7468 Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Rules and Regulations 

■ 3. In § 52.1031, Table 52.1031 is 

amended by adding a new entry for state 

citation Chapter 139 to read as follows: 

§ 52.1031 EPA-approved Maine 

regulations. 

* * * * * 

TABLE 52.1031.—EPA-APPROVED RULES AND REGULATIONS

State 

citation Title/subject 

Date 

adopted by 

State 

Date 

approved 

by EPA 

Federal Register citation 52.1020 

* * * * * * * 

139 ........... Transportation Conformity ........ 9/19/07 2/08/08 [Insert Federal Register page 

number where the document 

begins].

(c) 64 

* * * * * * * 

Note.—1. The regulations are effective statewide unless stated otherwise in comments section. 

[FR Doc. E8–2247 Filed 2–7–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 70 

[EPA–R07–OAR–2007–0829; FRL–8526–2] 

Approval and Promulgation of 

Implementation Plans and Operating 

Permits Program; State of Kansas 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a revision to 

the Kansas State Implementation Plan 

(SIP) for the purpose of revoking the 

Sulfur Compound Emissions rule and 

for the purpose of approving revisions 

to the Class I major source operating 

permit annual emissions inventory rule 

and several Class II minor source 

operating permits rules. 

EPA is also approving an additional 

submittal by the State of Kansas 

pertaining to amendments of the Class 

II operating permit rules which were 

amended by the Kansas Department of 

Health and Environment (KDHE) on 

February 20, 1998, but had not 

previously been submitted for EPA 

approval. In addition, EPA is approving 

a revision to the Class II operating 

permit rules adopted in 2005. The Class 

II operating permit rules were primarily 

revised to align the annual emission 

inventory reporting date deadline with 

the June 1 payment of Annual 

Emissions Fee rule. 

EPA approval will ensure consistency 

between the state and the Federallyapproved rules. 

DATES: This direct final rule will be 

effective April 8, 2008, without further 

notice, unless EPA receives adverse 

comment by March 10, 2008. If adverse 

comment is received, EPA will publish 

a timely withdrawal of the direct final 

rule in the Federal Register informing 

the public that the rule will not take 

effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07–

OAR–2007–0829, by one of the 

following methods: 

1. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: grier.gina@epa.gov. 

3. Mail: Gina Grier, Environmental 

Protection Agency, Air Planning and 

Development Branch, 901 North 5th 

Street, Kansas City, Kansas 66101. 

4. Hand Delivery or Courier. Deliver 

your comments to Gina Grier, 

Environmental Protection Agency, Air 

Planning and Development Branch, 901 

North 5th Street, Kansas City, Kansas 

66101. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–OAR–2007–

0829. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through http:// 

www.regulations.gov or e-mail 

information that you consider to be CBI 

or otherwise protected. The http:// 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD-ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: 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, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in http:// 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Air Planning and Development Branch, 

901 North 5th Street, Kansas City, 

Kansas 66101. The Regional Office’s 

official hours of business are Monday 

through Friday, 8 to 4:30 excluding 

Federal 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: Gina 

Grier at (913) 551–7078 or by e-mail at 

grier.gina@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. This section provides additional 

information by addressing the following 

questions: 

What is a SIP? 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Rules and Regulations 7469 

What is the Federal approval process for a 

SIP? 

What does Federal approval of a state 

regulation mean to me? 

What is the Part 70 operating permits 

program? 

What is the Federal approval process for an 

operating permits program? 

What is being addressed in this document? 

Have the requirements for approval of a SIP 

revision and a Part 70 revision been met? 

What action is EPA taking? 

What is a SIP? 

Section 110 of the Clean Air Act 

(CAA) requires states to develop air 

pollution regulations and control 

strategies to ensure that state air quality 

meets the national ambient air quality 

standards established by EPA. These 

ambient standards are established under 

section 109 of the CAA, and they 

currently address six criteria pollutants. 

These pollutants are: carbon monoxide, 

nitrogen dioxide, ozone, lead, 

particulate matter, and sulfur dioxide. 

Each state must submit these 

regulations and control strategies to us 

for approval and incorporation into the 

Federally-enforceable SIP. 

Each Federally-approved SIP protects 

air quality primarily by addressing air 

pollution at its point of origin. These 

SIPs can be extensive, containing state 

regulations or other enforceable 

documents and supporting information 

such as emission inventories, 

monitoring networks, and modeling 

demonstrations. 

What is the Federal approval process 

for a SIP? 

In order for state regulations to be 

incorporated into the Federallyenforceable SIP, states must formally 

adopt the regulations and control 

strategies consistent with state and 

Federal requirements. This process 

generally includes a public notice, 

public hearing, public comment period, 

and a formal adoption by a stateauthorized rulemaking body. 

Once a state rule, regulation, or 

control strategy is adopted, the state 

submits it to us for inclusion into the 

SIP. We must provide public notice and 

seek additional public comment 

regarding the proposed Federal action 

on the state submission. If adverse 

comments are received, they must be 

addressed prior to any final Federal 

action by us. 

All state regulations and supporting 

information approved by EPA under 

section 110 of the CAA are incorporated 

into the Federally-approved SIP. 

Records of such SIP actions are 

maintained in the Code of Federal 

Regulations (CFR) at title 40, part 52, 

entitled ‘‘Approval and Promulgation of 

Implementation Plans.’’ The actual state 

regulations which are approved are not 

reproduced in their entirety in the CFR 

outright but are ‘‘incorporated by 

reference,’’ which means that we have 

approved a given state regulation with 

a specific effective date. 

What does Federal approval of a state 

regulation mean to me? 

Enforcement of the state regulation 

before and after it is incorporated into 

the Federally-approved SIP is primarily 

a state responsibility. However, after the 

regulation is Federally approved, we are 

authorized to take enforcement action 

against violators. Citizens are also 

offered legal recourse to address 

violations as described in section 304 of 

the CAA. 

What is the Part 70 operating permits 

program? 

The CAA Amendments of 1990 

require all states to develop operating 

permits programs that meet certain 

Federal criteria. In implementing this 

program, the states are to require certain 

sources of air pollution to obtain 

permits that contain all applicable 

requirements under the CAA. One 

purpose of the part 70 operating permits 

program is to improve enforcement by 

issuing each source a single permit that 

consolidates all of the applicable CAA 

requirements into a Federallyenforceable document. By consolidating 

all of the applicable requirements for a 

facility into one document, the source, 

the public, and the permitting 

authorities can more easily determine 

what CAA requirements apply and how 

compliance with those requirements is 

determined. 

Sources required to obtain an 

operating permit under this program 

include ‘‘major’’ sources of air pollution 

and certain other sources specified in 

the CAA or in our implementing 

regulations. For example, all sources 

regulated under the acid rain program, 

regardless of size, must obtain permits. 

Examples of major sources include 

those that emit 100 tons per year or 

more of volatile organic compounds, 

carbon monoxide, lead, sulfur dioxide, 

nitrogen dioxide, or PM10; those that 

emit 10 tons per year of any single 

hazardous air pollutant (HAP) 

(specifically listed under the CAA); or 

those that emit 25 tons per year or more 

of a combination of HAPs. 

Revisions to the state operating 

permits program are also subject to 

public notice, comment, and our 

approval. 

What is the Federal approval process 

for an operating permits program? 

In order for state regulations to be 

included in the Federally-enforceable 

Title V operating permits program, 

states must formally adopt regulations 

consistent with state and Federal 

requirements. This process generally 

includes a public notice, public hearing, 

public comment period, and a formal 

adoption by a state-authorized 

rulemaking body. 

Once a state rule, regulation, or 

control strategy is adopted, the state 

submits it to us for inclusion into the 

approved operating permits program. 

We must provide public notice and seek 

additional public comment regarding 

the proposed Federal action on the state 

submission. If adverse comments are 

received, they must be addressed prior 

to any final Federal action by us. 

All state regulations and supporting 

information approved by EPA under 

section 502 of the CAA, including 

revisions to the state program, are 

included in the Federally-approved 

operating permits program. Records of 

such actions are maintained in the CFR 

at Title 40, part 70, appendix A, entitled 

‘‘Approval Status of State and Local 

Operating Permits Programs.’’

What is being addressed in this 

document? 

Revocation of Sulfur Compounds 

Emissions Rule 

EPA is approving the revocation of 

the Kansas for Sulfur Compound 

Emissions rule, K.A.R. 28–19–22. The 

rule, which is related to emissions of 

sulfur compounds, and was originally 

adopted in 1972, established limitations 

for sulfur oxides emissions from 

primary nonferrous (i.e., lead and zinc) 

smelters, and prohibited emission or 

combustion of process gas streams (such 

as those found at petroleum refineries) 

containing hydrogen sulfide above the 

specified limits. Subsequent to the 

adoption of this rule and its inclusion 

into the SIP, the lead and zinc smelters 

in Kansas subject to this rule have 

ceased to operate, and refineries once 

potentially subject to this rule are now 

subject to more stringent requirements 

for sulfur emissions under the new 

source performance standards (NSPS). 

The Kansas Department of Health and 

Environment has determined that the 

sulfur rule may be revoked without 

adverse impact on air quality. 

EPA’s review of the material 

submitted indicates the state has 

amended the air quality rules in 

accordance with the requirements of the 

Clean Air Act. State action to revoke the 

sulfur rule and to change the inventory 


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7470 Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Rules and Regulations 

regulations does not impair its ability to 

protect the NAAQS. Language in both 

1998 and 2005 permit-by-rule revisions 

was clarified and rearranged but there 

were no substantive changes of the 

requirements. We have reviewed the 

information submitted by Kansas in 

support of this determination and agree 

with this conclusion. 

Revisions to Class I and Class II 

Operating Permit Rules for 1998 and 

2005 Submissions 

Six of the regulations proposed for 

amendment consist of the operating 

permit regulations principally 

concerning the emission inventory 

requirements, and permit-by-rules 

which include a due date for inventory 

submittals. The time for filing the 

reports was set in the 1998 amendments 

as June 1 of each year. 

In the 2005 revisions for Class II 

permit-by-rule regulations, K.A.R. 28–

19–561 through 28–19–563, changes 

were made so that these rules were 

consistent with the provisions of the 

Class II inventory regulation, K.A.R. 28–

19–546. (i.e., instead of specifying the 

due date in the permit-by-rule 

regulations, the regulations will now 

reference the date set by K.A.R. 28–19–

546, so that only one rule will require 

revision to accomplish the change.) This 

reference changed the submittal date 

back to April 1 of each year, to decrease 

the short-term surge of combined Class 

I and Class II submittals and alleviate 

the workload for KDHE staff. 

The 2005 revision to K.A.R. 28–19–

517, annual emissions inventories for 

the Class I operating permits clarifies 

that under the circumstance that June 1 

falls on a weekend or holiday, the 

deadline for application submittal will 

fall on the next business day (Title V). 

The 2005 revision to K.A.R. 28–19–

542, reporting requirements for sources 

operating under a permit-by-rule has 

been updated to cross-reference a 

recently adopted permit-by-rule, K.A.R. 

28–19–564. EPA previously approved 

rule K.A.R. 28–19–564 (SIP). 

In the 1998 revision, K.A.R. 28–19–

546, annual emission inventory, 

requirements for Class II operating 

permits was amended to change the 

annual emissions inventory reporting 

date for owners and operators of 

stationary sources operating under Class 

II operating permits from April 1 to June 

1, to comply with the change in the 

payment date from April 1 to June 1 

(SIP). The 2005 revision was revised to 

modify the date from June 1 back to 

April 1. The rule also clarified that if 

April 1 falls on a weekend or holiday, 

the deadline for application submittal 

will fall on the next business day (SIP). 

The 1998 revision to K.A.R. 28–19–

561, reciprocating engines under a 

permit-by-rule, was amended to change 

the annual emissions inventory 

reporting date for owners and operators 

of stationary sources operating under 

Class II operating permits from April 1 

to June 1, and include language to 

define the time period requirements for 

record retention. K.A.R. 28–19–546 was 

revised to change the date back to April 

1 and additional amendments were 

made to clarify that the requirements to 

develop compliance plans are not 

triggered by paperwork violations, but 

only by the operation of a source at a 

level exceeding the defined levels of the 

regulation (SIP). 

In the 2005 revision to K.A.R. 28–19–

561, reciprocating engines, K.A.R. 28–

19–546 was referenced and changes 

stipulate that the requirements will 

apply to stationary reciprocating 

engines with a capacity equal to or 

greater than 730 horsepower, 550 

kilowatts, or 5.1 million Btu per hour 

fuel input. A source with less capacity 

shall be presumed to have a potentialto-emit less than 100 tons of regulated 

pollutant per year (SIP). 

In the 1998 revisions for K.A.R. 28–

19–562, organic solvent evaporative 

sources under a permit-by-rule, was 

amended to change the annual 

emissions inventory reporting date for 

owners and operators of stationary 

sources operating under Class II 

operating permits from April 1, to June 

1, and include language to define the 

time period requirements for record 

retention (SIP). In the 2005 revisions, 

K.A.R. 28–19–562, organic solvent 

evaporative sources order was 

rearranged, but the emission levels and 

requirements of the rule were retained 

(SIP). K.A.R. 28–19–546 was also 

referenced. 

In the revisions for 1998 K.A.R. 28–

19–563, hot asphalt facilities permit-byrule was amended to change the annual 

emissions inventory reporting date for 

owners and operators of stationary 

sources operating under Class II 

operating permits from April 1, to June 

1, and include language to define the 

time period requirements for record 

retention (SIP). In the 2005 revisions, 

K.A.R. 28–19–546 was revised to change 

the date submittal back to April 1 and 

the rule was rearranged, but the 

emission levels and requirements of the 

rule were retained (SIP). 

The 2005 revisions for Class II permitby-rule regulations were changed to 

make these rules consistent with the 

provisions of the Class II inventory 

regulation. Grammatical revisions are 

also proposed to better conform to the 

Department of Administration’s 

requirements. 

While not a part of the SIP, and 

therefore not a component of this SIP 

revision, it should be noted that the 

Class III operating permit regulations 

(K.A.R. 28–19–575 through 578) were 

also revoked and the revocation was 

part of the same hearing as for these SIP 

regulations. 

Have the requirements for approval of 

a SIP revision and a Part 70 revision 

been met? 

The state submittal has met the public 

notice requirements for SIP submissions 

in accordance with 40 CFR 51.102. The 

submittal also satisfied the 

completeness criteria or 40 CFR part 51, 

appendix V. In addition, as explained 

above and in more detail in the 

Technical Support Document that is 

part of this docket, the revisions meet 

the substantive SIP requirements of the 

CAA, including section 110 and 

implementing regulations. Finally, the 

submittal met the substantive 

requirements of Title V of the 1990 CAA 

Amendments and 40 CFR part 70. 

EPA’s review of the material 

submitted indicates the state has 

amended the air quality rules in 

accordance with the requirements of the 

Clean Air Act. Revisions to revoke the 

sulfur rule and to change the inventory 

regulations do not interfere with 

attainment of the NAAQS. Language in 

the permit-by-rule revisions was 

rearranged but had no substantive 

changes of the requirements. 

What action is EPA taking? 

We are processing this action on the 

State’s amendments to the SIP approved 

rules and the 40 CFR part 70 operating 

permit program as a direct final action 

because the revisions make routine 

changes to the existing rules which are 

noncontroversial. Therefore, we do not 

anticipate any adverse comments. 

Please note that if EPA receives adverse 

comment on part of this rule and if that 

part can be severed from the remainder 

of the rule, EPA may adopt as final 

those parts of the rule that are not the 

subject of an adverse comment. 

Statutory and Executive Order Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Rules and Regulations 7471 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it 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). 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

approves a state rule implementing a 

Federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

CAA. This rule also is not subject to 

Executive Order 13045, ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it approves a 

state rule implementing a Federal 

standard. 

In reviewing SIP and Title V 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the CAA. In this context, 

in the absence of a prior existing 

requirement for the State to use 

voluntary consensus standards (VCS), 

EPA has no authority to disapprove a 

SIP submission for failure to use VCS. 

It would thus be inconsistent with 

applicable law for EPA, when it reviews 

a SIP submission, to use VCS in place 

of a SIP submission that otherwise 

satisfies the provisions of the CAA. 

Thus, the requirements of section 12(d) 

of the National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This rule does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

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 rule 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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by April 8, 2008. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule 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 

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 

Administrative practice and 

procedure, Air pollution control, 

Intergovernmental relations, Operating 

permits, Reporting and recordkeeping 

requirements. 

Dated: January 28, 2008. 

John B. Askew, 

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 the table in paragraph 

(c) is amended by: 

■ a. Removing the entry for K.A.R. 28–

19–22 under Processing Operation 

Emissions; 

■ b. Revising the entries for K.A.R. 28–

19–542; 28–19–546, 28–19–561; 28–19–

562 and 28–19–563 to read as follows: 

§ 52.820 Identification of plan. 

* * * * * 

(c) * * * 

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 

* * * * * * * 

Class II Operating Permits 

* * * * * * * 

K.A.R. 28–19–542 Permit-By-Rule ......................................................... 09/23/2005 02/08/2008 [insert FR 

page number where 

the document begins].

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


jlentini on PROD1PC65 with RULES
7472 Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Rules and Regulations 

EPA-APPROVED KANSAS REGULATIONS—Continued 

Kansas citation Title State effective date EPA approval date Explanation 

* * * * * * * 

K.A.R. 28–19–546 Annual Emission Inventory ...................................... 09/23/2005 02/08/2008 [insert FR 

page number where 

the document begins].

K.A.R. 28–19–561 Permit-by-Rule; Reciprocating Engines ................... 09/23/2005 02/08/2008 [insert FR 

page number where 

the document begins].

K.A.R. 28–19–562 Permit-by-Rule; Organic Solvent Evaporative 

Sources.

09/23/2005 02/08/2008 [insert FR 

page number where 

the document begins].

K.A.R. 28–19–563 Permit-by-Rule; Hot Mix Asphalt Facilities .............. 09/23/2005 02/08/2008 [insert FR 

page number where 

the document begins].

* * * * * * * 

* * * * * 

PART 70—[AMENDED] 

■ 3. The authority citation for part 70 

continues to read as follows: 

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

■ 4. Appendix A to part 70 is amended 

by adding paragraph (d) under ‘‘Kansas’’

to read as follows: 

Appendix A to Part 70—Approval 

Status of State and Local Operating 

Permits Programs 

* * * * * 

Kansas 

* * * * * 

(d) The Kansas Department of Health 

and Environment submitted for program 

approval rule K.A.R. 28–19–517 on 

January 27, 2006. The state effective 

date was September 23, 2005. This 

revision to the Kansas program is 

approved effective April 8, 2008. 

* * * * * 

[FR Doc. E8–2189 Filed 2–7–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2002–0201; FRL–8342–4] 

Inert ingredients: Denial of Pesticide 

Petitions 2E6491 (N-Acyl Sarcosines 

and Sodium N-Acyl Sarcosinates), 

7E4810 (Crezasin), and 7E4811 (Mival) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is denying three 

petitions to amend or establish 

exemptions from pesticide tolerances 

because insufficient data were available 

to the Agency to make the safety finding 

of FFDCA section 408(c)(2): PP 2E6491 

submitted by Hampshire Chemical 

Corporation to amend the inert 

ingredient tolerance exemption under 

40 CFR 180.1207 for certain N-acyl 

sarcosines and sodium N-acyl 

sarcosinates, and PP 7E4810 (Crezasin) 

and PP 7E4811 (Mival) submitted by 

Globe Tech Industries Corporation to 

establish an inert ingredient tolerance 

exemption under § 180.920. 

DATES: This regulation is effective 

February 8, 2008. Objections and 

requests for hearings must be received 

on or before April 8, 2008, and must be 

filed in accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION. 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ–

OPP–2002–0201. To access the 

electronic docket, go to http:// 

www.regulations.gov, select ‘‘Advanced 

Search,’’ then ‘‘Docket Search.’’ Insert 

the docket ID number where indicated 

and select the ‘‘Submit’’ button. Follow 

the instructions on the regulations.gov 

website to view the docket index or 

access available documents. All 

documents in the docket are listed in 

the docket index available in 

regulations.gov. Although listed in the 

index, some information is not publicly 

available, e.g., Confidential Business 

Information (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 in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S–

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305–

5805. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen Martin, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–2857; e-mail address: 

martin.kathleen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to, those engaged in the 

following activities: 

• Crop production (NAICS code 111), 

e.g., agricultural workers; greenhouse, 

nursery, and floriculture workers; 

farmers. 

• Animal production (NAICS code 

112), e.g., cattle ranchers and farmers, 

dairy cattle farmers, livestock farmers. 

• Food manufacturing (NAICS code 

311), e.g., agricultural workers; farmers; 

greenhouse, nursery, and floriculture 

workers; ranchers; pesticide applicators. 

• Pesticide manufacturing (NAICS 

code 32532), e.g., agricultural workers; 

commercial applicators; farmers; 

greenhouse, nursery, and floriculture 

workers; residential users. 

This listing is not intended to be 

exhaustive, but rather to provide a guide 

for readers regarding entities likely to be 


jlentini on PROD1PC65 with RULES