[Federal Register Volume 88, Number 80 (Wednesday, April 26, 2023)]
[Proposed Rules]
[Pages 25309-25313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08596]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2023-0201; FRL-10839-01-R7]
Air Plan Partial Approval and Partial Disapproval; 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 partial
approval and partial disapproval of revisions to the Missouri State
Implementation Plan (SIP) submitted by the State of Missouri on
February 17, 2022. In its submission, the Missouri Department of
Natural Resources (MoDNR) requested that revisions to a 2016
Administrative Order on Consent (AOC) for controlling sulfur dioxide
(SO2) emissions at the Lake Road power plant (hereinafter
referred to as ``2016 AOC'') be approved in the SIP. The revised AOC
establishes more stringent fuel oil sulfur content limits, removes
SO2 emission limits that are no longer needed due to the
strengthened fuel oil sulfur requirements, and streamlines reporting
requirements. The changes proposed for approval meet the requirements
of the Clean Air Act (CAA). The EPA is proposing disapproval of a new
provision in the AOC that would potentially allow Lake
[[Page 25310]]
Road to exceed the fuel oil sulfur content limits on a temporary basis.
DATES: Comments must be received on or before May 26, 2023.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2023-0201 to 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 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: Allie Donohue, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-
7986; 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. 2016 AOC and Amendment #1
D. Amendment #2
III. Have the requirements for approval of a SIP revision been met?
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Environmental Justice Considerations
VII. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2023-
0201, at 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
www.epa.gov/dockets/commenting-epa-dockets.
II. What is being addressed in this document?
The EPA is proposing to partially approve and partially disapprove
a SIP revision submitted by the State of Missouri on February 17, 2022.
In its submission, MoDNR requested that AOC No. APCP-2015-118 between
MoDNR and Evergy (formerly Kansas City Power & Light) submitted in
2016, and amended in 2018 (Amendment #1), be replaced with Amendment #2
to the AOC in the SIP. The EPA is proposing to approve these SIP
revisions, with the exception of Amendment #2 paragraph 12.A. The
revisions proposed for approval meet the requirements of the Clean Air
Act. The EPA is proposing disapproval of Amendment #2 paragraph 12.A.
because this provision potentially allows Lake Road to burn fuel oil
with a sulfur content greater than the sulfur content limit of 15 parts
per million (ppm) on a temporary basis. Paragraph 12.A. is severable
from Amendment #2 because it is a new paragraph that was not previously
included in the 2016 AOC and Amendment #1 and is not approved in the
SIP. The technical support document (TSD) included in this docket
discusses our review and analysis of Amendment #2 and provides support
for our proposed action.
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 Consent Decree.'' \1\ 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 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. 2016 AOC and Amendment #1
Kansas City Power & Light (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.
[[Page 25311]]
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, that included the substantive
requirements from the 2000 Consent Decree and revised the fuel
requirements for Boiler No. 6.
On June 13, 2018, the MoDNR and KCPL issued Amendment #1 to the
2016 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 2016 AOC. The EPA approved the 2016 AOC
and Amendment #1 into Missouri's SIP at 40 CFR 52.1320(d)(32) and (33)
in August 2019.\2\
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\2\ See 84 FR 44233; August 23, 2019.
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D. Amendment #2
Evergy became the current owner and operator of Lake Road after
KCPL and Westar Energy merged to become Evergy in 2018. In 2021 MoDNR
and Evergy revised the AOC for Lake Road by issuing Amendment #2 that
consolidates all requirements into a single document, lowers the fuel
oil sulfur content limit from 500 ppm to 15 ppm, eliminates
SO2 emission rate limits that are no longer necessary due to
the more stringent fuel oil sulfur content limits, makes the retirement
of Boiler No. 3 permanent and enforceable, and streamlines reporting
and record keeping requirements. Amendment #2 does not revise the
SO2 emission rate limit of 1.349 pounds per million British
thermal units (lb/MMBtu) for Boiler No. 5. Amendment #2 also adds
language in paragraph 12.A. that allows MoDNR to grant temporary
exemptions to the fuel oil requirements due to unforeseen
circumstances.
In its submission, MoDNR included an analysis of SO2
emissions from the Lake Road facility between 2002 through 2020.
MoDNR's analysis demonstrated that Lake Road SO2 emissions
have decreased by 94.84 percent from 2002 through 2020, attributable to
the 2000 Consent Decree and the fuel requirements provided in the 2016
AOC, Amendment #1, and Amendment #2. MoDNR states that Amendment #2
will ensure the SO2 emissions decreases at Lake Road over
the past 20 years remain permanent and further assist with maintenance
and attainment of both the 1971 and 2010 SO2 NAAQS.
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. Based on our analysis of Amendment #2, the EPA
proposes to conclude that the SIP revision, with the exception of
paragraph 12.A., is in accordance with the requirements of section
110(l) of the CAA. The EPA proposes to disapprove Amendment #2
paragraph 12.A. because it potentially allows the facility to burn fuel
oil with sulfur content that exceeds the 15 ppm sulfur content limit on
a temporary basis. The EPA's analysis of Amendment #2 can be found in
the TSD included in this 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 November 1,
2021, to December 9, 2021, and received no comments. In addition, as
explained above and in more detail in the TSD which is part of this
docket, the revisions proposed for approval meet the substantive SIP
requirements of the CAA, including section 110 and implementing
regulations.
As explained in section II and further in the TSD, EPA is proposing
to disapprove Amendment #2 paragraph 12.A. regarding temporary
exemptions from fuel requirements.
IV. 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. We are publishing the
proposed rule in the Federal Register to partially approve and
partially disapprove the SIP submission. Any parties interested in
commenting must do so by the date listed in the DATES section of the
document. For further information about commenting on this proposed
rule, see the ADDRESSES section of the document. If the EPA receives
adverse comment, we will address all public comments in the subsequent
final rule based on the proposed rule.
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 add
the incorporation by reference of the Missouri Amendment #2 to
Administrative Order on Consent state effective October 18, 2021,
between MoDNR and Evergy related to controlling sulfur dioxide
(SO2) emissions at the Lake Road power plant, as discussed
in Section II of this preamble and as 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 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).
Also, in this document, as described in the proposed amendments to
40 CFR part 52 set forth below, EPA is proposing to remove provisions
of the EPA-Approved Missouri Administrative Order on Consent and
Amendment #1 (state effective September 27, 2018) from the Missouri
State Implementation Plan, which was incorporated by reference in
accordance with the requirements of 1 CFR part 51. As described in the
proposed amendments to 40 CFR part 52 set forth below, EPA is also
proposing to remove an outdated reference to the St. Joseph Light and
Power So2 consent agreement (state effective May 21, 2001).
VI. Environmental Justice Considerations
The EPA reviewed demographic data, which provides an assessment of
individual demographic groups of the populations living within a 2-mile
radius of the Lake Road facility Census 2010 Summary Report available
on Environmental Justice Screen (EJSCREEN). The EPA then compared the
data to the state average for each of the demographic groups using 2010
state census data from the United States Census Bureau. The results of
this analysis are being provided for informational and transparency
purposes. The results of the demographic analysis indicate that, for
populations within the 2-mile radius of the Lake Road facility, the
percent people of color (persons who reported their race as a category
other than White alone (not Hispanic or Latino)) is less than the
national average (16 percent versus 21 percent). Within people of
color, the percent of the population that is Black or African American
alone is lower than the state average (3 percent versus 12 percent) and
the percent of the population that is American Indian/Alaska Native is
similar to the state average (1 percent versus 1 percent).
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The percent of the population that is two or more races is similar to
the state average (3 percent versus 3 percent). The percent of people
with low income within the 2-mile radius of the Lake Road facility is
higher than the state average (41 percent versus 31 percent).
VII. 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:
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);
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); and
Is not subject to requirements of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because this
rulemaking does not involve technical standards;
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 minority populations and low-income
populations to the greatest extent practicable and permitted by law.
The EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' The EPA further defines the term fair treatment to mean
that ``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The air agency did not evaluate environmental justice
considerations as part of its SIP submittal; the CAA and applicable
implementing regulations neither prohibit nor require such an
evaluation. EPA performed an environmental justice analysis, as is
described above in the section titled, ``Environmental Justice
Considerations.'' The analysis was done for the purpose of providing
additional context and information about this rulemaking to the public,
not as a basis of the action. In addition, there is no information in
the record upon which this decision is based inconsistent with the
stated goal of E.O. 12898 of achieving environmental justice for people
of color, low-income populations, and Indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: April 18, 2023.
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
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart AA--Missouri
0
2. In Sec. 52.1320, in the table in paragraph (d):
0
a. Remove and reserve entries ``(17)'', ``(32)'', and ``(33)''; and
0
b. Add entry ``(38)'' in numerical order.
The addition reads 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 number effective date EPA approval date Explanation
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* * * * * * *
(38) Kansas City Power and Light-- Amendment #2 to 10/18/2021 [Date of EPA is approving
Lake Road Facility. Administrative publication of the Amendment #2 to
Order on Consent final rule in the AOC No. APCP-2015-
No. APCP-2015-118. Federal Register], 118, except for
[Federal Register paragraph 12.A.
citation of the
final rule].
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[FR Doc. 2023-08596 Filed 4-25-23; 8:45 am]
BILLING CODE 6560-50-P