[Federal Register: February 8, 2008 (Volume 73, Number 27)]
[Rules and Regulations]
[Page 7468-7472]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08fe08-6]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[EPA-R07-OAR-2007-0829; FRL-8526-2]
Approval and Promulgation of Implementation Plans and Operating
Permits Program; State of Kansas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving a revision to the Kansas State Implementation
Plan (SIP) for the purpose of revoking the Sulfur Compound Emissions
rule and for the purpose of approving revisions to the Class I major
source operating permit annual emissions inventory rule and several
Class II minor source operating permits rules.
EPA is also approving an additional submittal by the State of
Kansas pertaining to amendments of the Class II operating permit rules
which were amended by the Kansas Department of Health and Environment
(KDHE) on February 20, 1998, but had not previously been submitted for
EPA approval. In addition, EPA is approving a revision to the Class II
operating permit rules adopted in 2005. The Class II operating permit
rules were primarily revised to align the annual emission inventory
reporting date deadline with the June 1 payment of Annual Emissions Fee
rule.
EPA approval will ensure consistency between the state and the
Federally-approved rules.
DATES: This direct final rule will be effective April 8, 2008, without
further notice, unless EPA receives adverse comment by March 10, 2008.
If adverse comment is 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 No. EPA-R07-
OAR-2007-0829, by one of the following methods:
1. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
2. E-mail: grier.gina@epa.gov.
3. Mail: Gina Grier, Environmental Protection Agency, Air Planning
and Development Branch, 901 North 5th Street, Kansas City, Kansas
66101.
4. Hand Delivery or Courier. Deliver your comments to Gina Grier,
Environmental Protection Agency, Air Planning and Development Branch,
901 North 5th Street, Kansas City, Kansas 66101.
Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2007-0829. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through http://www.regulations.gov
or e-mail information that you consider to be CBI
or otherwise protected. The http://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. 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 either electronically in http://www.regulations.gov
or in hard copy at the Environmental Protection
Agency, Air Planning and Development Branch, 901 North 5th Street,
Kansas City, Kansas 66101. The Regional Office's official hours of
business are Monday through Friday, 8 to 4:30 excluding Federal
holidays. 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: Gina Grier at (913) 551-7078 or by e-
mail at grier.gina@epa.gov.
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?
[[Page 7469]]
What is the Federal approval process for a SIP?
What does Federal approval of a state regulation mean to me?
What is the Part 70 operating permits program?
What is the Federal approval process for an operating permits
program?
What is being addressed in this document?
Have the requirements for approval of a SIP revision and a Part 70
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 the Part 70 operating permits program?
The CAA Amendments of 1990 require all states to develop operating
permits programs that meet certain Federal criteria. In implementing
this program, the states are to require certain sources of air
pollution to obtain permits that contain all applicable requirements
under the CAA. One purpose of the part 70 operating permits program is
to improve enforcement by issuing each source a single permit that
consolidates all of the applicable CAA requirements into a Federally-
enforceable document. By consolidating all of the applicable
requirements for a facility into one document, the source, the public,
and the permitting authorities can more easily determine what CAA
requirements apply and how compliance with those requirements is
determined.
Sources required to obtain an operating permit under this program
include ``major'' sources of air pollution and certain other sources
specified in the CAA or in our implementing regulations. For example,
all sources regulated under the acid rain program, regardless of size,
must obtain permits. Examples of major sources include those that emit
100 tons per year or more of volatile organic compounds, carbon
monoxide, lead, sulfur dioxide, nitrogen dioxide, or PM10;
those that emit 10 tons per year of any single hazardous air pollutant
(HAP) (specifically listed under the CAA); or those that emit 25 tons
per year or more of a combination of HAPs.
Revisions to the state operating permits program are also subject
to public notice, comment, and our approval.
What is the Federal approval process for an operating permits program?
In order for state regulations to be included in the Federally-
enforceable Title V operating permits program, states must formally
adopt regulations 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 approved operating
permits program. 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 502 of the CAA, including revisions to the state program,
are included in the Federally-approved operating permits program.
Records of such actions are maintained in the CFR at Title 40, part 70,
appendix A, entitled ``Approval Status of State and Local Operating
Permits Programs.''
What is being addressed in this document?
Revocation of Sulfur Compounds Emissions Rule
EPA is approving the revocation of the Kansas for Sulfur Compound
Emissions rule, K.A.R. 28-19-22. The rule, which is related to
emissions of sulfur compounds, and was originally adopted in 1972,
established limitations for sulfur oxides emissions from primary
nonferrous (i.e., lead and zinc) smelters, and prohibited emission or
combustion of process gas streams (such as those found at petroleum
refineries) containing hydrogen sulfide above the specified limits.
Subsequent to the adoption of this rule and its inclusion into the SIP,
the lead and zinc smelters in Kansas subject to this rule have ceased
to operate, and refineries once potentially subject to this rule are
now subject to more stringent requirements for sulfur emissions under
the new source performance standards (NSPS).
The Kansas Department of Health and Environment has determined that
the sulfur rule may be revoked without adverse impact on air quality.
EPA's review of the material submitted indicates the state has
amended the air quality rules in accordance with the requirements of
the Clean Air Act. State action to revoke the sulfur rule and to change
the inventory
[[Page 7470]]
regulations does not impair its ability to protect the NAAQS. Language
in both 1998 and 2005 permit-by-rule revisions was clarified and
rearranged but there were no substantive changes of the requirements.
We have reviewed the information submitted by Kansas in support of this
determination and agree with this conclusion.
Revisions to Class I and Class II Operating Permit Rules for 1998 and
2005 Submissions
Six of the regulations proposed for amendment consist of the
operating permit regulations principally concerning the emission
inventory requirements, and permit-by-rules which include a due date
for inventory submittals. The time for filing the reports was set in
the 1998 amendments as June 1 of each year.
In the 2005 revisions for Class II permit-by-rule regulations,
K.A.R. 28-19-561 through 28-19-563, changes were made so that these
rules were consistent with the provisions of the Class II inventory
regulation, K.A.R. 28-19-546. (i.e., instead of specifying the due date
in the permit-by-rule regulations, the regulations will now reference
the date set by K.A.R. 28-19-546, so that only one rule will require
revision to accomplish the change.) This reference changed the
submittal date back to April 1 of each year, to decrease the short-term
surge of combined Class I and Class II submittals and alleviate the
workload for KDHE staff.
The 2005 revision to K.A.R. 28-19-517, annual emissions inventories
for the Class I operating permits clarifies that under the circumstance
that June 1 falls on a weekend or holiday, the deadline for application
submittal will fall on the next business day (Title V).
The 2005 revision to K.A.R. 28-19-542, reporting requirements for
sources operating under a permit-by-rule has been updated to cross-
reference a recently adopted permit-by-rule, K.A.R. 28-19-564. EPA
previously approved rule K.A.R. 28-19-564 (SIP).
In the 1998 revision, K.A.R. 28-19-546, annual emission inventory,
requirements for Class II operating permits was amended to change the
annual emissions inventory reporting date for owners and operators of
stationary sources operating under Class II operating permits from
April 1 to June 1, to comply with the change in the payment date from
April 1 to June 1 (SIP). The 2005 revision was revised to modify the
date from June 1 back to April 1. The rule also clarified that if April
1 falls on a weekend or holiday, the deadline for application submittal
will fall on the next business day (SIP).
The 1998 revision to K.A.R. 28-19-561, reciprocating engines under
a permit-by-rule, was amended to change the annual emissions inventory
reporting date for owners and operators of stationary sources operating
under Class II operating permits from April 1 to June 1, and include
language to define the time period requirements for record retention.
K.A.R. 28-19-546 was revised to change the date back to April 1 and
additional amendments were made to clarify that the requirements to
develop compliance plans are not triggered by paperwork violations, but
only by the operation of a source at a level exceeding the defined
levels of the regulation (SIP).
In the 2005 revision to K.A.R. 28-19-561, reciprocating engines,
K.A.R. 28-19-546 was referenced and changes stipulate that the
requirements will apply to stationary reciprocating engines with a
capacity equal to or greater than 730 horsepower, 550 kilowatts, or 5.1
million Btu per hour fuel input. A source with less capacity shall be
presumed to have a potential-to-emit less than 100 tons of regulated
pollutant per year (SIP).
In the 1998 revisions for K.A.R. 28-19-562, organic solvent
evaporative sources under a permit-by-rule, was amended to change the
annual emissions inventory reporting date for owners and operators of
stationary sources operating under Class II operating permits from
April 1, to June 1, and include language to define the time period
requirements for record retention (SIP). In the 2005 revisions, K.A.R.
28-19-562, organic solvent evaporative sources order was rearranged,
but the emission levels and requirements of the rule were retained
(SIP). K.A.R. 28-19-546 was also referenced.
In the revisions for 1998 K.A.R. 28-19-563, hot asphalt facilities
permit-by-rule was amended to change the annual emissions inventory
reporting date for owners and operators of stationary sources operating
under Class II operating permits from April 1, to June 1, and include
language to define the time period requirements for record retention
(SIP). In the 2005 revisions, K.A.R. 28-19-546 was revised to change
the date submittal back to April 1 and the rule was rearranged, but the
emission levels and requirements of the rule were retained (SIP).
The 2005 revisions for Class II permit-by-rule regulations were
changed to make these rules consistent with the provisions of the Class
II inventory regulation. Grammatical revisions are also proposed to
better conform to the Department of Administration's requirements.
While not a part of the SIP, and therefore not a component of this
SIP revision, it should be noted that the Class III operating permit
regulations (K.A.R. 28-19-575 through 578) were also revoked and the
revocation was part of the same hearing as for these SIP regulations.
Have the requirements for approval of a SIP revision and a Part 70
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 completeness criteria or 40 CFR part 51, appendix V. In
addition, as explained above and in more detail in the Technical
Support Document that is part of this docket, the revisions meet the
substantive SIP requirements of the CAA, including section 110 and
implementing regulations. Finally, the submittal met the substantive
requirements of Title V of the 1990 CAA Amendments and 40 CFR part 70.
EPA's review of the material submitted indicates the state has
amended the air quality rules in accordance with the requirements of
the Clean Air Act. Revisions to revoke the sulfur rule and to change
the inventory regulations do not interfere with attainment of the
NAAQS. Language in the permit-by-rule revisions was rearranged but had
no substantive changes of the requirements.
What action is EPA taking?
We are processing this action on the State's amendments to the SIP
approved rules and the 40 CFR part 70 operating permit program as a
direct final action because the revisions make routine changes to the
existing rules which are noncontroversial. Therefore, 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
[[Page 7471]]
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 approves a state rule implementing a
Federal standard.
In reviewing SIP and Title V 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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 8, 2008. 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
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.
40 CFR Part 70
Administrative practice and procedure, Air pollution control,
Intergovernmental relations, Operating permits, Reporting and
recordkeeping requirements.
Dated: January 28, 2008.
John B. Askew,
Regional Administrator, Region 7.
0
Chapter I, title 40 of the Code of Federal Regulations is amended as
follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart R--Kansas
0
2. In Sec. 52.870 the table in paragraph (c) is amended by:
0
a. Removing the entry for K.A.R. 28-19-22 under Processing Operation
Emissions;
0
b. Revising the entries for K.A.R. 28-19-542; 28-19-546, 28-19-561; 28-
19-562 and 28-19-563 to read as follows:
Sec. 52.820 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Kansas Regulations
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State
Kansas citation Title effective EPA approval date Explanation
date
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Kansas Department of Health and Environment Ambient Air Quality Standards and Air Pollution Control
* * * * * * *
Class II Operating Permits
* * * * * * *
K.A.R. 28-19-542 Permit-By-Rule........... 09/23/2005 02/08/2008 [insert ...................
FR page number
where the document
begins].
Kansas Department of Health and Environment Ambient Air Quality Standards and Air Pollution Control
[[Page 7472]]
* * * * * * *
K.A.R. 28-19-546 Annual Emission Inventory 09/23/2005 02/08/2008 [insert ...................
FR page number
where the document
begins].
K.A.R. 28-19-561 Permit-by-Rule; 09/23/2005 02/08/2008 [insert ...................
Reciprocating Engines. FR page number
where the document
begins].
K.A.R. 28-19-562 Permit-by-Rule; Organic 09/23/2005 02/08/2008 [insert ...................
Solvent Evaporative FR page number
Sources. where the document
begins].
K.A.R. 28-19-563 Permit-by-Rule; Hot Mix 09/23/2005 02/08/2008 [insert ...................
Asphalt Facilities. FR page number
where the document
begins].
* * * * * * *
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* * * * *
PART 70--[AMENDED]
0
3. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
4. Appendix A to part 70 is amended by adding paragraph (d) under
``Kansas'' to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Kansas
* * * * *
(d) The Kansas Department of Health and Environment submitted for
program approval rule K.A.R. 28-19-517 on January 27, 2006. The state
effective date was September 23, 2005. This revision to the Kansas
program is approved effective April 8, 2008.
* * * * *
[FR Doc. E8-2189 Filed 2-7-08; 8:45 am]
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