[Federal Register Volume 79, Number 17 (Monday, January 27, 2014)]
[Rules and Regulations]
[Pages 4274-4276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-01185]



40 CFR Parts 52 and 70

[EPA-R07-OAR-2013-0765; FRL-9905-66-Region-7]

Approval and Promulgation of Implementation Plans; State of 
Kansas; Annual Emissions Fee and Annual Emissions Inventory

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.


SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a revision to the Kansas State Implementation 
Plan (SIP) and Operating Permits Program. EPA is approving a revision 
to the Kansas rule entitled ``Annual Emissions Fee.'' These revisions 
align the State's reporting requirements with the Federal Air Emissions 
Reporting Requirements Rule (AERR).

DATES: This direct final rule will be effective on March 28, 2014, 
without further notice, unless EPA receives adverse comment by February 
26, 2014. 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-2013-0765, by one of the following methods:
    1. 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-
2013-0765. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
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 www.regulations.gov or 
email information that you consider to be CBI or otherwise protected. 
The 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 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.
    Docket: All documents in the docket are listed in the 
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 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.

[[Page 4275]]

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. This section provides additional information by 
addressing the following:

I. What is being addressed in this document?
II. Have the requirements for approval of a SIP revision been met?
III. What action is EPA taking?

I. What is being addressed in this document?

    EPA is approving revisions to the Kansas SIP and Operating Permits 
Program submitted to EPA in a letter dated April 15, 2011. On December 
17, 2008, EPA finalized the Air Emissions Reporting Requirements Rule 
(AERR). This rule outlines EPA's emission inventory reporting 
requirements. In the December 17, 2008 action, EPA consolidated, 
reduced and simplified the current requirements; added limited new 
requirements; provided additional flexibility to the states in the ways 
they collect and report emissions data; and accelerated the reporting 
of emissions data to EPA by state and local agencies. Revisions to the 
SIP amend KAR 28-19-202 Annual Emissions Fee to align the State's 
reporting requirements with EPA's reporting requirements. Specifically, 
the State moved the Emissions Inventory Questionnaire (EIQ) due date 
from June 1 to April 1; removed the minimum thresholds for assessing 
emissions fees for class I stationary sources; and modified the State's 
late fee structure. The State increased the emissions fee in paragraph 
(c) from $25 per ton to $37 per ton. The Emissions Fees are an integral 
part of the Title V operating permit program, but not approved as part 
of the SIP. Kansas' amendments ensure that their reporting requirements 
align with EPA's AERR. EPA has conducted an analysis of the State's 
amendments and concluded that these do not adversely affect the 
stringency of the SIP.

II. Have the requirements for approval of a SIP revision been met?

    The state submission has met the public notice requirements of SIP 
submissions in accordance with 40 CFR 51.102. The submission also 
satisfied the completeness criteria of 40 CFR part appendix V. In 
addition, the revisions meet the substantive SIP requirements of the 
CAA, including section 110 and implementing regulations.

III. What action is EPA taking?

    EPA is approving the request to amend the Kansas SIP and operating 
permits program by approving the State's request to amend KAR 28-19-202 
Annual Emissions Fee to align the State's rule with EPA's reporting 
requirements. Approval of these revisions will ensure consistency 
between state and Federally-approved rules. EPA has determined that 
these changes will not relax the SIP or adversely impact air emissions.
    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 comment 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.

Statutory and Executive Order Reviews

    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 under Executive Orders 12866 and 13563 (76 FR 3821, 
January 21, 2011). 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). Thus Executive Order 13132 does not apply 
to this action. 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 approves a state rule implementing a 
Federal standard.
    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 state submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA when it reviews a state 
submission, to use VCS in place of a state 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 action does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Burden is defined at 5 
CFR 1320.3(b).
    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 March 28, 2014. 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 

[[Page 4276]]

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 final rulemaking. 
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

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

    Dated: January 8, 2014.
Karl Brooks,
Regional Administrator, Region 7.
    Chapter I, title 40 of the Code of Federal Regulations is amended 
as follows:


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 by adding new 
entry K.A.R. 28-19-202 in numerical order under subheading ``General 
Provisions'' to read as follows:

Sec.  52.870  Identification of plan.

* * * * *
    (c) * * *

                                         EPA-Approved Kansas Regulations
         Kansas  citation                  Title          effective     EPA approval date        Explanation
       Kansas Department of Health and Environment Ambient Air Quality Standards and Air Pollution Control
                                                  * * * * * * *
                                               General Provisions
                                                  * * * * * * *
K.A.R. 28-19-202.................  Annual Emissions Fee    11/5/2010  1/27/2014 [insert     Paragraph (c), has
                                                                       Federal Register      not been approved
                                                                       page number where     as part of the SIP.
                                                                       the document
                                                  * * * * * * *

* * * * *


3. The authority citation for Part 70 continues to read as follows:

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

4. Appendix A to Part 70 is amended by adding paragraph (f) under 
Kansas to read as follows:

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

* * * * *


* * * * *
    (f) The Kansas Department of Health and Environment submitted 
revisions to Kansas Administrative Record (KAR) 28-19-202 and 28-19-
517 on April 15, 2011; approval of section (c) effective March 28, 
* * * * *
[FR Doc. 2014-01185 Filed 1-24-14; 8:45 am]