80 FR 50789 - Approval and Promulgation of Air Quality Implementation Plans; State of Kansas; Cross-State Air Pollution Rule
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 162 (August 21, 2015)
Federal Register Volume 80, Issue 162 (August 21, 2015)
| Page Range | 50789-50794 | |
| FR Document | 2015-20629 |
[Federal Register Volume 80, Number 162 (Friday, August 21, 2015)] [Rules and Regulations] [Pages 50789-50794] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-20629] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2015-0564; FRL-9932-83-Region 7] Approval and Promulgation of Air Quality Implementation Plans; State of Kansas; Cross-State Air Pollution Rule AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the State Implementation Plan (SIP) submitted by the State of Kansas in a letter dated March 30, 2015. This SIP revision provides Kansas' state-determined allowance allocations for existing electric generating units (EGUs) in the State for the 2016 control periods and replaces certain allowance allocations for the 2016 control periods established by EPA under the Cross-State Air Pollution Rule (CSAPR). The CSAPR addresses the ``good neighbor'' provision of the Clean Air Act (CAA or Act) that requires states to reduce the transport of pollution that significantly affects downwind air quality. In this final action EPA is approving Kansas' SIP revision, incorporating the state-determined allocations for the 2016 control periods into the SIP, and amending the regulatory text of the CSAPR Federal Implementation Plan (FIP) to reflect this approval and inclusion of the state-determined allocations. EPA is taking direct final action to approve Kansas' SIP revision because it meets the requirements of the CAA and the CSAPR requirements to replace EPA's allowance allocations for the 2016 control periods. This action is being taken pursuant to the CAA and its implementing regulations. EPA's allocations of CSAPR trading program allowances for Kansas for control periods in 2017 and beyond remain in place until the State submits and EPA approves state-determined allowance allocations for those control periods through another SIP revision. The CSAPR FIPs for Kansas remain in place until such time as the State decides to replace the FIPs with a SIP revision. DATES: This direct final rule will be effective September 30, 2015, without further notice, unless EPA receives adverse comment by September 21, 2015. If EPA receives adverse comment, we 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 No. EPA-R07- OAR-2015-0564, by one of the following methods: 1. www.regulations.gov. Follow the on-line instructions for submitting comments. 2. Email: [email protected]. 3. Mail or Hand Delivery: Lachala Kemp, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219. Instructions: Direct your comments to Docket ID No. EPA-R07-OAR- 2015-0564. 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 [[Page 50790]] 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. 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 http://www2.epa.gov/dockets/commenting-epa-dockets. The www.regulations.gov Web site is an ``anonymous access'' system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the docket are listed in the 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 form. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219. The Regional Office's official hours of business are Monday through Friday, 8:00 to 4:30 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: Lachala Kemp, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at 913-551-7214 or by email at [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or ``our'' refer to EPA. This section provides additional information by addressing the following: I. What is being addressed in this document? II. 2016 CSAPR SIPs III. What is EPA's analysis of Kansas' submission? IV. Final Action I. What is being addressed in this document? EPA is taking direct final action to approve revisions to the SIP submitted by the State of Kansas in a letter dated March 30, 2015, that modifies the allocations of annual NOX allowances established by EPA under the CSAPR FIPs for existing EGUs for the 2016 control periods.\1\ The CSAPR allows a subject state, instead of EPA, to allocate allowances under the SO2 annual, NOX annual, and NOX ozone season trading programs to existing EGUs in the State for the 2016 control periods provided that the state meets certain regulatory requirements.\2\ EPA issued the CSAPR on August 8, 2011, to address CAA section 110(a)(2)(D)(i)(I) requirements concerning the interstate transport of air pollution and to replace the Clean Air Interstate Rule \3\ (CAIR), which the United States Court of Appeals for the District of Columbia Circuit (DC Circuit) remanded to EPA for replacement.\4\ EPA found that emissions of SO2 and NOX in 28 eastern, midwestern, and southern states \5\ contribute significantly to nonattainment or interfere with maintenance in one or more downwind states with respect to one or more of three air quality standards--the annual PM2.5 NAAQS promulgated in 1997 \6\ (15 micrograms per cubic meter ([micro]g/m\3\)), the 24-hour PM2.5 NAAQS promulgated in 2006 \7\ (35 [micro]g/m\3\), and the 8-hour ozone NAAQS promulgated in 1997 \8\ (0.08 parts per million). The CSAPR identified emission reduction responsibilities of upwind states, and also promulgated enforceable FIPs to achieve the required emission reductions in each of these states through cost effective and flexible requirements for power plants. --------------------------------------------------------------------------- \1\ Federal Implementation Plans: Interstate Transport of Fine Particulate Matter and Ozone and Correction of SIP Approvals; August 8, 2011 (76 FR 48208). \2\ The CSAPR is implemented in two Phases (I and II) with Phase I referring to 2015 and 2016 control periods, and Phase II consisting of 2017 and beyond control periods. \3\ Rule To Reduce Interstate Transport of Fine Particulate Matter and Ozone (Clean Air Interstate Rule); Revisions to Acid Rain Program; Revisions to the NOX SIP Call; May 12, 2005 (70 FR 25162). \4\ North Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 2008), modified on reh'g, 550 F.3d 1176 (D.C. Cir. 2008). \5\ The CSAPR obligations related to ozone-season NOX emissions for five states were established in a separate rule referred to as the Supplemental Rule. Federal Implementation Plans for Iowa, Michigan, Missouri, Oklahoma, and Wisconsin and Determination for Kansas Regarding Interstate Transport of Ozone; December 27, 2011 (76 FR 80760). \6\ National Ambient Air Quality Standards for Particulate Matter; July 18, 1997 (62 FR 36852). \7\ National Ambient Air Quality Standards for Particulate Matter; October 17, 2006 (71 FR 61144). \8\ National Ambient Air Quality Standards for Ozone; July 18, 1997 (62 FR 38856). --------------------------------------------------------------------------- Kansas is subject to the FIPs that implement the CSAPR and require certain EGUs to participate in the EPA-administered Federal SO2 annual and NOX annual cap-and trade programs.\9\ Kansas' March 30, 2015, SIP revision allocates allowances under the CSAPR to existing EGUs in the State for the 2016 control periods only. Kansas' SIP revision includes state-determined allocations for the CSAPR NOX annual trading program, and complies with the 2016 NOX allowance allocation SIP requirements set forth at 40 CFR 52.38. Pursuant to these regulations, a state may replace EPA's CSAPR NOX allowance allocations for existing EGUs for the 2016 control periods provided that the state submits a timely SIP revision containing those allocations to EPA that meets the requirements in 40 CFR 52.38. --------------------------------------------------------------------------- \9\ On July 28, 2015, the DC Circuit, issued an opinion upholding CSAPR, but remanding without vacatur certain state emissions budgets to EPA for reconsideration. EME Homer City Generation, L.P. v. EPA, No. 11-1302, slip op. CSAPR implementation at this time remains unaffected by the court decision, and EPA will address the remanded emissions budgets in a separate rulemaking. Moreover, Kansas's emissions budgets were not among those remanded to EPA for reconsideration. --------------------------------------------------------------------------- Through this action, EPA is approving Kansas' March 30, 2015, SIP revision, incorporating the allocations into the SIP, and amending the CSAPR FIP's regulatory text for Kansas at 40 CFR 52.882 to reflect this approval and inclusion of the state-determined allowance allocation for the 2016 control periods. EPA's allocations of CSAPR trading program allowances for Kansas for control periods in 2017 and beyond remain in place until the State submits and EPA approves state-determined allocations for those control periods through another SIP revision. EPA is not making any other changes to the CSAPR FIPs for Kansas in this action. The CSAPR FIPs for Kansas remain in place until such time the [[Page 50791]] State decides to replace the FIPs with a SIP revision. EPA is taking direct final action to approve Kansas' March 30, 2015, SIP submission because it complies with the CAA and the CSAPR regulations. Below is a summary of the provisions allowing a state to submit SIP revisions to EPA to modify the 2016 allowance allocations. For more detailed information on the CSAPR, refer to the August 8, 2011, preamble and other subsequent related rulemakings referenced throughout this rulemaking. II. 2016 CSAPR SIPs The CSAPR allows states to determine allowance allocations for 2016 control periods through submittal of a complete SIP revision that is narrower in scope than an abbreviated or full SIP submission that states may use to replace the FIPs and/or to determine allocations for control periods in 2017 and beyond. Pursuant to the CSAPR, a state may adopt and include in a SIP revision for the 2016 control period a list of units and the amount of allowances allocated to each unit on the list, provided the list of units and the allocations meet specific requirements set forth in 40 CFR 52.38(a)(3) and (b)(3) for NOX and 52.39(d) and (g) for SO2 . If these requirements are met, the Administrator will approve the SIP allowance allocation provisions as replacing the comparable provisions in 40 CFR part 97 for the State. SIP revisions under this expedited process may only allocate the amount of each state budget minus the new unit set- aside and the Indian country new unit set-aside. For states subject to multiple trading programs, options are available to submit 2016 state- determined allocations for one or more of the applicable trading programs while leaving unchanged the EPA-determined allocations for 2016 in the remaining applicable trading programs.\10\ --------------------------------------------------------------------------- \10\ States can also submit SIP revisions to replace EPA- determined, existing-unit allocations with state-determined allocations for control periods after 2016 via a separate process described at 40 CFR 52.38(a)(4), (a)(5), (b)(4), and (b)(5) and 52.39(e), (f), (h), and (i). --------------------------------------------------------------------------- In developing this procedure, EPA set deadlines for submitting the SIP revisions for 2016 allocations and for recordation of the allocations that balanced the need to record allowances sufficiently ahead of the control periods with the desire to allow state flexibility for 2016 control periods. These deadlines allow sufficient time for EPA to review and approve these SIP revisions, taking into account that EPA approval must be final and effective before the 2016 allocations can be recorded and the allowances are available for trading. The CSAPR, as revised, set a deadline of October 17, 2011, or March 6, 2015, (in the case of allocations of ozone season allowances for states covered by the Supplemental Rule) for states to notify EPA of their intent to submit these SIP revisions.\11\ See 40 CFR 52.38 and 52.39. --------------------------------------------------------------------------- \11\ For the five states (Iowa, Michigan, Missouri, Oklahoma, and Wisconsin) covered in the Supplemental Rule in the case of ozone season NOX , March 6, 2012, was originally the date by which notifications of intentions to submit state allocations were due to the Administrator, but the date was later delayed to March 6, 2015. See 76 FR 80760 and 79 FR 71671. --------------------------------------------------------------------------- Twelve states, including Kansas, notified EPA by the applicable deadlines of their intentions to submit SIP revisions affecting 2016 allocations.\12\ Pursuant to EPA's December 3, 2014, Interim Final Rule,\13\ the deadlines to submit these SIPs were delayed by three years, making the deadline for these twelve states to submit a 2016 allocation SIP revision April 1, 2015, or October 1, 2015 (in the case of allocations of ozone season NOX allowances for states covered by the Supplemental Rule). Each state may submit a SIP to allocate allowances for the 2016 control periods provided it meets the following requirements pursuant to 40 CFR 52.38 and 52.39: --------------------------------------------------------------------------- \12\ The docket for this action contains Kansas' October 14, 2011 letter notifying EPA of its intention to submit a SIP revision. \13\ Rulemaking to Amend Dates in Federal Implementation Plans Addressing Interstate Transport of Ozone and Fine Particulate Matter; December 3, 2014 (79 FR 71663). ---------------------------------------------------------------------------Notify the EPA Administrator by October 17, 2011 or March 6, 2015, (in the case of allocations of ozone season NO X allowances for states covered by the Supplemental Rule) of intent to submit state allocations for the 2016 control periods in a format specified by the Administrator. See 40 CFR 52.38(a)(3)(v)(A), 52.38(b)(3)(v)(A), 52.39(d)(5)(i), and 52.39(g)(5)(i).Submit to EPA the SIP revision modifying allowance allocations for the 2016 control periods no later than April 1, 2015, or October 1, 2015 (in the case of allocations of ozone season NO X allowances for states covered by the Supplemental Rule). See 40 CFR 52.38(a)(3)(v)(B), 52.38(b)(3)(v)(B), 52.39(d)(5)(ii), and 52.39(g)(5)(ii).Provide 2016 state-determined allocations only for units within the State that commenced commercial operation before January 1, 2010. See 40 CFR 52.38(a)(3)(i), 52.38(b)(3)(i), 52.39(d)(1), and 52.39(g)(1). Ensure that the sum of the state-determined allocations is equal to or less than the amount of the total state budget for 2016 minus the sum of the new unit set-aside and the Indian country new unit set-aside. See 40 CFR 52.38(a)(3)(ii), 52.38(b)(3)(ii), 52.39(d)(2), and 52.39(g)(2). Submit the list of units and the 2016 state-determined allowance allocations as a SIP revision electronically to EPA in the format specified by the Administrator. See 40 CFR 52.38(a)(3)(iii), 52.38(b)(3)(iii), 52.39(d)(3), and 52.39(g)(3). Confirm that the SIP revision does not provide for any changes to the listed units or allocations after approval of the SIP revision by EPA and does not provide for any change to any allocation determined and recorded by the Administrator under subpart AAAAA, BBBBB, CCCCC, or DDDDD of 40 CFR part 97. See 40 CFR 52.38(a)(3)(iv), 52.38(b)(3)(iv), 52.39(d)(4), and 52.39(g)(4). Additionally, these limited SIP revisions for the 2016 state- determined allocations are required to comply with SIP completeness elements set forth in 40 CFR part 51, appendix V (i.e., conduct adequate public notice of the submission, provide evidence of legal authority to adopt SIP revisions, and ensure that the SIP is submitted to EPA by the State's Governor or his/her designee). If a state submits to EPA a 2016 CSAPR SIP revision meeting all the above-described requirements, including compliance with the applicable notification and submission deadlines, and EPA approves the SIP submission by October 1, 2015 (or April 1, 2016, in the case of allocations of ozone season NO X allowances for states covered by the Supplemental Rule), EPA will record state-determined allocations for 2016 by October 1, 2015, (or April 1, 2016) into the Allowance Management System (AMS). Kansas' March 30, 2015 SIP submission addresses the aforementioned requirements allowing a state to allocate 2016 CSAPR allowances for the annual NOX trading program. EPA's analysis of Kansas's SIP submission is explained below. III. What is EPA's analysis of Kansas' SIP submission? On March 30, 2015, Kansas submitted a SIP revision intended to replace the CSAPR FIP allocations of the CSAPR NOX annual allowances for the 2016 control periods. For approval, this SIP revision must meet the applicable requirements found in 40 CFR 52.38(a)(3) described in section II of this document. The following is a list of criteria under 40 CFR 52.38(a)(3) and (b)(3) and 52.39(d) and (g), described above in this document, and the results [[Page 50792]] of EPA's analysis of Kansas' SIP revision: A. Notification from a State to EPA must be received by October 17, 2011, or March 6, 2015, in the case of ozone season NOX SIP revisions for states covered by the December 27, 2011 Supplemental Rule (76 FR 80760), of its intent to submit a complete SIP revision for 2016 existing unit allocations (40 CFR 52.38(a)(3)(v)(A), 52.38(b)(3)(v)(A), 52.39(d)(5)(i), and 52.39(g)(5)(i)). On October 14, 2011, Kansas notified EPA via a letter of the State's intent to submit complete SIP revisions for allocating TR NOX Annual allowances \14\ to existing units (i.e., units that commenced commercial operation before January 1, 2010) for the second implementation year of the CSAPR trading programs.\15\ --------------------------------------------------------------------------- \14\ The abbreviation ``TR'' in certain legal terms used in the CSAPR trading programs, including the legal terms for the trading program allowances, stands for ``Transport Rule,'' an earlier name for the CSAPR. \15\ The October 14, 2011 letter submitted to EPA by Kansas also indicates that the State intended to submit a SIP revision for allocating TR NOX Ozone Season allowances (if EPA's proposal to include Kansas in that program was finalized) and TR SO2 Group 2 allowances. After that letter was submitted EPA did not finalize the proposal to include Kansas in the TR NOX Ozone Season Trading Program and the State decided not to submit a SIP revision for the TR SO2 Group 2 allocations for the 2016 control period. --------------------------------------------------------------------------- B. A complete SIP revision must be submitted to EPA no later than April 1, 2015, or October 1, 2015, in the case of ozone season NOX SIP revisions for states covered by the December 27, 2011 Supplemental Rule (76 FR 80760) (40 CFR 52.38(a)(3)(v)(B), 52.38(b)(3)(v)(B), 52.39(d)(5)(ii), and 52.39(g)(5)(ii)). EPA has reviewed the March 30, 2015 submittal from Kansas and found it to be complete. This submittal satisfies the applicable elements of SIP completeness set forth in appendix V to 40 CFR part 51. C. The SIP revision should include a list of TR NOX Annual, TR NOX Ozone Season, TR SO2 Group 1 or Group 2 units, whichever is applicable, that are in the State and commenced commercial operation before January 1, 2010 (40 CFR 52.38(a)(3)(i), 52.38(b)(3)(i), 52.39(d)(1), and 52.39(g)(1)). As part of Kansas' SIP revision, the State submitted a list of units to be allocated TR NOX Annual allowances for the 2016 control period. The list identifies the same units as were identified in the notice of data availability (NODA) published by EPA on December 3, 2014 (79 FR 71674). Hence, EPA has determined that each unit on the list submitted by Kansas as part of the SIP revision is located in the State of Kansas and had commenced commercial operation before January 1, 2010. D. The total amount of TR NOX Annual, TR NOX Ozone Season, or TR SO2 Group 1 or Group 2 allowance allocations, whichever is applicable, must not exceed the amount, under 40 CFR 97.410(a), 97.510(a), 97.610(a), or 97.710(a), whichever is applicable, for the State and the control periods in 2016, of the TR NOX Annual, TR NOX Ozone Season, TR SO2 Group 1 or Group 2 trading budget minus the sum of the new unit set-aside and Indian country new unit set-aside (40 CFR 52.38(a)(3)(ii), 52.38(b)(3)(ii), 52.39(d)(2), and 52.39(g)(2)). As amended, the CSAPR established the NOX Annual budget, new unit set-aside, and Indian country new unit set-aside for Kansas for the 2016 control period as 31,354 tons, 596 tons, and 31 tons, respectively. Kansas' SIP revision, for approval in this action, does not affect this budget, which is a total amount of allowances available for allocation for the 2016 control period under the EPA-administered cap-and-trade program under the CSAPR FIPs. In short, the abbreviated SIP revision only affects allocations of allowances under the established state budget. The Kansas SIP revision allocating TR NOX Annual allowances for the 2016 control period does not establish allocations exceeding the amount of the budget under Sec. 97.410(a) minus the sum of the new unit set-aside and the Indian County new unit set aside (31,354 tons-(596 tons + 31 tons) = 30,727 tons). The Kansas SIP revision allocates 30,727 TR NOX Annual allowances to existing units in the State. E. The list should be submitted electronically in the format specified by the EPA (40 CFR 52.38(a)(3)(iii), 52.38(b)(3)(iii), 52.39(d)(3), and 52.39(g)(3)). On March 30, 2015, EPA received an email submittal from Kansas in the EPA-approved format. F. The SIP revision should not provide for any changes to the listed units or allocations after approval of the SIP revision and should not provide for any change to any allocation determined and recorded by the Administrator under subpart AAAAA, BBBBB, CCCCC, or DDDDD of 40 CFR part 97 (40 CFR 52.38(a)(3)(iv), 52.38(b)(3)(iv), 52.39(d)(4), and 52.39(g)(4)). The Kansas SIP revision does not provide for any changes to the listed units or allocations after approval of the SIP revision and does not provide for any change to any allocation determined and recorded by the Administrator under subpart AAAAA, BBBBB, CCCCC, or DDDDD of 40 CFR part 97. For the reasons discussed above, Kansas' SIP revision complies with the 2016 allowance allocation SIP requirements established in the CSAPR FIPs as codified at 40 CFR 52.38. Through this action, EPA is approving Kansas' March 30, 2015, SIP revision, incorporating the allocations into the SIP, and amending the CSAPR FIPs' regulatory text for Kansas at 40 CFR 52.882 to reflect this approval and inclusion of the state- determined allowance allocations for the 2016 control periods. EPA is not making any other changes to the CSAPR FIPs for Kansas in this action. EPA is taking final action to approve Kansas' March 30, 2015 SIP revision because it is in accordance with the CAA and its implementing regulations. IV. Final Action EPA is taking final action to approve Kansas' March 30, 2015, CSAPR SIP revisions that provide Kansas' state-determined allowance allocations for existing EGUs in the State for the 2016 control periods to replace certain allowance allocations for the 2016 control periods established by EPA under the CSAPR. Consistent with the flexibility given to states in the CSAPR FIPs at 40 CFR 52.38, Kansas' SIP revision allocates allowances to existing EGUs in the State under the CSAPR's NOX annual trading program. Kansas' SIP revision meets the applicable requirements in 40 CFR 52.38 for NOX annual allowance allocations for the 2016 control periods. EPA is approving Kansas' SIP revision because it is in accordance with the CAA and its implementing regulations. EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. However, in the proposed rules section of this Federal Register publication, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision should adverse comments be filed. This rule will be effective September 30, 2015 without further notice unless the Agency receives adverse comments by September 21, 2015. If EPA receives such comments, then EPA will publish a document withdrawing the final rule and informing the public that the rule will not take effect. All public comments received will then be addressed in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period. Parties interested in commenting should do so [[Page 50793]] at this time. If no such comments are received, the public is advised that this rule will be effective on September 30, 2015 and no further action will be taken on the proposed rule. 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 October 20, 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 CAA section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides. Dated: August 12, 2015. Mark Hague, Acting Regional Administrator, Region 7. For the reasons stated in the preamble, EPA amends 40 CFR part 52 as set forth below: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart R--Kansas 0 2. In Sec. 52.870(e), the table is amended by adding a new entry (40) at the end of the table to read as follows: Sec. 52.870 Identification of plan. * * * * * (e) * * * EPA-Approved Kansas Nonregulatory Provisions ---------------------------------------------------------------------------------------------------------------- Applicable State Name of nonregulatory SIP geographic or submittal EPA Approval date Explanation provision nonattainment area date ---------------------------------------------------------------------------------------------------------------- * * * * * * * (40) Cross State Air Pollution Statewide.......... 3/30/15 8/21/2015 [Insert Rule--State-Determined Allowance Federal Register Allocations for the 2016 control citation]. periods. ---------------------------------------------------------------------------------------------------------------- 0 3. Section 52.882 is amended by adding paragraph (a)(3) to read as follows: Sec. 52.882 Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of nitrogen oxides? (a) * * * (3) Pursuant to Sec. 52.38(a)(3), Kansas' state-determined TR NO X Annual allowance allocations established in the March 30, 2015, SIP revision replace the unit-level TR NOX Annual allowance allocation provisions of the TR NOX Annual Trading Program at 40 CFR 97.411(a) for the State for the 2016 control period with a list of TR NOX [[Page 50794]] Annual units that commenced operation prior to January 1, 2010, in the State and the state-determined amount of TR NOX Annual allowances allocated to each unit on such list for the 2016 control period, as approved by EPA on August 21, 2015, [Insert Federal Register citation]. * * * * * [FR Doc. 2015-20629 Filed 8-20-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Rules and Regulations 50789
of the United States. EPA will submit a objections to this direct final rule are Dated: August 7, 2015.
report containing this action and other encouraged to file a comment in William C. Early,
required information to the U.S. Senate, response to the parallel notice of Acting Regional Administrator, Region III.
the U.S. House of Representatives, and proposed rulemaking for this action
the Comptroller General of the United published in the proposed rules section 40 CFR part 52 is amended as follows:
States prior to publication of the rule in of today’s Federal Register, rather than
the Federal Register. A major rule PART 52—APPROVAL AND
file an immediate petition for judicial
cannot take effect until 60 days after it PROMULGATION OF
review of this direct final rule, so that IMPLEMENTATION PLANS
is published in the Federal Register. EPA can withdraw this direct final rule
This action is not a ‘‘major rule’’ as and address the comment in the
defined by 5 U.S.C. 804(2). ■ 1. The authority citation for part 52
proposed rulemaking action. This continues to read as follows:
C. Petitions for Judicial Review rulemaking action, addressing the
interstate pollution transport Authority: 42 U.S.C. 7401 et seq.
Under section 307(b)(1) of the CAA,
requirements for the District of Subpart J—District of Columbia
petitions for judicial review of this
Columbia with respect to the 2006 24-
action must be filed in the United States
Court of Appeals for the appropriate hour PM2.5 NAAQS, may not be ■ 2. In § 52.470, the table in paragraph
circuit by October 20, 2015. Filing a challenged later in proceedings to (e) is amended by adding an entry for
petition for reconsideration by the enforce its requirements. (See section ‘‘Section 110(a)(2) Infrastructure
Administrator of this final rule does not 307(b)(2).) Requirements for the 2006 PM2.5
affect the finality of this action for the List of Subjects in 40 CFR Part 52 NAAQS’’ to the end of the table to read
purposes of judicial review nor does it as follows:
extend the time within which a petition Environmental protection, Air
for judicial review may be filed, and pollution control, Incorporation by § 52.470 Identification of plan.
shall not postpone the effectiveness of reference, Intergovernmental relations, * * * * *
such rule or action. Parties with Particulate matter. (e) * * *
Name of non-regulatory SIP State submittal
Applicable geographic area EPA approval date Additional explanation
revision date
* * * * * * *
Section 110(a)(2) Infrastruc- District of Columbia ............... 07/16/15 8/21/2015 [Insert Federal This action addresses the fol-
ture Requirements for the Register citation]. lowing CAA elements, or
2006 PM2.5 NAAQS. portions thereof:
110(a)(2)(D)(i)(I).
[FR Doc. 2015–20527 Filed 8–20–15; 8:45 am] Pollution Rule (CSAPR). The CSAPR until such time as the State decides to
BILLING CODE 6560–50–P addresses the ‘‘good neighbor’’ replace the FIPs with a SIP revision.
provision of the Clean Air Act (CAA or DATES: This direct final rule will be
Act) that requires states to reduce the effective September 30, 2015, without
ENVIRONMENTAL PROTECTION transport of pollution that significantly further notice, unless EPA receives
AGENCY affects downwind air quality. In this adverse comment by September 21,
final action EPA is approving Kansas’ 2015. If EPA receives adverse comment,
40 CFR Part 52
SIP revision, incorporating the state- we will publish a timely withdrawal of
[EPA–R07–OAR–2015–0564; FRL–9932–83– determined allocations for the 2016 the direct final rule in the Federal
Region 7] control periods into the SIP, and Register informing the public that the
amending the regulatory text of the rule will not take effect.
Approval and Promulgation of Air
CSAPR Federal Implementation Plan ADDRESSES: Submit your comments,
Quality Implementation Plans; State of
(FIP) to reflect this approval and identified by Docket ID No. EPA–R07–
Kansas; Cross-State Air Pollution Rule
inclusion of the state-determined OAR–2015–0564, by one of the
AGENCY: Environmental Protection allocations. EPA is taking direct final following methods:
Agency (EPA). action to approve Kansas’ SIP revision 1. www.regulations.gov. Follow the
ACTION: Direct final rule. because it meets the requirements of the on-line instructions for submitting
CAA and the CSAPR requirements to comments.
SUMMARY: The Environmental Protection replace EPA’s allowance allocations for 2. Email: Kemp.lachala@epa.gov.
Agency (EPA) is taking direct final the 2016 control periods. This action is 3. Mail or Hand Delivery: Lachala
action to approve revisions to the State being taken pursuant to the CAA and its Kemp, Environmental Protection
Implementation Plan (SIP) submitted by Agency, Air Planning and Development
implementing regulations. EPA’s
the State of Kansas in a letter dated Branch, 11201 Renner Boulevard,
allocations of CSAPR trading program
March 30, 2015. This SIP revision Lenexa, Kansas 66219.
allowances for Kansas for control
provides Kansas’ state-determined Instructions: Direct your comments to
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allowance allocations for existing periods in 2017 and beyond remain in Docket ID No. EPA–R07–OAR–2015–
electric generating units (EGUs) in the place until the State submits and EPA 0564. EPA may publish any comment
State for the 2016 control periods and approves state-determined allowance received to its public docket. Do not
replaces certain allowance allocations allocations for those control periods submit electronically any information
for the 2016 control periods established through another SIP revision. The you consider to be Confidential
by EPA under the Cross-State Air CSAPR FIPs for Kansas remain in place Business Information (CBI) or other
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![Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Rules and Regulations 50793
at this time. If no such comments are • Is not a significant regulatory action Under section 307(b)(1) of the CAA,
received, the public is advised that this subject to Executive Order 13211 (66 FR petitions for judicial review of this
rule will be effective on September 30, 28355, May 22, 2001); action must be filed in the United States
2015 and no further action will be taken • Is not subject to requirements of Court of Appeals for the appropriate
on the proposed rule. Section 12(d) of the National circuit by October 20, 2015. Filing a
Statutory and Executive Order Reviews Technology Transfer and Advancement petition for reconsideration by the
Act of 1995 (15 U.S.C. 272 note) because Administrator of this final rule does not
Under the CAA, the Administrator is application of those requirements would affect the finality of this action for the
required to approve a SIP submission be inconsistent with the Clean Air Act; purposes of judicial review nor does it
that complies with the provisions of the and extend the time within which a petition
Act and applicable Federal regulations. • Does not provide EPA with the for judicial review may be filed, and
42 U.S.C. 7410(k); 40 CFR 52.02(a). discretionary authority to address, as shall not postpone the effectiveness of
Thus, in reviewing SIP submissions, appropriate, disproportionate human such rule or action. This action may not
EPA’s role is to approve state choices, health or environmental effects, using be challenged later in proceedings to
provided that they meet the criteria of practicable and legally permissible enforce its requirements. (See CAA
the CAA. Accordingly, this action methods, under Executive Order 12898 section 307(b)(2).)
merely approves state law as meeting (59 FR 7629, February 16, 1994).
Federal requirements and does not List of Subjects in 40 CFR Part 52
The SIP is not approved to apply on
impose additional requirements beyond Environmental protection, Air
any Indian reservation land or in any
those imposed by state law. For that pollution control, Incorporation by
other area where EPA or an Indian tribe
reason, this action: reference, Intergovernmental relations,
has demonstrated that a tribe has
• Is not a significant regulatory action Nitrogen dioxide, Ozone, Particulate
jurisdiction. In those areas of Indian
subject to review by the Office of matter, Reporting and recordkeeping
country, the rule does not have tribal
Management and Budget under requirements, Sulfur oxides.
implications and will not impose
Executive Orders 12866 (58 FR 51735,
substantial direct costs on tribal Dated: August 12, 2015.
October 4, 1993) and 13563 (76 FR 3821,
governments or preempt tribal law as Mark Hague,
January 21, 2011);
• Does not impose an information specified by Executive Order 13175 (65 Acting Regional Administrator, Region 7.
collection burden under the provisions FR 67249, November 9, 2000).
The Congressional Review Act, 5 For the reasons stated in the
of the Paperwork Reduction Act (44 preamble, EPA amends 40 CFR part 52
U.S.C. 3501 et seq.); U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement as set forth below:
• Is certified as not having a
significant economic impact on a Fairness Act of 1996, generally provides PART 52—APPROVAL AND
substantial number of small entities that before a rule may take effect, the PROMULGATION OF
under the Regulatory Flexibility Act (5 agency promulgating the rule must IMPLEMENTATION PLANS
U.S.C. 601 et seq.); submit a rule report, which includes a
• Does not contain any unfunded copy of the rule, to each House of the ■ 1. The authority citation for part 52
mandate or significantly or uniquely Congress and to the Comptroller General continues to read as follows:
affect small governments, as described of the United States. EPA will submit a
Authority: 42 U.S.C. 7401 et seq.
in the Unfunded Mandates Reform Act report containing this action and other
of 1995 (Pub. L. 104–4); required information to the U.S. Senate, Subpart R—Kansas
• Does not have Federalism the U.S. House of Representatives, and
implications as specified in Executive the Comptroller General of the United ■ 2. In § 52.870(e), the table is amended
Order 13132 (64 FR 43255, August 10, States prior to publication of the rule in by adding a new entry (40) at the end
1999); the Federal Register. A major rule of the table to read as follows:
• Is not an economically significant cannot take effect until 60 days after it
regulatory action based on health or is published in the Federal Register. § 52.870 Identification of plan.
safety risks subject to Executive Order This action is not a ‘‘major rule’’ as * * * * *
13045 (62 FR 19885, April 23, 1997); defined by 5 U.S.C. 804(2). (e) * * *
EPA-APPROVED KANSAS NONREGULATORY PROVISIONS
Applicable State EPA Approval
Name of nonregulatory SIP provision geographic or submittal Explanation
date
nonattainment area date
* * * * * * *
(40) Cross State Air Pollution Rule—State-Deter- Statewide ..................... 3/30/15 8/21/2015 [Insert Fed-
mined Allowance Allocations for the 2016 con- eral Register cita-
trol periods. tion].
3. Section 52.882 is amended by § 52.882 Interstate pollutant transport allowance allocations established in the
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■
adding paragraph (a)(3) to read as provisions; What are the FIP requirements March 30, 2015, SIP revision replace the
follows: for decreases in emissions of nitrogen unit-level TR NOX Annual allowance
oxides?
allocation provisions of the TR NOX
(a) * * * Annual Trading Program at 40 CFR
(3) Pursuant to § 52.38(a)(3), Kansas’ 97.411(a) for the State for the 2016
state-determined TR NOX Annual control period with a list of TR NOX
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![50794 Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Rules and Regulations
Annual units that commenced operation Seattle, Washington 98101. The EPA B. What decisions have we made in this
prior to January 1, 2010, in the State and Region 10 Library is open from 9:00 a.m. final rule concerning authorization?
the state-determined amount of TR NOX to noon, and 1:00 to 4:00 p.m. pst
Annual allowances allocated to each The EPA has made a final
Monday through Friday, excluding legal
unit on such list for the 2016 control determination that Idaho’s revisions to
holidays. The EPA Region 10 Library
period, as approved by EPA on August its authorized hazardous waste
telephone number is (206) 553–1289.
21, 2015, [Insert Federal Register management program meet all the
citation]. FOR FURTHER INFORMATION CONTACT: statutory and regulatory requirements
Barbara McCullough, U.S. EPA, Region established by RCRA for authorization.
* * * * * Therefore, the EPA is authorizing the
[FR Doc. 2015–20629 Filed 8–20–15; 8:45 am]
10, 1200 Sixth Avenue, Suite 900, Mail
Stop: AWT–150, Seattle, Washington revised State of Idaho hazardous waste
BILLING CODE 6560–50–P
98101, email: mccullough.barbara@ management program for all delegable
epa.gov, phone number (206) 553–2416. Federal hazardous waste regulations
ENVIRONMENTAL PROTECTION codified by Idaho as of July 1, 2013, as
SUPPLEMENTARY INFORMATION:
AGENCY described in the Attorney General’s
A. Why are revisions to state programs Statement in the February 2015 program
40 CFR Part 271 necessary? revision application, and as discussed
in Section E of this rule. Idaho’s
[EPA–R10–RCRA–2015–0307; FRL–9932– States which have received final
87–Region 10]
authorized program will be responsible
authorization from the EPA under RCRA for carrying out the aspects of the RCRA
Idaho: Final Authorization of State section 3006(b), 42 U.S.C. 6926(b), must program described in its program
Hazardous Waste Management maintain a hazardous waste program revision application subject to the
Program; Revision that is equivalent to, consistent with, limitations of RCRA, including the
and no less stringent than the Federal Hazardous and Solid Waste
AGENCY: Environmental Protection program. As the Federal program Amendments (HSWA) 42 U.S.C. 6924,
Agency (EPA). changes, states must change their et seq. (1984). New Federal
ACTION: Final rule. programs and ask the EPA to authorize requirements and prohibitions imposed
their changes. Changes to state programs by Federal regulations that the EPA
SUMMARY: Idaho applied to the
may be necessary when Federal or state promulgates under the authority of
Environmental Protection Agency (EPA)
for final authorization of certain changes statutory or regulatory authority is HSWA, and which are not less stringent
to its hazardous waste program under modified or when certain other changes than existing requirements, take effect
the Resource Conservation and occur. Most commonly, states must in authorized states before the states are
Recovery Act (RCRA), as amended. On change their programs because of authorized for the requirements. Thus,
June 2, 2015, the EPA published a changes to the EPA’s regulations the EPA will implement those
proposed rule to authorize the changes codified in Title 40 of the Code of requirements and prohibitions in Idaho,
and opened a public comment period Federal Regulations (CFR) parts 124, including issuing permits, until the
under Docket ID No. EPA–R10–RCRA– 260 through 268, 270, 273, and 279. State is granted authorization to do so.
2015–0307. The comment period closed Idaho’s hazardous waste management C. What will be the effect of this action?
on July 2, 2015. The EPA received no program received final authorization
comments on the proposed rule. The effective on April 9, 1990 (55 FR 11015, The effect of this action is that a
EPA has determined that the revisions March 29, 1990). Subsequently, the EPA facility in Idaho subject to RCRA must
to the Idaho hazardous waste authorized revisions to the State’s comply with the authorized state
management program satisfy all the program effective June 5, 1992 (57 FR program requirements in lieu of the
requirements necessary to qualify for 11580, April 6, 1992), August 10, 1992 corresponding Federal requirements to
final authorization. The EPA is (57 FR 24757, June 11, 1992), June 11, comply with RCRA. Additionally, such
approving these revisions to Idaho’s 1995 (60 FR 18549, April 12, 1995), persons must comply with any
authorized hazardous waste January 19, 1999 (63 FR 56086, October applicable Federal requirements, such
management program in this final rule. 21, 1998), July 1, 2002 (67 FR 44069, as, for example, HSWA regulations
July 1, 2002), March 10, 2004 (69 FR issued by the EPA for which the State
DATES: Final authorization for the
11322, March 10, 2004), July 22, 2005 has not received authorization, and
revisions to the hazardous waste
(70 FR 42273, July 22, 2005), February RCRA requirements that are not
management program in Idaho shall be
26, 2007 (72 FR 8283, February 26, supplanted by authorized state
effective at 1 p.m. EST on September 21,
2007), December 23, 2008 (73 FR 78647, requirements. Idaho continues to have
2015.
December 23, 2008), and July 11, 2012 enforcement responsibilities under its
ADDRESSES: Docket: All documents in
(77 FR 34229, June 11, 2012). state hazardous waste management
the docket are listed in the program for violations of this program,
www.regulations.gov index. Although This final rule addresses a program but the EPA retains its authority under
listed in the index, some information is revision application that Idaho RCRA sections 3007, 3008, 3013, and
not publicly available, e.g., Confidential submitted to the EPA in February 2015, 7003, 42 U.S.C. 6927, 6928, 6934 and
Business Information or other in accordance with 40 CFR 271.21, 6973, and any other applicable statutory
information whose disclosure is seeking authorization of changes to the and regulatory provisions, which
restricted by statute. Certain other State program. On June 2, 2015, the EPA includes, among others, the authority to:
material, such as copyrighted material, published a proposed rule (80 FR
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• Conduct inspections;
will be publicly available only in hard 31338) stating the Agency’s intent to
copy. Publicly available docket grant final authorization for revisions to • Require monitoring, tests, analyses,
materials are available either Idaho’s hazardous waste management or reports;
electronically in www.regulations.gov or program. The public comment period on • Enforce RCRA requirements;
in hard copy at the EPA Region 10 this proposed rule ended on July 2, • Suspend, terminate, modify or
Library, 1200 Sixth Avenue, Suite 900, 2015, with no comments received. revoke permits; and
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Document Created: 2018-02-23 11:01:27
Document Modified: 2018-02-23 11:01:27
| 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 | Direct final rule. | |
| Dates | This direct final rule will be effective September 30, 2015, without further notice, unless EPA receives adverse comment by September 21, 2015. If EPA receives adverse comment, we will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. | |
| Contact | Lachala Kemp, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at 913-551-7214 or by email at [email protected] | |
| FR Citation | 80 FR 50789 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Sulfur Oxides |
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