Approval and Promulgation of Implementation Plans and Operating Permits Program; State of Kansas, 7468-7472 [E8-2189]
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Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Rules and Regulations
3. In § 52.1031, Table 52.1031 is
amended by adding a new entry for state
citation Chapter 139 to read as follows:
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§ 52.1031 EPA-approved Maine
regulations.
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TABLE 52.1031.—EPA-APPROVED RULES AND REGULATIONS
Date
adopted by
State
State
citation
Title/subject
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139 ...........
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Transportation Conformity ........
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9/19/07
Date
approved
by EPA
Federal Register citation
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2/08/08
52.1020
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[Insert Federal Register page
number where the document
begins].
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(c) 64
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Note.—1. The regulations are effective statewide unless stated otherwise in comments section.
[FR Doc. E8–2247 Filed 2–7–08; 8:45 am]
BILLING CODE 6560–50–P
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
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
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AGENCY:
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 Federallyapproved 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
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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. https://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 https://
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 https://
www.regulations.gov or e-mail
information that you consider to be CBI
or otherwise protected. The https://
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 https://
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
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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
https://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 https://
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.
Gina
Grier at (913) 551–7078 or by e-mail at
grier.gina@epa.gov.
FOR FURTHER INFORMATION CONTACT:
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?
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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?
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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 Federallyenforceable 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 stateauthorized 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
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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 Federallyenforceable 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.
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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
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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).
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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 potentialto-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-byrule 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 permitby-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
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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
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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.
Chapter I, title 40 of the Code of
Federal Regulations is amended as
follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart R—Kansas
2. In § 52.870 the table in paragraph
(c) is amended by:
I a. Removing the entry for K.A.R. 28–
19–22 under Processing Operation
Emissions;
I 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:
I
§ 52.820
*
Identification of plan.
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(c) * * *
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EPA-APPROVED KANSAS REGULATIONS
Kansas citation
State effective date
Title
EPA approval date
Explanation
Kansas Department of Health and Environment Ambient Air Quality Standards and Air Pollution Control
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K.A.R. 28–19–542
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Class II Operating Permits
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Permit-By-Rule .........................................................
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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
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EPA-APPROVED KANSAS REGULATIONS—Continued
Title
State effective date
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K.A.R. 28–19–546
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Annual Emission Inventory ......................................
09/23/2005
K.A.R. 28–19–561
Permit-by-Rule; Reciprocating Engines ...................
09/23/2005
K.A.R. 28–19–562
Permit-by-Rule;
Sources.
Evaporative
09/23/2005
K.A.R. 28–19–563
Permit-by-Rule; Hot Mix Asphalt Facilities ..............
09/23/2005
Kansas citation
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Organic
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PART 70—[AMENDED]
3. The authority citation for part 70
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
4. Appendix A to part 70 is amended
by adding paragraph (d) under ‘‘Kansas’’
to read as follows:
I
Appendix A to Part 70—Approval
Status of State and Local Operating
Permits Programs
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Kansas
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(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.
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[FR Doc. E8–2189 Filed 2–7–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2002–0201; FRL–8342–4]
Inert ingredients: Denial of Pesticide
Petitions 2E6491 (N-Acyl Sarcosines
and Sodium N-Acyl Sarcosinates),
7E4810 (Crezasin), and 7E4811 (Mival)
Environmental Protection
Agency (EPA).
ACTION: Final rule.
jlentini on PROD1PC65 with RULES
AGENCY:
SUMMARY: EPA is denying three
petitions to amend or establish
exemptions from pesticide tolerances
VerDate Aug<31>2005
17:26 Feb 07, 2008
Solvent
Jkt 214001
*
EPA approval date
*
*
02/08/2008 [insert FR
page number where
the document begins].
02/08/2008 [insert FR
page number where
the document begins].
02/08/2008 [insert FR
page number where
the document begins].
02/08/2008 [insert FR
page number where
the document begins].
*
because insufficient data were available
to the Agency to make the safety finding
of FFDCA section 408(c)(2): PP 2E6491
submitted by Hampshire Chemical
Corporation to amend the inert
ingredient tolerance exemption under
40 CFR 180.1207 for certain N-acyl
sarcosines and sodium N-acyl
sarcosinates, and PP 7E4810 (Crezasin)
and PP 7E4811 (Mival) submitted by
Globe Tech Industries Corporation to
establish an inert ingredient tolerance
exemption under § 180.920.
DATES: This regulation is effective
February 8, 2008. Objections and
requests for hearings must be received
on or before April 8, 2008, and must be
filed in accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION.
EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2002–0201. To access the
electronic docket, go to https://
www.regulations.gov, select ‘‘Advanced
Search,’’ then ‘‘Docket Search.’’ Insert
the docket ID number where indicated
and select the ‘‘Submit’’ button. Follow
the instructions on the regulations.gov
website to view the docket index or
access available documents. All
documents in the docket are listed in
the docket index available in
regulations.gov. Although listed in the
index, some information is not publicly
available, e.g., 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 in the electronic docket at
https://www.regulations.gov, or, if only
ADDRESSES:
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
Explanation
*
*
*
available in hard copy, at the OPP
Regulatory Public Docket in Rm. S–
4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The
Docket Facility is open from 8:30 a.m.
to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket
Facility telephone number is (703) 305–
5805.
FOR FURTHER INFORMATION CONTACT:
Kathleen Martin, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 308–2857; e-mail address:
martin.kathleen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
affected entities may include, but are
not limited to, those engaged in the
following activities:
• Crop production (NAICS code 111),
e.g., agricultural workers; greenhouse,
nursery, and floriculture workers;
farmers.
• Animal production (NAICS code
112), e.g., cattle ranchers and farmers,
dairy cattle farmers, livestock farmers.
• Food manufacturing (NAICS code
311), e.g., agricultural workers; farmers;
greenhouse, nursery, and floriculture
workers; ranchers; pesticide applicators.
• Pesticide manufacturing (NAICS
code 32532), e.g., agricultural workers;
commercial applicators; farmers;
greenhouse, nursery, and floriculture
workers; residential users.
This listing is not intended to be
exhaustive, but rather to provide a guide
for readers regarding entities likely to be
E:\FR\FM\08FER1.SGM
08FER1
]]>Agencies
[Federal Register Volume 73, Number 27 (Friday, February 8, 2008)]
[Rules and Regulations]
[Pages 7468-7472]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-2189]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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. https://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
https://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 https://
www.regulations.gov or e-mail information that you consider to be CBI
or otherwise protected. The https://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 https://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
https://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 https://
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
----------------------------------------------------------------------------------------------------------------
State
Kansas citation Title effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
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].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
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]
BILLING CODE 6560-50-P
