Approval of Operating Permits Program; Kansas; Reporting Emission Data, Emission Fees and Process Information, 6338-6339 [2019-03356]

Download as PDF 6338 * * Federal Register / Vol. 84, No. 39 / Wednesday, February 27, 2019 / Rules and Regulations * * II. Have the requirements for approval of a part 70 revision been met? III. What action is EPA taking? IV. Statutory and Executive Order Reviews * [FR Doc. 2019–02862 Filed 2–26–19; 8:45 am] BILLING CODE 6560–50–P I. Background ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 70 [EPA–R07–OAR–2018–0828; FRL 9989–43– Region 7] Approval of Operating Permits Program; Kansas; Reporting Emission Data, Emission Fees and Process Information Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is taking final action to approve revisions to the Operating Permits Program (OPP) for the State of Kansas. This final action will amend the Kansas rules to reorganize, clarify, and update the Class I emission fee, application fee, and emissions inventory regulations and ensure that Kansas’s OPP is adequately funded. Approval of these revisions ensures consistency between the State and federallyapproved rules and does not impact air quality. DATES: This final rule is effective on March 29, 2019. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA–R07–OAR–2018–0828. All documents in the docket are listed on the https://www.regulations.gov website. 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 through https:// www.regulations.gov or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional information. FOR FURTHER INFORMATION CONTACT: Deborah Bredehoft, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at (913) 551–7164, or by email at Bredehoft.Deborah@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. amozie on DSK3GDR082PROD with RULES SUMMARY: Table of Contents 16:10 Feb 26, 2019 II. Have the requirements for approval of a part 70 revision been met? The state provided a public comment period for this OPP revision from September 7, 2017, to November 15, 2017, and received comments. In response to the comments, Kansas revised the rule prior to submitting to the EPA. The revisions are consistent with applicable EPA requirements in title V of the CAA and 40 CFR part 70. III. What action is EPA taking? The EPA is taking final action to approve revisions to the Kansas OPP by approving the State’s request to revoke K.A.R. 28–19–202, Annual emissions fees; and to amend K.A.R. 28–19–516, Class I operating permits, application fees; and K.A.R. 28–19–517, Class I operating permits, annual emissions inventory and fees. Approval of these revisions will ensure consistency between the state and federallyapproved rules. EPA has determined that these changes will not adversely impact air emissions. IV. Statutory and Executive Order Reviews This final action merely approves state law as meeting Federal I. Background VerDate Sep<11>2014 On December 19, 2018 (83 FR 65115), EPA published a notice of proposed rulemaking (NPR) for the State of Kansas. In the NPR, EPA proposed approval of revisions to the Kansas OPP. The revisions were submitted by the State of Kansas on January 22, 2018. Revisions to the program include revoking Kansas Administrative Regulation (K.A.R.) 28–19–202; adding new language to K.A.R. 28–19–517 which parallels language in the revoked K.A.R. 28–19–202; increasing the annual emission fee from $37 dollars per ton to $53 dollars per ton; increasing all application fees in K.A.R. 28–19– 516; establishing a baseline emission fee; and adding additional clarifications to the Program to address fees, refunds, electronic submittal, and who is required to submit an annual emissions inventory. A detailed discussion of Kansas’s OPP submission and EPA’s rationale for approving the OPP submission were provided in the NPR and the associated Technical Support Document in the docket for this rulemaking and will not be restated here. No comments were received regarding the NPR. Jkt 247001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this final action: • Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because Title V approvals are exempted under Executive Order 12866. • 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 the National Technology Transfer and Advancement Act (NTTA) because this rulemaking does not involve technical standards; 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 approval of the revision to Kansas’s Title V Operating Permit Program does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 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 E:\FR\FM\27FER1.SGM 27FER1 Federal Register / Vol. 84, No. 39 / Wednesday, February 27, 2019 / Rules and Regulations 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 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 29, 2019. 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. 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 70 Administrative practice and procedure, Air pollution control, Intergovernmental relations, Operating permits, Reporting and recordkeeping requirements. Dated: February 22, 2019. James Gulliford, Regional Administrator, Region 7. For the reasons stated in the preamble, EPA amends 40 CFR part 70 as set forth below: PART 70—STATE OPERATING PERMIT PROGRAMS 1. The authority citation for part 70 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. 2. Amend appendix A to part 70 by adding paragraph (g) under Kansas to read as follows: ■ Appendix A to Part 70—Approval Status of State and Local Operating Permits Programs * * * * * amozie on DSK3GDR082PROD with RULES * * * * * * * * [FR Doc. 2019–03356 Filed 2–26–19; 8:45 am] BILLING CODE 6560–50–P VerDate Sep<11>2014 16:10 Feb 26, 2019 [EPA–HQ–OPP–2018–0037; FRL–9987–32] Abamectin; Pesticide Tolerances Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: This regulation establishes tolerances for residues of abamectin in or on bananas and tea. Syngenta Crop Protection, LLC, requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). DATES: This regulation is effective February 27, 2019. Objections and requests for hearings must be received on or before April 29, 2019, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION). ADDRESSES: The docket for this action, identified by docket identification (ID) number EPA–HQ–OPP–2018–0037, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460–0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the OPP Docket is (703) 305–5805. Please review the visitor instructions and additional information about the docket available at http://www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Michael Goodis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; main telephone number: (703) 305–7090; email address: RDFRNotices@epa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: A. Does this action apply to me? (g) The Kansas Department of Health and Environment submitted revisions to Kansas rules K.A.R. 28–19–202, K.A.R. 28–19–516, and K.A.R. 28–19–517, on January 22, 2018. The state effective date is January 5, 2018. This revision is effective April 29, 2019. * 40 CFR Part 180 I. General Information Kansas * ENVIRONMENTAL PROTECTION AGENCY Jkt 247001 You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 6339 applies to them. Potentially affected entities may include: • Crop production (NAICS code 111). • Animal production (NAICS code 112). • Food manufacturing (NAICS code 311). • Pesticide manufacturing (NAICS code 32532). B. How can I get electronic access to other related information? You may access a frequently updated electronic version of EPA’s tolerance regulations at 40 CFR part 180 through the Government Printing Office’s e-CFR site at http://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/ 40tab_02.tpl. C. How can I file an objection or hearing request? Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number EPA–HQ– OPP–2018–0037 in the subject line on the first page of your submission. All objections and requests for a hearing must be in writing, and must be received by the Hearing Clerk on or before April 29, 2019. Addresses for mail and hand delivery of objections and hearing requests are provided in 40 CFR 178.25(b). In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing (excluding any Confidential Business Information (CBI)) for inclusion in the public docket. Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit the non-CBI copy of your objection or hearing request, identified by docket ID number EPA–HQ–OPP– 2018–0037, by one of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be CBI or other information whose disclosure is restricted by statute. • Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/ DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001. • Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please E:\FR\FM\27FER1.SGM 27FER1

Agencies

[Federal Register Volume 84, Number 39 (Wednesday, February 27, 2019)]
[Rules and Regulations]
[Pages 6338-6339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03356]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[EPA-R07-OAR-2018-0828; FRL 9989-43-Region 7]


Approval of Operating Permits Program; Kansas; Reporting Emission 
Data, Emission Fees and Process Information

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve revisions to the Operating Permits Program (OPP) for 
the State of Kansas. This final action will amend the Kansas rules to 
reorganize, clarify, and update the Class I emission fee, application 
fee, and emissions inventory regulations and ensure that Kansas's OPP 
is adequately funded. Approval of these revisions ensures consistency 
between the State and federally-approved rules and does not impact air 
quality.

DATES: This final rule is effective on March 29, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-OAR-2018-0828. All documents in the docket are listed on 
the https://www.regulations.gov website. 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 through https://www.regulations.gov or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional information.

FOR FURTHER INFORMATION CONTACT: Deborah Bredehoft, Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219 at (913) 551-7164, or by email at 
Bredehoft.Deborah@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to EPA.

Table of Contents

I. Background
II. Have the requirements for approval of a part 70 revision been 
met?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. Background

    On December 19, 2018 (83 FR 65115), EPA published a notice of 
proposed rulemaking (NPR) for the State of Kansas. In the NPR, EPA 
proposed approval of revisions to the Kansas OPP. The revisions were 
submitted by the State of Kansas on January 22, 2018. Revisions to the 
program include revoking Kansas Administrative Regulation (K.A.R.) 28-
19-202; adding new language to K.A.R. 28-19-517 which parallels 
language in the revoked K.A.R. 28-19-202; increasing the annual 
emission fee from $37 dollars per ton to $53 dollars per ton; 
increasing all application fees in K.A.R. 28-19-516; establishing a 
baseline emission fee; and adding additional clarifications to the 
Program to address fees, refunds, electronic submittal, and who is 
required to submit an annual emissions inventory. A detailed discussion 
of Kansas's OPP submission and EPA's rationale for approving the OPP 
submission were provided in the NPR and the associated Technical 
Support Document in the docket for this rulemaking and will not be 
restated here. No comments were received regarding the NPR.

II. Have the requirements for approval of a part 70 revision been met?

    The state provided a public comment period for this OPP revision 
from September 7, 2017, to November 15, 2017, and received comments. In 
response to the comments, Kansas revised the rule prior to submitting 
to the EPA. The revisions are consistent with applicable EPA 
requirements in title V of the CAA and 40 CFR part 70.

III. What action is EPA taking?

    The EPA is taking final action to approve revisions to the Kansas 
OPP by approving the State's request to revoke K.A.R. 28-19-202, Annual 
emissions fees; and to amend K.A.R. 28-19-516, Class I operating 
permits, application fees; and K.A.R. 28-19-517, Class I operating 
permits, annual emissions inventory and fees. Approval of these 
revisions will ensure consistency between the state and federally-
approved rules. EPA has determined that these changes will not 
adversely impact air emissions.

IV. Statutory and Executive Order Reviews

    This final 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 final action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because Title V approvals are exempted under 
Executive Order 12866.
     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 the National Technology 
Transfer and Advancement Act (NTTA) because this rulemaking does not 
involve technical standards; 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 approval of the revision to Kansas's Title V 
Operating Permit Program does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).
    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

[[Page 6339]]

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 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 29, 2019. 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. 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 70

    Administrative practice and procedure, Air pollution control, 
Intergovernmental relations, Operating permits, Reporting and 
recordkeeping requirements.

    Dated: February 22, 2019.
James Gulliford,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA amends 40 CFR part 70 
as set forth below:

PART 70--STATE OPERATING PERMIT PROGRAMS

0
1. The authority citation for part 70 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.


0
2. Amend appendix A to part 70 by adding paragraph (g) under Kansas to 
read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating 
Permits Programs

* * * * *

Kansas

* * * * *
    (g) The Kansas Department of Health and Environment submitted 
revisions to Kansas rules K.A.R. 28-19-202, K.A.R. 28-19-516, and 
K.A.R. 28-19-517, on January 22, 2018. The state effective date is 
January 5, 2018. This revision is effective April 29, 2019.
* * * * *
[FR Doc. 2019-03356 Filed 2-26-19; 8:45 am]
 BILLING CODE 6560-50-P