[Federal Register Volume 61, Number 20 (Tuesday, January 30, 1996)]
[Rules and Regulations]
[Pages 2938-2939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1722]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[KS001; AD-FRL-5407-8]
Clean Air Act (CAA) Final Full Approval of Operating Permits
Programs; State of Kansas, and Delegation of 112(l) Authority
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final full approval.
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SUMMARY: The EPA is fully approving the operating permits program
submitted by the state of Kansas for the purpose of complying with
Federal requirements for an approvable state program to issue operating
permits to all major stationary sources and certain other sources. EPA
is also approving, under section 112(l), the state program for
accepting delegation of section 112 standards to enforce air toxics
regulations.
EFFECTIVE DATE: February 29, 1996.
ADDRESSES: Copies of the state's submittal and other supporting
information used in developing the final full approval are available
for inspection during normal business hours at the following location:
EPA Region VII, 726 Minnesota Avenue, Kansas City, Kansas 66101.
FOR FURTHER INFORMATION CONTACT: Wayne A. Kaiser at (913) 551-7603.
SUPPLEMENTARY INFORMATION:
I. Background and Purpose
Title V of the 1990 Clean Air Act Amendments (sections 501-507 of
the Clean Air Act (``the Act'')), and implementing regulations at 40
Code of Federal Regulations (CFR) Part 70, require that states develop
and submit operating permits programs to EPA by November 15, 1993, and
that EPA act to approve or disapprove each program within one year
after receiving the submittal. The EPA's program review occurs pursuant
to section 502 of the Act and the Part 70 regulations, which together
outline criteria for approval or disapproval.
On July 3, 1995, EPA proposed full approval of the operating
permits program for Kansas (60 FR 34493). No public comments were
received. In this notice, EPA is taking final action to promulgate full
approval of the operating permits program for the state of Kansas,
including delegation of 112(l) authority.
II. Final Action and Implications
A. Fulfillment of EPA Requested Modifications
The July 3, 1995, Federal Register notice proposing approval of the
Kansas program discussed three areas of the Kansas program which
required additional action prior to qualifying for full approval. The
state needed to: (1) modify certain regulations to ensure that they
were consistent with Part 70, (2) submit an Implementation Agreement
(I.A.) which describes certain provisions for state implementation of
the Part 70 program, and (3) submit an insignificant activities list.
The July 3, 1995, Federal Register notice and the Technical Support
Document for the notice describe in detail the changes in the program
required for full approval. The reader should refer to those documents
for a complete description of the changes required by Kansas.
The state of Kansas has satisfied the requirements for full program
approval as described in the notice proposing approval. The required
revisions were made to rules K.A.R. 28-19-7, K.A.R. 28-19-511, K.A.R.
28-19-512, and K.A.R. 28-19-518. The rule revisions were adopted by the
Secretary of the Kansas Department of Health and Environment (KDHE) on
November 14, 1995, and were effective December 8, 1995. The state also
submitted an I.A. which satisfactorily addresses the deficiencies
described in the notice which were to be addressed in the I.A. The
state also submitted an adequate insignificant activities list.
The I.A. includes a commitment that the permitting agency will not
exercise its authority under state law to grant a variance from the
duty to comply with a federally enforceable Part 70 permit, except
where such relief is granted through procedures allowed by Part 70.
Therefore, the state variance provision is not part of the Kansas Title
V program.
B. Final Action
The EPA is promulgating full approval of the operating permits
program submitted to EPA by the state of Kansas on December 12, 1994,
with supplemental submissions on April 7 and 17, 1995; November 14,
1995; and December 13, 1995. Among other things, the state of Kansas
has demonstrated its program meets the minimum elements of a state
operating permits program as specified in 40 CFR Part 70.
1. Regulations. This approval includes the following regulations
adopted by the KDHE as they relate to the Kansas Class I operating
permit program: K.A.R. 28-19-7, General provisions, definitions; K.A.R.
28-19-202, Annual emissions fee; K.A.R. 28-19-204, General provisions,
permit issuance and modification, public participation; K.A.R. 28-19-
400 through -404, General permits; K.A.R. 28-19-500 through -502,
Operating permits; and K.A.R. 28-19-510 through -518, Class I operating
permits.
2. Jurisdiction. The scope of the Part 70 program approved in this
notice applies to all Part 70 sources (as defined in the approved
program), within the state of Kansas, except any sources of air
pollution over which an Indian Tribe has jurisdiction. See 59 FR 55813,
55815-18 (November 9, 1994). The term ``Indian Tribe'' is defined under
the Act as ``any Indian Tribe, Band, Nation, or other organized group
or community, including any Alaska Native village, which is Federally
recognized as eligible for the special programs and services provided
by the United States to Indians, because of their status as Indians.''
See section 302(r) of the CAA;
[[Page 2939]]
59 FR 43956, 43962 (August 25, 1994); 58 FR 54364 (October 21, 1993).
3. CAA section 112(l). Requirements for approval, specified in 40
CFR 70.4(b), encompass section 112(l)(5) requirements for approval of a
program for delegation of section 112 standards as promulgated by EPA
as they apply to Part 70 sources. Section 112(l)(5) requires that the
state's program contain adequate authorities, adequate resources for
implementation, and an expeditious compliance schedule, which are also
requirements under Part 70. Therefore, the EPA is also approving under
section 112(l)(5) and 40 CFR 63.91 the state's program for receiving
delegation of section 112 standards for both Part 70 and non-Part 70
sources that are unchanged from Federal standards as promulgated.
4. CAA section 112(g). The EPA issued an interpretive notice on
February 14, 1995 (60 FR 8333), which outlines EPA's revised
interpretation of 112(g) applicability. The notice postpones the
effective date of 112(g) until after EPA has promulgated a rule
addressing that provision. The notice sets forth in detail the
rationale for the revised interpretation.
The section 112(g) interpretive notice explains that EPA is still
considering whether the effective date of section 112(g) should be
delayed beyond the date of promulgation of the Federal rule so as to
allow states time to adopt rules implementing the Federal rule, and
that EPA will provide for any such additional delay in the final
section 112(g) rulemaking. Unless and until EPA provides for such an
additional postponement of section 112(g), Kansas must have a Federally
enforceable mechanism for implementing section 112(g) during the period
between promulgation of the Federal section 112(g) rule and adoption of
implementing Federal regulations.
The EPA is aware that Kansas lacks a program designed specifically
to implement section 112(g). However, Kansas does have a
preconstruction review program that can serve as an adequate
implementation vehicle during the transition period, because it would
allow Kansas to select control measures that would meet Maximum
Available Control Technology, as defined in section 112, and
incorporate these measures into a Federally enforceable preconstruction
permit.
EPA is approving Kansas' preconstruction permitting program under
the authority of Title V and Part 70, solely for the purpose of
implementing section 112(g) to the extent necessary, during the
transition period between 112(g) promulgation and adoption of a state
rule implementing EPA's section 112(g) regulations. Although section
112(l) generally provides authority for approval of state air programs
to implement section 112(g), Title V and section 112(g) provide for
this limited approval because of the direct linkage between the
implementation of section 112(g) and Title V.
The scope of this approval is narrowly limited to section 112(g),
and does not confer or imply approval for purposes of any other
provision under the Act (e.g., section 110). This approval will be
without effect, if EPA decides in the final section 112(g) rule that
sources are not subject to the requirements of the rule until state
regulations are adopted. The duration of this approval is limited to 18
months following promulgation by EPA of the 112(g) rule to provide
adequate time for the state to adopt regulations consistent with the
Federal requirements.
III. Administrative Requirements
A. Docket
Copies of the state submittal and other information relied upon for
the final full approval are contained in a docket maintained at the EPA
Regional Office. The docket is an organized and complete file of all
the information submitted to, or otherwise considered by, EPA in the
development of this final full approval. The docket is available for
public inspection at the location listed under the ADDRESSES section of
this document.
B. Executive Order 12866
The Office of Management and Budget has exempted this action from
Executive Order 12866 review.
C. Regulatory Flexibility Act
The EPA's actions under section 502 of the Act do not create any
new requirements, but simply address operating permits programs
submitted to satisfy the requirements of 40 CFR Part 70. Because this
action does not impose any new requirements, it does not have a
significant impact on a substantial number of small entities.
D. Unfunded Mandates
Under sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector, or to
state, local, or tribal governments in the aggregate.
Through submission of these operating permit programs, the state of
Kansas has elected to adopt the program provided for under Title V of
the CAA. These rules bind the state to perform certain actions and also
require the private sector to perform certain duties.
To the extent that the rules being proposed for approval by this
action will impose new requirements, sources are already subject to
these regulations under state law. EPA has determined that this
proposed action does not include a mandate that may result in estimated
costs of $100 million or more to state, local, or tribal governments in
the aggregate or to the private sector.
List of Subjects in 40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operating permits,
Reporting record keeping requirements.
Dated: December 18, 1995.
Dennis Grams,
Regional Administrator.
Part 70, title 40 of the Code of Federal Regulations is amended as
follows:
PART 70--[AMENDED]
1. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401--7671q.
2. Appendix A to part 70 is amended by adding the entry for Kansas
to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Kansas
(a) The Kansas Department of Health and Environment program
submitted on December 12, 1994; April 7 and 17, 1995; November 14,
1995; and December 13, 1995. Full approval effective on February 29,
1996.
(b) [Reserved.]
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[FR Doc. 96-1722 Filed 1-29-96; 8:45 am]
BILLING CODE 6560-50-P
