
[Federal Register Volume 84, Number 39 (Wednesday, February 27, 2019)]
[Rules and Regulations]
[Pages 6338-6339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03356]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[EPA-R07-OAR-2018-0828; FRL 9989-43-Region 7]


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

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 Operating Permits Program (OPP) for 
the State of Kansas. This final action will amend the Kansas rules to 
reorganize, clarify, and update the Class I emission fee, application 
fee, and emissions inventory regulations and ensure that Kansas's OPP 
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 March 29, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R07-OAR-2018-0828. 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., 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.

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 
Bredehoft.Deborah@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to EPA.

Table of Contents

I. Background
II. Have the requirements for approval of a part 70 revision been 
met?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. Background

    On December 19, 2018 (83 FR 65115), EPA published a notice of 
proposed rulemaking (NPR) for the State of Kansas. In the NPR, EPA 
proposed approval of revisions to the Kansas OPP. The revisions were 
submitted by the State of Kansas 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. A detailed discussion 
of Kansas's OPP submission and EPA's rationale for approving the OPP 
submission were provided in the NPR and the associated Technical 
Support Document in the docket for this rulemaking and will not be 
restated here. No comments were received regarding the NPR.

II. Have the requirements for approval of a part 70 revision been met?

    The state provided a public comment period for this OPP 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.

III. What action is EPA taking?

    The EPA is taking final action to approve revisions to the Kansas 
OPP 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.

IV. Statutory and Executive Order Reviews

    This final 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 final 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).
    In addition, this 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).
    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

[[Page 6339]]

report containing this action 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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by April 29, 2019. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not 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 in 40 CFR Part 70

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

    Dated: February 22, 2019.
James Gulliford,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA amends 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 paragraph (g) under Kansas to 
read as follows:

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

* * * * *

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 April 29, 2019.
* * * * *
[FR Doc. 2019-03356 Filed 2-26-19; 8:45 am]
 BILLING CODE 6560-50-P


