[Federal Register Volume 61, Number 20 (Tuesday, January 30, 1996)]
[Rules and Regulations]
[Pages 2938-2939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1722]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70

[KS001; AD-FRL-5407-8]


Clean Air Act (CAA) Final Full Approval of Operating Permits 
Programs; State of Kansas, and Delegation of 112(l) Authority

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final full approval.

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SUMMARY: The EPA is fully approving the operating permits program 
submitted by the state of Kansas for the purpose of complying with 
Federal requirements for an approvable state program to issue operating 
permits to all major stationary sources and certain other sources. EPA 
is also approving, under section 112(l), the state program for 
accepting delegation of section 112 standards to enforce air toxics 
regulations.

EFFECTIVE DATE: February 29, 1996.

ADDRESSES: Copies of the state's submittal and other supporting 
information used in developing the final full approval are available 
for inspection during normal business hours at the following location: 
EPA Region VII, 726 Minnesota Avenue, Kansas City, Kansas 66101.

FOR FURTHER INFORMATION CONTACT: Wayne A. Kaiser at (913) 551-7603.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

    Title V of the 1990 Clean Air Act Amendments (sections 501-507 of 
the Clean Air Act (``the Act'')), and implementing regulations at 40 
Code of Federal Regulations (CFR) Part 70, require that states develop 
and submit operating permits programs to EPA by November 15, 1993, and 
that EPA act to approve or disapprove each program within one year 
after receiving the submittal. The EPA's program review occurs pursuant 
to section 502 of the Act and the Part 70 regulations, which together 
outline criteria for approval or disapproval.
    On July 3, 1995, EPA proposed full approval of the operating 
permits program for Kansas (60 FR 34493). No public comments were 
received. In this notice, EPA is taking final action to promulgate full 
approval of the operating permits program for the state of Kansas, 
including delegation of 112(l) authority.

II. Final Action and Implications

A. Fulfillment of EPA Requested Modifications

    The July 3, 1995, Federal Register notice proposing approval of the 
Kansas program discussed three areas of the Kansas program which 
required additional action prior to qualifying for full approval. The 
state needed to: (1) modify certain regulations to ensure that they 
were consistent with Part 70, (2) submit an Implementation Agreement 
(I.A.) which describes certain provisions for state implementation of 
the Part 70 program, and (3) submit an insignificant activities list. 
The July 3, 1995, Federal Register notice and the Technical Support 
Document for the notice describe in detail the changes in the program 
required for full approval. The reader should refer to those documents 
for a complete description of the changes required by Kansas.
    The state of Kansas has satisfied the requirements for full program 
approval as described in the notice proposing approval. The required 
revisions were made to rules K.A.R. 28-19-7, K.A.R. 28-19-511, K.A.R. 
28-19-512, and K.A.R. 28-19-518. The rule revisions were adopted by the 
Secretary of the Kansas Department of Health and Environment (KDHE) on 
November 14, 1995, and were effective December 8, 1995. The state also 
submitted an I.A. which satisfactorily addresses the deficiencies 
described in the notice which were to be addressed in the I.A. The 
state also submitted an adequate insignificant activities list.
    The I.A. includes a commitment that the permitting agency will not 
exercise its authority under state law to grant a variance from the 
duty to comply with a federally enforceable Part 70 permit, except 
where such relief is granted through procedures allowed by Part 70. 
Therefore, the state variance provision is not part of the Kansas Title 
V program.

B. Final Action

    The EPA is promulgating full approval of the operating permits 
program submitted to EPA by the state of Kansas on December 12, 1994, 
with supplemental submissions on April 7 and 17, 1995; November 14, 
1995; and December 13, 1995. Among other things, the state of Kansas 
has demonstrated its program meets the minimum elements of a state 
operating permits program as specified in 40 CFR Part 70.
    1. Regulations. This approval includes the following regulations 
adopted by the KDHE as they relate to the Kansas Class I operating 
permit program: K.A.R. 28-19-7, General provisions, definitions; K.A.R. 
28-19-202, Annual emissions fee; K.A.R. 28-19-204, General provisions, 
permit issuance and modification, public participation; K.A.R. 28-19-
400 through -404, General permits; K.A.R. 28-19-500 through -502, 
Operating permits; and K.A.R. 28-19-510 through -518, Class I operating 
permits.
    2. Jurisdiction. The scope of the Part 70 program approved in this 
notice applies to all Part 70 sources (as defined in the approved 
program), within the state of Kansas, except any sources of air 
pollution over which an Indian Tribe has jurisdiction. See 59 FR 55813, 
55815-18 (November 9, 1994). The term ``Indian Tribe'' is defined under 
the Act as ``any Indian Tribe, Band, Nation, or other organized group 
or community, including any Alaska Native village, which is Federally 
recognized as eligible for the special programs and services provided 
by the United States to Indians, because of their status as Indians.'' 
See section 302(r) of the CAA; 

[[Page 2939]]
59 FR 43956, 43962 (August 25, 1994); 58 FR 54364 (October 21, 1993).
    3. CAA section 112(l). Requirements for approval, specified in 40 
CFR 70.4(b), encompass section 112(l)(5) requirements for approval of a 
program for delegation of section 112 standards as promulgated by EPA 
as they apply to Part 70 sources. Section 112(l)(5) requires that the 
state's program contain adequate authorities, adequate resources for 
implementation, and an expeditious compliance schedule, which are also 
requirements under Part 70. Therefore, the EPA is also approving under 
section 112(l)(5) and 40 CFR 63.91 the state's program for receiving 
delegation of section 112 standards for both Part 70 and non-Part 70 
sources that are unchanged from Federal standards as promulgated.
    4. CAA section 112(g). The EPA issued an interpretive notice on 
February 14, 1995 (60 FR 8333), which outlines EPA's revised 
interpretation of 112(g) applicability. The notice postpones the 
effective date of 112(g) until after EPA has promulgated a rule 
addressing that provision. The notice sets forth in detail the 
rationale for the revised interpretation.
    The section 112(g) interpretive notice explains that EPA is still 
considering whether the effective date of section 112(g) should be 
delayed beyond the date of promulgation of the Federal rule so as to 
allow states time to adopt rules implementing the Federal rule, and 
that EPA will provide for any such additional delay in the final 
section 112(g) rulemaking. Unless and until EPA provides for such an 
additional postponement of section 112(g), Kansas must have a Federally 
enforceable mechanism for implementing section 112(g) during the period 
between promulgation of the Federal section 112(g) rule and adoption of 
implementing Federal regulations.
    The EPA is aware that Kansas lacks a program designed specifically 
to implement section 112(g). However, Kansas does have a 
preconstruction review program that can serve as an adequate 
implementation vehicle during the transition period, because it would 
allow Kansas to select control measures that would meet Maximum 
Available Control Technology, as defined in section 112, and 
incorporate these measures into a Federally enforceable preconstruction 
permit.
    EPA is approving Kansas' preconstruction permitting program under 
the authority of Title V and Part 70, solely for the purpose of 
implementing section 112(g) to the extent necessary, during the 
transition period between 112(g) promulgation and adoption of a state 
rule implementing EPA's section 112(g) regulations. Although section 
112(l) generally provides authority for approval of state air programs 
to implement section 112(g), Title V and section 112(g) provide for 
this limited approval because of the direct linkage between the 
implementation of section 112(g) and Title V.
    The scope of this approval is narrowly limited to section 112(g), 
and does not confer or imply approval for purposes of any other 
provision under the Act (e.g., section 110). This approval will be 
without effect, if EPA decides in the final section 112(g) rule that 
sources are not subject to the requirements of the rule until state 
regulations are adopted. The duration of this approval is limited to 18 
months following promulgation by EPA of the 112(g) rule to provide 
adequate time for the state to adopt regulations consistent with the 
Federal requirements.

III. Administrative Requirements

A. Docket

    Copies of the state submittal and other information relied upon for 
the final full approval are contained in a docket maintained at the EPA 
Regional Office. The docket is an organized and complete file of all 
the information submitted to, or otherwise considered by, EPA in the 
development of this final full approval. The docket is available for 
public inspection at the location listed under the ADDRESSES section of 
this document.

B. Executive Order 12866

    The Office of Management and Budget has exempted this action from 
Executive Order 12866 review.

C. Regulatory Flexibility Act

    The EPA's actions under section 502 of the Act do not create any 
new requirements, but simply address operating permits programs 
submitted to satisfy the requirements of 40 CFR Part 70. Because this 
action does not impose any new requirements, it does not have a 
significant impact on a substantial number of small entities.

D. Unfunded Mandates

    Under sections 202, 203, and 205 of the Unfunded Mandates Reform 
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 
1995, EPA must undertake various actions in association with proposed 
or final rules that include a Federal mandate that may result in 
estimated costs of $100 million or more to the private sector, or to 
state, local, or tribal governments in the aggregate.
    Through submission of these operating permit programs, the state of 
Kansas has elected to adopt the program provided for under Title V of 
the CAA. These rules bind the state to perform certain actions and also 
require the private sector to perform certain duties.
    To the extent that the rules being proposed for approval by this 
action will impose new requirements, sources are already subject to 
these regulations under state law. EPA has determined that this 
proposed action does not include a mandate that may result in estimated 
costs of $100 million or more to state, local, or tribal governments in 
the aggregate or to the private sector.

List of Subjects in 40 CFR Part 70

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

    Dated: December 18, 1995.
Dennis Grams,
Regional Administrator.

    Part 70, title 40 of the Code of Federal Regulations is amended as 
follows:

PART 70--[AMENDED]

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

    Authority: 42 U.S.C. 7401--7671q.

    2. Appendix A to part 70 is amended by adding the entry for Kansas 
to read as follows:

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

* * * * *
Kansas
    (a) The Kansas Department of Health and Environment program 
submitted on December 12, 1994; April 7 and 17, 1995; November 14, 
1995; and December 13, 1995. Full approval effective on February 29, 
1996.
    (b) [Reserved.]
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[FR Doc. 96-1722 Filed 1-29-96; 8:45 am]
BILLING CODE 6560-50-P