[Federal Register Volume 67, Number 30 (Wednesday, February 13, 2002)]
[Rules and Regulations]
[Pages 6655-6658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3361]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[KS 0147-1147; FRL-7141-7]


Approval and Promulgation of Implementation Plans; State of 
Kansas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is announcing approval of a revision to the State 
Implementation Plan (SIP) for the control of the volatility of gasoline 
during the summertime in the Kansas portion of the Kansas City area. 
This action approves amendments to Kansas' control on the summertime 
Reid Vapor Pressure (RVP) of gasoline distributed in

[[Page 6656]]

Johnson and Wyandotte Counties. This revision changes the RVP limit 
from 7.2 pounds per square inch (psi) to 7.0 psi, and from 8.2 psi to 
8.0 psi for gasoline containing at least 9.0 percent by volume but not 
more than 10.0 percent by volume ethanol. This is a part of the State's 
plan to maintain clean air quality in Kansas City.

DATES: This rule is effective on March 15, 2002.

FOR FURTHER INFORMATION CONTACT: Leland Daniels at (913) 551-7651.

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 are the criteria for SIP approval?
What does Federal approval of a state regulation mean to me?
What is being addressed in this document?
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 limiting emissions and control strategies to 
ensure that state air quality meets the national ambient air quality 
standards (NAAQS) 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 Are the Criteria for SIP Approval?

    In order to be approved into a SIP, the submittal must meet the 
requirements of section 110. In determining the approvability of a SIP 
revision, EPA must evaluate the proposed revision for consistency with 
the requirements of the CAA and our regulations, as found in section 
110 and part D of Title I of the CAA amendments and 40 CFR Part 51 
(Requirements for Preparation, Adoption, and Submittal of 
Implementation Plans).
    The CAA has additional requirements for the approval of SIPs 
containing certain state fuel controls. Section 211(c)(4)(A) of the CAA 
prohibits states from prescribing or attempting to enforce regulations 
respecting fuel characteristics or components if EPA has adopted 
Federal controls under section 211(c)(1) applicable to such fuel 
characteristics or components, unless the state control is identical to 
the Federal control. Section 211(c)(4) includes two exceptions to this 
prohibition. First, under section 211(c)(4)(B), California is not 
subject to the preemption in section 211(c)(4)(A). Second, a State may 
prescribe or enforce such otherwise preempted fuel controls if the 
measure is approved into a SIP.
    Under section 211(c)(4)(C), we may approve such state fuel controls 
into a SIP, if the state demonstrates that the measure is necessary to 
achieve the NAAQS. Section 211(c)(4)(C) specifies that a state fuel 
requirement is ``necessary'' if no other measures would bring about 
timely attainment, or if other measures exist but are unreasonable or 
impracticable. As discussed in more detail below, the State rule 
approved today merely amends the State fuel control that has already 
been approved into the SIP and addresses emissions reductions 
shortfalls that EPA has already determined are required under the Act. 
Therefore, a new demonstration of necessity under section 211(c)(4)(C) 
is not required.

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?

Fuel Volatility

    RVP is a measure of a fuel's volatility and thereby affects the 
rate at which gasoline evaporates and emits volatile organic compounds 
(VOCs), an ozone forming pollutant. VOCs are an important component in 
the production of ground-level ozone in the hot summer months. RVP is 
directly proportional to the rate of evaporation. Consequently, the 
lower the RVP, the lower the rate of evaporation. Lowering the RVP in 
the summer months can offset the effect of summer temperature upon the 
volatility of gasoline, which, in turn, lowers emissions of VOCs. 
Reduction of the RVP will help the state's effort to maintain the NAAQS 
for ozone.

State Submittal

    On May 2, 2001, KDHE requested that we revise the SIP to reflect 
its amendments to the State RVP controls. The amendments further lower 
the fuel volatility standard from 7.2 psi to 7.0 psi (for certain 
ethanol blended fuels, the standard was lowered from 8.2 psi to 8.0 
psi). Included in the submittal was a letter from Secretary Clyde D. 
Graeber, KDHE, to William W. Rice, Acting EPA Region 7 Administrator, 
requesting authorization to implement a lower RVP requirement in the 
Kansas City area; new regulation K.A.R. 29-19-719; revoked regulation 
K.A.R. 28-19-79; and a technical support document demonstrating the 
need to lower the RVP standard for the area. The state held a public 
hearing on March 14,

[[Page 6657]]

2001; the rule was adopted on April 3, 2001; and the rule became 
effective on April 27, 2001.

Analysis of the SIP

    As mentioned above, section 211(c)(4) of the CAA prohibits states 
from adopting or attempting to enforce controls or prohibitions 
respecting certain fuel characteristics or components unless the SIP 
for the State so provides. The CAA specifies that we may approve such 
state fuel controls into a SIP only upon a finding that the control is 
``necessary'' to achieve a NAAQS as defined under section 211(c)(4)(C). 
Section 211(c)(4)(C) does not, however, address the ability of states 
to modify fuel control programs that have already been deemed necessary 
and approved into a SIP.
    Kansas is not seeking approval of a new control or prohibition 
respecting a fuel characteristic or component. Instead, Kansas is 
seeking approval of a change to the approved RVP control to adjust the 
level of the standard. Given the original 1997 determination that the 
State RVP control was necessary to respond to the violations of the 
NAAQS, the violation and the additional exceedances which occurred 
after the implementation of the 7.2 psi RVP control, and the fact that 
the necessary reductions called for in the State's maintenance plan 
have still not been achieved, we believe it is reasonable to approve 
the amendments to the RVP standard without a new demonstration of 
necessity under section 211(c)(4)(C). This action approves the State's 
amendments to its RVP standards and revises the SIP.

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 the technical support document 
which is part of this document, the revision meets the substantive SIP 
requirements of the CAA, including section 110 and part D of Title I 
and implementing regulations. Our proposed rulemaking, which included a 
detailed discussion of our rationale for proposing to approve the rule, 
was published November 19, 2001 (66 FR 57911) and no comments were 
received on the proposal.

What Action Is EPA Taking?

    We are approving this revision to the Kansas SIP concerning 
regulation K.A.R. 28-19-719 as it meets the requirements of the CAA. We 
are also rescinding regulation K.A.R. 28-19-79, which was revised and 
replaced by K.A.R. 28-19-719.

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 (Pub. L. 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. 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. 
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 April 15, 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 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.


[[Page 6658]]


    Dated: January 29, 2002.
James B. Gulliford,
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 under the 
heading for ``Volatile Organic Compound Emissions'' by:
    a. Removing the entry for K.A.R. 28-19-79.
    b. Adding an entry in numerical order for K.A.R. 28-19-719.
    The addition reads as follows:


Sec. 52.870  Identification of plan.

* * * * *
    (c) * * *

                                         EPA-Approved Kansas Regulations
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                                                        State effective
         Kansas citation                 Title               date          EPA approval date       Comments
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      Kansas Department of Health and Environment Ambient Air Quality Standards and Air Pollution Control
 
*                  *                  *                  *                  *                  *
                                                        *
                                      Volatile Organic Compound Emissions
 
*                  *                  *                  *                  *                  *
                                                        *
K.A.R. 28-19-719................  Fuel Volatility...  4/27/01...........  2/13/02 [insert FR
                                                                           cite]
 
*                  *                  *                  *                  *                  *
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[FR Doc. 02-3361 Filed 2-12-02; 8:45 am]
BILLING CODE 6560-50-P