Air Plan Approval; Kansas; Infrastructure State Implementation Plan Requirements for the 2015 Ozone National Ambient Air Quality Standard, 56198-56200 [2020-17989]
Download as PDF
<![CDATA[
khammond on DSKJM1Z7X2PROD with PROPOSALS
56198
Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules
SIP submission that complies with the
provisions of the Clean Air Act and
applicable Federal regulations. 42
U.S.C. 7410(k); 40 CFR 52.02(a). Thus,
in reviewing SIP submissions, the EPA’s
role is to approve State choices,
provided that they meet the criteria of
the Clean Air Act. Accordingly, this
proposed 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 proposed
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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• 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 the requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this proposed action does
not apply on any Indian reservation
land or in any other area in Idaho where
the EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction. In those areas of Indian
VerDate Sep<11>2014
16:05 Sep 10, 2020
Jkt 250001
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 24, 2020.
Christopher Hladick,
Regional Administrator, Region 10.
[FR Doc. 2020–18972 Filed 9–10–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2020–0422; FRL–10013–
71–Region 7]
Air Plan Approval; Kansas;
Infrastructure State Implementation
Plan Requirements for the 2015 Ozone
National Ambient Air Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
certain elements of a State
Implementation Plan (SIP) submission
from the State of Kansas addressing the
applicable requirements of section 110
of the Clean Air Act (CAA) for the 2015
Ozone (O3) National Ambient Air
Quality Standard (NAAQS). Section 110
requires that each state adopt and
submit a SIP revision to support the
implementation, maintenance, and
enforcement of each new or revised
NAAQS promulgated by the 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: Comments must be received on
or before October 13, 2020.
ADDRESSES: You may send comments,
identified by Docket ID No. EPA–R07–
OAR–2020–0422 to https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Instructions: All submissions received
must include the Docket ID No. for this
rulemaking. Comments received will be
posted without change to https://
SUMMARY:
PO 00000
Frm 00014
Fmt 4702
Sfmt 4702
www.regulations.gov/, including any
personal information provided. For
detailed instructions on sending
comments and additional information
on the rulemaking process, see the
‘‘Written Comments’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
William Stone, Environmental
Protection Agency, Region 7 Office, Air
Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219;
telephone number (913) 551–7714;
email address stone.william@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA. A technical
support document (TSD) is included in
this proposed rulemaking docket.
Table of Contents
I. Written Comments
II. What is being addressed in this document?
III. Have the requirements for approval of a
SIP revision been met?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by
Docket ID No. EPA–R07–OAR–2020–
0422, at https://www.regulations.gov.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
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, 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.
II. What is being addressed in this
document?
The EPA is proposing to approve the
infrastructure SIP submission received
from the state on April 11, 2019, and
supplemented by letter dated February
6, 2020, in accordance with section
110(a)(1) of the CAA. Specifically, the
EPA is proposing to approve the
E:\FR\FM\11SEP1.SGM
11SEP1
Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules
khammond on DSKJM1Z7X2PROD with PROPOSALS
following infrastructure elements of
section 110(a)(2) of the CAA: (A)
through (C), (D)(i)(II)—prevent
significant deterioration of air quality
(prong 3) and protection of visibility
(prong 4), (D)(ii), (E) through (H), and (J)
through (M). Elements of section
110(a)(2)(D)(i)(I)—significant
contribution to nonattainment (prong 1)
and interfering with maintenance of the
NAAQS (prong 2) will be addressed in
a separate action.
Section 110(a)(2)(I) was also not
addressed in the submission, however,
the EPA does not expect infrastructure
SIP submissions to address element (I).
Section 110(a)(2)(I) requires states to
meet the applicable SIP requirements of
part D of the CAA relating to designated
nonattainment areas. The specific part D
submissions for designated
nonattainment areas are subject to
different submission schedules than
those for section 110 infrastructure
elements. The EPA will act on part D
attainment plan SIP submissions
through a separate rulemaking governed
by the requirements for nonattainment
areas, as described in part D.
A TSD is included as part of the
docket to discuss the details of this
proposed action, including an analysis
of how the SIP meets the applicable 110
requirements for infrastructure SIPs.
Included in the TSD is the EPA’s
analysis concerning Kansas’ authority to
conduct modeling in accordance with
the EPA’s ‘‘Revisions to the Guideline
on Air Quality Models: Enhancements
to the AERMOD Dispersion Modeling
System and Incorporation of
Approaches To Address Ozone and Fine
Particulate Matter’’ (also referred to as
the 2017 Guideline).1 82 FR 5182. While
Kansas has not yet formally adopted the
2017 Guideline into its regulations,
Kansas states that it has the authority to
integrate the requirements and
recommendations of the 2017 Guideline
in its regulatory processes. As detailed
in the TSD, the EPA proposes to find
that Kansas’ April 11, 2019 submission,
supplemented by letter dated February
6, 2020, satisfies the PSD-related
requirements of CAA sections
110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3),
and 110(a)(2)(J), and modeling
requirements related to CAA section
110(a)(2)(K).
III. Have the requirements for approval
of a SIP revision been met?
The state submission has met the
public notice requirements for SIP
submissions in accordance with 40 CFR
1 EPA’s
Guideline on Air Quality Models is
codified at 40 CFR part 51, appendix W and is
generically referred to as Guideline herein.
VerDate Sep<11>2014
16:05 Sep 10, 2020
Jkt 250001
51.102. The submission also satisfied
the completeness criteria of 40 CFR part
51, appendix V. The state provided a
public comment period for this SIP
revision from August 23, 2018 to
September 24, 2018, and received no
comments. In addition, as explained in
more detail in the technical support
document which is part of this docket,
the revision meets the substantive SIP
requirements of the CAA, including
section 110 and implementing
regulations.
IV. What action is EPA taking?
The EPA is proposing to approve
elements of the September 27, 2018,
submission addressing the
infrastructure elements for the 2015 O3
NAAQS. Specifically, the EPA is
proposing to approve the following
infrastructure elements of section
110(a)(2): (A) through (C), (D)(i)(II)
prong 3 and prong 4, (D)(ii), (E) through
(H), (J) through (M). The EPA is not
acting on the elements of section
110(a)(2)(D)(i)(I)—prong 1 and prong 2
because those elements were not
addressed in the submission. Section
110(a)(2)(I) was not addressed in the
submission and the EPA would not
expect it to be. The EPA’s analysis of the
submission is addressed in a TSD which
is part of this docket.
We are processing this as a proposed
action because we are soliciting
comments on this proposed action.
Final rulemaking will occur after
consideration of any comments.
V. 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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866.
• Does not impose an information
collection burden under the provisions
PO 00000
Frm 00015
Fmt 4702
Sfmt 4702
56199
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 the
National Technology Transfer and
Advancement Act (NTTA) because this
rulemaking does not involve technical
standards; 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Infrastructure,
Intergovernmental relations, Ozone.
Dated: August 11, 2020.
James Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the
preamble, the EPA proposes to amend
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.
E:\FR\FM\11SEP1.SGM
11SEP1
56200
Federal Register / Vol. 85, No. 177 / Friday, September 11, 2020 / Proposed Rules
§ 52.870
Subpart—R Kansas
2. In § 52.870, paragraph (e), the table
is amended by adding the entry ‘‘(45)’’
in numerical order to read as follows:
■
*
Identification of Plan.
*
*
(e) * * *
*
*
EPA-APPROVED KANSAS NONREGULATORY PROVISIONS
Name of nonregulatory SIP
provision
Applicable
geographic or
nonattainment
area
State
submittal
date
*
*
*
(45)Section 110(a)(2) InfraStatewide ..........
structure Requirements for
the 2015 O3 NAAQS.
[FR Doc. 2020–17989 Filed 9–10–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R04–RCRA–2020–0402; FRL–10013–
63–Region 4]
South Carolina: Proposed
Authorization of State Hazardous
Waste Management Program
Revisions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
South Carolina has applied to
the Environmental Protection Agency
(EPA) for final authorization of changes
to its hazardous waste program under
the Resource Conservation and
Recovery Act (RCRA), as amended. The
EPA has reviewed South Carolina’s
application and has determined, subject
to public comment, that these changes
satisfy all requirements needed to
qualify for final authorization.
Therefore, we are proposing to authorize
the State’s changes. The EPA seeks
public comment prior to taking final
action.
DATES: Comments must be received on
or before October 13, 2020.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
RCRA–2020–0402, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from
www.regulations.gov. The EPA may
publish any comment received to its
khammond on DSKJM1Z7X2PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
16:05 Sep 10, 2020
Jkt 250001
EPA approval date
9/27/18
*
*
[Date of publication of the
final rule in the Federal
Register], [Federal Register citation of the final
rule].
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, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets. The EPA
encourages electronic submittals, but if
you are unable to submit electronically
or need other assistance, please contact
Leah Davis, the contact listed in the FOR
FURTHER INFORMATION CONTACT provision
below. Please also contact Leah Davis if
you need assistance in a language other
than English or if you are a person with
disabilities who needs a reasonable
accommodation at no cost to you.
FOR FURTHER INFORMATION CONTACT:
Leah Davis, RCRA Programs and
Cleanup Branch, LCR Division, U.S.
Environmental Protection Agency,
Atlanta Federal Center, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960;
telephone number: (404) 562–8562; fax
number: (404) 562–9964; email address:
davis.leah@epa.gov.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00016
Fmt 4702
Sfmt 4702
Explanation
*
*
[EPA–R07–OAR–2020–0422; FRL–10013–
71–Region 7]. This action proposes to approve the following CAA elements:
110(a)(2)(A), (B), (C), (D)(i)(II)—prongs 3
and 4, (D)(ii), (E), (F), (G), (H), (J), (K),
(L), and (M). 110(a)(2)(D)(i)(I)—prongs 1
and 2 were not included in the submission. 110(a)(2)(I) is not applicable.
A. Why are revisions to state programs
necessary?
States that have received final
authorization from the EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must
maintain a hazardous waste program
that is equivalent to, consistent with,
and no less stringent than the Federal
program. As the Federal program
changes, states must change their
programs and ask the EPA to authorize
the changes. Changes to state programs
may be necessary when Federal or state
statutory or regulatory authority is
modified or when certain other changes
occur. Most commonly, states must
change their programs because of
changes to the EPA’s regulations in 40
Code of Federal Regulations (CFR) parts
124, 260 through 268, 270, 273, and 279.
New Federal requirements and
prohibitions imposed by Federal
regulations that the EPA promulgates
pursuant to the Hazardous and Solid
Waste Amendments of 1984 (HSWA)
take effect in authorized states at the
same time that they take effect in
unauthorized states. Thus, the EPA will
implement those requirements and
prohibitions in South Carolina,
including the issuance of new permits
implementing those requirements, until
the State is granted authorization to do
so.
B. What decisions has the EPA made in
this proposed rule?
South Carolina submitted a final
complete program revision application,
dated April 8, 2020, seeking
authorization of changes to its
hazardous waste program that
correspond to certain Federal rules
promulgated between July 1, 2003 and
June 30, 2018 (including RCRA
E:\FR\FM\11SEP1.SGM
11SEP1
]]>Agencies
[Federal Register Volume 85, Number 177 (Friday, September 11, 2020)]
[Proposed Rules]
[Pages 56198-56200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17989]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2020-0422; FRL-10013-71-Region 7]
Air Plan Approval; Kansas; Infrastructure State Implementation
Plan Requirements for the 2015 Ozone National Ambient Air Quality
Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve certain elements of a State Implementation Plan (SIP)
submission from the State of Kansas addressing the applicable
requirements of section 110 of the Clean Air Act (CAA) for the 2015
Ozone (O3) National Ambient Air Quality Standard (NAAQS).
Section 110 requires that each state adopt and submit a SIP revision to
support the implementation, maintenance, and enforcement of each new or
revised NAAQS promulgated by the 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: Comments must be received on or before October 13, 2020.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2020-0422 to https://www.regulations.gov. Follow the online
instructions for submitting comments.
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received will be posted without
change to https://www.regulations.gov/, including any personal
information provided. For detailed instructions on sending comments and
additional information on the rulemaking process, see the ``Written
Comments'' heading of the SUPPLEMENTARY INFORMATION section of this
document.
FOR FURTHER INFORMATION CONTACT: William Stone, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-
7714; email address [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA. A technical support document (TSD) is
included in this proposed rulemaking docket.
Table of Contents
I. Written Comments
II. What is being addressed in this document?
III. Have the requirements for approval of a SIP revision been met?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2020-
0422, at https://www.regulations.gov. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other 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, 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.
II. What is being addressed in this document?
The EPA is proposing to approve the infrastructure SIP submission
received from the state on April 11, 2019, and supplemented by letter
dated February 6, 2020, in accordance with section 110(a)(1) of the
CAA. Specifically, the EPA is proposing to approve the
[[Page 56199]]
following infrastructure elements of section 110(a)(2) of the CAA: (A)
through (C), (D)(i)(II)--prevent significant deterioration of air
quality (prong 3) and protection of visibility (prong 4), (D)(ii), (E)
through (H), and (J) through (M). Elements of section
110(a)(2)(D)(i)(I)--significant contribution to nonattainment (prong 1)
and interfering with maintenance of the NAAQS (prong 2) will be
addressed in a separate action.
Section 110(a)(2)(I) was also not addressed in the submission,
however, the EPA does not expect infrastructure SIP submissions to
address element (I). Section 110(a)(2)(I) requires states to meet the
applicable SIP requirements of part D of the CAA relating to designated
nonattainment areas. The specific part D submissions for designated
nonattainment areas are subject to different submission schedules than
those for section 110 infrastructure elements. The EPA will act on part
D attainment plan SIP submissions through a separate rulemaking
governed by the requirements for nonattainment areas, as described in
part D.
A TSD is included as part of the docket to discuss the details of
this proposed action, including an analysis of how the SIP meets the
applicable 110 requirements for infrastructure SIPs. Included in the
TSD is the EPA's analysis concerning Kansas' authority to conduct
modeling in accordance with the EPA's ``Revisions to the Guideline on
Air Quality Models: Enhancements to the AERMOD Dispersion Modeling
System and Incorporation of Approaches To Address Ozone and Fine
Particulate Matter'' (also referred to as the 2017 Guideline).\1\ 82 FR
5182. While Kansas has not yet formally adopted the 2017 Guideline into
its regulations, Kansas states that it has the authority to integrate
the requirements and recommendations of the 2017 Guideline in its
regulatory processes. As detailed in the TSD, the EPA proposes to find
that Kansas' April 11, 2019 submission, supplemented by letter dated
February 6, 2020, satisfies the PSD-related requirements of CAA
sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3), and 110(a)(2)(J),
and modeling requirements related to CAA section 110(a)(2)(K).
---------------------------------------------------------------------------
\1\ EPA's Guideline on Air Quality Models is codified at 40 CFR
part 51, appendix W and is generically referred to as Guideline
herein.
---------------------------------------------------------------------------
III. Have the requirements for 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. The
state provided a public comment period for this SIP revision from
August 23, 2018 to September 24, 2018, and received no comments. In
addition, as explained in more detail in the technical support document
which is part of this docket, the revision meets the substantive SIP
requirements of the CAA, including section 110 and implementing
regulations.
IV. What action is EPA taking?
The EPA is proposing to approve elements of the September 27, 2018,
submission addressing the infrastructure elements for the 2015
O3 NAAQS. Specifically, the EPA is proposing to approve the
following infrastructure elements of section 110(a)(2): (A) through
(C), (D)(i)(II) prong 3 and prong 4, (D)(ii), (E) through (H), (J)
through (M). The EPA is not acting on the elements of section
110(a)(2)(D)(i)(I)--prong 1 and prong 2 because those elements were not
addressed in the submission. Section 110(a)(2)(I) was not addressed in
the submission and the EPA would not expect it to be. The EPA's
analysis of the submission is addressed in a TSD which is part of this
docket.
We are processing this as a proposed action because we are
soliciting comments on this proposed action. Final rulemaking will
occur after consideration of any comments.
V. 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
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 the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Infrastructure, Intergovernmental relations, Ozone.
Dated: August 11, 2020.
James Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA proposes to amend
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.
[[Page 56200]]
Subpart--R Kansas
0
2. In Sec. 52.870, paragraph (e), the table is amended by adding the
entry ``(45)'' in numerical order to read as follows:
Sec. 52.870 Identification of Plan.
* * * * *
(e) * * *
EPA-Approved Kansas Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
Name of nonregulatory SIP Applicable geographic State
provision or nonattainment area submittal date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(45)Section 110(a)(2) Statewide.............. 9/27/18 [Date of [EPA-R07-OAR-2020-
Infrastructure Requirements publication of 0422; FRL-10013-
for the 2015 O3 NAAQS. the final rule in 71-Region 7].
the Federal This action
Register], proposes to
[Federal Register approve the
citation of the following CAA
final rule]. elements:
110(a)(2)(A),
(B), (C),
(D)(i)(II)--prong
s 3 and 4,
(D)(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M).
110(a)(2)(D)(i)(I
)--prongs 1 and 2
were not included
in the
submission.
110(a)(2)(I) is
not applicable.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2020-17989 Filed 9-10-20; 8:45 am]
BILLING CODE 6560-50-P
