Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Rules and Regulations 50789 

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). 

C. Petitions for Judicial Review 

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 20, 2015. 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking action. This 

rulemaking action, addressing the 

interstate pollution transport 

requirements for the District of 

Columbia with respect to the 2006 24- 

hour PM2.5 NAAQS, 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, 

Particulate matter. 

Dated: August 7, 2015. 

William C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

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 J—District of Columbia 

■ 2. In § 52.470, the table in paragraph 

(e) is amended by adding an entry for 

‘‘Section 110(a)(2) Infrastructure 

Requirements for the 2006 PM2.5

NAAQS’’ to the end of the table to read 

as follows: 

§ 52.470 Identification of plan. 

* * * * * 

(e) * * * 

Name of non-regulatory SIP 

revision Applicable geographic area State submittal date EPA approval date Additional explanation 

*******

Section 110(a)(2) Infrastructure Requirements for the 

2006 PM2.5 NAAQS.

District of Columbia ............... 07/16/15 8/21/2015 [Insert Federal 

Register citation].

This action addresses the following CAA elements, or 

portions thereof: 

110(a)(2)(D)(i)(I). 

[FR Doc. 2015–20527 Filed 8–20–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2015–0564; FRL–9932–83– 

Region 7] 

Approval and Promulgation of Air 

Quality Implementation Plans; State of 

Kansas; Cross-State Air Pollution Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the State 

Implementation Plan (SIP) submitted by 

the State of Kansas in a letter dated 

March 30, 2015. This SIP revision 

provides Kansas’ state-determined 

allowance allocations for existing 

electric generating units (EGUs) in the 

State for the 2016 control periods and 

replaces certain allowance allocations 

for the 2016 control periods established 

by EPA under the Cross-State Air 

Pollution Rule (CSAPR). The CSAPR 

addresses the ‘‘good neighbor’’ 

provision of the Clean Air Act (CAA or 

Act) that requires states to reduce the 

transport of pollution that significantly 

affects downwind air quality. In this 

final action EPA is approving Kansas’ 

SIP revision, incorporating the statedetermined allocations for the 2016 

control periods into the SIP, and 

amending the regulatory text of the 

CSAPR Federal Implementation Plan 

(FIP) to reflect this approval and 

inclusion of the state-determined 

allocations. EPA is taking direct final 

action to approve Kansas’ SIP revision 

because it meets the requirements of the 

CAA and the CSAPR requirements to 

replace EPA’s allowance allocations for 

the 2016 control periods. This action is 

being taken pursuant to the CAA and its 

implementing regulations. EPA’s 

allocations of CSAPR trading program 

allowances for Kansas for control 

periods in 2017 and beyond remain in 

place until the State submits and EPA 

approves state-determined allowance 

allocations for those control periods 

through another SIP revision. The 

CSAPR FIPs for Kansas remain in place 

until such time as the State decides to 

replace the FIPs with a SIP revision. 

DATES: This direct final rule will be 

effective September 30, 2015, without 

further notice, unless EPA receives 

adverse comment by September 21, 

2015. If EPA receives adverse comment, 

we will publish a timely withdrawal of 

the direct final rule in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2015–0564, by one of the 

following methods: 

1. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Email: Kemp.lachala@epa.gov. 

3. Mail or Hand Delivery: Lachala 

Kemp, Environmental Protection 

Agency, Air Planning and Development 

Branch, 11201 Renner Boulevard, 

Lenexa, Kansas 66219. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–OAR–2015– 

0564. 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 


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50790 Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Rules and Regulations 

1Federal Implementation Plans: Interstate 

Transport of Fine Particulate Matter and Ozone and 

Correction of SIP Approvals; August 8, 2011 (76 FR 

48208). 

2The CSAPR is implemented in two Phases (I and 

II) with Phase I referring to 2015 and 2016 control 

periods, and Phase II consisting of 2017 and beyond 

control periods. 

3Rule To Reduce Interstate Transport of Fine 

Particulate Matter and Ozone (Clean Air Interstate 

Rule); Revisions to Acid Rain Program; Revisions to 

the NOX SIP Call; May 12, 2005 (70 FR 25162). 

4North Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 

2008), modified on reh’g, 550 F.3d 1176 (D.C. Cir. 

2008). 

5The CSAPR obligations related to ozone-season 

NOX emissions for five states were established in 

a separate rule referred to as the Supplemental 

Rule. Federal Implementation Plans for Iowa, 

Michigan, Missouri, Oklahoma, and Wisconsin and 

Determination for Kansas Regarding Interstate 

Transport of Ozone; December 27, 2011 (76 FR 

80760). 

6National Ambient Air Quality Standards for 

Particulate Matter; July 18, 1997 (62 FR 36852). 7National Ambient Air Quality Standards for 

Particulate Matter; October 17, 2006 (71 FR 61144). 

8National Ambient Air Quality Standards for 

Ozone; July 18, 1997 (62 FR 38856). 

9On July 28, 2015, the DC Circuit, issued an 

opinion upholding CSAPR, but remanding without 

vacatur certain state emissions budgets to EPA for 

reconsideration. EME Homer City Generation, L.P. 

v. EPA, No. 11–1302, slip op. CSAPR 

implementation at this time remains unaffected by 

the court decision, and EPA will address the 

remanded emissions budgets in a separate 

rulemaking. Moreover, Kansas’s emissions budgets 

were not among those remanded to EPA for 

reconsideration. 

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. 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 EPA public comment 

policy, information about CBI or 

multimedia submissions, and general 

guidance on making effective 

comments, please visit http://

www2.epa.gov/dockets/commentingepa-dockets. The www.regulations.gov 

Web site is an ‘‘anonymous access’’ 

system, which means EPA will not 

know your identity or contact 

information unless you provide it in the 

body of your comment. If you send an 

email comment directly to EPA without 

going through www.regulations.gov, 

your email address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. 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, will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Air Planning and Development Branch, 

11201 Renner Boulevard, Lenexa, 

Kansas 66219. The Regional Office’s 

official hours of business are Monday 

through Friday, 8:00 to 4:30 excluding 

legal holidays. The interested persons 

wanting to examine these documents 

should make an appointment with the 

office at least 24 hours in advance. 

FOR FURTHER INFORMATION CONTACT: 

Lachala Kemp, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 

913–551–7214 or by email at 

Kemp.lachalasa@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

or ‘‘our’’ refer to EPA. This section 

provides additional information by 

addressing the following: 

I. What is being addressed in this document? 

II. 2016 CSAPR SIPs 

III. What is EPA’s analysis of Kansas’ 

submission? 

IV. Final Action 

I. What is being addressed in this 

document? 

EPA is taking direct final action to 

approve revisions to the SIP submitted 

by the State of Kansas in a letter dated 

March 30, 2015, that modifies the 

allocations of annual NOX allowances 

established by EPA under the CSAPR 

FIPs for existing EGUs for the 2016 

control periods.1 The CSAPR allows a 

subject state, instead of EPA, to allocate 

allowances under the SO2 annual, NOX

annual, and NOX ozone season trading 

programs to existing EGUs in the State 

for the 2016 control periods provided 

that the state meets certain regulatory 

requirements.2 EPA issued the CSAPR 

on August 8, 2011, to address CAA 

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

concerning the interstate transport of air 

pollution and to replace the Clean Air 

Interstate Rule 3 (CAIR), which the 

United States Court of Appeals for the 

District of Columbia Circuit (DC Circuit) 

remanded to EPA for replacement.4 EPA 

found that emissions of SO2 and NOX in 

28 eastern, midwestern, and southern 

states 5 contribute significantly to 

nonattainment or interfere with 

maintenance in one or more downwind 

states with respect to one or more of 

three air quality standards—the annual 

PM2.5 NAAQS promulgated in 1997 6 (15 

micrograms per cubic meter (mg/m3)), 

the 24-hour PM2.5 NAAQS promulgated 

in 2006 7 (35 mg/m3), and the 8-hour 

ozone NAAQS promulgated in 1997 8

(0.08 parts per million). The CSAPR 

identified emission reduction 

responsibilities of upwind states, and 

also promulgated enforceable FIPs to 

achieve the required emission 

reductions in each of these states 

through cost effective and flexible 

requirements for power plants. 

Kansas is subject to the FIPs that 

implement the CSAPR and require 

certain EGUs to participate in the EPAadministered Federal SO2 annual and 

NOX annual cap-and trade programs.9

Kansas’ March 30, 2015, SIP revision 

allocates allowances under the CSAPR 

to existing EGUs in the State for the 

2016 control periods only. Kansas’ SIP 

revision includes state-determined 

allocations for the CSAPR NOX annual 

trading program, and complies with the 

2016 NOX allowance allocation SIP 

requirements set forth at 40 CFR 52.38. 

Pursuant to these regulations, a state 

may replace EPA’s CSAPR NOX

allowance allocations for existing EGUs 

for the 2016 control periods provided 

that the state submits a timely SIP 

revision containing those allocations to 

EPA that meets the requirements in 40 

CFR 52.38. 

Through this action, EPA is approving 

Kansas’ March 30, 2015, SIP revision, 

incorporating the allocations into the 

SIP, and amending the CSAPR FIP’s 

regulatory text for Kansas at 40 CFR 

52.882 to reflect this approval and 

inclusion of the state-determined 

allowance allocation for the 2016 

control periods. EPA’s allocations of 

CSAPR trading program allowances for 

Kansas for control periods in 2017 and 

beyond remain in place until the State 

submits and EPA approves statedetermined allocations for those control 

periods through another SIP revision. 

EPA is not making any other changes to 

the CSAPR FIPs for Kansas in this 

action. The CSAPR FIPs for Kansas 

remain in place until such time the 


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10States can also submit SIP revisions to replace 

EPA-determined, existing-unit allocations with 

state-determined allocations for control periods 

after 2016 via a separate process described at 40 

CFR 52.38(a)(4), (a)(5), (b)(4), and (b)(5) and 

52.39(e), (f), (h), and (i). 

11For the five states (Iowa, Michigan, Missouri, 

Oklahoma, and Wisconsin) covered in the 

Supplemental Rule in the case of ozone season 

NOX, March 6, 2012, was originally the date by 

which notifications of intentions to submit state 

allocations were due to the Administrator, but the 

date was later delayed to March 6, 2015. See 76 FR 

80760 and 79 FR 71671. 

12The docket for this action contains Kansas’ 

October 14, 2011 letter notifying EPA of its 

intention to submit a SIP revision. 

13Rulemaking to Amend Dates in Federal 

Implementation Plans Addressing Interstate 

Transport of Ozone and Fine Particulate Matter; 

December 3, 2014 (79 FR 71663). 

State decides to replace the FIPs with a 

SIP revision. EPA is taking direct final 

action to approve Kansas’ March 30, 

2015, SIP submission because it 

complies with the CAA and the CSAPR 

regulations. Below is a summary of the 

provisions allowing a state to submit 

SIP revisions to EPA to modify the 2016 

allowance allocations. For more detailed 

information on the CSAPR, refer to the 

August 8, 2011, preamble and other 

subsequent related rulemakings 

referenced throughout this rulemaking. 

II. 2016 CSAPR SIPs 

The CSAPR allows states to determine 

allowance allocations for 2016 control 

periods through submittal of a complete 

SIP revision that is narrower in scope 

than an abbreviated or full SIP 

submission that states may use to 

replace the FIPs and/or to determine 

allocations for control periods in 2017 

and beyond. Pursuant to the CSAPR, a 

state may adopt and include in a SIP 

revision for the 2016 control period a 

list of units and the amount of 

allowances allocated to each unit on the 

list, provided the list of units and the 

allocations meet specific requirements 

set forth in 40 CFR 52.38(a)(3) and (b)(3) 

for NOX and 52.39(d) and (g) for SO2. If 

these requirements are met, the 

Administrator will approve the SIP 

allowance allocation provisions as 

replacing the comparable provisions in 

40 CFR part 97 for the State. SIP 

revisions under this expedited process 

may only allocate the amount of each 

state budget minus the new unit setaside and the Indian country new unit 

set-aside. For states subject to multiple 

trading programs, options are available 

to submit 2016 state-determined 

allocations for one or more of the 

applicable trading programs while 

leaving unchanged the EPA-determined 

allocations for 2016 in the remaining 

applicable trading programs.10

In developing this procedure, EPA set 

deadlines for submitting the SIP 

revisions for 2016 allocations and for 

recordation of the allocations that 

balanced the need to record allowances 

sufficiently ahead of the control periods 

with the desire to allow state flexibility 

for 2016 control periods. These 

deadlines allow sufficient time for EPA 

to review and approve these SIP 

revisions, taking into account that EPA 

approval must be final and effective 

before the 2016 allocations can be 

recorded and the allowances are 

available for trading. The CSAPR, as 

revised, set a deadline of October 17, 

2011, or March 6, 2015, (in the case of 

allocations of ozone season allowances 

for states covered by the Supplemental 

Rule) for states to notify EPA of their 

intent to submit these SIP revisions.11

See 40 CFR 52.38 and 52.39. 

Twelve states, including Kansas, 

notified EPA by the applicable 

deadlines of their intentions to submit 

SIP revisions affecting 2016 

allocations.12 Pursuant to EPA’s 

December 3, 2014, Interim Final Rule,13

the deadlines to submit these SIPs were 

delayed by three years, making the 

deadline for these twelve states to 

submit a 2016 allocation SIP revision 

April 1, 2015, or October 1, 2015 (in the 

case of allocations of ozone season NOX

allowances for states covered by the 

Supplemental Rule). Each state may 

submit a SIP to allocate allowances for 

the 2016 control periods provided it 

meets the following requirements 

pursuant to 40 CFR 52.38 and 52.39: 

• Notify the EPA Administrator by 

October 17, 2011 or March 6, 2015, (in 

the case of allocations of ozone season 

NOX allowances for states covered by 

the Supplemental Rule) of intent to 

submit state allocations for the 2016 

control periods in a format specified by 

the Administrator. See 40 CFR 

52.38(a)(3)(v)(A), 52.38(b)(3)(v)(A), 

52.39(d)(5)(i), and 52.39(g)(5)(i). 

• Submit to EPA the SIP revision 

modifying allowance allocations for the 

2016 control periods no later than April 

1, 2015, or October 1, 2015 (in the case 

of allocations of ozone season NOX

allowances for states covered by the 

Supplemental Rule). See 40 CFR 

52.38(a)(3)(v)(B), 52.38(b)(3)(v)(B), 

52.39(d)(5)(ii), and 52.39(g)(5)(ii). 

• Provide 2016 state-determined 

allocations only for units within the 

State that commenced commercial 

operation before January 1, 2010. See 40 

CFR 52.38(a)(3)(i), 52.38(b)(3)(i), 

52.39(d)(1), and 52.39(g)(1). 

• Ensure that the sum of the statedetermined allocations is equal to or 

less than the amount of the total state 

budget for 2016 minus the sum of the 

new unit set-aside and the Indian 

country new unit set-aside. See 40 CFR 

52.38(a)(3)(ii), 52.38(b)(3)(ii), 

52.39(d)(2), and 52.39(g)(2). 

• Submit the list of units and the 

2016 state-determined allowance 

allocations as a SIP revision 

electronically to EPA in the format 

specified by the Administrator. See 40 

CFR 52.38(a)(3)(iii), 52.38(b)(3)(iii), 

52.39(d)(3), and 52.39(g)(3). 

• Confirm that the SIP revision does 

not provide for any changes to the listed 

units or allocations after approval of the 

SIP revision by EPA and does not 

provide for any change to any allocation 

determined and recorded by the 

Administrator under subpart AAAAA, 

BBBBB, CCCCC, or DDDDD of 40 CFR 

part 97. See 40 CFR 52.38(a)(3)(iv), 

52.38(b)(3)(iv), 52.39(d)(4), and 

52.39(g)(4). 

Additionally, these limited SIP 

revisions for the 2016 state-determined 

allocations are required to comply with 

SIP completeness elements set forth in 

40 CFR part 51, appendix V (i.e., 

conduct adequate public notice of the 

submission, provide evidence of legal 

authority to adopt SIP revisions, and 

ensure that the SIP is submitted to EPA 

by the State’s Governor or his/her 

designee). If a state submits to EPA a 

2016 CSAPR SIP revision meeting all 

the above-described requirements, 

including compliance with the 

applicable notification and submission 

deadlines, and EPA approves the SIP 

submission by October 1, 2015 (or April 

1, 2016, in the case of allocations of 

ozone season NOX allowances for states 

covered by the Supplemental Rule), 

EPA will record state-determined 

allocations for 2016 by October 1, 2015, 

(or April 1, 2016) into the Allowance 

Management System (AMS). Kansas’ 

March 30, 2015 SIP submission 

addresses the aforementioned 

requirements allowing a state to allocate 

2016 CSAPR allowances for the annual 

NOX trading program. EPA’s analysis of 

Kansas’s SIP submission is explained 

below. 

III. What is EPA’s analysis of Kansas’ 

SIP submission? 

On March 30, 2015, Kansas submitted 

a SIP revision intended to replace the 

CSAPR FIP allocations of the CSAPR 

NOX annual allowances for the 2016 

control periods. For approval, this SIP 

revision must meet the applicable 

requirements found in 40 CFR 

52.38(a)(3) described in section II of this 

document. The following is a list of 

criteria under 40 CFR 52.38(a)(3) and 

(b)(3) and 52.39(d) and (g), described 

above in this document, and the results 


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50792 Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Rules and Regulations 

14The abbreviation ‘‘TR’’ in certain legal terms 

used in the CSAPR trading programs, including the 

legal terms for the trading program allowances, 

stands for ‘‘Transport Rule,’’ an earlier name for the 

CSAPR. 

15The October 14, 2011 letter submitted to EPA 

by Kansas also indicates that the State intended to 

submit a SIP revision for allocating TR NOX Ozone 

Season allowances (if EPA’s proposal to include 

Kansas in that program was finalized) and TR SO2

Group 2 allowances. After that letter was submitted 

EPA did not finalize the proposal to include Kansas 

in the TR NOX Ozone Season Trading Program and 

the State decided not to submit a SIP revision for 

the TR SO2 Group 2 allocations for the 2016 control 

period. 

of EPA’s analysis of Kansas’ SIP 

revision: 

A. Notification from a State to EPA 

must be received by October 17, 2011, 

or March 6, 2015, in the case of ozone 

season NOX SIP revisions for states 

covered by the December 27, 2011 

Supplemental Rule (76 FR 80760), of its 

intent to submit a complete SIP revision 

for 2016 existing unit allocations (40 

CFR 52.38(a)(3)(v)(A), 52.38(b)(3)(v)(A), 

52.39(d)(5)(i), and 52.39(g)(5)(i)). 

On October 14, 2011, Kansas notified 

EPA via a letter of the State’s intent to 

submit complete SIP revisions for 

allocating TR NOX Annual allowances 14

to existing units (i.e., units that 

commenced commercial operation 

before January 1, 2010) for the second 

implementation year of the CSAPR 

trading programs.15

B. A complete SIP revision must be 

submitted to EPA no later than April 1, 

2015, or October 1, 2015, in the case of 

ozone season NOX SIP revisions for 

states covered by the December 27, 2011 

Supplemental Rule (76 FR 80760) (40 

CFR 52.38(a)(3)(v)(B), 52.38(b)(3)(v)(B), 

52.39(d)(5)(ii), and 52.39(g)(5)(ii)). 

EPA has reviewed the March 30, 2015 

submittal from Kansas and found it to 

be complete. This submittal satisfies the 

applicable elements of SIP completeness 

set forth in appendix V to 40 CFR part 

51. 

C. The SIP revision should include a 

list of TR NOX Annual, TR NOX Ozone 

Season, TR SO2 Group 1 or Group 2 

units, whichever is applicable, that are 

in the State and commenced 

commercial operation before January 1, 

2010 (40 CFR 52.38(a)(3)(i), 

52.38(b)(3)(i), 52.39(d)(1), and 

52.39(g)(1)). 

As part of Kansas’ SIP revision, the 

State submitted a list of units to be 

allocated TR NOX Annual allowances 

for the 2016 control period. The list 

identifies the same units as were 

identified in the notice of data 

availability (NODA) published by EPA 

on December 3, 2014 (79 FR 71674). 

Hence, EPA has determined that each 

unit on the list submitted by Kansas as 

part of the SIP revision is located in the 

State of Kansas and had commenced 

commercial operation before January 1, 

2010. 

D. The total amount of TR NOX

Annual, TR NOX Ozone Season, or TR 

SO2 Group 1 or Group 2 allowance 

allocations, whichever is applicable, 

must not exceed the amount, under 40 

CFR 97.410(a), 97.510(a), 97.610(a), or 

97.710(a), whichever is applicable, for 

the State and the control periods in 

2016, of the TR NOX Annual, TR NOX

Ozone Season, TR SO2 Group 1 or 

Group 2 trading budget minus the sum 

of the new unit set-aside and Indian 

country new unit set-aside (40 CFR 

52.38(a)(3)(ii), 52.38(b)(3)(ii), 

52.39(d)(2), and 52.39(g)(2)). 

As amended, the CSAPR established 

the NOX Annual budget, new unit setaside, and Indian country new unit setaside for Kansas for the 2016 control 

period as 31,354 tons, 596 tons, and 31 

tons, respectively. Kansas’ SIP revision, 

for approval in this action, does not 

affect this budget, which is a total 

amount of allowances available for 

allocation for the 2016 control period 

under the EPA-administered cap-andtrade program under the CSAPR FIPs. In 

short, the abbreviated SIP revision only 

affects allocations of allowances under 

the established state budget. 

The Kansas SIP revision allocating TR 

NOX Annual allowances for the 2016 

control period does not establish 

allocations exceeding the amount of the 

budget under § 97.410(a) minus the sum 

of the new unit set-aside and the Indian 

County new unit set aside (31,354 

tons¥(596 tons + 31 tons) = 30,727 

tons). The Kansas SIP revision allocates 

30,727 TR NOX Annual allowances to 

existing units in the State. 

E. The list should be submitted 

electronically in the format specified by 

the EPA (40 CFR 52.38(a)(3)(iii), 

52.38(b)(3)(iii), 52.39(d)(3), and 

52.39(g)(3)). 

On March 30, 2015, EPA received an 

email submittal from Kansas in the EPAapproved format. 

F. The SIP revision should not 

provide for any changes to the listed 

units or allocations after approval of the 

SIP revision and should not provide for 

any change to any allocation determined 

and recorded by the Administrator 

under subpart AAAAA, BBBBB, CCCCC, 

or DDDDD of 40 CFR part 97 (40 CFR 

52.38(a)(3)(iv), 52.38(b)(3)(iv), 

52.39(d)(4), and 52.39(g)(4)). 

The Kansas SIP revision does not 

provide for any changes to the listed 

units or allocations after approval of the 

SIP revision and does not provide for 

any change to any allocation determined 

and recorded by the Administrator 

under subpart AAAAA, BBBBB, CCCCC, 

or DDDDD of 40 CFR part 97. 

For the reasons discussed above, 

Kansas’ SIP revision complies with the 

2016 allowance allocation SIP 

requirements established in the CSAPR 

FIPs as codified at 40 CFR 52.38. 

Through this action, EPA is approving 

Kansas’ March 30, 2015, SIP revision, 

incorporating the allocations into the 

SIP, and amending the CSAPR FIPs’ 

regulatory text for Kansas at 40 CFR 

52.882 to reflect this approval and 

inclusion of the state-determined 

allowance allocations for the 2016 

control periods. EPA is not making any 

other changes to the CSAPR FIPs for 

Kansas in this action. EPA is taking final 

action to approve Kansas’ March 30, 

2015 SIP revision because it is in 

accordance with the CAA and its 

implementing regulations. 

IV. Final Action 

EPA is taking final action to approve 

Kansas’ March 30, 2015, CSAPR SIP 

revisions that provide Kansas’ statedetermined allowance allocations for 

existing EGUs in the State for the 2016 

control periods to replace certain 

allowance allocations for the 2016 

control periods established by EPA 

under the CSAPR. Consistent with the 

flexibility given to states in the CSAPR 

FIPs at 40 CFR 52.38, Kansas’ SIP 

revision allocates allowances to existing 

EGUs in the State under the CSAPR’s 

NOX annual trading program. Kansas’ 

SIP revision meets the applicable 

requirements in 40 CFR 52.38 for NOX

annual allowance allocations for the 

2016 control periods. EPA is approving 

Kansas’ SIP revision because it is in 

accordance with the CAA and its 

implementing regulations. 

EPA is publishing this rule without 

prior proposal because the Agency 

views this as a noncontroversial 

submittal and anticipates no adverse 

comments. However, in the proposed 

rules section of this Federal Register 

publication, EPA is publishing a 

separate document that will serve as the 

proposal to approve the SIP revision 

should adverse comments be filed. This 

rule will be effective September 30, 

2015 without further notice unless the 

Agency receives adverse comments by 

September 21, 2015. 

If EPA receives such comments, then 

EPA will publish a document 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All public comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period. Parties 

interested in commenting should do so 


rmajette on DSK7SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Rules and Regulations 50793 

at this time. If no such comments are 

received, the public is advised that this 

rule will be effective on September 30, 

2015 and no further action will be taken 

on the proposed rule. 

Statutory and Executive Order Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by October 20, 2015. 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 CAA 

section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: August 12, 2015. 

Mark Hague, 

Acting Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 52 

as set forth below: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 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(e), the table is amended 

by adding a new entry (40) at the end 

of the table 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 

*******

(40) Cross State Air Pollution Rule—State-Determined Allowance Allocations for the 2016 control periods.Statewide ..................... 3/30/15 8/21/2015 [Insert Federal Register citation].

■ 3. Section 52.882 is amended by 

adding paragraph (a)(3) to read as 

follows: 

§ 52.882 Interstate pollutant transport 

provisions; What are the FIP requirements 

for decreases in emissions of nitrogen 

oxides? 

(a) * * * 

(3) Pursuant to § 52.38(a)(3), Kansas’ 

state-determined TR NOX Annual 

allowance allocations established in the 

March 30, 2015, SIP revision replace the 

unit-level TR NOX Annual allowance 

allocation provisions of the TR NOX

Annual Trading Program at 40 CFR 

97.411(a) for the State for the 2016 

control period with a list of TR NOX


rmajette on DSK7SPTVN1PROD with RULES
50794 Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Rules and Regulations 

Annual units that commenced operation 

prior to January 1, 2010, in the State and 

the state-determined amount of TR NOX

Annual allowances allocated to each 

unit on such list for the 2016 control 

period, as approved by EPA on August 

21, 2015, [Insert Federal Register 

citation]. 

* * * * * 

[FR Doc. 2015–20629 Filed 8–20–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R10–RCRA–2015–0307; FRL–9932– 

87–Region 10] 

Idaho: Final Authorization of State 

Hazardous Waste Management 

Program; Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Idaho applied to the 

Environmental Protection Agency (EPA) 

for final authorization of certain changes 

to its hazardous waste program under 

the Resource Conservation and 

Recovery Act (RCRA), as amended. On 

June 2, 2015, the EPA published a 

proposed rule to authorize the changes 

and opened a public comment period 

under Docket ID No. EPA–R10–RCRA– 

2015–0307. The comment period closed 

on July 2, 2015. The EPA received no 

comments on the proposed rule. The 

EPA has determined that the revisions 

to the Idaho hazardous waste 

management program satisfy all the 

requirements necessary to qualify for 

final authorization. The EPA is 

approving these revisions to Idaho’s 

authorized hazardous waste 

management program in this final rule. 

DATES: Final authorization for the 

revisions to the hazardous waste 

management program in Idaho shall be 

effective at 1 p.m. EST on September 21, 

2015. 

ADDRESSES: Docket: All documents in 

the docket are listed in the 

www.regulations.gov index. 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, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy at the EPA Region 10 

Library, 1200 Sixth Avenue, Suite 900, 

Seattle, Washington 98101. The EPA 

Region 10 Library is open from 9:00 a.m. 

to noon, and 1:00 to 4:00 p.m. pst 

Monday through Friday, excluding legal 

holidays. The EPA Region 10 Library 

telephone number is (206) 553–1289. 

FOR FURTHER INFORMATION CONTACT: 

Barbara McCullough, U.S. EPA, Region 

10, 1200 Sixth Avenue, Suite 900, Mail 

Stop: AWT–150, Seattle, Washington 

98101, email: mccullough.barbara@

epa.gov, phone number (206) 553–2416. 

SUPPLEMENTARY INFORMATION: 

A. Why are revisions to state programs 

necessary? 

States which have received final 

authorization from the EPA under RCRA 

section 3006(b), 42 U.S.C. 6926(b), must 

maintain a hazardous waste program 

that is equivalent to, consistent with, 

and no less stringent than the Federal 

program. As the Federal program 

changes, states must change their 

programs and ask the EPA to authorize 

their changes. Changes to state programs 

may be necessary when Federal or state 

statutory or regulatory authority is 

modified or when certain other changes 

occur. Most commonly, states must 

change their programs because of 

changes to the EPA’s regulations 

codified in Title 40 of the Code of 

Federal Regulations (CFR) parts 124, 

260 through 268, 270, 273, and 279. 

Idaho’s hazardous waste management 

program received final authorization 

effective on April 9, 1990 (55 FR 11015, 

March 29, 1990). Subsequently, the EPA 

authorized revisions to the State’s 

program effective June 5, 1992 (57 FR 

11580, April 6, 1992), August 10, 1992 

(57 FR 24757, June 11, 1992), June 11, 

1995 (60 FR 18549, April 12, 1995), 

January 19, 1999 (63 FR 56086, October 

21, 1998), July 1, 2002 (67 FR 44069, 

July 1, 2002), March 10, 2004 (69 FR 

11322, March 10, 2004), July 22, 2005 

(70 FR 42273, July 22, 2005), February 

26, 2007 (72 FR 8283, February 26, 

2007), December 23, 2008 (73 FR 78647, 

December 23, 2008), and July 11, 2012 

(77 FR 34229, June 11, 2012). 

This final rule addresses a program 

revision application that Idaho 

submitted to the EPA in February 2015, 

in accordance with 40 CFR 271.21, 

seeking authorization of changes to the 

State program. On June 2, 2015, the EPA 

published a proposed rule (80 FR 

31338) stating the Agency’s intent to 

grant final authorization for revisions to 

Idaho’s hazardous waste management 

program. The public comment period on 

this proposed rule ended on July 2, 

2015, with no comments received. 

B. What decisions have we made in this 

final rule concerning authorization? 

The EPA has made a final 

determination that Idaho’s revisions to 

its authorized hazardous waste 

management program meet all the 

statutory and regulatory requirements 

established by RCRA for authorization. 

Therefore, the EPA is authorizing the 

revised State of Idaho hazardous waste 

management program for all delegable 

Federal hazardous waste regulations 

codified by Idaho as of July 1, 2013, as 

described in the Attorney General’s 

Statement in the February 2015 program 

revision application, and as discussed 

in Section E of this rule. Idaho’s 

authorized program will be responsible 

for carrying out the aspects of the RCRA 

program described in its program 

revision application subject to the 

limitations of RCRA, including the 

Hazardous and Solid Waste 

Amendments (HSWA) 42 U.S.C. 6924, 

et seq. (1984). New Federal 

requirements and prohibitions imposed 

by Federal regulations that the EPA 

promulgates under the authority of 

HSWA, and which are not less stringent 

than existing requirements, take effect 

in authorized states before the states are 

authorized for the requirements. Thus, 

the EPA will implement those 

requirements and prohibitions in Idaho, 

including issuing permits, until the 

State is granted authorization to do so. 

C. What will be the effect of this action? 

The effect of this action is that a 

facility in Idaho subject to RCRA must 

comply with the authorized state 

program requirements in lieu of the 

corresponding Federal requirements to 

comply with RCRA. Additionally, such 

persons must comply with any 

applicable Federal requirements, such 

as, for example, HSWA regulations 

issued by the EPA for which the State 

has not received authorization, and 

RCRA requirements that are not 

supplanted by authorized state 

requirements. Idaho continues to have 

enforcement responsibilities under its 

state hazardous waste management 

program for violations of this program, 

but the EPA retains its authority under 

RCRA sections 3007, 3008, 3013, and 

7003, 42 U.S.C. 6927, 6928, 6934 and 

6973, and any other applicable statutory 

and regulatory provisions, which 

includes, among others, the authority to: 

• Conduct inspections; 

• Require monitoring, tests, analyses, 

or reports; 

• Enforce RCRA requirements; 

• Suspend, terminate, modify or 

revoke permits; and 


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