[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