81 FR 47034 - Approval and Promulgation of Air Quality Implementation Plans; State of Kansas; 2015 Kansas State Implementation Plan for the 2008 Lead Standard
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 139 (July 20, 2016)
Federal Register Volume 81, Issue 139 (July 20, 2016)
| Page Range | 47034-47036 | |
| FR Document | 2016-17065 |
[Federal Register Volume 81, Number 139 (Wednesday, July 20, 2016)] [Rules and Regulations] [Pages 47034-47036] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-17065] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2015-0708; FRL 9949-13-Region 7] Approval and Promulgation of Air Quality Implementation Plans; State of Kansas; 2015 Kansas State Implementation Plan for the 2008 Lead Standard AGENCY: Environmental Protection Agency. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve a revision to the State Implementation Plan (SIP) for the State of Kansas. This final action will approve Kansas' SIP for the lead National Ambient Air Quality Standard (NAAQS) nonattainment area of Salina, Saline County, Kansas, received by EPA on February 25, 2015. EPA proposed approval of this plan on February 29, 2016. The applicable standard addressed in this action is the lead NAAQS promulgated by EPA in 2008. EPA believes that the SIP submitted by the state satisfies the applicable requirements of the Clean Air Act (CAA) identified in EPA's Final Rule published in the Federal Register on October 15, 2008, and will bring the designated portions of Salina, Kansas, into attainment of the 0.15 microgram per cubic meter (ug/m\3\) lead NAAQS. DATES: This final rule is effective on August 19, 2016. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R07-OAR-2015-0708. All documents in the docket are listed on the http://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 through www.regulations.gov or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional information. FOR FURTHER INFORMATION CONTACT: Stephanie Doolan, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at (913) 551-7719, or by email at [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or ``our'' refer to EPA. Table of Contents I. What is being addressed in this document? II. Have the requirements for the approval of a SIP revision been met? III. EPA's Response to Comments IV. What action is EPA taking? I. What is being addressed in this document? In this document, EPA is granting final approval of Kansas' attainment demonstration SIP for the lead NAAQS nonattainment area in portions of Salina, Saline County, Kansas. The applicable standard addressed in this action is the lead NAAQS promulgated by EPA in 2008. EPA believes that the SIP submitted by the state satisfies the applicable requirements of the CAA identified in EPA's Final Rule (73 FR 66964, October 15, 2008), and will bring the area into attainment of the 0.15 microgram per cubic meter (ug/m\3\) lead NAAQS. EPA's proposal containing the background information for this action can be found at 81 FR 10162, February 29, 2016. II. Have the requirements for the 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, the revision meets the substantive SIP requirements of the CAA, including section 110 and implementing regulations. III. EPA's Response to Comments The public comment period on EPA's proposed rule opened February 29, 2016, the date of its publication in the Federal Register, and closed on March 30, 2016. During this period, EPA received one comment letter from Exide Technologies, dated March 23, 2016. The comment letter contained one comment regarding EPA's process description in section V.A.1 of the proposal which states: ``The Exide facility in Salina, Kansas, manufactures lead acid batteries for automobiles, trucks, and watercraft. Lead emissions result from breaking open used batteries, re-melting the lead and reformulating new batteries.'' Exide commented that EPA is in error regarding the description of the facility's processes; the Exide Salina, Kansas, facility does not break open used [[Page 47035]] batteries, but rather, the facility maufactures new batteries at this location. EPA agrees with this comment. EPA misunderstood this portion of the facility operations. This comment does not substantively impact the decision to approve the attainment SIP, and EPA is therefore not changing its proposed action based on this comment. IV. What action is EPA taking? EPA is taking final action to amend the Kansas SIP to approve Kansas' attainment demonstration SIP for the 2008 lead NAAQS. The applicable standard addressed in this action is the lead NAAQS promulgated by EPA in 2008 (73 FR 66964). Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of the EPA- Approved Kansas Source-Specific Requirements. Therefore, these materials have been approved by EPA for inclusion in the State implementation plan, have been incorporated by reference by EPA into that plan, are fully Federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.\1\ EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). --------------------------------------------------------------------------- \1\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). The SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by September 19, 2016. Filing a petition for reconsideration by the Administrator of this rule does not affect the finality of this rulemaking 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 future 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: July 8, 2016. Mark Hague, 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: 0 a. The table in paragraph (d) is amended by adding an entry ``(5)'' at the end of the table; and 0 b. The table in paragraph (e) is amended by adding an entry ``(43)'' at the end of the table. The additions read as follows: Sec. 52.870 Identification of plan. (d) * * * [[Page 47036]] EPA-Approved Kansas Source-Specific Requirements ---------------------------------------------------------------------------------------------------------------- Permit or case State Name of source No. effective date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * (5) Exide Technologies........ 1690035 8/18/14 7/20/16, [Insert ...................... Federal Register citation]. ---------------------------------------------------------------------------------------------------------------- * * * * * (e) * * * EPA-Approved Kansas Nonregulatory Provisions ---------------------------------------------------------------------------------------------------------------- Applicable Name of nonregulatory SIP geographic or State EPA approval date Explanation provision nonattainment area submittal date ---------------------------------------------------------------------------------------------------------------- * * * * * * * (43) Attainment plan for 2008 Salina............. 2/3/15 7/20/16, [Insert [EPA-R07-OAR-2015-07 lead NAAQS. Federal Register 08; 9949-13-Region citation]. 7]. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2016-17065 Filed 7-19-16; 8:45 am] BILLING CODE 6560-50-P
![47034 Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Rules and Regulations
STATE OF OREGON AIR QUALITY CONTROL PROGRAM—Continued
State EPA
SIP citation Title/subject Explanation
effective date approval date
4.60, 9/9/2005 ........................ 4.60, 6/19/2006, 71 FR 35159 4.60 Lakeview PM10 Mainte-
nance Plan.
4.61, 9/26/2011 ...................... 4.61, 4/11/2013, 78 FR 21547 4.61 Eugene-Springfield PM10
Limited Maintenance Plan.
4.62, 12/12/2012 .................... 4.62, 6/6/2016, 81 FR 36178 4.62, Klamath Falls PM2.5 At-
tainment Plan.
4.63, 4/16/2015 ...................... 4.63, 7/28/2015, 80 FR 44867 4.63 Grants Pass Second 10-
Year Carbon Monoxide
Limited Maintenance Plan.
4.64, 4/16/2015 ...................... 4.64, 7/30/2015 80 FR 45435 4.64 Grants Pass Second 10-
Year PM10 Limited Mainte-
nance Plan.
4.65, 12/11/2015 .................... 4.65 7/20/2016 [Insert Fed- 4.65 Medford Second 10-
eral Register citation]. Year Carbon Monoxide
Limited Maintenance Plan.
* * * * * * *
* * * * * ADDRESSES: EPA has established a by EPA in 2008. EPA believes that the
[FR Doc. 2016–17060 Filed 7–19–16; 8:45 am] docket for this action under Docket ID SIP submitted by the state satisfies the
BILLING CODE 6560–50–P No. EPA–R07–OAR–2015–0708. All applicable requirements of the CAA
documents in the docket are listed on identified in EPA’s Final Rule (73 FR
the http://www.regulations.gov Web 66964, October 15, 2008), and will bring
ENVIRONMENTAL PROTECTION site. Although listed in the index, some the area into attainment of the 0.15
AGENCY information is not publicly available, microgram per cubic meter (ug/m3) lead
i.e., CBI or other information whose NAAQS. EPA’s proposal containing the
40 CFR Part 52 disclosure is restricted by statute. background information for this action
[EPA–R07–OAR–2015–0708; FRL 9949–13– Certain other material, such as can be found at 81 FR 10162, February
Region 7] copyrighted material, is not placed on 29, 2016.
the Internet and will be publicly
Approval and Promulgation of Air II. Have the requirements for the
available only in hard copy form.
Quality Implementation Plans; State of approval of a SIP revision been met?
Publicly available docket materials are
Kansas; 2015 Kansas State available through www.regulations.gov The state submission has met the
Implementation Plan for the 2008 Lead or please contact the person identified public notice requirements for SIP
Standard in the FOR FURTHER INFORMATION submissions in accordance with 40 CFR
AGENCY: Environmental Protection CONTACT section for additional 51.102. The submission also satisfied
Agency. information. the completeness criteria of 40 CFR part
ACTION: Final rule. 51, appendix V. In addition, the revision
FOR FURTHER INFORMATION CONTACT:
meets the substantive SIP requirements
Stephanie Doolan, Environmental
SUMMARY: The Environmental Protection of the CAA, including section 110 and
Protection Agency, Air Planning and
Agency (EPA) is taking final action to implementing regulations.
Development Branch, 11201 Renner
approve a revision to the State
Boulevard, Lenexa, Kansas 66219 at III. EPA’s Response to Comments
Implementation Plan (SIP) for the State
(913) 551–7719, or by email at The public comment period on EPA’s
of Kansas. This final action will approve
doolan.stephanie@epa.gov. proposed rule opened February 29,
Kansas’ SIP for the lead National
Ambient Air Quality Standard (NAAQS) SUPPLEMENTARY INFORMATION: 2016, the date of its publication in the
nonattainment area of Salina, Saline Throughout this document ‘‘we,’’ ‘‘us,’’ Federal Register, and closed on March
County, Kansas, received by EPA on or ‘‘our’’ refer to EPA. 30, 2016. During this period, EPA
February 25, 2015. EPA proposed Table of Contents received one comment letter from Exide
approval of this plan on February 29, Technologies, dated March 23, 2016.
2016. The applicable standard I. What is being addressed in this document? The comment letter contained one
II. Have the requirements for the approval of comment regarding EPA’s process
addressed in this action is the lead a SIP revision been met?
NAAQS promulgated by EPA in 2008. III. EPA’s Response to Comments
description in section V.A.1 of the
EPA believes that the SIP submitted by IV. What action is EPA taking? proposal which states:
the state satisfies the applicable ‘‘The Exide facility in Salina, Kansas,
requirements of the Clean Air Act (CAA) I. What is being addressed in this manufactures lead acid batteries for
identified in EPA’s Final Rule published document? automobiles, trucks, and watercraft. Lead
in the Federal Register on October 15, In this document, EPA is granting emissions result from breaking open used
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2008, and will bring the designated final approval of Kansas’ attainment batteries, re-melting the lead and
portions of Salina, Kansas, into reformulating new batteries.’’
demonstration SIP for the lead NAAQS
attainment of the 0.15 microgram per nonattainment area in portions of Exide commented that EPA is in error
cubic meter (ug/m3) lead NAAQS. Salina, Saline County, Kansas. The regarding the description of the facility’s
DATES: This final rule is effective on applicable standard addressed in this processes; the Exide Salina, Kansas,
August 19, 2016. action is the lead NAAQS promulgated facility does not break open used
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![47036 Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Rules and Regulations
EPA-APPROVED KANSAS SOURCE-SPECIFIC REQUIREMENTS
Permit or case State EPA
Name of source Explanation
No. effective date approval date
* * * * * * *
(5) Exide Technologies ................... 1690035 8/18/14 7/20/16, [Insert Federal Register
citation].
* * * * * (e) * * *
EPA-APPROVED KANSAS NONREGULATORY PROVISIONS
Applicable State
Name of nonregulatory geographic or EPA
submittal Explanation
SIP provision nonattainment approval date
date
area
* * * * * * *
(43) Attainment plan for 2008 lead Salina ............. 2/3/15 7/20/16, [Insert Federal Register [EPA–R07–OAR–2015–0708;
NAAQS. citation]. 9949–13–Region 7].
[FR Doc. 2016–17065 Filed 7–19–16; 8:45 am] online instructions for submitting Organization of this document. The
BILLING CODE 6560–50–P comments. Once submitted, comments following outline is provided to aid in
cannot be edited or removed from locating information in this preamble.
Regulations.gov. For either manner of I. Background
ENVIRONMENTAL PROTECTION submission, the EPA may publish any II. Requirements for the Regional Haze
AGENCY comments received to its public docket. Progress Report SIPs and Adequacy
Do not submit electronically any Determinations
40 CFR Part 52 information you consider to be III. EPA’s Evaluation of Rhode Island’s SIP
[EPA–R01–OAR–2015–0015; A–1–FRL– Confidential Business Information (CBI) Revision
9949–17–Region 1] or other information whose disclosure is A. Regional Haze Progress Report
restricted by statute. Multimedia B. Determination of Adequacy of Existing
Air Plan Approval; RI; Regional Haze Regional Haze Plan
submissions (audio, video, etc.) must be IV. Final Action
Five Year Progress Report accompanied by a written comment. V. Statutory and Executive Order Reviews
AGENCY: Environmental Protection The written comment is considered the
official comment and should include I. Background
Agency (EPA).
discussion of all points you wish to States are required to submit a
ACTION: Direct final rule.
make. The EPA will generally not progress report in the form of a SIP
SUMMARY: The Environmental Protection consider comments or comment revision every five years which
Agency (EPA) is approving a State contents located outside of the primary evaluates progress towards the
Implementation Plan (SIP) revision submission (i.e., on the Web, cloud, or Reasonable Progress Goals (RPGs) for
submitted by the State of Rhode Island other file sharing system). For each mandatory Class I Federal area
on January 7, 2015. This SIP revision additional submission methods, please (Class I area) 1 within the state and each
includes Rhode Island’s regional haze contact the person identified in the FOR Class I area outside of the State which
progress report and adequacy FURTHER INFORMATION CONTACT section. may be affected by emissions from
determination for the first regional haze For the full EPA public comment policy, within the state. See 40 CFR 51.308(g).
implementation period. This action is information about CBI or multimedia States are also required to submit, at the
being taken under the Clean Air Act submissions, and general guidance on same time as the progress report, a
(CAA). making effective comments, please visit determination of the adequacy of the
https://www.epa.gov/dockets/ state’s existing SIP. See 40 CFR
DATES: This direct final rule will be commenting-epa-dockets.
effective September 19, 2016, unless 51.308(h). The first progress report is
EPA receives adverse comments by FOR FURTHER INFORMATION CONTACT: due five years after submittal of the
August 19, 2016. If adverse comments Anne K. McWilliams, Air Quality initial regional haze SIP. On August 7,
are received, EPA will publish a timely Planning Unit, U.S. Environmental 2009, Rhode Island submitted the
withdrawal of the direct final rule in the Protection Agency, New England State’s first Regional Haze SIP in
Federal Register informing the public Regional Office, 5 Post Office Square— accordance with the requirements of 40
that the rule will not take effect. Suite 100, (Mail code OEP05–2), Boston, CFR 51.308.2
MA 02109—3912, telephone (617) 918–
ADDRESSES: Submit your comments,
rmajette on DSK2TPTVN1PROD with RULES
1 Areas designated as mandatory Class I Federal
1697, facsimile (617) 918–0697, email
identified by Docket ID Number EPA– areas consist of national parks exceeding 6000
mcwilliams.anne@epa.gov.
R01–OAR–2015–0015 by one of the acres, wilderness areas and national memorial parks
following methods at SUPPLEMENTARY INFORMATION: exceeding 5000 acres, and all international parks
that were in existence on August 7, 1977 (42 U.S.C.
www.regulations.gov, or via email to Throughout this document whenever 7472(a)).
arnold.anne@epa.gov. For comments ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 2 On May 22, 2012, EPA approved Rhode Island’s
submitted at Regulations.gov, follow the EPA. August 7, 2009 Regional Haze SIP to address the
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Document Created: 2018-02-08 07:56:48
Document Modified: 2018-02-08 07:56:48
| 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 on August 19, 2016. | |
| Contact | Stephanie Doolan, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at (913) 551-7719, or by email at [email protected] | |
| FR Citation | 81 FR 47034 | |
| 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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