Rule2021-16759
Interstate Transport Prongs 1 and 2 for the 2010 Sulfur Dioxide (SO2) Standard for Kansas and Nebraska
Primary source
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Published
August 11, 2021
Effective
September 10, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to approve State Implementation Plan (SIP) submissions from Kansas and Nebraska addressing the Clean Air Act (CAA or Act) interstate transport SIP requirements for the 2010 Sulfur Dioxide (SO<INF>2</INF>) National Ambient Air Quality Standards (NAAQS). These submissions address the requirement that each SIP contain adequate provisions prohibiting air emissions that will have certain adverse air quality effects in other states. The EPA is approving portions of these infrastructure SIPs for the aforementioned states as containing adequate provisions to ensure that air emissions in the states will not significantly contribute to nonattainment or interfere with maintenance of the 2010 SO<INF>2</INF> NAAQS in any other state.
Full Text
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<title>Federal Register, Volume 86 Issue 152 (Wednesday, August 11, 2021)</title>
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[Federal Register Volume 86, Number 152 (Wednesday, August 11, 2021)]
[Rules and Regulations]
[Pages 43960-43962]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16759]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2021-0365; FRL-8705-02-R7]
Interstate Transport Prongs 1 and 2 for the 2010 Sulfur Dioxide
(SO2) Standard for Kansas and Nebraska
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve State Implementation Plan (SIP) submissions from
Kansas and Nebraska addressing the Clean Air Act (CAA or Act)
interstate transport SIP requirements for the 2010 Sulfur Dioxide
(SO<INF>2</INF>) National Ambient Air Quality Standards (NAAQS). These
submissions address the requirement that each SIP contain adequate
provisions prohibiting air emissions that will have certain adverse air
quality effects in other states. The EPA is approving portions of these
infrastructure SIPs for the aforementioned states as containing
adequate provisions to ensure that air emissions in the states will not
significantly contribute to nonattainment or interfere with maintenance
of the 2010 SO<INF>2</INF> NAAQS in any other state.
DATES: This final rule is effective on September 10, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2021-0365. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in
the index, some information may not be publicly available, i.e.,
Confidential Business Information 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 <a href="http://www.regulations.gov">www.regulations.gov</a> or in hard
copy at the Atmospheric Programs Section, Air Quality Planning Branch,
Air and Radiation Division, U.S. Environmental Protection Agency,
Region 7, 11201 Renner Boulevard, Lenexa, Kansas 66219. The EPA
requests that if at all possible, you contact the person listed in the
FOR FURTHER INFORMATION CONTACT section to schedule your inspection.
The Regional Office's official hours of business are Monday through
Friday 8:30 a.m. to 4:30 p.m., excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Ashley Keas, Environmental Protection
Agency, Region 7 Office, Air Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at (913) 551-7629, or by email at
<a href="/cdn-cgi/l/email-protection#741f1115075a15071c18110d341104155a131b02"><span class="__cf_email__" data-cfemail="3b505e5a48155a4853575e427b5e4b5a155c544d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA.
Table of Contents
I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revisions been met?
III. What are the actions the EPA is taking?
IV. Statutory and Executive Order Reviews
I. What is being addressed in this document?
In this action, the EPA is approving the prong 1 and prong 2
portions of infrastructure SIP submissions submitted by Kansas on April
7, 2020, and Nebraska on October 27, 2020, as demonstrating that the
SIP contains adequate provisions to ensure that air emissions from
sources in these states will not significantly contribute to
nonattainment or interfere with maintenance of the 2010 SO<INF>2</INF>
NAAQS in any other state or each other. All other applicable
infrastructure SIP requirements for these SIP submissions are addressed
in separate rulemakings.
As discussed in Section IV of the proposed action (see 86 FR
31645), the EPA first reviewed each state's analysis to assess how the
state evaluated the transport of SO<INF>2</INF> to other states, the
types of information used in the analysis and the conclusions drawn by
the state. The EPA then conducted a weight of evidence analysis,
including review of each state's submission and other available
information, including air quality, emission sources and emission
trends within the state and in bordering states to which it could
potentially contribute or interfere.\1\ Please see the EPA's proposed
rule for the full analysis of the state submittals.
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\1\ This approval action is based on the information contained
in the administrative record for this action and does not prejudge
any other future EPA action that may make other determinations
regarding any of the subject state's air quality status. Any such
future actions, such as area designations under any NAAQS, will be
based on their own administrative records and the EPA's analyses of
information that becomes available at those times. Future available
information may include, and is not limited to, monitoring data and
modeling analyses conducted pursuant to the EPA's SO<INF>2</INF>
Data Requirements Rule (80 FR 51052, August 21, 2015) and
information submitted to the EPA by states, air agencies, and third
party stakeholders such as citizen groups and industry
representatives.
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The public comment period on the EPA's proposed rule opened on June
15, 2021, the date of its publication in the Federal Register and
closed on July 15, 2021. During this period, the EPA received no
comments.
II. Have the requirements for approval of a SIP revision been met?
The State submissions have met the public notice requirements for
SIP submissions in accordance with 40 CFR 51.102. The submissions also
satisfied the completeness criteria of 40 CFR part 51, appendix V.
Kansas provided public notice on its SIP revision from January 16,
2020, to February 17, 2020, and received no comments. Nebraska provided
public notice on its SIP revision from September 14, 2020, to October
16, 2020, and received no comments. In addition, the revision meets the
substantive SIP requirements of the CAA, including section 110 and
implementing regulations.
III. What are the actions the EPA is taking?
The EPA is taking final action to approve the following submittals
as meeting the interstate transport requirements of CAA section
110(a)(2)(D)(i)(I) for the 2010 SO<INF>2</INF> NAAQS: Kansas' April 7,
2020 submittal and Nebraska's October 27, 2020 submittal. The EPA is
finalizing this approval based on our review of the information and
analysis provided by each state, as well as additional relevant
information, as detailed in the EPA's proposed rule, which indicates
that in-state air emissions will not contribute significantly to
nonattainment or interfere with maintenance of the 2010 SO<INF>2</INF>
NAAQS in any other state. This action is being taken under section 110
of the CAA.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, 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, the EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. Accordingly,
these proposed actions merely approve state law as meeting federal
requirements and do not impose additional requirements beyond those
[[Page 43961]]
imposed by state law. For that reason, these proposed actions:
<bullet> Are not significant regulatory actions subject to review
by the Office of Management and Budget under Executive Order 12866 (58
FR 51735, October 4, 1993);
<bullet> Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> Are 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.);
<bullet> Do 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);
<bullet> Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> Are 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 this action does not involve technical standards; and
<bullet> Do not provide the 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).
In addition, these SIPs are not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 12, 2021. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur dioxide,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 30, 2021.
Edward H. Chu,
Acting Regional Administrator, Region 7.
For the reasons stated in the preamble, the 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 an
entry for ``(46)'' in numerical order to read as follows:
Sec. 52.870 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Kansas Nonregulatory Provisions
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State
Name of nonregulatory SIP Applicable geographic submittal EPA approval date Explanation
provision or nonattainment area date
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* * * * * * * * *
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(46) Section Statewide.............. 4/7/2020 8/11/2021, [EPA-R07-OAR-2021-0365
110(a)(2)(D)(i)(I)--significan [Federal ; FRL-8705-02-Region
t contribution to Register 7]. This action
nonattainment (prong 1), and citation]. addresses the
interfering with maintenance following CAA
of the NAAQs (prong 2) elements:
(Interstate Transport) 110(a)(2)(D)(i)(I)--p
Infrastructure Requirements rongs 1 and 2.
for the 2010 SO2 NAAQS.
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Subpart CC--Nebraska
0
3. In Sec. 52.1420, the table in paragraph (e) is amended by adding an
entry for ``(37)'' in numerical order to read as follows:
Sec. 52.1420 Identification of plan.
* * * * *
(e) * * *
[[Page 43962]]
EPA-Approved Nebraska Nonregulatory Provisions
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State
Name of nonregulatory SIP Applicable geographic submittal EPA approval date Explanation
provision or nonattainment area date
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* * * * * * * * *
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(37) Section Statewide.............. 10/27/2020 8/11/2021, [EPA-R07-OAR-2021-0365
110(a)(2)(D)(i)(I)--significan [Federal ; FRL-8705-02-Region
t contribution to Register 7]. This action
nonattainment (prong 1), and citation]. addresses the
interfering with maintenance following CAA
of the NAAQs (prong 2) elements:
(Interstate Transport) 110(a)(2)(D)(i)(I)--p
Infrastructure Requirements rongs 1 and 2.
for the 2010 SO2 NAAQS.
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[FR Doc. 2021-16759 Filed 8-10-21; 8:45 am]
BILLING CODE 6560-50-P
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