2938 Federal Register / Vol. 61, No. 20 / Tuesday, January 30, 1996 / Rules and Regulations

VIRGINIA-CARBON MONOXIDE

Designated area

Designation Classification

Date 1 Type Date 1 Type

Washington area:

Alexandria .................................................................................................... Attainment .....................

Arlington County .......................................................................................... Attainment .....................

* * * * * * *

1This date is November 15, 1990, unless otherwise noted.

* * * * *

[FR Doc. 96–1592 Filed 1–29–96; 8:45 am]

BILLING CODE 6560–50–P

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.

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;
Federal Register / Vol. 61, No. 20 / Tuesday, January 30, 1996 / Rules and Regulations 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.]

* * * * *

[FR Doc. 96–1722 Filed 1–29–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 81

[Region II Docket No.147; NJ24–1–7249a,

FRL–5404–8]

Air Quality Designations: Deletion of

TSP Designations From New Jersey,

New York, Puerto Rico and Virgin

Islands

AGENCY: Environmental Protection

Agency (EPA).