[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]
BILLING CODE 6560-50-P-M
