37126 Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations 

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. The EPA will 

submit a 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by August 19, 2013. 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 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Volatile organic 

compounds, Reporting and 

recordkeeping requirements. 

Dated: April 3, 2013. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart MM—Oregon 

■ 2. Section 52.1970 is amended by 

adding paragraphs (c)(139)(i)(D) and (E), 

(c)(153)(i)(H) and (I), and (c)(157) to 

read as follows: 

§ 52.1970 Identification of plan. 

* * * * * 

(c) * * * 

(139) * * * 

(i) * * * 

(D) Based on a SIP revision submitted 

by Oregon on October 5, 2011, Oregon 

Administrative Rules Chapter 340, 

Division 262 ‘‘Residential 

Woodheating,’’ as effective October 14, 

1999, the following provisions are 

removed from the SIP: 262–0010, 262– 

0020, 262–0030, 262–0040, 262–0100, 

262–0110, 262–0120, 262–0130, 262– 

0200, 262–0210, 262–0220, 262–0230, 

262–0240, 262–0250, 262–0300, 262– 

0310, 262–0320, 262–0330. 

(E) Based on a SIP revision submitted 

by Oregon on June 8, 2012, Oregon 

Administrative Rules Chapter 340, 

Division 210 ‘‘Stationary Source 

Notification Requirements,’’ as effective 

October 8, 2002, the following 

provisions are removed from the SIP 

and replaced by revised provisions 

effective May 17, 2012: 210–0100, 210– 

0110, 210–0120, 210–0250. 

* * * * * 

(153) * * * 

(i) * * * 

(H) Based on a SIP revision submitted 

by Oregon on June 8, 2012, Oregon 

Administrative Rules Chapter 340, 

Division 200 ‘‘General Air Pollution 

Procedures and Definitions,’’ the 

following provision 340–200–0020, as 

effective May 1, 2011, is removed from 

the SIP and replaced by revised 

provision 340–200–0020 as effective 

May 17, 2012. 

(I) Based on a SIP revision submitted 

by Oregon on June 8, 2012, Oregon 

Administrative Rules Chapter 340, 

Division 228 ‘‘Requirements for Fuel 

Burning Equipment and Fuel Sulfur 

Content,’’ the following provisions 228– 

0020, 228–0200, 228–0210, as effective 

November 8, 2007, are removed from 

the SIP and replaced by revised 

provisions 228–0020, 228–0200, 228– 

0210, as effective May 17, 2012. 

* * * * * 

(157) On October 5, 2011, June 8, 

2012, and November 28, 2012, the 

Oregon Department of Environmental 

Quality submitted revisions to the 

Oregon Administrative Rules (OAR) 

Chapter 340 as revisions to the Oregon 

State Implementation Plan (SIP). The 

submissions relate to Oregon’s Heat 

Smart program, enforcement procedures 

and civil penalties, general air pollution 

definitions, rules for stationary source 

notification requirements, and 

requirements for fuel burning. 

(i) Incorporation by reference. 

(A) The following sections of the OAR 

Chapter 340, Division 262, effective 

March 15, 2011: Division 262, Heat 

Smart Program for Residential 

Woodstoves and Other Solid Fuel 

Heating Devices: Rule 0400 Purpose and 

Applicability of Rules; Rule 0500 

Certification of Solid Fuel Burning 

Devices for Sale as New; Rule 0700 

Removal and Destruction of Used Solid 

Fuel Burning Devices; Rule 0800 Wood 

Burning and Other Heating Devices 

Curtailment Program; Rule 0900 

Materials Prohibited from Burning. 

(B) The following sections of the OAR 

Chapter 340, Division 262, effective May 

17, 2012: Division 262, Heat Smart 

Program for Residential Woodstoves and 

Other Solid Fuel Heating Devices: Rule 

0450 Definitions; Rule 0600 New and 

Used Solid Fuel Burning Devices Sold 

in Oregon. 

(ii) Additional Material: 

(A) The following revised sections of 

Oregon Administrative Rules Chapter 

340, effective November 10, 2008: 

Division 12 Enforcement Procedures 

and Civil Penalties: Rule 0030 

Definitions, Rule 0038 Warning Letters, 

Pre-Enforcement Notices and Notices of 

Permit Violation, Rule 0155 Additional 

or Alternate Civil Penalties, Rule 0170 

Compromise or Settlement of Civil 

Penalty by Department. 

(B) The following revised sections of 

Oregon Administrative Rules Chapter 

340, effective March 15, 2011: Division 

12 Enforcement Procedures and Civil 

Penalties: Rule 0054 Air Quality 

Classifications and Violations, Rule 

0140 Determination of Base Penalty. 

[FR Doc. 2013–14501 Filed 6–19–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2013–0233; FRL–9825–6] 

Approval and Promulgation of 

Implementation Plans; State of 

Kansas; Infrastructure SIP 

Requirements for the 1997 and 2006 

Fine Particulate Matter National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

four Kansas State Implementation Plan 

(SIP) submissions. EPA is approving 

portions of two SIP submissions 

addressing the applicable infrastructure 

requirements of the Clean Air Act (CAA) 

for the 1997 and 2006 National Ambient 

Air Quality Standards (NAAQS) for fine 

particulate matter (PM2.5). These 

infrastructure requirements are designed 

to ensure that the structural components 

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Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations 37127 

of each state’s air quality management 

program are adequate to meet the state’s 

responsibilities under the CAA. EPA is 

also taking final action to approve two 

additional SIP submissions from 

Kansas, one addressing the Prevention 

of Significant Deterioration (PSD) 

program in Kansas, and another 

addressing the requirements applicable 

to any board or body which approves 

permits or enforcement orders of the 

CAA, both of which support 

requirements associated with 

infrastructure SIPs. The rationale for 

this action is explained in this notice 

and in more detail in the notice of 

proposed rulemaking for this action, 

which was published on April 17, 2013. 

DATES: This rule will be effective July 

22, 2013. 

ADDRESSES: EPA has established docket 

number EPA–R07–OAR–2013–0233 for 

this action. All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

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, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically at http:// 

www.regulations.gov or in hard copy at 

U.S. Environmental Protection Agency, 

Region 7, 11201 Renner Boulevard, 

Lenexa, Kansas 66219 from 8:00 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The interested 

persons wanting to examine these 

documents should make an 

appointment with the office at least 24 

hours in advance. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lachala Kemp, Air Planning and 

Development Branch, U.S. 

Environmental Protection Agency, 

Region 7, 11201 Renner Boulevard, 

Lenexa, KS 66219; telephone number: 

(913) 551–7214; fax number: (913) 551– 

7065; email address: 

kemp.lachala@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we refer 

to EPA. This section provides additional 

information by addressing the 

following: 

I. Background and Purpose 

II. EPA’s Response to Comment 

III. Summary of EPA Final Action 

IV. Statutory and Executive Order Review 

I. Background and Purpose 

On April 17, 2013, EPA proposed to 

approve four Kansas SIP submissions 

(78 FR 22827). EPA received the first 

submission on January 8, 2008, 

addressing the infrastructure SIP 

requirements relating to the 1997 PM2.5

NAAQS. EPA received the second 

submission on April 12, 2010, 

addressing the infrastructure SIP 

requirements relating to the 2006 PM2.5

NAAQS. As originally detailed in the 

proposed rulemaking, EPA had 

previously approved section 

110(a)(2)(D)(i)(I) and (II)—Interstate and 

international transport requirements of 

Kansas’ January 8, 2008, SIP submission 

for the 1997 PM2.5 NAAQS (72 FR 

10606, May 8, 2007); and EPA 

disapproved section 110(a)(2)(D)(i)(I)— 

Interstate and international transport 

requirements of Kansas’ April 12, 2010, 

SIP submission for the 2006 PM2.5

NAAQS (76 FR 43143, July 20, 2011). 

Therefore, we did not propose to act on 

those portions in the April 17, 2013, 

proposed rule since they had already 

been acted upon by EPA. With this final 

action, we will have acted on both the 

January 8, 2008, and the April 10, 2010, 

submissions in their entirety, excluding 

those provisions that are not within the 

scope of today’s rulemaking as 

identified in section IV of the April 17, 

2013, proposed action for both the 1997 

and 2006 PM2.5 infrastructure SIP 

submissions. 

The third submission was received by 

EPA on March 1, 2013. This submission 

revises the Kansas rule found at Kansas 

Administrative Regulations (KAR) 

29–19–350 ‘‘Prevention of Significant 

Deterioration of Air Quality’’ to 

incorporate by reference Federal rule 

changes through July 1, 2011. These 

changes implement elements of the 

Prevention of Significant Deterioration 

(PSD) regulations relating to EPA’s 2008 

NSR PM2.5 Implementation Rule (73 FR 

28321, May 16, 2008) and certain 

elements of the ‘‘Prevention of 

Significant Deterioration (PSD) for 

Particulate Matter Less Than 2.5 

Micrometers (PM2.5)—Increments, 

Significant Impact Levels (SILs) and 

Significant Monitoring Concentration 

(SMC)’’ rule (75 FR 64864, October 20, 

2010). On April 2, 2013, Kansas 

amended and clarified its submission so 

that it no longer included specific 

provisions affected by the January 22, 

2013, U.S. Court of Appeals for the 

District of Columbia court decision 

which vacated and remanded the 

provisions concerning implementation 

of the PM2.5 SILs and vacated the 

provisions adding the PM2.5 SMC that 

were promulgated as part of the October 

20, 2010, PM2.5 PSD Rule (Sierra Club 

v. EPA, No. 10–1413 (filed December 17, 

2010)). In addition, this rule amendment 

defers the application of PSD permitting 

requirements to carbon dioxide 

emissions from bioenergy and other 

biogenic stationary sources. 

The fourth submission was received 

by EPA on March 19, 2013. This 

submission addresses the conflict of 

interest provisions in section 128 of the 

CAA as it relates to element E of the 

infrastructure SIP. In the proposed 

rulemaking, EPA proposed to ‘‘parallel 

process’’ the SIP revision relating to 

these conflict of interest provisions. 

Under this procedure, EPA proposed 

rulemaking action concurrently with the 

State of Kansas’ procedures for 

approving a SIP submission and 

amending its regulations. Because 

Kansas did not receive any comments 

during its public comment period and 

therefore the regulation revision 

adopted by Kansas is identical to the 

draft regulation which EPA described in 

the proposal, in today’s action EPA is 

finalizing approval of the conflict of 

interest provisions. 

In summary, EPA is taking final 

action today to approve these four SIP 

submissions from Kansas. The first two 

submissions address the requirements of 

CAA sections 110(a)(1) and (2) as 

applicable to the 1997 and 2006 NAAQS 

for PM2.5. With this final action, we will 

have acted on both the 1997 and 2006 

submissions in their entirety excluding 

those provisions that are not within the 

scope of the rulemaking. EPA is also 

taking final action to approve two 

additional SIP submissions from 

Kansas, one addressing the Prevention 

of Significant Deterioration (PSD) 

program in Kansas as it relates to PM2.5, 

unless otherwise noted in EPA’s 

proposed action on April 17, 2013 (78 

FR 22827), and another SIP revision 

addressing the requirements of section 

128 of the CAA, both of which support 

the requirements associated with 

infrastructure SIPs. 

The public comment period on EPA’s 

proposed rule opened April 17, 2013, 

the date of its publication in the Federal 

Register, and closed on May 17, 2013. 

During this period, EPA received one 

comment from a citizen, and one from 

the Kansas Department of Health and 

Environment (KDHE). The letters are 

available in the docket to today’s final 

rule. The citizen comment was in 

support of EPA’s action, and we 

appreciate the support for this 

rulemaking. No changes were made to 

this final action based on this comment. 

Today’s final action includes EPA’s 

response to KDHE’s comment. 

II. EPA’s Response to Comment 

Comment: KDHE commented that 

EPA retract certain language in the 

proposed rulemaking for today’s final 

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37128 Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations 

action. The proposed rulemaking stated 

at 78 FR 22838: ‘‘As described under 

element C in section V of this 

rulemaking, states had an obligation to 

address condensable PM emissions as a 

part of the 2008 PM2.5 NSR 

implementation rule. In Kansas’ March 

1, 2013, SIP submission, Kansas 

incorporated by reference EPA’s 

definition for regulated NSR pollutant 

(formerly at 40 CFR 51.166(b)(49)(vi)), 

including the term ‘particulate matter 

emissions,’ as inadvertently 

promulgated in the 2008 NSR Rule. EPA 

is, however, proposing to approve into 

the Kansas SIP the requirement that 

condensable PM be accounted for in 

applicability determinations and in 

establishing emissions limitations for 

PM2.5 and PM10 because it is more 

stringent than the Federal requirement. 

Kansas can choose to initiate further 

rulemaking to ensure consistency with 

Federal requirements.’’ KDHE contends 

that its March 1, 2013, PSD SIP 

submission was intended to align the 

state’s PSD rules with the Federal rules 

and therefore is not more stringent than 

Federal requirements. 

Response: After evaluating KDHE’s 

comment, EPA agrees that KDHE’s 

March 1, 2013, submission did not 

include provisions that are more 

stringent than the Federal requirements. 

III. Summary of EPA Final Action 

Based upon review of the State’s 

infrastructure SIP submissions for the 

1997 and 2006 PM2.5 NAAQS, and 

relevant statutory and regulatory 

authorities and provisions referenced in 

those submissions or referenced in 

Kansas’ SIP, EPA believes that Kansas 

has the infrastructure to address all 

applicable required elements of sections 

110(a)(1) and (2) (except otherwise 

noted) to ensure that the 1997 and 2006 

PM2.5 NAAQS are implemented in the 

state. Therefore, EPA is taking final 

action to approve Kansas’ infrastructure 

SIP submissions for the 1997 and 2006 

NAAQS for PM2.5 for the following 

section 110(a)(2) elements and subelements: (A), (B), (C), (D)(i)(II) (prongs 

3 and 4), D(ii), (E), (F), (G), (H), (J), (K), 

(L), and (M). In addition, EPA is 

approving two SIP submissions, one 

addressing the Prevention of Significant 

Deterioration (PSD) program in Kansas 

as it relates to PM2.5, and another SIP 

revision addressing the requirements of 

section 128 of the CAA, both of which 

support the requirements associated 

with infrastructure SIPs. 

IV. Statutory and Executive Order 

Review 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this 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 Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; 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 rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

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 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by August 19, 2013. 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 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: June 10, 2013. 

Mark Hague, 

Acting Regional Administrator, Region 7. 

Chapter I, title 40 of the Code of 

Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart R—Kansas 

■ 2. In § 52.870: 

■ a. The table in paragraph (c) is 

amended by revising the entry for 28– 

19–350. 

■ b. The table in paragraph (e) is 

amended by adding new entries (34), 

(35), and (36) in numerical order at the 

end of the table. 

The revisions and additions read as 

follows: 

§ 52.870 Identification of plan. 

* * * * * 

(c) * * * 

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Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations 37129 

EPA-APPROVED KANSAS REGULATIONS

Kansas citation Title State effective 

date EPA approval date Explanation 

Kansas Department of Health and Environment Ambient Air Quality Standards and Air Pollution Control 

*******

Construction Permits and Approvals 

*******

28–19–350 ........ Prevention of Significant 

Deterioration (PSD) of 

Air Quality.

12/28/2012 6–20–13 ..........................

INSERT FEDERAL REGISTER PAGE NUMBER 

WHERE THE DOCUMENT BEGINS].

Provisions of the 2010 PM2.5 PSD—Increments, 

SILs and SMCs rule (75 FR 64865, October 20, 

2010) relating to SILs and SMCs that were affected by the January 22, 2013 U.S. Court of Appeals decision are not SIP approved. 

Provisions of the 2002 NSR reform rule relating to 

the Clean Unit Exemption, Pollution Control 

Projects, and exemption from recordkeeping provisions for certain sources using the actual-toprojected-actual emissions projections test are 

not SIP approved. In addition, we have not approved Kansas rule incorporating EPA’s 2007 revision of the definition of ‘‘chemical processing 

plants’’ (the ‘‘Ethanol Rule,’’ 72 FR 24060 (May 

1, 2007) or EPA’s 2008 ‘‘fugitive emissions rule,’’ 

73 FR 77882 (December 19, 2008). 

* * * * * * * 

* * * * * (e) * * * 

EPA-APPROVED KANSAS NONREGULATORY PROVISIONS

Name of non-regulatory SIP 

provision 

Applicable geographic area or 

nonattainment area 

State submittal 

date EPA approval date Explanation 

*******

(34) Section 110(a)(2) Infrastructure Requirements for 

the 1997 PM2.5 NAAQS.

Statewide ............................... 1/08/2008 6–20–13 INSERT CITATION 

OF PUBLICATION].

This action addresses the following CAA elements: 

110(a)(2)(A), (B), (C), 

(D)(i)(II) (prongs 3 and 4), 

D(ii), (E), (F), (G), (H), (J), 

(K), (L), and (M), except as 

noted. 

(35) Section 110(a)(2) Infrastructure Requirements for 

the 2006 PM2.5 NAAQS.

Statewide ............................... 4/12/2010 6–20–13 [INSERT CITATION 

OF PUBLICATION].

This action addresses the following CAA elements: 

110(a)(2)(A), (B), (C), 

(D)(i)(II) (prongs 3 and 4), 

D(ii), (E), (F), (G), (H), (J), 

(K), (L), and (M), except as 

noted. 

(36) Section 128 Declaration: 

Kansas Department of 

Health and Environment 

Representation and Conflicts of Interest Provisions, 

Kansas Revised Statutes 

(KSA). KSA 46–221, KSA 

46–229, KSA 46–247(c).

Statewide ............................... 3/19/2013 6–20–13 [INSERT CITATION 

OF PUBLICATION].

[FR Doc. 2013–14627 Filed 6–19–13; 8:45 am] 

BILLING CODE 6560–50–P 

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