80 FR 32017 - Approval and Promulgation of Implementation Plans; State of Kansas; Infrastructure SIP Requirements for the 2010 Sulfur Dioxide National Ambient Air Quality Standard
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 108 (June 5, 2015)
Federal Register Volume 80, Issue 108 (June 5, 2015)
| Page Range | 32017-32019 | |
| FR Document | 2015-13402 |
[Federal Register Volume 80, Number 108 (Friday, June 5, 2015)] [Rules and Regulations] [Pages 32017-32019] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-13402] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2014-0528; FRL-9928-59-Region 7] Approval and Promulgation of Implementation Plans; State of Kansas; Infrastructure SIP Requirements for the 2010 Sulfur Dioxide National Ambient Air Quality Standard AGENCY: Environmental Protection Agency. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to [[Page 32018]] approve elements of a State Implementation Plan (SIP) submission from the State of Kansas addressing the applicable requirements of Clean Air Act (CAA) section 110 for the 2010 National Ambient Air Quality Standards (NAAQS) for Sulfur Dioxide (SO2 ), which requires that each state adopt and submit a SIP to support implementation, maintenance, and enforcement of each new or revised NAAQS promulgated by EPA. These SIPs are commonly referred to as ``infrastructure'' SIPs. The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA. DATES: This final rule is effective July 6, 2015. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R07-OAR-2014-0528. All documents in the electronic docket are listed in the http://www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically at http://www.regulations.gov or in hard copy at U.S. Environmental Protection Agency, Region 7, 11201 Renner Boulevard, Lenexa, Kansas 66219 from 8:00 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The interested persons wanting to examine these documents should make an appointment with the office at least 24 hours in advance. FOR FURTHER INFORMATION CONTACT: Ms. Lachala Kemp, Air Planning and Development Branch, U.S. Environmental Protection Agency, Region 7, 11201 Renner Boulevard, Lenexa, KS 66219; telephone number: (913) 551- 7214; fax number: (913) 551-7065; email address: [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,'' ``us,'' or ``our'' refer to EPA. This section provides additional information by addressing the following: I. Background II. Summary of SIP Revision III. Final Action IV. Statutory and Executive Order Review I. Background On March 6, 2015, (80 FR 12109), EPA published a notice of proposed rulemaking (NPR) for the State of Kansas. The NPR proposed approval of Kansas' submission that provides the basic elements specified in section 110(a)(2) of the CAA, or portions thereof, necessary to implement, maintain, and enforce the 2010 SO2 NAAQS. II. Summary of SIP Revision On July 15, 2013, EPA received a SIP submission from the state of Kansas that address the infrastructure elements specified in section 110(a)(2) for the 2010 SO2 NAAQS. The submissions addressed the following infrastructure elements of section 110(a)(2): (A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M). Specific requirements of section 110(a)(2) of the CAA and the rationale for EPA's proposed action to approve the SIP submission are explained in the NPR and will not be restated here. No public comments were received on the NPR. III. Final Action EPA is approving Kansas' submission which provides the basic program elements specified in section 110(a)(2)(A), (B), (C), (D)(i)(II) (prongs 3 and 4), (D)(ii) (E), (F), (G), (H), (J), (K), (L), and (M) of the CAA, or portions thereof, necessary to implement, maintain, and enforce the 2010 SO2 NAAQS, as a revision to the Kansas SIP. This action is being taken under section 110 of the CAA. As discussed in each applicable section of the NPR, EPA is not acting on section 110(a)(2)(D)(i)(I), and section 110(a)(2)(I)-- Nonattainment Area Plan or Plan Revisions Under part D. IV. Statutory and Executive Order Review Under the CAA the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the 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 [[Page 32019]] Court of Appeals for the appropriate circuit by August 4, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Sulfur dioxide, Reporting and recordkeeping requirements. Dated: May 21, 2015. Becky Weber, Acting Regional Administrator, Region 7. For the reasons stated in the preamble, the EPA is amending 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(e), the table is amended by adding entry (40) in numerical order to read as follows: Sec. 52.870 Identification of plan. * * * * * (e) * * * EPA-Approved Kansas Nonregulatory Provisions ---------------------------------------------------------------------------------------------------------------- Applicable geographic State Name of nonregulatory SIP area or nonattainment submittal EPA approval date Explanation provision area date ---------------------------------------------------------------------------------------------------------------- * * * * * * * (40) Section 110(a)(2) Statewide............... 7/15/2013 6/5/2015 and This action addresses Infrastructure Requirements [Insert Federal the following CAA for the 2010 SO2 NAAQS. Register elements: citation]. 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M), except as noted. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2015-13402 Filed 6-4-15; 8:45 am] BILLING CODE 6560-50-P
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(ii) Release to water. Requirements as (i) Industrial commercial, and (b) Specific requirements. The
specified in § 721.90(a)(4), (b)(4), and consumer activities. Requirements as provisions of subpart A of this part
(c)(4) (N=1). specified in § 721.80(v)(1), (w)(1), and apply to this section except as modified
(b) Specific requirements. The (x)(1). by this paragraph.
provisions of subpart A of this part (ii) Release to water. Requirements as (1) Recordkeeping. Recordkeeping
apply to this section except as modified specified in § 721.90(a)(4), (b)(4), and requirements as specified in
by this paragraph. (c)(4) (N=28). § 721.125(a) through (c), and (k) are
(1) Recordkeeping. Recordkeeping (b) Specific requirements. The applicable to manufacturers and
requirements as specified in provisions of subpart A of this part processors of this substance.
§ 721.125(a) through (c), (i), and (k) are apply to this section except as modified (2) Limitations or revocation of
applicable to manufacturers and by this paragraph. certain notification requirements. The
processors of this substance. (1) Recordkeeping. Recordkeeping provisions of § 721.185 apply to this
(2) Limitations or revocation of requirements as specified in section.
certain notification requirements. The § 721.125(a) through (c), (i), and (k) are ■ 24. Add § 721.10850 to subpart E to
provisions of § 721.185 apply to this applicable to manufacturers and read as follows:
section. processors of this substance.
■ 20. Add § 721.10846 to subpart E to (2) Limitations or revocation of § 721.10850 Polymer of phenol, biphenyl
certain notification requirements. The and resorcinol (generic).
read as follows:
provisions of § 721.185 apply to this (a) Chemical substance and
§ 721.10846 Sulfurized hydrocarbon section. significant new uses subject to reporting.
(generic). (1) The chemical substance identified
■ 22. Add § 721.10848 to subpart E to
(a) Chemical substance and read as follows: generically as polymer of phenol,
significant new uses subject to reporting. biphenyl and resorcinol (PMN P–15–
(1) The chemical substance identified § 721.10848 Aryloxyalkyl amine (generic). 116) is subject to reporting under this
generically as sulfurized hydrocarbon (a) Chemical substance and section for the significant new uses
(PMN P–14–811) is subject to reporting significant new uses subject to reporting. described in paragraph (a)(2) of this
under this section for the significant (1) The chemical substance identified section.
new uses described in paragraph (a)(2) generically as aryloxyalkyl amine (PMN (2) The significant new uses are:
of this section. P–14–875) is subject to reporting under (i) Release to water. Requirements as
(2) The significant new uses are: this section for the significant new uses specified in § 721.90(a)(4), (b)(4), and
(i) Industrial commercial, and described in paragraph (a)(2) of this (c)(4) (N=5).
consumer activities. Requirements as section. (ii) [Reserved]
specified in § 721.80. A significant new (2) The significant new uses are: (b) Specific requirements. The
use is any use where less than 80 (i) Release to water. Requirements as provisions of subpart A of this part
percent of the low molecular weight specified in § 721.90(a)(4), (b)(4), and apply to this section except as modified
species are greater than 1,000 daltons. (c)(4) (N=44). by this paragraph.
(ii) [Reserved] (ii) [Reserved] (1) Recordkeeping. Recordkeeping
(b) Specific requirements. The (b) Specific requirements. The requirements as specified in
provisions of subpart A of this part provisions of subpart A of this part § 721.125(a) through (c), and (k) are
apply to this section except as modified apply to this section except as modified applicable to manufacturers and
by this paragraph. by this paragraph. processors of this substance.
(1) Recordkeeping. Recordkeeping (1) Recordkeeping. Recordkeeping (2) Limitations or revocation of
requirements as specified in requirements as specified in certain notification requirements. The
§ 721.125(a) through (c), and (i) are § 721.125(a) through (c), and (k) are provisions of § 721.185 apply to this
applicable to manufacturers and applicable to manufacturers and section.
processors of this substance. processors of this substance. [FR Doc. 2015–13670 Filed 6–4–15; 8:45 am]
(2) Limitations or revocation of (2) Limitations or revocation of
BILLING CODE 6560–50–P
certain notification requirements. The certain notification requirements. The
provisions of § 721.185 apply to this provisions of § 721.185 apply to this
section. section. ENVIRONMENTAL PROTECTION
(3) Determining whether a specific use ■ 23. Add § 721.10849 to subpart E to AGENCY
is subject to this section. The provisions read as follows:
of § 721.1725(b)(1) apply to paragraph 40 CFR Part 52
(a)(2)(i) of this section. § 721.10849 Phenol-biphenyl-
formaldehyde polycondensate (generic). [EPA–R07–OAR–2014–0528; FRL–9928–59–
■ 21. Add § 721.10847 to subpart E to Region 7]
read as follows: (a) Chemical substance and
significant new uses subject to reporting. Approval and Promulgation of
§ 721.10847 Oxiranemethanaminium, (1) The chemical substance identified
N,N,N-trimethyl-, bromide. Implementation Plans; State of
generically as phenol-biphenyl- Kansas; Infrastructure SIP
(a) Chemical substance and formaldehyde polycondensate (PMN P– Requirements for the 2010 Sulfur
significant new uses subject to reporting. 15–115) is subject to reporting under Dioxide National Ambient Air Quality
(1) The chemical substance identified as this section for the significant new uses
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Standard
oxiranemethanaminium, N,N,N- described in paragraph (a)(2) of this
trimethyl-, bromide (PMN P–14–821; section. AGENCY: Environmental Protection
CAS No. 13895–77–7) is subject to (2) The significant new uses are: Agency.
reporting under this section for the (i) Release to water. Requirements as ACTION: Final rule.
significant new uses described in specified in § 721.90(a)(4), (b)(4), and
paragraph (a)(2) of this section. (c)(4) (N=5). SUMMARY: The Environmental Protection
(2) The significant new uses are: (ii) [Reserved] Agency (EPA) is taking final action to
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Court of Appeals for the appropriate List of Subjects in 40 CFR Part 52 PART 52—APPROVAL AND
circuit by August 4, 2015. Filing a PROMULGATION OF
petition for reconsideration by the Environmental protection, Air IMPLEMENTATION PLANS
Administrator of this final rule does not pollution control, Carbon monoxide,
affect the finality of this action for the Incorporation by reference, ■ 1. The authority citation for part 52
purposes of judicial review nor does it Intergovernmental relations, Sulfur continues to read as follows:
extend the time within which a petition dioxide, Reporting and recordkeeping Authority: 42 U.S.C. 7401 et seq.
for judicial review may be filed, and requirements.
shall not postpone the effectiveness of Dated: May 21, 2015. Subpart R—Kansas
such rule or action. This action may not Becky Weber, ■ 2. In § 52.870(e), the table is amended
be challenged later in proceedings to Acting Regional Administrator, Region 7. by adding entry (40) in numerical order
enforce its requirements. (See section to read as follows:
307(b)(2)). For the reasons stated in the
preamble, the EPA is amending 40 CFR § 52.870 Identification of plan.
part 52 as set forth below: * * * * *
(e) * * *
EPA-APPROVED KANSAS NONREGULATORY PROVISIONS
Applicable State
Name of nonregulatory SIP geographic area submittal EPA approval date Explanation
provision or nonattainment date
area
* * * * * * *
(40) Section 110(a)(2) In- Statewide ............ 7/15/2013 6/5/2015 and [Insert Fed- This action addresses the following CAA elements:
frastructure Require- eral Register citation]. 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G),
ments for the 2010 SO2 (H), (J), (K), (L), and (M), except as noted.
NAAQS.
[FR Doc. 2015–13402 Filed 6–4–15; 8:45 am] addresses the progress report and FOR FURTHER INFORMATION CONTACT:
BILLING CODE 6560–50–P adequacy determination requirements Asrah Khadr, (215) 814–2071, or by
for the first implementation period for email at khadr.asrah@epa.gov.
regional haze. SUPPLEMENTARY INFORMATION:
ENVIRONMENTAL PROTECTION
AGENCY DATES: This final rule is effective on JulyI. Background
6, 2015. On March 14, 2014 (79 FR 14460),
40 CFR Part 52 EPA published a notice of proposed
ADDRESSES: EPA has established a
[EPA–R03–OAR–2013–0423; FRL–9928–78– docket for this action under Docket ID rulemaking (NPR) for West Virginia. In
Region 3] Number EPA–R03–OAR–2013–0423. All the NPR, EPA proposed approval of
documents in the docket are listed in West Virginia’s progress report SIP, a
Approval and Promulgation of report on progress made in the first
Implementation Plans; West Virginia; the www.regulations.gov Web site.
Regional Haze Five-Year Progress Although listed in the electronic docket, implementation period towards RPGs
for Class I areas in and outside West
Report State Implementation Plan some information is not publicly
Virginia that are affected by emissions
available, i.e., confidential business
AGENCY: Environmental Protection from West Virginia’s sources. This
information (CBI) or other information
Agency (EPA). progress report SIP and accompanying
whose disclosure is restricted by statute. cover letter also included a
ACTION: Final rule. Certain other material, such as determination that West Virginia’s
SUMMARY: The Environmental Protection copyrighted material, is not placed on existing regional haze SIP requires no
Agency (EPA) is approving a State the Internet and will be publicly substantive revision to achieve the
Implementation Plan (SIP) revision available only in hard copy form. established regional haze visibility
submitted by the State of West Virginia Publicly available docket materials are improvement and emissions reduction
(West Virginia) through the West available either electronically through goals for 2018. On March 10, 2015 (80
Virginia Department of Environmental www.regulations.gov or in hard copy for FR 12607), EPA published a
Protection (WVDEP). West Virginia’s public inspection during normal supplemental NPR (SNPR) to address
SIP revision addresses requirements of business hours at the Air Protection the potential effects on EPA’s proposed
the Clean Air Act (CAA) and EPA’s Division, U.S. Environmental Protection approval from the April 29, 2014
rules that require states to submit Agency, Region III, 1650 Arch Street, decision of the United States Supreme
periodic reports describing progress Philadelphia, Pennsylvania 19103. Court in EPA v. EME Homer City
mstockstill on DSK4VPTVN1PROD with RULES
towards reasonable progress goals Copies of West Virginia’s submittal are Generation, L.P., 134 S. Ct. 1584 (2014),
(RPGs) established for regional haze and available at the West Virginia remanding to the United States Court of
a determination of the adequacy of the Department of Environmental Appeals for the District of Columbia
state’s existing implementation plan Protection, Division of Air Quality, 601 Circuit (D.C. Circuit) EPA’s Cross-State
addressing regional haze (regional haze 57th Street SE., Charleston, West Air Pollution Rule (CSAPR) for further
SIP). EPA is approving West Virginia’s Virginia 25304. proceedings and the D.C. Circuit’s
SIP revision on the basis that it decision to lift the stay of CSAPR.
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Document Created: 2015-12-15 15:21:00
Document Modified: 2015-12-15 15:21:00
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective July 6, 2015. | |
| Contact | Ms. Lachala Kemp, Air Planning and Development Branch, U.S. Environmental Protection Agency, Region 7, 11201 Renner Boulevard, Lenexa, KS 66219; telephone number: (913) 551- | |
| FR Citation | 80 FR 32017 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Sulfur Dioxide and Reporting and Recordkeeping Requirements |
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