[Federal Register Volume 82, Number 182 (Thursday, September 21, 2017)]
[Rules and Regulations]
[Pages 44103-44105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20073]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2017-0512; FRL-9967-97-Region 7]


Approval of Kansas Air Quality State Implementation Plans; 
Construction Permits and Approvals Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: Environmental Protection Agency (EPA) is taking direct final 
action to approve revisions to the Kansas State Implementation Plan 
(SIP) and the 112(l) program. The submission revises Kansas' 
construction permit rules. Specifically, these revisions implement the 
revised National Ambient Air Quality Standard (NAAQS) for fine 
particulate matter; clarify and refine applicable criteria for sources 
subject to the construction permitting program; update the construction 
permitting program fee structure and schedule; and make minor revisions 
and corrections. Approval of these revisions will not impact air 
quality, ensures consistency between the State and Federally-approved 
rules, and ensures Federal enforceability of the State's rules.

DATES: This direct final rule will be effective November 20, 2017, 
without further notice, unless EPA receives adverse comment by October 
23, 2017. 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-2017-0512, to https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Deborah Bredehoft, Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219 at (913) 551-7164, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to EPA. This section provides additional information by 
addressing the following:

I. What is being addressed in this document?
II. What part 52 revision is EPA approving?
III. What 112(l) revision is EPA approving?

[[Page 44104]]

IV. Have the requirements for approval of a SIP revision been met?
V. What action is EPA taking?
VI. Incorporation by reference
VII. Statutory and Executive Order reviews

I. What is being addressed in this document?

    EPA is taking direct final action to approve revisions to the 
Kansas SIP and 112(l) program submission received on December 5, 2016. 
The SIP submission requests revisions to K.A.R. 28-19-300 that include: 
Implementing revisions to include fine particulate matter 
(PM2.5) to implement the prevention of significant 
deterioration permitting component of section 110(a)(2)(C) for the 1997 
and 2006 PM2.5 NAAQS, pursuant to EPA's NSR PM2.5 
Implementation Rule (2008 NSR Rule), (73 FR 28321, May 16, 2008); 
clarifying and refining applicability criteria for sources subject to 
construction permitting program by proposing the following: (1) 
Eliminating the requirements for all Title IV Acid Rain sources to 
obtain construction permits that would not have otherwise been 
required; (2) clarifing the construction review requirements for 
sources emitting hazardous air pollutants, or sources subject to 
standards promulgated by the USEPA; (3) eliminating the requirement for 
sources to obtain an approval solely due to being subject to standards 
promulgated by the EPA without regard to emissions for insignificant 
activities; and making minor revisions and corrections. The SIP 
submission also requests revisions to K.A.R. 28-19-304 that include: 
(1) Updating the construction permitting program fee structure from an 
estimated capital cost mechanism to one based on complexity of source 
and permit type and (2) updating the fee schedule to bring in 
sufficient revenue to adequately administer the Kansas Air Quality Act. 
The SIP submission also makes minor revisions and corrections.

II. What part 52 revision is EPA approving?

    EPA is approving requested revisions to the Kansas SIP relating to 
the following:
     Construction Permits and Approvals. Kansas Administrative 
Regulations 28-19-300. Applicability; and
     Construction Permits and Approvals. Kansas Administrative 
Regulations 28-19-304. Fees.
    EPA has conducted analysis on the state's revisions and has found 
that the revisions would not impact air quality, ensures consistency 
between the state and Federally-approved rules, and ensures Federal 
enforceability of the State's rules. Additional information on the 
EPA's analysis can be found in the Technical Support Document (TSD) 
included in this docket.

III. What 112(l) revision is EPA approving?

    EPA is also taking direct final action to approve a portion of 
K.A.R. 28-19-300 under the 112(l) program pursuant to 40 CFR part 63, 
subpart E, as requested by the State of Kansas on April 19, 2017. The 
State of Kansas is requesting that the applicable portions of K.A.R. 
28-19-300 pertaining to limiting the potential-to-emit hazardous air 
pollutants (HAPs) be approved under CAA 112(l) and 40 CFR part 63, 
subpart E, in addition to being approved under the SIP.\1\ 
Specifically, K.A.R. 28-19-300(a)(2) and (3) as well as K.A.R. 28-19-
300(b)(4) through (6) are also approved under CAA section 112(l) 
because they require permits or approvals for hazardous air pollutants 
that may limit the potential-to-emit hazardous air pollutants by 
establishing permit conditions that are Federally-enforceable.
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    \1\ State Implementation Plan provisions approved under section 
110 of the Clean Air Act are for criteria pollutants. Sections 
related to hazardous air pollutants are approved under section 112 
of the Clean Air Act.
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IV. Have the requirements for approval of a SIP revision been met?

    The state submission has met the public notice requirements for SIP 
submissions in accordance with 40 CFR 51.102. The submission 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 docket, the revision meets the 
substantive SIP requirements of the CAA, including section 110 and and 
implementing regulations.

V. What action is EPA taking?

    EPA is taking direct final action to amend the Kansas SIP and 
112(l) program by approving the State's request to amend K.A.R. 28-19-
300 Construction Permits and Approvals--Applicability and to amend the 
Kansas SIP by approving K.A.R. 28-19-304 Construction Permits and 
Approvals--Fees. Approval of these revisions will ensure consistency 
between state and Federally-approved rules. The EPA has determined that 
these changes will not adversely impact air quality.
    We are publishing this direct final rule without a prior proposed 
rule because we view this as a noncontroversial action and anticipate 
no adverse comment. However, in the ``Proposed Rules'' section of this 
Federal Register, we are publishing a separate document that will serve 
as the proposed rule to approve the SIP and 112(l) program revision, if 
adverse comments are received on this direct final rule. We will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time. For further 
information about commenting on this rule, see the ADDRESSES section of 
this document. If EPA receives adverse comment, we will publish a 
timely withdrawal in the Federal Register informing the public that 
this direct final rule will not take effect. We will address all public 
comments in any subsequent final rule based on the proposed rule.

VI. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the Kansas 
Regulations described in the direct final amendments to 40 CFR part 52 
set forth below. EPA has made, and will continue to make, these 
materials generally available through www.regulations.gov and/or at the 
EPA Region 7 Office (please contact the person identified in the For 
Further Information Contact section of this preamble for more 
information).
    Therefore, these materials have been approved by EPA for inclusion 
in the State implementation plan, have been incorporated by reference 
by EPA into that plan, are fully Federally enforceable under sections 
110 and 113 of the CAA as of the effective date of the final rulemaking 
of EPA's approval, and will be incorporated by reference by the 
Director of the Federal Register in the next update to the SIP 
compilation.\2\
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    \2\ 62 FR 27968 (May 22, 1997).
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VII. 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:

[[Page 44105]]

     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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 CAA; 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).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications and will not impose substantial direct 
costs on tribal governments or preempt tribal law as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 November 20, 2017. Filing a petition for 
reconsideration by the Administrator of this direct 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. 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, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: September 8, 2017.
Cathy Stepp,
Acting Regional Administrator, Region 7.
    For the reasons stated in the preamble, EPA amends 40 CFR part 52 
as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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 revising 
the entries ``K.A.R. 28-19-300'' and ``K.A.R. 28-19-304'' to read as 
follows:


Sec.  52.870  Identification of plan.

* * * * *
    (c) * * *

                                         EPA-Approved Kansas Regulations
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                                                  State effective    EPA approval
       Kansas citation               Title             date              date                Explanation
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                                   Kansas Department of Health and Environment
                             Ambient Air Quality Standards and Air Pollution Control
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                                                  * * * * * * *
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                                       Construction Permits and Approvals
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K.A.R. 28-19-300.............  Applicability...  11/18/16........  9/21/17, [insert  ...........................
                                                                    Federal
                                                                    Register
                                                                    citation].
 
                                                  * * * * * * *
K.A.R. 28-19-304.............  Fees............  11/18/16........  9/21/17, [insert  ...........................
                                                                    Federal
                                                                    Register
                                                                    citation].
 
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[FR Doc. 2017-20073 Filed 9-20-17; 8:45 am]
 BILLING CODE 6560-50-P