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8845
Federal Register
/Vol. 68, No. 38/Wednesday, February 26, 2003/Rules and Regulations
[FR Doc. 03
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4520 Filed 2
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25
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03; 8:45 am]
BILLING CODE 6560
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50
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P
ENVIRONMENTAL PROTECTIONAGENCY40 CFR Part 52
[KS 173
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1173a; FRL
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7455
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9]
Approval and Promulgation ofImplementation Plans; State of Kansas
AGENCY
:
Environmental ProtectionAgency (EPA).
ACTION
:
Direct final rule.
SUMMARY
:
EPA is taking final action toapprove a State Implementation Plan(SIP) revision submitted by the state of Kansas. This revision is a newregulation entitled
‘‘
Prevention of Significant Deterioration of Air Quality
’’
 (PSD) and will replace the existing statePSD regulation. This rule was lastadopted as a state rule in 1990;therefore, this revision adopts byreference Federal PSD regulations, as ineffect on July 1, 2000. The effect of thisapproval is to ensure Federalenforceability of the state air programrules and to maintain consistency between the state-adopted rules and theapproved SIP.
DATES
:
This direct final rule will beeffective April 28, 2003, unless EPAreceives adverse comments by March28, 2003. If adverse comments arereceived, EPA will publish a timelywithdrawal of the direct final rule in the
Federal Register
informing the publicthat the rule will not take effect.
ADDRESSES
:
Comments may be mailed toHeather Hamilton, EnvironmentalProtection Agency, Air Planning andDevelopment Branch, 901 North 5thStreet, Kansas City, Kansas 66101.Copies of documents relative to thisaction are available for publicinspection during normal businesshours at the above-listed Region 7location. The interested personswanting to examine these documentsshould make an appointment with theoffice at least 24 hours in advance.
FOR FURTHER INFORMATION CONTACT
:
 Heather Hamilton at (913) 551
–
7039.
SUPPLEMENTARY INFORMATION
:
 Throughout this document whenever
‘‘
we,
’’
 
‘‘
us,
’’
or
‘‘
our
’’
is used, we meanEPA. This section provides additionalinformation by addressing the followingquestions:
What is a SIP?What is the Federal approval process for aSIP?What does Federal approval of a stateregulation mean to me?What is being addressed in this document?Have the requirements for approval of a SIPrevision been met?What action is EPA taking?
What Is a SIP?
Section 110 of the Clean Air Act(CAA) requires States to develop airpollution regulations and controlstrategies to ensure that State air qualitymeets the national ambient air qualitystandards established by EPA. Theseambient standards are established undersection 109 of the CAA, and theycurrently address six criteria pollutants.These pollutants are: carbon monoxide,nitrogen dioxide, ozone, lead,particulate matter, and sulfur dioxide.Each State must submit theseregulations and control strategies to usfor approval and incorporation into theFederally-enforceable SIP.Each Federally-approved SIP protectsair quality primarily by addressing airpollution at its point of origin. TheseSIPs can be extensive, containing stateregulations or other enforceabledocuments and supporting informationsuch as emission inventories,monitoring networks, and modelingdemonstrations.
What Is the Federal Approval Processfor a SIP?
In order for State regulations to beincorporated into the Federally-enforceable SIP, States must formallyadopt the regulations and controlstrategies consistent with State andFederal requirements. This processgenerally includes a public notice,public hearing, public comment period,and a formal adoption by a State-authorized rulemaking body.Once a State rule, regulation, orcontrol strategy is adopted, the Statesubmits it to us for inclusion into theSIP. We must provide public notice andseek additional public commentregarding the proposed Federal actionon the State submission. If adversecomments are received, they must beaddressed prior to any final Federalaction by us.All State regulations and supportinginformation approved by EPA undersection 110 of the CAA are incorporatedinto the Federally-approved SIP.Records of such SIP actions aremaintained in the Code of FederalRegulations (CFR) at title 40, part 52,entitled
‘‘
Approval and Promulgation of Implementation Plans.
’’
The actual Stateregulations which are approved are notreproduced in their entirety in the CFRoutright but are
‘‘
incorporated byreference,
’’
which means that we haveapproved a given State regulation witha specific effective date.
What Does Federal Approval of a StateRegulation Mean to Me?
Enforcement of the State regulation before and after it is incorporated intothe Federally-approved SIP is primarilya state responsibility. However, after theregulation is Federally approved, we areauthorized to take enforcement actionagainst violators. Citizens are alsooffered legal recourse to addressviolations as described in section 304 of the CAA.
What Is Being Addressed in ThisDocument?
This action approves the adoption of State rule K.A.R. 28
–
19
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350, Preventionof Significant Deterioration of AirQuality, and approves the recission of the existing rule sections K.A.R. 28
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19
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17a through 28
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19
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17q whichcomprised the prior body of Kansas
’
 Prevention of Significant Deteriorationof Air Quality regulations. K.A.R. 28
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19
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17 is being revised in order toprovide a cross-reference to the newregulations. This revision adopts byreference 40 CFR 52.21, as in effect on July 1, 2000, with the exceptions of 52.21(a); 52.21(f) through (h);52.21(m)(l)(v); 52.21(q); 52.21(s) through(u); and 52.21(w).The proposed changes to the StatePrevention of Significant Deterioration(PSD) program clarify that the followingFederal changes have been adopted bythe Kansas PSD Program: (1) Adoptionof the PM10 (particulate matter with anominal aerodynamic diameter of 10micrometers or less) increment; (2)adoption of provisions regardingcalculating actual emissions for electricutility steam generating units; (3)adoption of provisions relating to cleancoal technology; (4) adoption of provisions relating to pollution controlprojects at existing electric utility steamgenerating units; (5) adoption of thesignificance level for non-methaneorganic compounds at municipal solidwaste landfills; and (6) adoption of thesignificance levels for organics, metalsand acid gases from municipal wastecombustors. This action also allows theopportunity to renumber the PSD rulesto further the ongoing renumbering of the Kansas Air Quality Regulations.This regulation was adopted by theKansas Department of Health andEnvironment on October 30, 2002, and became effective on November 22, 2002.
Have the Requirements for Approval of a SIP Revision Been Met?
The state submittal has met the publicnotice requirements for SIP submissionsin accordance with 40 CFR 51.102. Thesubmittal also satisfied the
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8846
Federal Register
/Vol. 68, No. 38/Wednesday, February 26, 2003/Rules and Regulations
completeness criteria of 40 CFR part 51,appendix V. In addition, as explainedabove and in more detail in thetechnical support document which ispart of this document, the revisionmeets the substantive SIP requirementsof the CAA, including section 110 andimplementing regulations.
What Action Is EPA Taking?
EPA is approving as a revision to theKansas SIP rule K.A.R. 28
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19
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350,Prevention of Significant Deteriorationof Air Quality; the recission of existingK.A.R. 28
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19
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17a through 28
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19
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17qwhich comprised the prior body of Kansas
’
Prevention of SignificantDeterioration of Air Quality regulations,and the revision to K.A.R. 28
–
19
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17which provides a cross-reference to thenew regulations. These revisions wereadopted by the State on October 30,2002, and became effective onNovember 22, 2002. These revisionswere submitted on December 10, 2002.We are processing this action as afinal action because it addsnoncontroversial regulations to the SIP.We do not anticipate any adversecomments. Please note that if EPAreceives adverse comment on part of this rule and if that part can be severedfrom the remainder of the rule, EPA mayadopt as final those parts of the rule thatare not the subject of an adversecomment.
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR51735, October 4, 1993), this action isnot a
‘‘
significant regulatory action
’’
andtherefore is not subject to review by theOffice of Management and Budget. Forthis reason, this action is also notsubject to Executive Order 13211,
‘‘
Actions Concerning Regulations ThatSignificantly Affect Energy Supply,Distribution, or Use
’’
(66 FR 28355, May22, 2001). This action merely approvesState law as meeting Federalrequirements and imposes no additionalrequirements beyond those imposed byState law. Accordingly, theAdministrator certifies that this rulewill not have a significant economicimpact on a substantial number of smallentities under the Regulatory FlexibilityAct (5 U.S.C. 601
et seq.
). Because thisrule approves pre-existing requirementsunder State law and does not imposeany additional enforceable duty beyondthat required by State law, it does notcontain any unfunded mandate orsignificantly or uniquely affect smallgovernments, as described in theUnfunded Mandates Reform Act of 1995(Pub. L. 104
–
4).This rule also does not have tribalimplications because it will not have asubstantial direct effect on one or moreIndian tribes, on the relationship between the Federal government andIndian tribes, or on the distribution of power and responsibilities between theFederal government and Indian tribes,as specified by Executive Order 13175(65 FR 67249, November 9, 2000). Thisaction also does not have federalismimplications because it does not havesubstantial direct effects on the States,on the relationship between the nationalgovernment and the States, or on thedistribution of power andresponsibilities among the variouslevels of government, as specified inExecutive Order 13132 (64 FR 43255,August 10, 1999). This action merelyapproves a state rule implementing aFederal standard, and does not alter therelationship or the distribution of powerand responsibilities established in theCAA. This rule also is not subject toExecutive Order 13045,
‘‘
Protection of Children from Environmental HealthRisks and Safety Risks
’’
(62 FR 19885,April 23, 1997), because it is noteconomically significant.In reviewing SIP submissions, EPA
’
srole is to approve state choices,provided that they meet the criteria of the CAA. In this context, in the absenceof a prior existing requirement for theState to use voluntary consensusstandards (VCS), EPA has no authorityto disapprove a SIP submission forfailure to use VCS. It would thus beinconsistent with applicable law forEPA, when it reviews a SIP submission,to use VCS in place of a SIP submissionthat otherwise satisfies the provisions of the CAA. Thus, the requirements of section 12(d) of the NationalTechnology Transfer and AdvancementAct of 1995 (15 U.S.C. 272 note) do notapply. This rule does not impose aninformation collection burden under theprovisions of the Paperwork ReductionAct of 1995 (44 U.S.C. 3501
et seq.
).The Congressional Review Act, 5U.S.C. 801
et seq.
, as added by the SmallBusiness Regulatory EnforcementFairness Act of 1996, generally providesthat before a rule may take effect, theagency promulgating the rule mustsubmit a rule report, which includes acopy of the rule, to each House of theCongress and to the Comptroller Generalof the United States. EPA will submit areport containing this rule and otherrequired information to the U.S. Senate,the U.S. House of Representatives, andthe Comptroller General of the UnitedStates prior to publication of the rule inthe
Federal Register.
A major rulecannot take effect until 60 days after itis published in the
Federal Register.
 This action is not a
‘‘
major rule
’’
asdefined by 5 U.S.C. 804(2).Under section 307(b)(1) of the CAA,petitions for judicial review of thisaction must be filed in the United StatesCourt of Appeals for the appropriatecircuit by April 28, 2003. Filing apetition for reconsideration by theAdministrator of this final rule does notaffect the finality of this rule for thepurposes of judicial review nor does itextend the time within which a petitionfor judicial review may be filed, andshall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings toenforce its requirements. (
See
section307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Airpollution control, Carbon monoxide,Incorporation by reference,Intergovernmental relations, Lead,Nitrogen dioxide, Ozone, Particulatematter, Reporting and recordkeepingrequirements, Sulfur oxides, Volatileorganic compounds.
Dated: February 20, 2003.
James B. Gulliford,
Regional Administrator, Region 7.
Chapter I, title 40 of the Code of Federal Regulations is amended asfollows:
PART 52
 —
[AMENDED]
1. The authority citation for part 52continues to read as follows:
Authority:
42 U.S.C. 7401
et seq.
Subpart R
 —
Kansas
2. In
§
52.870 the table in paragraph(c) is amended:a. Under the heading for
‘‘
AttainmentArea Requirements
’’
by revising K.A.R.28
–
19
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17; b. Under the heading for
‘‘
AttainmentArea Requirements
’’
by removing theentries for K.A.R. 28
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19
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17a throughK.A.R. 28
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19
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17q;c. Under the heading for
‘‘
Construction Permits and Approvals
’’
  by adding in numerical order an entryfor K.A.R. 28
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19
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350.The revision and addition read asfollows:
§
52.870Identification of plan.
* * * * *(c) ***
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