[Federal Register Volume 59, Number 200 (Tuesday, October 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25675]


[[Page Unknown]]

[Federal Register: October 18, 1994]


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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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