[Federal Register Volume 84, Number 116 (Monday, June 17, 2019)]
[Proposed Rules]
[Pages 27996-27998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12539]
[[Page 27996]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2019-0289; FRL-9994-78-Region 7]
Air Plan Approval; Missouri; Revision to Sulfur Dioxide Control
Requirements for Lake Road Generating Facility
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing
approval of a State Implementation Plan (SIP) revision submitted by the
State of Missouri on November 2, 2018. The revision replaces a Consent
Decree in Missouri's SIP with an Administrative Order on Consent (AOC)
between the Missouri Department of Natural Resources (MoDNR) and Kansas
City Power and Light (KCPL). The EPA is also proposing to approve an
amendment to the AOC. This action strengthens Missouri's SIP by
replacing an outdated Consent Decree with an AOC and its Amendment that
reflect current operating conditions at the facility, and does not
result in an increase in sulfur dioxide (SO2) emissions from
the Lake Road Generating Facility.
DATES: Comments must be received on or before July 17, 2019.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2019-0289 to https://www.regulations.gov. 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 https://www.regulations.gov/, 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: Jonathan Meyer, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-
7140; email address [email protected].
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?
A. 1997 Violation of the 1971 SO2 National Ambient
Air Quality Standards (NAAQS)
B. Designation of Buchanan County for the 2010 SO2
NAAQS
C. 2015 Administrative Order on Consent and 2018 Amendment
III. Have the requirements for approval of a SIP revision been met?
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2019-
0289 at https://www.regulations.gov. Once submitted, comments cannot be
edited or removed from Regulations.gov. 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 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://www.epa.gov/dockets/commenting-epa-dockets.
II. What is being addressed in this document?
The EPA is proposing to approve a SIP revision submitted by the
State of Missouri on November 2, 2018. The revision consists of an AOC
between the MoDNR and KCPL that limits emissions SO2 from
KCPL's Lake Road Generating facility in St. Joseph, Missouri, and an
Amendment to the AOC. The AOC and its Amendment replace a Consent
Decree in Missouri's SIP and strengthens SO2 control
requirements for KCPL's Lake Road Generating facility. This action
strengthens Missouri's SIP by replacing an outdated Consent Decree with
an AOC and its Amendment that reflect current operating conditions at
the facility and does not result in an increase in SO2
emissions from the Lake Road Generating Facility.
A. 1997 Violation of the 1971 SO2 National Ambient Air
Quality Standards (NAAQS)
In 1997, a monitor in St. Joseph (Buchanan County), Missouri
measured a violation of the 1971 24-hour SO2 NAAQS. At the
time of the 1997 violation, Buchanan County was designated as ``Better
than National Standards'' (equivalent to ``attainment'') for the 1971
24-hour SO2 NAAQS. To address the violation, the State of
Missouri and the St. Joseph Light and Power (SJLP) Company entered into
a Consent Decree that required SO2 control measures at the
SJLP Lake Road power generating facility, hereinafter referred to as
the ``2000 \1\ Consent Decree''. The 2000 Consent Decree was submitted
by the State of Missouri in order to maintain attainment of the 1971
24-hour SO2 NAAQS and was not submitted because of a SIP
call. On November 15, 2001, the EPA approved the 2000 Consent Decree as
a revision to Missouri's SIP. (66 FR 57389, November 15, 2001).
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\1\ The EPA is referring to the Consent Decree as the ``2000
Consent Decree'' to be consistent with the State's November 2, 2018,
SIP revision submittal. The 2000 Consent Decree was entered by the
Circuit Court of Buchanan County, Missouri, on May 25, 2001.
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B. Designation of Buchanan County for the 2010 SO2 NAAQS
On June 22, 2010, the EPA established a new 1-hour SO2
standard (``the 2010 SO2 NAAQS'') and revoked the existing
24-hour and annual primary SO2 standards. (75 FR 35520, June
22, 2010, at 75 FR 35592). The EPA directed States to continue
implementing any attainment and maintenance requirements of the 1971
24-hour SO2 NAAQS until the requirements were subsumed by
any new planning and control requirements associated with the 2010
SO2 NAAQS. (75 FR 35520, June 22, 2010, at 75 FR 35580).
Accordingly, areas designated as nonattainment for the 2010
SO2 NAAQS or areas that do not meet the requirements of a
SIP call for the 1971 SO2 NAAQS remain subject to the 1971
SO2 NAAQS until the area submits, and EPA approves, an
attainment plan for the 2010 SO2 NAAQS. See 40 CFR 50.4(e).
However, the EPA also stated that any existing SIP provisions under
Clean Air Act (CAA) sections 110, 191 and 192 for the 1971 24-hour
SO2 NAAQS remain in effect. (75 FR 35520, June 22, 2010, at
75 FR 35581).
On January 9, 2018, Buchanan County was designated as Attainment/
Unclassifiable for the 2010 SO2 NAAQS (83 FR 1098, January
9, 2018) and
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therefore the State of Missouri was not required to submit a SIP
providing for attainment of the SO2 NAAQS under sections 191
and 192 of the CAA. However, because the 2000 Consent Decree was
approved pursuant to section 110 of the CAA, the provisions of the
Consent Decree remain in effect notwithstanding EPA's revocation of the
1971 24-hour SO2 NAAQS and designation of Buchanan County as
Attainment/Unclassifiable for the 2010 SO2 NAAQS.
C. 2015 Administrative Order on Consent and 2018 Amendment
KCPL acquired SJLP's Lake Road facility in 2008. On March 30, 2015,
KCPL notified the MoDNR of its intent to cease the combustion of coal
in Boiler No. 6 at the facility by April 16, 2016, to comply with the
Mercury Air Toxics Standards rule, 40 CFR part 63, subpart UUUUU. KCPL
also requested to use natural gas instead of coal as the primary fuel
and to designate No. 2 fuel oil the secondary fuel of Boiler No. 6.
Because the 2000 Consent Decree stipulated the type of fuel to be
used in each combustion unit, including Boiler No. 6, MoDNR and KCPL
entered into an AOC on March 30, 2016, (hereinafter referred to as the
``2015 \2\ AOC'') that included the substantive requirements from the
2000 Consent Decree and revised the fuel requirements for Boiler No. 6.
The 2015 AOC did not revise the SO2 allowable emission rate
of 1,400 pounds SO2 per hour (lbs SO2/hr)
established in the 2000 Consent Decree for Boiler No. 6; therefore, the
EPA's proposed approval of this SIP revision will not result in an
increase in allowable SO2 emissions.
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\2\ The EPA is referring to the Administrative Order on Consent
as the ``2015 AOC'' to be consistent with the State's November 2,
2018 SIP revision submittal. The 2015 AOC was signed by the parties
in 2016.
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On June 13, 2018, the MoDNR and KCPL revised the 2015 AOC to
require low sulfur coal as the primary fuel in Boiler No. 5, rather
than a blend of high and medium sulfur coal as required by the 2000
Consent Decree and the 2015 AOC. The 2018 AOC Amendment did not revise
the SO2 allowable emission rate of 453.26 lbs
SO2/hr established in the 2000 Consent Decree for Boiler No.
5; therefore, the EPA's proposed approval of this SIP revision will not
result in an increase in allowable SO2 emissions.
Section 110(l) of the CAA prohibits the EPA from approving a SIP
revision that interferes with any applicable requirement concerning
attainment and reasonable further progress or any other applicable
requirement of the CAA. The MoDNR anticipates that the 2015 AOC and
2018 AOC Amendment will result in decreased SO2 emissions
that will further assist with maintenance and attainment of both the
1971 and 2010 SO2 NAAQS.
While the 2015 AOC and 2018 AOC Amendment do not reduce allowable
emissions from the Lake Road Facility, the use of low sulfur coal as a
primary fuel for Boiler No. 5 and natural gas as a primary fuel for
Boiler No. 6 will result in a reduction in actual SO2
emissions. The MoDNR included an analysis of SO2 emissions
from the Lake Road facility between 2002 through 2017 and found that
SO2 emissions have decreased by 89 percent from 2002 through
2017, attributable to the 2000 Consent Decree, and more recently, to
the 2015 AOC. As such, the MoDNR has demonstrated, and the EPA proposes
to conclude, that the SIP revision is in accordance with the
requirements of section 110(l) of the CAA.
A comparison of the requirements of the 2000 Consent Decree, the
2015 AOC and the 2018 Amendment can be found in the Technical Support
Document that is included in the docket.
III. 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. The
State provided public notice on this SIP revision from July 30, 2018,
to September 6, 2018, and received zero comments. In addition, the
revision meets the substantive SIP requirements of the CAA, including
section 110 and implementing regulations.
IV. What action is EPA taking?
We are proposing to approve replacing the May 25, 2001, St. Joseph
Light and Power Consent Decree with the 2015 AOC and 2018 Amendment
between MoDNR and KCPL. 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.
V. 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 proposing to
incorporate by reference the Missouri Regulations described in the
proposed amendments to 40 CFR part 52 set forth below. The EPA has
made, and will continue to make, these materials generally available
through www.regulations.gov 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).
VI. 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:
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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
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 the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using
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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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides.
Dated: June 10, 2019.
James Gulliford,
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--AA Missouri
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2. In Sec. 52.1320, the table in paragraph (d) is amended by:
0
a. Revising entry ``(17)'' and;
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b. Adding entries ``(32)'' and ``(33)'' to the end of the table.
The revision and additions read as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(d) * * *
EPA--Approved Missouri Source-Specific Permits and Orders
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State
Name of source Order/ permit No. effective date EPA approval date Explanation
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* * * * * * *
(17) St. Joseph Light & Power SO2 Consent Decree..... 5/21/2001 11/15/2001, 66 FR Replaced on [Date
57389 and [Date of of publication of
publication of the the final rule in
final rule in the the Federal
Federal Register], Register] with
[Federal Register (32) and (33).
citation of the
final rule].
* * * * * * *
(32) Kansas City Power and Light-- Administrative 9/27/2018 [Date of ...................
Lake Road Facility. Order on Consent publication of the
No. APCP-2015-118. final rule in the
Federal Register],
[Federal Register
citation of the
final rule].
(33) Kansas City Power and Light-- Amendment #1 to 9/27/2018 [Date of ...................
Lake Road Facility. Administrative publication of the
Order on Consent final rule in the
No. APCP-2015-118. Federal Register],
[Federal Register
citation of the
final rule].
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[FR Doc. 2019-12539 Filed 6-14-19; 8:45 am]
BILLING CODE 6560-50-P