43960 Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Rules and Regulations 

1This approval action is based on the information 

contained in the administrative record for this 

action and does not prejudge any other future EPA 

action that may make other determinations 

regarding any of the subject state’s air quality status. 

Any such future actions, such as area designations 

under any NAAQS, will be based on their own 

administrative records and the EPA’s analyses of 

information that becomes available at those times. 

Future available information may include, and is 

not limited to, monitoring data and modeling 

analyses conducted pursuant to the EPA’s SO2 Data 

Requirements Rule (80 FR 51052, August 21, 2015) 

and information submitted to the EPA by states, air 

agencies, and third party stakeholders such as 

citizen groups and industry representatives. 

* * * * * 

[FR Doc. 2021–16939 Filed 8–10–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2021–0365; FRL–8705–02– 

R7] 

Interstate Transport Prongs 1 and 2 for 

the 2010 Sulfur Dioxide (SO2) Standard 

for Kansas and Nebraska 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve State Implementation Plan 

(SIP) submissions from Kansas and 

Nebraska addressing the Clean Air Act 

(CAA or Act) interstate transport SIP 

requirements for the 2010 Sulfur 

Dioxide (SO2) National Ambient Air 

Quality Standards (NAAQS). These 

submissions address the requirement 

that each SIP contain adequate 

provisions prohibiting air emissions that 

will have certain adverse air quality 

effects in other states. The EPA is 

approving portions of these 

infrastructure SIPs for the 

aforementioned states as containing 

adequate provisions to ensure that air 

emissions in the states will not 

significantly contribute to 

nonattainment or interfere with 

maintenance of the 2010 SO2 NAAQS in 

any other state. 

DATES: This final rule is effective on 

September 10, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2021–0365. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information may not be publicly 

available, i.e., 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 either electronically through 

www.regulations.gov or in hard copy at 

the Atmospheric Programs Section, Air 

Quality Planning Branch, Air and 

Radiation Division, U.S. Environmental 

Protection Agency, Region 7, 11201 

Renner Boulevard, Lenexa, Kansas 

66219. The EPA requests that if at all 

possible, you contact the person listed 

in the FOR FURTHER INFORMATION

CONTACT section to schedule your 

inspection. The Regional Office’s 

official hours of business are Monday 

through Friday 8:30 a.m. to 4:30 p.m., 

excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Ashley Keas, Environmental Protection 

Agency, Region 7 Office, Air Quality 

Planning Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 

(913) 551–7629, or by email at 

keas.ashley@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. What is being addressed in this document? 

II. Have the requirements for approval of a 

SIP revisions been met? 

III. What are the actions the EPA is taking? 

IV. Statutory and Executive Order Reviews 

I. What is being addressed in this 

document? 

In this action, the EPA is approving 

the prong 1 and prong 2 portions of 

infrastructure SIP submissions 

submitted by Kansas on April 7, 2020, 

and Nebraska on October 27, 2020, as 

demonstrating that the SIP contains 

adequate provisions to ensure that air 

emissions from sources in these states 

will not significantly contribute to 

nonattainment or interfere with 

maintenance of the 2010 SO2 NAAQS in 

any other state or each other. All other 

applicable infrastructure SIP 

requirements for these SIP submissions 

are addressed in separate rulemakings. 

As discussed in Section IV of the 

proposed action (see 86 FR 31645), the 

EPA first reviewed each state’s analysis 

to assess how the state evaluated the 

transport of SO2 to other states, the 

types of information used in the 

analysis and the conclusions drawn by 

the state. The EPA then conducted a 

weight of evidence analysis, including 

review of each state’s submission and 

other available information, including 

air quality, emission sources and 

emission trends within the state and in 

bordering states to which it could 

potentially contribute or interfere.1

Please see the EPA’s proposed rule for 

the full analysis of the state submittals. 

The public comment period on the 

EPA’s proposed rule opened on June 15, 

2021, the date of its publication in the 

Federal Register and closed on July 15, 

2021. During this period, the EPA 

received no comments. 

II. Have the requirements for approval 

of a SIP revision been met? 

The State submissions have met the 

public notice requirements for SIP 

submissions in accordance with 40 CFR 

51.102. The submissions also satisfied 

the completeness criteria of 40 CFR part 

51, appendix V. Kansas provided public 

notice on its SIP revision from January 

16, 2020, to February 17, 2020, and 

received no comments. Nebraska 

provided public notice on its SIP 

revision from September 14, 2020, to 

October 16, 2020, and received no 

comments. In addition, the revision 

meets the substantive SIP requirements 

of the CAA, including section 110 and 

implementing regulations. 

III. What are the actions the EPA is 

taking? 

The EPA is taking final action to 

approve the following submittals as 

meeting the interstate transport 

requirements of CAA section 

110(a)(2)(D)(i)(I) for the 2010 SO2

NAAQS: Kansas’ April 7, 2020 

submittal and Nebraska’s October 27, 

2020 submittal. The EPA is finalizing 

this approval based on our review of the 

information and analysis provided by 

each state, as well as additional relevant 

information, as detailed in the EPA’s 

proposed rule, which indicates that instate air emissions will not contribute 

significantly to nonattainment or 

interfere with maintenance of the 2010 

SO2 NAAQS in any other state. This 

action is being taken under section 110 

of the CAA. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, 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, these proposed actions 

merely approve state law as meeting 

federal requirements and do not impose 

additional requirements beyond those 


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Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Rules and Regulations 43961 

imposed by state law. For that reason, 

these proposed actions: 

• Are not significant regulatory 

actions subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Are 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.); 

• Do 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); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not economically significant 

regulatory actions based on health or 

safety risks subject to Executive Order 

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

• Are not significant regulatory 

actions subject to Executive Order 

13211 (66 FR 28355, May 22, 2001); 

• Are 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 

this action does not involve technical 

standards; and 

• Do not provide the 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, these SIPs are 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 October 12, 2021. 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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur dioxide, Volatile 

organic compounds. 

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

Dated: July 30, 2021. 

Edward H. Chu, 

Acting Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, the 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, the table in paragraph 

(e) is amended by adding an entry for 

‘‘(46)’’ 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 

*******

* * 

(46) Section 110(a)(2)(D)(i)(I)—significant 

contribution to nonattainment (prong 1), 

and interfering with maintenance of the 

NAAQs (prong 2) (Interstate Transport) 

Infrastructure Requirements for the 2010 

SO2 NAAQS.

Statewide .......... 4/7/2020 8/11/2021, [Federal 

Register citation].

[EPA–R07–OAR–2021–0365; FRL–8705– 

02-Region 7]. This action addresses the 

following CAA elements: 

110(a)(2)(D)(i)(I)—prongs 1 and 2. 

Subpart CC—Nebraska 

■ 3. In § 52.1420, the table in paragraph 

(e) is amended by adding an entry for 

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

follows: 

§ 52.1420 Identification of plan. 

* * * * * 

(e) * * * 


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43962 Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Rules and Regulations 

EPA-APPROVED NEBRASKA NONREGULATORY PROVISIONS

Name of nonregulatory SIP provision 

Applicable 

geographic or 

nonattainment 

area 

State 

submittal 

date 

EPA approval date Explanation 

*******

* * 

(37) Section 110(a)(2)(D)(i)(I)—significant 

contribution to nonattainment (prong 1), 

and interfering with maintenance of the 

NAAQs (prong 2) (Interstate Transport) 

Infrastructure Requirements for the 2010 

SO2 NAAQS.

Statewide .......... 10/27/2020 8/11/2021, [Federal 

Register citation].

[EPA–R07–OAR–2021–0365; FRL–8705– 

02–Region 7]. This action addresses 

the following CAA elements: 

110(a)(2)(D)(i)(I)—prongs 1 and 2. 

[FR Doc. 2021–16759 Filed 8–10–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2018–0694; FRL–8823–02– 

R5] 

Air Plan Approval; Ohio; Infrastructure 

SIP Requirements for the 2015 Ozone 

NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving elements of 

a State Implementation Plan (SIP) 

submission from Ohio regarding the 

infrastructure requirements of section 

110 of the Clean Air Act (CAA) for the 

2015 Ozone National Ambient Air 

Quality Standards (NAAQS). 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. EPA 

proposed to approve this action on 

March 9, 2021, and received no adverse 

comments. 

DATES: This final rule is effective on 

September 10, 2021. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2018–0694. All 

documents in the docket are listed on 

the www.regulations.gov web site. 

Although listed in the index, some 

information is not publicly available, 

i.e., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either through 

www.regulations.gov or at the 

Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays and 

facility closures due to COVID–19. We 

recommend that you telephone Rachel 

Rineheart, Environmental Engineer, at 

(312) 886–7017 before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Rachel Rineheart, Environmental 

Engineer, Air Permits Section, Air 

Programs Branch (AR18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–7017, 

rineheart.rachel@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

I. Background Information 

On March 9, 2021, EPA proposed to 

approve elements of a SIP submission 

from Ohio regarding the infrastructure 

requirements of CAA section 110 for the 

2015 ozone NAAQS. 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. An 

explanation of the CAA requirements, a 

detailed analysis of the revisions, and 

EPA’s reasons for proposing approval 

were provided in the notice of proposed 

rulemaking and will not be restated 

here. 

The public comment period for this 

proposed rule ended on April 9, 2021. 

During the comment period, EPA 

received 3 comments that covered a 

variety of topics including: Support of 

the proposed action and questions 

regarding how EPA ensures that states 

are complying with the approved SIP; 

what other measures beyond the SIP 

states must follow; how EPA determines 

if emissions from one state impact air 

quality in another state; and how EPA 

informs the public of adverse air quality 

conditions. All of the comments 

received are included in the docket for 

this action. 

We do not consider these comments 

to be germane or relevant to the 

specifics of this action and therefore not 

adverse to this action. The comments 

lack the required specificity to the 

proposed SIP revision and the relevant 

requirements of CAA section 110. 

Moreover, none of the comments 

address a specific regulation or 

provision in question, or recommend a 

different action on the SIP submission 

from what EPA proposed. Therefore, we 

are finalizing our action as proposed. 

II. Final Action 

EPA is approving most elements of a 

submission from Ohio certifying that its 

current SIP is sufficient to meet the 

infrastructure requirements in CAA 

sections 110(a)(1) and (2) with respect to 

the 2015 Ozone NAAQS. EPA’s final 

actions for the state’s satisfaction of 

infrastructure SIP requirements, by 

element of section 110(a)(2) are 

contained in the table below. 

Element 2015 ozone 

NAAQS 

(A)—Emission limits and other control measures ............................................................................................................................... A 

(B)—Ambient air quality monitoring/data system ................................................................................................................................ A 


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