[Federal Register Volume 65, Number 7 (Tuesday, January 11, 2000)]
[Rules and Regulations]
[Pages 1545-1548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-270]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[085-1085b; FRL-6517-9]
Approval and Promulgation of Implementation Plans; State of
Kansas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving a variety of revisions to the State
Implementation Plan (SIP) for Kansas. These revisions include revising
and renumbering regulatory definitions, streamlining opacity
requirements, expanding testing of gasoline delivery vehicles, and
methods for calculating actual emissions. These revisions enhance and
strengthen the SIP to promote attainment and maintenance of established
air quality standards.
DATES: This direct final rule is effective on March 13, 2000 without
further notice, unless EPA receives adverse comment by February 10,
2000. If adverse comment is received, EPA will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.
ADDRESSES: All comments should be addressed to: Christopher D. Hess,
U.S. EPA Region VII, 901 North 5th Street, Kansas City, Kansas 66101,
or via e-mail at hess.christopher@epamail.epa.gov.
Copies of the state submittal(s) are available at the following
addresses for inspection during normal business hours: Environmental
Protection Agency, Air Planning and Development Branch, 901 North 5th
Street, Kansas City, Kansas 66101; and the Environmental Protection
Agency, Air and Radiation Docket and Information Center, Air Docket
(6102), 401 M Street, SW, Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Christopher D. Hess, Air Planning and
Development Branch, 901 North 5th Street, Kansas City, Kansas 66101,
(913) 551-7213.
SUPPLEMENTARY INFORMATION:
Information regarding this action is presented in the following
order:
Why is EPA taking this action?
Who should be concerned with these revisions?
How does EPA decide these revisions are approvable?
``Final Action.''
Throughout this document, wherever ``we, us, or our'' is used, that
means EPA.
Why Is EPA Taking This Action?
The state of Kansas maintains a SIP that contains regulations,
control measures, and strategies to maintain national ambient air
quality standards (NAAQS). Our process for approving revisions to the
SIP allows all interested citizens, government agencies, and regulated
groups and individuals to know precisely what is in the SIP. It also
allows us or the public to take enforcement action to address
violations of the approved regulations.
Who Should Be Concerned With These Revisions?
If you use the state of Kansas' regulatory definitions, are
concerned with opacity requirements (especially in Wyandotte County),
operate a gasoline delivery vehicle in Kansas City, or need to know how
to calculate actual emissions, the revisions we are approving may
interest you. We are providing a summary of each revision in the next
four sections.
A. Kansas Regulatory Definitions
K.A.R. 28-19-7 of the previously approved SIP contained the primary
definitions for the Kansas air quality regulations. This section is now
revoked. The definitions are now included in K.A.R. 29-19-200, which is
a planned renumbering of the regulations by the state. Furthermore, the
Federal lists of volatile organic compounds (VOC) and hazardous air
pollutants that were previously contained in K.A.R. 28-19-7 are now
contained in K.A.R. 28-19-201. K.A.R. 28-19-16a, regarding new source
permit requirements for designated nonattainment areas, is amended to
remove duplications of certain terms previously contained in K.A.R. 28-
19-7 that now appear in K.A.R. 28-19-200.
The net effect is that the definitions are now renumbered, free of
duplications, and the Federal lists are now separated from the main
body of definitions so that changes generated by Federal revisions can
be made quickly and without reprinting the entire definitions section
(e.g., the new K.A.R. 28-19-200) each time a Federal revision is
enacted.
B. Opacity
K.A.R. 28-19-50 of the previously approved SIP contained the
general opacity regulations (``opacity'' is a term that describes the
percentage of visible air emissions allowable from an emissions unit).
K.A.R. 28-19-52 contained the exceptions to the general opacity
requirements contained in K.A.R. 28-19-50.
Both of the existing opacity regulations are now revoked. Their
content is now incorporated into K.A.R. 28-19-650. This new, single
regulation also incorporates provisions for Wyandotte County regarding
opacity.
The net effect of these revisions is that previous opacity
requirements remain in effect but are now contained in renumbered
regulations. Additionally, by including the local rules from Wyandotte
County, the state rule is now consistent with the local rule, which was
previously approved by EPA as part of the SIP as a local, but not a
state, rule.
C. Gasoline Delivery Vehicles in Kansas City
K.A.R. 28-19-70 in the Kansas air quality regulations establish
controls on emissions of VOCs from gasoline delivery vehicles. The
regulation is now revised so that inspections of vehicles to determine
compliance is expanded from two months to five months of each year.
This change will increase the ability of Kansas to ensure that testing
and compliance demonstrations are performed for gasoline delivery
vehicles.
D. Method for Determining Actual Emissions
In regulation K.A.R. 28-19-20, the state outlines various
alternatives for calculating actual emissions for owners or operators
of an emissions unit or stationary source.
[[Page 1546]]
The regulation enables sources to determine actual emissions using
data from continuous monitoring systems, approved emissions factors,
material balances, or methods specified in an issued permit. If a
source is unable to qualify for one of these methods, the calculation
will be performed using the potential to emit of the emission unit or
stationary source.
E. Permit Applicability Limits
We are not acting on one portion of the Kansas SIP submittal. The
May 3, 1999, submittal contains a new regulation, K.A.R. 28-19-564,
which provides an exemption from certain major source permitting
requirements for sources which limit their emissions to specified
levels. During the state's rule adoption process, we commented that the
rule should be revised to define more clearly the records that sources
must keep to demonstrate their emission levels. In response, Kansas
indicated that it would make changes in the rule to address EPA
concerns at a later date. EPA plans to propose action on K.A.R. 28-19-
564 after the state has made revisions and submitted them to EPA.
If you are interested in a technical analysis of these revisions,
please request the technical support document (TSD) from us. It is
dated July 22, 1999, and titled ``Kansas SIP Revisions, 1999.'' Please
refer to the contact information provided in the summary section of
this document to request the TSD.
How Does EPA Decide These Revisions Are Approvable?
First, we participate with the state to identify which portions of
the SIP need to be revised to, for example, incorporate changes in
Federal regulations or strengthen measures used to maintain the NAAQS.
The state then initiates a public consultation process that allows
anyone who is interested to provide comments on proposed regulations.
Once these regulations are adopted as final by the state, they are
submitted to us for Federal approval.
We then compare the state's revised regulations to established
Federal criteria to ensure those regulations meet all Federal criteria.
(Although we participate early in the rule revision process, the
subsequent public review process can occasionally mean the state makes
certain revisions to the proposed regulations. So, we make sure that
any revisions still meet all applicable criteria after the state
regulations are finalized).
The criteria we use are contained in a variety of documents such as
the Clean Air Act (CAA) and the Code of Federal Regulations. When a
state's proposals fulfill Federal requirements, we propose approval
through this Federal Register document.
As mentioned earlier, we have conducted a rigorous technical
analysis of these revisions in our TSD, and anyone who is interested
can request that document to examine these revisions more closely.
In summary, we consider all of the proposed revisions
noncontroversial and fully approvable. Each revision is already an
adopted requirement in Kansas and, as such, has undergone extensive
public review and comment process. Therefore, we are not imposing any
new requirements that are not already in effect in the state of Kansas
or in Wyandotte County.
Final Action
EPA is approving revisions submitted by the state of Kansas
regarding the topics outlined in this document. Nothing in this action
should be construed as making any determinations or expressing any
position with regard to Kansas' audit law (K.S.A. 60-3332, et seq.),
and this action does not express or imply any viewpoint regarding any
legal deficiencies in this or any other Federally authorized,
delegated, or approved program resulting from the effect of Kansas'
audit law.
EPA is publishing this document without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This action will be effective March 13, 2000
without further notice unless the Agency receives adverse comments by
February 10, 2000.
If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this action will be effective on March 13, 2000 and no
further action will be taken on the proposed rule.
Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 12866, entitled ``Regulatory
Planning and Review.''
B. Executive Order 13132
Federalism (64 FR 43255, August 10, 1999) revokes and replaces
Executive Order 12612 (Federalism) and Executive Order 12875 (Enhancing
the Intergovernmental Partnership). Executive Order 13132 requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by state and local officials in the development of regulatory
policies that have federalism implications.'' ``Policies that have
federalism implications'' is defined in the Executive Order to include
regulations that 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.'' Under Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal Government provides the funds necessary to pay the direct
compliance costs incurred by state and local governments, or EPA
consults with state and local officials early in the process of
developing the proposed regulation. EPA also may not issue a regulation
that has federalism implications and that preempts state law unless the
Agency consults with state and local officials early in the process of
developing the proposed regulation.
This final rule will 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.
Thus, the requirements of section 6 of the Executive Order do not apply
to this rule.
C. Executive Order 13045
Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997) applies to any rule that: (1) is
determined to be ``economically significant'' as defined under
Executive Order 12866, and (2) concerns an environmental health or
safety risk that EPA has reason to believe may have a disproportionate
effect on children. If the regulatory action meets both criteria, the
Agency must evaluate the environmental health or safety effects of the
planned rule on children, and
[[Page 1547]]
explain why the planned regulation is preferable to other potentially
effective and reasonably feasible alternatives considered by the
Agency.
This rule is not subject to Executive Order 13045 because it is not
an economically significant regulatory action as defined by Executive
Order 12866, and it does not establish a further health or risk-based
standard because it approves state rules which implement a previously
promulgated health or safety-based standard.
D. Executive Order 13084
Under Executive Order 13084, Consultation and Coordination with
Indian Tribal Governments, EPA may not issue a regulation that is not
required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
Government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies by consulting, Executive Order 13084
requires EPA to provide to OMB, in a separately identified section of
the preamble to the rule, a description of the extent of EPA's prior
consultation with representatives of affected tribal governments, a
summary of the nature of their concerns, and a statement supporting the
need to issue the regulation. In addition, Executive Order 13084
requires EPA to develop an effective process permitting elected
officials and other representatives of Indian tribal governments ``to
provide meaningful and timely input in the development of regulatory
policies on matters that significantly or uniquely affect their
communities.''
Today's rule does not significantly or uniquely affect the
communities of Indian tribal governments. Accordingly, the requirements
of section 3(b) of Executive Order 13084 do not apply to this rule.
E. Regulatory Flexibility Act (RFA)
The RFA generally requires an agency to conduct a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements, unless the agency certifies that the rule will
not have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small not-for-profit
enterprises, and small governmental jurisdictions. This final rule will
not have a significant impact on a substantial number of small entities
because SIP approvals under section 110 and Subchapter I, Part D of the
CAA do not create any new requirements, but simply approve requirements
that the state is already imposing. Therefore, I certify that this
action will not have a significant economic impact on a substantial
number of small entities. Moreover, due to the nature of the Federal-
state relationship under the CAA, preparation of flexibility analysis
would constitute Federal inquiry into the economic reasonableness of
state action. The CAA forbids EPA to base its actions concerning SIPs
on such grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66
(1976); 42 U.S.C. 7410(a)(2).
F. Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
annual costs to state, local, or tribal governments in the aggregate,
or to the private sector, of $100 million or more. Under Section 205,
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 EPA to establish a
plan for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated annual costs of
$100 million or more to either state, local, or tribal governments in
the aggregate, or to the private sector. This Federal action approves
preexisting requirements under state or local law, and imposes no new
requirements. Accordingly, no additional costs to state, local, or
tribal governments, or to the private sector, result from this action.
G. Submission to Congress and the Comptroller General
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 United States Senate, the United States
House of Representatives, and the United States Comptroller General
prior to publication of the rule in the Federal Register. This rule is
not a ``major rule'' as defined by 5 U.S.C. 804(2).
H. 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 March 13, 2000. 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.
Dated: November 29, 1999.
Dennis Grams, P.E.,
Regional Administrator, Region VII.
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 et seq.
Subpart R--Kansas
2. In Sec. 52.870 the table in paragraph (c) is amended by:
a. Removing entries ``K.A.R. 28-19-7'' and ``K.A.R. 28-19-50'';
b. Revising entries ``K.A.R. 28-19-16a'', ``K.A.R. 28-19-20'' and
``K.A.R. 28-19-70'';
c. Adding in numerical order entries ``K.A.R. 28-19-200'' and
``K.A.R. 28-19-201'' under the heading ``General Provisions''; and
d. Adding in numerical order the entry ``K.A.R. 28-19-650'' under
the heading ``Open Burning Restrictions.''
The revisions and additions read as follows:
Sec. 52.870 Identification of plan.
* * * * *
(c) EPA-approved regulations.
[[Page 1548]]
EPA-Approved Kansas Regulations
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State
Kansas citation Title effective EPA approval date Explanations
date
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Kansas Department of Health and Environment Ambient Air Quality Standards and Air Pollution Control
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*
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Nonattainment Area Requirements
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* * * * * *
*
K.A.R. 28-19-16a..................... Definitions......... 10/10/97 1/11/00, 65 FR 1548
* * * * * *
*
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Processing Operation Emissions
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* * * * * *
*
K.A.R. 28-19-20...................... Calculation of 9/28/93 1/11/00, 65 FR 1548
Actual Emissions.
* * * * * *
*
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Volatile Organic Compound Emissions
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* * * * * *
*
K.A.R. 28-19-70...................... Leaks from Gasoline 5/15/98 1/11/00, 65 FR 1548
Delivery Vessels
and Vapor
Collection Systems.
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*
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General Provisions
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* * * * * *
*
K.A.R. 28-19-200..................... General Provisions; 10/10/97 1/11/00, 65 FR 1548 New rule. Replaces
definitions. K.A.R. 28-19-7
definitions.
K.A.R. 28-19-201..................... General Provisions; 10/10/97 1/11/00, 65 FR 1548 New rule. Replaces
Regulated Compounds Regulated
List. Compounds in
K.A.R. 28-19-7.
* * * * * *
*
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Open Burning Restrictions
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*
K.A.R. 28-19-650..................... Emissions Opacity 3/1/96 1/11/00, 65 FR 1548 New rule. Replaces
Limits. K.A.R. 28-19-50
and 28-19-52.
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*
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[FR Doc. 00-270 Filed 1-10-00; 8:45 am]
BILLING CODE 6560-50-P
