[Federal Register Volume 78, Number 34 (Wednesday, February 20, 2013)]
[Rules and Regulations]
[Pages 11751-11754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03749]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2012-0293; FRL-9781-5]


Approval and Promulgation of Implementation Plans; State of 
Kansas; Idle Reduction of Heavy-Duty Diesel Vehicles and Reduction of 
Nitrogen Oxides (NOX) Emissions for the Kansas City Ozone 
Maintenance Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the 
Kansas State Implementation Plan (SIP) submitted by the State of Kansas 
on July 27, 2010. The revision includes two new rules which implement 
restrictions on the idling of heavy duty diesel vehicles and reduce 
nitrogen oxide (NOX) emissions at stationary sources in the 
Kansas portion of the Kansas City Maintenance Area for ozone. EPA is 
approving this revision because the standards and requirements set by 
the rules will strengthen the Kansas SIP. EPA's approval of this SIP 
revision is being done in accordance with the requirements of the Clean 
Air Act (CAA).

DATES: This direct final rule will be effective April 22, 2013, without 
further notice, unless EPA receives adverse comment by March 22, 2013. 
If EPA receives adverse comment, we 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: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2012-0293, by one of the following methods:
    1. http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Mail or hand delivery: Lachala Kemp, Environmental Protection 
Agency, Air Planning and Development Branch, 11201 Renner Boulevard, 
Lenexa, Kansas 66219.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2012-0293. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit through http://www.regulations.gov or email information that you consider to be CBI or 
otherwise protected. The http://www.regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to EPA without 
going through http://www.regulations.gov, your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.

[[Page 11752]]

    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy 
form. Publicly available docket materials are available either 
electronically in http://www.regulations.gov or in hard copy at the 
Environmental Protection Agency, Air Planning and Development Branch, 
11201 Renner Boulevard, Lenexa, Kansas 66219. The Regional Office's 
official hours of business are Monday through Friday, 8:00 to 4:30 
excluding Federal holidays. 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: Lachala Kemp at (913) 551-7214 or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' refer to EPA.

Table of Contents

I. What is the background for today's action?
II. What revisions is EPA approving?
III. Why is EPA approving Kansas's SIP revision?
IV. Have the requirements for approval of a SIP revision been met?
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews

I. What is the background for today's action?

    The Kansas City Eight-Hour Ozone Maintenance Plan, which was 
approved by EPA and became effective on October 9, 2007, contains 
contingency measures that are triggered upon a violation of the 1997 8-
hour ozone national ambient air quality standard. These contingency 
measures include a heavy-duty diesel idle reduction regulation and a 
NOX emissions reduction regulation for Johnson and Wyandotte 
counties. A violation of the 1997 8-hour ozone standard occurred 
thereafter, thus triggering the adoption of these rules.

II. What revisions is EPA approving?

    On July 27, 2010, Kansas submitted to EPA for approval into the 
Kansas SIP two new rules for the Kansas portion of the Kansas City 
Ozone Maintenance Area: Kansas Administrative Regulation (K.A.R.) 28-
19-712 and K.A.R. 28-19-713. These rules became effective in Kansas on 
June 25, 2010. The idle reduction rule at K.A.R. 28-19-712 limits the 
amount of time a heavy duty diesel vehicle in Johnson and Wyandotte 
Counties in Kansas will be permitted to idle while parked or while 
waiting to load or unload. It also places responsibilities on freight 
load or unload locations to limit the idling of heavy duty diesel 
vehicles or commercial vehicles while at their location.
    Per K.A.R. 28-19-712a, this rule applies to owners or operators of 
commercial, public or institutional heavy duty diesel vehicles (those 
having a gross vehicle weight rating (GVWR) of greater than 14,001 
pounds) that are designed primarily to transport persons or property on 
public streets and highways.
    K.A.R. 28-19-712b sets a time limit of five minutes idling time 
(i.e., when a vehicle's engine is operating but not in gear) in any 
sixty minute period, with some exceptions noted in K.A.R. 28-19-712c 
and 28-19-712d, as described below. In addition, the regulations 
restrict idling of heavy-duty diesel vehicles that are also commercial 
vehicles to thirty minutes in any sixty minute period at load or unload 
locations. K.A.R. 28-19-712c.
    The regulation specifies exemptions to the idling limit for certain 
vehicle types and situations. These exemptions are listed in K.A.R. 28-
19-712d and include: road traffic conditions; operating equipment for 
safety or emergency uses; police, fire, ambulance, public safety and 
other law enforcement vehicles; service and repair needs; state or 
Federal equipment inspections; mechanical work; armored vehicles; bus 
idling for passenger comfort (no greater than fifteen minutes in any 
sixty minute period); vehicles idling for purposes of using sleeper 
berth compartments; mechanical difficulties; agricultural operations in 
which the vehicle is only incidentally operated or moved upon public 
roads; and vehicles using auxiliary equipment powered by the engine.
    Kansas intends to use financial incentives, compliance assistance 
and public education as the primary tools to implement the heavy-duty 
diesel idling rule. It intends to reprioritize its existing contractual 
agreements with the locally affected governmental agencies to emphasize 
the need for public outreach, education and compliance assistance to 
facilitate this implementation. Furthermore, in appropriate cases, 
Kansas has statutory authority under K.S.A. 65-3018 to seek penalties. 
Based on this, EPA has determined that this rule meets the applicable 
criteria for enforceability of SIP requirements.
    The NOX emissions reduction rule at K.A.R. 28-17-713 
will apply to owners and operators of stationary sources located in 
Johnson and Wyandotte counties that emit NOX in an amount 
equal to or greater than 1,000 tons per year for the entire facility, 
based on the average of total emissions for the 2005, 2006 and 2007 
calendar years (the three-year period in which the violation of the 
ozone standard was recorded). No owner or operator of an emission unit 
subject to the rules may allow or permit NOX to be emitted 
in excess of specified emission limits. The Kansas regulations further 
require owners and operators to install, operate, and maintain such 
equipment as necessary to achieve the emission limits and to 
demonstrate compliance using a certified continuous emission monitoring 
system (CEMS).
    Three facilities are affected by this rule. Two of these are the 
Kansas City Board of Public Utilities (BPU) power generating facilities 
located in Wyandotte County--the Nearman Creek Power Station and the 
Quindaro Power Station. The other affected facility is AGC Flat Glass 
North America located in southern Johnson County.

III. Why is EPA approving Kansas's SIP revision?

    These rules will result in reduced emissions of pollutants that 
contribute to ozone and fine particulate matter concentrations. The 
pollutants reduced by these regulations are volatile organic compounds, 
nitrogen oxides, carbon monoxide, and fine particulate matter, although 
the amount of reductions is not quantified. The approval of this rule 
will strengthen the Kansas SIP and assist the state in meeting and 
maintaining compliance with air quality standards, including the 
standard for ground level ozone.
    Kansas's idling rule is generally consistent with EPA's ``Model 
State Idling Law'' (EPA420-S-06-001, April 2006). This model rule was 
developed with input from the states and industry to address idling 
issues in a consistent and understandable manner from state to state, 
to aid in compliance.

IV. 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, the revision meets the substantive SIP requirements of the 
CAA, including section 110 and implementing regulations.

V. What action is EPA taking?

    EPA is taking final action to approve the request to amend the 
Kansas SIP to include Kansas rules K.A.R. 28-19-712

[[Page 11753]]

(Idle Reduction of Heavy Duty Diesel Vehicles) and K.A.R. 28-19-713 
(Reduction of Nitrogen Oxides (NOX) Emissions for the Kansas 
portion of the Kansas City Ozone Maintenance Area).
    These rules were adopted by Kansas in response to a violation of 
the 8-hour ozone standard in Kansas City, based on 2005 through 2007 
monitoring data, under the statutory authority granted by Kansas 
Statutes Annotated (K.S.A.) 65-3001 through 65-3028. The regulations 
were effective in Kansas on June 25, 2010.
    We are processing this action as a direct 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 comments 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.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    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 action 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 22, 2013. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. 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, 
Incorporation by reference, Intergovernmental relations, Motor 
carriers, Motor vehicles, Motor vehicle pollution, Nitrogen oxides, 
Ozone, Particulate matter, Reporting and recordkeeping requirements, 
Transportation, Volatile organic compounds.

    Dated: February 6, 2013.
Karl Brooks,
Regional Administrator, Region 7.
    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et. seq.

Subpart R--Kansas

0
2. In Sec.  52.870 the table in paragraph (c) is amended by adding new 
entries in alpha-numeric order for K.A.R. 28-19-712 and 28-19-713 under 
a new subheading entitled ``Nitrogen Oxide Emissions'' to read as 
follows:


Sec.  52.870  Identification of plan.

* * * * *
    (c) * * *

                                         EPA-Approved Kansas Regulations
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                                                                State
          Kansas citation                   Title          effective date    EPA approval date      Explanation
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                                   Kansas Department of Health and Environment
                             Ambient Air Quality Standards and Air Pollution Control
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[[Page 11754]]

 
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                                            Nitrogen Oxide Emissions
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K.A.R. 28-19-712..................  Definitions..........        06/25/10  02-20-13 [insert       ..............
                                                                            Federal Register
                                                                            page number where
                                                                            the document begins].
K.A.R. 28-19-712a.................  Applicability........        06/25/10  02-20-13 [insert
                                                                            Federal Register
                                                                            page number where
                                                                            the document begins].
                                                                           02-20-13 [insert       ..............
                                                                            Federal Register
                                                                            page number where
                                                                            the document
                                                                            begins].
K.A.R. 28-19-712b.................  General requirement          06/25/10  02-20-13 [insert       ..............
                                     for heavy-duty                         Federal Register
                                     diesel vehicles.                       page number where
                                                                            the document begins].
K.A.R. 28-19-712c.................  General requirement          06/25/10  02-20-13 [insert       ..............
                                     for load and unload                    Federal Register
                                     locations.                             page number where
                                                                            the document begins].
K.A.R. 28-19-712d.................  Exemptions...........        06/25/10  02-20-13 [insert       ..............
                                                                            Federal Register
                                                                            page number where
                                                                            the document begins].
K.A.R. 28-19-713..................  Applicability........        06/25/10  02-20-13 [insert       ..............
                                                                            Federal Register
                                                                            page number where
                                                                            the document begins].
K.A.R. 28-19-713a.................  Emission limitation          06/25/10  02-20-13 [insert       ..............
                                     requirements.                          Federal Register
                                                                            page number where
                                                                            the document begins].
K.A.R. 28-19-713b.................  Alternate emissions          06/25/10  02-20-13 [insert       ..............
                                     limit.                                 Federal Register
                                                                            page number where
                                                                            the document begins].
K.A.R. 28-19-713c.................  Control measures and         06/25/10  02-20-13 [insert       ..............
                                     equipment.                             Federal Register
                                                                            page number where
                                                                            the document begins].
K.A.R. 28-19-713d.................  Compliance                   06/25/10  02-20-13 [insert       ..............
                                     demonstration,                         Federal Register
                                     monitoring, and                        page number where
                                     reporting                              the document begins].
                                     requirements.
 
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[FR Doc. 2013-03749 Filed 2-19-13; 8:45 am]
BILLING CODE 6560-50-P