[Federal Register Volume 66, Number 239 (Wednesday, December 12, 2001)]
[Rules and Regulations]
[Pages 64148-64151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30579]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[KS 0140-1140a; FRL-7116-3]


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 taking final action to approve the Kansas rule, 
``Control of Volatile Organic Compound Emissions (VOC) from Commercial 
Bakery Ovens

[[Page 64149]]

in Johnson and Wyandotte Counties,'' as a revision to the Kansas State 
Implementation Plan (SIP). This rule restricts VOC emissions from large 
commercial bakery operations in the Kansas City area. The effect of 
this approval is to ensure Federal enforceability of the state air 
program rules and to maintain consistency between the state-adopted 
rules and the approved SIP.
    In addition, EPA is making corrections to the Kansas table of SIP 
approved rules.

DATES: This direct final rule will be effective February 11, 2002 
unless EPA receives adverse comments by January 11, 2002. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final rule in the Federal Register informing the public that the 
rule will not take effect.

ADDRESSES: Comments may be mailed to Lynn M. Slugantz, Environmental 
Protection Agency, Air Planning and Development Branch, 901 North 5th 
Street, Kansas City, Kansas 66101.
    Copies of documents relative to this action are available for 
public inspection during normal business hours at the above-listed 
Region 7 location. The interested persons wanting to examine these 
documents should make an appointment with the office at least 24 hours 
in advance.

FOR FURTHER INFORMATION CONTACT: Lynn M. Slugantz at (913) 551-7883.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This section provides 
additional information by addressing the following questions:

    What is a SIP?
    What is the Federal Approval Process for a SIP?
    What Does Federal Approval of a State Regulation Mean to Me?
    What is Being Addressed in This Action?
    Have the Requirements for Approval of a SIP Revision Been Met?
    What Action is EPA Taking?

What Is a SIP?

    Section 110 of the Clean Air Act (CAA) requires states to develop 
air pollution regulations and control strategies to ensure that state 
air quality meets the national ambient air quality standards 
established by EPA. These ambient standards are established under 
section 109 of the CAA, and they currently address six criteria 
pollutants. These pollutants are: Carbon monoxide, nitrogen dioxide, 
ozone, lead, particulate matter, and sulfur dioxide.
    Each state must submit these regulations and control strategies to 
us for approval and incorporation into the Federally-enforceable SIP.
    Each Federally-approved SIP protects air quality primarily by 
addressing air pollution at its point of origin. These SIPs can be 
extensive, containing state regulations or other enforceable documents 
and supporting information such as emission inventories, monitoring 
networks, and modeling demonstrations.

What Is the Federal Approval Process for a SIP?

    In order for state regulations to be incorporated into the 
Federally-enforceable SIP, states must formally adopt the regulations 
and control strategies consistent with state and Federal requirements. 
This process generally includes a public notice, public hearing, public 
comment period, and a formal adoption by a state-authorized rulemaking 
body.
    Once a state rule, regulation, or control strategy is adopted, the 
state submits it to us for inclusion into the SIP. We must provide 
public notice and seek additional public comment regarding the proposed 
Federal action on the state submission. If adverse comments are 
received, they must be addressed prior to any final Federal action by 
us.
    All state regulations and supporting information approved by EPA 
under section 110 of the CAA are incorporated into the Federally-
approved SIP. Records of such SIP actions are maintained in the Code of 
Federal Regulations (CFR) at Title 40, part 52, entitled ``Approval and 
Promulgation of Implementation Plans.'' The actual state regulations 
which are approved are not reproduced in their entirety in the CFR 
outright but are ``incorporated by reference,'' which means that we 
have approved a given state regulation with a specific effective date.

What Does Federal Approval of a State Regulation Mean To Me?

    Enforcement of the state regulation before and after it is 
incorporated into the Federally-approved SIP is primarily a state 
responsibility. However, after the regulation is Federally approved, we 
are authorized to take enforcement action against violators. Citizens 
are also offered legal recourse to address violations as described in 
section 304 of the CAA.

What Is Being Addressed in This Document?

A. Kansas Bakery Rule

    The Kansas Department of Health and Environment (KDHE) has adopted 
K.A.R. 28-19-717 to control emission of VOCs from commercial bakery 
ovens, located within the Kansas portion of the Kansas City 
Metropolitan Ozone Area (KCMA), specifically Johnson and Wyandotte 
Counties, that have the potential-to-emit greater than 100 tons of 
VOCs. KDHE, in a continuing effort to maintain good air quality and to 
strengthen its SIP, has adopted these control regulations for existing 
major sources not currently limited by regulations. This rule is 
projected to reduce emissions of VOCs from affected existing bakery 
facilities in the Kansas portion of the KCMA by 90 tons per year, based 
on information provided by the existing source affected by this 
regulation. The new regulation was adopted by the Kansas Secretary of 
Health and Environment on November 27, 2000, and became effective 
December 22, 2000. Today, EPA is taking final action to approve rule 
K.A.R. 28-19-717, ``Control of Volatile Organic Compound Emissions 
(VOC) from Commercial Bakery Ovens in Johnson and Wyandotte Counties'', 
as an amendment to the Kansas SIP.

B. Corrections to a Prior Federal Register Notice

    On January 11, 2000 (65 FR 1545), EPA published a direct final rule 
approving a variety of revisions to the Kansas SIP. In the narrative 
portion of that rulemaking, we explained the need to remove K.A.R. 28-
19-52 because it had been revoked by the State. The opacity-related 
regulations previously set forth at K.A.R. 28-19-52 are now found at 
K.A.R. 28-19-650. However, at the end of the notice where EPA listed 
the amendments to 40 CFR 52.870(c), the EPA-approved Kansas 
regulations, EPA inadvertently failed to list the removal of ``K.A.R. 
28-19-52''. Also, in that same rulemaking, EPA published an incorrect 
State effective date for K.A.R. 28-19-650. The correct State effective 
date for K.A.R. 28-19-650 is January 29, 1999. We are making these 
corrections in this document.

Have the Requirements for Approval of a SIP Revision Been Met?

    The state submittal has met the public notice requirements for SIP 
submissions in accordance with 40 CFR 51.102. The submittal also 
satisfied the completeness criteria of 40 CFR part 51, appendix V. In 
addition, as explained above and in more detail in the technical 
support document which is part of this document, the revision meets the 
substantive SIP requirements of the CAA, including section 110 and 
implementing regulations.

[[Page 64150]]

What Action Is EPA Taking?

    We are processing this action as a final action because the 
revisions make routine changes to the existing rules which are 
noncontroversial. Therefore, we do not anticipate any adverse comments. 
Please note that if EPA receives adverse comment on part of this rule 
and if that part can be severed from the remainder of the rule, EPA may 
adopt as final those parts of the rule that are not the subject of an 
adverse comment.

Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does 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 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the CAA. 
This rule also is not subject to Executive Order 13045, ``Protection of 
Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. In this 
context, in the absence of a prior existing requirement for the State 
to use voluntary consensus standards (VCS), EPA has no authority to 
disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the CAA. Thus, the requirements of section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(15 U.S.C. 272 note) do not apply. This rule does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. section 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 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. 
section 804(2).
    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 February 11, 2002. 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 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 28, 2001.
William Rice,
Acting Regional Administrator, Region 7.

    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 the entry ``K.A.R. 28-19-52'' and the heading ``Opacity 
Restrictions'';
    b. Revising the entry for ``K.A.R. 28-19-650'' under the heading 
``Open Burning Restrictions''.
    c. Adding in numerical order an entry for ``K.A.R. 28-19-717'' with 
a new table heading, ``Volatile Organic Compound Emissions.''
    The revisions and addition read as follows:


Sec. 52.870  Identification of Plan

* * * * *
    (c) * * *

[[Page 64151]]



                                         EPA-Approved Kansas Regulations
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                                                            State effective
        Kansas citation                   Title                  date         EPA approval date      Comments
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       *                  *                   *                   *                  *                   *
                                                         *
                                            Open Burning Restrictions
 
        *                  *                   *                  *                  *                  *
                                                         *
K.A.R. 28-19-650 Emissions       1/29/99................  1/11/00, 65 FR      New rule.
 Opacity Limits.                                           1548.               Replaces K.A.R.
                                                                               28-19-50 and 28-
                                                                               19-52.
 
       *                  *                   *                   *                  *                   *
                                                          *
                                       Volatile Organic Compound Emissions
 
K.A.R. 28-19-717...............  Control of Volatile      12/22/00..........  12/12/01
                                  Organic Compound
                                  Emissions (VOC) from
                                  Commercial Bakery
                                  Ovens in Johnson and
                                  Wyandotte Counties.
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[FR Doc. 01-30579 Filed 12-11-01; 8:45 am]
BILLING CODE 6560-50-P