Approval and Promulgation of Implementation Plans; State of Kansas; Idle Reduction of Heavy-Duty Diesel Vehicles and Reduction of Nitrogen Oxides (NOX, 11751-11754 [2013-03749]
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Federal Register / Vol. 78, No. 34 / Wednesday, February 20, 2013 / Rules and Regulations
variances. Rescinded in 2008; see
paragraph (c)(156) of this section.
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(98) * * *
(i) Incorporation by reference. Rule
3745–35–07, adopted November 3,
1994, effective November 18, 1994.
Rescinded in 2008; see paragraph
(c)(156) of this section.
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(119) * * *
(i) * * *
(A) Ohio Administrative Code 3745–
35–02, adopted April 4, 1994, effective
April 20, 1994. Rescinded in 2008; see
paragraph (c)(156) of this section.
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(156) On April 24, 2006, Ohio EPA
submitted two permanent exemptions
from the Permit to Install program and
six Permit-by-Rule provisions for
approval into its SIP. On July 18, 2008,
Ohio EPA submitted provisions for a
Permit to Install and Operate (PTIO)
program and a general permit program
for approval into its SIP. The changes to
Ohio’s SIP involve the modification of
various parts of OAC 3745–31, the
removal of OAC 3745–35, and the
addition of OAC 3745–31–29 to enable
the issuance of federally enforceable
general PTIs and general PTIOs. On June
30, 2008, the state regulations to
implement the PTIO program became
effective and OAC 3745–35 was
rescinded.
(i) Incorporation by reference.
(A) Paragraph (A) of Ohio
Administrative Code Rule 3745–15–03,
‘‘Submission of emission information.’’,
effective June 30, 2008.
(B) Ohio Administrative Code Rule
3745–31–01, ‘‘Definitions.’’, effective
December 14, 2007, except for
paragraphs (I), (LLL)(2)(a)(ix),
(LLL)(2)(a)(xxi), (LLL)(4)(t), and
(QQQ)(1)(b).
(C) Ohio Administrative Code Rule
3745–31–02, ‘‘Applicability,
requirements, and obligations.’’,
effective June 30, 2008.
(D) Ohio Administrative Code Rule
3745–31–03, ‘‘Exemptions.’’, effective
June 30, 2008.
(E) Ohio Administrative Code Rule
3745–31–04, ‘‘Applications.’’, effective
June 30, 2008.
(F) Ohio Administrative Code Rule
3745–31–05, ‘‘Criteria for decision by
the director.’’, effective June 30, 2008,
except for paragraph (A)(3)(a)(ii).
(G) Ohio Administrative Code Rule
3745–31–06, ‘‘Completeness
determinations, processing
requirements, public participation,
public notice, and issuance.’’, effective
June 30, 2008, except for paragraph
(H)(2)(d).
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(H) Ohio Administrative Code Rule
3745–31–07, ‘‘Termination, revocation,
expiration, renewal, revision and
transfer.’’, effective June 30, 2008.
(I) Ohio Administrative Code Rule
3745–31–08, ‘‘Registration status
permit-to-operate.’’, effective June 30,
2008.
(J) Ohio Administrative Code Rule
3745–31–09, ‘‘Variances on operation.’’,
effective June 30, 2008.
(K) Ohio Administrative Code Rule
3745–31–10, ‘‘NSR projects at existing
emissions units at a major stationary
source.’’, effective June 30, 2008.
(L) Ohio Administrative Code Rule
3745–31–20, ‘‘Attainment provisions—
innovative control technology.’’,
effective June 30, 2008.
(M) Ohio Administrative Code Rule
3745–31–22, ‘‘Nonattainment
provisions—conditions for approval.’’,
effective June 30, 2008.
(N) Ohio Administrative Code Rule
3745–31–29, ‘‘General permit-to-install
and general PTIO.’’, effective June 30,
2008.
(O) Ohio Administrative Code Rule
3745–31–32, ‘‘Plantwide applicability
limit (PAL).’’, effective June 30, 2008.
(P) June 2, 2008, ‘‘Director’s Final
Findings and Orders’’, signed by Chris
Korleski, Director, Ohio EPA.
[FR Doc. 2013–03761 Filed 2–19–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2012–0293; FRL–9781–5]
Approval and Promulgation of
Implementation Plans; State of
Kansas; Idle Reduction of Heavy-Duty
Diesel Vehicles and Reduction of
Nitrogen Oxides (NOX) Emissions for
the Kansas City Ozone Maintenance
Area
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve revisions to the
Kansas State Implementation Plan (SIP)
submitted by the State of Kansas on July
27, 2010. The revision includes two new
rules which implement restrictions on
the idling of heavy duty diesel vehicles
and reduce nitrogen oxide (NOX)
emissions at stationary sources in the
Kansas portion of the Kansas City
Maintenance Area for ozone. EPA is
approving this revision because the
standards and requirements set by the
rules will strengthen the Kansas SIP.
SUMMARY:
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11751
EPA’s approval of this SIP revision is
being done in accordance with the
requirements of the Clean Air Act
(CAA).
This direct final rule will be
effective April 22, 2013, without further
notice, unless EPA receives adverse
comment by March 22, 2013. If EPA
receives adverse comment, we 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–2012–0293, by one of the
following methods:
1. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
2. Email: kemp.lachala@epa.gov.
3. Mail or hand delivery: Lachala
Kemp, Environmental Protection
Agency, Air Planning and Development
Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219.
Instructions: Direct your comments to
Docket ID No. EPA–R07–OAR–2012–
0293. 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 email
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 email comment directly
to EPA without going through https://
www.regulations.gov, your email
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.
DATES:
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Federal Register / Vol. 78, No. 34 / Wednesday, February 20, 2013 / Rules and Regulations
Docket: All documents in the 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,
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,
11201 Renner Boulevard, Lenexa,
Kansas 66219. The Regional Office’s
official hours of business are Monday
through Friday, 8:00 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:
Lachala Kemp at (913) 551–7214 or by
email at kemp.lachala@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ refer to EPA.
Table of Contents
I. What is the background for today’s action?
II. What revisions is EPA approving?
III. Why is EPA approving Kansas’s SIP
revision?
IV. Have the requirements for approval of a
SIP revision been met?
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews
wreier-aviles on DSK5TPTVN1PROD with RULES
I. What is the background for today’s
action?
The Kansas City Eight-Hour Ozone
Maintenance Plan, which was approved
by EPA and became effective on October
9, 2007, contains contingency measures
that are triggered upon a violation of the
1997 8-hour ozone national ambient air
quality standard. These contingency
measures include a heavy-duty diesel
idle reduction regulation and a NOX
emissions reduction regulation for
Johnson and Wyandotte counties. A
violation of the 1997 8-hour ozone
standard occurred thereafter, thus
triggering the adoption of these rules.
II. What revisions is EPA approving?
On July 27, 2010, Kansas submitted to
EPA for approval into the Kansas SIP
two new rules for the Kansas portion of
the Kansas City Ozone Maintenance
Area: Kansas Administrative Regulation
(K.A.R.) 28–19–712 and K.A.R. 28–19–
713. These rules became effective in
Kansas on June 25, 2010. The idle
reduction rule at K.A.R. 28–19–712
limits the amount of time a heavy duty
diesel vehicle in Johnson and
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Wyandotte Counties in Kansas will be
permitted to idle while parked or while
waiting to load or unload. It also places
responsibilities on freight load or
unload locations to limit the idling of
heavy duty diesel vehicles or
commercial vehicles while at their
location.
Per K.A.R. 28–19–712a, this rule
applies to owners or operators of
commercial, public or institutional
heavy duty diesel vehicles (those having
a gross vehicle weight rating (GVWR) of
greater than 14,001 pounds) that are
designed primarily to transport persons
or property on public streets and
highways.
K.A.R. 28–19–712b sets a time limit of
five minutes idling time (i.e., when a
vehicle’s engine is operating but not in
gear) in any sixty minute period, with
some exceptions noted in K.A.R. 28–19–
712c and 28–19–712d, as described
below. In addition, the regulations
restrict idling of heavy-duty diesel
vehicles that are also commercial
vehicles to thirty minutes in any sixty
minute period at load or unload
locations. K.A.R. 28–19–712c.
The regulation specifies exemptions
to the idling limit for certain vehicle
types and situations. These exemptions
are listed in K.A.R. 28–19–712d and
include: road traffic conditions;
operating equipment for safety or
emergency uses; police, fire, ambulance,
public safety and other law enforcement
vehicles; service and repair needs; state
or Federal equipment inspections;
mechanical work; armored vehicles; bus
idling for passenger comfort (no greater
than fifteen minutes in any sixty minute
period); vehicles idling for purposes of
using sleeper berth compartments;
mechanical difficulties; agricultural
operations in which the vehicle is only
incidentally operated or moved upon
public roads; and vehicles using
auxiliary equipment powered by the
engine.
Kansas intends to use financial
incentives, compliance assistance and
public education as the primary tools to
implement the heavy-duty diesel idling
rule. It intends to reprioritize its existing
contractual agreements with the locally
affected governmental agencies to
emphasize the need for public outreach,
education and compliance assistance to
facilitate this implementation.
Furthermore, in appropriate cases,
Kansas has statutory authority under
K.S.A. 65–3018 to seek penalties. Based
on this, EPA has determined that this
rule meets the applicable criteria for
enforceability of SIP requirements.
The NOX emissions reduction rule at
K.A.R. 28–17–713 will apply to owners
and operators of stationary sources
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located in Johnson and Wyandotte
counties that emit NOX in an amount
equal to or greater than 1,000 tons per
year for the entire facility, based on the
average of total emissions for the 2005,
2006 and 2007 calendar years (the threeyear period in which the violation of the
ozone standard was recorded). No
owner or operator of an emission unit
subject to the rules may allow or permit
NOX to be emitted in excess of specified
emission limits. The Kansas regulations
further require owners and operators to
install, operate, and maintain such
equipment as necessary to achieve the
emission limits and to demonstrate
compliance using a certified continuous
emission monitoring system (CEMS).
Three facilities are affected by this
rule. Two of these are the Kansas City
Board of Public Utilities (BPU) power
generating facilities located in
Wyandotte County—the Nearman Creek
Power Station and the Quindaro Power
Station. The other affected facility is
AGC Flat Glass North America located
in southern Johnson County.
III. Why is EPA approving Kansas’s SIP
revision?
These rules will result in reduced
emissions of pollutants that contribute
to ozone and fine particulate matter
concentrations. The pollutants reduced
by these regulations are volatile organic
compounds, nitrogen oxides, carbon
monoxide, and fine particulate matter,
although the amount of reductions is
not quantified. The approval of this rule
will strengthen the Kansas SIP and
assist the state in meeting and
maintaining compliance with air quality
standards, including the standard for
ground level ozone.
Kansas’s idling rule is generally
consistent with EPA’s ‘‘Model State
Idling Law’’ (EPA420–S–06–001, April
2006). This model rule was developed
with input from the states and industry
to address idling issues in a consistent
and understandable manner from state
to state, to aid in compliance.
IV. 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
completeness criteria of 40 CFR part 51,
appendix V. In addition, the revision
meets the substantive SIP requirements
of the CAA, including section 110 and
implementing regulations.
V. What action is EPA taking?
EPA is taking final action to approve
the request to amend the Kansas SIP to
include Kansas rules K.A.R. 28–19–712
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(Idle Reduction of Heavy Duty Diesel
Vehicles) and K.A.R. 28–19–713
(Reduction of Nitrogen Oxides (NOX)
Emissions for the Kansas portion of the
Kansas City Ozone Maintenance Area).
These rules were adopted by Kansas
in response to a violation of the 8-hour
ozone standard in Kansas City, based on
2005 through 2007 monitoring data,
under the statutory authority granted by
Kansas Statutes Annotated (K.S.A.) 65–
3001 through 65–3028. The regulations
were effective in Kansas on June 25,
2010.
We are processing this action 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 comments 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.
wreier-aviles on DSK5TPTVN1PROD with RULES
VI. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
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 action 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 22, 2013. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action 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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. 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, Motor
carriers, Motor vehicles, Motor vehicle
pollution, Nitrogen oxides, Ozone,
Particulate matter, Reporting and
recordkeeping requirements,
Transportation, Volatile organic
compounds.
Dated: February 6, 2013.
Karl Brooks,
Regional Administrator, Region 7.
40 CFR part 52 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 § 52.870 the table in paragraph
(c) is amended by adding new entries in
alpha-numeric order for K.A.R. 28–19–
712 and 28–19–713 under a new
subheading entitled ‘‘Nitrogen Oxide
Emissions’’ to read as follows:
■
§ 52.870
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Identification of plan.
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EPA-APPROVED KANSAS REGULATIONS
Kansas citation
State effective
date
Title
EPA approval date
Kansas Department of Health and Environment
Ambient Air Quality Standards and Air Pollution Control
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Explanation
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EPA-APPROVED KANSAS REGULATIONS—Continued
Kansas citation
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State effective
date
Title
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EPA approval date
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Explanation
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Nitrogen Oxide Emissions
K.A.R. 28–19–712 ...........................
Definitions ......................................
06/25/10
K.A.R. 28–19–712a .........................
Applicability ....................................
06/25/10
K.A.R. 28–19–712b .........................
General requirement for heavyduty diesel vehicles.
06/25/10
K.A.R. 28–19–712c .........................
General requirement for load and
unload locations.
06/25/10
K.A.R. 28–19–712d .........................
Exemptions ....................................
06/25/10
K.A.R. 28–19–713 ...........................
Applicability ....................................
06/25/10
K.A.R. 28–19–713a .........................
Emission limitation requirements ...
06/25/10
K.A.R. 28–19–713b .........................
Alternate emissions limit ................
06/25/10
K.A.R. 28–19–713c .........................
Control measures and equipment
06/25/10
K.A.R. 28–19–713d .........................
Compliance demonstration, monitoring, and reporting requirements.
06/25/10
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[FR Doc. 2013–03749 Filed 2–19–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2012–0762; FRL–9782–1]
Approval and Promulgation of
Implementation Plans; Tennessee:
Knox County Supplement Motor
Vehicle Emissions Budget Update
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
wreier-aviles on DSK5TPTVN1PROD with RULES
AGENCY:
EPA is taking direct final
action to approve a revision to the
Tennessee State Implementation Plan
(SIP), submitted to EPA on December
13, 2012, by the State of Tennessee,
through the Tennessee Department of
Environment and Conservation (TDEC).
SUMMARY:
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Tennessee’s December 13, 2012, SIP
revision includes changes to the
maintenance plan for the Knox County
1-hour ozone area submitted on August
26, 1992, and approved by EPA on
September 27, 1993, and a subsequent
SIP revision approved by EPA on
August 5, 1997. The Knox County 1hour ozone area was comprised of Knox
County in its entirety. The December 13,
2012 SIP revision proposes to increase
the safety margin allocated to motor
vehicle emissions budgets (MVEB) for
nitrogen oxides (NOX) and volatile
organic compounds (VOC) for Knox
County to account for changes in the
emissions model and vehicle miles
traveled (VMT) projection model. EPA
is approving this SIP revision because
the State has demonstrated that it is
consistent with the Clean Air Act (CAA
or Act).
DATES: This rule is effective on April 22,
2013 without further notice, unless EPA
receives relevant adverse comment by
March 22, 2013. If EPA receives such
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comment, EPA will publish a timely
withdrawal in the Federal Register
informing the public that this rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2012–0762 by one of the following
methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: R4–RDS@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: EPA–R04–OAR–2012–0762,
Regulatory Development Section, Air
Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Lynorae
Benjamin, Chief, Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
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[Federal Register Volume 78, Number 34 (Wednesday, February 20, 2013)]
[Rules and Regulations]
[Pages 11751-11754]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03749]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2012-0293; FRL-9781-5]
Approval and Promulgation of Implementation Plans; State of
Kansas; Idle Reduction of Heavy-Duty Diesel Vehicles and Reduction of
Nitrogen Oxides (NOX) Emissions for the Kansas City Ozone
Maintenance Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve revisions to the
Kansas State Implementation Plan (SIP) submitted by the State of Kansas
on July 27, 2010. The revision includes two new rules which implement
restrictions on the idling of heavy duty diesel vehicles and reduce
nitrogen oxide (NOX) emissions at stationary sources in the
Kansas portion of the Kansas City Maintenance Area for ozone. EPA is
approving this revision because the standards and requirements set by
the rules will strengthen the Kansas SIP. EPA's approval of this SIP
revision is being done in accordance with the requirements of the Clean
Air Act (CAA).
DATES: This direct final rule will be effective April 22, 2013, without
further notice, unless EPA receives adverse comment by March 22, 2013.
If EPA receives adverse comment, we 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-2012-0293, by one of the following methods:
1. https://www.regulations.gov. Follow the on-line instructions for
submitting comments.
2. Email: kemp.lachala@epa.gov.
3. Mail or hand delivery: Lachala Kemp, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219.
Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2012-0293. 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 email 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 email comment directly to EPA without
going through https://www.regulations.gov, your email 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.
[[Page 11752]]
Docket: All documents in the 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, 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,
11201 Renner Boulevard, Lenexa, Kansas 66219. The Regional Office's
official hours of business are Monday through Friday, 8:00 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: Lachala Kemp at (913) 551-7214 or by
email at kemp.lachala@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA.
Table of Contents
I. What is the background for today's action?
II. What revisions is EPA approving?
III. Why is EPA approving Kansas's SIP revision?
IV. Have the requirements for approval of a SIP revision been met?
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews
I. What is the background for today's action?
The Kansas City Eight-Hour Ozone Maintenance Plan, which was
approved by EPA and became effective on October 9, 2007, contains
contingency measures that are triggered upon a violation of the 1997 8-
hour ozone national ambient air quality standard. These contingency
measures include a heavy-duty diesel idle reduction regulation and a
NOX emissions reduction regulation for Johnson and Wyandotte
counties. A violation of the 1997 8-hour ozone standard occurred
thereafter, thus triggering the adoption of these rules.
II. What revisions is EPA approving?
On July 27, 2010, Kansas submitted to EPA for approval into the
Kansas SIP two new rules for the Kansas portion of the Kansas City
Ozone Maintenance Area: Kansas Administrative Regulation (K.A.R.) 28-
19-712 and K.A.R. 28-19-713. These rules became effective in Kansas on
June 25, 2010. The idle reduction rule at K.A.R. 28-19-712 limits the
amount of time a heavy duty diesel vehicle in Johnson and Wyandotte
Counties in Kansas will be permitted to idle while parked or while
waiting to load or unload. It also places responsibilities on freight
load or unload locations to limit the idling of heavy duty diesel
vehicles or commercial vehicles while at their location.
Per K.A.R. 28-19-712a, this rule applies to owners or operators of
commercial, public or institutional heavy duty diesel vehicles (those
having a gross vehicle weight rating (GVWR) of greater than 14,001
pounds) that are designed primarily to transport persons or property on
public streets and highways.
K.A.R. 28-19-712b sets a time limit of five minutes idling time
(i.e., when a vehicle's engine is operating but not in gear) in any
sixty minute period, with some exceptions noted in K.A.R. 28-19-712c
and 28-19-712d, as described below. In addition, the regulations
restrict idling of heavy-duty diesel vehicles that are also commercial
vehicles to thirty minutes in any sixty minute period at load or unload
locations. K.A.R. 28-19-712c.
The regulation specifies exemptions to the idling limit for certain
vehicle types and situations. These exemptions are listed in K.A.R. 28-
19-712d and include: road traffic conditions; operating equipment for
safety or emergency uses; police, fire, ambulance, public safety and
other law enforcement vehicles; service and repair needs; state or
Federal equipment inspections; mechanical work; armored vehicles; bus
idling for passenger comfort (no greater than fifteen minutes in any
sixty minute period); vehicles idling for purposes of using sleeper
berth compartments; mechanical difficulties; agricultural operations in
which the vehicle is only incidentally operated or moved upon public
roads; and vehicles using auxiliary equipment powered by the engine.
Kansas intends to use financial incentives, compliance assistance
and public education as the primary tools to implement the heavy-duty
diesel idling rule. It intends to reprioritize its existing contractual
agreements with the locally affected governmental agencies to emphasize
the need for public outreach, education and compliance assistance to
facilitate this implementation. Furthermore, in appropriate cases,
Kansas has statutory authority under K.S.A. 65-3018 to seek penalties.
Based on this, EPA has determined that this rule meets the applicable
criteria for enforceability of SIP requirements.
The NOX emissions reduction rule at K.A.R. 28-17-713
will apply to owners and operators of stationary sources located in
Johnson and Wyandotte counties that emit NOX in an amount
equal to or greater than 1,000 tons per year for the entire facility,
based on the average of total emissions for the 2005, 2006 and 2007
calendar years (the three-year period in which the violation of the
ozone standard was recorded). No owner or operator of an emission unit
subject to the rules may allow or permit NOX to be emitted
in excess of specified emission limits. The Kansas regulations further
require owners and operators to install, operate, and maintain such
equipment as necessary to achieve the emission limits and to
demonstrate compliance using a certified continuous emission monitoring
system (CEMS).
Three facilities are affected by this rule. Two of these are the
Kansas City Board of Public Utilities (BPU) power generating facilities
located in Wyandotte County--the Nearman Creek Power Station and the
Quindaro Power Station. The other affected facility is AGC Flat Glass
North America located in southern Johnson County.
III. Why is EPA approving Kansas's SIP revision?
These rules will result in reduced emissions of pollutants that
contribute to ozone and fine particulate matter concentrations. The
pollutants reduced by these regulations are volatile organic compounds,
nitrogen oxides, carbon monoxide, and fine particulate matter, although
the amount of reductions is not quantified. The approval of this rule
will strengthen the Kansas SIP and assist the state in meeting and
maintaining compliance with air quality standards, including the
standard for ground level ozone.
Kansas's idling rule is generally consistent with EPA's ``Model
State Idling Law'' (EPA420-S-06-001, April 2006). This model rule was
developed with input from the states and industry to address idling
issues in a consistent and understandable manner from state to state,
to aid in compliance.
IV. 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 completeness criteria of 40 CFR part 51, appendix V. In
addition, the revision meets the substantive SIP requirements of the
CAA, including section 110 and implementing regulations.
V. What action is EPA taking?
EPA is taking final action to approve the request to amend the
Kansas SIP to include Kansas rules K.A.R. 28-19-712
[[Page 11753]]
(Idle Reduction of Heavy Duty Diesel Vehicles) and K.A.R. 28-19-713
(Reduction of Nitrogen Oxides (NOX) Emissions for the Kansas
portion of the Kansas City Ozone Maintenance Area).
These rules were adopted by Kansas in response to a violation of
the 8-hour ozone standard in Kansas City, based on 2005 through 2007
monitoring data, under the statutory authority granted by Kansas
Statutes Annotated (K.S.A.) 65-3001 through 65-3028. The regulations
were effective in Kansas on June 25, 2010.
We are processing this action 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 comments 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.
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
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 action 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 22, 2013. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. 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, Motor
carriers, Motor vehicles, Motor vehicle pollution, Nitrogen oxides,
Ozone, Particulate matter, Reporting and recordkeeping requirements,
Transportation, Volatile organic compounds.
Dated: February 6, 2013.
Karl Brooks,
Regional Administrator, Region 7.
40 CFR part 52 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 adding new
entries in alpha-numeric order for K.A.R. 28-19-712 and 28-19-713 under
a new subheading entitled ``Nitrogen Oxide Emissions'' to read as
follows:
Sec. 52.870 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Kansas Regulations
----------------------------------------------------------------------------------------------------------------
State
Kansas citation Title effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
Kansas Department of Health and Environment
Ambient Air Quality Standards and Air Pollution Control
----------------------------------------------------------------------------------------------------------------
[[Page 11754]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Nitrogen Oxide Emissions
----------------------------------------------------------------------------------------------------------------
K.A.R. 28-19-712.................. Definitions.......... 06/25/10 02-20-13 [insert ..............
Federal Register
page number where
the document begins].
K.A.R. 28-19-712a................. Applicability........ 06/25/10 02-20-13 [insert
Federal Register
page number where
the document begins].
02-20-13 [insert ..............
Federal Register
page number where
the document
begins].
K.A.R. 28-19-712b................. General requirement 06/25/10 02-20-13 [insert ..............
for heavy-duty Federal Register
diesel vehicles. page number where
the document begins].
K.A.R. 28-19-712c................. General requirement 06/25/10 02-20-13 [insert ..............
for load and unload Federal Register
locations. page number where
the document begins].
K.A.R. 28-19-712d................. Exemptions........... 06/25/10 02-20-13 [insert ..............
Federal Register
page number where
the document begins].
K.A.R. 28-19-713.................. Applicability........ 06/25/10 02-20-13 [insert ..............
Federal Register
page number where
the document begins].
K.A.R. 28-19-713a................. Emission limitation 06/25/10 02-20-13 [insert ..............
requirements. Federal Register
page number where
the document begins].
K.A.R. 28-19-713b................. Alternate emissions 06/25/10 02-20-13 [insert ..............
limit. Federal Register
page number where
the document begins].
K.A.R. 28-19-713c................. Control measures and 06/25/10 02-20-13 [insert ..............
equipment. Federal Register
page number where
the document begins].
K.A.R. 28-19-713d................. Compliance 06/25/10 02-20-13 [insert ..............
demonstration, Federal Register
monitoring, and page number where
reporting the document begins].
requirements.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2013-03749 Filed 2-19-13; 8:45 am]
BILLING CODE 6560-50-P
