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)

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.

[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]


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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.

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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.
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    \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).
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    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.
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    \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.
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    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\
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    \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).
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    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.
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    \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.
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    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:
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    \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).
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     Notify the EPA Administrator by October 17, 2011 or March 
6, 2015, (in the case of allocations of ozone season NOX 
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 
NOX 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 
NOX 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\
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    \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.
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    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 
NOX 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