3818 Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Rules and Regulations 

1The proposed rule mistakenly stated that 

Kansas’ infrastructure SIP submission was received 

by the EPA on April 11, 2019. 

2The proposed rule mistakenly stated that 

Kansas’ infrastructure SIP submission did not 

address section 110(a)(2)(I). 

3EPA’s Guideline on Air Quality Models is 

codified at 40 CFR part 51, appendix W and is 

generically referred to as Guideline herein. 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2020–0422; FRL–10018– 

59-Region 7] 

Air Plan Approval; Kansas; 

Infrastructure State Implementation 

Plan Requirements for the 2015 Ozone 

National Ambient Air Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve certain elements of a State 

Implementation Plan (SIP) submission 

from the State of Kansas addressing the 

applicable requirements of section 110 

of the Clean Air Act (CAA) for the 2015 

Ozone (O3) National Ambient Air 

Quality Standard (NAAQS). Section 110 

requires that each state adopt and 

submit a SIP revision to support the 

implementation, maintenance, and 

enforcement of each new or revised 

NAAQS promulgated by the EPA. These 

SIPs are commonly referred to as 

‘‘infrastructure’’ SIPs. The infrastructure 

requirements are designed to ensure that 

the structural components of each 

state’s air quality management program 

are adequate to meet the state’s 

responsibilities under the CAA. 

DATES: This final rule is effective on 

February 16, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2020–0422. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. 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 https://

www.regulations.gov or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional information. 

FOR FURTHER INFORMATION CONTACT: 

William Stone, Environmental 

Protection Agency, Region 7 Office, Air 

Quality Planning Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219; 

telephone number: (913) 551–7714; 

email address: stone.william@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to the EPA. A technical 

support document (TSD) is included in 

the rulemaking docket. 

Table of Contents 

I. Background 

II. What is being addressed in this document? 

III. Have the requirements for approval of a 

SIP revision been met? 

IV. What is the EPA’s response to comments? 

V. What action is the EPA taking? 

VI. Statutory and Executive Order Reviews 

I. Background 

On September 11, 2020, the EPA 

proposed to approve Kansas’ 

infrastructure SIP submission for the 

2015 O3 NAAQS in the Federal Register 

(85 FR 56198; September 11, 2020). The 

EPA solicited comments on the 

proposed approval of the infrastructure 

SIP submission and received three 

separate comments that are addressed in 

this document. 

II. What is being addressed in this 

document? 

The EPA is approving the 

infrastructure SIP submission, 

submitted by the state by letter dated 

September 27, 2018,1 and supplemented 

by letter dated February 6, 2020, in 

accordance with section 110(a)(1) of the 

CAA. Specifically, the EPA is approving 

the following infrastructure elements of 

section 110(a)(2) of the CAA: (A) 

through (C), (D)(i)(II)- prevent 

significant deterioration of air quality 

(prong 3) and protection of visibility 

(prong 4), (D)(ii), (E) through (H), and (J) 

through (M). Elements of section 

110(a)(2)(D)(i)(I)—significant 

contribution to nonattainment (prong 1), 

and interfering with maintenance of the 

NAAQS (prong 2), will be addressed in 

a separate action. 

Although section 110(a)(2)(I) was 

addressed in the submission, 2 the EPA 

is not taking action on section 

110(a)(2)(I)—Nonattainment Area Plan 

or Plan Revisions under Part D, as it is 

the EPA’s interpretation of the CAA that 

these elements do not need to be 

addressed in the context of an 

infrastructure SIP submission. 

A Technical Support Document (TSD) 

in the docket provides additional details 

of this action, including an analysis of 

how the SIP meets the applicable 110 

requirements for infrastructure SIPs. 

Included in the TSD is the EPA’s 

analysis concerning Kansas’ authority to 

conduct modeling in accordance with 

the EPA’s ‘‘Revisions to the Guideline 

on Air Quality Models: Enhancements 

to the AERMOD Dispersion Modeling 

System and Incorporation of 

Approaches To Address Ozone and Fine 

Particulate Matter’’ (also referred to as 

the 2017 Guideline).3 82 FR 5182. While 

Kansas has not yet formally adopted the 

2017 Guideline into its regulations, 

Kansas states that it has the authority to 

integrate the requirements and 

recommendations of the 2017 Guideline 

in its regulatory processes. As detailed 

in the TSD, the EPA finds that Kansas’ 

September 27, 2018 submission, 

supplemented by letter dated February 

6, 2020, satisfies the PSD-related 

requirements of CAA sections 

110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3), 

and 110(a)(2)(J), and modeling 

requirements related to CAA section 

110(a)(2)(K). 

III. Have the requirements for approval 

of a SIP revision been met? 

The State met the public notice 

requirements for SIP submissions in 

accordance with 40 CFR 51.102. The 

EPA determined that the submission 

satisfied the completeness criteria of 40 

CFR part 51, appendix V. The State 

provided a public comment period for 

this SIP revision from August 23, 2018 

to September 24, 2018 and received no 

comments. In addition, as explained in 

more detail in the TSD which is part of 

this docket, the infrastructure SIP 

submission meets the substantive SIP 

requirements of the CAA, including 

section 110 and implementing 

regulations. 

IV. What is the EPA’s response to 

comments? 

The public comment period on the 

EPA’s proposed rule opened September 

11, 2020, the date of its publication in 

the Federal Register and closed on 

October 13, 2020. During this period, 

the EPA received three comments. One 

comment was not germane to the action 

and does not require a response from 

the EPA. Another comment was 

supportive of the EPA’s proposed 

approval of Kansas’ 2015 O3

Infrastructure SIP. The third comment, 

which was supportive of the EPA’s 

proposed approval of Kansas’ 2015 O3

Infrastructure SIP but also identified 

misstatements in the EPA’s proposed 

rule, was submitted by the Kansas 

Department of Health and the 

Environment and is summarized below. 

Comment 1: The EPA incorrectly 

listed April 11, 2019 as the date of 

Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Rules and Regulations 3819 

receipt of Kansas’ 2015 O3 Infrastructure 

SIP submission in the proposed rule. 

Response 1: The EPA agrees that it 

made an error in the proposed rule, and 

notes that Kansas submitted the 2015 O3

Infrastructure SIP to the EPA by letter 

dated September 27, 2018. In addition, 

the TSD and the 40 CFR part 52 table 

in the proposed rule correctly identified 

the September 27, 2018 submittal date. 

As such, this final rule accurately 

identifies that the EPA is taking final 

action on the 2015 O3 Infrastructure SIP 

submitted to the EPA by Kansas on 

September 27, 2018. 

Comment 2: The EPA mistakenly 

identified that particular elements 

related to interstate pollution transport, 

specifically prongs 1 and 2 of section 

110(a)(2)(D)(i)(I), were not addressed in 

the submission; however, Kansas did 

include section 110(a)(2)(D)(i)(I) 

requirements in the September 27, 2018 

submission. 

Response 2: The EPA notes that it 

made an error in the proposed rule by 

stating that Kansas did not include 

prongs 1 and 2 of section 

110(a)(2)(D)(i)(I) requirements in the 

September 27, 2018 submission. As 

noted in the TSD, the EPA plans to 

address prongs 1 and 2 in a separate 

rulemaking. The EPA has revised the 40 

CFR part 52 table accompanying this 

action in order to address Kansas’ 

comment. 

Comment 3: The EPA states that 

Kansas did not address section 

110(a)(2)(I) requirements in the 2015 O3

Infrastructure SIP submission; however, 

Kansas did include section 110(a)(2)(I) 

requirements in the September 27, 2018 

submission. 

Response 3: The EPA notes that it 

made an error in the proposed rule by 

stating that Kansas did not address 

section 110(a)(2)(I) requirements in 

Kansas’ 2015 O3 Infrastructure SIP 

submission. However, as discussed in 

the proposed rule and the TSD, it is the 

EPA’s interpretation of the CAA that 

section 110(a)(2)(I) does not need to be 

addressed in the context of an 

infrastructure SIP submission. Section 

110(a)(2)(I) requires states to meet the 

applicable SIP requirements of part D of 

the CAA relating to designated 

nonattainment areas. The specific part D 

submissions for designated 

nonattainment areas are subject to 

different submission schedules than 

those for section 110 infrastructure 

elements. The EPA acts on part D 

attainment plan SIP submissions 

through a separate rulemaking governed 

by the requirements for nonattainment 

areas, as described in part D. As such, 

this final rule does not address the 

section 110(a)(2)(I) requirements that 

were included in Kansas’ 2015 O3

Infrastructure SIP submission. 

V. What action is EPA taking? 

The EPA is approving elements of the 

September 27, 2018, infrastructure SIP 

submission from the State of Kansas, 

which addresses the requirements of 

CAA sections 110(a)(1) and (2) as 

applicable to the 2015 O3 NAAQS. 

Specifically, the EPA is approving the 

following infrastructure elements of 

section 110(a)(2): (A) through(C), 

(D)(i)(II) prong 3 and prong 4, (D)(ii), (E) 

through (H), (J) through (M). The EPA 

intends to act on the elements of section 

110(a)(2)(D)(i)(I)- prong 1 and prong 2, 

in a subsequent rulemaking. The EPA is 

not addressing section 110(a)(2)(I)- 

Nonattainment Area Plan or Plan 

Revisions under part D, as it is the 

EPA’s interpretation of the CAA that 

these elements do not need to be 

addressed in the context of an 

infrastructure SIP submission. 

Based upon review of the State’s 

infrastructure SIP submissions and 

relevant statutory and regulatory 

authorities and provisions referenced in 

those submissions or referenced in 

Kansas’ SIP, the EPA finds that Kansas’ 

SIP meets all applicable required 

elements of sections 110(a) (1) and (2) 

(except as otherwise noted) with respect 

to the 2015 O3 NAAQS. 

VI. 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, 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: 

• 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); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866. 

• 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 (Public Law 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 the 

National Technology Transfer and 

Advancement Act (NTTA) because this 

rulemaking does not involve technical 

standards; 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). 

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). 

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 March 16, 2021. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

3820 Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Rules and Regulations 

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, Infrastructure, 

Intergovernmental relations, Ozone. 

Dated: December 14, 2020. 

James Gulliford, 

Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, the EPA amends the 40 CFR 

part 52 as set forth below: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart R—KANSAS 

■ 2. In § 52.870, the table in paragraph 

(e) is amended by adding the entry 

‘‘(45)’’ in numerical order to read as 

follows: 

§ 52.870 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED KANSAS NONREGULATORY PROVISIONS

Name of nonregulatory SIP provision 

Applicable geographic or nonattainment area 

State submittal 

date EPA approval date Explanation 

* * * * * * * 

(45) Section 110(a)(2) Infrastructure Requirements for the 2015 O3 NAAQS.Statewide ............... 9/27/18 1/15/21, [insert 

Federal Register 

citation].

[EPA–R07–OAR–2020–0422; FRL– 

10013–71-Region 7]. 

This action addresses the following 

CAA elements: 

110(a)(2)(A), (B), (C), (D)(i)(II)—prongs 

3 and 4, (D)(ii), (E), (F), (G), (H), (J), 

(K), (L), and (M). EPA intends to act 

on 

110(a)(2)(D)(i)(I)—prongs 1 and 2, in a 

separate action. 

110(a)(2)(I) is not applicable. 

[FR Doc. 2020–28120 Filed 1–14–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2019–0176; FRL–10017– 

96–Region 9] 

Air Plan Approval; California; South 

Coast Air Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a revision to the South Coast 

Air Quality Management District 

(SCAQMD) portion of the California 

State Implementation Plan (SIP). This 

revision concerns emissions of oxides of 

nitrogen (NOX) from on-road heavy-duty 

vehicles. We are approving a local 

measure to reduce emissions from these 

sources under the Clean Air Act (CAA 

or the Act). 

DATES: This rule will be effective on 

February 16, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2019–0176. All 

documents in the docket are listed on 

the http://www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

e.g., 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 through http://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. If 

you need assistance in a language other 

than English or if you are a person with 

disabilities who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca Newhouse, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 972–3004 or by 

email at newhouse.rebecca@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On April 25, 2019 (84 FR 17365), the 

EPA proposed to approve the following 

measure, submitted by the California 

Air Resources Board (CARB), into the 

California SIP. 

Local agency Resolution # Measure title Adopted Submitted 

CARB ........................ 18–3 South Coast On-Road Heavy-Duty Vehicle Incentive Measure .......... 03/22/18 05/04/18 

We proposed to approve the South 

Coast On-Road Heavy-Duty Vehicle 

Incentive Measure based on a 

determination that it satisfies the 

applicable CAA requirements for 

approval of voluntary measures for SIP