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

in the FOR FURTHER INFORMATION
CONTACT section to schedule your

FR Doc. 202116939 Filed 81021; 8:45 am BILLING CODE 656050P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR07OAR20210365; FRL870502
R7

Interstate Transport Prongs 1 and 2 for the 2010 Sulfur Dioxide SO2 Standard for Kansas and Nebraska Environmental Protection Agency EPA.
ACTION: Final rule.
AGENCY:

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Table of Contents
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. EPAR07OAR20210365. 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 SUMMARY:

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inspection. The Regional Offices 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 5517629, or by email at keas.ashley@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document we, us, and our refer to the EPA.
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 states 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 states 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
1 This 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 states air quality status.
Any such future actions, such as area designations under any NAAQS, will be based on their own administrative records and the EPAs 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 EPAs SO2 Data Requirements Rule 80 FR 51052, August 21, 2015
and information submitted to the EPA by states, air
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Please see the EPAs proposed rule for the full analysis of the state submittals.
The public comment period on the EPAs 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 110a2DiI for the 2010 SO2
NAAQS: Kansas April 7, 2020
submittal and Nebraskas 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 EPAs 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. 7410k;
40 CFR 52.02a. Thus, in reviewing SIP
submissions, the EPAs 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 agencies, and third party stakeholders such as citizen groups and industry representatives.

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