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Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Proposed Rules
Boulevard, Lenexa, Kansas 66219;
telephone number 913 5517664;
email address heitman.jason@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document we, us, and our refer to the EPA. A technical support document TSD is included in this proposed rulemaking docket.
Table of Contents I. Written Comments II. What is being addressed in this document?
III. Have the requirements for approval of a SIP revision been met?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews
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I. Written Comments Submit your comments, identified by Docket ID No. EPAR07OAR2021
0378, at https www.regulations.gov.
Once submitted, comments cannot be edited or removed from Regulations.gov.
The 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 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, 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.
II. What is being addressed in this document?
The EPA is proposing to approve the infrastructure SIP submission received from the state on November 30, 2018 in accordance with section 110a1 of the CAA. Specifically, the EPA is proposing to approve the following infrastructure elements of section 110a2 of the CAA: A through C, DiII
prevention of significant deterioration of air quality prong 3 and protection of visibility prong 4, Dii, E through H, and J through M. Elements of section 110a2DiIsignificant contribution to nonattainment prong 1
and interfering with maintenance of the NAAQS prong 2 will be addressed in a separate action.
Section 110a2I was discussed in the submission, however, the EPA does
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not expect infrastructure SIP
submissions to address element I.
Section 110a2I requires states to meet the applicable SIP requirements of part D of the CAA relating to designated nonattainment areas. The specific part D
submissions for designated nonattainment areas are subject to different submission schedules than those for section 110 infrastructure elements. The EPA will act on part D
attainment plan SIP submissions through a separate rulemaking governed by the requirements for nonattainment areas, as described in part D.
A TSD is included as part of the docket to discuss the details of this proposed action, including an analysis of how the SIP meets the applicable 110
requirements for infrastructure SIPs.
III. Have the requirements for 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. The state provided a public comment period for this SIP
revision from September 18, 2018 to October 19, 2018, and received two comments related to a request for more stringent ozone requirements and an increase in ozone monitors. The state provided an adequate response to these comments. In addition, as explained in more detail in the TSD which is part of this docket, the revision meets the substantive SIP requirements of the CAA, including section 110 and implementing regulations.
IV. What action is EPA taking?
The EPA is proposing to approve elements of the November 30, 2018, submission addressing the infrastructure elements for the 2015 O3
NAAQS. Specifically, the EPA is proposing to approve the following infrastructure elements of section 110a2: A throughC, DiII prong 3 and prong 4, Dii, E through H, J through M. The EPA is not acting on the elements of section 110a2DiIprong 1 and prong 2
at this time. Section 110a2I was discussed in the submission as not being an applicable element and the EPA does not expect section 110a2I
to be addressed in an infrastructure SIP
submission. The EPAs analysis of the submission is addressed in a TSD which is part of this docket.
We are processing this as a proposed action because we are soliciting comments on this proposed action.
Final rulemaking will occur after consideration of any comments.

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V. Statutory and Executive Order Reviews Under the Clean Air Act 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. 7410k;
40 CFR 52.02a. Thus, in reviewing SIP
submissions, EPAs 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. 1044;
Does not have federalism implications as specified in Executive Order 13132 64 FR 43255, August 10, 1999;
Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 62 FR 19885, April 23, 1997;
Is not a significant regulatory action subject to Executive Order 13211 66 FR
28355, May 22, 2001;
Is not subject to requirements of the National Technology Transfer and Advancement Act NTTA because this rulemaking does not involve technical standards; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898
59 FR 7629, February 16, 1994.
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
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