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[Federal Register Volume 90, Number 9 (Wednesday, January 15, 2025)]
[Proposed Rules]
[Pages 3731-3734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31626]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2023-0462; FRL-11395-01-R7]

Air Plan Approval; Kansas; Annual Emission Inventory and Fees

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the State Implementation Plan (SIP) and Operating 
Permits Program and the 112(l)plan submitted by the State of Kansas on 
February 20, 2023. The revised Kansas rules update the Class I emission 
fee and emissions inventory regulations, establish a Class II fee 
schedule 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 February 14, 2025.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2023-0462 to 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 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: William Stone, Environmental 
Protection Agency, Region 7 Office, Air Permitting and Planning Branch, 
11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 
551-7714; email address: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to the EPA.

Table of Contents

I. Written Comments
II. What is being addressed in this document?
III. What operating permit plan revisions are being proposed by EPA?
IV. What SIP revisions are being proposed by EPA?
V. Have the requirements for approval of a SIP and the operating 
permit plan revisions been met?
VI. What action is the EPA taking?
VII. Incorporation by Reference
VIII. Statutory and Executive Order Reviews

I. Written Comments

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2023-
0462, at 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

[[Page 3732]]

additional submission methods, the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit www.epa.gov/dockets/commenting-epa-dockets.

II. What is being addressed in this document?

    The EPA is proposing to approve revisions to the Kansas SIP and the 
Operating Permits Program received on February 20, 2023.
    The revisions incorporate recent changes to Kansas Administrative 
Regulations (K.A.R.). The following regulations are amended:
     K.A.R. 28-19-517. Class I operating permits; annual 
emission inventory and fees.
     K.A.R. 28-19-546. Class II operating permits; annual 
emission inventory and fees. and
     K.A.R. 28-19-564. Class II operating permits; permits-by-
rule; sources with actual emissions less than 50 percent of major 
source thresholds.
    The revisions restructure and update the Kansas Class I Operating 
Permit Program fee schedule for calendar year 2025 and beyond to bring 
in adequate revenue to support the Class I Operating Permit Program and 
establish a fee schedule for the Class II Federally Enforceable State 
Operating Permit (FESOP) Program. EPA proposes to find that these 
revisions meet the requirements of the Clean Air Act, do not impact the 
stringency of the SIP, and do not adversely impact air quality. The 
full text of these changes can be found in the State's submission, 
which is included in the docket for this action.
    On November 26, 2024, Kansas requested that EPA exclude the term 
``electronically'' from two places in the February 20, 2023, submittal 
because KDHE's State and Local Emissions Inventory System (SLEIS) is 
not currently approved by the EPA to meet the Cross-Media Electronic 
Reporting Rule (CROMERR) at 40 CFR part 3.

III. What operating permit plan revisions are being proposed by EPA?

    The EPA is proposing to approve the following revision to the 
Operating Permit Program:
    K.A.R. 28-19-517. Class I operating permits; annual emission 
inventory and fees. The State amended K.A.R. 28-19-517(b) annual 
emission fee language to maintain the existing fee schedule of $1,000 
base fee or $53 per ton criteria emissions fee for calendar year 2022, 
2023 and 2024 and to establish a new fee schedule for calendar year 
2025 and each subsequent year to be the sum of the facility fee, the 
hazardous air pollutant (HAP) emissions fee, and the criteria emissions 
fee. The revisions to K.A.R. 28-19-517(b)(2)(A) maintains the minimum 
$1,000 facility fee, but applies it in addition to the revised criteria 
emissions fee and new hazardous air pollutant (HAP) fee; all applied in 
calendar year 2025 and beyond. The revision to K.A.R. 28-19-
517(b)(2)(B) establishes an annual hazardous air pollutant (HAP) fee of 
$80.00 per ton of total HAP emissions for calendar year 2025 and 
beyond. The revisions to K.A.R. 28-19-517(b)(2)(C) amends the existing 
criteria emissions fee from $53.00 (effective through calendar year 
2024) to $56.00 per ton of criteria emissions for calendar year 2025 
and beyond.
    EPA finds these changes meet the requirements of 40 CFR part 70 and 
do not negatively impact the stringency of the Operating Permit 
Program.

IV. What SIP revisions are being proposed by EPA?

    The EPA is proposing the following revisions to the Kansas SIP:
    K.A.R. 28-19-546. Class II operating permits; annual emission 
inventory and fees: The State amended K.A.R. 28-19-546 by adding new 
paragraphs (a) through (d) to align with the Class I annual emissions 
inventory and fee regulation K.A.R. 28-19-517. New paragraph (b) 
establishes annual emission fees beginning in calendar year 2025 of $56 
per ton of criteria emissions and $80 per ton of HAP emissions. New 
paragraph (c) describes the submittal requirements for both inventory 
and fees and new paragraph (d) adds late fee and refund language. EPA 
finds this change meets the requirements of CAA section 110 and does 
not negatively impact the stringency of the SIP.
    K.A.R. 28-19-564. Class II operating permits; permits-by-rule; 
sources with actual emissions less than 50 percent of major source 
thresholds: The State amended K.A.R. 28-19-564 paragraph (e) to require 
all permits-by-rule Class II sources and those with actual emissions 
less than 50 percent of major source thresholds to submit annual 
emissions inventory and fees by April 1 of each year (currently 
February 15) as required by the proposed K.A.R. 28-19-546. EPA finds 
this change meets the requirements of CAA section 110 and does not 
negatively impact the stringency of the SIP.

V. Have the requirements for approval of a SIP and the operating permit 
plan revisions been met?

    The State submission has met the public notice requirements for SIP 
submissions in accordance with 40 CFR 51.102. The submission also 
satisfied the completeness criteria of 40 CFR part 51, appendix V. The 
State provided public notice on this SIP revision from August 25, 2022, 
to November 3, 2022, and received four comments. Kansas did not revise 
the rule based on public comment prior to submitting to EPA, as noted 
in the State submission included in the docket for this action. In 
addition, as explained above the revision meets the substantive SIP 
requirements of the CAA, including section 110 and implementing 
regulations.

VI. What action is the EPA taking?

    We are processing this as a proposed action because we are 
soliciting comments on this proposed action. Final rulemaking will 
occur after consideration of any comments.

VII. Incorporation by Reference

    In this document, the EPA is proposing to include regulatory text 
in an EPA final rule that includes incorporation by reference. In 
accordance with requirements of 1 CFR 51.5, the EPA is finalizing the 
incorporation by reference of K.A.R. 28-19-546 and K.A.R. 28-19-564 as 
discussed in sections II and IV of this preamble and set forth below in 
the proposed amendments to 40 CFR part 52. The EPA has made, and will 
continue to make, these materials generally available through 
www.regulations.gov and at the EPA Region 7 Office (please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).

VIII. 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 Clean Air 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 Orders 12866 (58 
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
     Does not impose an information collection burden under the 
provisions

[[Page 3733]]

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 subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a State program;
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     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.
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian Tribe has 
demonstrated that a Tribe has jurisdiction. In those areas of Indian 
country, the rule 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).
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
Feb. 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on communities with environmental justice 
(EJ) concerns to the greatest extent practicable and permitted by law. 
Executive Order (E.O.) 14096 (Revitalizing Our Nation's Commitment to 
Environmental Justice for All, 88 FR 25251, April 26, 2023) builds on 
and supplements E.O. 12898 and defines EJ as, among other things, the 
just treatment and meaningful involvement of all people, regardless of 
income, race, color, national origin, or Tribal affiliation, or 
disability in agency decision-making and other Federal activities that 
affect human health and the environment.
    The Kansas Department of Health and Environment (KDHE) did not 
evaluate EJ considerations as part of its SIP submittal; the CAA and 
applicable implementing regulations neither prohibit nor require such 
an evaluation. EPA did not perform an EJ analysis and did not consider 
EJ in this action. Due to the nature of the action being taken here, 
this action is expected to have a neutral to positive impact on the air 
quality of the affected area. Consideration of EJ is not required as 
part of this action, and there is no information in the record 
inconsistent with the stated goal of E.O. 12898/14096 of achieving EJ 
for communities with EJ concerns.

List of Subjects

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.

40 CFR Part 70

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Operating permits, 
Reporting and recordkeeping requirements.

    Dated: December 30, 2024.
Meghan A. McCollister,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, the EPA proposes to amend 
40 CFR part 52 as set forth below:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart R--Kansas

0
2. In Sec.  52.870, the table in paragraph (c) is amended by revising 
the entries ``K.A.R. 28-19-546'' and ``K.A.R. 28-19-564'' to read as 
follows:

Sec.  52.870  Identification of plan.

* * * * *
    (c) * * *

                                         EPA-Approved Kansas Regulations
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                                                        State
       Kansas citation               Title         effective date   EPA approval date          Explanation
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       Kansas Department of Health and Environment Ambient Air Quality Standards and Air Pollution Control
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                                                  * * * * * * *
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                                           Class II Operating Permits
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                                                  * * * * * * *
K.A.R. 28-19-546............  Definitions Class        12/23/2022  [Date of             ........................
                               II operating                         publication of the
                               permits; annual                      final rule in the
                               emission inventory.                  Federal Register],
                                                                    [Federal Register
                                                                    citation of the
                                                                    final rule].
 
                                                  * * * * * * *
K.A.R. 28-19-564............  Permit-by-Rule;          12/23/2022  [Date of             ........................
                               Sources with                         publication of the
                               Actual Emissions                     final rule in the
                               Less Than 50                         Federal Register],
                               Percent of Major                     [Federal Register
                               Source Thresholds.                   citation of the
                                                                    final rule].
 
                                                  * * * * * * *
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PART 70--STATE OPERATING PERMIT PROGRAMS

0
3. The authority citation for part 70 continues to read as follows:

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

0
4. Appendix A to part 70 is amended by adding paragraph (h) under 
``Kansas'' to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating 
Permits Programs

* * * * *

Kansas

* * * * *
    (h) The Kansas Department of Health and Environment submitted 
revisions to Kansas rules K.A.R. 28-19-517, on February 20, 2023. 
The State effective date is December 23, 2022. This revision is 
effective [30 days after date of publication of the final rule in 
the Federal Register].
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[FR Doc. 2024-31626 Filed 1-14-25; 8:45 am]
BILLING CODE 6560-50-P
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