Proposed Rule2024-31626
Air Plan Approval; Kansas; Annual Emission Inventory and Fees
Primary source
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Published
January 15, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve revisions to the State Implementation Plan (SIP) and Operating Permits Program and the 112(l)plan submitted by the State of Kansas on February 20, 2023. The revised Kansas rules update the Class I emission fee and emissions inventory regulations, establish a Class II fee schedule and ensure that Kansas's Operating Permits Program is adequately funded. Approval of these revisions ensures consistency between the State and federally-approved rules and does not impact air quality.
Full Text
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<title>Federal Register, Volume 90 Issue 9 (Wednesday, January 15, 2025)</title>
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[Federal Register Volume 90, Number 9 (Wednesday, January 15, 2025)]
[Proposed Rules]
[Pages 3731-3734]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-31626]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70
[EPA-R07-OAR-2023-0462; FRL-11395-01-R7]
Air Plan Approval; Kansas; Annual Emission Inventory and Fees
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the State Implementation Plan (SIP) and Operating
Permits Program and the 112(l)plan submitted by the State of Kansas on
February 20, 2023. The revised Kansas rules update the Class I emission
fee and emissions inventory regulations, establish a Class II fee
schedule and ensure that Kansas's Operating Permits Program is
adequately funded. Approval of these revisions ensures consistency
between the State and federally-approved rules and does not impact air
quality.
DATES: Comments must be received on or before February 14, 2025.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2023-0462 to <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow the online instructions
for submitting comments.
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received will be posted without
change to <a href="http://www.regulations.gov">www.regulations.gov</a>, including any personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the ``Written Comments''
heading of the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: William Stone, Environmental
Protection Agency, Region 7 Office, Air Permitting and Planning Branch,
11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913)
551-7714; email address: <a href="/cdn-cgi/l/email-protection#bac9ced5d4df94cdd3d6d6d3dbd7fadfcadb94ddd5cc"><span class="__cf_email__" data-cfemail="d7a4a3b8b9b2f9a0bebbbbbeb6ba97b2a7b6f9b0b8a1">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA.
Table of Contents
I. Written Comments
II. What is being addressed in this document?
III. What operating permit plan revisions are being proposed by EPA?
IV. What SIP revisions are being proposed by EPA?
V. Have the requirements for approval of a SIP and the operating
permit plan revisions been met?
VI. What action is the EPA taking?
VII. Incorporation by Reference
VIII. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2023-
0462, at <a href="http://www.regulations.gov">www.regulations.gov</a>. Once submitted, comments cannot be edited
or removed from <a href="http://Regulations.gov">Regulations.gov</a>. The 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. The 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
[[Page 3732]]
additional submission methods, the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit <a href="http://www.epa.gov/dockets/commenting-epa-dockets">www.epa.gov/dockets/commenting-epa-dockets</a>.
II. What is being addressed in this document?
The EPA is proposing to approve revisions to the Kansas SIP and the
Operating Permits Program received on February 20, 2023.
The revisions incorporate recent changes to Kansas Administrative
Regulations (K.A.R.). The following regulations are amended:
<bullet> K.A.R. 28-19-517. Class I operating permits; annual
emission inventory and fees.
<bullet> K.A.R. 28-19-546. Class II operating permits; annual
emission inventory and fees. and
<bullet> K.A.R. 28-19-564. Class II operating permits; permits-by-
rule; sources with actual emissions less than 50 percent of major
source thresholds.
The revisions restructure and update the Kansas Class I Operating
Permit Program fee schedule for calendar year 2025 and beyond to bring
in adequate revenue to support the Class I Operating Permit Program and
establish a fee schedule for the Class II Federally Enforceable State
Operating Permit (FESOP) Program. EPA proposes to find that these
revisions meet the requirements of the Clean Air Act, do not impact the
stringency of the SIP, and do not adversely impact air quality. The
full text of these changes can be found in the State's submission,
which is included in the docket for this action.
On November 26, 2024, Kansas requested that EPA exclude the term
``electronically'' from two places in the February 20, 2023, submittal
because KDHE's State and Local Emissions Inventory System (SLEIS) is
not currently approved by the EPA to meet the Cross-Media Electronic
Reporting Rule (CROMERR) at 40 CFR part 3.
III. What operating permit plan revisions are being proposed by EPA?
The EPA is proposing to approve the following revision to the
Operating Permit Program:
K.A.R. 28-19-517. Class I operating permits; annual emission
inventory and fees. The State amended K.A.R. 28-19-517(b) annual
emission fee language to maintain the existing fee schedule of $1,000
base fee or $53 per ton criteria emissions fee for calendar year 2022,
2023 and 2024 and to establish a new fee schedule for calendar year
2025 and each subsequent year to be the sum of the facility fee, the
hazardous air pollutant (HAP) emissions fee, and the criteria emissions
fee. The revisions to K.A.R. 28-19-517(b)(2)(A) maintains the minimum
$1,000 facility fee, but applies it in addition to the revised criteria
emissions fee and new hazardous air pollutant (HAP) fee; all applied in
calendar year 2025 and beyond. The revision to K.A.R. 28-19-
517(b)(2)(B) establishes an annual hazardous air pollutant (HAP) fee of
$80.00 per ton of total HAP emissions for calendar year 2025 and
beyond. The revisions to K.A.R. 28-19-517(b)(2)(C) amends the existing
criteria emissions fee from $53.00 (effective through calendar year
2024) to $56.00 per ton of criteria emissions for calendar year 2025
and beyond.
EPA finds these changes meet the requirements of 40 CFR part 70 and
do not negatively impact the stringency of the Operating Permit
Program.
IV. What SIP revisions are being proposed by EPA?
The EPA is proposing the following revisions to the Kansas SIP:
K.A.R. 28-19-546. Class II operating permits; annual emission
inventory and fees: The State amended K.A.R. 28-19-546 by adding new
paragraphs (a) through (d) to align with the Class I annual emissions
inventory and fee regulation K.A.R. 28-19-517. New paragraph (b)
establishes annual emission fees beginning in calendar year 2025 of $56
per ton of criteria emissions and $80 per ton of HAP emissions. New
paragraph (c) describes the submittal requirements for both inventory
and fees and new paragraph (d) adds late fee and refund language. EPA
finds this change meets the requirements of CAA section 110 and does
not negatively impact the stringency of the SIP.
K.A.R. 28-19-564. Class II operating permits; permits-by-rule;
sources with actual emissions less than 50 percent of major source
thresholds: The State amended K.A.R. 28-19-564 paragraph (e) to require
all permits-by-rule Class II sources and those with actual emissions
less than 50 percent of major source thresholds to submit annual
emissions inventory and fees by April 1 of each year (currently
February 15) as required by the proposed K.A.R. 28-19-546. EPA finds
this change meets the requirements of CAA section 110 and does not
negatively impact the stringency of the SIP.
V. Have the requirements for approval of a SIP and the operating permit
plan revisions 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. The
State provided public notice on this SIP revision from August 25, 2022,
to November 3, 2022, and received four comments. Kansas did not revise
the rule based on public comment prior to submitting to EPA, as noted
in the State submission included in the docket for this action. In
addition, as explained above the revision meets the substantive SIP
requirements of the CAA, including section 110 and implementing
regulations.
VI. What action is the EPA taking?
We are processing this as a proposed action because we are
soliciting comments on this proposed action. Final rulemaking will
occur after consideration of any comments.
VII. Incorporation by Reference
In this document, the EPA is proposing to include regulatory text
in an EPA final rule that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is finalizing the
incorporation by reference of K.A.R. 28-19-546 and K.A.R. 28-19-564 as
discussed in sections II and IV of this preamble and set forth below in
the proposed amendments to 40 CFR part 52. The EPA has made, and will
continue to make, these materials generally available through
<a href="http://www.regulations.gov">www.regulations.gov</a> and at the EPA Region 7 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
VIII. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air 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 Clean Air Act.
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:
<bullet> 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 14094 (88 FR 21879, April 11, 2023);
<bullet> Does not impose an information collection burden under the
provisions
[[Page 3733]]
of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> 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 Clean Air Act.
In addition, 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).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on communities with environmental justice
(EJ) concerns to the greatest extent practicable and permitted by law.
Executive Order (E.O.) 14096 (Revitalizing Our Nation's Commitment to
Environmental Justice for All, 88 FR 25251, April 26, 2023) builds on
and supplements E.O. 12898 and defines EJ as, among other things, the
just treatment and meaningful involvement of all people, regardless of
income, race, color, national origin, or Tribal affiliation, or
disability in agency decision-making and other Federal activities that
affect human health and the environment.
The Kansas Department of Health and Environment (KDHE) did not
evaluate EJ considerations as part of its SIP submittal; the CAA and
applicable implementing regulations neither prohibit nor require such
an evaluation. EPA did not perform an EJ analysis and did not consider
EJ in this action. Due to the nature of the action being taken here,
this action is expected to have a neutral to positive impact on the air
quality of the affected area. Consideration of EJ is not required as
part of this action, and there is no information in the record
inconsistent with the stated goal of E.O. 12898/14096 of achieving EJ
for communities with EJ concerns.
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
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operating permits,
Reporting and recordkeeping requirements.
Dated: December 30, 2024.
Meghan A. McCollister,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA proposes to amend
40 CFR part 52 as set forth below:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart R--Kansas
0
2. In Sec. 52.870, the table in paragraph (c) is amended by revising
the entries ``K.A.R. 28-19-546'' and ``K.A.R. 28-19-564'' to read as
follows:
Sec. 52.870 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Kansas Regulations
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State
Kansas citation Title effective date EPA approval date Explanation
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Kansas Department of Health and Environment Ambient Air Quality Standards and Air Pollution Control
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* * * * * * *
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Class II Operating Permits
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* * * * * * *
K.A.R. 28-19-546............ Definitions Class 12/23/2022 [Date of ........................
II operating publication of the
permits; annual final rule in the
emission inventory. Federal Register],
[Federal Register
citation of the
final rule].
* * * * * * *
K.A.R. 28-19-564............ Permit-by-Rule; 12/23/2022 [Date of ........................
Sources with publication of the
Actual Emissions final rule in the
Less Than 50 Federal Register],
Percent of Major [Federal Register
Source Thresholds. citation of the
final rule].
* * * * * * *
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* * * * *
PART 70--STATE OPERATING PERMIT PROGRAMS
0
3. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
4. Appendix A to part 70 is amended by adding paragraph (h) under
``Kansas'' to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Kansas
* * * * *
(h) The Kansas Department of Health and Environment submitted
revisions to Kansas rules K.A.R. 28-19-517, on February 20, 2023.
The State effective date is December 23, 2022. This revision is
effective [30 days after date of publication of the final rule in
the Federal Register].
* * * * *
[FR Doc. 2024-31626 Filed 1-14-25; 8:45 am]
BILLING CODE 6560-50-P
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