[Federal Register Volume 83, Number 243 (Wednesday, December 19, 2018)]
[Proposed Rules]
[Pages 65115-65116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27457]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[EPA-R07-OAR-2018-0828; FRL-9988-09-Region 7]


Approval of Operating Permits Program; Kansas; Reporting Emission 
Data, Emission Fees and Process Information

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Operating Permits Program for the State of 
Kansas submitted on January 22, 2018. The revised Kansas rules 
reorganize, clarify, and update the Class I emission fee, application 
fee, and emissions inventory regulations and ensure that Kansas's 
Operating Permits Program is adequately funded. Approval of these 
revisions ensures consistency between the State and federally-approved 
rules and does not impact air quality.

DATES: Comments must be received on or before January 18, 2019.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2018-0828 to https://www.regulations.gov. Follow the online 
instructions for submitting comments.
    Instructions: All submissions received must include the Docket ID 
No. for this rulemaking. Comments received will be posted without 
change to https://www.regulations.gov/, including any personal 
information provided. For detailed instructions on sending comments and 
additional information on the rulemaking process, see the ``Written 
Comments'' heading of the SUPPLEMENTARY INFORMATION section of this 
document.

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.

Table of Contents

I. Written Comments
II. Background
III. What is being addressed in this document?
IV. Have the requirements for approval of a Part 70 revision been 
met?
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews

I. Written Comments

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2018-
0828, at https://www.regulations.gov. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The 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. The 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://www.epa.gov/dockets/commenting-epa-dockets.

II. Background

    EPA granted full approval of the Kansas Operating Permit Program 
effective February 29, 1996. See 61 FR 2938. Under title 40 Code of 
Federal Regulations (CFR) 70.9(a) and (b), an approved state's title V 
operating permits program must require that the owners or operators of 
part 70 sources pay annual fees, or the equivalent over some other 
period, that are sufficient to cover the permit program costs and 
ensure that any fee required under 40 CFR 70.9 is used solely for 
permit program costs. The fee schedule must result in the collection 
and retention of revenues sufficient to cover the permit program 
implementation and oversight costs.
    Kansas Statutes Annotated (KSA) 65-3024 establishes the Air Quality 
Fee Fund and authorizes the Secretary of the Kansas Department of 
Health and Environment (KDHE) to fix, charge and collect annual 
emissions fees in amounts necessary to administer the Kansas Air 
Quality Act. The Secretary also has the authority to periodically 
increase or decrease such fees, as needed.
    Kansas has determined that it has experienced shortfalls in its 
title V annual emission fee revenues in recent years, due to emission 
reductions at major facilities. It has determined that fee adjustments 
are needed to offset the effect of declining revenues and to maintain 
the Kansas Air Quality program overall. The proposed increases in fees 
will aid in offsetting the effect of declining revenue and in 
maintaining the title V fee schedule and the Kansas Air Quality program 
overall. Projections of program needs for fiscal year 2019 and beyond 
indicate that resources adequate for effective implementation of the 
program will not be available without the proposed amendments. The 
amendments are needed to update the Class I Operating Permit fee 
schedule to bring in sufficient revenue to adequately administer the 
Kansas Air Quality Act, specifically to adequately administer the Class 
I Operating Permit program. Thus, Kansas has submitted this program 
revision for review and action by the EPA.

[[Page 65116]]

III. What is being addressed in this document?

    The EPA is proposing to approve revisions to the Operating Permits 
Program for the State of Kansas submitted to the EPA on January 22, 
2018. Revisions to the program include revoking Kansas Administrative 
Regulation (K.A.R.) 28-19-202; adding new language to K.A.R. 28-19-517 
which parallels language in the revoked K.A.R. 28-19-202; increasing 
the annual emission fee from $37 dollars per ton to $53 dollars per 
ton; increasing all application fees in K.A.R. 28-19-516; establishing 
a baseline emission fee; and adding additional clarifications to the 
Program to address fees, refunds, electronic submittal, and who is 
required to submit an annual emissions inventory.

IV. Have the requirements for approval of a Part 70 revision been met?

    The state provided a public comment period for this Operating 
Permits Program revision from September 7, 2017, to November 15, 2017, 
and received comments. In response to the comments, Kansas revised the 
rule prior to submitting to the EPA. The revisions are consistent with 
applicable EPA requirements in title V of the CAA and 40 CFR part 70.

V. What action is EPA taking?

    The EPA is proposing to approve revisions to the Kansas Operating 
Program by approving the State's request to revoke K.A.R. 28-19-202, 
Annual emissions fees; and to amend K.A.R. 28-19-516, Class I operating 
permits, application fees; and K.A.R. 28-19-517, Class I operating 
permits, annual emissions inventory and fees. Approval of these 
revisions will ensure consistency between the state and federally-
approved rules. EPA has determined that these changes will not 
adversely impact air emissions. Additional information on the the EPA's 
analysis can be found in the Technical Support Document (TSD) included 
in this docket.
    We are processing this as a proposed action because we are 
soliciting comments. Final rulemaking will occur after consideration of 
any comments.

VI. Statutory and Executive Order Reviews

    This proposed 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 proposed action:
     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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because Title V approvals are exempted under 
Executive Order 12866.
     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 the National Technology 
Transfer and Advancement Act (NTTA) because this rulemaking does not 
involve technical standards; 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).
    This proposed approval of the revision to Kansas's Title V 
Operating Permit Program 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).

List of Subjects in 40 CFR Part 70

    Administrative practice and procedure, Air pollution control, 
Intergovernmental relations, Operating permits, Reporting and 
recordkeeping requirements.

    Dated: December 14, 2018.
James Gulliford,
Regional Administrator, Region 7.
    For the reasons stated in the preamble, EPA proposes to amend 40 
CFR part 70 as set forth below:

PART 70--STATE OPERATING PERMIT PROGRAMS

0
1. The authority citation for part 70 continues to read as follows:

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

0
2. Amend appendix A to part 70 by adding new paragraph (g) under Kansas 
to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating 
Permits Programs

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Kansas

* * * * *
    (g) The Kansas Department of Health and Environment submitted 
revisions to Kansas rules K.A.R. 28-19-202, K.A.R. 28-19-516, and 
K.A.R. 28-19-517, on January 22, 2018. The state effective date is 
January 5, 2018. This revision is effective [date 60 days after date 
of publication of the final rule in the Federal Register].
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[FR Doc. 2018-27457 Filed 12-18-18; 8:45 am]
 BILLING CODE 6560-50-P