80 FR 55030 - Approval and Promulgation of Air Quality Implementation Plans; State of Kansas Regional Haze State Implementation Plan Revision and 2014 Five-Year Progress Report
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 177 (September 14, 2015)
Federal Register Volume 80, Issue 177 (September 14, 2015)
| Page Range | 55030-55032 | |
| FR Document | 2015-23074 |
[Federal Register Volume 80, Number 177 (Monday, September 14, 2015)] [Rules and Regulations] [Pages 55030-55032] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-23074] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2015-0299; FRL-9933-84-Region 7] Approval and Promulgation of Air Quality Implementation Plans; State of Kansas Regional Haze State Implementation Plan Revision and 2014 Five-Year Progress Report AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve the Kansas State Implementation Plan (SIP) revision submitted to EPA by the State of Kansas on March 10, 2015, documenting that the State's existing plan is making adequate progress to achieve visibility goals by 2018. The Kansas SIP revision addressed the Regional Haze Rule (RHR) requirements under the Clean Air Act (CAA or Act) to submit a report describing progress in achieving reasonable progress goals (RPGs) to improve visibility in Federally designated areas in nearby states that may be affected by emissions from sources in Kansas. EPA is taking final action to approve Kansas' determination that the existing Regional Haze (RH) SIP is adequate to meet the visibility goals and requires no substantive revision at this time. DATES: This final rule is effective October 14, 2015. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R07-OAR-2015-0299. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or 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 Federal 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: Stephen Krabbe, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at 913-551-7991, 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. Background II. Summary of SIP Revision III. Final Action IV. Statutory and Executive Order Reviews I. Background On June 10, 2015, (80 FR 32874), EPA published a notice of proposed rulemaking (NPR) for the State of [[Page 55031]] Kansas. In the NPR, EPA proposed approval of Kansas's progress report SIP, a report on progress made in the first implementation period towards RPGs for Class I areas that are affected by emissions from Kansas sources. This progress report SIP and accompanying cover letter also included a determination that Kansas's existing regional haze SIP requires no substantive revision to achieve the established regional haze visibility improvement and emissions reduction goals for 2018. States are required to submit a progress report in the form of a SIP revision every five years that evaluates progress towards the RPGs for each mandatory Class I Federal area within the state and in each mandatory Class I Federal area outside the state which may be affected by emissions from within the state. See 40 CFR 51.308(g). In addition, the provisions under 40 CFR 51.308(h) require states to submit, at the same time as the 40 CFR 51.308(g) progress report, a determination of the adequacy of the state's existing regional haze SIP. The first progress report SIP is due five years after submittal of the initial regional haze SIP. On October 26, 2009, KDHE submitted its regional haze SIP in accordance with the requirements of 40 CFR 51.308. The progress report SIP revision was submitted by Kansas on March 10, 2015, and EPA finds that it satisfies the requirements of 40 CFR 51.308(g) and (h). No comments were received regarding the NPR. II. Summary of SIP Revision On March 10, 2015, Kansas submitted a SIP revision to describe the progress made towards the RPGs of Class I areas in and outside Kansas that are affected by emissions from Kansas' sources. This progress report SIP also includes a determination of the adequacy of Kansas' existing regional haze SIP to achieve these RPGs. Kansas has no Class I areas within its borders. Kansas notes in its progress report SIP that Kansas sources were also identified as potentially impacting four Class I areas in three neighboring states: Caney Creek Wilderness Area in Arkansas, Hercules-Glades Wilderness Area in Missouri, Mingo Wilderness Area in Missouri, and Wichita Mountains Wilderness Area in Oklahoma. The provisions in 40 CFR 51.308(g) require a progress report SIP to address seven elements. EPA finds that Kansas' progress report SIP addressed each element under 40 CFR 51.308(g). The seven elements and EPA's conclusion are briefly summarized in this rulemaking action. The provisions in 40 CFR 51.308(g) require progress report SIPs to include a description of the status of measures in the approved regional haze SIP; a summary of emissions reductions achieved; an assessment of visibility conditions for each Class I area in the state; an analysis of changes in emissions from sources and activities within the state; an assessment of any significant changes in anthropogenic emissions within or outside the state that have limited or impeded progress in Class I areas impacted by the state's sources; an assessment of the sufficiency of the approved regional haze SIP; and a review of the state's visibility monitoring strategy. As explained in detail in the NPR, EPA finds that Kansas' progress report SIP addressed each element and has therefore satisfied the requirements under 40 CFR 51.308(g). In addition, pursuant to 40 CFR 51.308(h), states are required to submit, at the same time as the progress report SIP, a determination of the adequacy of their existing regional haze SIP and to take one of four possible actions based on information in the progress report. One possible action is submission of a negative declaration to EPA that no further substantive revision to the state's existing regional haze SIP is needed. In its progress report SIP, Kansas submitted a negative declaration that it had determined that its existing regional haze SIP requires no further substantive revision to achieve the RPGs for the Class I areas that are affected by emissions from Kansas's sources. As explained in detail in the NPR, EPA concludes Kansas has adequately addressed 40 CFR 51.308(h) because the visibility data trends at the Class I areas impacted by Kansas's sources and the emissions trends of the largest emitters of visibility-impairing pollutants both indicate that the RPGs for 2018 will be met or exceeded. Therefore, EPA concludes Kansas' progress report SIP meets the requirements of 40 CFR 51.308(h). III. Final Action EPA is taking final action to approve Kansas' regional haze five- year progress report and SIP revision, submitted March 10, 2015, as meeting the applicable regional haze requirements as set forth in 40 CFR 51.308(g) and 51.308(h). Statutory and Executive Order Reviews Under the Clean Air Act (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 CAA; 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 [[Page 55032]] 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 November 13, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: August 20, 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 entry (42) at the end of the table to read as follows: Sec. 52.870 Identification of plan. * * * * * (e)* * * EPA-Approved Kansas Nonregulatory Provisions ---------------------------------------------------------------------------------------------------------------- Applicable Name of nonregulatory SIP geographic or State submittal EPA approval date Explanation provision nonattainment area date ---------------------------------------------------------------------------------------------------------------- * * * * * * * (42) State Implementation Plan Statewide.......... 3/10/15 9/14/15 [Insert (SIP) Revision for the Federal Register Attainment and Maintenance of citation] National Ambient Air Quality Standards for Regional Haze (2014 Five-Year Progress Report). ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2015-23074 Filed 9-11-15; 8:45 am] BILLING CODE 6560-50-P
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reporting, or disclosure requirements on Saugus River has a vertical clearance in on March 10, 2015, documenting that
covered entities or members of the the closed position of 7 feet at mean the State’s existing plan is making
public that would be collections of high water and 17 feet at mean low adequate progress to achieve visibility
information requiring OMB approval water. The existing bridge operating goals by 2018. The Kansas SIP revision
under the Paperwork Reduction Act, 44 regulations opens on schedule as addressed the Regional Haze Rule (RHR)
U.S.C. 3501 et seq. required by 33 CFR 117.5. requirements under the Clean Air Act
Dated: September 9, 2015. Saugus River is transited by (CAA or Act) to submit a report
David Weil, commercial lobstermen and recreational describing progress in achieving
Administrator, Wage and Hour Division. vessel traffic. reasonable progress goals (RPGs) to
Keolis Commuter Railroad requested improve visibility in Federally
[FR Doc. 2015–23092 Filed 9–11–15; 8:45 am]
this temporary deviation from the designated areas in nearby states that
BILLING CODE 4510–27–P
normal operating schedule to facilitate may be affected by emissions from
essential maintenance repairs. sources in Kansas. EPA is taking final
Under this temporary deviation, the action to approve Kansas’ determination
DEPARTMENT OF HOMELAND Saugus RR Bridge may remain in the that the existing Regional Haze (RH) SIP
SECURITY closed position from 12:01 a.m. on is adequate to meet the visibility goals
Coast Guard September 19, 2015 to 11:59 p.m. on and requires no substantive revision at
September 20, 2015. this time.
33 CFR Part 117 There is no alternate route for vessel DATES: This final rule is effective
traffic; however, vessels that can pass October 14, 2015.
[Docket No. USCG–2015–0841] under the closed draws during this ADDRESSES: EPA has established a
closure may do so at any time. The docket for this action under Docket ID
Drawbridge Operation Regulation; bridge will be able to open in the event
Saugus River, Saugus, Massachusetts No. EPA–R07–OAR–2015–0299. All
of an emergency. documents in the docket are listed on
AGENCY: Coast Guard, DHS. The Coast Guard will inform the users the www.regulations.gov Web site.
ACTION:Notice of deviation from of the waterway through our Local Although listed in the index, some
drawbridge regulation. Notice to Mariners of the change in information is not publicly available,
operating schedule for the bridge so that i.e., CBI or other information whose
SUMMARY: The Coast Guard has issued a vessels can arrange their transits to disclosure is restricted by statute.
temporary deviation from the operating minimize any impact caused by the Certain other material, such as
schedule that governs the Saugus RR temporary deviation. copyrighted material, is not placed on
Bridge, across the Saugus River, mile In accordance with 33 CFR 117.35(e), the Internet and will be publicly
2.1, at Saugus, Massachusetts. This the drawbridge must return to its regular available only in hard copy form.
deviation is necessary to facilitate operating schedule immediately at the Publicly available docket materials are
essential maintenance repairs. This end of the effective period of this available either electronically through
deviation allows the bridge to remain in temporary deviation. This deviation www.regulations.gov or at the
the closed position during the from the operating regulations is Environmental Protection Agency, Air
maintenance repairs. authorized under 33 CFR 117.35. Planning and Development Branch,
DATES: This deviation is effective from 11201 Renner Boulevard, Lenexa,
Dated: September 1, 2015.
12:01 a.m. on September 19, 2015 to Kansas 66219. The Regional Office’s
C.J. Bisignano,
11:59 p.m. on September 20, 2015. official hours of business are Monday
Supervisory Bridge Management Specialist,
ADDRESSES: The docket for this through Friday, 8:00 a.m. to 4:30 p.m.,
First Coast Guard District.
deviation, [USCG–2015–0841] is excluding Federal holidays. The
[FR Doc. 2015–23067 Filed 9–11–15; 8:45 am]
available at http://www.regulations.gov. interested persons wanting to examine
BILLING CODE 9110–04–P
Type the docket number in the these documents should make an
‘‘SEARCH’’ box and click ‘‘SEARCH.’’ appointment with the office at least 24
Click on Open Docket Folder on the line hours in advance.
associated with this deviation. You may ENVIRONMENTAL PROTECTION
AGENCY FOR FURTHER INFORMATION CONTACT:
also visit the Docket Management Stephen Krabbe, Environmental
Facility in Room W12–140, on the Protection Agency, Air Planning and
ground floor of the Department of 40 CFR Part 52
Development Branch, 11201 Renner
Transportation West Building, 1200 [EPA–R07–OAR–2015–0299; FRL–9933–84– Boulevard, Lenexa, Kansas 66219 at
New Jersey Avenue SE., Washington, Region 7]
913–551–7991, or by email at
DC 20590, between 9 a.m. and 5 p.m., krabbe.stephen@epa.gov.
Monday through Friday, except Federal Approval and Promulgation of Air
Quality Implementation Plans; State of SUPPLEMENTARY INFORMATION:
holidays.
Kansas Regional Haze State Throughout this document ‘‘we’’, ‘‘us’’,
FOR FURTHER INFORMATION CONTACT: If
Implementation Plan Revision and or ‘‘our’’ refer to EPA. This section
you have questions on this temporary provides additional information by
deviation, contact Mr. Joe Arca, Project 2014 Five-Year Progress Report
addressing the following:
Officer, First Coast Guard District, AGENCY: Environmental Protection
telephone (212) 514–4336, email I. Background
Agency (EPA). II. Summary of SIP Revision
joe.m.arca@uscg.mil. If you have ACTION: Final rule.
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III. Final Action
questions on viewing the docket, call IV. Statutory and Executive Order Reviews
Ms. Cheryl Collins, Program Manager, SUMMARY: The Environmental Protection
Docket Operations, telephone (202) Agency (EPA) is taking final action to I. Background
366–9826. approve the Kansas State On June 10, 2015, (80 FR 32874), EPA
SUPPLEMENTARY INFORMATION: The Implementation Plan (SIP) revision published a notice of proposed
Saugus RR Bridge, mile 2.1, across submitted to EPA by the State of Kansas rulemaking (NPR) for the State of
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![55032 Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Rules and Regulations
agency promulgating the rule must extend the time within which a petition PART 52—APPROVAL AND
submit a rule report, which includes a for judicial review may be filed, and PROMULGATION OF
copy of the rule, to each House of the shall not postpone the effectiveness of IMPLEMENTATION PLANS
Congress and to the Comptroller General such rule or action. This action may not
of the United States. EPA will submit a be challenged later in proceedings to ■ 1. The authority citation for part 52
report containing this action and other enforce its requirements. (See section continues to read as follows:
required information to the U.S. Senate, 307(b)(2).)
the U.S. House of Representatives, and Authority: 42 U.S.C. 7401 et seq.
the Comptroller General of the United List of Subjects in 40 CFR Part 52
States prior to publication of the rule in Environmental protection, Air Subpart R—Kansas
the Federal Register. A major rule pollution control, Carbon monoxide,
cannot take effect until 60 days after it Incorporation by reference, ■ 2. In § 52.870, the table in paragraph
is published in the Federal Register. Intergovernmental relations, Lead, (e) is amended by adding entry (42) at
This action is not a ‘‘major rule’’ as Nitrogen dioxide, Ozone, Particulate the end of the table to read as follows:
defined by 5 U.S.C. 804(2). matter, Reporting and recordkeeping
Under section 307(b)(1) of the CAA, § 52.870 Identification of plan.
requirements, Sulfur oxides, Volatile
petitions for judicial review of this organic compounds. * * * * *
action must be filed in the United States (e)* * *
Dated: August 20, 2015.
Court of Appeals for the appropriate
Mark Hague,
circuit by November 13, 2015. Filing a
petition for reconsideration by the Acting Regional Administrator, Region 7.
Administrator of this final rule does not For the reasons stated in the
affect the finality of this action for the preamble, EPA amends 40 CFR part 52
purposes of judicial review nor does it as set forth below:
EPA-APPROVED KANSAS NONREGULATORY PROVISIONS
Applicable geographic or State submittal
Name of nonregulatory SIP provision EPA approval date Explanation
nonattainment area date
* * * * * * *
(42) State Implementation Plan (SIP) Revision for the Statewide ......................... 3/10/15 9/14/15 [Insert Federal
Attainment and Maintenance of National Ambient Register citation]
Air Quality Standards for Regional Haze (2014
Five-Year Progress Report).
[FR Doc. 2015–23074 Filed 9–11–15; 8:45 am] is not controversial and do not expect 2. Email: patterson.alima@epa.gov.
BILLING CODE 6560–50–P comments that oppose it. Unless we 3. Mail: Alima Patterson, Region 6,
receive written comments which oppose Regional Authorization Coordinator,
this authorization during the comment State/Tribal Oversight Section (6PD–O),
ENVIRONMENTAL PROTECTION period, the decision to authorize Multimedia Planning and Permitting
AGENCY Louisiana’s changes to its hazardous Division, EPA Region 6, 1445 Ross
waste program will take effect. If we Avenue, Dallas Texas 75202–2733.
40 CFR Part 271 receive comments that oppose this 4. Hand Delivery or Courier. Deliver
[EPA–R06–2015–0070 RCRA; FRL–9933– action, we will publish a document in your comments to Alima Patterson,
79–Region 6] the Federal Register withdrawing this Region 6, Regional Authorization
rule before it takes effect, and a separate Coordinator, State/Tribal Oversight
Louisiana: Final Authorization of State document in the proposed rules section Section (6PD–O), Multimedia Planning
Hazardous Waste Management of this Federal Register will serve as a and Permitting Division, EPA Region 6,
Program Revision proposal to authorize the changes. 1445 Ross Avenue, Dallas, Texas 75202–
AGENCY: Environmental Protection DATES: This final authorization will 2733.
Agency (EPA). become effective on November 13, 2015 Instructions: Do not submit
unless the EPA receives adverse written information that you consider to be CBI
ACTION: Direct final rule.
comment by October 14, 2015. If the or otherwise protected through
SUMMARY: Louisiana has applied to the EPA receives such comment, it will regulations.gov, or email. Direct your
Environmental Protection Agency (EPA) publish a timely withdrawal of this comment to Docket No. EPA–R06–
for final authorization of the changes to direct final rule in the Federal Register RCRA–2015–0070. The Federal
its hazardous waste program under the and inform the public that this regulations.gov Web site is an
Resource Conservation and Recovery authorization will not take effect. ‘‘anonymous access’’ system, which
Act (RCRA). The EPA has determined ADDRESSES: Submit any comments means the EPA will not know your
that these changes satisfy all identified by Docket ID No. EPA–R06– identity or contact information unless
tkelley on DSK3SPTVN1PROD with RULES
requirements needed to qualify for final RCRA–2015–0070, by one of the you provide it in the body of your
authorization, and is authorizing the following methods: comment. If you send an email
State’s changes through this direct final 1. Federal eRulemaking Portal: comment directly to the EPA without
action. The EPA is publishing this rule http://www.regulations.gov. Follow the going through regulations.gov, your
to authorize the changes without a prior on-line instructions for submitting email address will be automatically
proposal because we believe this action comments. captured and included as part of the
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Document Created: 2018-02-26 10:14:55
Document Modified: 2018-02-26 10:14:55
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective October 14, 2015. | |
| Contact | Stephen Krabbe, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at 913-551-7991, or by email at [email protected] | |
| FR Citation | 80 FR 55030 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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