Approval and Promulgation of Implementation Plans; State of Kansas

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[KS-4-1-6508a; FRL-5079-2]

Approval and Promulgation of Implementation Plans; State of

Kansas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The state of Kansas has submitted revisions to the State

Implementation Plan (SIP) which amend certain state rules concerning

sulfur dioxide (SO2) and volatile organic compounds (VOC). It has

also submitted two source-specific permits for electric utilities which

restrict (SO2) emissions. EPA is approving these revisions to the

SIP. This action is necessary to keep the Kansas SIP current with state

regulations and to make the state permits federally enforceable.

DATES: This final rule is effective December 19, 1994 unless notice is

received by November 17, 1994 that adverse or critical comments will be

submitted. If the effective date is delayed, timely notice will be

published in the Federal Register.

ADDRESSES: Written comments should be addressed to the Kansas City

address below. Copies of the documents relevant to this action are

available for public inspection during normal business hours at the:

Environmental Protection Agency, Air Branch, 726 Minnesota Avenue,

Kansas City, Kansas 66101; and EPA Air and Radiation Docket and

Information Center, 401 M Street, SW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT:

Wayne A. Kaiser at (913) 551-7603.

SUPPLEMENTARY INFORMATION: The EPA is publishing this action as a

direct-final because the Agency views this as a noncontroversial

amendment and anticipates no adverse comments. If adverse comments are

received, a withdrawal notice will be published and all public comments

will be addressed in a subsequent final rule based on the proposed rule

published in this Federal Register.

On May 16, 1994, the Secretary of the Kansas Department of Health

and Environment (KDHE) (designee for the Governor) submitted an SIP

revision to the EPA Region VII Administrator. The Secretary requested

that EPA revise the SIP to include the revisions discussed below.

K.A.R. 28-19-31, Indirect Heating Equipment Emissions; Emission

Limitations

This rule has been amended in a number of ways. First, paragraphs A

through E were relettered to read a through e. Paragraph c has been

changed to state the emission limitations in terms of SO2, rather

than sulfur, in order to be consistent with federal standards. The rule

amendment does not change the amount of allowable emissions, but merely

restates it in the same terminology as the National Ambient Air Quality

Standards (NAAQS) it is designed to protect.

The rule has also been amended to state the emissions limitation in

terms of pounds of SO2 per million British thermal units

(SO2/mmBtu) of heat input without respect to heat input per hour.

This is merely a technical correction; the regulation applies to

heating equipment having a heat input of 250 Btu/hour, so the

additional reference to emissions based on heat input per hour was

unnecessary. The rule also now provides for an alternative emission

limit to the 3.0 pounds of SO2/mmBtu, provided that the alternate

limit is set forth in a permit issued pursuant to K.A.R. 28-19-14, is

adequate to protect the SO2 NAAQS, and has been approved by EPA as

part of the state SIP. This revision was effective November 8, 1993.

K.A.R. 28-19-32, Exemptions

This rule, which created exemptions from the emissions limitations

on indirect heating equipment imposed by K.A.R. 28-19-31, was approved

as part of the original SIP in 1971. Paragraph D provided an exemption

to the SO2 emission limit in rule K.A.R. 28-19-31 if a source

operated less than 2000 hours per year. This was a deficiency in the

SIP which EPA has strived to correct.

Kansas revised K.A.R. 28-19-32 in 1981, 1982, and in 1993. The

revisions in 1981 and 1982 were not submitted as SIP revisions at that

time. Thus, EPA is today acting on the cumulative revisions of this

rule. In the 1981 revision, the state deleted paragraphs A and B of the

SIP approved rule. These provisions were eliminated because equipment

which had been exempted was, by that time, operating within the

limitations of other regulations. At the same time, the state added an

exemption which provided that electric generating plants of 90

megawatts could, under certain circumstances, be exempt from the

SO2 emission limits contained in K.A.R. 28-19-31(C). In the 1982

state rule revision, this provision was expanded to specifically

include three electric generating plants with specified capacities.

The 1993 revisions deleted completely the provisions which allowed

exemptions to the SO2 emission limits in K.A.R. 28-19-31. Of the

three sources previously eligible for the exemption, two are operating

within the 3.0 lbs SO2 mm/Btu emission limit allowed in rule

K.A.R. 28-19-32. The third source is now subject to emission limits

contained in a permit issued pursuant to rule K.A.R. 28-19-14. This

limit is more restrictive than the 3.0 lbs per mm/Btu allowed in K.A.R.

28-19-31. This permit has been submitted as a SIP revision, and EPA is

taking action on it as discussed below (see Quindaro Power Station).

In summary, the state's submittal of its revisions to rule K.A.R.

28-19-32 deletes exemptions allowed in the original SIP rule, deletes

exemptions allowed in previous versions of the state rule, will make

the state and SIP rule consistent, and will greatly enhance the

enforceability of both rules. This revision was effective November 8,

1993.

K.A.R. 28-19-63, Automobile and Light-Duty Truck Surface Coating

This reasonably available control technology rule is applicable to

automobile or light-duty truck top coat and primer surface coating

application systems at the one facility subject to the regulation. This

amendment clarifies existing requirements by adopting a standard

industry procedure for demonstrating continual compliance with organic

vapor emission requirements. The state has incorporated by reference

the EPA protocol, ``Protocol for Determining the Daily Volatile Organic

Compound Emission Rate of Automobile and Light-Duty Truck Topcoat

Operations,'' EPA-450/3-88-018 (December 1988). This protocol provides

an alternative compliance demonstration method and adds some

flexibility to the previous requirements. The regulatory change does

not affect the current monitoring and inspection program for volatile

organic compound sources. This revision improves the enforceability of

the state rule. This rule was effective November 8, 1993.

Permits

The Kansas City, Kansas, Board of Public Utilities (BPU) owns and

operates three electric utility generation stations in the Kansas City,

Kansas, area. This action approves new emission limits, as contained in

state operating permits, for the Kaw and Quindaro stations.

Kaw Power Station

Upon a showing by EPA Region VII that the BPU Kaw Power Station,

even though operating within the permit limits established by state

rule K.A.R. 28-19-31(C), was causing modeled violations of the SO2

NAAQS, the BPU entered into a Consent Agreement (C.A.) with the state,

which set a schedule for BPU to develop an emissions control strategy

sufficient to protect and maintain the SO2 NAAQS.

In accordance with the terms of the C.A., BPU conducted a modeling

analysis in accordance with the protocol agreed to by the state and

EPA. The modeling was performed in accordance with the EPA Guideline on

Air Quality Models (Revised), EPA-450/2-78-027R, as supplemented. The

modeling results established emission limits which were incorporated

into an operating permit issued by the state pursuant to K.A.R. 28-19-

14. Emission limits were set based on a maximum ambient impact of less

than 330 g/m\3\. This provides an adequate safety margin for

the 24-hour SO2 standard of 365 g/m\3\, which was the

controlling standard.

Permit #2090049 contains interim and final compliance limits. The

interim limits are based on coal sampling analysis. Final compliance

limits are based on continuous emission monitoring (CEM). The CEM

systems are to be installed and certified in conformance with the

requirements of 40 CFR part 75 no later than October 1994. The permit

contains enforceable monitoring, and recordkeeping and reporting

requirements.

The emission limit previously applicable to this source was 3.0 lbs

SO2/mmBtu. The new limit contained in the permit is 1.1 lbs

SO2/mmBtu when only one of the three units is operating, or 0.91

lbs SO2/mmBtu when two or more units are operating. The state

permit was effective October 20, 1993. This permit is being

incorporated into the SIP for purposes of federal enforceability.

Quindaro Power Station

As noted in the discussion above revisions to rules K.A.R. 28-19-31

and 28-19-32, the Quindaro station was able to operate under an

exemption which was difficult to enforce and which did not ensure

protection of the NAAQS.

The BPU agreed in the C.A. mentioned above to conduct a modeling

analysis for the Quindaro station at the same time it was performing

the modeling analysis for the Kaw station.

The modeling results established emission limits which were

incorporated into an operating permit issued by the state pursuant to

K.A.R. 28-19-14. Emission limits were set based on a maximum ambient

impact of less than 320 g/m\3\. This is adequate to ensure

attainment and maintenance of the 24-hour SO2 NAAQS of 365

g/m\3\, which was the controlling standard. The emission

limits are equivalent to 4.75 lbs of SO2/mmBtu when only unit Q-1

is operating, and 4.75 for Q-1 and 3.57 for Q-2 when both units are

operating. (Unit Q-2 is a CAA Title IV Phase I unit.)

Permit #2090048, issued pursuant to K.A.R. 28-19-14, contains

interim and final compliance limits. The interim limits are based on

coal sampling analysis and the final limits are based on CEM

monitoring. The CEM systems are scheduled for final part 75

certification testing by October 1994. The permit contains enforceable

monitoring, and reporting and recordkeeping requirements. This permit

is being approved into the SIP for purposes of federal enforceability.

The permit was effective October 20, 1993.

The state has met the public notification requirements of 40 CFR

51.102. EPA proposes to approve the above revisions to the Kansas SIP.

EPA Action

EPA is taking final action to approve revisions to the Kansas SIP.

This includes revisions to the SO2 emission limitations and

exemptions rules, and a surface coating rule. EPA is also approving two

source-specific permits which set SO2 emission limits on two

electric power stations.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request or revision

to any SIP. Each request for revision to the SIP shall be considered

separately in light of specific technical, economic, and environmental

factors and in relation to relevant statutory and regulatory

requirements.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities (5 U.S.C. 603 and 604).

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

SIP approvals under section 110 and subchapter I, part D of the CAA

do not create any new requirements, but simply approve requirements

that the state is already imposing. Therefore, because the federal SIP

approval does not impose any new requirements, EPA certifies that it

does not have a significant impact on any small entities affected.

Moreover, due to the nature of the federal-state relationship under the

CAA, preparation of a regulatory flexibility analysis would constitute

federal inquiry into the economic reasonableness of state action. The

CAA forbids EPA to base its action concerning SIPs on such grounds

(Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976);

42 U.S.C. 7410(a)(2)).

The Office of Management and Budget has exempted these actions from

review under Executive Order 12866.

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 December 19, 1994. 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 52

Environmental protection, Air pollution control, Incorporation by

reference, Intergovernmental relations, Particulate matter, Reporting

and recordkeeping requirements, Sulfur oxides, Volatile organic

compounds.

Dated: September 16, 1994.

William Rice,

Acting Regional Administrator.

Part 52, 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. 7401-7671q.

Subpart R--Kansas

2. Section 52.870 is amended by adding paragraph (c)(29) to read as

follows:

Sec. 52.870 Identification of plan.

* * * * *

(c) * * *

(29) On May 16, 1994 the Secretary of KDHE submitted revisions to

rules K.A.R. 28-19-31, 28-19-32, 28-19-63, and operating permits

#20090048 (BPU Quindaro station) and #20090049 (BPU Kaw station).

(i) Incorporation by reference.

(A) Revised regulations K.A.R. 28-19-31, K.A.R. 28-19-32, K.A.R.

28-19-63, effective November 8, 1993.

(B) Operating permits; Kansas City, Kansas, Board of Public

Utilities Quindaro permit #20090048, and Kaw permit #20090049,

effective October 20, 1993.

(ii) Additional material.

(A) Letter from BPU to KDHE dated December 11, 1992, regarding

compliance verification methods and schedules.

* * * * *

3. Section 52.873 is amended by adding paragraph (c) to read as

follows:

Sec. 52.873 Approval status.

* * * * *

(c) The Administrator approves Rule K.A.R. 28-19-31 as identified

at Sec. 52.870(c)(29), with the understanding that any alternative

compliance plans issued under this rule must be approved by EPA as

individual SIP revisions.

[FR Doc. 94-25675 Filed 10-17-94; 8:45 am]

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