Approval and Promulgation of Air Quality Implementation Plans; State of Kansas; 2015 Kansas State Implementation Plan for the 2008 Lead Standard, 47034-47036 [2016-17065]
Download as PDF
47034
Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Rules and Regulations
STATE OF OREGON AIR QUALITY CONTROL PROGRAM—Continued
4.60, 6/19/2006, 71 FR 35159
4.61, 4/11/2013, 78 FR 21547
4.62, 6/6/2016, 81 FR 36178
4.63, 4/16/2015 ......................
4.63, 7/28/2015, 80 FR 44867
4.64, 4/16/2015 ......................
4.64, 7/30/2015 80 FR 45435
4.65, 12/11/2015 ....................
4.65 7/20/2016 [Insert Federal Register citation].
4.60 Lakeview PM10 Maintenance Plan.
4.61 Eugene-Springfield PM10
Limited Maintenance Plan.
4.62, Klamath Falls PM2.5 Attainment Plan.
4.63 Grants Pass Second 10Year Carbon Monoxide
Limited Maintenance Plan.
4.64 Grants Pass Second 10Year PM10 Limited Maintenance Plan.
4.65 Medford Second 10Year Carbon Monoxide
Limited Maintenance Plan.
Title/subject
*
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2015–0708; FRL 9949–13–
Region 7]
Approval and Promulgation of Air
Quality Implementation Plans; State of
Kansas; 2015 Kansas State
Implementation Plan for the 2008 Lead
Standard
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
14:53 Jul 19, 2016
*
EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2015–0708. All
documents in the docket are listed on
the https://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 through www.regulations.gov
or please contact the person identified
in the FOR FURTHER INFORMATION
CONTACT section for additional
information.
FOR FURTHER INFORMATION CONTACT:
The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the State
Implementation Plan (SIP) for the State
of Kansas. This final action will approve
Kansas’ SIP for the lead National
Ambient Air Quality Standard (NAAQS)
nonattainment area of Salina, Saline
County, Kansas, received by EPA on
February 25, 2015. EPA proposed
approval of this plan on February 29,
2016. The applicable standard
addressed in this action is the lead
NAAQS promulgated by EPA in 2008.
EPA believes that the SIP submitted by
the state satisfies the applicable
requirements of the Clean Air Act (CAA)
identified in EPA’s Final Rule published
in the Federal Register on October 15,
2008, and will bring the designated
portions of Salina, Kansas, into
attainment of the 0.15 microgram per
cubic meter (ug/m3) lead NAAQS.
DATES: This final rule is effective on
August 19, 2016.
SUMMARY:
VerDate Sep<11>2014
*
ADDRESSES:
[FR Doc. 2016–17060 Filed 7–19–16; 8:45 am]
rmajette on DSK2TPTVN1PROD with RULES
Explanation
4.62, 12/12/2012 ....................
*
EPA
approval date
4.61, 9/26/2011 ......................
*
State
effective date
4.60, 9/9/2005 ........................
SIP citation
Jkt 238001
Stephanie Doolan, Environmental
Protection Agency, Air Planning and
Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at
(913) 551–7719, or by email at
doolan.stephanie@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ refer to EPA.
Table of Contents
I. What is being addressed in this document?
II. Have the requirements for the approval of
a SIP revision been met?
III. EPA’s Response to Comments
IV. What action is EPA taking?
I. What is being addressed in this
document?
In this document, EPA is granting
final approval of Kansas’ attainment
demonstration SIP for the lead NAAQS
nonattainment area in portions of
Salina, Saline County, Kansas. The
applicable standard addressed in this
action is the lead NAAQS promulgated
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
*
*
by EPA in 2008. EPA believes that the
SIP submitted by the state satisfies the
applicable requirements of the CAA
identified in EPA’s Final Rule (73 FR
66964, October 15, 2008), and will bring
the area into attainment of the 0.15
microgram per cubic meter (ug/m3) lead
NAAQS. EPA’s proposal containing the
background information for this action
can be found at 81 FR 10162, February
29, 2016.
II. Have the requirements for the
approval of a SIP revision been met?
The state submission has met the
public notice requirements for SIP
submissions in accordance with 40 CFR
51.102. The submission also satisfied
the completeness criteria of 40 CFR part
51, appendix V. In addition, the revision
meets the substantive SIP requirements
of the CAA, including section 110 and
implementing regulations.
III. EPA’s Response to Comments
The public comment period on EPA’s
proposed rule opened February 29,
2016, the date of its publication in the
Federal Register, and closed on March
30, 2016. During this period, EPA
received one comment letter from Exide
Technologies, dated March 23, 2016.
The comment letter contained one
comment regarding EPA’s process
description in section V.A.1 of the
proposal which states:
‘‘The Exide facility in Salina, Kansas,
manufactures lead acid batteries for
automobiles, trucks, and watercraft. Lead
emissions result from breaking open used
batteries, re-melting the lead and
reformulating new batteries.’’
Exide commented that EPA is in error
regarding the description of the facility’s
processes; the Exide Salina, Kansas,
facility does not break open used
E:\FR\FM\20JYR1.SGM
20JYR1
Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Rules and Regulations
batteries, but rather, the facility
maufactures new batteries at this
location. EPA agrees with this comment.
EPA misunderstood this portion of the
facility operations. This comment does
not substantively impact the decision to
approve the attainment SIP, and EPA is
therefore not changing its proposed
action based on this comment.
IV. What action is EPA taking?
EPA is taking final action to amend
the Kansas SIP to approve Kansas’
attainment demonstration SIP for the
2008 lead NAAQS. The applicable
standard addressed in this action is the
lead NAAQS promulgated by EPA in
2008 (73 FR 66964).
rmajette on DSK2TPTVN1PROD with RULES
Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of the EPA-Approved
Kansas Source-Specific Requirements.
Therefore, these materials have been
approved by EPA for inclusion in the
State implementation plan, have been
incorporated by reference by EPA into
that plan, are fully Federally enforceable
under sections 110 and 113 of the CAA
as of the effective date of the final
rulemaking of EPA’s approval, and will
be incorporated by reference by the
Director of the Federal Register in the
next update to the SIP compilation.1
EPA has made, and will continue to
make, these documents generally
available electronically through
www.regulations.gov and at the
appropriate EPA office (see the
ADDRESSES section of this preamble for
more information).
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
1 62
FR 27968 (May 22, 1997).
VerDate Sep<11>2014
14:53 Jul 19, 2016
Jkt 238001
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
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
47035
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 September 19, 2016. Filing a
petition for reconsideration by the
Administrator of this rule does not
affect the finality of this rulemaking 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 future 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: July 8, 2016.
Mark Hague,
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:
a. The table in paragraph (d) is
amended by adding an entry ‘‘(5)’’ at the
end of the table; and
■ b. The table in paragraph (e) is
amended by adding an entry ‘‘(43)’’ at
the end of the table.
The additions read as follows:
■
■
§ 52.870
Identification of plan.
(d) * * *
E:\FR\FM\20JYR1.SGM
20JYR1
47036
Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Rules and Regulations
EPA-APPROVED KANSAS SOURCE-SPECIFIC REQUIREMENTS
Name of source
Permit or case
No.
*
*
(5) Exide Technologies ...................
1690035
*
*
*
*
State
effective date
EPA
approval date
8/18/14
*
*
7/20/16, [Insert Federal Register
citation].
*
*
Explanation
*
*
(e) * * *
EPA-APPROVED KANSAS NONREGULATORY PROVISIONS
Applicable
geographic or
nonattainment
area
Name of nonregulatory
SIP provision
*
*
(43) Attainment plan for 2008 lead
NAAQS.
State
submittal
date
EPA
approval date
*
Salina .............
2/3/15
*
*
7/20/16, [Insert Federal Register
citation].
[FR Doc. 2016–17065 Filed 7–19–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2015–0015; A–1–FRL–
9949–17–Region 1]
Air Plan Approval; RI; Regional Haze
Five Year Progress Report
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of Rhode Island
on January 7, 2015. This SIP revision
includes Rhode Island’s regional haze
progress report and adequacy
determination for the first regional haze
implementation period. This action is
being taken under the Clean Air Act
(CAA).
SUMMARY:
This direct final rule will be
effective September 19, 2016, unless
EPA receives adverse comments by
August 19, 2016. If adverse comments
are received, EPA 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 Number EPA–
R01–OAR–2015–0015 by one of the
following methods at
www.regulations.gov, or via email to
arnold.anne@epa.gov. For comments
submitted at Regulations.gov, follow the
rmajette on DSK2TPTVN1PROD with RULES
DATES:
VerDate Sep<11>2014
14:53 Jul 19, 2016
Jkt 238001
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, the EPA may publish any
comments received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other 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. The 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, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Anne K. McWilliams, Air Quality
Planning Unit, U.S. Environmental
Protection Agency, New England
Regional Office, 5 Post Office Square—
Suite 100, (Mail code OEP05–2), Boston,
MA 02109—3912, telephone (617) 918–
1697, facsimile (617) 918–0697, email
mcwilliams.anne@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
Explanation
*
*
[EPA–R07–OAR–2015–0708;
9949–13–Region 7].
Organization of this document. The
following outline is provided to aid in
locating information in this preamble.
I. Background
II. Requirements for the Regional Haze
Progress Report SIPs and Adequacy
Determinations
III. EPA’s Evaluation of Rhode Island’s SIP
Revision
A. Regional Haze Progress Report
B. Determination of Adequacy of Existing
Regional Haze Plan
IV. Final Action
V. Statutory and Executive Order Reviews
I. Background
States are required to submit a
progress report in the form of a SIP
revision every five years which
evaluates progress towards the
Reasonable Progress Goals (RPGs) for
each mandatory Class I Federal area
(Class I area) 1 within the state and each
Class I area outside of the State which
may be affected by emissions from
within the state. See 40 CFR 51.308(g).
States are also required to submit, at the
same time as the progress report, a
determination of the adequacy of the
state’s existing SIP. See 40 CFR
51.308(h). The first progress report is
due five years after submittal of the
initial regional haze SIP. On August 7,
2009, Rhode Island submitted the
State’s first Regional Haze SIP in
accordance with the requirements of 40
CFR 51.308.2
1 Areas designated as mandatory Class I Federal
areas consist of national parks exceeding 6000
acres, wilderness areas and national memorial parks
exceeding 5000 acres, and all international parks
that were in existence on August 7, 1977 (42 U.S.C.
7472(a)).
2 On May 22, 2012, EPA approved Rhode Island’s
August 7, 2009 Regional Haze SIP to address the
E:\FR\FM\20JYR1.SGM
20JYR1
Agencies
[Federal Register Volume 81, Number 139 (Wednesday, July 20, 2016)]
[Rules and Regulations]
[Pages 47034-47036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17065]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2015-0708; FRL 9949-13-Region 7]
Approval and Promulgation of Air Quality Implementation Plans;
State of Kansas; 2015 Kansas State Implementation Plan for the 2008
Lead Standard
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the State Implementation Plan (SIP) for
the State of Kansas. This final action will approve Kansas' SIP for the
lead National Ambient Air Quality Standard (NAAQS) nonattainment area
of Salina, Saline County, Kansas, received by EPA on February 25, 2015.
EPA proposed approval of this plan on February 29, 2016. The applicable
standard addressed in this action is the lead NAAQS promulgated by EPA
in 2008. EPA believes that the SIP submitted by the state satisfies the
applicable requirements of the Clean Air Act (CAA) identified in EPA's
Final Rule published in the Federal Register on October 15, 2008, and
will bring the designated portions of Salina, Kansas, into attainment
of the 0.15 microgram per cubic meter (ug/m\3\) lead NAAQS.
DATES: This final rule is effective on August 19, 2016.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R07-OAR-2015-0708. All documents in the docket are listed on
the https://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 through www.regulations.gov or
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section for additional information.
FOR FURTHER INFORMATION CONTACT: Stephanie Doolan, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at (913) 551-7719, or by email at
doolan.stephanie@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA.
Table of Contents
I. What is being addressed in this document?
II. Have the requirements for the approval of a SIP revision been
met?
III. EPA's Response to Comments
IV. What action is EPA taking?
I. What is being addressed in this document?
In this document, EPA is granting final approval of Kansas'
attainment demonstration SIP for the lead NAAQS nonattainment area in
portions of Salina, Saline County, Kansas. The applicable standard
addressed in this action is the lead NAAQS promulgated by EPA in 2008.
EPA believes that the SIP submitted by the state satisfies the
applicable requirements of the CAA identified in EPA's Final Rule (73
FR 66964, October 15, 2008), and will bring the area into attainment of
the 0.15 microgram per cubic meter (ug/m\3\) lead NAAQS. EPA's proposal
containing the background information for this action can be found at
81 FR 10162, February 29, 2016.
II. Have the requirements for the approval of a SIP revision been met?
The state submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. In
addition, the revision meets the substantive SIP requirements of the
CAA, including section 110 and implementing regulations.
III. EPA's Response to Comments
The public comment period on EPA's proposed rule opened February
29, 2016, the date of its publication in the Federal Register, and
closed on March 30, 2016. During this period, EPA received one comment
letter from Exide Technologies, dated March 23, 2016. The comment
letter contained one comment regarding EPA's process description in
section V.A.1 of the proposal which states:
``The Exide facility in Salina, Kansas, manufactures lead acid
batteries for automobiles, trucks, and watercraft. Lead emissions
result from breaking open used batteries, re-melting the lead and
reformulating new batteries.''
Exide commented that EPA is in error regarding the description of
the facility's processes; the Exide Salina, Kansas, facility does not
break open used
[[Page 47035]]
batteries, but rather, the facility maufactures new batteries at this
location. EPA agrees with this comment. EPA misunderstood this portion
of the facility operations. This comment does not substantively impact
the decision to approve the attainment SIP, and EPA is therefore not
changing its proposed action based on this comment.
IV. What action is EPA taking?
EPA is taking final action to amend the Kansas SIP to approve
Kansas' attainment demonstration SIP for the 2008 lead NAAQS. The
applicable standard addressed in this action is the lead NAAQS
promulgated by EPA in 2008 (73 FR 66964).
Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the EPA-
Approved Kansas Source-Specific Requirements. Therefore, these
materials have been approved by EPA for inclusion in the State
implementation plan, have been incorporated by reference by EPA into
that plan, are fully Federally enforceable under sections 110 and 113
of the CAA as of the effective date of the final rulemaking of EPA's
approval, and will be incorporated by reference by the Director of the
Federal Register in the next update to the SIP compilation.\1\ EPA has
made, and will continue to make, these documents generally available
electronically through www.regulations.gov and at the appropriate EPA
office (see the ADDRESSES section of this preamble for more
information).
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
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 September 19, 2016. Filing a petition for
reconsideration by the Administrator of this rule does not affect the
finality of this rulemaking 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 future 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: July 8, 2016.
Mark Hague,
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:
0
a. The table in paragraph (d) is amended by adding an entry ``(5)'' at
the end of the table; and
0
b. The table in paragraph (e) is amended by adding an entry ``(43)'' at
the end of the table.
The additions read as follows:
Sec. 52.870 Identification of plan.
(d) * * *
[[Page 47036]]
EPA-Approved Kansas Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
Permit or case State
Name of source No. effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(5) Exide Technologies........ 1690035 8/18/14 7/20/16, [Insert ......................
Federal Register
citation].
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
EPA-Approved Kansas Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of nonregulatory SIP geographic or State EPA approval date Explanation
provision nonattainment area submittal date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(43) Attainment plan for 2008 Salina............. 2/3/15 7/20/16, [Insert [EPA-R07-OAR-2015-07
lead NAAQS. Federal Register 08; 9949-13-Region
citation]. 7].
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2016-17065 Filed 7-19-16; 8:45 am]
BILLING CODE 6560-50-P