47034 Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Rules and Regulations 

STATE OF OREGON AIR QUALITY CONTROL PROGRAM—Continued 

SIP citation Title/subject State 

effective date 

EPA 

approval date Explanation 

4.60, 9/9/2005 ........................ 4.60, 6/19/2006, 71 FR 35159 4.60 Lakeview PM10 Maintenance Plan. 

4.61, 9/26/2011 ...................... 4.61, 4/11/2013, 78 FR 21547 4.61 Eugene-Springfield PM10

Limited Maintenance Plan. 

4.62, 12/12/2012 .................... 4.62, 6/6/2016, 81 FR 36178 4.62, Klamath Falls PM2.5 Attainment Plan. 

4.63, 4/16/2015 ...................... 4.63, 7/28/2015, 80 FR 44867 4.63 Grants Pass Second 10- 

Year Carbon Monoxide 

Limited Maintenance Plan. 

4.64, 4/16/2015 ...................... 4.64, 7/30/2015 80 FR 45435 4.64 Grants Pass Second 10- 

Year PM10 Limited Maintenance Plan. 

4.65, 12/11/2015 .................... 4.65 7/20/2016 [Insert Federal Register citation].4.65 Medford Second 10- 

Year Carbon Monoxide 

Limited Maintenance Plan. 

* * * * * * * 

* * * * * 

[FR Doc. 2016–17060 Filed 7–19–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2015–0708; FRL 9949–13– 

Region 7] 

Approval and Promulgation of Air 

Quality Implementation Plans; State of 

Kansas; 2015 Kansas State 

Implementation Plan for the 2008 Lead 

Standard 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a revision to the State 

Implementation Plan (SIP) for the State 

of Kansas. This final action will approve 

Kansas’ SIP for the lead National 

Ambient Air Quality Standard (NAAQS) 

nonattainment area of Salina, Saline 

County, Kansas, received by EPA on 

February 25, 2015. EPA proposed 

approval of this plan on February 29, 

2016. The applicable standard 

addressed in this action is the lead 

NAAQS promulgated by EPA in 2008. 

EPA believes that the SIP submitted by 

the state satisfies the applicable 

requirements of the Clean Air Act (CAA) 

identified in EPA’s Final Rule published 

in the Federal Register on October 15, 

2008, and will bring the designated 

portions of Salina, Kansas, into 

attainment of the 0.15 microgram per 

cubic meter (ug/m3) lead NAAQS. 

DATES: This final rule is effective on 

August 19, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2015–0708. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. 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 www.regulations.gov 

or please contact the person identified 

in the FOR FURTHER INFORMATION

CONTACT section for additional 

information. 

FOR FURTHER INFORMATION CONTACT: 

Stephanie Doolan, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 

(913) 551–7719, or by email at 

doolan.stephanie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

or ‘‘our’’ refer to EPA. 

Table of Contents 

I. What is being addressed in this document? 

II. Have the requirements for the approval of 

a SIP revision been met? 

III. EPA’s Response to Comments 

IV. What action is EPA taking? 

I. What is being addressed in this 

document? 

In this document, EPA is granting 

final approval of Kansas’ attainment 

demonstration SIP for the lead NAAQS 

nonattainment area in portions of 

Salina, Saline County, Kansas. The 

applicable standard addressed in this 

action is the lead NAAQS promulgated 

by EPA in 2008. EPA believes that the 

SIP submitted by the state satisfies the 

applicable requirements of the CAA 

identified in EPA’s Final Rule (73 FR 

66964, October 15, 2008), and will bring 

the area into attainment of the 0.15 

microgram per cubic meter (ug/m3) lead 

NAAQS. EPA’s proposal containing the 

background information for this action 

can be found at 81 FR 10162, February 

29, 2016. 

II. Have the requirements for the 

approval of a SIP revision been met? 

The state submission has met the 

public notice requirements for SIP 

submissions in accordance with 40 CFR 

51.102. The submission also satisfied 

the completeness criteria of 40 CFR part 

51, appendix V. In addition, the revision 

meets the substantive SIP requirements 

of the CAA, including section 110 and 

implementing regulations. 

III. EPA’s Response to Comments 

The public comment period on EPA’s 

proposed rule opened February 29, 

2016, the date of its publication in the 

Federal Register, and closed on March 

30, 2016. During this period, EPA 

received one comment letter from Exide 

Technologies, dated March 23, 2016. 

The comment letter contained one 

comment regarding EPA’s process 

description in section V.A.1 of the 

proposal which states: 

‘‘The Exide facility in Salina, Kansas, 

manufactures lead acid batteries for 

automobiles, trucks, and watercraft. Lead 

emissions result from breaking open used 

batteries, re-melting the lead and 

reformulating new batteries.’’ 

Exide commented that EPA is in error 

regarding the description of the facility’s 

processes; the Exide Salina, Kansas, 

facility does not break open used 


rmajette on DSK2TPTVN1PROD with RULES
Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Rules and Regulations 47035 

1 62 FR 27968 (May 22, 1997). 

batteries, but rather, the facility 

maufactures new batteries at this 

location. EPA agrees with this comment. 

EPA misunderstood this portion of the 

facility operations. This comment does 

not substantively impact the decision to 

approve the attainment SIP, and EPA is 

therefore not changing its proposed 

action based on this comment. 

IV. What action is EPA taking? 

EPA is taking final action to amend 

the Kansas SIP to approve Kansas’ 

attainment demonstration SIP for the 

2008 lead NAAQS. The applicable 

standard addressed in this action is the 

lead NAAQS promulgated by EPA in 

2008 (73 FR 66964). 

Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of the EPA-Approved 

Kansas Source-Specific Requirements. 

Therefore, these materials have been 

approved by EPA for inclusion in the 

State implementation plan, have been 

incorporated by reference by 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 EPA’s approval, and will 

be incorporated by reference by the 

Director of the Federal Register in the 

next update to the SIP compilation.1

EPA has made, and will continue to 

make, these documents generally 

available electronically through 

www.regulations.gov and at the 

appropriate EPA office (see the 

ADDRESSES section of this preamble for 

more information). 

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 September 19, 2016. Filing a 

petition for reconsideration by the 

Administrator of this rule does not 

affect the finality of this rulemaking 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 future 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, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: July 8, 2016. 

Mark Hague, 

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: 

■ a. The table in paragraph (d) is 

amended by adding an entry ‘‘(5)’’ at the 

end of the table; and 

■ b. The table in paragraph (e) is 

amended by adding an entry ‘‘(43)’’ at 

the end of the table. 

The additions read as follows: 

§ 52.870 Identification of plan. 

(d) * * * 


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47036 Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Rules and Regulations 

1Areas designated as mandatory Class I Federal 

areas consist of national parks exceeding 6000 

acres, wilderness areas and national memorial parks 

exceeding 5000 acres, and all international parks 

that were in existence on August 7, 1977 (42 U.S.C. 

7472(a)). 

2On May 22, 2012, EPA approved Rhode Island’s 

August 7, 2009 Regional Haze SIP to address the 

EPA-APPROVED KANSAS SOURCE-SPECIFIC REQUIREMENTS

Name of source Permit or case 

No. 

State 

effective date 

EPA 

approval date Explanation 

*******

(5) Exide Technologies ................... 1690035 8/18/14 7/20/16, [Insert Federal Register 

citation].

* * * * * (e) * * * 

EPA-APPROVED KANSAS NONREGULATORY PROVISIONS

Name of nonregulatory 

SIP provision 

Applicable 

geographic or 

nonattainment 

area 

State 

submittal 

date 

EPA 

approval date Explanation 

*******

(43) Attainment plan for 2008 lead 

NAAQS.

Salina ............. 2/3/15 7/20/16, [Insert Federal Register 

citation].

[EPA–R07–OAR–2015–0708; 

9949–13–Region 7]. 

[FR Doc. 2016–17065 Filed 7–19–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2015–0015; A–1–FRL– 

9949–17–Region 1] 

Air Plan Approval; RI; Regional Haze 

Five Year Progress Report 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Rhode Island 

on January 7, 2015. This SIP revision 

includes Rhode Island’s regional haze 

progress report and adequacy 

determination for the first regional haze 

implementation period. This action is 

being taken under the Clean Air Act 

(CAA). 

DATES: This direct final rule will be 

effective September 19, 2016, unless 

EPA receives adverse comments by 

August 19, 2016. If adverse comments 

are received, EPA 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 Number EPA– 

R01–OAR–2015–0015 by one of the 

following methods at 

www.regulations.gov, or via email to 

arnold.anne@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, the EPA may publish any 

comments received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the Web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Anne K. McWilliams, Air Quality 

Planning Unit, U.S. Environmental 

Protection Agency, New England 

Regional Office, 5 Post Office Square— 

Suite 100, (Mail code OEP05–2), Boston, 

MA 02109—3912, telephone (617) 918– 

1697, facsimile (617) 918–0697, email 

mcwilliams.anne@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

Organization of this document. The 

following outline is provided to aid in 

locating information in this preamble. 

I. Background 

II. Requirements for the Regional Haze 

Progress Report SIPs and Adequacy 

Determinations 

III. EPA’s Evaluation of Rhode Island’s SIP 

Revision 

A. Regional Haze Progress Report 

B. Determination of Adequacy of Existing 

Regional Haze Plan 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. Background 

States are required to submit a 

progress report in the form of a SIP 

revision every five years which 

evaluates progress towards the 

Reasonable Progress Goals (RPGs) for 

each mandatory Class I Federal area 

(Class I area) 1 within the state and each 

Class I area outside of the State which 

may be affected by emissions from 

within the state. See 40 CFR 51.308(g). 

States are also required to submit, at the 

same time as the progress report, a 

determination of the adequacy of the 

state’s existing SIP. See 40 CFR 

51.308(h). The first progress report is 

due five years after submittal of the 

initial regional haze SIP. On August 7, 

2009, Rhode Island submitted the 

State’s first Regional Haze SIP in 

accordance with the requirements of 40 

CFR 51.308.2


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