Kansas. Based upon review of the state’s infrastructure SIP submissions and relevant statutory and regulatory authorities and provisions referenced in the submission or referenced in Kansas’ SIP, EPA is approving Kansas’ SIP submittals as they satisfy the applicable visibility requirements of section 110(a)(2)(J) of the CAA with respect to the 2008 O3 NAAQS as there are no new applicable visibility requirements triggered by the 2008 O3 NAAQS. We are publishing this direct final rule without a prior proposed rule because we view this as a noncontroversial action and anticipate no adverse comment. However, in the ‘‘Proposed Rules’’ section of this Federal Register, we are publishing a separate document that will serve as the proposed rule to approve the SIP revision if adverse comments are received on this direct final rule. We will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. For further information about commenting on this rule, see the ADDRESSES section of this document. If EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that this direct final rule will not take effect. We will address all public comments in any subsequent final rule based on the proposed rule. IV. Statutory and Executive Order Review Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, VerDate Sep<11>2014 14:03 Aug 26, 2015 Jkt 235001 provided that they meet the criteria of the Clean Air Act. 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 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 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 26, 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 section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements. 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, the table in paragraph (e) is amended by adding the entry ‘‘(41) Section 110(a)(2) Infrastructure Requirements for the 2008 O3 NAAQS’’ in numerical order at the end of the table to read as follows: ■ § 52.870 * Identification of plan. * * (e) * * * E:\FR\FM\27AUR1.SGM 27AUR1 * * 51957 Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Rules and Regulations EPA-APPROVED KANSAS NONREGULATORY PROVISIONS Name of nonregulatory SIP provision * Applicable geographic area or nonattainment area * (41) Section 110(a)(2) Infrastructure Requirements for the 2008 O3 NAAQS. * Statewide ..................... BILLING CODE 6560–50–P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 1845 and 1852 RIN 2700–AE23 NASA Federal Acquisition Regulation Supplement: NASA Capitalization Threshold (NFS Case 2015–N004) National Aeronautics and Space Administration. ACTION: Interim rule. AGENCY: The National Aeronautics and Space Administration (NASA) is issuing an interim rule amending the NASA FAR Supplement to increase the NASA capitalization threshold from $100,000 to $500,000. DATES: Effective August 27, 2015. Comment Date: Comments on this interim rule should be submitted in writing to the address shown below on or before October 26, 2015 to be considered in the formation of the final rule. ADDRESSES: Interested parties may submit comments identified by NFS Case 2015–N004, using any of the following methods: Æ Regulations.gov: https:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by entering ‘‘NFS Case 2015–N004’’ under the heading ‘‘Enter keyword or ID’’ and selecting ‘‘Search.’’ Select the link ‘‘Submit a Comment’’ that corresponds with ‘‘NFS Case 2015–N004.’’ Follow the instructions provided at the ‘‘Submit a Comment’’ screen. Please include your name, company name (if any), and ‘‘NFS Case 2015–N004’’ on your attached document. Æ Email: Andrew.ORourke@ NASA.gov. Include NFS Case 2015– N004 in the subject line of the message. Æ Fax: (202) 358–3082. Æ Mail: National Aeronautics and Space Administration, Headquarters, rmajette on DSK2VPTVN1PROD with RULES SUMMARY: 14:03 Aug 26, 2015 Jkt 235001 EPA approval date * 3/19/2013 Explanation * 8/27/2015 [Insert Federal Register citation]. * * This action addresses the visibility protection portion of section 110(a)(2)(J) of the CAA. Office of Procurement, Contract and Grant Policy Division, Attn: Andrew O’Rourke, Room 5L32, 300 E. Street SW., Washington, DC 20546–0001. FOR FURTHER INFORMATION CONTACT: Andrew O’Rourke, NASA Office of Procurement, Contract and Grant Policy Division, 202–358–4560, email: andrew.orourke@nasa.gov. SUPPLEMENTARY INFORMATION: [FR Doc. 2015–20892 Filed 8–26–15; 8:45 am] VerDate Sep<11>2014 State submittal date threshold from $100,000 to $500,000. Specifically, the proposed changes are as follows: • Added a new paragraph (b) to section 1845.301–71. • Changed capitalization threshold amount from $100,000 to $500,000 in sections 1845.7101–1, 1845.7101–2, 1845.7101–3, 1852.245–70, and 1852.245–78. I. Background In accordance with the Statement of Federal Financial Accounting Standard (SFFAS) No. 6, Accounting for Property, Plant, and Equipment, federal agencies are to record as property and equipment all items that meet certain characteristics, such as a useful life of 2 years or more, and are permitted to establish individual capitalization thresholds and useful life policies due to their diverse size and uses of property, plant & equipment. SFFAS No. 6 was issued in November 1995 and was effective for fiscal years beginning after September 30, 1997. The current NASA capitalization threshold of $100,000, was established when SFFAS 6 was initially implemented and is in the NFS. The Government Accountability Office (GAO) recommends that capitalization thresholds should be periodically reevaluated to help ensure their continuing relevance and are tied to materiality as well, in that they generally are established at a level that would not omit a significant amount of assets from the balance sheet, which could materially misstate the financial statements of an entity or its components. Recently, the NASA Office of the Chief Financial Officer conducted a review of the current NASA capitalization threshold of $100,000 and based on this review it was determined to increase the capitalization threshold from $100,000 to $500,000. III. Executive Orders 12866 and 13563 Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule is not a significant regulatory action under section 3(f) of Executive Order 12866. This rule is not a major rule under 5 U.S.C. 804. II. Discussion This interim rule revises NFS parts 1845 and 1852 by increasing an already established NASA capitalization PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 IV. Regulatory Flexibility Act NASA does not expect this interim rule to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the objective of this interim rule is to increase the already established NASA capitalization threshold from $100,000 to $500,000. However, an initial regulatory flexibility analysis has been performed and is summarized as follows: The increase in the NASA capitalization threshold is expected to benefit NASA contractors by reducing the administrative burden associated with financial reporting of NASA property in the custody of contractors. The legal basis for this rule is 51 U.S.C. 20113(a). The requirements under this rule will apply to any contract award (including contracts for supplies, services, construction, and major systems) that E:\FR\FM\27AUR1.SGM 27AUR1

Agencies

[Federal Register Volume 80, Number 166 (Thursday, August 27, 2015)]
[Rules and Regulations]
[Pages 51955-51957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20892]



[[Page 51955]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0512; FRL-9932-81-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: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve an element of a State Implementation Plan (SIP) 
submission from the State of Kansas addressing the applicable 
requirements of Clean Air Act (CAA) section 110 for the 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 direct final rule will be effective October 26, 2015, 
without further notice, unless EPA receives adverse comment by 
September 28, 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-2015-0512, 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-
2015-0512. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through www.regulations.gov or 
email information that you consider to be CBI or otherwise protected. 
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 a.m. to 4:30 
p.m., 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.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. Final Action
IV. Statutory and Executive Order Review

I. Background

    On July 16, 2014, (79 FR 41486), EPA published a notice of proposed 
rulemaking (NPR) for the State of Kansas. The NPR proposed approval of 
Kansas' submission that provides the basic elements specified in 
section 110(a)(2) of the CAA, or portions thereof, necessary to 
implement, maintain, and enforce the 2008 O3 NAAQS. EPA 
subsequently published the final rulemaking on October 21, 2014, (79 FR 
62861). EPA did not act on the visibility protection portion of section 
110(a)(2)(J) of the CAA at that time.

II. Summary of SIP Revision

    On March 19, 2013, and May 9, 2013, EPA received SIP submissions 
from the state of Kansas that address the infrastructure elements 
specified in section 110(a)(2) of the CAA 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.
    Under section 110(a)(2)(J) of the CAA, states are required to 
submit SIPs that meet, among other provisions, part C of the CAA, 
relating to prevention of significant deterioration of air quality and 
visibility protection. With respect to the visibility component of 
section 110(a)(2)(J) of the CAA, Kansas stated in its 2008 
O3 NAAQS infrastructure SIP submissions that EPA had 
finalized approval of the Kansas Regional Haze SIP on December 27, 2011 
(76 FR 80754). In that rulemaking, EPA determined that Kansas' Regional 
Haze Plan met the CAA requirements for preventing future and remedying 
existing impairment of visibility caused by air pollutants. However, 
EPA did not act on the visibility protection portion of section 
110(a)(2)(J) of the CAA in its final rule that approved portions of 
Kansas' 2008 O3 NAAQS infrastructure SIP submissions.
    EPA recognizes that states are subject to visibility and regional 
haze program requirements under part C of the CAA. However, when EPA 
establishes or revises a NAAQS, these visibility and regional haze 
requirements under part C

[[Page 51956]]

do not change. EPA believes that there are no new visibility protection 
requirements under part C as a result of a revised NAAQS. Therefore, 
there are no newly applicable visibility protection obligations 
pursuant to element J after the promulgation of a new or revised NAAQS. 
EPA is therefore approving Kansas' SIP as it satisfies the applicable 
visibility requirements of Element J with respect to the 2008 
O3 NAAQS as there are no new applicable visibility 
requirements triggered by the 2008 O3 NAAQS.

III. Final Action

    EPA is taking direct final action to approve the visibility 
protection portion of section 110(a)(2)(J) of the CAA with regard to 
the March 19, 2013, and May 9, 2013, infrastructure SIP submissions 
from the state of Kansas.
    Based upon review of the state's infrastructure SIP submissions and 
relevant statutory and regulatory authorities and provisions referenced 
in the submission or referenced in Kansas' SIP, EPA is approving 
Kansas' SIP submittals as they satisfy the applicable visibility 
requirements of section 110(a)(2)(J) of the CAA with respect to the 
2008 O3 NAAQS as there are no new applicable visibility 
requirements triggered by the 2008 O3 NAAQS.
    We are publishing this direct final rule without a prior proposed 
rule because we view this as a noncontroversial action and anticipate 
no adverse comment. However, in the ``Proposed Rules'' section of this 
Federal Register, we are publishing a separate document that will serve 
as the proposed rule to approve the SIP revision if adverse comments 
are received on this direct final rule. We will not institute a second 
comment period on this action. Any parties interested in commenting 
must do so at this time. For further information about commenting on 
this rule, see the ADDRESSES section of this document. If EPA receives 
adverse comment, we will publish a timely withdrawal in the Federal 
Register informing the public that this direct final rule will not take 
effect. We will address all public comments in any subsequent final 
rule based on the proposed rule.

IV. Statutory and Executive Order Review

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the Clean Air Act. 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 26, 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 section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements.

    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, the table in paragraph (e) is amended by adding the 
entry ``(41) Section 110(a)(2) Infrastructure Requirements for the 2008 
O3 NAAQS'' in numerical order at the end of the table to 
read as follows:


Sec.  52.870  Identification of plan.

* * * * *
    (e) * * *

[[Page 51957]]



                                  EPA-Approved Kansas Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                     Applicable
   Name of nonregulatory SIP     geographic area or       State       EPA approval date        Explanation
           provision             nonattainment area  submittal date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
(41) Section 110(a)(2)           Statewide.........       3/19/2013  8/27/2015 [Insert   This action addresses
 Infrastructure Requirements                                          Federal Register    the visibility
 for the 2008 O3 NAAQS.                                               citation].          protection portion of
                                                                                          section 110(a)(2)(J)
                                                                                          of the CAA.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-20892 Filed 8-26-15; 8:45 am]
 BILLING CODE 6560-50-P
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