[Federal Register Volume 90, Number 80 (Monday, April 28, 2025)]
[Rules and Regulations]
[Pages 17554-17556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-07261]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[EPA-R07-OAR-2023-0462; FRL-11395-02-R7]
Air Plan Approval; Kansas; Annual Emission Inventory and Fees
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the State Implementation Plan (SIP) and
Operating Permits Program and the 112(l) plan submitted by the State of
Kansas on February 20, 2023. The revised Kansas rules update the Class
I emission fee and emissions inventory regulations, establish a Class
II fee schedule 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: This final rule is effective on May 28, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R07-OAR-2023-0462. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, i.e.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through https://www.regulations.gov or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional information.
[[Page 17555]]
FOR FURTHER INFORMATION CONTACT: William Stone, Environmental
Protection Agency, Region 7 Office, Air Permitting and Planning Branch,
11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913)
551-7714; email address: stone.william@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA.
Table of Contents
I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. The EPA's Response to Comments
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. What is being addressed in this document?
The EPA is amending the Kansas SIP and the Operating Permits
Program to include revisions received on February 20, 2023. The
revisions restructure and update the Kansas Class I Operating Permit
Program fee schedule for calendar year 2025 and beyond to bring in
adequate revenue to support the Class I Operating Permit Program and
establish a fee schedule for the Class II Federally Enforceable State
Operating Permit (FESOP) Program. The EPA finds that these revisions
meet the requirements of the Clean Air Act (CAA), do not impact the
stringency of the SIP, and do not adversely impact air quality. The
full text of these changes can be found in the State's submission,
which is included in the docket for this action.
On November 26, 2024, Kansas requested that the EPA exclude the
term ``electronically'' from two places in the February 20, 2023,
submittal because KDHE's State and Local Emissions Inventory System
(SLEIS) is not currently approved by the EPA to meet the Cross-Media
Electronic Reporting Rule (CROMERR) at 40 CFR part 3.
II. 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. The
State provided public notice on this SIP revision from August 25, 2022,
to November 3, 2022, and received four comments. Kansas did not revise
the rule based on public comment prior to submitting to the EPA, as
noted in the State submission included in the docket for this action.
In addition, as explained above the revision meets the substantive SIP
requirements of the CAA, including section 110 and implementing
regulations.
III. The EPA's Response to Comments
The public comment period on the EPA's proposed rule opened January
15, 2025, the date of its publication in the Federal Register and
closed on February 14, 2025. During this period, the EPA received one
comment that was supportive of our proposed approval.
IV. What action is the EPA taking?
We are amending the Kansas SIP and Operating Permit Program by
approving the State's request to revise three regulations:
K.A.R. 28-19-517. Class I operating permits; annual emission
inventory and fees;
K.A.R. 28-19-546. Class II operating permits; annual emission
inventory and fees; and
K.A.R. 28-19-564. Class II operating permits; permits-by-rule;
sources with actual emissions less than 50 percent of major source
thresholds.
V. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is finalizing the incorporation by reference of
K.A.R. 28-19-546 and K.A.R. 28-19-564 as discussed in section I. of
this preamble and as set forth below in the amendments to 40 CFR part
52. The EPA has made, and will continue to make, these materials
generally available through https://www.regulations.gov and 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 the EPA for
inclusion in the SIP, have been incorporated by reference by the 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 the
EPA's approval, and will be incorporated by reference in the next
update to the SIP compilation.\1\
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\1\ 62 FR 27968, May 22, 1997.
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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 CAA 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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
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.
In addition, 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).
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. 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 June 27, 2025. Filing a petition for
reconsideration by the Administrator of this final rule does not
[[Page 17556]]
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
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.
40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operating permits,
Reporting and recordkeeping requirements.
Dated: April 9, 2025.
James Macy,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA amends 40 CFR parts
52 and 70 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. 28-19-546'' and ``K.A.R. 28-19-564'' 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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Class II Operating Permits
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K.A.R. 28-19-546............ Definitions Class 12/23/2022 4/28/2025, 90 FR
II operating [insert Federal
permits; annual Register page
emission. where the document
inventory.......... begins].
* * * * * * *
K.A.R. 28-19-564............ Permit-by-Rule; 12/23/2022 4/28/2025, 90 FR
Sources with [insert Federal
Actual Emissions Register page
Less Than 50 where the document
Percent of Major begins].
Source Thresholds.
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* * * * *
PART 70--STATE OPERATING PERMIT PROGRAMS
0
3. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
4. Appendix A to part 70 is amended by adding paragraph (h) under
``Kansas'' to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Kansas
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(h) The Kansas Department of Health and Environment submitted
revisions to Kansas rules K.A.R. 28-19-517, on February 20, 2023.
The State effective date is December 23, 2022. This revision is
effective May 28, 2025.
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[FR Doc. 2025-07261 Filed 4-25-25; 8:45 am]
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