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###### Environmental Protection Agency

          - 40 CFR Part 52 
          - [EPA-R07-OAR-2007-0141; FRL-8286-2] 

# AGENCY:

Environmental Protection Agency (EPA). 

# ACTION:

Proposed rule. 

# SUMMARY:

EPA is proposing a revision to the Kansas State Implementation Plan (SIP) for the purpose of approving the Kansas Department of Health and Environment's (KDHE) actions to address the “good neighbor” provisions of the Clean Air Act Section 110(a)(2)(D)(i). These provisions require each state to submit a SIP that prohibits emissions that adversely affect another state's air quality through interstate transport. KDHE has adequately addressed the four distinct elements related to the impact of interstate transport of air pollutants. These include prohibiting significant contribution to downwind nonattainment of the National Ambient Air Quality Standards (NAAQS), interference with maintenance of the NAAQS, interference with plans in another state to prevent significant deterioration of air quality, and efforts of other states to protect visibility. The requirements for public notification were also met by KDHE. 

# DATES:

Comments on this proposed action must be received in writing by April 9, 2007. 

# ADDRESSES:

Submit your comments, identified by Docket ID No. EPA-R07-OAR-2007-0141 by one of the following methods: 

                        1.                         *http://www.regulations.gov*: Follow the on-line instructions for submitting comments.                     

                        2. E-mail:                         *jay.michael@epa.gov.*

3. Mail: Michael Jay, Environmental Protection Agency, Air Planning and Development Branch, 901 North 5th Street, Kansas City, Kansas 66101. 

4. Hand Delivery or Courier. Deliver your comments to Michael Jay, Environmental Protection Agency, Air Planning and Development Branch, 901 North 5th Street, Kansas City, Kansas 66101. Such deliveries are only accepted during the Regional Office's normal hours of operation. The Regional Office's official hours of business are Monday through Friday, 8 a.m. to 4:30 p.m., excluding legal holidays. 

                        Please see the direct final rule that is located in the Rules section of this                         **Federal Register**                         for detailed instructions on how to submit comments.                     

# FOR FURTHER INFORMATION CONTACT:

                        Michael Jay at (913) 551-7460, or by e-mail at                         *jay.michael@epa.gov.*

# SUPPLEMENTARY INFORMATION:

                    In the final rules section of the                     **Federal Register**                    , EPA is approving the state's SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial revision amendment and anticipates no relevant adverse comments to this action. A detailed rationale for the approval is set forth in the direct final rule. If no relevant adverse comments are received in response to this action, no further activity is contemplated in relation to this action. If EPA receives relevant adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed action. EPA will not institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time. 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. For additional information, see the direct final rule that is located in the rules section of this                     **Federal Register**                    .                 

Dated: February 27, 2007. 

John B. Askew, 

Regional Administrator, Region 7.

 [FR Doc. E7-4302 Filed 3-8-07; 8:45 am] 

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