Interstate Transport Prongs 1 and 2 for the 2010 Sulfur Dioxide (SO2, 43960-43962 [2021-16759]
Download as PDF
<![CDATA[
43960
*
*
Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Rules and Regulations
*
*
in the FOR FURTHER INFORMATION
CONTACT section to schedule your
*
[FR Doc. 2021–16939 Filed 8–10–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2021–0365; FRL–8705–02–
R7]
Interstate Transport Prongs 1 and 2 for
the 2010 Sulfur Dioxide (SO2) Standard
for Kansas and Nebraska
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
jbell on DSKJLSW7X2PROD with RULES
Table of Contents
The Environmental Protection
Agency (EPA) is taking final action to
approve State Implementation Plan
(SIP) submissions from Kansas and
Nebraska addressing the Clean Air Act
(CAA or Act) interstate transport SIP
requirements for the 2010 Sulfur
Dioxide (SO2) National Ambient Air
Quality Standards (NAAQS). These
submissions address the requirement
that each SIP contain adequate
provisions prohibiting air emissions that
will have certain adverse air quality
effects in other states. The EPA is
approving portions of these
infrastructure SIPs for the
aforementioned states as containing
adequate provisions to ensure that air
emissions in the states will not
significantly contribute to
nonattainment or interfere with
maintenance of the 2010 SO2 NAAQS in
any other state.
DATES: This final rule is effective on
September 10, 2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2021–0365. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information 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 in hard copy at
the Atmospheric Programs Section, Air
Quality Planning Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 7, 11201
Renner Boulevard, Lenexa, Kansas
66219. The EPA requests that if at all
possible, you contact the person listed
SUMMARY:
VerDate Sep<11>2014
17:21 Aug 10, 2021
Jkt 253001
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT:
Ashley Keas, Environmental Protection
Agency, Region 7 Office, Air Quality
Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at
(913) 551–7629, or by email at
keas.ashley@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
I. What is being addressed in this document?
II. Have the requirements for approval of a
SIP revisions been met?
III. What are the actions the EPA is taking?
IV. Statutory and Executive Order Reviews
I. What is being addressed in this
document?
In this action, the EPA is approving
the prong 1 and prong 2 portions of
infrastructure SIP submissions
submitted by Kansas on April 7, 2020,
and Nebraska on October 27, 2020, as
demonstrating that the SIP contains
adequate provisions to ensure that air
emissions from sources in these states
will not significantly contribute to
nonattainment or interfere with
maintenance of the 2010 SO2 NAAQS in
any other state or each other. All other
applicable infrastructure SIP
requirements for these SIP submissions
are addressed in separate rulemakings.
As discussed in Section IV of the
proposed action (see 86 FR 31645), the
EPA first reviewed each state’s analysis
to assess how the state evaluated the
transport of SO2 to other states, the
types of information used in the
analysis and the conclusions drawn by
the state. The EPA then conducted a
weight of evidence analysis, including
review of each state’s submission and
other available information, including
air quality, emission sources and
emission trends within the state and in
bordering states to which it could
potentially contribute or interfere.1
1 This approval action is based on the information
contained in the administrative record for this
action and does not prejudge any other future EPA
action that may make other determinations
regarding any of the subject state’s air quality status.
Any such future actions, such as area designations
under any NAAQS, will be based on their own
administrative records and the EPA’s analyses of
information that becomes available at those times.
Future available information may include, and is
not limited to, monitoring data and modeling
analyses conducted pursuant to the EPA’s SO2 Data
Requirements Rule (80 FR 51052, August 21, 2015)
and information submitted to the EPA by states, air
PO 00000
Frm 00052
Fmt 4700
Sfmt 4700
Please see the EPA’s proposed rule for
the full analysis of the state submittals.
The public comment period on the
EPA’s proposed rule opened on June 15,
2021, the date of its publication in the
Federal Register and closed on July 15,
2021. During this period, the EPA
received no comments.
II. Have the requirements for approval
of a SIP revision been met?
The State submissions have met the
public notice requirements for SIP
submissions in accordance with 40 CFR
51.102. The submissions also satisfied
the completeness criteria of 40 CFR part
51, appendix V. Kansas provided public
notice on its SIP revision from January
16, 2020, to February 17, 2020, and
received no comments. Nebraska
provided public notice on its SIP
revision from September 14, 2020, to
October 16, 2020, and received no
comments. In addition, the revision
meets the substantive SIP requirements
of the CAA, including section 110 and
implementing regulations.
III. What are the actions the EPA is
taking?
The EPA is taking final action to
approve the following submittals as
meeting the interstate transport
requirements of CAA section
110(a)(2)(D)(i)(I) for the 2010 SO2
NAAQS: Kansas’ April 7, 2020
submittal and Nebraska’s October 27,
2020 submittal. The EPA is finalizing
this approval based on our review of the
information and analysis provided by
each state, as well as additional relevant
information, as detailed in the EPA’s
proposed rule, which indicates that instate air emissions will not contribute
significantly to nonattainment or
interfere with maintenance of the 2010
SO2 NAAQS in any other state. This
action is being taken under section 110
of the CAA.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, 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, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the CAA.
Accordingly, these proposed actions
merely approve state law as meeting
federal requirements and do not impose
additional requirements beyond those
agencies, and third party stakeholders such as
citizen groups and industry representatives.
E:\FR\FM\11AUR1.SGM
11AUR1
Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Rules and Regulations
imposed by state law. For that reason,
these proposed actions:
• Are not significant regulatory
actions subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Are 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.);
• Do 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);
• Do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Are not economically significant
regulatory actions based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not significant regulatory
actions subject to Executive Order
13211 (66 FR 28355, May 22, 2001);
• Are 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
this action does not involve technical
standards; and
• Do 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, these SIPs are not
approved to apply on any Indian
reservation land or in any other area
where the EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by October 12, 2021. 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
43961
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur dioxide, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 30, 2021.
Edward H. Chu,
Acting Regional Administrator, Region 7.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as set forth below:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart R
Kansas
2. In § 52.870, the table in paragraph
(e) is amended by adding an entry for
‘‘(46)’’ in numerical order to read as
follows:
■
§ 52.870
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED KANSAS NONREGULATORY PROVISIONS
Applicable geographic or nonattainment area
Name of nonregulatory SIP
provision
*
*
*
State submittal date
EPA approval date
*
*
*
(46) Section 110(a)(2)(D)(i)(I)—significant
contribution to nonattainment (prong 1),
and interfering with maintenance of the
NAAQs (prong 2) (Interstate Transport)
Infrastructure Requirements for the 2010
SO2 NAAQS.
Statewide ..........
jbell on DSKJLSW7X2PROD with RULES
Subpart CC—Nebraska
3. In § 52.1420, the table in paragraph
(e) is amended by adding an entry for
17:21 Aug 10, 2021
Jkt 253001
4/7/2020
8/11/2021, [Federal
Register citation].
‘‘(37)’’ in numerical order to read as
follows:
PO 00000
Frm 00053
*
*
*
■
VerDate Sep<11>2014
Explanation
Fmt 4700
Sfmt 4700
[EPA–R07–OAR–2021–0365; FRL–8705–
02-Region 7]. This action addresses the
following
CAA
elements:
110(a)(2)(D)(i)(I)—prongs 1 and 2.
§ 52.1420
*
Identification of plan.
*
*
(e) * * *
E:\FR\FM\11AUR1.SGM
11AUR1
*
*
43962
Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Rules and Regulations
EPA-APPROVED NEBRASKA NONREGULATORY PROVISIONS
Applicable
geographic or
nonattainment
area
Name of nonregulatory SIP provision
*
*
State
submittal
date
*
EPA approval date
*
*
*
(37) Section 110(a)(2)(D)(i)(I)—significant
contribution to nonattainment (prong 1),
and interfering with maintenance of the
NAAQs (prong 2) (Interstate Transport)
Infrastructure Requirements for the 2010
SO2 NAAQS.
Statewide ..........
[FR Doc. 2021–16759 Filed 8–10–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2018–0694; FRL–8823–02–
R5]
Air Plan Approval; Ohio; Infrastructure
SIP Requirements for the 2015 Ozone
NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving elements of
a State Implementation Plan (SIP)
submission from Ohio regarding the
infrastructure requirements of section
110 of the Clean Air Act (CAA) for the
2015 Ozone National Ambient Air
Quality Standards (NAAQS). 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. EPA
proposed to approve this action on
March 9, 2021, and received no adverse
comments.
DATES: This final rule is effective on
September 10, 2021.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2018–0694. 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., Confidential Business Information
(CBI) or other information whose
jbell on DSKJLSW7X2PROD with RULES
SUMMARY:
Explanation
*
*
*
10/27/2020
8/11/2021, [Federal
Register citation].
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 through
www.regulations.gov or at the
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays and
facility closures due to COVID–19. We
recommend that you telephone Rachel
Rineheart, Environmental Engineer, at
(312) 886–7017 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Rachel Rineheart, Environmental
Engineer, Air Permits Section, Air
Programs Branch (AR18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–7017,
rineheart.rachel@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. Background Information
On March 9, 2021, EPA proposed to
approve elements of a SIP submission
from Ohio regarding the infrastructure
requirements of CAA section 110 for the
2015 ozone NAAQS. 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. An
explanation of the CAA requirements, a
detailed analysis of the revisions, and
[EPA–R07–OAR–2021–0365; FRL–8705–
02–Region 7]. This action addresses
the
following
CAA
elements:
110(a)(2)(D)(i)(I)—prongs 1 and 2.
EPA’s reasons for proposing approval
were provided in the notice of proposed
rulemaking and will not be restated
here.
The public comment period for this
proposed rule ended on April 9, 2021.
During the comment period, EPA
received 3 comments that covered a
variety of topics including: Support of
the proposed action and questions
regarding how EPA ensures that states
are complying with the approved SIP;
what other measures beyond the SIP
states must follow; how EPA determines
if emissions from one state impact air
quality in another state; and how EPA
informs the public of adverse air quality
conditions. All of the comments
received are included in the docket for
this action.
We do not consider these comments
to be germane or relevant to the
specifics of this action and therefore not
adverse to this action. The comments
lack the required specificity to the
proposed SIP revision and the relevant
requirements of CAA section 110.
Moreover, none of the comments
address a specific regulation or
provision in question, or recommend a
different action on the SIP submission
from what EPA proposed. Therefore, we
are finalizing our action as proposed.
II. Final Action
EPA is approving most elements of a
submission from Ohio certifying that its
current SIP is sufficient to meet the
infrastructure requirements in CAA
sections 110(a)(1) and (2) with respect to
the 2015 Ozone NAAQS. EPA’s final
actions for the state’s satisfaction of
infrastructure SIP requirements, by
element of section 110(a)(2) are
contained in the table below.
Element
2015 ozone
NAAQS
(A)—Emission limits and other control measures ...............................................................................................................................
(B)—Ambient air quality monitoring/data system ................................................................................................................................
A
A
VerDate Sep<11>2014
17:21 Aug 10, 2021
Jkt 253001
PO 00000
Frm 00054
Fmt 4700
Sfmt 4700
E:\FR\FM\11AUR1.SGM
11AUR1
]]>Agencies
[Federal Register Volume 86, Number 152 (Wednesday, August 11, 2021)]
[Rules and Regulations]
[Pages 43960-43962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16759]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2021-0365; FRL-8705-02-R7]
Interstate Transport Prongs 1 and 2 for the 2010 Sulfur Dioxide
(SO2) Standard for Kansas and Nebraska
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve State Implementation Plan (SIP) submissions from
Kansas and Nebraska addressing the Clean Air Act (CAA or Act)
interstate transport SIP requirements for the 2010 Sulfur Dioxide
(SO2) National Ambient Air Quality Standards (NAAQS). These
submissions address the requirement that each SIP contain adequate
provisions prohibiting air emissions that will have certain adverse air
quality effects in other states. The EPA is approving portions of these
infrastructure SIPs for the aforementioned states as containing
adequate provisions to ensure that air emissions in the states will not
significantly contribute to nonattainment or interfere with maintenance
of the 2010 SO2 NAAQS in any other state.
DATES: This final rule is effective on September 10, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2021-0365. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information may not be publicly available, i.e.,
Confidential Business Information 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 in hard
copy at the Atmospheric Programs Section, Air Quality Planning Branch,
Air and Radiation Division, U.S. Environmental Protection Agency,
Region 7, 11201 Renner Boulevard, Lenexa, Kansas 66219. The EPA
requests that if at all possible, you contact the person listed in the
FOR FURTHER INFORMATION CONTACT section to schedule your inspection.
The Regional Office's official hours of business are Monday through
Friday 8:30 a.m. to 4:30 p.m., excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Ashley Keas, Environmental Protection
Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at (913) 551-7629, or by email at
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA.
Table of Contents
I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revisions been met?
III. What are the actions the EPA is taking?
IV. Statutory and Executive Order Reviews
I. What is being addressed in this document?
In this action, the EPA is approving the prong 1 and prong 2
portions of infrastructure SIP submissions submitted by Kansas on April
7, 2020, and Nebraska on October 27, 2020, as demonstrating that the
SIP contains adequate provisions to ensure that air emissions from
sources in these states will not significantly contribute to
nonattainment or interfere with maintenance of the 2010 SO2
NAAQS in any other state or each other. All other applicable
infrastructure SIP requirements for these SIP submissions are addressed
in separate rulemakings.
As discussed in Section IV of the proposed action (see 86 FR
31645), the EPA first reviewed each state's analysis to assess how the
state evaluated the transport of SO2 to other states, the
types of information used in the analysis and the conclusions drawn by
the state. The EPA then conducted a weight of evidence analysis,
including review of each state's submission and other available
information, including air quality, emission sources and emission
trends within the state and in bordering states to which it could
potentially contribute or interfere.\1\ Please see the EPA's proposed
rule for the full analysis of the state submittals.
---------------------------------------------------------------------------
\1\ This approval action is based on the information contained
in the administrative record for this action and does not prejudge
any other future EPA action that may make other determinations
regarding any of the subject state's air quality status. Any such
future actions, such as area designations under any NAAQS, will be
based on their own administrative records and the EPA's analyses of
information that becomes available at those times. Future available
information may include, and is not limited to, monitoring data and
modeling analyses conducted pursuant to the EPA's SO2
Data Requirements Rule (80 FR 51052, August 21, 2015) and
information submitted to the EPA by states, air agencies, and third
party stakeholders such as citizen groups and industry
representatives.
---------------------------------------------------------------------------
The public comment period on the EPA's proposed rule opened on June
15, 2021, the date of its publication in the Federal Register and
closed on July 15, 2021. During this period, the EPA received no
comments.
II. Have the requirements for approval of a SIP revision been met?
The State submissions have met the public notice requirements for
SIP submissions in accordance with 40 CFR 51.102. The submissions also
satisfied the completeness criteria of 40 CFR part 51, appendix V.
Kansas provided public notice on its SIP revision from January 16,
2020, to February 17, 2020, and received no comments. Nebraska provided
public notice on its SIP revision from September 14, 2020, to October
16, 2020, and received no comments. In addition, the revision meets the
substantive SIP requirements of the CAA, including section 110 and
implementing regulations.
III. What are the actions the EPA is taking?
The EPA is taking final action to approve the following submittals
as meeting the interstate transport requirements of CAA section
110(a)(2)(D)(i)(I) for the 2010 SO2 NAAQS: Kansas' April 7,
2020 submittal and Nebraska's October 27, 2020 submittal. The EPA is
finalizing this approval based on our review of the information and
analysis provided by each state, as well as additional relevant
information, as detailed in the EPA's proposed rule, which indicates
that in-state air emissions will not contribute significantly to
nonattainment or interfere with maintenance of the 2010 SO2
NAAQS in any other state. This action is being taken under section 110
of the CAA.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, 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, the EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. Accordingly,
these proposed actions merely approve state law as meeting federal
requirements and do not impose additional requirements beyond those
[[Page 43961]]
imposed by state law. For that reason, these proposed actions:
Are not significant regulatory actions subject to review
by the Office of Management and Budget under Executive Order 12866 (58
FR 51735, October 4, 1993);
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are 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.);
Do 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);
Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are 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 this action does not involve technical standards; and
Do 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, these SIPs are not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 12, 2021. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur dioxide,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 30, 2021.
Edward H. Chu,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, the 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 an
entry for ``(46)'' in numerical order to read as follows:
Sec. 52.870 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Kansas Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
State
Name of nonregulatory SIP Applicable geographic submittal EPA approval date Explanation
provision or nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * * * *
----------------------------------------------------------------------------------------------------------------
(46) Section Statewide.............. 4/7/2020 8/11/2021, [EPA-R07-OAR-2021-0365
110(a)(2)(D)(i)(I)--significan [Federal ; FRL-8705-02-Region
t contribution to Register 7]. This action
nonattainment (prong 1), and citation]. addresses the
interfering with maintenance following CAA
of the NAAQs (prong 2) elements:
(Interstate Transport) 110(a)(2)(D)(i)(I)--p
Infrastructure Requirements rongs 1 and 2.
for the 2010 SO2 NAAQS.
----------------------------------------------------------------------------------------------------------------
Subpart CC--Nebraska
0
3. In Sec. 52.1420, the table in paragraph (e) is amended by adding an
entry for ``(37)'' in numerical order to read as follows:
Sec. 52.1420 Identification of plan.
* * * * *
(e) * * *
[[Page 43962]]
EPA-Approved Nebraska Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
State
Name of nonregulatory SIP Applicable geographic submittal EPA approval date Explanation
provision or nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * * * *
----------------------------------------------------------------------------------------------------------------
(37) Section Statewide.............. 10/27/2020 8/11/2021, [EPA-R07-OAR-2021-0365
110(a)(2)(D)(i)(I)--significan [Federal ; FRL-8705-02-Region
t contribution to Register 7]. This action
nonattainment (prong 1), and citation]. addresses the
interfering with maintenance following CAA
of the NAAQs (prong 2) elements:
(Interstate Transport) 110(a)(2)(D)(i)(I)--p
Infrastructure Requirements rongs 1 and 2.
for the 2010 SO2 NAAQS.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2021-16759 Filed 8-10-21; 8:45 am]
BILLING CODE 6560-50-P
