Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Proposed Rules 65115 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me, the Federal 

Aviation Administration proposes to 

amend 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.11C, 

Airspace Designations and Reporting 

Points, dated August 13, 2018, and 

effective September 15, 2018, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ASW LA E5 Coushatta, LA [New] 

The Red River Airport, LA 

(Lat. 31°59′25′′ N, long. 093°18′40′′ W) 

That airspace extending upward from 700 

feet above the surface within a 6.5-mile 

radius of The Red River Airport. 

Issued in Fort Worth, Texas, on December 

12, 2018. 

John Witucki, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2018–27370 Filed 12–18–18; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 70 

[EPA–R07–OAR–2018–0828; FRL–9988–09– 

Region 7] 

Approval of Operating Permits 

Program; Kansas; Reporting Emission 

Data, Emission Fees and Process 

Information 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the Operating Permits 

Program for the State of Kansas 

submitted on January 22, 2018. The 

revised Kansas rules reorganize, clarify, 

and update the Class I emission fee, 

application fee, and emissions inventory 

regulations 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: Comments must be received on 

or before January 18, 2019. 

ADDRESSES: You may send comments, 

identified by Docket ID No. EPA–R07– 

OAR–2018–0828 to https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Instructions: All submissions received 

must include the Docket ID No. for this 

rulemaking. Comments received will be 

posted without change to https://

www.regulations.gov/, including any 

personal information provided. For 

detailed instructions on sending 

comments and additional information 

on the rulemaking process, see the 

‘‘Written Comments’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

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. Written Comments 

II. Background 

III. What is being addressed in this 

document? 

IV. Have the requirements for approval of a 

Part 70 revision been met? 

V. What action is EPA taking? 

VI. Statutory and Executive Order Reviews 

I. Written Comments 

Submit your comments, identified by 

Docket ID No. EPA–R07–OAR–2018– 

0828, at https://www.regulations.gov. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

II. Background 

EPA granted full approval of the 

Kansas Operating Permit Program 

effective February 29, 1996. See 61 FR 

2938. Under title 40 Code of Federal 

Regulations (CFR) 70.9(a) and (b), an 

approved state’s title V operating 

permits program must require that the 

owners or operators of part 70 sources 

pay annual fees, or the equivalent over 

some other period, that are sufficient to 

cover the permit program costs and 

ensure that any fee required under 40 

CFR 70.9 is used solely for permit 

program costs. The fee schedule must 

result in the collection and retention of 

revenues sufficient to cover the permit 

program implementation and oversight 

costs. 

Kansas Statutes Annotated (KSA) 65– 

3024 establishes the Air Quality Fee 

Fund and authorizes the Secretary of the 

Kansas Department of Health and 

Environment (KDHE) to fix, charge and 

collect annual emissions fees in 

amounts necessary to administer the 

Kansas Air Quality Act. The Secretary 

also has the authority to periodically 

increase or decrease such fees, as 

needed. 

Kansas has determined that it has 

experienced shortfalls in its title V 

annual emission fee revenues in recent 

years, due to emission reductions at 

major facilities. It has determined that 

fee adjustments are needed to offset the 

effect of declining revenues and to 

maintain the Kansas Air Quality 

program overall. The proposed increases 

in fees will aid in offsetting the effect of 

declining revenue and in maintaining 

the title V fee schedule and the Kansas 

Air Quality program overall. Projections 

of program needs for fiscal year 2019 

and beyond indicate that resources 

adequate for effective implementation of 

the program will not be available 

without the proposed amendments. The 

amendments are needed to update the 

Class I Operating Permit fee schedule to 

bring in sufficient revenue to adequately 

administer the Kansas Air Quality Act, 

specifically to adequately administer the 

Class I Operating Permit program. Thus, 

Kansas has submitted this program 

revision for review and action by the 

EPA. 


amozie on DSK3GDR082PROD with PROPOSALS1
65116 Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Proposed Rules 

III. What is being addressed in this 

document? 

The EPA is proposing to approve 

revisions to the Operating Permits 

Program for the State of Kansas 

submitted to the EPA 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. 

IV. Have the requirements for approval 

of a Part 70 revision been met? 

The state provided a public comment 

period for this Operating Permits 

Program 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. 

V. What action is EPA taking? 

The EPA is proposing to approve 

revisions to the Kansas Operating 

Program 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. 

Additional information on the the EPA’s 

analysis can be found in the Technical 

Support Document (TSD) included in 

this docket. 

We are processing this as a proposed 

action because we are soliciting 

comments. Final rulemaking will occur 

after consideration of any comments. 

VI. Statutory and Executive Order 

Reviews 

This proposed 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 proposed 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). 

This proposed 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). 

List of Subjects in 40 CFR Part 70 

Administrative practice and 

procedure, Air pollution control, 

Intergovernmental relations, Operating 

permits, Reporting and recordkeeping 

requirements. 

Dated: December 14, 2018. 

James Gulliford, 

Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, EPA proposes to amend 40 

CFR part 70 as set forth below: 

PART 70—STATE OPERATING PERMIT 

PROGRAMS 

■ 1. The authority citation for part 70 

continues to read as follows: 

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

■ 2. Amend appendix A to part 70 by 

adding new 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 [date 60 days after 

date of publication of the final rule in the 

Federal Register]. 

* * * * * 

[FR Doc. 2018–27457 Filed 12–18–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R08–RCRA–2018–0554; FRL–9987– 

31–Region 8] 

North Dakota: Authorization of State 

Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA is proposing to grant 

authorization to the State of North 

Dakota for the changes to its hazardous 

waste program under the Solid Waste 

Disposal Act, as amended, commonly 

referred to as the Resource Conservation 

and Recovery Act (RCRA). The EPA has 

determined that these changes satisfy all 

requirements needed to qualify for final 

authorization and is authorizing the 

state’s changes through a direct final 

action. 

DATES: Send written comments by 

January 18, 2019. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

RCRA–2018–0554 by mail to Moye Lin, 

Resource Conservation and Recovery 

Program, EPA Region 8, 1595 Wynkoop 

Street, Denver, Colorado 80202–1129. 

You may also submit comments 

electronically or through hand delivery/ 

courier by following the detailed 

instructions in the ADDRESSES section of 

the direct final rule located in the Rules 


amozie on DSK3GDR082PROD with PROPOSALS1