Approval and Promulgation of Air Quality Implementation Plans; State of Kansas Regional Haze State Implementation Plan Revision and 2014 Five-Year Progress Report, 55030-55032 [2015-23074]
Download as PDF
<![CDATA[
55030
Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Rules and Regulations
reporting, or disclosure requirements on
covered entities or members of the
public that would be collections of
information requiring OMB approval
under the Paperwork Reduction Act, 44
U.S.C. 3501 et seq.
Dated: September 9, 2015.
David Weil,
Administrator, Wage and Hour Division.
[FR Doc. 2015–23092 Filed 9–11–15; 8:45 am]
BILLING CODE 4510–27–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2015–0841]
Drawbridge Operation Regulation;
Saugus River, Saugus, Massachusetts
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Saugus RR
Bridge, across the Saugus River, mile
2.1, at Saugus, Massachusetts. This
deviation is necessary to facilitate
essential maintenance repairs. This
deviation allows the bridge to remain in
the closed position during the
maintenance repairs.
DATES: This deviation is effective from
12:01 a.m. on September 19, 2015 to
11:59 p.m. on September 20, 2015.
ADDRESSES: The docket for this
deviation, [USCG–2015–0841] is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this deviation. You may
also visit the Docket Management
Facility in Room W12–140, on the
ground floor of the Department of
Transportation West Building, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, contact Mr. Joe Arca, Project
Officer, First Coast Guard District,
telephone (212) 514–4336, email
joe.m.arca@uscg.mil. If you have
questions on viewing the docket, call
Ms. Cheryl Collins, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION: The
Saugus RR Bridge, mile 2.1, across
tkelley on DSK3SPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:26 Sep 11, 2015
Jkt 235001
Saugus River has a vertical clearance in
the closed position of 7 feet at mean
high water and 17 feet at mean low
water. The existing bridge operating
regulations opens on schedule as
required by 33 CFR 117.5.
Saugus River is transited by
commercial lobstermen and recreational
vessel traffic.
Keolis Commuter Railroad requested
this temporary deviation from the
normal operating schedule to facilitate
essential maintenance repairs.
Under this temporary deviation, the
Saugus RR Bridge may remain in the
closed position from 12:01 a.m. on
September 19, 2015 to 11:59 p.m. on
September 20, 2015.
There is no alternate route for vessel
traffic; however, vessels that can pass
under the closed draws during this
closure may do so at any time. The
bridge will be able to open in the event
of an emergency.
The Coast Guard will inform the users
of the waterway through our Local
Notice to Mariners of the change in
operating schedule for the bridge so that
vessels can arrange their transits to
minimize any impact caused by the
temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: September 1, 2015.
C.J. Bisignano,
Supervisory Bridge Management Specialist,
First Coast Guard District.
[FR Doc. 2015–23067 Filed 9–11–15; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2015–0299; FRL–9933–84–
Region 7]
Approval and Promulgation of Air
Quality Implementation Plans; State of
Kansas Regional Haze State
Implementation Plan Revision and
2014 Five-Year Progress Report
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve the Kansas State
Implementation Plan (SIP) revision
submitted to EPA by the State of Kansas
SUMMARY:
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
on March 10, 2015, documenting that
the State’s existing plan is making
adequate progress to achieve visibility
goals by 2018. The Kansas SIP revision
addressed the Regional Haze Rule (RHR)
requirements under the Clean Air Act
(CAA or Act) to submit a report
describing progress in achieving
reasonable progress goals (RPGs) to
improve visibility in Federally
designated areas in nearby states that
may be affected by emissions from
sources in Kansas. EPA is taking final
action to approve Kansas’ determination
that the existing Regional Haze (RH) SIP
is adequate to meet the visibility goals
and requires no substantive revision at
this time.
DATES: This final rule is effective
October 14, 2015.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2015–0299. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or 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 Federal 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:
Stephen Krabbe, Environmental
Protection Agency, Air Planning and
Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at
913–551–7991, or by email at
krabbe.stephen@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we’’, ‘‘us’’,
or ‘‘our’’ refer to EPA. This section
provides additional information by
addressing the following:
I. Background
II. Summary of SIP Revision
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On June 10, 2015, (80 FR 32874), EPA
published a notice of proposed
rulemaking (NPR) for the State of
E:\FR\FM\14SER1.SGM
14SER1
Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Rules and Regulations
tkelley on DSK3SPTVN1PROD with RULES
Kansas. In the NPR, EPA proposed
approval of Kansas’s progress report
SIP, a report on progress made in the
first implementation period towards
RPGs for Class I areas that are affected
by emissions from Kansas sources. This
progress report SIP and accompanying
cover letter also included a
determination that Kansas’s existing
regional haze SIP requires no
substantive revision to achieve the
established regional haze visibility
improvement and emissions reduction
goals for 2018.
States are required to submit a
progress report in the form of a SIP
revision every five years that evaluates
progress towards the RPGs for each
mandatory Class I Federal area within
the state and in each mandatory Class I
Federal area outside the state which
may be affected by emissions from
within the state. See 40 CFR 51.308(g).
In addition, the provisions under 40
CFR 51.308(h) require states to submit,
at the same time as the 40 CFR 51.308(g)
progress report, a determination of the
adequacy of the state’s existing regional
haze SIP. The first progress report SIP
is due five years after submittal of the
initial regional haze SIP. On October 26,
2009, KDHE submitted its regional haze
SIP in accordance with the requirements
of 40 CFR 51.308. The progress report
SIP revision was submitted by Kansas
on March 10, 2015, and EPA finds that
it satisfies the requirements of 40 CFR
51.308(g) and (h). No comments were
received regarding the NPR.
II. Summary of SIP Revision
On March 10, 2015, Kansas submitted
a SIP revision to describe the progress
made towards the RPGs of Class I areas
in and outside Kansas that are affected
by emissions from Kansas’ sources. This
progress report SIP also includes a
determination of the adequacy of
Kansas’ existing regional haze SIP to
achieve these RPGs.
Kansas has no Class I areas within its
borders. Kansas notes in its progress
report SIP that Kansas sources were also
identified as potentially impacting four
Class I areas in three neighboring states:
Caney Creek Wilderness Area in
Arkansas, Hercules-Glades Wilderness
Area in Missouri, Mingo Wilderness
Area in Missouri, and Wichita
Mountains Wilderness Area in
Oklahoma.
The provisions in 40 CFR 51.308(g)
require a progress report SIP to address
seven elements. EPA finds that Kansas’
progress report SIP addressed each
element under 40 CFR 51.308(g). The
seven elements and EPA’s conclusion
are briefly summarized in this
rulemaking action.
VerDate Sep<11>2014
16:26 Sep 11, 2015
Jkt 235001
The provisions in 40 CFR 51.308(g)
require progress report SIPs to include
a description of the status of measures
in the approved regional haze SIP; a
summary of emissions reductions
achieved; an assessment of visibility
conditions for each Class I area in the
state; an analysis of changes in
emissions from sources and activities
within the state; an assessment of any
significant changes in anthropogenic
emissions within or outside the state
that have limited or impeded progress
in Class I areas impacted by the state’s
sources; an assessment of the
sufficiency of the approved regional
haze SIP; and a review of the state’s
visibility monitoring strategy. As
explained in detail in the NPR, EPA
finds that Kansas’ progress report SIP
addressed each element and has
therefore satisfied the requirements
under 40 CFR 51.308(g).
In addition, pursuant to 40 CFR
51.308(h), states are required to submit,
at the same time as the progress report
SIP, a determination of the adequacy of
their existing regional haze SIP and to
take one of four possible actions based
on information in the progress report.
One possible action is submission of a
negative declaration to EPA that no
further substantive revision to the state’s
existing regional haze SIP is needed. In
its progress report SIP, Kansas
submitted a negative declaration that it
had determined that its existing regional
haze SIP requires no further substantive
revision to achieve the RPGs for the
Class I areas that are affected by
emissions from Kansas’s sources. As
explained in detail in the NPR, EPA
concludes Kansas has adequately
addressed 40 CFR 51.308(h) because the
visibility data trends at the Class I areas
impacted by Kansas’s sources and the
emissions trends of the largest emitters
of visibility-impairing pollutants both
indicate that the RPGs for 2018 will be
met or exceeded. Therefore, EPA
concludes Kansas’ progress report SIP
meets the requirements of 40 CFR
51.308(h).
III. Final Action
EPA is taking final action to approve
Kansas’ regional haze five-year progress
report and SIP revision, submitted
March 10, 2015, as meeting the
applicable regional haze requirements
as set forth in 40 CFR 51.308(g) and
51.308(h).
Statutory and Executive Order Reviews
Under the Clean Air Act (CAA), the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
55031
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 CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
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
E:\FR\FM\14SER1.SGM
14SER1
55032
Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Rules and Regulations
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 November 13, 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).)
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.
List of Subjects in 40 CFR Part 52
Subpart R—Kansas
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
2. In § 52.870, the table in paragraph
(e) is amended by adding entry (42) at
the end of the table to read as follows:
■
§ 52.870
*
Dated: August 20, 2015.
Mark Hague,
Acting Regional Administrator, Region 7.
Identification of plan.
*
*
(e)* * *
*
*
For the reasons stated in the
preamble, EPA amends 40 CFR part 52
as set forth below:
EPA-APPROVED KANSAS NONREGULATORY PROVISIONS
Name of nonregulatory SIP provision
Applicable geographic or
nonattainment area
*
*
*
(42) State Implementation Plan (SIP) Revision for the
Attainment and Maintenance of National Ambient
Air Quality Standards for Regional Haze (2014
Five-Year Progress Report).
*
Statewide .........................
[FR Doc. 2015–23074 Filed 9–11–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R06–2015–0070 RCRA; FRL–9933–
79–Region 6]
Louisiana: Final Authorization of State
Hazardous Waste Management
Program Revision
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
Louisiana has applied to the
Environmental Protection Agency (EPA)
for final authorization of the changes to
its hazardous waste program under the
Resource Conservation and Recovery
Act (RCRA). The EPA has determined
that these changes satisfy all
requirements needed to qualify for final
authorization, and is authorizing the
State’s changes through this direct final
action. The EPA is publishing this rule
to authorize the changes without a prior
proposal because we believe this action
tkelley on DSK3SPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:26 Sep 11, 2015
Jkt 235001
State submittal
date
EPA approval date
*
3/10/15
*
9/14/15 [Insert Federal
Register citation]
is not controversial and do not expect
comments that oppose it. Unless we
receive written comments which oppose
this authorization during the comment
period, the decision to authorize
Louisiana’s changes to its hazardous
waste program will take effect. If we
receive comments that oppose this
action, we will publish a document in
the Federal Register withdrawing this
rule before it takes effect, and a separate
document in the proposed rules section
of this Federal Register will serve as a
proposal to authorize the changes.
DATES: This final authorization will
become effective on November 13, 2015
unless the EPA receives adverse written
comment by October 14, 2015. If the
EPA receives such comment, it will
publish a timely withdrawal of this
direct final rule in the Federal Register
and inform the public that this
authorization will not take effect.
ADDRESSES: Submit any comments
identified by Docket ID No. EPA–R06–
RCRA–2015–0070, by one of the
following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
Explanation
*
2. Email: patterson.alima@epa.gov.
3. Mail: Alima Patterson, Region 6,
Regional Authorization Coordinator,
State/Tribal Oversight Section (6PD–O),
Multimedia Planning and Permitting
Division, EPA Region 6, 1445 Ross
Avenue, Dallas Texas 75202–2733.
4. Hand Delivery or Courier. Deliver
your comments to Alima Patterson,
Region 6, Regional Authorization
Coordinator, State/Tribal Oversight
Section (6PD–O), Multimedia Planning
and Permitting Division, EPA Region 6,
1445 Ross Avenue, Dallas, Texas 75202–
2733.
Instructions: Do not submit
information that you consider to be CBI
or otherwise protected through
regulations.gov, or email. Direct your
comment to Docket No. EPA–R06–
RCRA–2015–0070. The Federal
regulations.gov Web site is an
‘‘anonymous access’’ system, which
means the 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 the EPA without
going through regulations.gov, your
email address will be automatically
captured and included as part of the
E:\FR\FM\14SER1.SGM
14SER1
]]>Agencies
[Federal Register Volume 80, Number 177 (Monday, September 14, 2015)]
[Rules and Regulations]
[Pages 55030-55032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23074]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2015-0299; FRL-9933-84-Region 7]
Approval and Promulgation of Air Quality Implementation Plans;
State of Kansas Regional Haze State Implementation Plan Revision and
2014 Five-Year Progress Report
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve the Kansas State Implementation Plan (SIP) revision
submitted to EPA by the State of Kansas on March 10, 2015, documenting
that the State's existing plan is making adequate progress to achieve
visibility goals by 2018. The Kansas SIP revision addressed the
Regional Haze Rule (RHR) requirements under the Clean Air Act (CAA or
Act) to submit a report describing progress in achieving reasonable
progress goals (RPGs) to improve visibility in Federally designated
areas in nearby states that may be affected by emissions from sources
in Kansas. EPA is taking final action to approve Kansas' determination
that the existing Regional Haze (RH) SIP is adequate to meet the
visibility goals and requires no substantive revision at this time.
DATES: This final rule is effective October 14, 2015.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R07-OAR-2015-0299. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through
www.regulations.gov or 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 Federal 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: Stephen Krabbe, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at 913-551-7991, or by email at
krabbe.stephen@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document ``we'', ``us'', or
``our'' refer to EPA. This section provides additional information by
addressing the following:
I. Background
II. Summary of SIP Revision
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On June 10, 2015, (80 FR 32874), EPA published a notice of proposed
rulemaking (NPR) for the State of
[[Page 55031]]
Kansas. In the NPR, EPA proposed approval of Kansas's progress report
SIP, a report on progress made in the first implementation period
towards RPGs for Class I areas that are affected by emissions from
Kansas sources. This progress report SIP and accompanying cover letter
also included a determination that Kansas's existing regional haze SIP
requires no substantive revision to achieve the established regional
haze visibility improvement and emissions reduction goals for 2018.
States are required to submit a progress report in the form of a
SIP revision every five years that evaluates progress towards the RPGs
for each mandatory Class I Federal area within the state and in each
mandatory Class I Federal area outside the state which may be affected
by emissions from within the state. See 40 CFR 51.308(g). In addition,
the provisions under 40 CFR 51.308(h) require states to submit, at the
same time as the 40 CFR 51.308(g) progress report, a determination of
the adequacy of the state's existing regional haze SIP. The first
progress report SIP is due five years after submittal of the initial
regional haze SIP. On October 26, 2009, KDHE submitted its regional
haze SIP in accordance with the requirements of 40 CFR 51.308. The
progress report SIP revision was submitted by Kansas on March 10, 2015,
and EPA finds that it satisfies the requirements of 40 CFR 51.308(g)
and (h). No comments were received regarding the NPR.
II. Summary of SIP Revision
On March 10, 2015, Kansas submitted a SIP revision to describe the
progress made towards the RPGs of Class I areas in and outside Kansas
that are affected by emissions from Kansas' sources. This progress
report SIP also includes a determination of the adequacy of Kansas'
existing regional haze SIP to achieve these RPGs.
Kansas has no Class I areas within its borders. Kansas notes in its
progress report SIP that Kansas sources were also identified as
potentially impacting four Class I areas in three neighboring states:
Caney Creek Wilderness Area in Arkansas, Hercules-Glades Wilderness
Area in Missouri, Mingo Wilderness Area in Missouri, and Wichita
Mountains Wilderness Area in Oklahoma.
The provisions in 40 CFR 51.308(g) require a progress report SIP to
address seven elements. EPA finds that Kansas' progress report SIP
addressed each element under 40 CFR 51.308(g). The seven elements and
EPA's conclusion are briefly summarized in this rulemaking action.
The provisions in 40 CFR 51.308(g) require progress report SIPs to
include a description of the status of measures in the approved
regional haze SIP; a summary of emissions reductions achieved; an
assessment of visibility conditions for each Class I area in the state;
an analysis of changes in emissions from sources and activities within
the state; an assessment of any significant changes in anthropogenic
emissions within or outside the state that have limited or impeded
progress in Class I areas impacted by the state's sources; an
assessment of the sufficiency of the approved regional haze SIP; and a
review of the state's visibility monitoring strategy. As explained in
detail in the NPR, EPA finds that Kansas' progress report SIP addressed
each element and has therefore satisfied the requirements under 40 CFR
51.308(g).
In addition, pursuant to 40 CFR 51.308(h), states are required to
submit, at the same time as the progress report SIP, a determination of
the adequacy of their existing regional haze SIP and to take one of
four possible actions based on information in the progress report. One
possible action is submission of a negative declaration to EPA that no
further substantive revision to the state's existing regional haze SIP
is needed. In its progress report SIP, Kansas submitted a negative
declaration that it had determined that its existing regional haze SIP
requires no further substantive revision to achieve the RPGs for the
Class I areas that are affected by emissions from Kansas's sources. As
explained in detail in the NPR, EPA concludes Kansas has adequately
addressed 40 CFR 51.308(h) because the visibility data trends at the
Class I areas impacted by Kansas's sources and the emissions trends of
the largest emitters of visibility-impairing pollutants both indicate
that the RPGs for 2018 will be met or exceeded. Therefore, EPA
concludes Kansas' progress report SIP meets the requirements of 40 CFR
51.308(h).
III. Final Action
EPA is taking final action to approve Kansas' regional haze five-
year progress report and SIP revision, submitted March 10, 2015, as
meeting the applicable regional haze requirements as set forth in 40
CFR 51.308(g) and 51.308(h).
Statutory and Executive Order Reviews
Under the Clean Air Act (CAA), the Administrator is required to
approve a SIP submission that complies with the provisions of the Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. Accordingly,
this action merely approves state law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
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
[[Page 55032]]
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 November 13, 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: August 20, 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
entry (42) at the end of the table to read as follows:
Sec. 52.870 Identification of plan.
* * * * *
(e)* * *
EPA-Approved Kansas Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of nonregulatory SIP geographic or State submittal EPA approval date Explanation
provision nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(42) State Implementation Plan Statewide.......... 3/10/15 9/14/15 [Insert
(SIP) Revision for the Federal Register
Attainment and Maintenance of citation]
National Ambient Air Quality
Standards for Regional Haze
(2014 Five-Year Progress
Report).
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2015-23074 Filed 9-11-15; 8:45 am]
BILLING CODE 6560-50-P
