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 


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Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Proposed Rules 65117 

section of this issue of the Federal 

Register. 

FOR FURTHER INFORMATION CONTACT: 

Moye Lin at (303) 312–6667, lin.moye@

epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

‘‘Rules and Regulations’’ section of this 

issue of the Federal Register, the EPA 

is authorizing changes to the North 

Dakota program as a direct final rule. 

The EPA did not make a proposal prior 

to the direct final rule because we 

believe this action is not controversial 

and do not expect comments that 

oppose it. We have explained the 

reasons for this authorization in the 

preamble to the direct final rule. 

Unless the EPA receives written 

comments that raise concerns with the 

authorization during the comment 

period, the direct final rule will become 

effective on March 15, 2019, and we 

will not take further action on this 

proposal. If we get comments that raise 

concerns with the authorization, we will 

withdraw the direct final rule and it will 

not take immediate effect. We will then 

respond to public comments in a later 

final rule based on this proposal. You 

may not have another opportunity for 

comment. If you want to comment on 

this action, you must do so at this time. 

Dated: December 13, 2018. 

Douglas Benevento, 

Regional Administrator, Region 8. 

[FR Doc. 2018–27423 Filed 12–18–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 281 

[EPA–R08–UST–2018–0728; FRL–9986–99— 

Region 8] 

North Dakota: Authorization of State 

Underground Storage Tank Program 

Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Pursuant to the Resource 

Conservation and Recovery Act (RCRA 

or Act), the Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the State of North Dakota’s 

Underground Storage Tank (UST) 

program submitted by the State. This 

action is based on the EPA’s 

determination that the State’s revisions 

satisfy all requirements for UST 

program approval. The State’s federallyauthorized UST program, as revised 

pursuant to this action, will remain 

subject to the EPA’s inspection and 

enforcement authorities under sections 

9005 and 9006 of RCRA subtitle I and 

other applicable statutory and 

regulatory provisions. All revisions to 

the State of North Dakota’s UST 

program would be federally approved as 

of the effective date of this action. 

DATES: Send written comments by 

January 18, 2019. 

ADDRESSES: Submit your comments by 

one of the following methods: 

1. Federal eRulemaking Portal: http:// 

www/regulations.gov. Follow the online 

instructions for submitting comments. 

2. Email: bents.benjamin@epa.gov. 

3. Mail: Benjamin Bents, Project 

Officer, UST, Solid Waste and PCB Unit, 

Resource Conservation and Recovery 

Program, Office of Partnerships and 

Regulatory Assistance (8P–R), EPA 

Region 8, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. 

4. Hand delivery or courier: Deliver 

your comments to Benjamin Bents, 

Region 8, Project Officer, UST, Solid 

Waste and PCB Unit, Resource 

Conservation and Recovery Program, 

Office of Partnerships and Regulatory 

Assistance (8P–R), EPA Region 8, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129. 

Instructions: Direct your comments to 

Docket ID No. EPA–R08–UST–2018– 

0728. The EPA’s policy us that all 

comments received will be included in 

the public docket without change and 

may be available online at http://

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 information that you 

consider to be CBI or otherwise 

protected through http://

www.regulations.gov, or email. The 

federal http://www.regulations.gov 

website is an ‘‘anonymous access’’ 

system, which means the 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 the EPA 

without going through http://

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, the 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 the EPA 

cannot read your comment due to 

technical difficulties, and cannot 

contact you for clarification, the 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. 

You can view and copy the 

documents that form the basis for this 

action and associated publicly available 

materials from 8:30 a.m. to 4:00 p.m., 

Monday through Friday at the following 

location: EPA Region 8, 1595 Wynkoop 

Street, Denver, Colorado 80202–1129, 

phone number (303) 312–6435. 

Interested persons wanting to examine 

these documents should make an 

appointment with the office at least 2 

days in advance. 

FOR FURTHER INFORMATION CONTACT: 

Benjamin Bents, Project Officer, UST, 

Solid Waste and PCB Unit, Resource 

Conservation and Recovery Program, 

Office of Partnerships and Regulatory 

Assistance (8P–R), EPA Region 8, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129, phone number (303) 312– 

6435, email address: Bents.Benjamin@

epa.gov. 

SUPPLEMENTARY INFORMATION: The State 

of North Dakota adopted state Senate 

Bill No. 2327 (S.L. 2017, ch. 199, § 75) 

which separated the Environmental 

Health Section from the North Dakota 

Department of Health (NDDOH) to 

create a stand-alone North Dakota 

Department of Environmental Quality 

(NDDEQ). Per S.L. 2017, ch. 199, 

Section 75, the transfer of authority, 

power, and duties related to 

environmental quality from NDDOH to 

NDDEQ will become effective upon the 

North Dakota Legislative Council’s 

receipt of the certification by the Chief 

of the Environmental Health Section of 

the State Department of Health attesting 

that all necessary federal approvals have 

been obtained and all necessary federal 

and other agreements have been 

amended to ensure the State will 

continue to meet the authorization 

requirements it currently satisfies after 

the transfer of authority, powers, and 

duties from the NDDOH to the NDDEQ. 

This rule constitutes the EPA approval 

of the transfer of all duties and 

responsibilities of the State relating to 

the existing federal UST program in 

North Dakota from the NDDOH to the 

NDDEQ. 

The State plans to rely on the date 

when the EPA signs the final rule for 

purposes of notifying the state 

legislature that the EPA has approved 

these revisions, which will provide for 

the transfer of authority to implement 

the federal UST program from the 

NDDOH to NDDEQ to be effective under 

state law. The EPA understands that the 

State intends to take the necessary 


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