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Approval and Promulgation of Implementation Plans; State of Kansas
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Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: December 12, 2001 (Volume 66, Number 239)]
[Rules and Regulations]
[Page 64148-64151]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12de01-28]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[KS 0140-1140a; FRL-7116-3]
Approval and Promulgation of Implementation Plans; State of
Kansas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking final action to approve the Kansas rule,
``Control of Volatile Organic Compound Emissions (VOC) from Commercial
Bakery Ovens
[[Page 64149]]
in Johnson and Wyandotte Counties,'' as a revision to the Kansas State
Implementation Plan (SIP). This rule restricts VOC emissions from large
commercial bakery operations in the Kansas City area. The effect of
this approval is to ensure Federal enforceability of the state air
program rules and to maintain consistency between the state-adopted
rules and the approved SIP.
In addition, EPA is making corrections to the Kansas table of SIP
approved rules.
DATES: This direct final rule will be effective February 11, 2002
unless EPA receives adverse comments by January 11, 2002. If adverse
comments are received, EPA 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: Comments may be mailed to Lynn M. Slugantz, Environmental
Protection Agency, Air Planning and Development Branch, 901 North 5th
Street, Kansas City, Kansas 66101.
Copies of documents relative to this action are available for
public inspection during normal business hours at the above-listed
Region 7 location. 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: Lynn M. Slugantz at (913) 551-7883.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This section provides
additional information by addressing the following questions:
What is a SIP?
What is the Federal Approval Process for a SIP?
What Does Federal Approval of a State Regulation Mean to Me?
What is Being Addressed in This Action?
Have the Requirements for Approval of a SIP Revision Been Met?
What Action is EPA Taking?
What Is a SIP?
Section 110 of the Clean Air Act (CAA) requires states to develop
air pollution regulations and control strategies to ensure that state
air quality meets the national ambient air quality standards
established by EPA. These ambient standards are established under
section 109 of the CAA, and they currently address six criteria
pollutants. These pollutants are: Carbon monoxide, nitrogen dioxide,
ozone, lead, particulate matter, and sulfur dioxide.
Each state must submit these regulations and control strategies to
us for approval and incorporation into the Federally-enforceable SIP.
Each Federally-approved SIP protects air quality primarily by
addressing air pollution at its point of origin. These SIPs can be
extensive, containing state regulations or other enforceable documents
and supporting information such as emission inventories, monitoring
networks, and modeling demonstrations.
What Is the Federal Approval Process for a SIP?
In order for state regulations to be incorporated into the
Federally-enforceable SIP, states must formally adopt the regulations
and control strategies consistent with state and Federal requirements.
This process generally includes a public notice, public hearing, public
comment period, and a formal adoption by a state-authorized rulemaking
body.
Once a state rule, regulation, or control strategy is adopted, the
state submits it to us for inclusion into the SIP. We must provide
public notice and seek additional public comment regarding the proposed
Federal action on the state submission. If adverse comments are
received, they must be addressed prior to any final Federal action by
us.
All state regulations and supporting information approved by EPA
under section 110 of the CAA are incorporated into the Federally-
approved SIP. Records of such SIP actions are maintained in the Code of
Federal Regulations (CFR) at Title 40, part 52, entitled ``Approval and
Promulgation of Implementation Plans.'' The actual state regulations
which are approved are not reproduced in their entirety in the CFR
outright but are ``incorporated by reference,'' which means that we
have approved a given state regulation with a specific effective date.
What Does Federal Approval of a State Regulation Mean To Me?
Enforcement of the state regulation before and after it is
incorporated into the Federally-approved SIP is primarily a state
responsibility. However, after the regulation is Federally approved, we
are authorized to take enforcement action against violators. Citizens
are also offered legal recourse to address violations as described in
section 304 of the CAA.
What Is Being Addressed in This Document?
A. Kansas Bakery Rule
The Kansas Department of Health and Environment (KDHE) has adopted
K.A.R. 28-19-717 to control emission of VOCs from commercial bakery
ovens, located within the Kansas portion of the Kansas City
Metropolitan Ozone Area (KCMA), specifically Johnson and Wyandotte
Counties, that have the potential-to-emit greater than 100 tons of
VOCs. KDHE, in a continuing effort to maintain good air quality and to
strengthen its SIP, has adopted these control regulations for existing
major sources not currently limited by regulations. This rule is
projected to reduce emissions of VOCs from affected existing bakery
facilities in the Kansas portion of the KCMA by 90 tons per year, based
on information provided by the existing source affected by this
regulation. The new regulation was adopted by the Kansas Secretary of
Health and Environment on November 27, 2000, and became effective
December 22, 2000. Today, EPA is taking final action to approve rule
K.A.R. 28-19-717, ``Control of Volatile Organic Compound Emissions
(VOC) from Commercial Bakery Ovens in Johnson and Wyandotte Counties'',
as an amendment to the Kansas SIP.
B. Corrections to a Prior Federal Register Notice
On January 11, 2000 (65 FR 1545), EPA published a direct final rule
approving a variety of revisions to the Kansas SIP. In the narrative
portion of that rulemaking, we explained the need to remove K.A.R. 28-
19-52 because it had been revoked by the State. The opacity-related
regulations previously set forth at K.A.R. 28-19-52 are now found at
K.A.R. 28-19-650. However, at the end of the notice where EPA listed
the amendments to 40 CFR 52.870(c), the EPA-approved Kansas
regulations, EPA inadvertently failed to list the removal of ``K.A.R.
28-19-52''. Also, in that same rulemaking, EPA published an incorrect
State effective date for K.A.R. 28-19-650. The correct State effective
date for K.A.R. 28-19-650 is January 29, 1999. We are making these
corrections in this document.
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, as explained above and in more detail in the technical
support document which is part of this document, the revision meets the
substantive SIP requirements of the CAA, including section 110 and
implementing regulations.
[[Page 64150]]
What Action Is EPA Taking?
We are processing this action as a 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.
Administrative Requirements
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 by the Office of Management and Budget. For this
reason, 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 (Public Law 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). 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 is not economically significant.
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 SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP 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 rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. section 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.
section 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 February 11, 2002. 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
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,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides.
Dated: November 28, 2001.
William Rice,
Acting Regional Administrator, Region 7.
Chapter I, title 40 of the Code of Federal Regulations is amended
as follows:
PART 52--[AMENDED]
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:
a. Removing the entry ``K.A.R. 28-19-52'' and the heading ``Opacity
Restrictions'';
b. Revising the entry for ``K.A.R. 28-19-650'' under the heading
``Open Burning Restrictions''.
c. Adding in numerical order an entry for ``K.A.R. 28-19-717'' with
a new table heading, ``Volatile Organic Compound Emissions.''
The revisions and addition read as follows:
Sec. 52.870 Identification of Plan
* * * * *
(c) * * *
[[Page 64151]]
EPA-Approved Kansas Regulations
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State effective
Kansas citation Title date EPA approval date Comments
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* * * * * *
*
Open Burning Restrictions
* * * * * *
*
K.A.R. 28-19-650 Emissions 1/29/99................ 1/11/00, 65 FR New rule.
Opacity Limits. 1548. Replaces K.A.R.
28-19-50 and 28-
19-52.
* * * * * *
*
Volatile Organic Compound Emissions
K.A.R. 28-19-717............... Control of Volatile 12/22/00.......... 12/12/01
Organic Compound
Emissions (VOC) from
Commercial Bakery
Ovens in Johnson and
Wyandotte Counties.
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* * * * *
[FR Doc. 01-30579 Filed 12-11-01; 8:45 am]
BILLING CODE 6560-50-P