81 FR 42294 - Approval and Promulgation of Air Quality Implementation Plans; State of Kansas; Cross-State Air Pollution Rule
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 125 (June 29, 2016)
Federal Register Volume 81, Issue 125 (June 29, 2016)
| Page Range | 42294-42295 | |
| FR Document | 2016-15039 |
[Federal Register Volume 81, Number 125 (Wednesday, June 29, 2016)] [Proposed Rules] [Pages 42294-42295] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-15039] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2016-0303; FRL-9948-12-Region 7] Approval and Promulgation of Air Quality Implementation Plans; State of Kansas; Cross-State Air Pollution Rule AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve a December 1, 2015, State Implementation Plan (SIP) submittal from Kansas concerning allocations of Cross-State Air Pollution Rule (CSAPR) emission allowances. Under CSAPR, large electricity generating units in Kansas are subject to a Federal Implementation Plan (FIP) requiring the units to participate in CSAPR's Federal trading program for annual emissions of nitrogen oxides (NOX ). This action would approve Kansas' adoption into its SIP of state regulations establishing state-determined allocations to replace EPA's default allocations to Kansas units of CSAPR allowances for annual NOX emissions for 2017 through 2019. EPA is proposing to approve the SIP revision because it meets the requirements of the Clean Air Act (CAA) and EPA's regulations for approval of an abbreviated SIP revision replacing EPA's default allocations of CSAPR emission allowances with state-determined allocations. Approval of this SIP revision would not alter any provision of CSAPR's Federal trading program for annual NOX emissions as applied to Kansas units other than the allowance allocation provisions, and the FIP requiring the units to participate in the trading program (as modified by the SIP revision) would remain in place. DATES: Comments must be received by July 29, 2016. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07- OAR-2016-0303, to http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The 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 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 [[Page 42295]] official comment and should include discussion of all points you wish to make. The 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. FOR FURTHER INFORMATION CONTACT: Mr. Larry Gonzalez, Air Planning and Development Branch, Air and Waste Management Division, EPA Region 7, 11201 Renner Boulevard, Lenexa, KS 66219; telephone number: (913) 551- 7041; email address: [email protected] SUPPLEMENTARY INFORMATION: This document proposes to take action on a revision to the SIP for Kansas concerning allocations of allowances used in the Cross-State Air Pollution Rule (CSAPR) \1\ Federal trading program for annual emissions of nitrogen oxides (NOX ). We have published a direct final rule approving the State's SIP revision (s) in the Rules and Regulations section of this Federal Register, because we view this as a noncontroversial action and anticipate no relevant adverse comment. We have explained our reasons for this action in the preamble to the direct final rule. If we receive no adverse comment, we will not take further action on this proposed rule. If we receive adverse comment, we will withdraw the direct final rule and it will not take effect. We would address all public comments in any subsequent final rule based on this proposed rule. We do not intend to institute a second comment period on this action. Any parties interested in commenting must do so at this time. For further information, please see the information provided in the ADDRESSES section of this document. --------------------------------------------------------------------------- \1\ Federal Implementation Plans; Interstate Transport of Fine Particulate Matter and Ozone and Correction of SIP Approvals, 76 FR 48208 (August 8, 2011), (codified as amended at 40 CFR 52.38 and 52.39 and subparts AAAAA through DDDDD of 40 CFR part 97). --------------------------------------------------------------------------- Large electricity generating units in Kansas are subject to a CSAPR Federal Implementation Plan (FIP) that requires the units to participate in the Federal CSAPR NOX Annual Trading Program.\2\ Each of CSAPR's Federal trading programs includes default provisions governing the allocation among participating units of emission allowances used for compliance under that program. CSAPR also provides a process for the submission and approval of SIP revisions to replace EPA's default allocations with state-determined allocations. --------------------------------------------------------------------------- \2\ EPA has proposed to replace the terms ``Transport Rule'' and ``TR'' in the text of the Code of Federal Regulations with the updated terms ``Cross-State Air Pollution Rule'' and ``CSAPR.'' 80 FR 75706, 75759 (December 3, 2015). EPA uses the updated terms here. --------------------------------------------------------------------------- The SIP revision approved in the direct final rule incorporates into Kansas's SIP state regulations establishing state-determined allowance allocations to replace EPA's default allocations to Kansas units of CSAPR NOX Annual allowances issued for the control periods in 2017 through 2019. EPA is approving the SIP revision because it meets the requirements of the CAA and EPA's regulations for approval of an abbreviated SIP revision replacing EPA's default allocations of CSAPR emission allowances with state-determined allocations. Approval of the SIP revision does not alter any provision of the CSAPR NOX Annual Trading Program as applied to Kansas units other than the allowance allocation provisions, and the FIP requiring the units to participate in that program (as modified by the SIP revision) remains in place. Because the SIP revision addresses only the control periods in 2017 through 2019, absent submission and approval of a further SIP revision, allocations of CSAPR NOX Annual allowances for control periods in 2020 and later years will be made pursuant to the default allocation provisions. Large electricity generating units in Kansas are also subject to an additional CSAPR FIP requiring them to participate in the Federal CSAPR SO2 Group 2 Trading Program. Kansas' SIP submittal does not seek to replace the default allocations of CSAPR SO2 Group 2 allowances to Kansas units. Approval of this SIP revision concerning another CSAPR trading program has no effect on the CSAPR SO2 Group 2 Trading Program as applied to Kansas units, and the FIP requiring the units to participate in that program remains in place. 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: June 16, 2016. Mark Hague, Regional Administrator, Region 7. [FR Doc. 2016-15039 Filed 6-28-16; 8:45 am] BILLING CODE 6560-50-P
![42294 Federal Register / Vol. 81, No. 125 / Wednesday, June 29, 2016 / Proposed Rules
Class A, B, C, D, and E airspace areas, under the criteria of the Regulatory ENVIRONMENTAL PROTECTION
air traffic service routes, and reporting Flexibility Act. AGENCY
points.
Environmental Review 40 CFR Part 52
The Proposal This proposal will be subject to an
[EPA–R07–OAR–2016–0303; FRL–9948–12–
The FAA is proposing an amendment environmental analysis in accordance Region 7]
to Title 14 Code of Federal Regulations with FAA Order 1050.1F,
(14 CFR) Part 71 by modifying Class E ‘‘Environmental Impacts: Policies and Approval and Promulgation of Air
airspace extending upward from 700 Procedures’’ prior to any FAA final Quality Implementation Plans; State of
feet above the surface at McNary Field regulatory action. Kansas; Cross-State Air Pollution Rule
Airport, Salem, OR. On March 8, 2016 List of Subjects in 14 CFR Part 71 AGENCY: Environmental Protection
a Final Rule was published modifying Agency (EPA).
Airspace, Incorporation by reference,
the airspace at McNary Field, Salem, OR
Navigation (air). ACTION: Proposed rule.
(81FR 12002). A comment was received
on May 10, 2016 questioning the safety The Proposed Amendment SUMMARY: The Environmental Protection
of the LOC/DME BC RWY 13 approach. Accordingly, pursuant to the Agency (EPA) is proposing to approve a
The FAA concurred that the presence of authority delegated to me, the Federal December 1, 2015, State Implementation
terrain in the procedure turn transition Aviation Administration proposes to Plan (SIP) submittal from Kansas
airspace increased the risk to IFR amend 14 CFR part 71 as follows: concerning allocations of Cross-State
operations into McNary Field, Salem, Air Pollution Rule (CSAPR) emission
OR. A Notice to Airmen (NOTAM) was PART 71—DESIGNATION OF CLASS A, allowances. Under CSAPR, large
issued advising pilots this approach was B, C, D, AND E AIRSPACE AREAS; AIR electricity generating units in Kansas are
non-available pending the outcome of TRAFFIC SERVICE ROUTES; AND subject to a Federal Implementation
this proposal. After a review of the REPORTING POINTS Plan (FIP) requiring the units to
airspace, the FAA identified that the participate in CSAPR’s Federal trading
approach to runway 31 also was not ■ 1. The authority citation for 14 CFR program for annual emissions of
fully contained in controlled airspace part 71 continues to read as follows: nitrogen oxides (NOX). This action
and would also be modified by this Authority: 49 U.S.C. 106(f), 106(g), 40103, would approve Kansas’ adoption into its
proposal. The Class E airspace 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, SIP of state regulations establishing
extending upward from 700 feet above 1959–1963 Comp., p. 389. state-determined allocations to replace
the surface would be modified by § 71.1 [Amended] EPA’s default allocations to Kansas
adding segments extending from the 6.7- units of CSAPR allowances for annual
■ 2. The incorporation by reference in
mile radius to 13.50 miles northwest of NOX emissions for 2017 through 2019.
14 CFR 71.1 of FAA Order 7400.9Z,
the airport, and extending from the 8.2- EPA is proposing to approve the SIP
Airspace Designations and Reporting
mile radius to 16.5 miles southeast of revision because it meets the
Points, dated August 6, 2015, and
the airport. requirements of the Clean Air Act (CAA)
effective September 15, 2015, is
Class E airspace designations are and EPA’s regulations for approval of an
amended as follows:
published in paragraph 6005 of FAA abbreviated SIP revision replacing
Order 7400.9Z, dated August 6, 2015, Paragraph 6005 Class E Airspace Areas EPA’s default allocations of CSAPR
and effective September 15, 2015, which Extending Upward From 700 Feet or More emission allowances with state-
is incorporated by reference in 14 CFR Above the Surface of the Earth. determined allocations. Approval of this
71.1. The Class E airspace designations * * * * * SIP revision would not alter any
listed in this document will be provision of CSAPR’s Federal trading
ANM OR E5 Salem, OR [Modified] program for annual NOX emissions as
published subsequently in the Order.
Salem, McNary Field, OR applied to Kansas units other than the
Regulatory Notices and Analyses (Lat. 44°54′34″ N., long. 123°00′09″ W.) allowance allocation provisions, and the
That airspace extending upward from 700 FIP requiring the units to participate in
The FAA has determined that this feet above the surface within a 6.2-mile
regulation only involves an established the trading program (as modified by the
radius of McNary Field from the 168° bearing
body of technical regulations for which from the airport clockwise to the 311°
SIP revision) would remain in place.
frequent and routine amendments are bearing, and that airspace within a 6.7-mile DATES: Comments must be received by
necessary to keep them operationally radius of McNary Field from the 311° bearing July 29, 2016.
current, is non-controversial and from the airport clockwise to the 074° ADDRESSES: Submit your comments,
unlikely to result in adverse or negative bearing, and that airspace within an 8.2-mile identified by Docket ID No. EPA–R07–
radius of McNary Field from the 074° bearing
comments. It, therefore: (1) Is not a from the airport clockwise to the 168° bearing
OAR–2016–0303, to http://
‘‘significant regulatory action’’ under from the airport, and that airspace 2 miles www.regulations.gov. Follow the online
Executive Order 12866; (2) is not a either side of the 330° bearing extending from instructions for submitting comments.
‘‘significant rule’’ under DOT the 6.7-mile radius 13.5 miles northwest of Once submitted, comments cannot be
Regulatory Policies and Procedures (44 the airport and that airspace 4 miles edited or removed from Regulations.gov.
FR 11034; February 26, 1979); and (3) southwest and 5 miles northeast of the 150° The EPA may publish any comment
does not warrant preparation of a bearing extending from the 8.2-mile radius received to its public docket. Do not
mstockstill on DSK3G9T082PROD with PROPOSALS
regulatory evaluation as the anticipated 16.5 miles southeast of the airport. submit electronically any information
impact is so minimal. Since this is a Issued in Seattle, Washington, on June 21, you consider to be Confidential
routine matter that will only affect air 2016. Business Information (CBI) or other
traffic procedures and air navigation, it Tracey Johnson, information whose disclosure is
is certified that this rule, when Manager, Operations Support Group, Western restricted by statute. Multimedia
promulgated, would not have a Service Center. submissions (audio, video, etc.) must be
significant economic impact on a [FR Doc. 2016–15266 Filed 6–28–16; 8:45 am] accompanied by a written comment.
substantial number of small entities BILLING CODE 4910–13–P The written comment is considered the
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![Federal Register / Vol. 81, No. 125 / Wednesday, June 29, 2016 / Proposed Rules 42295
official comment and should include Each of CSAPR’s Federal trading Dated: June 16, 2016.
discussion of all points you wish to programs includes default provisions Mark Hague,
make. The EPA will generally not governing the allocation among Regional Administrator, Region 7.
consider comments or comment participating units of emission [FR Doc. 2016–15039 Filed 6–28–16; 8:45 am]
contents located outside of the primary allowances used for compliance under BILLING CODE 6560–50–P
submission (i.e. on the web, cloud, or that program. CSAPR also provides a
other file sharing system). For process for the submission and approval
additional submission methods, the full of SIP revisions to replace EPA’s default DEPARTMENT OF COMMERCE
EPA public comment policy, allocations with state-determined
information about CBI or multimedia allocations. National Oceanic and Atmospheric
submissions, and general guidance on Administration
making effective comments, please visit The SIP revision approved in the
http://www2.epa.gov/dockets/ direct final rule incorporates into
Kansas’s SIP state regulations 50 CFR Part 660
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Mr. establishing state-determined allowance [Docket No. 150902809–6536–01]
Larry Gonzalez, Air Planning and allocations to replace EPA’s default
RIN 0648–BF12
Development Branch, Air and Waste allocations to Kansas units of CSAPR
Management Division, EPA Region 7, NOX Annual allowances issued for the Magnuson-Stevens Act Provisions;
11201 Renner Boulevard, Lenexa, KS control periods in 2017 through 2019. Fisheries Off West Coast States;
66219; telephone number: (913) 551– EPA is approving the SIP revision Pacific Coast Groundfish Fishery;
7041; email address: gonzalez.larry@ because it meets the requirements of the Widow Rockfish Reallocation in the
epa.gov CAA and EPA’s regulations for approval Individual Fishing Quota Fishery
SUPPLEMENTARY INFORMATION: This of an abbreviated SIP revision replacing
EPA’s default allocations of CSAPR AGENCY: National Marine Fisheries
document proposes to take action on a Service (NMFS), National Oceanic and
revision to the SIP for Kansas emission allowances with state-
determined allocations. Approval of the Atmospheric Administration (NOAA),
concerning allocations of allowances Commerce.
used in the Cross-State Air Pollution SIP revision does not alter any provision
Rule (CSAPR) 1 Federal trading program of the CSAPR NOX Annual Trading ACTION: Proposed rule; request for
for annual emissions of nitrogen oxides Program as applied to Kansas units comments.
(NOX). We have published a direct final other than the allowance allocation SUMMARY: In January 2011, NMFS
rule approving the State’s SIP revision provisions, and the FIP requiring the implemented the trawl rationalization
(s) in the Rules and Regulations section units to participate in that program (as program, a type of catch share program,
of this Federal Register, because we modified by the SIP revision) remains in for the Pacific coast groundfish fishery’s
view this as a noncontroversial action place. Because the SIP revision limited entry trawl fleet, which includes
and anticipate no relevant adverse addresses only the control periods in an individual fishing quota program for
comment. We have explained our 2017 through 2019, absent submission limited entry trawl participants. At the
reasons for this action in the preamble and approval of a further SIP revision, time of implementation, the widow
to the direct final rule. If we receive no allocations of CSAPR NOX Annual rockfish stock was overfished and quota
adverse comment, we will not take allowances for control periods in 2020 shares were allocated to quota share
further action on this proposed rule. If and later years will be made pursuant to permit owners in the individual fishing
we receive adverse comment, we will the default allocation provisions. quota program using an overfished
withdraw the direct final rule and it will species formula. Now that the widow
not take effect. We would address all Large electricity generating units in
Kansas are also subject to an additional rockfish stock has been rebuilt, NMFS
public comments in any subsequent proposes to reallocate quota shares to
final rule based on this proposed rule. CSAPR FIP requiring them to participate
initial recipients based on a target
We do not intend to institute a second in the Federal CSAPR SO2 Group 2
species formula that will more closely
comment period on this action. Any Trading Program. Kansas’ SIP submittal
represent the fishing history of permit
parties interested in commenting must does not seek to replace the default owners when widow rockfish was a
do so at this time. For further allocations of CSAPR SO2 Group 2 targeted species. Through this rule,
information, please see the information allowances to Kansas units. Approval of NMFS also proposes to allow the
provided in the ADDRESSES section of this SIP revision concerning another trading of widow rockfish quota shares,
this document. CSAPR trading program has no effect on set a deadline for divestiture in case the
Large electricity generating units in the CSAPR SO2 Group 2 Trading reallocation of widow rockfish puts any
Kansas are subject to a CSAPR Federal Program as applied to Kansas units, and QS permit owner over an accumulation
Implementation Plan (FIP) that requires the FIP requiring the units to participate limit, and remove the daily vessel limit
the units to participate in the Federal in that program remains in place. for widow rockfish since it is no longer
CSAPR NOX Annual Trading Program.2 an overfished species.
List of Subjects in 40 CFR Part 52
1 Federal Implementation Plans; Interstate DATES: Comments on this proposed rule
Transport of Fine Particulate Matter and Ozone and Environmental protection, Air must be received on or before July 29,
mstockstill on DSK3G9T082PROD with PROPOSALS
Correction of SIP Approvals, 76 FR 48208 (August pollution control, Carbon monoxide, 2016.
8, 2011), (codified as amended at 40 CFR 52.38 and
52.39 and subparts AAAAA through DDDDD of 40
Incorporation by reference, ADDRESSES: You may submit comments
CFR part 97). Intergovernmental relations, Lead, on this document, identified by NOAA–
2 EPA has proposed to replace the terms Nitrogen dioxide, Ozone, Particulate NMFS–2016–0037, by any of the
‘‘Transport Rule’’ and ‘‘TR’’ in the text of the Code matter, Reporting and recordkeeping following methods:
of Federal Regulations with the updated terms
‘‘Cross-State Air Pollution Rule’’ and ‘‘CSAPR.’’ 80
requirements, Sulfur oxides, Volatile • Electronic Submission: Submit all
FR 75706, 75759 (December 3, 2015). EPA uses the organic compounds. electronic public comments via the
updated terms here. Federal e-Rulemaking Portal. Go to
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Document Created: 2018-02-08 07:42:54
Document Modified: 2018-02-08 07:42:54
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received by July 29, 2016. | |
| Contact | Mr. Larry Gonzalez, Air Planning and Development Branch, Air and Waste Management Division, EPA Region 7, 11201 Renner Boulevard, Lenexa, KS 66219; telephone number: (913) 551- | |
| FR Citation | 81 FR 42294 | |
| 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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