Rule2025-20200
Air Plan Approval; State of Kansas; Attainment Redesignation for 2008 Lead NAAQS and Associated Maintenance Plan
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 18, 2025
Effective
December 18, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to approve the request from the State of Kansas (the State) to redesignate portions of Saline County, Salina, Kansas (Salina area) to attainment for the 2008 lead National Ambient Air Quality Standards (NAAQS). The EPA's 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 granting final approval of 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 220 (Tuesday, November 18, 2025)</title>
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[Federal Register Volume 90, Number 220 (Tuesday, November 18, 2025)]
[Rules and Regulations]
[Pages 51551-51554]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-20200]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R07-OAR-2025-0693; FRL-12887-02-R7]
Air Plan Approval; State of Kansas; Attainment Redesignation for
2008 Lead NAAQS and Associated Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve the request from the State of Kansas (the State) to
redesignate portions of Saline County, Salina, Kansas (Salina area) to
attainment for the 2008 lead National Ambient Air Quality Standards
(NAAQS). The EPA's 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 granting final approval of the State's plan
for maintaining the 2008 lead NAAQS in the Salina area for ten years
beyond redesignation.
DATES: This final rule is effective on December 18, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2025-0693. 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 is not publicly available, i.e.,
Confidential Business Information (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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional information.
FOR FURTHER INFORMATION CONTACT: Jennifer Kissel, Environmental
Protection Agency, Region 7 Office, Air and Radiation Division, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-
7982; email address: <a href="/cdn-cgi/l/email-protection#4e25273d3d2b2260242b2020370e2b3e2f60292138"><span class="__cf_email__" data-cfemail="1b707268687e7735717e7575625b7e6b7a357c746d">[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. Background
III. The EPA's Response to Comments
IV. Have the requirements for approval of a SIP revision been met?
V. What action is the EPA taking?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. What is being addressed in this document?
The EPA is granting final approval of the request submitted by the
State of Kansas to redesignate the Saline County, Salina, Kansas
nonattainment area to attainment for the 2008 lead NAAQS. On March 20,
2025 the State submitted a request for redesignation that demonstrates
NAAQS attainment and an associated maintenance plan to ensure that the
area continues to attain the standard. On August 7, 2025 the EPA
published a Notice of Proposed Rulemaking (NPRM) which proposed to
approve the redesignation request and associated maintenance plan (90
FR 38095).
As part of this action, the EPA is approving a revision to the
Kansas SIP to incorporate Construction Permit #1690035, 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 was submitted by the State for incorporation into the SIP
in 40 CFR 52.870(d). 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).
The basis for the EPA's final approval is that the area met the
requirements of the CAA for approval as discussed below and in the
NPRM.
II. Background
As described in the NPRM published on August 7, 2025, the EPA has
determined that the area has met the criteria for section 107(d)(3)(E)
of the CAA and that the State's maintenance plan will ensure that the
area continues to attain the standard.
As discussed in the NPRM the Stryten lead acid battery
manufacturing plant located in Salina, KS was the main source of lead
emissions impacting the violating monitor. 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 in the December 2018 permit 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 public comment period on the EPA's proposed rule opened August
7, 2025, the date of its publication in the Federal Register, and
closed on September 8, 2025. During this period, the EPA received
comments from the State in an email from the Kansas Department of
Health and Environment (KDHE) that is included in the docket of this
action. Comments are addressed in section III.
III. The EPA's Response to Comments
Comment 1: KDHE requests that the EPA clarify that the State
submitted its attainment plan for the Salina nonattainment area on
February 3, 2015 as specified in 40 CFR 52.870(e)(43).
Response 1: The EPA agrees with this comment and clarifies that the
attainment plan for the Salina nonattainment area was received by the
EPA on February 25, 2015, as stated in 81 FR 47034 (July 20, 2016).
Comment 2: KDHE requests that the EPA reference KDHE's SIP-approved
minor NSR regulatory program in its analysis of whether the area has
met all redesignation requirements, specifically whether it has met all
applicable requirements under CAA section 110 and part D.
Response 2: The EPA notes that the State's redesignation request
and maintenance plan for the Salina nonattainment area included a
discussion of the State's minor NSR
[[Page 51552]]
regulatory program, codified at K.A.R. 28-19-300 through K.A.R. 28-19-
304. The EPA further notes that for purposes of determining whether the
State has met the applicable requirements of sections 107(d)(3)(E)(v),
110, and 172(c)(5) of the CAA, the EPA is not required to analyze
whether the State has a SIP-approved minor NSR regulatory program.
Therefore, no changes have been made in response to this comment.
Comment 3: KDHE stated that the source name was incorrect in the
proposed amendment to 40 CFR part 52, subpart R, Sec. 52.870(d)(6)
table ``EPA-APPROVED KANSAS SOURCE-SPECIFIC PERMITS''.
Response 3: The EPA agrees that the source name in the NPRM table
was incorrect and has corrected the name of the source to ``Stryten
Salina LLC (formerly known as Exide)'' in this final action.
Comment 4: KDHE requests that the EPA replace a sentence in the
background section of the TSD that does not accurately describe the
facility emission source.
Response 4: The EPA agrees that the TSD accompanying the NPRM
incorrectly stated that ``lead emissions result from breaking open used
batteries, re-melting the lead, and reformulating new batteries.''
Accordingly, the EPA updated the background section of the revised TSD
to describe the lead emissions from the facility associated with
battery production.
Comment 5: KDHE requests that the EPA correct a typographical error
in a table that erroneously listed lead as SO<INF>2</INF>.
Response 5: The EPA corrected the typographical error in section
VI., table 4 of the revised TSD to indicate the ``Background Lead
Concentration'' used in Stryten and KDHE's modeling.
Comment 6: KDHE is requesting that the EPA include the volume
source emission rates used in Stryten's October 2021 modeling in table
8 of the TSD.
Response 6: The EPA added language that includes and clarifies the
different sets of volume source emission rates used in Stryten's
October 2021 modeling and KDHE's supplemental modeling in section VI.D.
and tables 4 and 8 of the revised TSD.
Comment 7: KDHE requests that EPA replace the UTM Easting value for
the Schilling Elementary School in table 10b of the TSD.
Response 7: The EPA agrees and included the correct UTM Easting
value for the Schilling Elementary School in section VI., table 10b of
the revised TSD.
IV. Have the requirements for approval of a SIP revision been met?
The NPRM provides a detailed discussion of the requirements of CAA
section 107(d)(3)(E) which identifies the five criteria that must be
met before a nonattainment area may be redesignated to attainment and
the EPA's analysis of how each requirement was met. 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 finds that the Salina
area has met these criteria, and that the State's maintenance plan will
ensure the Salina area continues to attain the standard.
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 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. What action is the EPA taking?
The EPA is taking final action to approve the maintenance plan for
the Salina nonattainment area into the Kansas SIP (as compliant with
CAA section 175A). The maintenance plan demonstrates that the area will
continue to maintain the 2008 lead NAAQS and includes contingency
provisions to remedy any future violations of the 2008 lead NAAQS and
procedures for evaluation of potential violations.
Additionally, the EPA is taking final action to determine that the
Salina nonattainment area has met the criteria under CAA section
107(d)(3)(E) for redesignation from nonattainment to attainment for the
2008 lead NAAQS. On this basis, the EPA is approving the State's
redesignation request for the area and changing the legal designation
of the portion of Saline County designated nonattainment at 40 CFR part
81 to attainment for the 2008 lead NAAQS.
The EPA is also approving and incorporating by reference 40 CFR
52.870(d) EPA-Approved Kansas Source-Specific Permits the following
source-specific permit:
<bullet> Stryten Salina LLC #1690035, state effective date December
27, 2018.
VI. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is finalizing the incorporation by reference of the
Kansas permit #1690035 issued December 27, 2018 discussed in sections
I., II. and V. 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).
Therefore, these materials have been approved by the EPA for
inclusion in the SIP, have been incorporated by reference by the 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 the
EPA's approval, and will be incorporated by reference in the next
update to the SIP compilation.\2\
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\2\ 62 FR 27968, May 22, 1997.
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VII. 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 Orders 12866 (58
FR 51735, October 4, 1993);
[[Page 51553]]
<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).
This action is subject to the Congressional Review Act (CRA), and
the EPA will submit a rule report to each House of the Congress and to
the Comptroller General of the United States. 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 January 20, 2026. 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
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: October 23, 2025.
James Macy,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA amends 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
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Permit or case State
Name of source No. effective date EPA approval date Explanation
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* * * * * * *
(6) Stryten Salina LLC. (formerly 1690035 12/27/2018 11/18/2025, 90 FR .....................
known as Exide). [insert Federal
Register page where
the document begins].
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(e) * * *
EPA-Approved Kansas Nonregulatory Provisions
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Applicable
Name of nonregulatory SIP geographic or State EPA approval date Explanation
provision nonattainment area submittal date
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* * * * * * *
(48) Lead Redesignation SIP and Portions of Saline 3/20/2025 11/18/2025, 90 FR [EPA-R07-OAR-2025-0
Maintenance Plan. County, Salina, [insert Federal 693; FRL-12887-02-
Kansas. Register page R7].
where the document
begins].
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[[Page 51554]]
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
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Designation for the 2008 NAAQS \a\
Designated area ---------------------------------------
Date \1\ Type
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Saline County, KS:.............. 11/18/2025, 90 FR Attainment.
[insert Federal
Register page
where the
document begins].
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.
* * * * * * *
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\a\ Includes Indian Country located in each county or area, except as
otherwise specified.
\1\ December 31, 2011 unless otherwise noted.
[FR Doc. 2025-20200 Filed 11-17-25; 8:45 am]
BILLING CODE 6560-50-P
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