Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Rules and Regulations 62861 

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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, 

Greenhouse gases, Lead, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: October 2, 2014. 

Debra H. Thomas, 

Acting Regional Administrator, Region 8. 

40 CFR part 52 is amended to read as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority for citation for part 52 

continues to read as follows: 

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

Subpart ZZ—Wyoming 

■ 2. In § 52.2620, the table titled ‘‘State 

of Wyoming Regulations’’ in paragraph 

(c)(1) is amended under Chapter 3 by 

revising the entry for Section 2 to read 

as follows: 

§ 52.2620 Identification of plan. 

* * * * * 

(c) * * * 

(1) * * * 

State citation Title/subject 

State 

adopted and 

effective 

date 

EPA approval date and 

citation 1 Explanations 

*******

Chapter 3 

Section 2 ........................... Emission standards for particulate matter .................. 9/12/13, 

11/22/13 

10/21/14, [insert Federal 

Register citation].

* * * * * * * 

1 In order to determine the EPA effective date for a specific provision that is listed in this table, consult the Federal Register cited in this column for that particular provision. 

* * * * * 

[FR Doc. 2014–24930 Filed 10–20–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2014–0401; FRL–9918–19– 

Region 7] 

Approval and Promulgation of 

Implementation Plans; State of 

Kansas; Infrastructure SIP 

Requirements for the 2008 Ozone 

National Ambient Air Quality Standard 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve elements of a State 

Implementation Plan (SIP) submission 

from the State of Kansas addressing the 

applicable requirements of Clean Air 

Act (CAA) sections 110 for the 2008 

National Ambient Air Quality Standards 

(NAAQS) for Ozone (O3), which 

requires that each state adopt and 

submit a SIP to support implementation, 

maintenance, and enforcement of each 

new or revised NAAQS promulgated by 

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 

November 20, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2014–0401. All 

documents in the electronic docket are 

listed in the http://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. Publicly 

available docket materials are available 

either electronically at http://

www.regulations.gov or in hard copy at 

U.S. Environmental Protection Agency, 

Region 7, 11201 Renner Boulevard, 

Lenexa, Kansas 66219 from 8:00 a.m. to 

4:30 p.m., Monday through Friday, 

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: Ms. 

Lachala Kemp, Air Planning and 

Development Branch, U.S. 

Environmental Protection Agency, 

Region 7, 11201 Renner Boulevard, 

Lenexa, KS 66219; telephone number: 

(913) 551–7214; fax number: (913) 551– 

7065; email address: kemp.lachala@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we refer 

to EPA. This section provides additional 

information by addressing the following 

questions: 

I. Background 

II. Summary of SIP Revision 

III. EPA’s Response to Comments 

IV. Final Action 

V. Statutory and Executive Order Review 

I. Background 

On July 16, 2014 (79 FR 41476), EPA 

published a notice of proposed 

rulemaking (NPR) for the State of 

Kansas. The NPR proposed approval of 

Kansas’ submissions that provide the 

basic elements specified in section 

110(a)(2) of the CAA, or portions 

thereof, necessary to implement, 

maintain, and enforce the 2008 Pb 

NAAQS. 

II. Summary of SIP Revision 

On March 19, 2013, and May 9, 2013, 

EPA received SIP submissions from the 

state of Kansas that address the 

infrastructure elements specified in 


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62862 Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Rules and Regulations 

section 110(a)(2) for the 2008 O3

NAAQS. The submissions addressed the 

following infrastructure elements of 

section 110(a)(2): (A), (B), (C), (D), (E), 

(F), (G), (H), (J), (K), (L), and (M). 

Specific requirements of section 

110(a)(2) of the CAA and the rationale 

for EPA’s proposed action to approve 

the SIP submission are explained in the 

NPR and will not be restated here. 

The public comment period on EPA’s 

proposed rule opened on July 16, 2014, 

the date of its publication in the Federal 

Register, and closed on August 15, 

2014. During this period, EPA received 

two comment letters: One from a citizen 

received July 17, 2014, and one from the 

Kansas Department of Health and 

Environment (KDHE) received August 

13, 2014. The letters are available in the 

docket to today’s final rule. The citizen 

comment was made in support of EPA’s 

efforts to protect the environment in the 

state of Kansas, and did not result in 

changes to this final action. Today’s 

final action includes EPA’s response to 

KDHE’s comment. 

III. EPA’s Response to Comments 

Comment: KDHE commented that 

EPA retract certain language in the 

proposed rulemaking for today’s final 

action. Regarding section 110(a)(2)(E)(3), 

the proposed rulemaking states at 79 FR 

41493: ‘‘Currently, KDHE oversees the 

following local agencies that implement 

the Kansas Air Quality Act: The City of 

Wichita Office of Environmental Health, 

Johnson County Department of Health 

and Environment, Shawnee County 

Health Agency, and Unified 

Government of Wyandotte CountyKansas City, Kansas Public Health 

Department’’. Regarding section 

110(a)(2)(M), the proposed rulemaking 

states at 79 FR 41496: ‘‘Currently, 

KDHE’s Bureau of Air and Radiation has 

signed state and/or local agreements 

with the Department of Air Quality from 

the Unified Government of Wyandotte 

County-Kansas City, Kansas; the 

Wichita Office of Environmental Health; 

the Shawnee County Health 

Department, the Johnson County 

Department of Health and Environment; 

and the Mid-America Regional 

Council’’. KDHE states that as of 

September 30, 2012, they no longer 

contract with the Shawnee County 

Health Department. 

Response: EPA acknowledges that 

KDHE no longer oversees or contracts 

with the Shawnee County Health 

Department for purposes of sections 

110(a)(2)(E)(3) and 110(a)(2)(M). 

IV. Final Action 

EPA is approving Kansas’ 

submissions which provide the basic 

program elements specified in section 

110(a)(2)(A), (B), (C), (D)(i)(II) (prongs 3 

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

and (M) of the CAA, or portions thereof, 

necessary to implement, maintain, and 

enforce the 2008 O3 NAAQS, as a 

revision to the Kansas SIP. This action 

is being taken under section 110 of the 

CAA. As discussed in each applicable 

section of NPR, EPA is not acting on 

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

110(a)(2)(I)—Nonattainment Area Plan 

or Plan Revisions Under Part D, and on 

the visibility protection portion of 

section 110(a)(2)(J). 

V. Statutory and Executive Order 

Review 

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’’ under the terms of Executive 

Order 12866 (58 FR 51735, October 4, 

1993) and is therefore not subject to 

review under Executive Orders 12866 

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 CAA; 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, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

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 December 22, 2014. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Ozone, and 

Reporting and recordkeeping 

requirements. 

Dated: September 24, 2014. 

Karl Brooks, 

Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, the Environmental Protection 


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Federal Register / Vol. 79, No. 203 / Tuesday, October 21, 2014 / Rules and Regulations 62863 

Agency 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 new entry (38) in numerical 

order 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 

*******

(38) Section 110(a)(2) Infrastructure Requirements for the 2008 O3 NAAQS.Statewide .......... 3/19/2013 10/21/2014 [Insert 

Federal Register 

citation].

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) except as noted. 

[FR Doc. 2014–24781 Filed 10–20–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 82 

[EPA–HQ–OAR–2003–0118; FRL–9918–30– 

OAR] 

RIN 2060–AG12 

Protection of Stratospheric Ozone: 

Determination 29 for Significant New 

Alternatives Policy Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Determination of acceptability. 

SUMMARY: This Determination of 

Acceptability expands the list of 

acceptable substitutes for ozonedepleting substances under the U.S. 

Environmental Protection Agency’s 

(EPA) Significant New Alternatives 

Policy (SNAP) program. This action lists 

as acceptable additional substitutes for 

use in the refrigeration and air 

conditioning, foam blowing, and fire 

suppression and explosion protection 

sectors. 

DATES: This determination is effective 

on October 21, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2003–0118 

(continuation of Air Docket A–91–42). 

All electronic documents in the docket 

are listed in the index at 

www.regulations.gov. 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. Publicly available 

docket materials are available either 

electronically at www.regulations.gov or 

in hard copy at the EPA Air Docket 

(Nos. A–91–42 and EPA–HQ–OAR– 

2003–0118), EPA/DC, EPA West, Room 

3334, 1301 Constitution Ave. NW., 

Washington, DC. The Public Reading 

Room is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number 

for the Public Reading Room is (202) 

566–1744, and the telephone number for 

the Air Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: 

Margaret Sheppard by telephone at 

(202) 343–9163, by facsimile at (202) 

343–2338, by email at 

sheppard.margaret@epa.gov, or by mail 

at U.S. Environmental Protection 

Agency, Mail Code 6205T, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460. Overnight or courier 

deliveries should be sent to the office 

location at 1201 Constitution Avenue 

NW., Washington, DC 20004. 

For more information on the agency’s 

process for administering the SNAP 

program or criteria for evaluation of 

substitutes, refer to the original SNAP 

rulemaking published in the Federal 

Register on March 18, 1994 (59 FR 

13044). Notices and rulemakings under 

the SNAP program, as well as other EPA 

publications on protection of 

stratospheric ozone, are available at 

EPA’s Ozone Depletion Web site at 

www.epa.gov/ozone/strathome.html 

including the SNAP portion at 

www.epa.gov/ozone/snap/. 

SUPPLEMENTARY INFORMATION: 

I. Listing of New Acceptable Substitutes 

A. Refrigeration and Air Conditioning 

B. Foam Blowing 

C. Fire Suppression and Explosion 

Protection 

II. Section 612 Program 

A. Statutory Requirements and Authority 

for the SNAP Program 

B. EPA’s Regulations Implementing 

Section 612 

C. How the Regulations for the SNAP 

Program Work 

D. Additional Information About the SNAP 

Program 

Appendix A—Summary of Decisions for New 

Acceptable Substitutes 

I. Listing of New Acceptable Substitutes 

This action presents EPA’s most 

recent decision to list as acceptable 

several substitutes in the refrigeration 

and air conditioning, foam blowing, and 

fire suppression and explosion 

protection sectors. New substitutes 

include trans-1-chloro-3,3,3- 

trifluoroprop-1-ene in non-mechanical 

heat transfer, and in flexible 

polyurethane foams; CO2 in refrigerated 

transport; R–450A in a variety of 

refrigeration and air conditioning enduses; methylal and hydrofluoroolefin 

(HFO)-1336mzz(Z) in a variety of foam 

blowing end-uses; and Powdered 

Aerosol D in the total flooding end-use. 

For copies of the full list of acceptable 

substitutes for ozone depleting 

substances (ODS) in all industrial 

sectors, visit EPA’s Ozone Layer 

Protection Web site at www.epa.gov/

ozone/snap/lists/index.html. 

The sections below discuss each 

substitute listing in detail. Appendix A 

contains tables summarizing today’s 

listing decisions for these new 

acceptable substitutes. The statements 

in the ‘‘Further Information’’ column in 

the tables provide additional 

information, but are not legally binding 


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