Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations 44103 

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. Section 804, 

however, exempts from section 801 the 

following types of rules: Rules of 

particular applicability; rules relating to 

agency management or personnel; and 

rules of agency organization, procedure, 

or practice that do not substantially 

affect the rights or obligations of nonagency parties. 5 U.S.C. 804(3). Because 

this is a rule of particular applicability, 

EPA is not required to submit a rule 

report regarding this action under 

section 801. 

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 November 20, 

2017. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action 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 in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: September 7, 2017. 

Deborah A. Szaro, 

Acting Regional Administrator, EPA New 

England. 

Part 52 of chapter I, title 40 of the 

Code of Federal Regulations is amended 

as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart OO—Rhode Island 

■ 2. In § 52.2070, the table in paragraph 

(d) is amended by: 

■ a. Removing the entry ‘‘TillotsonPearson in Warren, Rhode Island’’. 

■ b. Adding the entry ‘‘US Watercraft, 

LLC in Warren, Rhode Island’’ to the 

end of the table. 

The addition reads as follows: 

§ 52.2070 Identification of plan. 

* * * * * 

(d) * * * 

EPA-APPROVED RHODE ISLAND SOURCE SPECIFIC REQUIREMENTS

Name of source Permit No. State effective date EPA approval date Explanations 

*******

US Watercraft, LLC in Warren, Rhode Island.File No. 01–05–AP ........... 7/16/2003 and 2/11/2004 .. 9/21/2017, [insert Federal 

Register citation].

VOC RACT approval and 

amendment. 

* * * * * 

[FR Doc. 2017–20164 Filed 9–20–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2017–0512; FRL–9967–97– 

Region 7] 

Approval of Kansas Air Quality State 

Implementation Plans; Construction 

Permits and Approvals Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the 

Kansas State Implementation Plan (SIP) 

and the 112(l) program. The submission 

revises Kansas’ construction permit 

rules. Specifically, these revisions 

implement the revised National 

Ambient Air Quality Standard (NAAQS) 

for fine particulate matter; clarify and 

refine applicable criteria for sources 

subject to the construction permitting 

program; update the construction 

permitting program fee structure and 

schedule; and make minor revisions and 

corrections. Approval of these revisions 

will not impact air quality, ensures 

consistency between the State and 

Federally-approved rules, and ensures 

Federal enforceability of the State’s 

rules. 

DATES: This direct final rule will be 

effective November 20, 2017, without 

further notice, unless EPA receives 

adverse comment by October 23, 2017. 

If EPA receives adverse comment, we 

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–2017–0512, to https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

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. 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 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Deborah Bredehoft, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 

(913) 551–7164, or by email at 

bredehoft.deborah@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to EPA. This section 

provides additional information by 

addressing the following: 

I. What is being addressed in this document? 

II. What part 52 revision is EPA approving? 

III. What 112(l) revision is EPA approving? 


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44104 Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations 

1State Implementation Plan provisions approved 

under section 110 of the Clean Air Act are for 

criteria pollutants. Sections related to hazardous air 

pollutants are approved under section 112 of the 

Clean Air Act. 2 62 FR 27968 (May 22, 1997). 

IV. Have the requirements for approval of a 

SIP revision been met? 

V. What action is EPA taking? 

VI. Incorporation by reference 

VII. Statutory and Executive Order reviews 

I. What is being addressed in this 

document? 

EPA is taking direct final action to 

approve revisions to the Kansas SIP and 

112(l) program submission received on 

December 5, 2016. The SIP submission 

requests revisions to K.A.R. 28–19–300 

that include: Implementing revisions to 

include fine particulate matter (PM2.5) to 

implement the prevention of significant 

deterioration permitting component of 

section 110(a)(2)(C) for the 1997 and 

2006 PM2.5 NAAQS, pursuant to EPA’s 

NSR PM2.5 Implementation Rule (2008 

NSR Rule), (73 FR 28321, May 16, 

2008); clarifying and refining 

applicability criteria for sources subject 

to construction permitting program by 

proposing the following: (1) Eliminating 

the requirements for all Title IV Acid 

Rain sources to obtain construction 

permits that would not have otherwise 

been required; (2) clarifing the 

construction review requirements for 

sources emitting hazardous air 

pollutants, or sources subject to 

standards promulgated by the USEPA; 

(3) eliminating the requirement for 

sources to obtain an approval solely due 

to being subject to standards 

promulgated by the EPA without regard 

to emissions for insignificant activities; 

and making minor revisions and 

corrections. The SIP submission also 

requests revisions to K.A.R. 28–19–304 

that include: (1) Updating the 

construction permitting program fee 

structure from an estimated capital cost 

mechanism to one based on complexity 

of source and permit type and (2) 

updating the fee schedule to bring in 

sufficient revenue to adequately 

administer the Kansas Air Quality Act. 

The SIP submission also makes minor 

revisions and corrections. 

II. What part 52 revision is EPA 

approving? 

EPA is approving requested revisions 

to the Kansas SIP relating to the 

following: 

• Construction Permits and 

Approvals. Kansas Administrative 

Regulations 28–19–300. Applicability; 

and 

• Construction Permits and 

Approvals. Kansas Administrative 

Regulations 28–19–304. Fees. 

EPA has conducted analysis on the 

state’s revisions and has found that the 

revisions would not impact air quality, 

ensures consistency between the state 

and Federally-approved rules, and 

ensures Federal enforceability of the 

State’s rules. Additional information on 

the EPA’s analysis can be found in the 

Technical Support Document (TSD) 

included in this docket. 

III. What 112(l) revision is EPA 

approving? 

EPA is also taking direct final action 

to approve a portion of K.A.R. 28–19– 

300 under the 112(l) program pursuant 

to 40 CFR part 63, subpart E, as 

requested by the State of Kansas on 

April 19, 2017. The State of Kansas is 

requesting that the applicable portions 

of K.A.R. 28–19–300 pertaining to 

limiting the potential-to-emit hazardous 

air pollutants (HAPs) be approved under 

CAA 112(l) and 40 CFR part 63, subpart 

E, in addition to being approved under 

the SIP.1 Specifically, K.A.R. 28–19– 

300(a)(2) and (3) as well as K.A.R. 28– 

19–300(b)(4) through (6) are also 

approved under CAA section 112(l) 

because they require permits or 

approvals for hazardous air pollutants 

that may limit the potential-to-emit 

hazardous air pollutants by establishing 

permit conditions that are Federallyenforceable. 

IV. Have the requirements for approval 

of a SIP revision 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. In addition, as 

explained above and in more detail in 

the technical support document which 

is part of this docket, the revision meets 

the substantive SIP requirements of the 

CAA, including section 110 and and 

implementing regulations. 

V. What action is EPA taking? 

EPA is taking direct final action to 

amend the Kansas SIP and 112(l) 

program by approving the State’s 

request to amend K.A.R. 28–19–300 

Construction Permits and Approvals— 

Applicability and to amend the Kansas 

SIP by approving K.A.R. 28–19–304 

Construction Permits and Approvals— 

Fees. Approval of these revisions will 

ensure consistency between state and 

Federally-approved rules. The EPA has 

determined that these changes will not 

adversely impact air quality. 

We are publishing this direct final 

rule without a prior proposed rule 

because we view this as a 

noncontroversial action and anticipate 

no adverse comment. However, in the 

‘‘Proposed Rules’’ section of this 

Federal Register, we are publishing a 

separate document that will serve as the 

proposed rule to approve the SIP and 

112(l) program revision, if adverse 

comments are received on this direct 

final rule. We will not institute a second 

comment period on this action. Any 

parties interested in commenting must 

do so at this time. For further 

information about commenting on this 

rule, see the ADDRESSES section of this 

document. If EPA receives adverse 

comment, we will publish a timely 

withdrawal in the Federal Register 

informing the public that this direct 

final rule will not take effect. We will 

address all public comments in any 

subsequent final rule based on the 

proposed rule. 

VI. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of the Kansas Regulations 

described in the direct final 

amendments to 40 CFR part 52 set forth 

below. EPA has made, and will continue 

to make, these materials generally 

available through www.regulations.gov 

and/or at the EPA Region 7 Office 

(please contact the person identified in 

the FOR FURTHER INFORMATION CONTACT

section of this preamble for more 

information). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

State implementation plan, have been 

incorporated by reference by EPA into 

that plan, are fully Federally enforceable 

under sections 110 and 113 of the CAA 

as of the effective date of the final 

rulemaking of EPA’s approval, and will 

be incorporated by reference by the 

Director of the Federal Register in the 

next update to the SIP compilation.2

VII. Statutory and Executive Order 

reviews 

Under the CAA, 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 CAA. 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: 


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Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations 44105 

• 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 13563 (76 FR 3821, 

January 21, 2011); 

• 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 CAA; 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). 

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). 

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). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by November 20, 2017. Filing a 

petition for reconsideration by the 

Administrator of this direct final rule 

does not affect the finality of this action 

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 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: September 8, 2017. 

Cathy Stepp, 

Acting Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 52 

as set forth below: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 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 revising the entries 

‘‘K.A.R. 28–19–300’’ and ‘‘K.A.R. 28– 

19–304’’ to read as follows: 

§ 52.870 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 

*******

Construction Permits and Approvals 

K.A.R. 28–19–300 ................ Applicability ......................... 11/18/16 .............................. 9/21/17, [insert Federal 

Register citation].

* * * * * * * 

K.A.R. 28–19–304 ................ Fees .................................... 11/18/16 .............................. 9/21/17, [insert Federal 

Register citation].

* * * * * * * 

* * * * * 

[FR Doc. 2017–20073 Filed 9–20–17; 8:45 am] 

BILLING CODE 6560–50–P 


asabaliauskas on DSKBBXCHB2PROD with RULES