Proposed Rule2025-14980
Air Plan Approval; State of Kansas; Attainment Redesignation for the 2008 Lead NAAQS and Associated Maintenance Plan
Primary source
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Published
August 7, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve the request to redesignate portions of Saline County, Salina, Kansas to attainment for the 2008 lead National Ambient Air Quality Standards (NAAQS). The EPA's proposed approval of the redesignation request is based on the determination that the Salina area has met the criteria for redesignation to attainment set forth in the Clean Air Act (CAA), including the determination that the area has attained the standard. Additionally, the EPA is proposing to approve the State's plan for maintaining the 2008 lead NAAQS in the Salina area for ten years beyond redesignation.
Full Text
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<title>Federal Register, Volume 90 Issue 150 (Thursday, August 7, 2025)</title>
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[Federal Register Volume 90, Number 150 (Thursday, August 7, 2025)]
[Proposed Rules]
[Pages 38095-38102]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-14980]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R07-OAR-2025-0693; FRL-12887-01-R7]
Air Plan Approval; State of Kansas; Attainment Redesignation for
the 2008 Lead NAAQS and Associated Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve the request to redesignate portions of Saline County, Salina,
Kansas to attainment for the 2008 lead National Ambient Air Quality
Standards (NAAQS). The EPA's proposed approval of the redesignation
request is based on the determination that the Salina area has met the
criteria for redesignation to attainment set forth in the Clean Air Act
(CAA), including the determination that the area has attained the
standard. Additionally, the EPA is proposing to approve the State's
plan for maintaining the 2008 lead NAAQS in the Salina area for ten
years beyond redesignation.
DATES: Comments must be received on or before September 8, 2025.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2025-0693 to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online
instructions for submitting comments. All submissions received must
include the Docket ID No. for this rulemaking. Comments received will
be posted without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any
personal information provided. For detailed instructions on sending
comments and additional information on the rulemaking process, see the
``Written Comments'' heading of the SUPPLEMENTARY INFORMATION section
of this document.
FOR FURTHER INFORMATION CONTACT: Jennifer Kissel, Environmental
Protection Agency, Region 7 Office, Air
[[Page 38096]]
and Radiation Division, 11201 Renner Boulevard, Lenexa, Kansas 66219;
telephone number: (913) 551-7982; email address: <a href="/cdn-cgi/l/email-protection#9bf0f2e8e8fef7b5f1fef5f5e2dbfeebfab5fcf4ed"><span class="__cf_email__" data-cfemail="c2a9abb1b1a7aeeca8a7acacbb82a7b2a3eca5adb4">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA. This section provides additional information
by addressing the following:
Table of Contents
I. Written Comments
II. What action is the EPA proposing to take?
III. Background for the EPA's Proposed Action
IV. Have the requirements for approval of a SIP revision been met?
V. The EPA's Analysis of the State's Request
a. Criteria (1)--The Area Has Attained the 2008 Lead NAAQS
b. Criteria (2)--The Area Has a Fully Approved SIP Under Section
110(k)
c. Criteria (3)--The Air Quality Improvement Is Due to Permanent
and Enforceable Reductions in Emissions Resulting From
Implementation of the Applicable SIP and Applicable Federal Air
Pollutant Control Regulations and Other Permanent Enforceable
Reductions
d. Criteria (4)--The Administrator Has Fully Approved a
Maintenance Plan for the Area as Meeting the Requirements of Section
175A
1. Attainment Emissions Inventory
2. Maintenance Demonstration
3. Monitoring Network
4. Verification of Continued Attainment
5. Contingency Plan
e. Criteria (5)--The Area Has Met All Applicable Requirements
Under Section 110 and Part D
VI. Summary of Proposed Action
VII. Incorporation by Reference
VIII. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2025-
0693, at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Once submitted, comments cannot
be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. 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 the
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
II. What action is the EPA proposing to take?
The EPA is proposing to approve the request submitted by the State
of Kansas (hereinafter referred to as the State) to redesignate the
Saline County, Salina, Kansas nonattainment area (hereinafter referred
to as Salina nonattainment area) to attainment for the 2008 lead NAAQS.
On March 20, 2025, the State submitted a redesignation request and
plan that demonstrates attainment of the 2008 lead NAAQS. Also included
in the submittal is an associated maintenance plan to ensure that the
area continues to attain the standard ten years beyond redesignation.
Based on our review of the State's plan, which is described in detail
in the following sections and in the EPA's technical support document
(TSD), the EPA proposes to approve the redesignation request for the
Salina nonattainment area and associated maintenance plan. The
redesignation request, maintenance plan, and the EPA TSD are included
in the docket for this action. As part of this proposed action, the EPA
also proposes to approve a revision to the Kansas SIP to incorporate a
construction permit modification, which was issued on December 27, 2018
(hereinafter referred to as the December 2018 permit) for the Stryten
Salina, LLC facility (formerly known as Exide Technologies, hereinafter
referred to as Stryten) which contains an updated control strategy to
control lead emissions. The December 2018 permit incorporates three
permit modifications to the facility's construction permit that was
originally issued August 18, 2014 (hereinafter referred to as the
August 2014 permit.)
III. Background for the EPA's Proposed Action
On November 12, 2008, the EPA published a revision to the lead
NAAQS, lowering the standard from 1.5 micrograms per cubic meter
([mu]g/m\3\) to 0.15 [mu]g/m\3\ (73 FR 66964).
Effective November 22, 2011, the EPA designated the Salina area as
nonattainment for the 2008 lead NAAQS based on air quality monitoring
data from 2008 through 2010 (76 FR 72097).
The Stryten lead acid battery manufacturing plant located in
Salina, KS was the main source of lead emissions impacting the
violating monitor. On February 25, 2015, the State submitted a plan to
bring the area into attainment of the standard, which was approved by
the EPA on July 20, 2016 (81 FR 47034). The Salina lead attainment plan
included a control strategy consisting of process and control device/
equipment modifications with corresponding emission limitations,
building enclosure projects, negative pressure and particulate capture
ventilation systems, and paving projects at the Stryten facility. The
mechanism to enforce the control strategy is the August 2014
construction permit issued to Stryten. With air quality monitoring data
registering violations of the 2008 lead NAAQS from July 2016 through
October 2016, the area did not attain by the statutory deadline of
December 31, 2016. For this reason, Stryten implemented contingency
measures and additional control strategies made enforceable through
modifications to the August 2014 permit, the most recent of which is
the December 2018 permit.\1\ The additional emission reduction measures
included better control device filtration efficiency and monitoring,
expansion of negative pressure ventilation of all lead-emitting process
areas, additional paving of plant property, and dust suppression on
plant grounds and roadways using a water truck and vacuum street
sweeper. See the State's maintenance plan and the December 2018 permit
for more information on the updated control strategy.
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\1\ Modifications to Stryten's August 2014 construction permit
were also issued on January 11, 2017 and June 23, 2017. The December
2018 permit modification incorporates and maintains requirements
from the previous construction permits. The December 2018 permit
modification is included in appendix A of the State's maintenance
plan.
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Following implementation of the additional emission reduction
measures starting in 2017, ambient lead concentrations decreased in the
area. Air quality monitoring data from 2017-2019, 2018-2020, and 2019-
2021 show attainment of the 2008 lead NAAQS.
The State received a Change of Ownership/Operator Notification in
2020 notifying the State that Stryten is the owner of all permits
related to the lead acid battery manufacturing facility related to
Source Identification No. 1690035.
IV. Have the requirements for approval of a SIP revision been met?
The State's redesignation submission meets the public notice
requirements for SIP submissions in accordance with 40 CFR 51.102. The
submission also satisfies the completeness criteria of 40 CFR part 51,
appendix V. The State provided public notice on this SIP revision from
January 23, 2025, to February 24, 2025, and received no
[[Page 38097]]
comments. In addition, as explained in this proposed action and in more
detail in the TSD, the revision meets the substantive SIP requirements
of the CAA, including section 110 and implementing regulations.
V. The EPA's Analysis of the State's Request
The CAA provides the requirements for redesignating a nonattainment
area to attainment. Specifically, section 107(d)(3)(E) of the CAA
allows for redesignation provided the following criteria are met: (1)
the Administrator determines that the area has attained the applicable
NAAQS; (2) the Administrator has fully approved the applicable
implementation plan for the area under section 110(k); (3) the
improvement in air quality is due to permanent and enforceable
reductions in emissions resulting from implementation of the applicable
SIP and applicable Federal air pollutant control regulations and other
permanent and enforceable reductions; (4) the Administrator has fully
approved a maintenance plan for the area as meeting the requirements of
section 175A; and (5) the state containing such area has met all
requirements applicable to the area under section 110 and part D of
title I of the CAA.
The EPA has provided guidance on redesignation in the General
Preamble \2\ for the implementation of title I of the CAA Amendments of
1990 (April 16, 1992, 57 FR 13498, and supplemented on April 28, 1992,
57 FR 18070) and has provided further guidance on processing
redesignation requests in the following documents:
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\2\ State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,''
57 FR 13498, April 16, 1992.
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1. ``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992 (hereafter referred to as the
``Calcagni Memorandum''); \3\
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\3\ See the docket for this action and at <a href="https://www.epa.gov/sites/default/files/2016-03/documents/calcagni_memo_-_procedures_for_processing_requests_to_redesignate_areas_to_attainment_090492.pdf">https://www.epa.gov/sites/default/files/2016-03/documents/calcagni_memo_-_procedures_for_processing_requests_to_redesignate_areas_to_attainment_090492.pdf</a>.
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2. ``State Implementation Plan (SIP) Actions Submitted in Response
to CAA Deadlines,'' Memorandum from John Calcagni, Director, Air
Quality Management Division, October 28, 1992; and
3. ``Part D New Source Review (Part D NSR) Requirements for Areas
Requesting Redesignation to Attainment,'' Memorandum from Mary D.
Nichols, Assistant Administrator for Air and Radiation, October 14,
1994.
These documents are included in the docket for this proposed
action.
a. Criteria (1)--The Area Has Attained the 2008 Lead NAAQS
For designating a nonattainment area to attainment, the CAA
requires the EPA to determine that the area has attained the applicable
NAAQS (CAA section 107(d)(3)(E)(i)). The EPA is proposing to determine
that the Salina nonattainment area is attaining the 2008 lead NAAQS
based upon complete, quality-assured, and certified ambient air quality
monitoring data from 2017-2019, 2018-2020, and 2019-2021 that show that
the area has monitored attainment of the 2008 Lead NAAQS.
According to 40 CFR 50.16, the 2008 lead NAAQS is met when the
maximum arithmetic 3-month mean concentration for a 3-year period, as
determined in accordance with 40 CFR part 50, appendix R, is less than
or equal to 0.15 [mu]g/m\3\ at all relevant monitoring sites in the
subject area. The EPA refers to this maximum rolling three-month
average over a three-year period as the ``design value.'' The form of
the standard is based on the maximum three-month rolling average over a
three-year period (thirty-six rolling calendar quarters, or thirty-
eight total months).
The State operated the original monitoring site in Salina from 2010
to 2019. The site was relocated to the current location 90 meters east
of the original site in October 2019 and was approved by the EPA. The
EPA's TSD and the State's maintenance plan have more information
concerning relocation of the monitor.
The area has not recorded a three-month average lead value at the
air monitor greater than 0.15 [mu]g/m\3\ during any three-month
calendar period since the three-month period ending October 2016. Table
1 summarizes the annual maximum 3-month rolling average lead
concentrations and 3-year design values for the Salina lead monitor. As
demonstrated by the data in the table, design values for the 2017-2019,
2018-2020, and 2019-2021 periods are in compliance with the 2008 lead
NAAQS.
Table 1--Summary of Annual Maximum 3-Month Rolling Average Lead Concentrations and Design Values for Salina
Monitor From 2015-2021
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Max 3-month rolling
Annual max 3-month average design value
Year rolling average 3-Year period for the 3-year period
([mu]g/m\3\) ([mu]g/m\3\)
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2015.............................................. 0.11 ............... .....................
2016.............................................. 0.18 ............... .....................
2017.............................................. 0.15 2015-2017 0.18
2018.............................................. 0.05 2016-2018 0.18
2019.............................................. 0.05 2017-2019 * 0.15
2020.............................................. 0.05 2018-2020 * 0.05
2021.............................................. 0.04 2019-2021 * 0.05
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* Design values in attainment of the 2008 lead NAAQS.
Due to equipment failures and electrical malfunctions at the
monitoring site between May 5, 2022, and June 16, 2022, the State was
not able to meet data completeness thresholds required to calculate
valid lead design values for 2020-2022, 2021-2023, and 2022-2024. While
design values for these periods are not available, the State's plan
references 2022 and 2023 lead data and preliminary lead data from 2024
that are consistent with attainment of the standard. More information
on the lead monitoring data can be found in the State's maintenance
plan and in the TSD.
[[Page 38098]]
Based on the EPA's review of this data, the EPA proposes to find
that the Salina area has attained the 2008 lead NAAQS.
b. Criteria (2)--The Area Has a Fully Approved SIP Under Section 110(k)
For designating a nonattainment area to attainment, the CAA
requires that the Administrator has fully approved the applicable
implementation plan for the area under section 110(k) (CAA section
107(d)(3)(E)(ii)). The EPA approved the State's attainment plan in a
Federal Register rulemaking dated July 20, 2016 (81 FR 47034). The EPA
has determined that the State has met all of the requirements for
approval of the State's attainment SIP revision.
c. Criteria (3)--The Air Quality Improvement Is Due to Permanent and
Enforceable Reductions in Emissions Resulting From Implementation of
the Applicable SIP and Applicable Federal Air Pollutant Control
Regulations and Other Permanent Enforceable Reductions
For redesignating a nonattainment area to attainment, section
107(d)(3)(E)(iii) of the CAA requires the EPA to determine that the air
quality improvement in the area is due to permanent and enforceable
reductions in emissions resulting from implementation of the SIP,
applicable Federal air pollution control regulations, and other
permanent and enforceable reductions. The EPA proposes to find that the
State has demonstrated that the observed air quality improvement in the
Salina nonattainment area is due to permanent and enforceable
reductions in emissions.
Despite implementation of the control strategy contained in the
August 2014 permit, the Salina nonattainment area failed to attain the
lead standard by December 31, 2016, triggering implementation of
contingency measures at Stryten as specified in the permit. Stryten was
subsequently issued three air construction permit modifications with
updated control strategies that are incorporated in the December 2018
permit and are enforceable by the State and the EPA. The December 2018
permit includes additional emissions limitations and work practice
controls that are attributed to the area's attainment of the NAAQS,
such as baghouse improvements, street sweeping, and other fugitive dust
measures.
Following implementation of the additional emission reduction
measures from the December 2018 permit, ambient lead concentrations
decreased and the Salina nonattainment area came into compliance with
the 2008 lead NAAQS. Section IV. of the TSD and section 2 of the
State's submittal describes the control strategy and new lead emission
reduction measures included in the December 2018 permit. The State
included the December 2018 permit in appendix A of the State submittal
for approval into the SIP. Once the EPA approves Stryten's December
2018 permit as part of this redesignation action, the enhanced control
strategy in the December 2018 permit will be both permanent and
enforceable.
Based on the information provided in the State's maintenance plan,
the EPA proposes to find that Kansas has demonstrated that the observed
air quality improvements in the Salina nonattainment area are due to
implementation of the requirements of the August 2014 and December 2018
permits.
d. Criteria (4)--The Administrator Has Fully Approved a Maintenance
Plan for the Area as Meeting the Requirements of Section 175A
For designating a nonattainment area to attainment, the CAA
requires that the Administrator has fully approved a maintenance plan
for the area as meeting the requirements of section 175A (CAA section
107(d)(3)(E)(iv)). In conjunction with its redesignation request
submitted to the EPA on March 20, 2025, the State also submitted a
maintenance plan to provide for the ongoing attainment of the 2008 lead
NAAQs through the year 2036, which is at least 10 years following the
effective date of approval of the redesignation SIP revision. The EPA
has reviewed the maintenance plan and proposes to find that it meets
the requirements of section 175A of the CAA as explained further below.
Section 175A of the CAA establishes requirements for maintenance
plans seeking redesignation from nonattainment to attainment. Under
section 175A, the plan must demonstrate continued attainment of the
applicable NAAQS for at least ten years after the EPA approves a
redesignation to attainment. Eight years after redesignation, a state
must submit a revised maintenance plan which demonstrates that
attainment will continue to be maintained for ten years following the
initial ten-year maintenance period. To address the possibility of
future NAAQS violations, the maintenance plan must contain contingency
measures with a schedule for implementation as the EPA deems necessary
to assure prompt correction of any future NAAQS violations.
The EPA's interpretation of section 175A is contained in the
Calcagni Memorandum.\4\ The Calcagni Memorandum provides guidance on
the content of a maintenance plan, explaining that it should address
five requirements: (1) An emissions inventory; (2) a maintenance
demonstration; (3) an air quality monitoring commitment; (4)
verification of continued attainment; and (5) a contingency plan.
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\4\ See the docket for this action and at <a href="https://www.epa.gov/sites/default/files/2016-03/documents/calcagni_memo_-_procedures_for_processing_requests_to_redesignate_areas_to_attainment_090492.pdf">https://www.epa.gov/sites/default/files/2016-03/documents/calcagni_memo_-_procedures_for_processing_requests_to_redesignate_areas_to_attainment_090492.pdf</a>.
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Section 175A requires a state seeking redesignation to attainment
to submit a SIP revision to provide for the maintenance of the NAAQS in
the area ``for at least 10 years after the redesignation.'' The EPA has
interpreted this as a showing of maintenance ``for a period of ten
years following redesignation,'' Calcagni Memorandum at page 9. Where
the modeling method of showing maintenance is used, a state must show
that ``the future mix of sources and emission rates will not cause a
violation of the NAAQS.'' Id. Modeling should ``contain a summary of
the air quality concentrations expected to result from application of
the control strategy'' and ``identify and describe the dispersion model
or other air quality model used to project ambient concentrations.''
Id.
The following provides a discussion of how the EPA has proposed to
determine that the State's maintenance plan meets the requirements of
175A.
1. Attainment Emissions Inventory
The State is required to develop an inventory of actual emissions
to identify the level of emissions sufficient to attain the NAAQS.
Stryten is the only point source of lead in the Salina nonattainment
area, and there are no nonpoint sources of lead emissions in the area.
The State submitted the lead emissions inventory for the Stryten
facility in table 3-1 in the maintenance plan. The emissions inventory
is summarized in table 2. The emissions inventory includes Stryten's
actual, facility-wide lead emissions from 2015-2021 in tons/year.
[[Page 38099]]
Table 2--Stryten's Reported Facility-Wide Emissions From 2015-2021
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Lead
Year emissions
(tons/year)
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2015...................................................... 0.36
2016...................................................... 0.32
2017...................................................... 0.19
2018...................................................... 0.14
2019...................................................... 0.15
2020...................................................... 0.10
2021...................................................... 0.08
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Table 2 shows that total lead emissions in the nonattainment area
decline after 2017, which reflects enforceable emission reductions
achieved through implementation of the additional control measures at
Stryten beginning in 2017.
As discussed in section V.a. of this preamble, the annual maximum
3-month rolling average lead concentration has not exceeded the level
of the 2008 lead NAAQS since 2017. For this reason, Stryten's total
lead emissions of 0.19 tons in 2017 is consistent with attainment of
the NAAQS. As shown in table 2, Stryten's lead emissions remain below
0.19 tons per year from 2018 through 2021. More information can be
found in the EPA's TSD.
The EPA proposes to determine that the State has satisfied the
requirement to develop an attainment inventory.
2. Maintenance Demonstration
The State may demonstrate maintenance of the 0.15 [micro]g/m\3\
standard by either showing that future lead emissions will not exceed
the level of the attainment inventory, or by modeling to show that the
future mix of sources and emissions rates will not cause a violation of
the 2008 lead NAAQS. The demonstration should be for a period of ten
years following the redesignation. Dispersion modeling is a more
sophisticated means of demonstrating maintenance than relying solely on
the attainment emissions inventory because it incorporates meteorology,
topography, and source characteristics in addition to permitted
allowable emissions rates.
As discussed above, the State provides an emissions inventory to
demonstrate the level of actual emissions consistent with attainment of
the 2008 lead NAAQS. To demonstrate continued maintenance of the NAAQS
for a period of at least ten years based on Stryten's permitted
allowable emissions levels, the State provided two modeling
demonstration analyses included in appendix B of the State's plan and
further detailed in the EPA's TSD. As explained in the State's plan,
lead emissions from Stryten, the only point source of lead in the
Salina nonattainment area, are expected to remain steady with only
slight fluctuations throughout the maintenance period. The State does
not expect any new industry or development through the 2036 maintenance
period and any new source would need to comply with the NSR permitting
program, ensuring anti-backsliding of the federally enforceable and
permanent control strategy. This means that the 2036 projected
emissions can be represented by the 2017 attainment year.
The maintenance plan's first modeling analysis was performed by
Stryten based on implementation of the control measures that are
enforceable through the December 2018 permit. This analysis is
documented in detail in the ``Air Quality Dispersion Modeling Report,''
prepared for Stryten by Ramboll and submitted to the State on October
1, 2021 (appendix B, Attachment D of the maintenance plan).
Additionally, the State conducted a supplemental modeling analysis that
evaluated an operating scenario characterizing the point sources'
allowable emission rates at worst-case dispersion conditions. The
State's supplemental modeling analysis used the same modeling
configuration and emission rates as the Stryten October 2021 modeling
but different stack parameters for the point sources in the model,
specifically stack parameters that are generally less favorable for
dispersion. The State's supplemental modeling analysis is described in
detail in appendix B of the maintenance plan. Both Stryten's October
2021 modeling and the State's supplemental modeling analyses show
attainment of the 2008 lead NAAQS at receptors throughout the
nonattainment area. The EPA's review and analysis of both modeling
demonstrations can be found in the TSD and is consistent with 40 CFR
part 51, appendix W, Guideline on Air Quality Models (appendix W).\5\
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\5\ See 89 FR 95031, November 29, 2024.
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The EPA proposes to find that the maintenance modeling
demonstrations follow current EPA modeling guidance in appendix W and
used allowable emission rates consistent with the December 2018 permit.
As stated above, both demonstrations, including the State's
supplemental modeling analysis based on a worst-case operating scenario
with less favorable dispersion characteristics, show modeled attainment
of the 2008 lead NAAQS throughout the nonattainment area through 2036.
Therefore, the EPA proposes to find that the State has demonstrated
maintenance of the 2008 lead NAAQS. The input files used in the
modeling demonstrations are available by request from the contact
listed in the FOR FURTHER INFORMATION CONTACT section of this document.
3. Monitoring Network
Once a nonattainment area has been redesignated, the state must
continue to operate an appropriate air monitoring network, in
accordance with 40 CFR part 58, to verify the attainment status of the
area. The State has committed in its redesignation request and
maintenance plan for the Salina nonattainment area to operate the lead
air quality monitor (site ID 20-169-0004) in accordance with 40 CFR
part 58. Air modeling has shown this monitoring location to be in the
predicted area of maximum impact from fugitive emissions from Stryten.
Thus, this air monitoring location continues to be acceptable for
verifying continued NAAQS attainment. The State will continue to
operate a lead monitor at this location for a minimum of ten years. As
required by section 175A, eight years following redesignation the State
shall submit an additional maintenance plan. The lead monitoring
network will be revisited at that time. The EPA reviews any changes to
the State's lead monitoring network in the annual network monitoring
plan in accordance with 40 CFR part 58.
4. Verification of Continued Attainment
The State has the legal authority to enforce and implement the
requirements of the December 2018 permit for Stryten to ensure ongoing
attainment of the 2008 lead NAAQS. These SIP-approved documents contain
the permanent and enforceable measures for controlling lead emissions.
The State commits in its maintenance plan to assure continued
compliance through monitoring, performance testing, recordkeeping, and
reporting requirements as established in the 2018 permit. The
maintenance plan also includes that field representatives have the
authority to conduct onsite inspections pursuant to K.S.A. 65-3009,
which is part of the State's air quality program to identify violations
and take timely and appropriate compliance and enforcement actions.
Should another source of lead emissions to air seek a permit in the
area to construct a new source or modify an existing one, the State has
the authority to evaluate the potential impacts to air quality and
NAAQS attainment.
[[Page 38100]]
The maintenance plan also includes that since 2014, Stryten has
been required to submit a Class 1 annual emissions inventory in
accordance with K.A.R. 28-19-517. The State annually submits emissions
inventories to the EPA.
The State commits in its maintenance plan to continue to operate
its lead monitoring site to verify the attainment status of the area
and will continue to work with Region 7 to follow the air monitoring
network review process, as required by 40 CFR part 58, to determine the
adequacy of the lead monitoring network.
The EPA proposes to find that the information in the maintenance
plan demonstrates that the State has the legal authority to implement
and enforce all measures necessary to attain and maintain the 2008 lead
NAAQs.
5. Contingency Plan
Section 175A(d) of the CAA requires that a maintenance plan include
contingency provisions, as necessary, to promptly correct any violation
of the NAAQS in the area following redesignation of the area. The
State's maintenance plan states that it will require Stryten to
implement all of the contingency measures in the December 2018 permit
if a NAAQS violation occurs after redesignation of the area. The State
established triggers that will initiate a timely response to monitored
indications of a possible future violation of the 2008 NAAQS as
described in table 3-2 in the maintenance plan and section X. of the
December 2018 permit. These contingency measures include, for example,
increasing dust suppression, installing continuous pressure analyzers/
monitors, completing a root cause analysis, conducting more frequent
stack testing, or completing new air modeling.
The EPA proposes to find that the State's contingency measures
satisfy the pertinent requirements of CAA section 175A(d).
e. Criteria (5)--The Area Has Met All Applicable Requirements Under
Section 110 and Part D
For designating a nonattainment area to attainment, the CAA
requires that the Administrator has fully approved a maintenance plan
for the area as meeting the requirements under section 110 and Part D
(CAA section 107(d)(3)(E)(v)). Section 110(a)(2) of title I of the CAA
delineates the general requirements for an infrastructure SIP, which
include enforceable emissions and other control measures, means, or
techniques; provisions for the establishment and operation of
appropriate devices necessary to collect data on ambient air quality;
and programs to enforce the limitations. More specifically these
requirements include, but are not limited to, the following: submittal
of a SIP that has been adopted by the state after reasonable public
notice and hearing; provisions for establishment and operation of
appropriate procedures needed to monitor ambient air quality;
implementation of a source permit program and provisions for the
implementation of a Prevention of Significant Deterioration (PSD)
program; provisions for the implementation of a Nonattainment New
Source Review (NSR) program; provisions for air pollution modeling and
provisions for public and local agency participation in planning and
emission control rule development.
The other requirements of section 110(a)(2) pertain to the
administration of the state program to ensure the effectiveness of its
overall air quality management program. The adequacy of the remaining
elements of section 110(a)(2) including the State's PSD and
Nonattainment NSR program, the State's appropriate air monitoring
program for collecting air quality data, the State's ability to conduct
air modeling, and the State's provisions for public participation for
air planning are addressed in the EPA's September 15, 2014 final
approval of the State's infrastructure SIP revision for the 2008 Lead
NAAQS (79 FR 54908).
Finally, section 107(d)(3)(E)(v) requires that the redesignation
plan meet the requirements of part D. Section 172(c) and identifies key
provisions that states must address in a nonattainment SIP, including:
provisions for attainment and the timely implementation of all
reasonably available control technology (RACT) and reasonably available
control measures (RACM); provisions for reasonable further progress
(RFP); provisions for an emissions inventory for the nonattainment
area; provisions for nonattainment NSR; provisions for other measures,
including a control strategy with enforceable limits and schedules and
timetables for compliance; provisions to meet applicable parts of title
42 section 7410(a)(2); provisions for equivalent technologies; and
provisions for contingency measures.
The approved attainment SIP revision contains legally enforceable
control measures and includes an evaluation of how those measures meet
RACT and RACM.\6\ The approved attainment SIP also included a plan for
making RFP. An emissions inventory is included in the attainment SIP
revision, and an emissions inventory is included as discussed in
section V. of this preamble. The State has a SIP approved Nonattainment
NSR program.\7\ The State did not request or use equivalent
technologies. The December 2018 permit and the maintenance plan
included in this proposed SIP action include enforceable contingency
measures and control measures.
---------------------------------------------------------------------------
\6\ See 81 FR 47034 (July 20, 2016).
\7\ Kansas Administrative Regulations NONATTAINMENT AREA
REQUIREMENTS 28-19-16. New source permit requirements for designated
nonattainment areas and 28-19-16a through 28-19-16m. January 16,
1990 (55 FR 1420) January 11, 2000 (65 FR 1545).
---------------------------------------------------------------------------
Section 176(c) of the CAA requires states to establish criteria and
procedures to ensure that federally supported or funded projects
conform to the air quality planning goals in the applicable SIP. The
requirement to determine conformity applies to transportation plans,
programs, and projects that are developed, funded, or approved under
title 23 of the United States Code (U.S.C.) and the Federal Transit Act
(transportation conformity) as well as to all other federally supported
or funded projects (general conformity). State transportation
conformity SIP revisions must be consistent with Federal conformity
regulations relating to consultation, enforcement, and enforceability
that the EPA promulgated pursuant to its authority under the CAA.
Considering the elimination of lead additives in gasoline,
transportation conformity does not apply to the lead NAAQS. See 73 FR
66964 (November 12, 2008).
We have reviewed the State's SIP and propose to determine that it
meets all applicable requirements under section 110 and Part D of the
CAA to the extent those requirements are applicable for purposes of
redesignation. EPA has previously approved provisions of the State's
SIP addressing section 110 requirements (including provisions
addressing lead) at 40 CFR 52.870.
VI. Summary of Proposed Action
The EPA is proposing to approve the State's request to redesignate
the Salina nonattainment area to attainment for the 2008 lead NAAQS.
Based on our detailed analysis above, the EPA has determined that the
State's March 20, 2025, request for redesignation demonstrates NAAQS
attainment and the associated maintenance plan will ensure that the
area continues to attain the standard. The EPA is also proposing to
approve the 2018 construction permit into the SIP revision approval for
the
[[Page 38101]]
area's redesignation and maintenance plan.
Thus, we are processing this as a proposed action because we are
soliciting comments. Final rulemaking will occur after consideration of
any comments.
VII. Incorporation by Reference
In this document, the EPA is proposing to include regulatory text
in an EPA final rule that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is proposing to add
incorporation by reference of the Kansas permit issued December 27,
2018, discussed in section II. of this preamble and as set forth below
in the proposed amendments to 40 CFR part 52. The EPA has made, and
will continue to make, these materials generally available through
<a href="https://www.regulations.gov">https://www.regulations.gov</a> and at the EPA Region 7 Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information).
VIII. Statutory and Executive Order Reviews
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, the 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:
<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Order 12866 (58
FR 51735, October 4, 1993);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866;
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> 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.
In addition, the SIP is 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).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, Reporting and
recordkeeping requirements.
40 CFR Part 81
Environmental protection, Air pollution control.
Dated: July 21, 2025.
James Macy,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA proposes to amend
40 CFR parts 52 and 81 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 the entry ``(6)'' at
the end of the table; and
0
b. The table in paragraph (e) is amended by adding the entry ``(48)''
at the end of the table.
The additions read as follows:
Sec. 52.870 Identification of plan.
* * * * *
(d) * * *
EPA-Approved Kansas Source-Specific Permits
----------------------------------------------------------------------------------------------------------------
State
Name of source Permit or effective EPA approval date Explanation
case No. date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(6) Stryten Energy Battery Plant 1690035 12/27/2018 [Date of publication of the ..............
(formerly known as Exide). final rule in the Federal
Register], 90 FR [Federal
Register page where the
document begins of the final
rule].
----------------------------------------------------------------------------------------------------------------
(e) * * *
[[Page 38102]]
EPA-Approved Kansas Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of nonregulatory SIP geographic or submittal EPA approval date Explanation
provision nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(48) Lead Redesignation SIP and Portions of Saline 3/20/2025 [Date of publication of [EPA-R07-OAR-2025-
Maintenance Plan. County, Salina, the final rule in the 0693; FRL-12887-
Kansas. Federal Register], 90 01-R7].
FR [Federal Register
page where the document
begins of the final
rule].
----------------------------------------------------------------------------------------------------------------
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart C--Section 107 Attainment Status Designations
0
4. In Sec. 81.317, the table entitled ``Kansas--2008 Lead NAAQS'' is
amended by revising the entry ``Saline County, KS:'' to read as
follows:
Sec. 81.317 Kansas.
* * * * *
Kansas--2008 Lead NAAQS
------------------------------------------------------------------------
Designation for the 2008 NAAQS \a\
Designated area ------------------------------------------
Date \1\ Type
------------------------------------------------------------------------
Saline County, KS:........... [Date of publication Attainment.
of the final rule in
the Federal
Register], 90 FR
[Federal Register
page where the
document begins of
the final rule].
Saline County (part).....
Area bounded by
Schilling Rd. on the
north, \1/4\ mile
west of S Ohio St.
on the east, Water
Well Rd. on the
south, and 9th
Street on the west.
* * * * * * *
------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as
otherwise specified.
\1\ December 31, 2011 unless otherwise noted.
[FR Doc. 2025-14980 Filed 8-6-25; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.