81 FR 44830 - Approval and Promulgation of Implementation Plans; State of Kansas; Infrastructure SIP Requirements for the 2012 Annual Fine Particulate Matter (PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 132 (July 11, 2016)
Federal Register Volume 81, Issue 132 (July 11, 2016)
| Page Range | 44830-44831 | |
| FR Document | 2016-16259 |
[Federal Register Volume 81, Number 132 (Monday, July 11, 2016)] [Proposed Rules] [Pages 44830-44831] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-16259] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2016-0313; FRL-9948-83-Region 7] Approval and Promulgation of Implementation Plans; State of Kansas; Infrastructure SIP Requirements for the 2012 Annual Fine Particulate Matter (PM2.5) National Ambient Air Quality Standards (NAAQS) AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve elements 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 2012 annual PM2.5 NAAQS. Section 110 requires that each state adopt and submit a SIP to support the implementation, maintenance, and enforcement of each new or revised NAAQS promulgated by the 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: Comments must be received on or before August 10, 2016. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07- OAR-2016-0313, 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 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: Heather Hamilton, Air Planning and Development Branch, U.S. Environmental Protection Agency, Region 7, 11201 Renner Boulevard, Lenexa, KS 66219 at (913) 551-7039, or by email at hamilton.heather@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we refer to EPA. A detailed technical support document (TSD) is included in this rulemaking docket to address the following: a description of CAA section 110(a)(1) and (2) infrastructure SIPs; the applicable elements under sections 110(a)(1) and (2); EPA's approach to the review of infrastructure SIP submissions, and EPA's evaluation of how Kansas addressed the relevant elements of sections 110(a)(1) and (2). This section provides additional information by addressing the following questions: I. What is being addressed in this document? II. Have the requirements for approval of a SIP revision been met? III. What action is EPA taking? I. What is being addressed in this document? EPA is proposing to approve the infrastructure SIP submission received from the State of Kansas on November 25, 2015. The infrastructure SIP submission addresses the requirements of CAA sections 110(a)(1) and (2) as applicable to the 2012 annual PM2.5 NAAQS. A TSD is included as part of the docket to discuss the details of this proposal, including an analysis of how the SIP meets the applicable 110 requirements for infrastructure SIPs. II. Have the requirements for approval of a SIP revision been met? The state submission has met the public notice requirements for SIP submissions in accordance with 40 CFR 51.102. The submission also satisfied the completeness criteria of 40 CFR part 51, appendix V. In addition, as explained above and in more detail in the TSD which is part of this docket, the revision meets the substantive SIP requirements of the CAA, including section 110 and implementing regulations. III. What action is EPA taking? EPA is proposing to approve the November 25, 2015, infrastructure SIP submission from the State of Kansas which addresses the requirements of CAA sections 110(a)(1) and (2) as applicable to the 2012 annual PM2.5 NAAQS. The EPA's analysis of the submission is addressed in a TSD as part of the docket to discuss the proposal. Based upon review of the state's infrastructure SIP submissions and relevant statutory and regulatory authorities and provisions referenced in those submissions or referenced in Kansas' SIP, EPA believes that Kansas' SIP will meet all applicable required elements of sections 110(a)(1) and (2) with respect to the 2012 annual PM2.5 NAAQS. We are processing this as a proposed action because we are soliciting comments on this proposed action. Final rulemaking will occur after consideration of any comments. [[Page 44831]] 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 CAA 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 proposed action:Is not a ``significant regulatory action'' under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is therefore not subject to review under Executive Orders 12866 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). V. Statutory Authority The statutory authority for this section is provided by section 110 of the CAA, as amended (42 U.S.C. 7410). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements. Dated: June 22, 2016. Mark Hague, Regional Administrator, Region 7. For the reasons stated in the preamble, EPA proposes to amend 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 ``(43) Section 110(a)(2) Infrastructure Requirements for the 2012 PM 2.5 NAAQS'' in numerical order to read as follows: Sec. 52.870 Identification of plan. * * * * * (e) * * * EPA-Approved Kansas Nonregulatory Provisions ---------------------------------------------------------------------------------------------------------------- Applicable geographic Name of nonregulatory SIP area or nonattainment State EPA approval date Explanation provision area submittal date ---------------------------------------------------------------------------------------------------------------- * * * * * * * (43) Section 110(a)(2) Statewide............. 11/16/2015 07/11/2016, This action Infrastructure Requirements for [Insert Federal addresses the the 2012 PM2.5 NAAQS. Register following CAA citation]. elements 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M). ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2016-16259 Filed 7-8-16; 8:45 am] BILLING CODE 6560-50-P
![44830 Federal Register / Vol. 81, No. 132 / Monday, July 11, 2016 / Proposed Rules
Dated: June 30, 2016. elements of a State Implementation Plan submissions, and EPA’s evaluation of
Jeffrey Martin, (SIP) submission from the State of how Kansas addressed the relevant
Office Program Manager, Office of Regulation Kansas addressing the applicable elements of sections 110(a)(1) and (2).
Policy & Management, Office of the Secretary, requirements of Clean Air Act (CAA) This section provides additional
Department of Veterans Affairs. section 110 for the 2012 annual PM2.5 information by addressing the following
NAAQS. Section 110 requires that each questions:
List of Subjects in 38 CFR Part 38
state adopt and submit a SIP to support I. What is being addressed in this document?
Administrative practice and the implementation, maintenance, and II. Have the requirements for approval of a
procedure, Cemeteries, Claims, Crime, enforcement of each new or revised SIP revision been met?
Veterans. NAAQS promulgated by the EPA. These III. What action is EPA taking?
For the reasons set out in the SIPs are commonly referred to as
‘‘infrastructure’’ SIPs. The infrastructure I. What is being addressed in this
preamble, VA proposes to amend 38
requirements are designed to ensure that document?
CFR part 38 as follows:
the structural components of each EPA is proposing to approve the
PART 38—NATIONAL CEMETERIES state’s air quality management program infrastructure SIP submission received
OF THE DEPARTMENT OF VETERANS are adequate to meet the state’s from the State of Kansas on November
AFFAIRS responsibilities under the CAA. 25, 2015. The infrastructure SIP
DATES: Comments must be received on submission addresses the requirements
■ 1. Revise the authority citation for part or before August 10, 2016.
38 to read as follows: of CAA sections 110(a)(1) and (2) as
ADDRESSES: Submit your comments, applicable to the 2012 annual PM2.5
Authority: 38 U.S.C. 107, 501, 512, 2306, identified by Docket ID No. EPA–R07– NAAQS. A TSD is included as part of
2402, 2403, 2404, 2407, 2408, 2411, 7105. OAR–2016–0313, to http:// the docket to discuss the details of this
■ 2. In § 38.603, revise paragraph (b) www.regulations.gov. Follow the online proposal, including an analysis of how
and add an authority citaiton to read as instructions for submitting comments. the SIP meets the applicable 110
follows: Once submitted, comments cannot be requirements for infrastructure SIPs.
edited or removed from Regulations.gov.
§ 38.603 Gifts and donations. The EPA may publish any comment II. Have the requirements for approval
* * * * * received to its public docket. Do not of a SIP revision been met?
(b) The Under Secretary of Memorial submit electronically any information The state submission has met the
Affairs, or his designee, may solicit gifts you consider to be Confidential public notice requirements for SIP
and donations, which include monetary Business Information (CBI) or other submissions in accordance with 40 CFR
donations, in-kind goods and services, information whose disclosure is 51.102. The submission also satisfied
and personal property, or authorize the restricted by statute. Multimedia the completeness criteria of 40 CFR part
use of their names, the name of the submissions (audio, video, etc.) must be 51, appendix V. In addition, as
Secretary, or the name of the accompanied by a written comment. explained above and in more detail in
Department of Veterans Affairs by an The written comment is considered the the TSD which is part of this docket, the
individual or organization in any official comment and should include revision meets the substantive SIP
campaign or drive for donation of discussion of all points you wish to requirements of the CAA, including
money or articles to the Department of make. The EPA will generally not section 110 and implementing
Veterans Affairs for the purpose of consider comments or comment regulations.
beautifying, or for the benefit of, one or contents located outside of the primary
more national cemeteries. submission (i.e. on the web, cloud, or III. What action is EPA taking?
(Authority: 38 U.S.C. 2407) other file sharing system). For
additional submission methods, the full EPA is proposing to approve the
[FR Doc. 2016–16232 Filed 7–8–16; 8:45 am]
EPA public comment policy, November 25, 2015, infrastructure SIP
BILLING CODE 8320–01–P
information about CBI or multimedia submission from the State of Kansas
submissions, and general guidance on which addresses the requirements of
making effective comments, please visit CAA sections 110(a)(1) and (2) as
ENVIRONMENTAL PROTECTION http://www2.epa.gov/dockets/ applicable to the 2012 annual PM2.5
AGENCY commenting-epa-dockets. NAAQS. The EPA’s analysis of the
submission is addressed in a TSD as
FOR FURTHER INFORMATION CONTACT:
40 CFR Part 52 part of the docket to discuss the
Heather Hamilton, Air Planning and
[EPA–R07–OAR–2016–0313; FRL–9948–83– proposal.
Development Branch, U.S.
Region 7] Environmental Protection Agency, Based upon review of the state’s
Region 7, 11201 Renner Boulevard, infrastructure SIP submissions and
Approval and Promulgation of Lenexa, KS 66219 at (913) 551–7039, or relevant statutory and regulatory
Implementation Plans; State of by email at hamilton.heather@epa.gov. authorities and provisions referenced in
Kansas; Infrastructure SIP those submissions or referenced in
SUPPLEMENTARY INFORMATION:
Requirements for the 2012 Annual Fine Kansas’ SIP, EPA believes that Kansas’
Throughout this document whenever
Particulate Matter (PM2.5) National SIP will meet all applicable required
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we refer
Ambient Air Quality Standards elements of sections 110(a)(1) and (2)
to EPA. A detailed technical support
ehiers on DSK5VPTVN1PROD with PROPOSALS
(NAAQS) with respect to the 2012 annual PM2.5
document (TSD) is included in this
AGENCY: Environmental Protection rulemaking docket to address the NAAQS.
Agency (EPA). following: a description of CAA section We are processing this as a proposed
ACTION: Proposed rule. 110(a)(1) and (2) infrastructure SIPs; the action because we are soliciting
applicable elements under sections comments on this proposed action.
SUMMARY: The Environmental Protection 110(a)(1) and (2); EPA’s approach to the Final rulemaking will occur after
Agency (EPA) is proposing to approve review of infrastructure SIP consideration of any comments.
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![Federal Register / Vol. 81, No. 132 / Monday, July 11, 2016 / Proposed Rules 44831
IV. Statutory and Executive Order • Does not have Federalism V. Statutory Authority
Review implications as specified in Executive The statutory authority for this
Order 13132 (64 FR 43255, August 10, section is provided by section 110 of the
Under the CAA, the Administrator is
1999); CAA, as amended (42 U.S.C. 7410).
required to approve a SIP submission
that complies with the provisions of the • Is not an economically significant
List of Subjects in 40 CFR Part 52
CAA and applicable Federal regulations. regulatory action based on health or
42 U.S.C. 7410(k); 40 CFR 52.02(a). safety risks subject to Executive Order Environmental protection, Air
Thus, in reviewing SIP submissions, 13045 (62 FR 19885, April 23, 1997); pollution control, Incorporation by
EPA’s role is to approve state choices, reference, Intergovernmental relations,
• Is not a significant regulatory action Particulate matter, Reporting and
provided that they meet the criteria of subject to Executive Order 13211 (66 FR
the CAA. Accordingly, this action recordkeeping requirements.
28355, May 22, 2001);
merely approves state law as meeting Dated: June 22, 2016.
Federal requirements and does not • Is not subject to requirements of Mark Hague,
impose additional requirements beyond section 12(d) of the National
Regional Administrator, Region 7.
those imposed by state law. For that Technology Transfer and Advancement
reason, this proposed action: Act of 1995 (15 U.S.C. 272 note) because For the reasons stated in the
application of those requirements would preamble, EPA proposes to amend 40
• Is not a ‘‘significant regulatory CFR part 52 as set forth below:
action’’ under the terms of Executive be inconsistent with the CAA; and
Order 12866 (58 FR 51735, October 4, • Does not provide EPA with the PART 52—APPROVAL AND
1993) and is therefore not subject to discretionary authority to address, as PROMULGATION OF
review under Executive Orders 12866 appropriate, disproportionate human IMPLEMENTATION PLANS
and 13563 (76 FR 3821, January 21, health or environmental effects, using
2011); practicable and legally permissible ■ 1. The authority citation for part 52
• Does not impose an information methods, under Executive Order 12898 continues to read as follows:
collection burden under the provisions (59 FR 7629, February 16, 1994). Authority: 42 U.S.C. 7401 et seq.
of the Paperwork Reduction Act (44 The SIP is not approved to apply on
U.S.C. 3501 et seq.); Subpart R—Kansas
any Indian reservation land or in any
• Is certified as not having a other area where EPA or an Indian tribe ■ 2. In § 52.870, the table in paragraph
significant economic impact on a has demonstrated that a tribe has (e) is amended by adding the entry ‘‘(43)
substantial number of small entities jurisdiction. In those areas of Indian Section 110(a)(2) Infrastructure
under the Regulatory Flexibility Act (5 country, the rule does not have tribal Requirements for the 2012 PM2.5
U.S.C. 601 et seq.); NAAQS’’ in numerical order to read as
implications and will not impose
• Does not contain any unfunded substantial direct costs on tribal follows:
mandate or significantly or uniquely governments or preempt tribal law as
affect small governments, as described § 52.870 Identification of plan.
specified by Executive Order 13175 (65
in the Unfunded Mandates Reform Act * * * * *
FR 67249, November 9, 2000).
of 1995 (Pub. L. 104–4); (e) * * *
EPA-APPROVED KANSAS NONREGULATORY PROVISIONS
Applicable
Name of geographic State submittal
nonregulatory area or EPA approval date Explanation
date
SIP provision nonattainment
area
* * * * * * *
(43) Section 110(a)(2) Infrastructure Re- Statewide ........ 11/16/2015 07/11/2016, [Insert This action addresses the following CAA
quirements for the 2012 PM2.5 NAAQS. Federal Register elements 110(a)(2)(A), (B), (C), (D),
citation]. (E), (F), (G), (H), (J), (K), (L), and (M).
[FR Doc. 2016–16259 Filed 7–8–16; 8:45 am] ENVIRONMENTAL PROTECTION SUMMARY: The Environmental Protection
BILLING CODE 6560–50–P AGENCY Agency (EPA) is proposing to
conditionally approve the portions of
40 CFR Part 52 revisions to the Georgia State
Implementation Plan (SIP), submitted
[EPA–R04–OAR–2016–0315; FRL–9948–67– by the Georgia Department of Natural
Region 4] Resources (DNR), Environmental
Protection Division (GAEPD),
ehiers on DSK5VPTVN1PROD with PROPOSALS
Air Plan Approval; Georgia; Prong 4– addressing the Clean Air Act (CAA or
2008 Ozone, 2010 NO2, SO2, and 2012 Act) visibility transport (prong 4)
PM2.5
infrastructure SIP requirements for the
AGENCY: Environmental Protection 2008 8-hour Ozone, 2010 1-hour
Agency. Nitrogen Dioxide (NO2), 2010 1-hour
Sulfur Dioxide (SO2), and 2012 annual
ACTION: Proposed rule.
Fine Particulate Matter (PM2.5) National
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Document Created: 2016-07-09 00:21:25
Document Modified: 2016-07-09 00:21:25
| 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 on or before August 10, 2016. | |
| Contact | Heather Hamilton, Air Planning and Development Branch, U.S. Environmental Protection Agency, Region 7, 11201 Renner Boulevard, Lenexa, KS 66219 at (913) 551-7039, or by email at [email protected] | |
| FR Citation | 81 FR 44830 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Reporting and Recordkeeping Requirements |
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