[Federal Register: February 26, 2003 (Volume 68, Number 38)]
[Rules and Regulations]
[Page 8845-8847]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26fe03-11]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[KS 173-1173a; FRL-7455-9]
Approval and Promulgation of Implementation Plans; State of
Kansas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking final action to approve a State Implementation
Plan (SIP) revision submitted by the state of Kansas. This revision is
a new regulation entitled ``Prevention of Significant Deterioration of
Air Quality'' (PSD) and will replace the existing state PSD regulation.
This rule was last adopted as a state rule in 1990; therefore, this
revision adopts by reference Federal PSD regulations, as in effect on
July 1, 2000. The effect of this approval is to ensure Federal
enforceability of the state air program rules and to maintain
consistency between the state-adopted rules and the approved SIP.
DATES: This direct final rule will be effective April 28, 2003, unless
EPA receives adverse comments by March 28, 2003. 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: Comments may be mailed to Heather Hamilton, Environmental
Protection Agency, Air Planning and Development Branch, 901 North 5th
Street, Kansas City, Kansas 66101.
Copies of documents relative to this action are available for
public inspection during normal business hours at the above-listed
Region 7 location. 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: Heather Hamilton at (913) 551-7039.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This section provides
additional information by addressing the following questions:
What is a SIP?
What is the Federal approval process for a SIP?
What does Federal approval of a state regulation mean to me?
What is being addressed in this document?
Have the requirements for approval of a SIP revision been met?
What action is EPA taking?
What Is a SIP?
Section 110 of the Clean Air Act (CAA) requires States to develop
air pollution regulations and control strategies to ensure that State
air quality meets the national ambient air quality standards
established by EPA. These ambient standards are established under
section 109 of the CAA, and they currently address six criteria
pollutants. These pollutants are: carbon monoxide, nitrogen dioxide,
ozone, lead, particulate matter, and sulfur dioxide.
Each State must submit these regulations and control strategies to
us for approval and incorporation into the Federally-enforceable SIP.
Each Federally-approved SIP protects air quality primarily by
addressing air pollution at its point of origin. These SIPs can be
extensive, containing state regulations or other enforceable documents
and supporting information such as emission inventories, monitoring
networks, and modeling demonstrations.
What Is the Federal Approval Process for a SIP?
In order for State regulations to be incorporated into the
Federally-enforceable SIP, States must formally adopt the regulations
and control strategies consistent with State and Federal requirements.
This process generally includes a public notice, public hearing, public
comment period, and a formal adoption by a State-authorized rulemaking
body.
Once a State rule, regulation, or control strategy is adopted, the
State submits it to us for inclusion into the SIP. We must provide
public notice and seek additional public comment regarding the proposed
Federal action on the State submission. If adverse comments are
received, they must be addressed prior to any final Federal action by
us.
All State regulations and supporting information approved by EPA
under section 110 of the CAA are incorporated into the Federally-
approved SIP. Records of such SIP actions are maintained in the Code of
Federal Regulations (CFR) at title 40, part 52, entitled ``Approval and
Promulgation of Implementation Plans.'' The actual State regulations
which are approved are not reproduced in their entirety in the CFR
outright but are ``incorporated by reference,'' which means that we
have approved a given State regulation with a specific effective date.
What Does Federal Approval of a State Regulation Mean to Me?
Enforcement of the State regulation before and after it is
incorporated into the Federally-approved SIP is primarily a state
responsibility. However, after the regulation is Federally approved, we
are authorized to take enforcement action against violators. Citizens
are also offered legal recourse to address violations as described in
section 304 of the CAA.
What Is Being Addressed in This Document?
This action approves the adoption of State rule K.A.R. 28-19-350,
Prevention of Significant Deterioration of Air Quality, and approves
the recission of the existing rule sections K.A.R. 28-19-17a through
28-19-17q which comprised the prior body of Kansas' Prevention of
Significant Deterioration of Air Quality regulations. K.A.R. 28-19-17
is being revised in order to provide a cross-reference to the new
regulations. This revision adopts by reference 40 CFR 52.21, as in
effect on July 1, 2000, with the exceptions of 52.21(a); 52.21(f)
through (h); 52.21(m)(l)(v); 52.21(q); 52.21(s) through (u); and
52.21(w).
The proposed changes to the State Prevention of Significant
Deterioration (PSD) program clarify that the following Federal changes
have been adopted by the Kansas PSD Program: (1) Adoption of the PM10
(particulate matter with a nominal aerodynamic diameter of 10
micrometers or less) increment; (2) adoption of provisions regarding
calculating actual emissions for electric utility steam generating
units; (3) adoption of provisions relating to clean coal technology;
(4) adoption of provisions relating to pollution control projects at
existing electric utility steam generating units; (5) adoption of the
significance level for non-methane organic compounds at municipal solid
waste landfills; and (6) adoption of the significance levels for
organics, metals and acid gases from municipal waste combustors. This
action also allows the opportunity to renumber the PSD rules to further
the ongoing renumbering of the Kansas Air Quality Regulations.
This regulation was adopted by the Kansas Department of Health and
Environment on October 30, 2002, and became effective on November 22,
2002.
Have the Requirements for Approval of a SIP Revision Been Met?
The state submittal has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submittal also
satisfied the
[[Page 8846]]
completeness criteria of 40 CFR part 51, appendix V. In addition, as
explained above and in more detail in the technical support document
which is part of this document, the revision meets the substantive SIP
requirements of the CAA, including section 110 and implementing
regulations.
What Action Is EPA Taking?
EPA is approving as a revision to the Kansas SIP rule K.A.R. 28-19-
350, Prevention of Significant Deterioration of Air Quality; the
recission of existing K.A.R. 28-19-17a through 28-19-17q which
comprised the prior body of Kansas' Prevention of Significant
Deterioration of Air Quality regulations, and the revision to K.A.R.
28-19-17 which provides a cross-reference to the new regulations. These
revisions were adopted by the State on October 30, 2002, and became
effective on November 22, 2002. These revisions were submitted on
December 10, 2002.
We are processing this action as a final action because it adds
noncontroversial regulations to the SIP. We do not anticipate any
adverse comments. Please note that if EPA receives adverse comment on
part of this rule and if that part can be severed from the remainder of
the rule, EPA may adopt as final those parts of the rule that are not
the subject of an adverse comment.
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves State law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by State law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under State law and does
not impose any additional enforceable duty beyond that required by
State law, it 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).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the CAA.
This rule also is not subject to Executive Order 13045, ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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 rule 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 April 28, 2003. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: February 20, 2003.
James B. Gulliford,
Regional Administrator, Region 7.
Chapter I, title 40 of the Code of Federal Regulations is amended
as follows:
PART 52--[AMENDED]
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 Sec. 52.870 the table in paragraph (c) is amended:
a. Under the heading for ``Attainment Area Requirements'' by
revising K.A.R. 28-19-17;
b. Under the heading for ``Attainment Area Requirements'' by
removing the entries for K.A.R. 28-19-17a through K.A.R. 28-19-17q;
c. Under the heading for ``Construction Permits and Approvals'' by
adding in numerical order an entry for K.A.R. 28-19-350.
The revision and addition read as follows:
Sec. 52.870 Identification of plan.
* * * * *
(c) * * *
[[Page 8847]]
EPA-Approved Kansas Regulations
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State
Kansas citation Title effective EPA approval Comments
date date
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Kansas Department of Health and Environment Ambient Air Quality Standards and Air Pollution Control
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Attainment Area Requirements
---------------------------------
K.A.R. 28-19-17................. Prevention of 11/22/02 2/26/03 and FR K.A.R. 28-19-17a through 28-19-
Significant page citation. 17q revoked. Provision moved
Deterioration to K.A.R. 28-19-350.
of Air Quality.
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* * * * * * *
---------------------------------
Construction Permits and Approvals
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* * * * * * *
---------------------------------
K.A.R. 28-19-350................ Prevention of 11/22/02 2/26/03 and FR ..............................
Significant page citation.
Deterioration
of Air Quality.
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[FR Doc. 03-4626 Filed 2-25-03; 8:45 am]
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