[Federal Register Volume 62, Number 129 (Monday, July 7, 1997)]
[Rules and Regulations]
[Pages 36212-36214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17601]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[KS 026-1026; FRL-5853-1]
Approval and Promulgation of Implementation Plans; State of
Kansas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The EPA is taking final action to approve the State
Implementation Plan (SIP) revision concerning Kansas Air Regulation
(K.A.R.) 28-19-79, Fuel Volatility, submitted by the Kansas Department
of Health and Environment (KDHE). This revision sets a summertime
gasoline Reid vapor pressure (RVP) limit of 7.2 pounds per square inch
(psi), and 8.2 psi for gasoline containing at least 9.0 percent by
volume but not more than 10.0 percent by volume ethanol, for gasoline
distributed in Wyandotte and Johnson Counties in Kansas. This revision
is necessary to ensure that the area continues to maintain the National
Ambient Air Quality Standard (NAAQS) for ozone.
DATES: This final rule is effective on August 6, 1997.
ADDRESSES: Copies of the documents relevant to this action are
available for public inspection during normal business hours at the:
Environmental Protection Agency, Air Planning and Development Branch,
726 Minnesota Avenue, Kansas City, Kansas 66101.
FOR FURTHER INFORMATION CONTACT: Stan Walker at (913) 551-7494.
SUPPLEMENTARY INFORMATION: On March 24, 1997 (62 FR 13849), the EPA
proposed approval of the SIP revision concerning K.A.R. 28-19-79, Fuel
Volatility, submitted by KDHE. This revision, which limits the RVP of
gasoline sold in the Kansas portion of the metropolitan area, is
necessary to help the Kansas City area maintain the NAAQS for ozone. In
accord with section 211(c)(4)(C), the EPA is able to approve this fuel
control measure because the state of Kansas demonstrated that the
measure is
[[Page 36213]]
necessary to achieve the national primary and secondary ambient air
quality standard. The EPA also approves the state fuel requirement as
necessary because no other measures would bring about timely attainment
or, if other measures exist, they are unreasonable or impracticable.
The state rule was adopted and approved by the Secretary of KDHE
after proper public notice and hearing procedures. The rule was
effective on May 2, 1997. The SIP revision was submitted by the
Secretary of KDHE on May 23, 1997.
The EPA proposed approval of this rule using parallel processing
procedures. Under this procedure, the EPA proposed to approve the
Kansas rule based on its proposed rule provided the state made no
significant changes in the rule upon adoption of the final rule. Since
no substantive revisions were made by the state to its proposed rule,
and the EPA received no comments on its proposed approval notice, the
EPA is able to take final action in this notice to approve this
revision to the state's SIP.
The rule was adopted by the state and became effective on May 2,
1997. The EPA is taking final action regarding this SIP revision for
the reasons discussed in the notice of proposed rulemaking (NPM).
For additional background on this action and the EPA's detailed
rationale for approval, please refer to the technical support document
of the aforementioned NPM (62 FR 13849), as modified in conjunction
with this final action.
I. Final Action
The EPA is taking final action to approve the SIP revision
concerning K.A.R. 28-19-79, Fuel Volatility, submitted by KDHE.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to the SIP shall be
considered separately in light of specific technical, economic, and
environmental factors, and in relation to relevant statutory and
regulatory requirements.
II. Administrative Requirements
A. Executive Order 12866
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995, memorandum from Mary Nichols, Assistant Administrator
for Air and Radiation. The Office of Management and Budget has exempted
this regulatory action from Executive Order 12866 review.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., the
EPA must prepare a regulatory flexibility analysis assessing the impact
of any proposed or final rule on small entities (5 U.S.C. 603 and 604).
Alternatively, the EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
This Federal action authorizes and approves into the Kansas SIP
requirements previously adopted by the state, and imposes no new
requirements. Therefore, the Administrator certifies that it does not
have a significant impact on any small entities affected. Moreover, due
to the nature of the Federal-state relationship under the Clean Air Act
(CAA), preparation of a regulatory flexibility analysis would
constitute Federal inquiry into the economic reasonableness of state
action. The CAA forbids the EPA to base its actions concerning SIPs on
such grounds (Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66
(S.Ct. 1976); 42 U.S.C. 7410(a)(2)).
C. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
signed into law on March 22, 1995, the EPA must prepare a budgetary
impact statement to accompany any proposed or final rule that includes
a Federal mandate that may result in estimated costs to state, local,
or tribal governments in the aggregate; or to private sector, of $100
million or more in any one year. Under section 205, the EPA must select
the most cost effective and least burdensome alternative that achieves
the objectives of the rule and is consistent with statutory
requirements. Section 203 requires the EPA to establish a plan for
informing and advising any small governments that may be significantly
or uniquely impacted by the rule.
The EPA has determined that the approval action promulgated does
not include a Federal mandate that may result in estimated costs of
$100 million or more to either state, local, or tribal governments in
the aggregate, or to the private sector. This action authorizes and
approves into the Kansas SIP requirements previously adopted by the
state, and imposes no new requirements. Accordingly, no additional cost
to state, local, or tribal governments, or to the private sector,
results from this action.
D. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, the EPA submitted 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
General Accounting Office prior to publication of this rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
E. Petitions for Judicial Review
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 September 5, 1997. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review, nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: June 17, 1997.
William Rice,
Acting Regional Aministrator.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart R--Kansas
2. Section 52.870 is amended by adding paragraph (c)(33) to read as
follows:
Sec. 52.870 Identification of plan.
* * * * *
(c) * * *
[[Page 36214]]
(33) A revision to the Kansas SIP was submitted by the Kansas
Department of Health and Environment on May 23, 1997, pertaining to
fuel volatility.
(i) Incorporation by reference.
(A) K.A.R. 28-19-79, Fuel Volatility, effective May 2, 1997.
[FR Doc. 97-17601 Filed 7-3-97; 8:45 am]
BILLING CODE 6560-50-P
