[Federal Register Volume 69, Number 145 (Thursday, July 29, 2004)]
[Rules and Regulations]
[Pages 45275-45277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17294]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[R07-OAR-2004-KS-0001; FRL-7793-6]
Approval and Promulgation of Operating Permits Program; State of
Kansas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is announcing approval of a revision to the Kansas
Operating Permits Program for the purpose of increasing emission fees
for the Title V Operating Permits Program, revising the late fee
provisions, and other minor revisions.
On April 22, 2004, the state of Kansas submitted a revision for the
purpose of increasing emission fees for the Title V Operating Permits
Program. This increase is necessary to offset the reductions in
revenues resulting from reductions in emissions, an increase in the
assessed indirect costs, and the transfer of fee fund interest to the
general fund. The proposed increase is for major stationary sources for
the years 2003 and beyond.
The late fee payment provision is revised with specific language
that indicates that failure to pay within 10 calendar days after the
department's written notification that the emissions fees were not
received will result in continuation of the late fee.
Minor revisions are detailed in the Technical Support Document that
is a part of the EPA's electronic public docket listed later in this
document.
DATES: This direct final rule will be effective September 27, 2004,
without further notice, unless EPA receives adverse comment by August
30, 2004. 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 Regional Material in
EDocket (RME) ID Number R07-OAR-2004-KS-0001, by one of the following
methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. Agency Web site: http://docket.epa.gov/rmepub/. RME, EPA's
electronic public docket and comment system, is EPA's preferred method
for receiving comments. Once in the system, select ``quick search;''
then key in the appropriate RME Docket identification number. Follow
the on-line instructions for submitting comments.
3. E-mail: [email protected].
4. Mail: Heather Hamilton, Environmental Protection Agency, Air
Planning and Development Branch, 901 North 5th Street, Kansas City,
Kansas 66101.
5. Hand Delivery or Courier. Deliver your comments to Heather
Hamilton, Environmental Protection Agency, Air Planning and Development
Branch, 901 North 5th Street, Kansas City, Kansas 66101.
Instructions: Direct your comments to RME ID No. R07-OAR-2004-KS-
0001. 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://docket.epa.gov/rmepub/, 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 information that you
consider to be CBI or otherwise protected through RME, regulations.gov,
or e-mail. The EPA RME Web site and the Federal regulations.gov Web
site are ``anonymous access'' systems, 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 RME or 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
RME index at http://docket.epa.gov/rmepub/. 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 RME
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: Heather Hamilton at (913) 551-7039, or
by e-mail at [email protected].
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 the Part 70 Operating Permits Program?
What is being addressed in this document?
What action is EPA taking?
What Is the Part 70 Operating Permits Program?
The Clean Air Act (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 Federally enforceable 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 EPA's implementing
regulations. Revisions to the state operating permits program are
subject to public notice, comment, and EPA approval.
[[Page 45276]]
What Is Being Addressed in This document?
The state of Kansas has requested a revision to the Operating
Permits Program for the purpose of increasing emission fees for the
Title V Operating Permits Program, revising the late fee provision, and
other minor revisions. These revisions are made to Kansas
Administrative Regulations 28-19-202.
The emission fee increase is necessary to offset the reductions in
revenues resulting from reductions in emissions, an increase in the
assessed indirect costs, and the transfer of fee fund interest to the
general fund. The proposed increase is for major stationary sources for
the years 2003 and beyond.
The late fee provision is revised with specific language that
indicates that failure to pay within 10 calendar days after the
department's written notification that the emissions fees were not
received will result in continuation of the late fee. The late fee will
be $10 per day or .05% of the annual emissions fee per day, whichever
is greater and will be paid in addition to the late fee of $100.00 or
1% of the annual emissions fee, whichever is greater.
The minor revisions are addressed in the Technical Support Document
that is a part of the EPA's electronic public docket listed previously
in this document.
What Action Is EPA Taking?
EPA is approving Kansas' revision of its Operating Permits Program.
We are processing this revision to the Kansas Operating Permits Program
as a direct final action because the revision makes routine changes to
the existing rules which are noncontroversial. This revision will
update the Kansas Air Quality Regulations, 28-19-202, to include an
increase in annual emissions fees from $20.00 to $25.00 per ton for
emissions occurring in the year 2003 and later, a revision to the late
fee provisions, and other minor changes as outlined in the Technical
Support Document that is a supplemental document to this rulemaking.
This rule became effective on January 30, 2004. 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 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 is not economically significant.
In reviewing state operating permits programs submitted pursuant to
Title V of the CAA, EPA will approve state programs provided that they
meet the requirements of the CAA and EPA's regulations codified at 40
CFR part 70. 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 state operating permits program
for failure to use VCS. It would thus be inconsistent with applicable
law for EPA, when it reviews an operating permit program submission, to
use VCS in place of a state program 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 September 27, 2004. 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 in 40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operating permits,
Reporting and recordkeeping requirements.
Dated: July 14, 2004.
U. Gale Hutton,
Acting Regional Administrator, Region 7.
0
Chapter I, title 40 of the Code of Federal Regulations is amended as
follows:
PART 70--[AMENDED]
0
1. The authority citation for Part 70 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
[[Page 45277]]
Appendix A--[Amended]
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2. Appendix A to Part 70 is amended by adding paragraph (c) under
Kansas to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Kansas
* * * * *
(c) The Kansas Department of Health and Environment approved
this revision to the Kansas Administrative Regulations, 28-19-202,
as a revision to the Kansas Title V Operating Permits Program, which
became effective on January 30, 2004. This revision was submitted on
April 22, 2004. We are approving this program revision effective
September 27, 2004.
* * * * *
[FR Doc. 04-17294 Filed 7-28-04; 8:45 am]
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