15856 Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Rules and Regulations 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 5100.1 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded under the Instruction 

that there are no factors in this case that 

would limit the use of a categorical 

exclusion under section 2.B.2 of the 

Instruction. Therefore, this rule is 

categorically excluded, under figure 2– 

1, paragraph (34)(f), of the Instruction, 

from further environmental 

documentation. 

An environmental analysis checklist 

and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165, as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.777 to read as follows: 

§ 165.777 Security Zone; West Basin, Port 

Canaveral Harbor, Cape Canaveral, Florida. 

(a) Regulated area. The following area 

is a security zone: All waters of the West 

Basin of Port Canaveral Harbor 

northwest of an imaginary line between 

two points: 28°24′57.88′′ N, 

080°37′25.69′′ W to 28°24′37.48′′ N, 

080°37′34.03′′ W. 

(b) Requirement. (1) This security 

zone will be activated 4 hours prior to 

the scheduled arrival of a cruise ship at 

the West Basin of Port Canaveral Harbor 

during MARSEC Levels 2 and 3 or when 

the COTP determines there is a 

specified credible threat during 

MARSEC Level 1. This security zone 

will not be deactivated until the 

departure of all cruise ships from the 

West Basin. The zone is subject to 

enforcement when it is activated. 

(2) Under general security zone 

regulations of 33 CFR 165.33, no vessel 

or person may enter or navigate within 

the regulated area unless specifically 

authorized by the COTP or the COTP’s 

designated representative. Any person 

or vessel authorized to enter the security 

zone must operate in strict conformance 

with any direction given by the COTP 

or a designated representative and leave 

the security zone immediately if so 

ordered. 

(3) The public will be notified when 

the security zone is activated by the 

display of a red ball on a 50-foot pole 

located at the east end of Cruise Ship 

terminal 10. This red ball will be 

lowered when the security zone is 

deactivated. To ensure boaters are given 

sufficient knowledge of the security 

zone, the Coast Guard will continuously 

broadcast the activations of the zone 

and law enforcement vessels will be on 

scene to inform boaters that the zone 

has been activated. Vessels encroaching 

on the security zone will be issued a 

Public Notice which clearly states the 

location of the security zone and the 

times it will be enforced. This will be 

the boater’s first warning prior to 

enforcement action being taken. 

(c) Definitions. The following 

definition applies to this section: 

Designated representative means 

Coast Guard Patrol Commanders 

including Coast Guard coxswains, petty 

officers and other officers operating 

Coast Guard vessels, and federal, state, 

and local law enforcement officers 

designated by or assisting the COTP in 

the enforcement of the security zone. 

(d) Captain of the Port Contact 

Information. If you have questions about 

this regulation, please contact the Sector 

Command Center at (904) 564–7513. 

(e) Enforcement periods. This section 

will only be subject to enforcement 

when the security zone described in 

paragraph (a) is activated as specified in 

paragraph (b)(1) of this section. 

Dated: March 26, 2009. 

Paul F. Thomas, 

Captain, U.S. Coast Guard, Captain of the 

Port Jacksonville. 

[FR Doc. E9–7985 Filed 4–7–09; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[FRL–8760–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; Kansas; 

Update to Materials Incorporated by 

Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; notice of 

administrative change. 

SUMMARY: EPA is updating the materials 

submitted by Kansas that are 

incorporated by reference (IBR) into the 

state implementation plan (SIP). The 

regulations affected by this update have 

been previously submitted by the state 

agency and approved by EPA. This 

update affects the SIP materials that are 

available for public inspection at the 

National Archives and Records 

Administration (NARA), the Air and 

Radiation Docket and Information 

Center located at EPA Headquarters in 

Washington, DC, and the Regional 

Office. 

DATES: Effective Date: This action is 

effective April 8, 2009. 

ADDRESSES: SIP materials which are 

incorporated by reference into 40 CFR 

part 52 are available for inspection at 

the following locations: Environmental 

Protection Agency, Region 7, 901 North 

5th Street, Kansas City, Kansas 66101, 

or at http://www.epa.gov/region07/ 

programs/artd/air/rules/fedapprv.htm; 

the Air and Radiation Docket and 

Information Center, EPA Headquarters 

Library, Room Number 3334, EPA West 

Building, 1301 Constitution Avenue, 

NW., Washington, DC 20460, and the 

National Archives and Records 

Administration. If you wish to obtain 

materials from a docket in the EPA 

Headquarters Library, please call the 

Office of Air and Radiation Docket at 

(202) 566–1742. For information on the 

availability of this material at NARA, 

call (202) 741–6030, or go to: http:// 

www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

FOR FURTHER INFORMATION CONTACT: 

Evelyn VanGoethem at (913) 551–7659, 

or by e-mail at 

vangoethem.evelyn@epa.gov. 

SUPPLEMENTARY INFORMATION: The SIP is 

a living document which the state 

revises as necessary to address the 

unique air pollution problems in the 

state. Therefore, EPA from time to time 

must take action on SIP revisions 


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Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Rules and Regulations 15857 

containing new and/or revised 

regulations to make them part of the 

SIP. On May 22, 1997 (62 FR 27968), 

EPA revised the procedures for 

incorporating by reference Federallyapproved SIPs, as a result of 

consultations between EPA and the 

Office of Federal Register. The 

description of the revised SIP 

document, IBR procedures and 

‘‘Identification of plan’’ format are 

discussed in further detail in the May 

22, 1997, Federal Register document. 

On February 12, 1999, EPA published 

a document in the Federal Register (64 

FR 7091) beginning the new IBR 

procedure for Kansas. On November 14, 

2003 (68 FR 64532), EPA published an 

update to the IBR material for Kansas. 

In this document, EPA is doing the 

following: 

1. Announcing the update to the IBR 

material as of December 1, 2008. 

2. Correcting the date format in the 

‘‘State effective date’’ or ‘‘State 

submittal date’’ and ‘‘EPA approval 

date’’ columns in § 52.870 paragraphs 

(c), (d) and (e). Dates are numerical 

month/day/year without additional 

zeros. 

3. Modifying the Federal Register 

citation in § 52.870 paragraphs (c), (d) 

and (e) to reflect the beginning page of 

the preamble as opposed to the page 

number of the regulatory text. 

EPA has determined that today’s rule 

falls under the ‘‘good cause’’ exemption 

in section 553(b)(3)(B) of the 

Administrative Procedures Act (APA) 

which, upon finding ‘‘good cause,’’ 

authorizes agencies to dispense with 

public participation and section 

553(d)(3), which allows an agency to 

make a rule effective immediately 

(thereby avoiding the 30-day delayed 

effective date otherwise provided for in 

the APA). Today’s rule simply codifies 

provisions which are already in effect as 

a matter of law in Federal and approved 

State programs. Under section 553 of the 

APA, an agency may find good cause 

where procedures are ‘‘impractical, 

unnecessary, or contrary to the public 

interest.’’ Public comment is 

‘‘unnecessary’’ and ‘‘contrary to the 

public interest’’ since the codification 

only reflects existing law. Immediate 

notice in the CFR benefits the public by 

providing notice of the updated Kansas 

SIP compilation. 

Statutory and Executive Order Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act 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 Clean Air Act. 

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 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 Clean Air Act; 

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). 

EPA has also determined that the 

provisions of section 307(b)(1) of the 

Clean Air Act pertaining to petitions for 

judicial review are not applicable to this 

action. This action is simply an 

announcement of prior rulemakings that 

have previously undergone notice and 

comment. Prior EPA rulemaking actions 

for each individual component of the 

Kansas SIP compilation previously 

afforded interested parties the 

opportunity to file a petition for judicial 

review in the United States Court of 

Appeals for the appropriate circuit 

within 60 days of such rulemaking 

action. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: March 26, 2009. 

William Rice, 

Acting Regional Administrator, Region 7. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority for citation for part 52 

continues to read as follows: 

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

Subpart R—Kansas 

■ 2. In § 52.870 paragraphs (b), (c), (d) 

and (e) are revised to read as follows: 

§ 52.870 Identification of plan. 

* * * * * 

(b) Incorporation by reference. 

(1) Material listed in paragraphs (c) 

and (d) of this section with an EPA 

approval date prior to December 1, 

2008, was approved for incorporation by 

reference by the Director of the Federal 

Register in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51. Material is 

incorporated as it exists on the date of 

the approval, and notice of any change 

in the material will be published in the 

Federal Register. Entries in paragraphs 

(c) and (d) of this section with EPA 


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15858 Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Rules and Regulations 

approval dates after December 1, 2008, 

will be incorporated by reference in the 

next update to the SIP compilation. 

(2) EPA Region 7 certifies that the 

rules/regulations provided by EPA in 

the SIP compilation at the addresses in 

paragraph (b)(3) of this section are an 

exact duplicate of the officially 

promulgated state rules/regulations 

which have been approved as part of the 

SIP as of December 1, 2008. 

(3) Copies of the materials 

incorporated by reference may be 

inspected at the Environmental 

Protection Agency, Region 7, Air 

Planning and Development Branch, 901 

North 5th Street, Kansas City, Kansas 

66101; at the EPA, Air and Radiation 

Docket and Information Center, Room 

Number 3334, EPA West Building, 1301 

Constitution Avenue, NW., Washington, 

DC 20460; or at the National Archives 

and Records Administration (NARA). If 

you wish to obtain material from the 

EPA Regional Office, please call (913) 

551–7659; for material from a docket in 

EPA Headquarters Library, please call 

the Office of Air and Radiation Docket 

at (202) 566–1742. For information on 

the availability of this material at 

NARA, call (202) 741–6030, or go to: 

http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

(c) EPA-approved regulations. 

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 

General Regulations 

K.A.R. 28–19–6 ......... Statement of Policy ..... 1/1/72 5/31/72, 37 FR 10867 ........ Kansas revoked this rule 5/1/82. 

K.A.R. 28–19–8 ......... Reporting Required ..... 1/23/95 7/17/95, 60 FR 36361.

K.A.R. 28–19–9 ......... Time Schedule for 

Compliance.

5/1/84 12/21/87, 52 FR 48265.

K.A.R. 28–19–10 ....... Circumvention of Control Regulations.1/1/71 5/31/72, 37 FR 10867.

K.A.R. 28–19–11 ....... Exceptions Due to 

Breakdowns or 

Scheduled Maintenance.

1/1/74 11/8/73, 38 FR 30876.

K.A.R. 28–19–12 ....... Measurement of Emissions.1/1/71 5/31/72, 37 FR 10867.

K.A.R. 28–19–13 ....... Interference with Enjoyment of Life and 

Property.

1/1/74 11/8/73, 38 FR 30876.

K.A.R. 28–19–14 ....... Permits Required ........ 1/24/94 7/17/95, 60 FR 36361.

K.A.R. 28–19–15 ....... Severability .................. 1/1/71 5/31/72, 37 FR 10867.

Nonattainment Area Requirements 

K.A.R. 28–19–16 ....... New Source Permit 

Requirements for 

Designated Nonattainment Areas.

10/16/89 1/16/90, 55 FR 1420.

K.A.R. 28–19–16a ..... Definitions ................... 10/10/97 1/11/00, 65 FR 1545.

K.A.R. 28–19–16b ..... Permit Required .......... 10/16/89 1/16/90, 55 FR 1420.

K.A.R. 28–19–16c ..... Creditable Emission 

Reductions.

10/16/89 1/16/90, 55 FR 1420 .......... The EPA deferred action on the state’s current 

definition of the terms ‘‘building, structure, 

facility, or installation’’; ‘‘installation’’; and 

‘‘reconstruction.’’ 

K.A.R. 28–19–16d ..... Fugitive Emission Exemption.10/16/89 1/16/90, 55 FR 1420.

K.A.R. 28–19–16e ..... Relaxation of Existing 

Emission Limitations.

10/16/89 1/16/90, 55 FR 1420.

K.A.R. 28–19–16f ...... New Source Emission 

Limits.

10/16/89 1/16/90, 55 FR 1420.

K.A.R. 28–19–16g ..... Attainment and Maintenance of National 

Ambient Air Quality 

Standards.

10/16/89 1/16/90, 55 FR 1420.

K.A.R. 28–19–16h ..... Compliance of Other 

Sources.

10/16/89 1/16/90, 55 FR 1420.

K.A.R. 28–19–16i ...... Operating Requirements.10/16/89 1/16/90, 55 FR 1420.

K.A.R. 28–19–16j ...... Revocation and Suspension of Permit.10/16/89 1/16/90, 55 FR 1420.

K.A.R. 28–19–16k ..... Notification Requirements.10/16/89 1/16/90, 55 FR 1420.

K.A.R. 28–19–16l ...... Failure to Construct ..... 10/16/89 1/16/90, 55 FR 1420.


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EPA-APPROVED KANSAS REGULATIONS—Continued 

Kansas citation Title State effective 

date EPA approval date Explanation 

K.A.R. 28–19–16m .... Compliance with Provisions of Law Required.10/16/89 1/16/90, 55 FR 1420.

Attainment Area Requirements 

K.A.R. 28–19–17 ....... Prevention of Significant Deterioration of 

Air Quality.

11/22/02 2/26/03, 68 FR 8845 .......... K.A.R. 28–19–17a through 28–19–17q revoked. Provision moved to K.A.R. 28–19– 

350. 

Stack Height Requirements 

K.A.R. 28–19–18 ....... Stack Heights .............. 5/1/88 4/20/89, 54 FR 15934 ........ The state regulation has stack height credit. 

The EPA has not approved that part. 

K.A.R. 28–19–18b ..... Definitions ................... 5/1/88 4/20/89, 54 FR 15934.

K.A.R. 28–19–18c ..... Methods for Determining Good Engineering Practice 

Stack Height.

5/1/88 4/20/89, 54 FR 15934.

K.A.R. 28–19–18d ..... Fluid Modeling ............. 5/1/88 4/20/89, 54 FR 15934.

K.A.R. 28–19–18e ..... Relaxation of Existing 

Emission Limitations.

5/1/88 4/20/89, 54 FR 15934.

K.A.R. 28–19–18f ...... Notification Requirements.5/1/88 4/20/89, 54 FR 15934.

Continuous Emission Monitoring 

K.A.R. 28–19–19 ....... Continuous Emission 

Monitoring.

6/8/92 1/12/93, 58 FR 3847.

Processing Operation Emissions 

K.A.R. 28–19–20 ....... Particulate Matter 

Emission Limitations.

10/16/89 1/16/90, 55 FR 1420.

K.A.R. 28–19–21 ....... Additional Emission 

Restrictions.

10/16/89 1/16/90, 55 FR 1420.

K.A.R. 28–19–23 ....... Hydrocarbon Emissions—Stationary 

Sources.

12/27/72 11/8/73, 38 FR 30876.

K.A.R. 28–19–24 ....... Control of Carbon 

Monoxide Emissions.

1/1/72 11/8/73, 38 FR 30876.

Indirect Heating Equipment Emissions 

K.A.R. 28–19–30 ....... General Provisions ...... 1/1/72 5/31/72, 37 FR 10867.

K.A.R. 28–19–31 ....... Emission Limitations ... 11/8/93 10/18/94, 59 FR 52425.

K.A.R. 28–19–32 ....... Exemptions—Indirect 

Heating Equipment.

11/8/93 10/18/94, 59 FR 52425.

Incinerator Emissions 

K.A.R. 28–19–40 ....... General Provisions ...... 1/1/71 5/31/72, 37 FR 10867.

K.A.R. 28–19–41 ....... Restriction of Emission 12/27/72 11/8/73, 38 FR 30876.

K.A.R. 28–19–42 ....... Performance Testing ... 1/1/72 11/8/73, 38 FR 30876.

K.A.R. 28–19–43 ....... Exceptions ................... 1/1/71 5/31/72, 37 FR 10867.

Air Pollution Emergencies 

K.A.R. 28–19–55 ....... General Provisions ...... 1/1/72 5/31/72, 37 FR 10867.

K.A.R. 28–19–56 ....... Episode Criteria ........... 10/16/89 1/16/90, 55 FR 1420.

K.A.R. 28–19–57 ....... Emission Reduction 

Requirements.

1/1/72 5/31/72, 37 FR 10867.

K.A.R. 28–19–58 ....... Emergency Episode 

Plans.

1/1/72 5/31/72, 37 FR 10867.

Volatile Organic Compound Emissions 

K.A.R. 28–19–61 ....... Definitions ................... 10/7/91 6/23/92, 57 FR 27936.

K.A.R. 28–19–62 ....... Testing Procedures ..... 10/7/71 6/23/92, 57 FR 27936.

K.A.R. 28–19–63 ....... Automobile and Light 

Duty Truck Surface 

Coating.

11/8/93 10/18/94, 59 FR 52425.


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15860 Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Rules and Regulations 

EPA-APPROVED KANSAS REGULATIONS—Continued 

Kansas citation Title State effective 

date EPA approval date Explanation 

K.A.R. 28–19–64 ....... Bulk Gasoline Terminals.5/1/88 5/18/88, 53 FR 17700.

K.A.R. 28–19–65 ....... Volatile Organic Compounds (VOC) Liquid 

Storage in Permanent Fixed Roof 

Type Tanks.

5/1/88 5/18/88, 53 FR 17700.

K.A.R. 28–19–66 ....... Volatile Organic Compounds (VOC) Liquid 

Storage in External 

Floating Roof Tanks.

5/1/88 5/18/88, 53 FR 17700.

K.A.R. 28–19–67 ....... Petroleum Refineries ... 5/1/86 1/2/87, 52 FR 53.

K.A.R. 28–19–68 ....... Leaks from Petroleum 

Refinery Equipment.

5/1/86 1/2/87, 52 FR 53.

K.A.R. 28–19–69 ....... Cutback Asphalt .......... 5/1/88 5/18/88, 53 FR 17700.

K.A.R. 28–19–70 ....... Leaks from Gasoline 

Delivery Vessels and 

Vapor Collection 

Systems.

5/15/98 1/11/00, 65 FR 1545.

K.A.R. 28–19–71 ....... Printing Operations ..... 5/1/88 5/18/88, 53 FR 17700.

K.A.R. 28–19–72 ....... Gasoline Dispensing 

Facilities.

5/1/88 5/18/88, 53 FR 17700.

K.A.R. 28–19–73 ....... Surface Coating of 

Miscellaneous Metal 

Parts and Products 

and Metal Furniture.

6/8/92 1/12/93, 58 FR 3847.

K.A.R. 28–19–74 ....... Wool Fiberglass Manufacturing.5/1/88 5/18/88, 53 FR 17700.

K.A.R. 28–19–76 ....... Lithography Printing 

Operations.

10/7/91 6/23/92, 57 FR 27936.

K.A.R. 28–19–77 ....... Chemical Processing 

Facilities That Operate Alcohol Plants or 

Liquid Detergent 

Plants.

10/7/91 6/23/92, 57 FR 27936.

General Provisions 

K.A.R. 28–19–200 ..... General Provisions; 

definitions.

10/10/97 1/11/00, 65 FR 1545 .......... New rule. Replaces K.A.R. 28–19–7 definitions. 

K.A.R. 28–19–201 ..... General Provisions; 

Regulated Compounds List.

10/10/97 1/11/00, 65 FR 1545 .......... New rule. Replaces Regulated Compounds in 

K.A.R. 28–19–7. 

K.A.R. 28–19–204 ..... Permit Issuance and 

Modification; Public 

Participation.

1/23/95 7/17/95, 60 FR 36361.

K.A.R. 28–19–210 ..... Calculation of Actual 

Emissions.

11/22/93 1/11/00, 65 FR 1545.

K.A.R. 28–19–212 ..... Approved Test Methods and Emission 

Compliance Determination Procedures.

1/23/95 7/17/95, 60 FR 36361.

Construction Permits and Approvals 

K.A.R. 28–19–300 ..... Applicability ................. 1/23/95 7/17/95, 60 FR 36361.

K.A.R. 28–19–301 ..... Application and 

Issuance.

1/23/95 7/17/95, 60 FR 36361.

K.A.R. 28–19–302 ..... Additional Provisions; 

Construction Permits.

1/23/95 7/17/95, 60 FR 36361.

K.A.R. 28–19–303 ..... Additional Provisions; 

Construction Approvals.

1/23/95 7/17/95, 60 FR 36361.

K.A.R. 28–19–304 ..... Fees ............................ 1/23/95 7/17/95, 60 FR 36361.


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EPA-APPROVED KANSAS REGULATIONS—Continued 

Kansas citation Title State effective 

date EPA approval date Explanation 

K.A.R. 28–19–350 ..... Prevention of Significant Deterioration 

(PSD) of Air Quality.

6/30/06 5/29/07, 72 FR 29429 ........ Kansas did not adopt subsections with references to the clean unit exemptions, pollution control projects and the recordkeeping 

provisions for the actual-to-projected-actual 

emissions applicability test because of the 

June 24, 2005, decision of the United States 

Court of Appeals for the District of Columbia 

Circuit relating to the Clean Unit Exemption, 

Pollution Control Projects and the recordkeeping provisions for the actual-to-projected-actual emissions applicability test. 

General Permits 

K.A.R. 28–19–400 ..... General Requirements 1/23/95 7/17/95, 60 FR 36361.

K.A.R. 28–19–401 ..... Adoption by the Secretary.1/23/95 7/17/95, 60 FR 36361.

K.A.R. 28–19–402 ..... Availability of Copies; 

Lists of Sources to 

Which Permits 

Issued.

1/23/95 7/17/95, 60 FR 36361.

K.A.R. 28–19–403 ..... Application to Construct or Operate 

Pursuant to Terms of 

General Permits.

1/23/95 7/17/95, 60 FR 36361.

K.A.R. 28–19–404 ..... Modification, Revocation.1/23/95 7/17/95, 60 FR 36361.

Operating Permits 

K.A.R. 28–19–500 ..... Applicability ................. 1/23/95 7/17/95, 60 FR 36361.

K.A.R. 28–19–501 ..... Emissions Limitations 

and Pollution Control 

Equipment for Class 

I and Class II Operating Permits; Conditions.

1/23/95 7/17/95, 60 FR 36361.

K.A.R. 28–19–502 ..... Identical Procedural 

Requirements.

1/23/95 7/17/95, 60 FR 36361.

Class II Operating Permits 

K.A.R. 28–19–540 ..... Applicability ................. 1/23/95 7/17/95, 60 FR 36361.

K.A.R. 28–19–541 ..... Application Timetable 

and Contents.

1/23/95 7/17/95, 60 FR 36361.

K.A.R. 28–19–542 ..... Permit-by-Rule ............ 9/23/05 2/8/08, 73 FR 7468.

K.A.R. 28–19–543 ..... Permit Term and Content; Operational 

Compliance.

1/23/95 7/17/95, 60 FR 36361.

K.A.R. 28–19–544 ..... Modification of Sources 

or Operations.

1/23/95 7/17/95, 60 FR 36361.

K.A.R. 28–19–545 ..... Application Fee ........... 1/23/95 7/17/95, 60 FR 36361.

K.A.R. 28–19–546 ..... Annual Emission Inventory.9/23/05 2/8/08, 73 FR 7468.

K.A.R. 28–19–561 ..... Permit-by-Rule; Reciprocating Engines.9/23/05 2/8/08, 73 FR 7468.

K.A.R. 28–19–562 ..... Permit-by-Rule; Organic Solvent Evaporative Sources.9/23/05 2/8/08, 73 FR 7468.

K.A.R. 28–19–563 ..... Permit-by-Rule; Hot 

Mix Asphalt Facilities.

9/23/05 2/8/08, 73 FR 7468.

K.A.R. 28–19–564 ..... Permit-by-Rule; 

Sources with Actual 

Emissions Less 

Than 50 Percent of 

Major Source 

Thresholds.

10/4/02 3/26/03, 68 FR 14540.


rwilkins on PROD1PC63 with RULES
15862 Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Rules and Regulations 

EPA-APPROVED KANSAS REGULATIONS—Continued 

Kansas citation Title State effective 

date EPA approval date Explanation 

Open Burning Restrictions 

K.A.R. 28–19–645 ..... Open Burning Prohibited.3/1/96 10/2/96, 61 FR 51366.

K.A.R. 28–19–646 ..... Responsibility for Open 

Burning.

3/1/96 10/2/96, 61 FR 51366.

K.A.R. 28–19–647 ..... Exceptions to Prohibition on Open Burning.3/1/96 10/2/96, 61 FR 51366.

K.A.R. 28–19–648 ..... Agricultural Open Burning.3/1/96 10/2/96, 61 FR 51366.

K.A.R. 28–19–650 ..... Emissions Opacity Limits.1/29/99 1/11/00, 65 FR 1545 .......... New rule. Replaces K.A.R. 28–19–50 and 28– 

19–52. 

Volatile Organic Compound Emissions 

K.A.R. 28–19–714 ..... Control of Emissions 

from Solvent Metal 

Cleaning.

9/1/02 10/30/02, 67 FR 66058.

K.A.R. 28–19–717 ..... Control of Volatile Organic Compound 

(VOC) Emissions 

from Commercial 

Bakery Ovens in 

Johnson and Wyandotte Counties.

12/22/00 12/12/01, 66 FR 64148.

K.A.R. 28–19–719 ..... Fuel Volatility ............... 4/27/01 2/13/02, 67 FR 6655.

Conformity 

K.A.R. 28–19–800 ..... General Conformity of 

Federal Actions.

3/15/96 10/2/96, 61 FR 51366.

(d) EPA-approved State sourcespecific permits. 

EPA-APPROVED KANSAS SOURCE-SPECIFIC PERMITS

Name of source Permit No. State effective 

date EPA approval date Explanation 

(1) Board of Public Utilities, Quindaro Power Station.2090048 10/20/93 10/18/94, 59 FR 52425.

(2) Board of Public Utilities, Kaw Power Station ... 2090049 10/20/93 10/18/94, 59 FR 52425.

(e) EPA-approved nonregulatory 

provisions and quasi-regulatory 

measures. 

EPA-APPROVED KANSAS NONREGULATORY PROVISIONS

Name of nonregulatory SIP provision Applicable geographic 

or Nonattainment area State submittal date EPA approval date Explanation 

(1) Implementation Plan for Attainment and 

Maintenance of the National Air Quality 

Standards.

Statewide ................... 1/31/72 ....................... 5/31/72, 37 FR 10867.

(2) Comments on the Plan in Response to 

EPA Review.

Kansas City ................ 3/24/72 ....................... 6/22/73, 38 FR 16550 Correction notice published 3/2/76. 

(3) Emergency Episode Operations/Communications Manual.Kansas City ................ 4/6/72 ......................... 11/8/73, 38 FR 30876 Correction notice published 3/2/76. 

(4) Emergency Episode Operations/Communications Manual.Statewide except Kansas City.2/15/73 ....................... 11/8/73, 38 FR 30876 Correction notice published 3/2/76. 

(5) Letter Concerning Attainment of CO 

Standards.

Kansas City ................ 5/29/73 ....................... 11/8/73, 38 FR 30876 Correction notice published 3/2/76. 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Rules and Regulations 15863 

EPA-APPROVED KANSAS NONREGULATORY PROVISIONS—Continued 

Name of nonregulatory SIP provision Applicable geographic 

or Nonattainment area State submittal date EPA approval date Explanation 

(6) Amendment to State Air Quality Control 

Law Dealing with Public Access to Emissions Data.

Statewide ................... 7/27/73 ....................... 11/8/73, 38 FR 30876 Correction notice published 3/2/76. 

(7) Analysis and Recommendations Concerning Designation of Air Quality Maintenance Areas.Statewide ................... 2/28/74 ....................... 3/2/76, 41 FR 8956.

(8) Ozone Nonattainment Plan ...................... Kansas City ................ 9/17/79 ....................... 4/3/81, 46 FR 20164.

(9) Ozone Nonattainment Plan ...................... Douglas County ......... 10/22/79 ..................... 4/3/81, 46 FR 20164.

(10) TSP Nonattainment Plan ........................ Kansas City ................ 3/10/80 ....................... 4/3/81, 46 FR 20164.

(11) Lead Plan ............................................... Statewide ................... 2/17/81 ....................... 10/22/81, 46 FR 

51742.

(12) CO Nonattainment Plan ......................... Wichita ....................... 4/16/81 ....................... 12/15/81, 46 FR 

61117.

(13) Air Monitoring Plan ................................. Statewide ................... 10/16/81 ..................... 1/22/82, 47 FR 3112.

(14) Letter and Supporting Documentation 

Relating to Reasonably Available Control 

Technology for Certain Particulate Matter 

Sources.

Kansas City ................ 9/15/81 ....................... 6/18/82, 47 FR 26387 Correction notice published 1/12/84. 

(15) Letter Agreeing to Follow EPA Interim 

Stack Height Policy for Each PSD Permit 

Issued Until EPA Revises the Stack Height 

Regulations.

Statewide ................... 6/20/84 ....................... 12/11/84, 49 FR 

48185.

(16) Letters Pertaining to Permit Fees .......... Statewide ................... 3/27/86, 9/15/87 ......... 12/21/87, 52 FR 

48265.

(17) Revisions to the Ozone Attainment Plan Kansas City ................ 7/2/86, 4/16/87, 8/18/ 

87, 8/19/87, 1/6/88.

5/18/88, 53 FR 17700.

(18) Revised CO Plan .................................... Wichita ....................... 3/1/85, 9/3/87 ............. 10/28/88, 53 FR 

43691.

(19) Letter Pertaining to the Effective Date of 

Continuous Emission Monitoring Regulations.

Statewide ................... 1/6/88 ......................... 11/25/88, 53 FR 

47690.

(20) Letters Pertaining to New Source Permit 

Regulations, Stack Height Regulations, 

and Stack Height Analysis and Negative 

Declarations.

Statewide ................... 3/27/86, 12/7/87, 1/6/ 

88.

4/20/89, 54 FR 15934.

(21) PM10 Plan ............................................... Statewide ................... 10/5/89, 10/16/89 ....... 1/16/90, 55 FR 1420.

(22) Ozone Maintenance Plan ....................... Kansas City ................ 10/23/91 ..................... 6/23/92, 57 FR 27936.

(23) Letter Pertaining to PSD NOX Requirements.Statewide ................... 9/15/92 ....................... 1/12/93, 58 FR 3847.

(24) Small Business Assistance Plan ............ Statewide ................... 1/25/94 ....................... 5/12/94, 59 FR 24644.

(25) Letter Regarding Compliance 

Verification Methods and Schedules Pertaining to the Board of Public Utilities 

Power Plants.

Kansas City ................ 12/11/92 ..................... 10/18/94, 59 FR 

52425.

(26) Emissions Inventory Update Including a 

Motor Vehicle Emissions Budget.

Kansas City ................ 5/11/95 ....................... 4/25/96, 61 FR 18251.

(27) Air monitoring plan ................................. Statewide ................... 1/6/02 ......................... 8/30/02, 67 FR 55726.

(28) Maintenance Plan for the 1-hour ozone 

standard in the Kansas portion of the Kansas City maintenance area for the second 

ten-year period.

Kansas City ................ 1/9/03 ......................... 1/13/04, 69 FR 1919.

(29) Revision to Maintenance Plan for the 1- 

hour ozone standard in the Kansas portion 

of the Kansas City maintenance area for 

the second ten-year period.

Kansas City ................ 2/10/06 ....................... 6/26/06, 71 FR 36213.

(30) CAA 110(a)(2)(D)(i) SIP—Interstate 

Transport.

Statewide ................... 1/7/07 ......................... 3/9/07, 72 FR 10608.

(31) Maintenance Plan for the 8-hour ozone 

standard in the Kansas portion of the Kansas City area.

Kansas City ................ 5/23/07 ....................... 8/9/07, 72 FR 44781. This plan replaces 

numbers (28) and 

(29). 


rwilkins on PROD1PC63 with RULES
15864 Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Rules and Regulations 

[FR Doc. E9–7959 Filed 4–7–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2008–0479; FRL–8775–5] 

Determination of Attainment of the 

One-Hour Ozone Standard for the 

Southern New Jersey Portion of the 

Philadelphia Metropolitan 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is determining that the 

one-hour ozone nonattainment area in 

Southern New Jersey, that is, the New 

Jersey portion of the PhiladelphiaWilmington-Trenton, PA-NJ-DE-MD 

area, attained the one-hour ozone 

standard, is not subject to the 

imposition of penalty fees under section 

185 of the Clean Air Act and does not 

need to implement contingency 

measures. Areas that EPA classified as 

severe ozone nonattainment areas for 

the one-hour National Ambient Air 

Quality Standard and did not attain the 

Standard by the applicable attainment 

date of November 15, 2005 may be 

subject to these penalty fees. However, 

since the air quality in the PhiladelphiaWilmington-Trenton area attained the 

ozone standard as of November 15, 

2005, this area will not need to 

implement this fee program. This is not 

a redesignation of atttainment for this 

area, only a fulfillment of a Clean Air 

Act obligation to determine if an area 

attained the ozone standard by its 

applicable attainment date. 

DATES: Effective Date: This rule is 

effective on May 8, 2009. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R02–OAR– 

2008–0479. All documents in the docket 

are listed on the http:// 

www.regulations.gov Web site. 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 either 

electronically through http:// 

www.regulations.gov or in hard copy at 

the Air Programs Branch, U.S. 

Environmental Protection Agency, 

Region 2, 290 Broadway, 25th Floor, 

New York, New York 10007–1866. To 

make your visit as productive as 

possible, contact the person listed in the 

FOR FURTHER INFORMATION CONTACT

section to schedule your inspection. The 

Regional Office’s official hours of 

business are Monday through Friday, 

8:30 to 4:30, excluding legal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Robert F. Kelly, Air Programs Branch, 

Environmental Protection Agency, 

Region 2, 290 Broadway, 25th Floor, 

New York, New York 10007–1866, 

telephone number (212) 637–4249, fax 

number (212) 637–3901, e-mail 

kelly.bob@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

EPA has determined that the New 

Jersey portion of the PhiladelphiaWilmington-Trenton, PA-NJ-DE-MD 

one-hour ozone nonattainment area (the 

‘‘Philadelphia metropolitan’’ 

nonattainment area) attained the onehour ozone National Ambient Air 

Quality Standard (NAAQS) by its 

attainment date, November 15, 2005. 

(The Philadelphia metropolitan 

nonattainment area consists of the 

following counties: Cecil County, 

Maryland; Kent and New Castle 

Counties in Delaware; Burlington, 

Camden, Cumberland, Gloucester, 

Mercer, and Salem Counties in New 

Jersey; and, Bucks, Chester, Delaware, 

Montgomery, and Philadelphia Counties 

in Pennsylvania.) As a result, EPA finds 

that this area is not subject to the 

imposition of the section 185 penalty 

fees and does not need to implement 

contingency measures. In a separate 

final rule at 73 FR 43360, EPA’s Region 

3 office found that the balance of the 

Philadelphia metropolitan 

nonattainment area attained the onehour ozone NAAQS by its applicable 

attainment date and is not subject to the 

imposition of section 185 penalty fees. 

Other specific requirements of the 

determination and the rationale for 

EPA’s proposed action are explained in 

the Proposed Rulemaking published on 

July 23, 2008 (73 FR 42727). The 

proposal was based on three years of 

complete, quality-assured ambient air 

quality monitoring data for 2003 

through 2005 ozone seasons. This 

determination of attainment is not a 

redesignation to attainment for this area. 

Persons seeking more information on 

this action should access EPA’s docket 

for this action at http:// 

www.regulations.gov, docket number 

EPA–R02–OAR–2008–0479. EPA 

received no comments on the proposed 

action. 

II. Final Action 

Based upon EPA’s review of the air 

quality data for the 3-year period 2003 

to 2005, EPA has determined that the 

New Jersey portion of the Philadelphia 

metropolitan area has attained the 1- 

hour ozone NAAQS by the applicable 

attainment date of November 15, 2005. 

EPA also has determined that this area 

is not subject to the imposition of the 

section 185 penalty fees. In addition, 

because the area has attained the onehour ozone NAAQS by the applicable 

attainment date, the area is not subject 

to the requirement to implement 

contingency measures for failure to 

attain the one-hour ozone NAAQS by its 

attainment date. Since the area has met 

its attainment deadline, even if the area 

subsequently lapses into nonattainment, 

it would not be required to implement 

the contingency measures for failure to 

attain the one-hour ozone NAAQS by its 

attainment date. 

III. Statutory and Executive Order 

Reviews 

This final action determines that an 

area has attained a previouslyestablished NAAQS based on an 

objective review of measured air quality 

data. Accordingly, this action merely 

affirms that state actions are meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this 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 


rwilkins on PROD1PC63 with RULES