80_FR_52121 80 FR 51955 - Approval and Promulgation of Implementation Plans; State of Kansas; Infrastructure SIP Requirements for the 2008 Ozone National Ambient Air Quality Standard

80 FR 51955 - Approval and Promulgation of Implementation Plans; State of Kansas; Infrastructure SIP Requirements for the 2008 Ozone National Ambient Air Quality Standard

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 166 (August 27, 2015)

Page Range51955-51957
FR Document2015-20892

The Environmental Protection Agency (EPA) is taking direct final action to approve an element 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 2008 National Ambient Air Quality Standards (NAAQS) for Ozone (O<INF>3</INF>), 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.

Federal Register, Volume 80 Issue 166 (Thursday, August 27, 2015)
[Federal Register Volume 80, Number 166 (Thursday, August 27, 2015)]
[Rules and Regulations]
[Pages 51955-51957]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20892]



[[Page 51955]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2015-0512; FRL-9932-81-Region 7]


Approval and Promulgation of Implementation Plans; State of 
Kansas; Infrastructure SIP Requirements for the 2008 Ozone National 
Ambient Air Quality Standard

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve an element 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 2008 National 
Ambient Air Quality Standards (NAAQS) for Ozone (O3), 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 direct final rule will be effective October 26, 2015, 
without further notice, unless EPA receives adverse comment by 
September 28, 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-2015-0512, 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-
2015-0512. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through www.regulations.gov or 
email information that you consider to be CBI or otherwise protected. 
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 a.m. to 4:30 
p.m., 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 whenever ``we'', 
``us'', or ``our'' is used, we refer to EPA. This section provides 
additional information by addressing the following questions:

I. Background
II. Summary of SIP Revision
III. Final Action
IV. Statutory and Executive Order Review

I. Background

    On July 16, 2014, (79 FR 41486), 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 2008 O3 NAAQS. EPA 
subsequently published the final rulemaking on October 21, 2014, (79 FR 
62861). EPA did not act on the visibility protection portion of section 
110(a)(2)(J) of the CAA at that time.

II. Summary of SIP Revision

    On March 19, 2013, and May 9, 2013, EPA received SIP submissions 
from the state of Kansas that address the infrastructure elements 
specified in section 110(a)(2) of the CAA for the 2008 O3 
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.
    Under section 110(a)(2)(J) of the CAA, states are required to 
submit SIPs that meet, among other provisions, part C of the CAA, 
relating to prevention of significant deterioration of air quality and 
visibility protection. With respect to the visibility component of 
section 110(a)(2)(J) of the CAA, Kansas stated in its 2008 
O3 NAAQS infrastructure SIP submissions that EPA had 
finalized approval of the Kansas Regional Haze SIP on December 27, 2011 
(76 FR 80754). In that rulemaking, EPA determined that Kansas' Regional 
Haze Plan met the CAA requirements for preventing future and remedying 
existing impairment of visibility caused by air pollutants. However, 
EPA did not act on the visibility protection portion of section 
110(a)(2)(J) of the CAA in its final rule that approved portions of 
Kansas' 2008 O3 NAAQS infrastructure SIP submissions.
    EPA recognizes that states are subject to visibility and regional 
haze program requirements under part C of the CAA. However, when EPA 
establishes or revises a NAAQS, these visibility and regional haze 
requirements under part C

[[Page 51956]]

do not change. EPA believes that there are no new visibility protection 
requirements under part C as a result of a revised NAAQS. Therefore, 
there are no newly applicable visibility protection obligations 
pursuant to element J after the promulgation of a new or revised NAAQS. 
EPA is therefore approving Kansas' SIP as it satisfies the applicable 
visibility requirements of Element J with respect to the 2008 
O3 NAAQS as there are no new applicable visibility 
requirements triggered by the 2008 O3 NAAQS.

III. Final Action

    EPA is taking direct final action to approve the visibility 
protection portion of section 110(a)(2)(J) of the CAA with regard to 
the March 19, 2013, and May 9, 2013, infrastructure SIP submissions 
from the state of Kansas.
    Based upon review of the state's infrastructure SIP submissions and 
relevant statutory and regulatory authorities and provisions referenced 
in the submission or referenced in Kansas' SIP, EPA is approving 
Kansas' SIP submittals as they satisfy the applicable visibility 
requirements of section 110(a)(2)(J) of the CAA with respect to the 
2008 O3 NAAQS as there are no new applicable visibility 
requirements triggered by the 2008 O3 NAAQS.
    We are publishing this direct final rule without a prior proposed 
rule because we view this as a noncontroversial action and anticipate 
no adverse comment. However, in the ``Proposed Rules'' section of this 
Federal Register, we are publishing a separate document that will serve 
as the proposed rule to approve the SIP revision if adverse comments 
are received on this direct final rule. We will not institute a second 
comment period on this action. Any parties interested in commenting 
must do so at this time. For further information about commenting on 
this rule, see the ADDRESSES section of this document. If EPA receives 
adverse comment, we will publish a timely withdrawal in the Federal 
Register informing the public that this direct final rule will not take 
effect. We will address all public comments in any subsequent final 
rule based on the proposed rule.

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 Clean Air Act. 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 26, 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, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements.

    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, the table in paragraph (e) is amended by adding the 
entry ``(41) Section 110(a)(2) Infrastructure Requirements for the 2008 
O3 NAAQS'' in numerical order at the end of the table to 
read as follows:


Sec.  52.870  Identification of plan.

* * * * *
    (e) * * *

[[Page 51957]]



                                  EPA-Approved Kansas Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                     Applicable
   Name of nonregulatory SIP     geographic area or       State       EPA approval date        Explanation
           provision             nonattainment area  submittal date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
(41) Section 110(a)(2)           Statewide.........       3/19/2013  8/27/2015 [Insert   This action addresses
 Infrastructure Requirements                                          Federal Register    the visibility
 for the 2008 O3 NAAQS.                                               citation].          protection portion of
                                                                                          section 110(a)(2)(J)
                                                                                          of the CAA.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-20892 Filed 8-26-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                              Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Rules and Regulations                                             51955

                                             ENVIRONMENTAL PROTECTION                                Information (CBI) or other information                II. Summary of SIP Revision
                                             AGENCY                                                  whose disclosure is restricted by statute.            III. Final Action
                                                                                                     Do not submit through                                 IV. Statutory and Executive Order Review
                                             40 CFR Part 52                                          www.regulations.gov or email
                                                                                                                                                           I. Background
                                             [EPA–R07–OAR–2015–0512; FRL–9932–81–                    information that you consider to be CBI
                                             Region 7]                                               or otherwise protected. The                             On July 16, 2014, (79 FR 41486), EPA
                                                                                                     www.regulations.gov Web site is an                    published a notice of proposed
                                             Approval and Promulgation of                            ‘‘anonymous access’’ system, which                    rulemaking (NPR) for the State of
                                             Implementation Plans; State of                          means EPA will not know your identity                 Kansas. The NPR proposed approval of
                                             Kansas; Infrastructure SIP                              or contact information unless you                     Kansas’ submission that provides the
                                             Requirements for the 2008 Ozone                         provide it in the body of your comment.
                                                                                                                                                           basic elements specified in section
                                             National Ambient Air Quality Standard                   If you send an email comment directly
                                                                                                                                                           110(a)(2) of the CAA, or portions
                                                                                                     to EPA without going through
                                             AGENCY: Environmental Protection                        www.regulations.gov, your email                       thereof, necessary to implement,
                                             Agency.                                                 address will be automatically captured                maintain, and enforce the 2008 O3
                                             ACTION: Direct final rule.                              and included as part of the comment                   NAAQS. EPA subsequently published
                                                                                                     that is placed in the public docket and               the final rulemaking on October 21,
                                             SUMMARY:    The Environmental Protection                                                                      2014, (79 FR 62861). EPA did not act on
                                                                                                     made available on the Internet. If you
                                             Agency (EPA) is taking direct final                                                                           the visibility protection portion of
                                                                                                     submit an electronic comment, EPA
                                             action to approve an element of a State                                                                       section 110(a)(2)(J) of the CAA at that
                                                                                                     recommends that you include your
                                             Implementation Plan (SIP) submission                                                                          time.
                                                                                                     name and other contact information in
                                             from the State of Kansas addressing the
                                                                                                     the body of your comment and with any
                                             applicable requirements of Clean Air                                                                          II. Summary of SIP Revision
                                                                                                     disk or CD–ROM you submit. If EPA
                                             Act (CAA) section 110 for the 2008
                                                                                                     cannot read your comment due to                          On March 19, 2013, and May 9, 2013,
                                             National Ambient Air Quality Standards
                                                                                                     technical difficulties and cannot contact             EPA received SIP submissions from the
                                             (NAAQS) for Ozone (O3), which
                                                                                                     you for clarification, EPA may not be                 state of Kansas that address the
                                             requires that each state adopt and
                                                                                                     able to consider your comment.                        infrastructure elements specified in
                                             submit a SIP to support implementation,
                                                                                                     Electronic files should avoid the use of              section 110(a)(2) of the CAA for the
                                             maintenance, and enforcement of each
                                                                                                     special characters, any form of
                                             new or revised NAAQS promulgated by                                                                           2008 O3 NAAQS. The submissions
                                                                                                     encryption, and be free of any defects or
                                             EPA. These SIPs are commonly referred                                                                         addressed the following infrastructure
                                                                                                     viruses.
                                             to as ‘‘infrastructure’’ SIPs. The                         Docket: All documents in the docket                elements of section 110(a)(2): (A), (B),
                                             infrastructure requirements are designed                are listed in the www.regulations.gov                 (C), (D), (E), (F), (G), (H), (J), (K), (L), and
                                             to ensure that the structural components                index. Although listed in the index,                  (M). Specific requirements of section
                                             of each state’s air quality management                  some information is not publicly                      110(a)(2) of the CAA and the rationale
                                             program are adequate to meet the state’s                available, i.e., CBI or other information             for EPA’s proposed action to approve
                                             responsibilities under the CAA.                         whose disclosure is restricted by statute.            the SIP submission are explained in the
                                             DATES: This direct final rule will be                   Certain other material, such as                       NPR and will not be restated here.
                                             effective October 26, 2015, without                     copyrighted material, will be publicly                   Under section 110(a)(2)(J) of the CAA,
                                             further notice, unless EPA receives                     available only in hard copy form.                     states are required to submit SIPs that
                                             adverse comment by September 28,                        Publicly available docket materials are               meet, among other provisions, part C of
                                             2015. If EPA receives adverse comment,                  available either electronically in
                                             we will publish a timely withdrawal of                                                                        the CAA, relating to prevention of
                                                                                                     www.regulations.gov or in hard copy at                significant deterioration of air quality
                                             the direct final rule in the Federal                    the Environmental Protection Agency,
                                             Register informing the public that the                                                                        and visibility protection. With respect to
                                                                                                     Air Planning and Development Branch,                  the visibility component of section
                                             rule will not take effect.                              11201 Renner Boulevard, Lenexa,
                                             ADDRESSES: Submit your comments,
                                                                                                                                                           110(a)(2)(J) of the CAA, Kansas stated in
                                                                                                     Kansas 66219. The Regional Office’s
                                             identified by Docket ID No. EPA–R07–                                                                          its 2008 O3 NAAQS infrastructure SIP
                                                                                                     official hours of business are Monday
                                             OAR–2015–0512, by one of the                                                                                  submissions that EPA had finalized
                                                                                                     through Friday, 8:00 a.m. to 4:30 p.m.,
                                             following methods:                                      excluding legal holidays. The interested              approval of the Kansas Regional Haze
                                                1. www.regulations.gov. Follow the                   persons wanting to examine these                      SIP on December 27, 2011 (76 FR
                                             on-line instructions for submitting                     documents should make an                              80754). In that rulemaking, EPA
                                             comments.                                               appointment with the office at least 24               determined that Kansas’ Regional Haze
                                                2. Email: kemp.lachala@epa.gov.                      hours in advance.                                     Plan met the CAA requirements for
                                                3. Mail or Hand Delivery: Lachala                                                                          preventing future and remedying
                                                                                                     FOR FURTHER INFORMATION CONTACT:
                                             Kemp, Environmental Protection                                                                                existing impairment of visibility caused
                                                                                                     Lachala Kemp, Environmental
                                             Agency, Air Planning and Development                                                                          by air pollutants. However, EPA did not
                                                                                                     Protection Agency, Air Planning and
                                             Branch, 11201 Renner Boulevard,                                                                               act on the visibility protection portion
                                                                                                     Development Branch, 11201 Renner
                                             Lenexa, Kansas 66219.                                                                                         of section 110(a)(2)(J) of the CAA in its
                                                Instructions: Direct your comments to                Boulevard, Lenexa, Kansas 66219 at
                                                                                                     (913) 551–7214 or by email at                         final rule that approved portions of
                                             Docket ID No. EPA–R07–OAR–2015–
                                                                                                     kemp.lachala@epa.gov.                                 Kansas’ 2008 O3 NAAQS infrastructure
                                             0512. EPA’s policy is that all comments
                                                                                                     SUPPLEMENTARY INFORMATION:                            SIP submissions.
                                             received will be included in the public
rmajette on DSK2VPTVN1PROD with RULES




                                             docket without change and may be                        Throughout this document whenever                        EPA recognizes that states are subject
                                             made available online at                                ‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, we refer          to visibility and regional haze program
                                             www.regulations.gov, including any                      to EPA. This section provides additional              requirements under part C of the CAA.
                                             personal information provided, unless                   information by addressing the following               However, when EPA establishes or
                                             the comment includes information                        questions:                                            revises a NAAQS, these visibility and
                                             claimed to be Confidential Business                     I. Background                                         regional haze requirements under part C


                                        VerDate Sep<11>2014   16:50 Aug 26, 2015   Jkt 235001   PO 00000   Frm 00021   Fmt 4700   Sfmt 4700   E:\FR\FM\27AUR1.SGM   27AUR1


                                             51956            Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Rules and Regulations

                                             do not change. EPA believes that there                  provided that they meet the criteria of               that before a rule may take effect, the
                                             are no new visibility protection                        the Clean Air Act. Accordingly, this                  agency promulgating the rule must
                                             requirements under part C as a result of                action merely approves state law as                   submit a rule report, which includes a
                                             a revised NAAQS. Therefore, there are                   meeting Federal requirements and does                 copy of the rule, to each House of the
                                             no newly applicable visibility                          not impose additional requirements                    Congress and to the Comptroller General
                                             protection obligations pursuant to                      beyond those imposed by state law. For                of the United States. EPA will submit a
                                             element J after the promulgation of a                   that reason, this action:                             report containing this action and other
                                             new or revised NAAQS. EPA is                               • Is not a significant regulatory action           required information to the U.S. Senate,
                                             therefore approving Kansas’ SIP as it                   subject to review by the Office of                    the U.S. House of Representatives, and
                                             satisfies the applicable visibility                     Management and Budget under                           the Comptroller General of the United
                                             requirements of Element J with respect                  Executive Orders 12866 (58 FR 51735,                  States prior to publication of the rule in
                                             to the 2008 O3 NAAQS as there are no                    October 4, 1993) and 13563 (76 FR 3821,               the Federal Register. A major rule
                                             new applicable visibility requirements                  January 21, 2011);                                    cannot take effect until 60 days after it
                                             triggered by the 2008 O3 NAAQS.                            • Does not impose an information                   is published in the Federal Register.
                                             III. Final Action                                       collection burden under the provisions                This action is not a ‘‘major rule’’ as
                                                                                                     of the Paperwork Reduction Act (44                    defined by 5 U.S.C. 804(2).
                                                EPA is taking direct final action to                 U.S.C. 3501 et seq.);                                    Under section 307(b)(1) of the CAA,
                                             approve the visibility protection portion                  • Is certified as not having a                     petitions for judicial review of this
                                             of section 110(a)(2)(J) of the CAA with                 significant economic impact on a                      action must be filed in the United States
                                             regard to the March 19, 2013, and May                   substantial number of small entities                  Court of Appeals for the appropriate
                                             9, 2013, infrastructure SIP submissions                 under the Regulatory Flexibility Act (5               circuit by October 26, 2015. Filing a
                                             from the state of Kansas.                               U.S.C. 601 et seq.);
                                                Based upon review of the state’s                                                                           petition for reconsideration by the
                                                                                                        • Does not contain any unfunded                    Administrator of this final rule does not
                                             infrastructure SIP submissions and                      mandate or significantly or uniquely
                                             relevant statutory and regulatory                                                                             affect the finality of this action for the
                                                                                                     affect small governments, as described                purposes of judicial review nor does it
                                             authorities and provisions referenced in                in the Unfunded Mandates Reform Act
                                             the submission or referenced in Kansas’                                                                       extend the time within which a petition
                                                                                                     of 1995 (Pub. L. 104–4);                              for judicial review may be filed, and
                                             SIP, EPA is approving Kansas’ SIP
                                                                                                        • Does not have Federalism                         shall not postpone the effectiveness of
                                             submittals as they satisfy the applicable
                                                                                                     implications as specified in Executive                such rule or action. This action may not
                                             visibility requirements of section
                                                                                                     Order 13132 (64 FR 43255, August 10,                  be challenged later in proceedings to
                                             110(a)(2)(J) of the CAA with respect to
                                                                                                     1999);                                                enforce its requirements. (See section
                                             the 2008 O3 NAAQS as there are no new
                                                                                                        • Is not an economically significant               307(b)(2)).
                                             applicable visibility requirements
                                                                                                     regulatory action based on health or
                                             triggered by the 2008 O3 NAAQS.                                                                               List of Subjects in 40 CFR Part 52
                                                We are publishing this direct final                  safety risks subject to Executive Order
                                             rule without a prior proposed rule                      13045 (62 FR 19885, April 23, 1997);                    Environmental protection, Air
                                             because we view this as a                                  • Is not a significant regulatory action           pollution control, Incorporation by
                                             noncontroversial action and anticipate                  subject to Executive Order 13211 (66 FR               reference, Intergovernmental relations,
                                             no adverse comment. However, in the                     28355, May 22, 2001);                                 Ozone, Reporting and recordkeeping
                                             ‘‘Proposed Rules’’ section of this                         • Is not subject to requirements of                requirements.
                                             Federal Register, we are publishing a                   section 12(d) of the National
                                                                                                                                                            Dated: August 12, 2015.
                                             separate document that will serve as the                Technology Transfer and Advancement
                                                                                                     Act of 1995 (15 U.S.C. 272 note) because              Mark Hague,
                                             proposed rule to approve the SIP                                                                              Acting Regional Administrator, Region 7.
                                             revision if adverse comments are                        application of those requirements would
                                             received on this direct final rule. We                  be inconsistent with the Clean Air Act;                 For the reasons stated in the
                                             will not institute a second comment                     and                                                   preamble, EPA amends 40 CFR part 52
                                             period on this action. Any parties                         • Does not provide EPA with the                    as set forth below:
                                             interested in commenting must do so at                  discretionary authority to address, as
                                             this time. For further information about                appropriate, disproportionate human                   PART 52—APPROVAL AND
                                             commenting on this rule, see the                        health or environmental effects, using                PROMULGATION OF
                                             ADDRESSES section of this document. If                  practicable and legally permissible                   IMPLEMENTATION PLANS
                                             EPA receives adverse comment, we will                   methods, under Executive Order 12898
                                             publish a timely withdrawal in the                      (59 FR 7629, February 16, 1994).                      ■ 1. The authority citation for part 52
                                             Federal Register informing the public                      The SIP is not approved to apply on                continues to read as follows:
                                             that this direct final rule will not take               any Indian reservation land or in any                     Authority: 42 U.S.C. 7401 et seq.
                                             effect. We will address all public                      other area where EPA or an Indian tribe
                                             comments in any subsequent final rule                   has demonstrated that a tribe has                     Subpart R—Kansas
                                             based on the proposed rule.                             jurisdiction. In those areas of Indian
                                                                                                     country, the rule does not have tribal                ■ 2. In § 52.870, the table in paragraph
                                             IV. Statutory and Executive Order                       implications and will not impose                      (e) is amended by adding the entry ‘‘(41)
                                             Review                                                  substantial direct costs on tribal                    Section 110(a)(2) Infrastructure
                                               Under the CAA, the Administrator is                   governments or preempt tribal law as                  Requirements for the 2008 O3 NAAQS’’
                                             required to approve a SIP submission                    specified by Executive Order 13175 (65                in numerical order at the end of the
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                                             that complies with the provisions of the                FR 67249, November 9, 2000).                          table to read as follows:
                                             Act and applicable Federal regulations.                    The Congressional Review Act, 5
                                             42 U.S.C. 7410(k); 40 CFR 52.02(a).                     U.S.C. 801 et seq., as added by the Small             § 52.870    Identification of plan.
                                             Thus, in reviewing SIP submissions,                     Business Regulatory Enforcement                       *       *    *      *      *
                                             EPA’s role is to approve state choices,                 Fairness Act of 1996, generally provides                  (e) * * *




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                                                              Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Rules and Regulations                                                51957

                                                                                          EPA-APPROVED KANSAS NONREGULATORY PROVISIONS
                                                                            Applicable geographic
                                              Name of nonregulatory                                          State submittal
                                                                            area or nonattainment                                   EPA approval date                              Explanation
                                                 SIP provision                                                    date
                                                                                     area


                                                       *                       *                         *                      *                       *                      *                 *

                                             (41) Section 110(a)(2)        Statewide .....................        3/19/2013    8/27/2015 [Insert Fed-       This action addresses the visibility protection
                                               Infrastructure Require-                                                           eral Register cita-          portion of section 110(a)(2)(J) of the CAA.
                                               ments for the 2008 O3                                                             tion].
                                               NAAQS.



                                             [FR Doc. 2015–20892 Filed 8–26–15; 8:45 am]               Office of Procurement, Contract and                   threshold from $100,000 to $500,000.
                                             BILLING CODE 6560–50–P                                    Grant Policy Division, Attn: Andrew                   Specifically, the proposed changes are
                                                                                                       O’Rourke, Room 5L32, 300 E. Street                    as follows:
                                                                                                       SW., Washington, DC 20546–0001.                         • Added a new paragraph (b) to
                                             NATIONAL AERONAUTICS AND                                  FOR FURTHER INFORMATION CONTACT:                      section 1845.301–71.
                                             SPACE ADMINISTRATION                                      Andrew O’Rourke, NASA Office of                         • Changed capitalization threshold
                                                                                                       Procurement, Contract and Grant Policy                amount from $100,000 to $500,000 in
                                             48 CFR Parts 1845 and 1852                                Division, 202–358–4560, email:                        sections 1845.7101–1, 1845.7101–2,
                                                                                                       andrew.orourke@nasa.gov.                              1845.7101–3, 1852.245–70, and
                                             RIN 2700–AE23                                                                                                   1852.245–78.
                                                                                                       SUPPLEMENTARY INFORMATION:
                                             NASA Federal Acquisition Regulation                       I. Background                                         III. Executive Orders 12866 and 13563
                                             Supplement: NASA Capitalization                                                                                    Executive Orders (E.O.s) 12866 and
                                             Threshold (NFS Case 2015–N004)                               In accordance with the Statement of
                                                                                                       Federal Financial Accounting Standard                 13563 direct agencies to assess all costs
                                             AGENCY:  National Aeronautics and                         (SFFAS) No. 6, Accounting for Property,               and benefits of available regulatory
                                             Space Administration.                                     Plant, and Equipment, federal agencies                alternatives and, if regulation is
                                                                                                       are to record as property and equipment               necessary, to select regulatory
                                             ACTION: Interim rule.
                                                                                                       all items that meet certain                           approaches that maximize net benefits
                                             SUMMARY:   The National Aeronautics and                   characteristics, such as a useful life of             (including potential economic,
                                             Space Administration (NASA) is issuing                    2 years or more, and are permitted to                 environmental, public health and safety
                                             an interim rule amending the NASA                         establish individual capitalization                   effects, distributive impacts, and
                                             FAR Supplement to increase the NASA                       thresholds and useful life policies due               equity). E.O. 13563 emphasizes the
                                             capitalization threshold from $100,000                    to their diverse size and uses of                     importance of quantifying both costs
                                             to $500,000.                                              property, plant & equipment. SFFAS                    and benefits, of reducing costs, of
                                             DATES: Effective August 27, 2015.                         No. 6 was issued in November 1995 and                 harmonizing rules, and of promoting
                                                Comment Date: Comments on this                         was effective for fiscal years beginning              flexibility. This rule is not a significant
                                             interim rule should be submitted in                       after September 30, 1997. The current                 regulatory action under section 3(f) of
                                             writing to the address shown below on                     NASA capitalization threshold of                      Executive Order 12866. This rule is not
                                             or before October 26, 2015 to be                          $100,000, was established when SFFAS                  a major rule under 5 U.S.C. 804.
                                             considered in the formation of the final                  6 was initially implemented and is in                 IV. Regulatory Flexibility Act
                                             rule.                                                     the NFS.
                                                                                                          The Government Accountability                         NASA does not expect this interim
                                             ADDRESSES: Interested parties may                                                                               rule to have a significant economic
                                                                                                       Office (GAO) recommends that
                                             submit comments identified by NFS                         capitalization thresholds should be                   impact on a substantial number of small
                                             Case 2015–N004, using any of the                          periodically reevaluated to help ensure               entities within the meaning of the
                                             following methods:                                        their continuing relevance and are tied               Regulatory Flexibility Act, 5 U.S.C. 601,
                                                Æ Regulations.gov: http://                             to materiality as well, in that they                  et seq., because the objective of this
                                             www.regulations.gov. Submit comments                      generally are established at a level that             interim rule is to increase the already
                                             via the Federal eRulemaking portal by                     would not omit a significant amount of                established NASA capitalization
                                             entering ‘‘NFS Case 2015–N004’’ under                     assets from the balance sheet, which                  threshold from $100,000 to $500,000.
                                             the heading ‘‘Enter keyword or ID’’ and                   could materially misstate the financial               However, an initial regulatory flexibility
                                             selecting ‘‘Search.’’ Select the link                     statements of an entity or its                        analysis has been performed and is
                                             ‘‘Submit a Comment’’ that corresponds                     components.                                           summarized as follows:
                                             with ‘‘NFS Case 2015–N004.’’ Follow                          Recently, the NASA Office of the                      The increase in the NASA
                                             the instructions provided at the ‘‘Submit                 Chief Financial Officer conducted a                   capitalization threshold is expected to
                                             a Comment’’ screen. Please include your                   review of the current NASA                            benefit NASA contractors by reducing
                                             name, company name (if any), and                          capitalization threshold of $100,000 and              the administrative burden associated
                                             ‘‘NFS Case 2015–N004’’ on your                            based on this review it was determined                with financial reporting of NASA
                                             attached document.
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                                                                                                       to increase the capitalization threshold              property in the custody of contractors.
                                                Æ Email: Andrew.ORourke@                               from $100,000 to $500,000.                            The legal basis for this rule is 51 U.S.C.
                                             NASA.gov. Include NFS Case 2015–                                                                                20113(a).
                                             N004 in the subject line of the message.                  II. Discussion                                           The requirements under this rule will
                                                Æ Fax: (202) 358–3082.                                    This interim rule revises NFS parts                apply to any contract award (including
                                                Æ Mail: National Aeronautics and                       1845 and 1852 by increasing an already                contracts for supplies, services,
                                             Space Administration, Headquarters,                       established NASA capitalization                       construction, and major systems) that


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Document Created: 2015-12-15 10:52:57
Document Modified: 2015-12-15 10:52:57
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis direct final rule will be effective October 26, 2015, without further notice, unless EPA receives adverse comment by September 28, 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.
ContactLachala 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 Citation80 FR 51955 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone and Reporting and Recordkeeping Requirements

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