# Revision to the State of Kansas

Air Quality State Implementation Plan

State of Kansas Plan for Implementation,

Maintenance and Enforcement of the National Ambient Air Quality Standards

2006 24-hour PM 2.5 

# NAAQS



# April 2010

Our Vision - Healthy Kansans living in safe and sustain able environments

. 

# Department of Health and Environment

Division of Environment

Bureau of Air (785) 296-6024

# TABLE OF CONTENTS

Section Contents

A Description of Materials Required for Plan Submitta l

• Administrative Materials

• Technical Support

B Evidence That Plan Revision Has Been Adopted, and o f Effective Date of Adopted Plan Revision

• Secretary’s Declaration of Adoption

C Authorizing Statutes

• Kansas Air Quality Statutes (K.S.A. Chapter 65, Art icle 30)

D Plan Revision

• Revision to the State of Kansas Plan for Implementa tion, Maintenance and Enforcement of the National Ambient Air Quality Stan dards - 2006 24-

hour PM 2.5 NAAQS

E Procedural Requirements Documents

• Public Hearing Statement

• Responsiveness Summary

F Public Notice Documents

• Kansas Register – September 3, 2009

• Newspaper Affidavits of Publication

G Technical Support: Infrastructure SIP

• Response to Elements of 40 C.F.R. Part 51, Appendix V, Section 2.2

# Section A

# Description of Materials Required for Plan Submitta l

(Per 40 C.F.R. Part 51, Appendix V, Section 2.0 - C riteria)



## Administrative Materials

(40 C.F.R. Part 51, Appendix V, Section 2.1)

Appendix V

Section Appendix V Requirement Documentation Provided in

Submittal Submittal

Section

2.1(a) Formal letter of submittal Letter of Submitt al Preface

2.1(b) Evidence the plan has been

adopted and the effective date Secretary’s Declaration of Adoption B

2.1(c) Legal authority to adopt and

implement plan Kansas Air Quality Statutes (K.S.A. Chapter 65, Article 30) C

2.1(d) Copy of actual regulation or

document, including indication of the changes made Revision to the State of Kansas Plan for Implementation,

Maintenance and Enforcement

of the National Ambient Air Quality Standards - 2006 24-

hour PM 2.5 NAAQS D

2.1(e) Evidence the State has followed

all procedural requirements Public Hearing Statement

Responsiveness Summary E

2.1(f) Evidence that public notice was

provided Kansas Register – September 3,

2009

Newspaper Affidavits of

Publication F

2.1(g) Certification that public hearing

was held as per information in public notice Public Hearing Statement E

2.1(h) Compilation of public

comments and responses

thereto Responsiveness Summary E

## Technical Support

(40 C.F.R. Part 51, Appendix V, Section 2.2)

Appendix V

Section Appendix V Requirement Documentation

Provided in Submittal Submittal

Section

2.2(a) Identification of all relevant pollutants

affected by the plan Refer to response. G

2.2(b) Identification of the location of

affected sources under the plan Refer to response. G

2.2(c) Quantification of the changes in the

plan’s allowable emissions Refer to response. G

2.2(d) Demonstration that the ambient air

quality will not deteriorate, etc. Refer to response. G

2.2(e) Modeling information Refer to response. G

2.2(f) Evidence that emissions limits are

continuous emission reduction technology-based Refer to response. G

2.2(g) Evidence that plan contains emissions

limits, etc. Refer to response. G

2.2(h) Compliance/enforcement provisions Refer to response. G

2.2(i) Special economic or technological

justifications as needed, or explanation of why justification not

needed Refer to response. G

# Section B

# Section CState of Kansas Air Quality Statutes

Chapter 65.--PUBLIC HEALTH Article 30.--AIR QUALITY CONTROL

65-3001. Title of act. K.S.A. 65-3002, 65-3003, 65-3005 through 65-3013 a nd 65-3015 through 65-3020 and K.S.A. 65-3008a, 65-3008b and 65-3024 through 65- 3028, and amendments thereto, shall be known and ma y be cited as the Kansas air quality act. History: L. 1967, ch. 347, § 1; L. 1970, ch. 261, § 1; L. 1993, ch. 13, § 1;

March 25.

65-3002. Definitions. As used in this act, unless the context clearly re quires

otherwise: (a) "Air contaminant" means dust, fumes, smoke, ot her particulate matter, vapor, gas, odorous substances, or any combination thereof, but not including water vapor or steam condensate. (b) "Air contamination" means the presence in the outdoor atmosphere of one or

more air contaminants. (c) "Air pollution" means the presence in the outd oor atmosphere of one or more air contaminants in such quantities and durati on as is, or tends significantly to be, injurious to human health or welfare, animal or pla nt life, or property, or would unreasonably interfere with the enjoyment of life o r property, or would contribute to the formation of regional haze. (d) "Alter" means any physical change in, or chang e in the method of operation of, an air contaminant emission stationary source w hich increases the amount of any regulated air pollutant emitted by such source or w hich results in the emission of any regulated air pollutant not previously emitted. (e) "Emission" means a release into the outdoor at mosphere of air contaminants. (f) "Deciview" means an atmospheric haze index tha t expresses changes in visibility conditions as defined in 40 C.F.R. 51.301 as in effect on July 1, 2005. (g) "Facility" means any building, structure, machi ne, equipment, device or installation (or group of buildings, structures, machines, equipment, devices or installations), whether temporary or permanent, loc ated on one or more contiguous or adjacent properties and under common control of the same person (or persons under common control). Such term shall not include locomo tives, diesel trucks or truck tractors unless otherwise required by the federal clean air act, as amended in November

1990. (h) "Modify" or "modification," when used in conju nction with an approval or permit action, means an amendment to an existing ap proval or permit initiated by the permittee. When used to describe a change in any ai r contaminant emission stationary source, "modify" shall have the same meaning as the term "alt er." (i) "Permittee" means the holder of an approval or the holder of a permit and includes both the owner and the operator of any app roved or permitted air contaminant

emission source. (j) "Person" means any individual, partnership, firm, association, munici pality, public or private corporation, subdivision or agenc y of the state or federal government, trust, estate or any other legal entity.

KDHE, Bureau of Air 1 Last Revised: February 23, 2010(k) "Regional haze" means visibility impairment, m easured in deciviews,

occurring over a large geographic area caused by th e cumulative emissions of gaseous and particulate air contaminants from numerous sources

. (l) "Reopen" means to seek an amendment to an exis ting approval or permit initiated by any person other than the permittee. (m) "Secretary" means the secretary of health and envir onment. (n) "Stationary source" means any building, struct ure, facility or installation which emits or may emit any air contaminant. History: L. 1967, ch. 347, § 2; L. 1970, ch. 261, § 2; L. 1974, ch. 352, § 135; L. 1993, ch. 13, § 2; L. 2006, ch. 84, § 1; July 1.

65-3003. Responsibility of secretary; administration

. The responsibility for air quality conservation and control of air polluti on is hereby placed with the secretary of health and environment. The secretary shall admi nister this act through the division

of environment. History: L. 1967, ch. 347, § 3; L. 1970, ch. 261, § 3; L. 1974, ch. 352, § 136; July 1.

65-3004. History: L. 1967, ch. 347, § 4; L. 1970, ch. 261, § 4; L. 1974, ch. 348, § 29; Repealed, L. 1974, ch. 352, § 189; July 1.

65-3005. Powers of the secretary. (a) The secretary shall have the power to: (1) Adopt, amend and repeal rules and regulations implementing and consistent

with this act. (2) Hold hearings relating to any aspect of or mat ter in the administration of this act concerning air quality control, and in connectio n therewith, compel the attendance of witnesses and the production of evidence. (3) Issue such orders, permits and approvals as may be necessary to e ffectuate the purposes of this act and enforce the same by al l appropriate administrative and judicial proceedings. (4) Require access to records relating to emission s which cause or contribute to air pollution. (5) Prepare and develop a comprehensive plan or pl ans for the prevention, abatement and control of air pollution originating in Kansas that affects air quality in

Kansas or in other states or both. (6) Adopt rules and regulations governing such public notification and comment procedures as authorized by this act. (7) Encourage voluntary cooperation by persons or affected groups to achieve the purposes of this act. (8)(A) Encourage local units of government to hand le air pollution problems within their respective jurisdictions and on a coop erative basis; (B) provide technical and consultative assistance therefor; and (C) enter into agreements with local units of government to administer all or part of the provisi ons of the Kansas air quality act in the units' respective jurisdictions. (9) Encourage and conduct studies, investigations and research relating to air contamination and air pollution and their causes, ef fects, prevention, abatement and

control. (10) Encourage air contaminant emission sources to voluntarily implement strategies, including the development and use of in novative technologies, market-based principles and other private initiatives to reduce or prevent pollution.

KDHE, Bureau of Air 2 Last Revised: February 23, 2010(11) Determine by means of field studies and sampl ing the degree of air

contamination and air pollution in the state and th e several parts thereof. (12) Establish ambient air quality standards for t he state as a whole or for any part thereof. (13) Collect and disseminate information and condu ct educational and training programs relating to air contamination and air polluti on. (14) Advise, consult and cooperate with other agen cies of the state, local governments, industries, other states, interstate o r interlocal agencies, and the federal government, and with interested persons or groups. (15) Accept, receive and administer grants or other funds or gifts from public and private entities, including the federal governm ent, for the purpose of carrying out any of the functions of this act. Such funds receiv ed by the secretary pursuant to this section shall be deposited in the state treasury to the account of the department of health

and environment. (16) Enter into contracts and agreements with other state agencies or subdivisions, local governments, other states, interstate agencies, the federal government or its agencies or private entities as i s necessary to accomplish the purposes of the Kansas air quality act. (17) Conduct or participate in intrastate or inter state emissions trading programs or other programs that demonstrate equivalent air q uality benefits for the prevention, abatement and control of air pollution in Kansas or in oth er states or both. (18) Prepare and adopt a regional haze plan as may be necessary to prevent, abate and control air pollution originating in Kans as that affects air quality in Kansas or in other states or both. Any regional haze plan pre pared by the secretary shall be no more stringent than is required by 42 U.S.C. 7491. (19) Participate in the activities of any visibili ty transport commission established under 42 U.S.C. 7492. The secretary sha ll report to the governor and the legislature on the activities of any such visibility tran sport commission annually. (b) It is a policy of the state to regulate the ai r quality of the state and implement laws and regulations that are applied equally and un iformly throughout the state and consistent with those of the federal government. (1) The secretary shall have the authority to prom ulgate rules and regulations to

establish standards to ensure that the state is in compliance with the provisions of the federal clean air act, as amended (42 U.S.C. sectio n 7401 et seq.). The standards so established shall not be any more stringent, restri ctive or expansive than those required under the federal clean air act, as amended, nor sh all the rules and regulations be enforced in any area of the state prior to the time required by the federal clean air act. If the secretary determines that more stringent, restr ictive or expansive rules and regulations are necessary, the secretary may implem ent the rules and regulations only after approval by an act of the legislature. The re strictions of this subsection shall not apply to the parts of the state implementation plan developed by the secretary to bring a nonattainment area into compliance when needed to have a United States environmental protection agency approved state implementation plan. (2) For any application for a permit required by f ederal or state law, the secretary shall not deny or delay the issuance of s uch permit when the requirements of

this act have been met. History: L. 1967, ch. 347, § 5; L. 1970, ch. 261, § 5; L. 1974, ch. 352, § 137; L. 1993, ch. 13, § 3; L. 2006, ch. 84, § 2; L. 2009, ch. 141, § 23; May

28.

KDHE, Bureau of Air 3 Last Revised: February 23, 201065-3006. Same; publication and enforcement of regula tions; employment of

personnel; services. The secretary shall: (a) Publish and enforce the rules, regulations and standards promulgated hereunder. The secretary shall furnish a copy of su ch rules, regulations or standards adopted hereunder to any citizen upon request. (b) Employ such professional, technical and other staff, and provide such technical, scientific and other services as may be required, including laboratory facilities, for the purpose of effectuating the pro visions of this act from funds appropriated and available for the purposes of this act. History: L. 1967, ch. 347, § 6; L. 1970, ch. 261, § 6; L. 1974, ch. 352, § 138; L. 1975, ch. 312, § 10; July 1.

65-3007. Air contaminant sources; classification; monitoring; reporting. (a) The secretary, by rule and regulation, shall classi fy air contaminant sources which, in the secretary's judgment, may cause or contribute t o air pollution, according to levels and types of emissions and other characteristics which relate to air pollution and m ay require reporting for any such class or classes. The classifications promulgated by th e secretary shall be made to apply to the state as a whole or to any designated area of the state, and shall be made with special reference to effects on health, economic and social factors, and physical effects on property. (b) The secretary shall require air contaminant em ission sources to monitor emissions, operating parameters, ambient impact of any source emissions or any other parameters deemed necessary by the secretary. The s ecretary may require air contaminant emission sources to keep records and ma ke reports consistent with the purposes of this act. (c) Any person operating or responsible for the operation of air contaminant sources of any class for which the rules and regula tions of the secretary require reporting shall make reports containing information as may be required by the secretary concerning location, size and height of contaminant outlets, processes employed, fuels used and the nature and time periods or duration of emissions, and such other information as is relevant to air pollution and ava ilable or reasonably capable of being

assembled. History: L. 1967, ch. 347, § 7; L. 1970, ch. 261, § 7; L. 1974, ch. 352, § 139; L. 1975, ch. 312, § 11; L. 1993, ch. 13, § 4; March 25.

65-3008. Approvals and permits for emission stationa ry sources. (a) No person shall construct, own, operate, install, alte r or use any air contaminant emission stationary source which, in accordance with rules a nd regulations, the secretary finds may cause or contribute to air pollution, unless an appropriate approval or permit has been issued for the source by the secretary under t his act. Approvals or permits issued by the secretary may be subject to conditions consistent wit h the purposes of this act and rules and regulations promulgated under this act. (b) The secretary shall require that applications for approvals and permits, and renewals thereof, under this act shall be accompani ed by application fees and such plans, specifications, compliance plans or other in formation as the secretary deems necessary. Applications shall be submitted on forms provided by the secretary and shall be signed by a responsible official of the source, who shall certify the accuracy of the

information submitted.

KDHE, Bureau of Air 4 Last Revised: February 23, 2010(c) The issuance or holding of an approval or perm it shall not convey any

property right or exclusive privilege to the holder thereof. (d) Without any further action on the part of the secretary, an approval or a permit shall become void and without effect on its expiration date unless a completed application form and any required fee are filed wit h the secretary on or before the expiration date of the approval or the permit. For purposes of this subsection, the secretary may specify by rule and regulation an amount of time prior to the expiration date of an operating permit by which a complete appl ication form and any required fee must be filed with the secretary in order to be con sidered timely filed. The secretary may provide for a grace period by rule and regulati on. (e) The secretary may issue by rule and regulation a general approval or permit covering numerous similar sources. Any general appr oval or permit shall comply with all requirements applicable to approvals or permits under this act. Any source covered by a general approval or permit must apply to the s ecretary and receive authority to operate under the general approval or permit. (f) The secretary may fix, charge and collect fees for approvals and permits, and the renewal thereof, to cover all or any part of th e cost of administering the provisions of Kansas air quality act, other than K.S.A. 65-302 7. The secretary shall adopt rules and regulations fixing such fees. The fees shall be dep osited in the state treasury and credited to the state general fund, except that if all or any portion of the regulatory

services for which a fee is collected under this se ction is performed by a county, citycounty or multicounty health department, that portion of such fee which pertain s to such services, as determined by the secretary, shall be credited to the local air quality control authority regulation services fund, which is hereby created in the state treasury, and shall be paid from such fund to such local air qual ity control authority. History: L. 1967, ch. 347, § 8; L. 1970, ch. 261, § 8; L. 1974, ch. 352, § 140; L. 1981, ch. 250, § 1; L. 1983, ch. 286, § 3; L. 1984, ch. 313, § 126; L. 1993, ch. 13, § 5; March 25.

65-3008a. Same; public comment and hearing; review. (a) No permit shall be issued, modified, renewed or reopened without first providing the public an opportunity to comment and request a public hearing on the prop osed permit action. The request for a public hearing on the issuance of a permit shall set forth the basis for the request and a public hearing shall be held if, in the judgment of the secretary, there is sufficient

reason. (b) The secretary shall affirm, modify or reverse the decision on such permit after the public comment period or public hearing, and shall affirm the issuance of any permit the terms and conditions of which comply wit h all requirements established by rules and regulations promulgated pursuant to the K ansas air quality act. Any person who participated in the public comment process or the public hearing who otherwise would have standing under K.S.A. 77-611, and amendm ents thereto, shall have standing to obtain judicial review of the secretary's final action on the permit pursuan t to the act for judicial review and civil enforcement of agency actions in the court of appeals. Any such person other than the applicant for or holder of the permit shall not be required to

have exhausted administrative remedies in order to be entitled to review. The court of appeals shall have original jurisdiction to review any such final agency action. T he record before the court of appeals shall be confine d to the agency record for judicial

review and consist of the documentation submitted to or developed by the secretary in making the final permit decision, including the per mit application and any addenda or

KDHE, Bureau of Air 5 Last Revised: February 23, 2010amendments thereto, the permit summary, the draft p ermit, all written comments

properly submitted to the secretary, all testimony presented at any public hearing held on the permit application, all responses by the app licant or permit holder to any written comments or testimony, the secretary's response to the public comments and testimony and the final permit. (c) When determined appropriate by the secretary, t he procedures set out in subsection (a) may be required prior to the issuanc e, modification, renewal or reopening of an approval. History: L. 1993, ch. 13, § 6; L. 2006, ch. 79, § 1; L. 20 09, ch. 141, § 24; May 28.

65-3008b. Same; suspension, revocation, denial, modi fication, issuance. (a) The secretary may suspend or revoke an approval or a permit if the permittee has violated any provision of the approval or the permi t, any provision of this act or any rule and regulation adopted under this act and applicabl e to the permitted source. (b) As applicable to the source for which the appr oval or permit is sought, the secretary may deny an approval or permit, or a rene wal thereof, if the applicant fails to: (1) Submit a complete application; or (2) submit an application fee. (c) The secretary may deny a permit for any propos ed new stationary source if the owner or operator of such a source fails to dem onstrate to the satisfaction of the secretary that any other stationary source owned or operated by such person, or by any entity controlling, controlled by or under common c ontrol with such person, in this state is in compliance, or meeting a schedule for complia nce, with all applicable emission

limitations and standards under this act and the fe deral clean air act, and amendments

thereto. (d) The secretary may modify or reopen an approval or a permit for cause. The secretary shall reopen a permit whenever requiremen ts under this act become applicable to a permitted source and three or more years remai n on the original term of the permit. Any permit revision incorporating a requirement ado pted by the secretary shall be effective as soon as practicable, but not later than 18 months after the p romulgation of the requirement by the United States environmental protection agency. (e) Within 15 days after the issuance of a notice of intent to take any action authorized by subsection (a), (b), (c) or (d), or w ithin 15 days after the secretary's written decision to affirm, modify or reverse a permit decision pursuant to subsection (b) of K.S.A. 65-3008a, the permittee may file a re quest for a hearing with the secretary. Each such notice of intent shall specify the provis ion of this act or rule and regulation allegedly violated, the facts constituting the alle ged violation and the secretary's

intended action. Each notice of intent or written d ecision to affirm, modify or reverse a permit decision shall state the permittee's right t o request a hearing. Such hearing shall

be conducted in accordance with the Kansas administrative procedure act. (f) The filing of a request by the permittee for a n approval or permit modification, revocation or amendment, or the filin g by the permittee of a notification of planned changes or anticipated noncompliance, does not stay any approval or permit

condition. (g) No permit shall be issued, modified, amended, revised or renewed unless the United States environmental protection agency has c ertified that such permit complies with the requirements of the federal clean air act, except that a permit may be issued if the United States environmental protection agency h as not notified the secretary of the

KDHE, Bureau of Air 6 Last Revised: February 23, 2010United States environmental protection agency's deci sion within 45 days after receipt of

the proposed permit by such agency. (h) The secretary shall issue or deny the permit ( including requests for modification or to reopen the permit): (1) Within three years of the date the United Stat es environmental protection agency approves the state permitting program pursua nt to the provisions of the federal clean air act, as amended in November 1990, for per mit applications submitted within the first full year after such date; (2) pursuant to the time schedule provided by titl e IV (acid rain) of the 1990 amendments to the federal clean air act, for air co ntaminant emission sources subject to that title; or (3) within 18 months after receiving a complete ap plication, in all other cases. (i) Failure of the secretary to issue or deny the permit, or grant or deny a request to modify or reopen the permit, within the period s tated in subsection (h) shall not result in the default issuance of a permit, permit amendme nt, permit modification or permit renewal nor shall such failure result in any other entity assuming jurisdiction to act on the permit or the request. History: L. 1993, ch. 13, § 7; March 25.

65-3009. Inspections. The secretary may designate competent representati ves who may enter and inspect any property, premise or place at any reasonable time for the purpose of investigating either an actual or possib le source of air pollution or of ascertaining the state of compliance with this act and regulations in force pursuant thereto. No person shall refuse entry or access to any authorized representative of the secretary who requests entry for purposes of inspec tion, and who presents appropriate credentials; nor shall any person obstruct, hamper or interfere with any such inspection. If requested, the owner or operator of the premises shall receive a report setting forth levels of emissions and any other facts found which relate to compliance status. History: L. 1967, ch. 347, § 9; L. 1970, ch. 261, § 9; L. 1974, ch. 352, § 141; July 1.

65-3010. Emission control requirements. (a) The secretary shall establish emission control requirements, and requirements for open burning (including appropriate prohibition thereof). Such requirements may be either for such areas as a whole or may vary from area to area, as may be appr opriate to facilitate accomplishment of the purposes of this act and in order to take ne cessary or desirable account of varying local conditions. Any emission which does not conform to a requirement in force pursuant to this subsection shall constitute a viol ation of this act. (b) Every local air quality conservation program t hat is established pursuant to K.S.A. 65-3016, as amended, shall be in compliance with the rules and regulations set forth for that area by the secretary. (c) Variations from the requirements of subsection (b) of this section may be included in a local air quality conservation progra m only after approval by the secretary, following demonstration to the satisfaction of the secretary that the proposed requirements are not less stringent than the standa rds and requirements established by the secretary and are otherwise consistent with the purposes of this act. Any requirement placed in force pursuant to this subsection shall b e preceded by public hearing. The secretary, upon evidence that conditions have chang ed or that additional or other information is relevant to a decision with respect to the emission control or open

KDHE, Bureau of Air 7 Last Revised: February 23, 2010burning requirements concerned may, after public he aring, withdraw any approval

previously given to a local requirement pursuant to this subsection. (d) The secretary shall establish reasonable ambie nt air quality standards for the state as a whole, or any part thereof, and shall re quire the emission control requirements of any local program to be consistent with such sta ndards in addition to meeting any other requirements pursuant to this section. History: L. 1967, ch. 347, § 10; L. 1970, ch. 261, § 10; L. 1974, ch. 352, § 142; July 1.

65-3011. Enforcement; procedure. (a) If the secretary or the director of the division of environment finds that any person has v iolated any provision of any approval, permit or compliance plan or any provisio n of this act or any rule and regulation promulgated under this act, the secretar y may issue an order finding such person in violation of the act and directing the person to take such action a s necessary to correct the violation. Any order issued shall speci fy the length of time after receipt of the order during which the person must correct the vio lations. (b) Any person to whom an order is issued pursuant to subsection (a) may request a hearing within 15 days after service of t he order. Hearings before the secretary

shall be conducted in accordance with the Kansas ad ministrative procedure act. History: L. 1967, ch. 347, § 11; L. 1970, ch. 261, § 11; L. 1974, ch. 352, § 143; L. 1988, ch. 356, § 201; L. 1993, ch. 13, § 9; March 25.

65-3012. Action to protect health or environment; ju dicial review procedures. (a) Upon receipt of evidence that emissions from a n air pollution source or combination of air pollution sources presents: (1) An imminent and substantial endangerment to public health or welfare or to the environment; or (2) for an imminent or actual violation of this act, any rules and regulations adopted under this act, any orders issued under this act or any permit conditio ns required by this act, the secretary may issue a temporary order not to exceed seven day s in duration, directing the owner or operator, or both, to take such steps as necessa ry to prevent the act or eliminate the practice. (b) Upon issuance of the temporary order, the secr etary may commence an action in the district court to enjoin acts or prac tices specified in subsection (a) or request the attorney general or appropriate county or district attorney to commence an action to enjoin those acts or practices. (c) The secretary may bring suit in any court of c ompetent jurisdiction to immediately restrain the acts or practices specifie d in subsection (a). An action for injunction under this subsection shall have precede nce over other cases in respect to

order of trial. (d) The owner or operator, or both, aggrieved by a n order of the secretary issued pursuant to this section shall be immediately entit led to judicial review of such agency action by filing a petition for judicial review in district court. The aggrieved party shall not be required to exhaust administrative remedies. A petition for review under this subsection shall have precedence over other cases i n respect to order of trial. History: L. 1967, ch. 347, § 12; L. 1970, ch. 261, § 12; L. 1974, ch. 352, § 144; L. 1993, ch. 13, § 12; L. 2009, ch. 141, § 25; May 28.

65-3013. Variances; hearing. (a) Any person who owns or is in control of any plant, building, structure, process or equipment ma y apply to the secretary for a variance

KDHE, Bureau of Air 8 Last Revised: February 23, 2010from rules and regulations governing the quality, n ature, duration or extent of emissions.

The application shall be accompanied by such inform ation and data as the secretary may reasonably require. The secretary may grant such va riance if the secretary finds that: (1) The emissions occurring or proposed to occur d o not endanger or tend significantly to endanger human health or safety; and (2) Compliance with the rules and regulations from which variance is sought would produce serious hardships without equal or greater benefits to the public. (b) No variance shall be granted pursuant to this section except after public hearing on due notice and until the secretary has c onsidered the relative interests of the applicant, other owners of property likely to be affected by the discharges, and the general public. (c) Any variance or renewal thereof shall be grant ed within the requirements of subsection (a) and for time periods and under conditions consistent with the reasons therefor, and within the following limitations: (1) If the variance is granted on the ground that there is no practicable means known or available for the adequate prevention, aba tement or control of the air pollution involved, it shall be only until the necessary mean s for prevention, abatement or control become known and available and subject to the takin g of any substitute or alternate measures that the secretary may prescribe. (2) If the variance is granted on the ground that compliance with the particular requirement or requirements from which variance is sought will necessitate the taking of measures which, because of their extent or cost, mu st be spread over a considerable period of time, it shall be for a period not to exc eed such reasonable time as the secretary finds is requisite for the taking of the necessary measures. A variance granted on the ground specified herein shall contain a time table for the taking of action in an expeditious manner and shall be conditioned on adhe rence to such timetable. (3) If the variance is granted on the ground that it is justified to relieve or prevent hardship of a kind other than that provided for in subsections (c)(1) and (2), it shall be for not more than one year. (d) Any variance granted pursuant to this section may be renewed on terms and conditions and for periods which would be appropria te on initial granting of a variance. If complaint is made to the secretary on account of the variance, no renewal thereof shall be granted, unless following public hearing o n the complaint on due notice, the secretary finds that renewal is justified. No renew al shall be granted except on application therefor. Any such application shall be made at least 60 days prior to the expiration of the variance. Immediately upon receip t of an application for renewal the secretary shall give public notice of such applicat ion in accordance with rules and regulations of the secretary. (e) A variance or renewal shall not be a right of the applicant or holder thereof but shall be in the discretion of the secretary. Wi thin 15 days after the secretary's written decision to grant or deny a variance or renewal the reof, the applicant or holder of a variance or renewal may file a request for a hearing with the secretary. Such hearing

shall be conducted in accordance with the Kansas ad ministrative procedure act. However, any person who participated in the public comment process or the public hearing or who otherwise would have standing under K.S.A. 77-611, and amendments thereto, and is adversely affected by any final action of the secretary pursuant to this section shall have standing to obtain judicial revi ew of the secretary's final action on the variance or renewal in the court of appeals. Any su ch person other than the applicant for

KDHE, Bureau of Air 9 Last Revised: February 23, 2010or holder of the permit shall not be required to ha ve exhausted administrative remedies

in order to be entitled to review. The court of app eals shall have original jurisdiction to review any such final agency action. The record bef ore the court of appeals shall be confined to the agency record for judicial review a nd consist of the documentation submitted to or developed by the secretary in makin g the final variance or renewal decision, including the variance or renewal applica tion and any addenda or amendments thereto, the variance or renewal summary, the draft variance or renewal, all written comments properly submitted to the secretary, all t estimony presented at any public hearing held on the variance or renewal application , all responses by the applicant or holder of a variance or renewal to any written comm ents or testimony, the secretary's response to the public comments and testimony and t he final variance or renewal. (f) Nothing in this section and no variance or ren ewal granted pursuant hereto shall be construed to prevent or limit the applicat ion of the emergency provisions and procedures of K.S.A. 65-3012, and amendments theret o, to any person or any person's
property. History: L. 1967, ch. 347, § 13; L. 1970, ch. 261, § 13; L. 1974, ch. 352, § 145; L. 1986, ch. 318, § 93; L. 1988, ch. 356, § 20 2; L. 2006, ch. 79, § 2; April 13.

65-3014. History: L. 1967, ch. 347, § 14; L. 1970, ch. 261, § 14; L . 1974, ch. 352, § 146; L. 1986, ch. 318, § 94; Repealed, L. 199 3, ch. 13, § 18; March 25.

65-3015. Records and information open; trade secret exception. (a) Except as provided in subsection (b), any records, reports or information obtained pursuant to this act shall be available to the public. (b) Upon a showing satisfactory to the secretary by any person that records, reports or information, or a particular part thereo f (other than emission data), to which the secretary has access under this act, if made pu blic, would divulge methods or processes entitled to protection as trade secrets o f such person under the uniform trade secrets act (K.S.A. 60-3320 et seq. and amendments thereto), the secretary shall consider such record, report or information, or par ticular portion thereof, confidential, except that: (1) Such record, report or information may be disclosed to officers, employees or authorized representatives of the Unit ed States government concerned with carrying out responsibilities under the federa l clean air act and amendments thereto; and (2) this subsection shall not apply to any provision in any air quality approval or permit issued by the secretary and the public shall have access to such approvals and permits in their entirety. History: L. 1967, ch. 347, § 15; L. 1970, ch. 261, § 15; L. 1973, ch. 254, § 1; L. 1974, ch. 352, § 147; L. 1993, ch. 13, § 13; L. 2005, ch. 67, § 7; July 1.

65-3015a. History: L. 1970, ch. 261, § 20; Repealed, L. 1973, ch. 25 4, § 2; July

1.

65-3016. Local air quality conservation programs. Any city, county, city and county, or any combination of two (2) or more citie s, counties or cities and counties are authorized to conduct tests and surveys to determine the degree of purity of the air within its jurisdiction, and may request consultati on, technical assistance and cooperation from the secretary in conducting such t ests and surveys. If such tests and surveys indicate that unsatisfactory air quality ex ists, is likely to exist or is likely to occur, the governing body of said city or county sh all have the authority, upon approval

KDHE, Bureau of Air 10 Last Revised: February 23, 2010of the secretary, to establish a local air quality conservation authority: Provided, That no

local air quality conservation authority shall be s o approved, except after a public hearing as provided in this act. Any local air qual ity conservation authority which was in existence prior to May 1, 1967, may apply to the secretary for approval as a local air quality conservation authority hereunder. In approv ing or disapproving the formation of a local air quality conservation authority, the sec retary shall determine: (1) The need for a local air quality conservation authority in the j urisdiction proposed; (2) the likely ability of the local air quality conservation autho rity, as proposed, to maintain satisfactory air quality in its jurisdiction; and ( 3) whether or not the jurisdiction of the proposed local air quality conservation authority comple tely contains the affected area. Local air quality control authorities shall have au thority to enforce the rules, regulations and standards adopted by the secretary and to establish such additional rules, regulations and standards as necessary to maintain satisfactory air quality within their jurisdiction: Provided, That any rule, regulation or standard established by a local air quality conservation authority pertaining to health hazard shall be in compliance with the rules and regulations set forth for that area b y the secretary: Provided further, That until the secretary shall adopt rules, regulations and standards respecting any area within the jurisdiction of a local air quality conservatio n authority, the rules, regulations and standards of such local authority respecting said a rea or areas shall have full force and effect without approval thereof by the secretary. Upon the establishment of a local air quality conser vation authority, such authority and the secretary shall have concurrent j urisdiction over the local area with power and authority to maintain adequate air qualit y in accordance with the rules, regulations and standards adopted by the secretary. When two (2) or more cities, two (2) or more counti es or a city and a county, or any combination thereof, are affected by a common ai r mass of unsatisfactory quality and the respective local air quality control author ities, if such exist, are for any reason unable to agree upon a solution or settlement to su ch air quality problem, the secretary shall, after review and investigation, render decis ions and make findings in settlement

thereof. History: L. 1967, ch. 347, § 16; L. 1970, ch. 261, § 16; L. 1974, ch. 352, § 148; July 1.

65-3017. Motor vehicle pollution. (a) As the state of knowledge and technology relating to the control of emissions fro m motor vehicles may permit or make appropriate, and in furtherance of the purposes of this act, the secretary may provide by rules and regulations for the control of emissions from motor vehicles. Such rules and regulations may prescribe requirements for the inst allation and use of equipment designed to reduce or eliminate emissions and for t he proper maintenance of such equipment and of vehicles. Any rules or regulations pursuant to this section shall be consistent with provisions of federal law or regulations, if any, relating to control of

emissions from the vehicles concerned. The secretar y shall not require, as a condition precedent to the initial sale of a vehicle or vehic ular equipment, the inspection, certification or other approval of any feature or e quipment designed for the control of emissions from motor vehicles, if such feature or e quipment has been certified, approved or otherwise authorized pursuant to federa l law. (b) As used in this section "motor vehicle" shall have the same meaning as in

K.S.A. 8-1437. History: L. 1967, ch. 347, § 17; L. 1970, ch. 261, § 17; L . 1974, ch. 352, § 149; L. 1975, ch. 33, § 8; L. 1976, ch. 52, § 4; July 1.

KDHE, Bureau of Air 11 Last Revised: February 23, 201065-3018. Administrative fines. (a) The secretary or the director of the division

of environment, upon a finding that a person has violated any provision of K.S .A. 65- 3025 and amendments thereto, may impose a penalty n ot to exceed $10,000 which shall

constitute an actual and substantial economic deterrent to the violation for w hich it is assessed. In the case of a continuing violation, eve ry day such violation continues shall be deemed a separate violation. (b) No penalty shall be imposed pursuant to this s ection except after notice of violation and opportunity for hearing upon the writ ten order of the secretary or the

director of the division of environment issued to t he person who committed the violation. The order shall state the violation, the penalty to be imposed and the right to request a hearing thereon. The request for hearing shall be in writing, directed to the secretary and filed with the secretary within 15 da ys after service of the order. Hearings

under this section shall be conducted in accordance with the Kansas administrative procedure act. (c) Nothing in this act shall be construed to abri dge, limit or otherwise impair the right of any person to damages or other relief on account of injury to persons or property and to maintain any action or other approp riate proceeding therefor. History: L. 1967, ch. 347, § 18; L. 1970, ch. 261, § 18; L. 1974, ch. 352, § 150; L. 1993, ch. 13, § 14; March 25.

65-3019. Application of act; limitations. Nothing in this act shall be construed

to: (a) Grant the secretary any jurisdiction or author ity with respect to air contamination existing solely within commercial and industrial plants, works and shops. (b) Affect the relations between employers and emp loyees. (c) Supersede or limit the applicability of any la w or ordinance relating to industrial health, safety or sanitation. History: L. 1967, ch. 347, § 19; L. 1970, ch. 261, § 19; L. 1974, ch. 352, § 151; July 1.

65-3020. Severability. If any clause, paragraph, subsection or section of this act shall be held invalid or unconstitutional, it s hall be conclusively presumed that the legislature would have enacted the remainder of thi s act without such clause, paragraph,

subsection or section. History: L. 1967, ch. 347, § 20; May 2.

65-3021. Power generation facility; impact upon air quality; definitions. As used in this act the following terms shall have the meanings ascribed to them herein: (a) "Power generation facility" means any physical plan t used for the production or generation of electricity, or coal gasification facil ity. (b) "Secretary" means the secretary of health and envir onment. (c) "Person" means any individual, company, corpor ation, institution, municipality, township, county, state agency or fed eral agency. History: L. 1978, ch. 352, § 1; July 1.

65-3022. Same; determining and monitoring of power g eneration facilities environmental impact; programs for; fees; rules and regulations. In order to defray costs in determining and monitoring the environment al impact of power generation facilities with respect to air quality and, in the case of nuclear powered generation facilities, the overall radiological impact thereof , the secretary is authorized and

KDHE, Bureau of Air 12 Last Revised: February 23, 2010directed to adopt rules and regulations to provide for the establishment of fees and for

the collection thereof from each such facility. Suc h fees shall be determined and collected annually, and such determination shall be base d upon the size and type of such facilities. In establishing programs for determinin g and monitoring environmental impact, the secretary shall take into consideration monitoring programs conducted by other persons and where possible avoid duplication of effort and expense. The secretary may also provide for quality review and evaluation of monitoring conducted by other persons in order to further the objectives of this act and to determine the extent and necessity of monitoring programs to be conducted by the department of health and

environment. History: L. 1978, ch. 352, § 2; July 1.

65-3023. Same; fees; disposition of moneys; power ge nerating facility fee

fund created. The secretary shall remit all moneys received from fees under K.S.A. 65- 3022, and amendments thereto, to the state treasure r in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon rec eipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the power generating facility fee fund, which fund is h ereby created. All expenditures from such fund shall be made in accordance with appropri ation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary. History: L. 1978, ch. 352, § 3; L. 1983, ch. 286, § 4; L. 20 01, ch. 5, § 242; July 1.

65-3024. Emissions fees. (a) The secretary may fix, charge and collect annu al emissions fees in amounts necessary to pay the dire ct and indirect costs of administering the provisions of the Kansas air quality act. The s ecretary shall adopt rules and regulations fixing such fees and shall periodically increase or decrease such fees

consistent with the need to cover the direct and in direct costs of administering the program. To the extent possible, annual emission fees shall be based upon actual emissions determined pursuant to rules and regulati ons adopted by the secretary. For purposes of determining emission fees for a facilit y, emissions of any single regulated pollutant in excess of 4,000 tons per year shall no t be included in the calculation when determining the total emissions from the facility. (b) There is hereby established in the state treas ury the air quality fee fund. Revenue from the following sources shall be deposit ed in the state treasury and credited

to the fund: (1) Fees collected under subsection (a); (2) any moneys recovered by the state under the pr ovisions of this act, including administrative expenses, civil penalties and moneys paid under any agreement, stipulation or settlement; and (3) interest attributable to investment of moneys in t he fund. (c) Moneys deposited in the fund shall be expended only for the purpose of administering the Kansas air quality act, including funding of a technical and environmental compliance assistance program, and for no ot her governmental purposes. (d) On or before the 10th of each month, the direc tor of accounts and reports shall transfer from the state general fund to the a ir quality fee fund interest earnings

based on: (1) The average daily balance of moneys in the air quality fee fund for the preceding month; and

KDHE, Bureau of Air 13 Last Revised: February 23, 2010(2) the net earnings rate of the pooled money inve stment portfolio for the

preceding month. (e) All expenditures from the fund shall be made i n accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary for the purpo ses set forth in this section. History: L. 1993, ch. 13, § 8; L. 1996, ch. 253, § 13; May 2 3.

65-3025. Unlawful acts. It shall be unlawful for any person to do any of t he following: (a) Violate any provision of an order issued under th is act. (b) Violate any provision of an approval or permit is sued under this act. (c) Violate any provision of this act or any rule and regulation promulgated under this act, unless the secretary makes a determ ination relating to the permittee that the specified provisions referred to in such determi nation are not applicable to the source and the permit includes that determination o r a concise summary thereof. Compliance with the provisions of a permit shall be deemed compliance with applicable provisions of this act or any rule and regulation p romulgated under this act if the permit includes the applicable requirements of such provis ions. Nothing in this subsection (c) or in any permit shall alter or affect: (1) The prov isions of section 303 of the federal clean air act (emergency orders), including the aut hority of the administrator of the United States environmental protection agency under that section; (2) the provisions of K.S.A. 65-3012 and amendments thereto; (3) the liab ility of an owner or operator of a source for any violation of applicable requirements prior to or at the time of permit issuance; (4) the applicable requirements of the ac id rain program consistent with section 408a of the federal clean air act; (5) the ability of the United States environmental protection agency to obtain informati on from a source pursuant to section 114 of the federal clean air act; or (6) th e ability of the secretary to obtain information from a source pursuant to this act. (d) Construct, modify, alter, use or operate an ai r contaminant emission stationary source without an approval or permit all owing such construction, modification, alteration, use or operation. (e) At any time, refuse or hinder entry, inspectio n, sampling or examination or copying of records related to the purposes of this act by an agent or employee of the secretary after such agent or employee identifies a nd gives notice of the agent's or employee's purpose. (f) Fail to pay any fee required by this act or rules and regulations promulgated

under this act. (g) Knowingly make any false material statement, r epresentation or certification in any application, record, report, permit or other document filed, maintained or used for purposes of compliance with this act. (h) Knowingly destroy, alter or conceal any record required to be maintained under rules and regulations promulgated by the secr etary under this act. History: L. 1993, ch. 13, § 10; March 25.

65-3026. Criminal penalties. (a) Violation of any provision of subsections (a) through (f) of K.S.A. 65-3025, and amendments there to, is a class A nonperson

misdemeanor.

KDHE, Bureau of Air 14 Last Revised: February 23, 2010(b) Knowingly violating any provision of K.S.A. 65 -3025 is a severity level 10,

nonperson felony. (c) In the case of a continuing violation, every da y such violation continues shall be deemed a separate violation. (d) The county or district attorney of every count y shall file appropriate actions for enforcement of this section upon request of the secretary or upon the county or district attorney's own motion after consultation w ith the secretary. History: L. 1993, ch. 13, § 11; L. 1995, ch. 251, § 19; July 1.

65-3027. Small business assistance program; compliance advisory panel. (a) There is hereby created the small business stationary source technical and environmental compliance assistance program, to be administered by the secretary. The program shall include each of the following: (1) Adequate mechanisms for developing, collecting and coordinating information concerning compliance methods and techn ologies for small business stationary sources and programs to encourage lawful cooperation among such sources and other persons to further compliance with this act. (2) Adequate mechanisms for assisting small busine ss stationary sources with pollution prevention and accidental release detecti on and prevention, including providing information concerning alternative techno logies, process changes, products and methods of operation that help reduce air pollution. (3) A designated office within the Kansas departme nt of health and environment, reporting directly to the secretary, t o serve as ombudsman for small business stationary sources in connection with implemen tation of this act. (4) A compliance assistance program for small busi ness stationary sources which assists small business stationary sources in determining applicable requirements and in receiving permits under this act in a timely and e fficient manner. (5) Adequate mechanisms to assure that small busin ess stationary sources receive notice of their rights under this act in su ch manner and form as to assure reasonably adequate time for such sources to evalua te compliance methods and any relevant or applicable proposed or final rule and r egulation or standard adopted under

this act. (6) Adequate mechanisms for informing small busine ss stationary sources of their obligations under this act, including mechani sms for referring such sources to qualified auditors or for providing audits of the o perations of such sources to determine compliance with this act. (7) Procedures for consideration of requests from a small business stationary source for modification of: (A) Any work practice o r technological method of compliance; or (B) the schedule of milestones for i mplementing such work practice or method of compliance preceding any applicable compl iance date, based on the technological and financial capability of any such small business stationary source. No such modification may be granted unless it is in co mpliance with the applicable requirement of this act and rules and regulations p romulgated hereunder. (b) "Small business stationary source" means a sta tionary air contaminant

emission source that: (1) Is owned or operated by a person that employs 100 or fewer i ndividuals; (2) is a small business concern as defined in the federal small business act; (3) is not a major stationary source;

KDHE, Bureau of Air 15 Last Revised: February 23, 2010(4) does not emit 50 tons or more per year of any regulated air c ontaminant; and (5) emits less than 75 tons per year of all regulated air contaminants. (c) Upon petition by a source, the secretary, afte r notice and opportunity for public comment, may include as a small business sta tionary source for purposes of this section any stationary source which does not meet t he criteria of subsection (b)(3), (4) or (5) but which does not emit more than 100 tons p er year of all regulated air

contaminants. (d) The secretary may exclude from the small busin ess stationary source definition any category or subcategory of sources t hat the administrator of the United States environmental protection agency determines t o have sufficient technical and financial capabilities to meet the requirements of the federal clean air act without the application of this program, as provided by section 507(c)(3)(A) of the 1990

amendments to the federal clean air act. (e) The secretary, in consultation with the admini strator of the United States environmental protection agency and the administrat or of the United States small business administration and after providing notice and the opportunity for public hearing, may exclude from the small business station ary source definition any category or subcategory of sources that the secretary determ ines to have sufficient technical and financial capabilities to meet the requirements of the act without the application of this

section. (f) There is hereby created a compliance advisory panel composed of seven individuals. The compliance advisory panel shall: (1) Render advisory opinions concerning the effect iveness of the small business stationary source technical and environmental compl iance assistance program, difficulties encountered and degree and severity of enforcement; (2) make periodic reports to the administrator of t he United States environmental protection agency concerning complian ce of the small business stationary source technical and environmental compl iance assistance program with the requirements of the federal paperwork reduction act , the regulatory flexibility act and the equal access to justice act; (3) review information for small business stationa ry sources to assure such information is understandable by the layperson; and (4) have the small business stationary source tech nical and environmental compliance assistance program serve as the secretar iat for the development and dissemination of such reports and advisory opinions. (g) The compliance advisory panel shall consist of: (1) Two members who are not owners, or representati ves of owners, of small business stationary sources, appointed by the governor to represent the ge neral public; (2) two members who are owners, or who represent ow ners, of small business stationary sources, one appointed by the speaker an d one appointed by the minority leader of the Kansas house of representatives; (3) two members who are owners, or who represent ow ners, of small business stationary sources, one appointed by the president and one appointed by the minority leader of the Kansas senate; and (4) one member appointed by the secretary to repre sent the department of health

and environment. (h) Members of the compliance advisory panel servi ng on the effective date of this act by appointment by the governor, the speake r of the house of representatives or

KDHE, Bureau of Air 16 Last Revised: February 23, 2010the president of the senate shall serve for terms e nding June 30, 1998; members serving

on the effective date of this act by appointment by the minority leader of the house of representatives, the minority leader of the senate or the secretary of health and environment shall serve for terms ending June 30, 1 997. Upon expiration of such terms, the term of each member appointed to a vacancy crea ted by expiration of a term shall be two years commencing on July 1 immediately following expiration of the term of the member's predecessor. Any vacancy occurring on the panel shall be filled for the unexpired term by appointment by the original appoi nting authority. (i) A chairperson shall be elected annually by the members of the compliance advisory panel. A vice-chairperson shall be designa ted by the chairperson to serve in the absence of the chairperson. (j) The secretary may reduce any fee required by t his act for any classification

of small business sources to take into account the financial resources of such

classification. History: L. 1993, ch. 13, § 15; L. 1997, ch. 18, § 1; Apr. 3.

65-3028. Rules and regulations continued in effect. All rules and regulations promulgated pursuant to K.S.A. 65-3001 et seq ., and amendments thereto, in existence

on the effective date of this act shall continue to be effective until revised, amended, repealed or nullified pursuant to law. History: L. 1993, ch. 13, § 16; March 25.

65-3029. Duties of secretary; approval of prevention of significant deterioration permit. (a) The secretary shall timely approve a preventio n of significant deterioration permit (PSD) to sunflower electric po wer corporation to be issued consistent with the settlement agreement executed M ay 4, 2009, by sunflower electric power corporation and the governor of the state of Kansas to resolve all claims or causes of action, or both, pending before various courts a nd administrative agencies consistent with article V of the settlement agreement. (b) This section shall be part of and supplemental to the Kansas air quality act. History: L. 2009, ch. 141, § 42; May 28.

65-3030. Severability clause. The provisions of this act [*] are declared to be severable and if any provision, word, phrase or cla use of the act or the application thereof to any person shall be held invalid, such i nvalidity shall not affect the validity of the remaining portions of this act. History: L. 2009, ch. 141, § 43; May 28.

Please note that this copy of the Kansas Air Qualit y Statutes may contain typographical

errors. The text contained herein is from the State of Kansas Legislature website:

http://www.kslegislature.org/legsrv-statutes/index. do

KDHE, Bureau of Air 17 Last Revised: February 23, 2010

The following disclaimer is from that website:

NOTICE

The text of the Kansas Statutes is provided with th e permission of the Revisor of Statutes

of the State of Kansas.

The Information Network of Kansas (INK) has made every effort to create an accurate electronic representation of the Kansas Statutes. I n some cases there may be minor discrepancies with the printed document. In those c ases neither INK nor the State of

Kansas shall be liable for the effect of those disc repancies.

# Section D

# Section D – Plan Revision

Revision to the Kansas Air Quality State Implementation Plan for Implementation,

Maintenance and Enforcement of the National Ambient Air Quality Standards



# 2006 24-hour PM 2.5 

# NAAQS

April 20102 Table of Contents – Section D

I. Introduction and Background........................

................................................... ..................................... 3

II. §110(a)(2)(A) Enforceable Emissions Limitations and Other Control Measures............................ ..... 4

III. §110(a)(2)(B) Air Quality Monitoring, Compilation, Data Analysis, and Reporting....................... .... 4

IV. §110(a)(2)(C) Enforcement and Stationary Source Per mits ............................................... .................. 5

V. §110(a)(2)(D) Interstate Transport.................

................................................... .................................... 6

VI. §110(a)(2)(E) Resources, Conflict of Interest, and Emergency Backstop ................................. ........... 7

VII. §110(a)(2)(F) Stationary Source Emissions Monitorin g and Reporting .................................... ........... 8

VIII. §110(a)(2)(G) Emergency Powers and Contingency Plan s ................................................... ............... 9

IX. §110(a)(2)(H) SIP Revisions for Revised Air Quality Standards or New Attainment Methods .......... 9

X. §110(a)(2)(I) SIP Revisions for New Nonattainment Are as................................................. ................ 10

XI. §110(a)(2)(J) Consultation and Public Notification..

................................................... ......................... 10

XII. §110(a)(2)(K) Air Quality Modeling and Reporting...

................................................... ....................... 12

XIII. §110(a)(2)(L) Major Stationary Source Permitting Fe es .................................................. .................... 12

XIV. §110(a)(2)(M) Consultation with Local Entities.....

................................................... ........................... 123



### I. Introduction and Background

Section 110(a) of the Clean Air Act (CAA) requires states to submit an implementation plan to the United States Environmental Protection Agency ( USEPA) Administrator that provides for implementation, maintenance, and enforcement of nat ional ambient air quality standards (NAAQS). Section 110(a)(2) lists the elements that are to comprise the state implementation plan (SIP). Several of the elements in §110(a)(2) specifically address the need for states to demonstrate the ability to implement, maintain, and enforce the air quality standards. These elements are sometimes compiled and submitted separ ately in what is referred to as an

“infrastructure” SIP. This document is the infrast ructure SIP for the revised PM 2.5 air quality standards as codified in 40 CFR Part 50, proposed on January 17, 2006, and finalized on October 17, 2006.

The elements of §110(a)(2) are listed below.

• §110(a)(2)(A) Enforceable Emission Limitations and Other Control Measures

• §110(a)(2)(B) Air Quality Monitoring, Compilation, Data Analysis, and Reporting

• §110(a)(2)(C) Enforcement and Stationary Source Per mitting

• §110(a)(2)(D) Interstate Transport

• §110(a)(2)(E) Resources, Conflict of Interest, and Emergency Backstop

• §110(a)(2)(F) Stationary Source Emissions Monitorin g and Reporting

• §110(a)(2)(G) Emergency Powers and Contingency Plan s

• §110(a)(2)(H) SIP Revision for Revised Air Quality Standards or New Attainment

Methods

• §110(a)(2)(I) SIP Revisions for New Nonattainment Ar eas

• §110(a)(2)(J) Consultation and Public Notification

• §110(a)(2)(K) Air Quality Modeling and Reporting

• §110(a)(2)(L) Major Stationary Source Permitting Fe es

• §110(a)(2)(M) Consultation with Local Entities

Most of these elements are addressed in the compreh ensive §110(a)(2) SIP submitted by Kansas in 1972 in response to the CAA of 1970. This submi ttal continues to affirm Kansas’ commitment to comply with §110(a)(2) requirements a nd is incorporated by reference into this

submittal.

The following discussions respond to the new elemen ts required by the 1990 CAA Amendments and commitments required by the adoption of revised PM 2.5 (2006) air quality standards as codified in 40 CFR Parts 50, 51, 52, a nd 81.4



### II. §110(a)(2)(A) Enforceable Emissions Limitations and Other Control

Measures

Section 110(a)(2)(A) requires a SIP to include enfo rceable emission limits and other control measures, means, or techniques (including economic incentives such as fees, marketable permits, and auctions of emissions rights), as well as sched ules of compliance and other related matters to attain and maintain the NAAQS.

The Kansas Air Quality Program, located within the Bureau of Air (BOA) in the Kansas Department of Health and Environment (KDHE), monito rs and tracks air pollutants across Kansas to assure that health-based air quality stan dards set by USEPA are not exceeded. Data is used to develop the appropriate regulatory or outre ach strategies to reduce air pollution levels and improve air quality. The program is also respon sible for issuing air emission permits for facilities and assuring compliance with state and f ederal regulations for air pollutants. The statutory authority granted at K.S.A. 65-3010, Emis sion Control Requirements, as well as Kansas Air Quality Regulations applicable to indivi dual facilities, fulfills the requirements of §110(a)(2)(A).



### III. §110(a)(2)(B) Air Quality Monitoring, Compilat ion, Data Analysis, and Reporting

Section 110(a)(2)(B) requires the establishment and operation of devices, methods, systems, and procedures necessary to monitor, compile, and analy ze ambient air quality data and to provide

the data to USEPA.

Kansas has an air quality monitoring network, opera ted by KDHE and local air quality agencies, that collects air quality data that are compiled, a nalyzed, and reported to USEPA. KDHE’s website contains up-to-date information about air q uality monitoring, including a description of

the network and information about PM 2.5 monitoring. K.S.A. 65-3005 authorizes the collecti on of this data, and K.S.A. 65-3015 states the data sh all be made available to the public.

Information regarding all aspects of the program, in cluding Kansas Air Quality Reports, is available at http://www.kdheks.gov/bar/air-monitor.

In addition to the network of federally-approved re ference monitors that measure PM 2.5 mass, KDHE operates continuous PM 2.5 mass monitors. For PM 2.5 speciation, KDHE analyzes filters collected by two monitors in Kansas City-Kansas and Wichita. The PM 2.5 data can be accessed

from two interactive databases:

• Historical data is on the Aerometric Data Analysis and Management system.

• Real-time data is on the Air Quality and Meteorolog ical Information System.

The state of Kansas consists of 105 counties, which are listed at 40 CFR Part 81.317, “Designation of Areas for Air Quality Planning Purp oses – Kansas”. All of Kansas is designated5

Unclassifiable/Attainment for the 2006 24-hour PM 2.5 NAAQS per the final rule published in the Federal Register on November 13, 2009, which became e ffective on December 14, 2009.

KDHE commits to continue operating an air quality m onitoring network that complies with USEPA requirements, and to provide quarterly reports of compiled and analyzed air quality monitoring data to USEPA.



### IV. §110(a)(2)(C) Enforcement and Stationary Source Permits

Section 110(a)(2)(C) requires states to implement a program for the enforcement of control

measures associated with the “attainment SIP” and a permit program for stationary sources. KDHE’s BOA implements and manages these programs thr ough its Air Compliance and Enforcement Section (ACES) and its Air Permitting S ection (APS) in coordination with the Bureau of Environmental Field Services (BEFS) distr ict offices.

KDHE’s ACES is responsible for determining complian ce, and if needed, issuing enforcement actions due to non-compliance as authorized by K.S.A . 65-3011. Air emissions sources in Kansas are subject to state and federal air quality regulations. Depending on the type and quantity of emissions, sources are required to obta in permits and conduct activities such as testing, monitoring, recordkeeping, and reporting t o demonstrate compliance as authorized by

K.S.A. 65-3008 and 65-3008b. The ACES staff uses a combination of inspections, performance test evaluations, report reviews, technical assista nce, and enforcement actions to ensure facilities comply with the applicable air quality regulations and permits. Staff from KDHE’s district offices, as well as the four cooperating local agen cies, conduct inspections and investigate complaints as authorized by K.S.A. 65-3009 and forwa rd the results to the ACES staff for review and response. The ACES staff oversees performance t ests through approval of proposed test plans, on-site observation of performance tests, and review and approval of the reported test results. Periodic reports are evaluated for compli ance. The ACES staff also provides public outreach and compliance assistance. When a source violates an air quality standard, ACES staff

issues formal enforcement actions and works with th e source to return them to compliant regulatory status, as authorized by K.S.A. 65-3011. Details about the program can be found at http://www.kdheks.gov/air-permit/CEtech_guidance.ht ml.

The APS is responsible for reviewing air quality co ntrol permit applications and issuing permits

for air emissions in accordance with state and fede ral air quality regulations. The state authority is granted at K.S.A. 65-3008. The APS issues const ruction permits and approvals prior to construction or modification. The construction perm it application allows the APS to determine if or what requirements need to be established for the facility (or emission source) when equipment

is constructed or modified. Whether a construction permit or an approval is required depends on the potential-to-emit (PTE) of the proposed construct ion or modification. The proposed

construction or modification is reviewed to assure that potential emissions from the new or modified equipment will comply with the requirement s of state and federal regulations. The construction permit program is also the vehicle by whi ch Kansas implements several other federal programs applicable to new or modified sourc es that have been delegated to the state to

administer. These include the New Source Performanc e Standards (NSPS), 40 CFR Part 60, and6

the National Emission Standards for Hazardous Air Po llutants (NESHAP), 40 CFR Part 61 and

Part 63. Part 63 is based on maximum achievable con trol technology and is usually referred to as the MACT regulations.

BOA also issues operating permits. The PTE of the f acility determines the type of operating permit required, if any. The two types of operatin g permits are Class I (also known as a Title V permit) and Class II (also known as a federally enfo rceable state operating permit). The Kansas Class I operating permit program satisfies the requi rements of the federal Title V program and closely parallels the requirements of 40 CFR Part 70 . A Class I operating permit is required for major sources of air pollution and provides a complet e listing of all air quality regulatory requirements in one document. The Class II operati ng permit program provides a method to reduce the PTE of a source below the major source th resholds and thereby allows the source to operate without a Class I operating permit.

The Department of Air Quality of the Unified Government of Wyandotte County assists in the permitting process by issuing construction and operat ing permits in Wyandotte County.

KDHE commits to the continued enforcement of contro l measures for which it has jurisdiction and the continued oversight of local agency permitti ng and enforcement programs with respect to measures required by the CAA.



### V. §110(a)(2)(D) Interstate Transport

Section 110(a)(2)(D)(i) of the CAA requires the SIP to contain provisions prohibiting any source from emitting air pollution in amounts that will –

• Contribute significantly to nonattainment in, or in terfere with maintenance by, any other State with respect to the NAAQS

• Interfere with measures required to be included in t he implementation plan for any other State to prevent significant deterioration of air qu ality or to protect visibility

40 CFR 52.21(o) requires owners or operators of new major sources or modifications to provide an analysis of visibility impairment as part of the prevention of significant deterioration process. New sources or modifications also require notification and consultation with federal land managers (FLMs) of Class I areas which may be affected.

40 CFR 52.21(k) requires the proposed source or modi fication to demonstrate that allowable

emission increases will not cause or contribute to air pollution in violation of any NAAQS in any air quality region.

Kansas has adopted the above-mentioned federal regu lations by reference at K.A.R. 28-19-350 (Prevention of Significant Deterioration) and will incorporate the PM 2.5 standard into state regulations.7

A discussion of visibility and regional haze can be found by referencing Kansas’ Regional Haze SIP, submitted to EPA Region 7 in November 2009. Th e Regional Haze SIP contains agreements between K

DHE and Kansas electric utility companies to reduce emissions of nitrogen oxides (NO

x ) and sulfur oxides (SO

x ) from certain electric generating units. The agreements will significantly reduce emissions of N O

x and SO

x in the coming years. The

reductions summarized in the table below are based on these units operating at their emission rate limits and running with heat inputs similar to 2005.

Company Facility NO

x Reduction (tons/year) SO

x Reduction

(tons/year) Westar Jeffrey Energy Center 23,741 63,379 Westar Tecumseh Energy Center 1,799 0 Westar Lawrence Energy Center 1,518 371 Kansas City Power & Light LaCygne 23,814 22,632

Totals 50,872 86,382

The NO

x reductions outlined above represent a 32% reductio n in the total Kansas point source

NO

x emissions from the 2005 National Emissions Inventor y. The SO

x reductions represent a 58% reduction in the total Kansas point source SO

x emissions documented during the 2005 National Emissions Inventory.

In summary, Kansas emissions do not significantly i nterfere with the achievement or maintenance of the NAAQS in downwind states.



### VI. §110(a)(2)(E) Resources, Conflict of Interest, and Emergency Backstop

Section 110(a)(2)(E) requires states to provide assu rances that (i) adequate personnel, funding, and legal authority will be available to carry out t he SIP; (ii) a majority of its state board members represent the public interest and do not der ive a significant portion of their income from entities that are subject to permits, and that conflicts of interest of members be adequately disclosed; and (iii) the state has responsibility f or ensuring adequate implementation of plan provisions to be carried out by local districts.

The Kansas Legislature annually approves KDHE’s fun ding and personnel resources for carrying out the programs of the SIP to demonstrate attainmen t of the PM 2.5 standards. The annual budget process provides a periodic update that enables KDHE and the local agencies to adjust funding and personnel needs. While it is not legally possibl e for KDHE and the local agencies to provide specific commitments about future year budgets (fund ing and staff resources), the annual budget appropriations process undertaken by the Kansas State Legislature enables KDHE to present a request for resources required to meet the mandates of the CAA. Since KDHE’s CAA-mandated programs have received state funding for more than 39 years, and since there is consistently public support in Kansas for providing clean air, it is reasonable to assume that implementation

of the CAA mandates in Kansas will continue to obta in the necessary funding.8

The majority of BOA’s budget currently consists of d edicated funds that are collected from regulated emission sources and can only be used for air pollution control. These dedicated fees are periodically adjusted in order to provide necessa ry funding for the BOA’s programs. Collectively, the 2008-2009 BOA and local air agenc y budgets total about $6 million with about 80 full-time equivalent staff positions.

Kansas Statutes from Chapter 46, Article 2, specify conflict of interest requirements for members of BOA. These requirements specifically prohibit al l state and local public officials from participating in governmental decisions for which t hey have a substantial financial interest as

defined at K.S.A. 46-229.

The statutes found at K.S.A. 46-247 et seq . require the Secretary of K DHE to file a statement of

substantial interests. These statutes fulfill the requirements referenced in §110(a)(2)(E) of disclosure of financial interests by the “head of an executive agency” responsible for issuing permits and enforcement orders.

KDHE oversees local agencies to implement the Kansa s Air Quality Act and to provide air quality protection services. Partner agencies inclu de:

• City of Wichita Department of Environmental Service s

• Johnson County Environmental Department

• Shawnee County Health Agency

• Unified Government of Wyandotte County and Kansas C ity-Kansas Health Department

KDHE commits to actively maintain programs for the e nforcement of control measures included in the approved SIP and measures required by the CAA

.



### VII. §110(a)(2)(F) Stationary Source Emissions Moni toring and Reporting

Section 110(a)(2)(F) entails that states are to req uire the installation, maintenance, and replacement of equipment to monitor stationary sour ces of emissions by the owners or operators of these sources and the provision of periodic repor ts on these emissions.

40 CFR 51.214 requires every SIP to include require ments for the monitoring of emissions from major stationary sources as specified in 40 CFR 51 Appendix P.

KDHE maintains a database with emissions data for m ore than 900 stationary source facilities in Kansas. In addition, KDHE posts a summary report of emissions from stationary sources, both major and minor, for the National Emissions Invento ry Year at http://www.kdheks.gov/emission/data.html. This dat a is reported to the USEPA every three

years.

KDHE commits to continue its oversight of stationar y source monitoring requirements and to the reporting of data collected by such monitoring activ ities as authorized respectively by K.S.A. 65-

3007 and 65-3015.9



### VIII. §110(a)(2)(G) Emergency Powers and Contingenc y Plans

Section 110(a)(2)(G) directs that states are to prov ide for authority comparable to that in Section 303, which provides legal authority to the USEPA to halt the emission of air pollutants causing or contributing to injury to public or welfare. USE PA is authorized to either bring a lawsuit in federal court or, if such civil action cannot assur e prompt protection of public health or welfare, to issue such orders as may be necessary to protect pu blic health or welfare of the environment. In addition, states are to provide for adequate con tingency plans to implement such authority.

In USEPA guidance titled “Revising the Air Quality Index and Setting a Significant Harm Level

for PM 2.5 ”, dated February 12, 2007, the upper limit under c onsideration for the “Unhealthy” category for 24-hour PM 2.5 is 140.4 μg/m 3 . Since Kansas has not recorded a 24-hour PM 2.5 level in excess of 140.4μg/m 3 , no specific emergency episode plans for PM 2.5 are necessary at this time, given the existing monitored levels. In fact , the highest 24-hour PM 2.5 level that has been measured since 2006 is 49.8 μg/m 3 , recorded in Wyandotte County in 2006.

PM 2.5 is an air contaminant as defined at K.S.A. 65-3002( a) that creates air pollution as defined at K.S.A. 65-3002(c). The authority for K DHE to develop regulations is derived from K.S.A. 65-3005(a)(1). The authority granted at K.S.A. 65- 3005(a)(5) enables KDHE to develop a plan to control air pollution. Furthermore, K.S.A. 65-30 12 authorizes the Secretary of KDHE to take action to protect the environment of Kansas. Regula tions found at K.A.R. 28-19-55 et seq. address excessive buildup of air contaminants during air pollution episodes in Kansas. The requirement for states to provide adequate conti ngency plans to implement such authority is intended to establish emergency episode plans for re sponding to elevated pollutant levels in urban areas. K.A.R. 28-19-55 through K.A.R. 28-19- 58 specify these requirements; K.A.R. 28- 19-56 specifically addresses SO 2 , NO 2 , PM 10 , CO, and ozone. Emergency episode plans are required in areas that record pollutant concentratio ns in excess of threshold levels specified in 40 CFR 51.150. USEPA is proposing to amend this regula tion to address new PM 2.5 standards. Subsequently, KDHE will amend K.A.R. 28-19-55 et seq. to include PM 2.5

.

KDHE commits to submit any necessary revisions to i ts Air Pollution Emergency Plan upon adoption of amended guidance by USEPA.



### IX. §110(a)(2)(H) SIP Revisions for Revised Air Qua lity Standards or New

Attainment Methods

Section 110(a)(2)(H) directs states to provide for r evision of SIPs from time to time when air quality standards are revised or new attainment met hods become available or when USEPA informs states that current SIPs are inadequate to attain standards or to comply with additional requirements under the CAA.

KDHE is submitting a revised SIP that responds to r evised air quality standards for PM 2.5

.10

As authorized by K.S.A. 65-3005(a)(5), K DHE commits to submit SIP revisions whenever revised air quality standards are promulgated by USEP A or when existing provisions are found to be inadequate.



### X . §110(a)(2)(I) SIP Revisions for New Nonattainment Areas

Section 110(a)(2)(I) requires states to submit SIP revisions for newly designated nonattainment areas to meet the requirements of Part D - Plan Req uirements for Nonattainment Areas under

CAA Title I - Air Pollution Prevention and Control. Part D of the CAA specifies both general requirements for all SIPs and specific requirements for different criteria pollutants.

As authorized by K.S.A. 65-3005(a)(5), KDHE commits t o submit SIP revisions whenever areas of the state are newly designated nonattainment for any federal ambient air quality standard.



### XI. §110(a)(2)(J) Consultation and Public Notificat ion

Section 110(a)(2)(J) obliges states to meet the app licable requirements of CAA Section 121 (relating to consultation), Section 127 (relating t o public notification), and Part C (relating to prevention of significant deterioration (PSD) of ai r quality and visibility protection).

Section 121 requires a satisfactory process of consu ltation with general purpose local governments, designated organizations of elected of ficials of local governments, and any affected federal land manager in carrying out CAA r equirements. The Secretary of KDHE is authorized by K.S.A. 65-3005(a)(8) to provide consult ation assistance, and KDHE is required by K.A.R. 28-19-350(k) to consult with local governmen ts, officials, and federal land managers before the issuance of a permit under the PSD program

.

The BOA’s rulemaking process for public participation fulfills the requirements of 110(a)(2)(J) and is conducted under the statutory authority at K .S.A. 77-421. KDHE commits to maintaining a process of consultation with parties designated und er Section 121.

The State’s rulemaking process includes:

• Departmental approvals

• Review and approval by the Secretary of Administrati on and Attorney General

• Notification to municipalities, counties, school boa rds, and neighboring states

• Public hearings and comments

• Filing regulations with the Secretary of State

• Publication in Kansas Register

• Review by Joint Committee on Administrative Rules an d Regulations

Section 127 requires measures which will be effectiv e to notify the public during any calendar year on a regular basis of instances or areas in whi ch any air quality standard is exceeded or was exceeded during any portion of the preceding calendar year, to advise the public of the health11

hazards associated with such pollution, and to enhan ce public awareness of measures that can be taken to prevent such standards from being exceeded.

K DHE maintains air quality data, an annual air quali ty report, and other information on its website, which is continuously available to the publ ic. See http://www.kdheks.gov/bar/airmonitor for:

• An overview of air quality

• Information regarding the NAAQS

• Air pollution sources

• Health effects of poor air quality

• How to find out about Kansas air quality

The website also provides links to the Kansas Air Qu ality Monitoring Network and to AIRNow (http://www.airnow.gov) for live monitoring data.

As part of its public outreach and education program, available at http://www.kdheks.gov/bar/air_outreach/air_quality_ edu.htm/, KDHE encourages personal responsibility to reduce emissions and improve air quality in daily activities such as:

• Cleaner, greener lawn and garden care practices

• Use of compact fluorescent light (CFL) bulbs

• Safe cleanup in the event of breakage of a CFL bulb

• More efficient vehicle maintenance and fuel-up pract ices

• Transportation alternatives

KDHE also is developing initiatives towards enhanci ng public awareness through forecasting. KDHE will demonstrate one such initiative in Spring 2010. Before the Spring Flint Hills burning begins, KDHE will issue public advisory notic es, which will include the following

information:

• An approximate time table for the burning

• Potential health effects

• Recommendations to limit personal exposure.

In the event of a NAAQS exceedance that meets episod e criteria, as in K.A.R. 28-19-56, public notification will occur through local weather bureau s in the form of high pollution advisory, alert, warning, or emergency.

KDHE commits to maintaining a public information and education program that satisfies the requirements of Section 127.

KDHE commits to ensuring that PSD regulations are i mplemented in Kansas. The PSD program meets the requirements to protect visibility with K. A.R. 28-19-350, Prevention of Significant Deterioration of Air Quality, which adopts federal regulation 40 CFR 52.21. Legal authority to implement and develop the PSD program and the region al haze SIP exists under K.S.A. 65-3005.12



### X II. §110(a)(2)(K) Air Quality Modeling and Reportin g

Section 110(a)(2)(K) requires the use of air qualit y modeling to predict the effect of emissions on ambient air quality and to submit data related to s uch modeling when requested by USEPA.

K DHE’s air quality modeling work uses USEPA’s latest draft final guidance for modeling PM 2.5

. This is a rapidly-evolving field in which KDHE ende avors to use the latest methodology and techniques, and documents information that its staf f uses when conducting modeling or when evaluating the performance of air quality models use d for this purpose.

KDHE commits to continue to use air quality models in accordance with both USEPA and KDHE’s currently approved modeling guidance and prot ocols and the continued submittal of data and modeling results to USEPA.



### XIII. §110(a)(2)(L) Major Stationary Source Permitt ing Fees

Section 110(a)(2)(L) requires states to assess the owner or operator of each major stationary

source with fees sufficient to cover the reasonable costs of reviewing and acting upon any application for such a permit, and if a permit is gra nted, the reasonable costs of implementing and enforcing the terms and conditions of the permit . Owners or operators are also required to comply with the fee provisions of Title V Sections 5 01 – 507 of the CAA. Such fees are required to be payable to the permitting authority.

KDHE commits to continue to implement major station ary source permit fee regulations as authorized by K.S.A. 65-3022 through 65-3024. The T itle V fee program, part of the operating permit program discussed in section IV of this docum ent, is adequate to meet the requirements of 110(a)(2)(L).



### XIV. §110(a)(2)(M) Consultation with Local Entities

Section 110(a)(2)(M) requires states to provide for consultation and participation by local political subdivisions affected by the plan.

The BOA has signed State and/or Local Agreements wi th the following:

• Department of Air Quality, Unified Government of Wy andotte-Kansas City, Kansas

• Wichita Department of Environmental Services

• Shawnee County Health Department

• Johnson County Environmental Department

• Mid-America Regional Council

These agreements establish formal partnerships betwee n BOA and local agencies who work together to develop and annually update strategic g oals, objectives, and strategies for reducing13

emissions and improving air quality. In addition, public participation in the rulemaking process involves the following entities:

• League of Kansas Municipalities

• Kansas Association of Counties

• Kansas Association of School Boards

This participation also enhances the requirements of 110(a)(2)(M).

K DHE commits to maintaining a consultation process wi th local political subdivisions affected by the SIP as authorized by K.S.A. 65-3016.

# Section EPublic Hearing Statement

Pursuant t o 40 CFR Part 51.102, the Kansas Department o f Health and Envir o nment published a

n o t ice o f Public Hearing f o r the Infrastructure SIP in the Kansas Register o n September 3, 2009.

N o t ices were als o published in the f o ll o wing newspapers: Kansas City Kansan, Hays Daily
News, T o peka Capital-J o urnal, Wichita Eagle, Salina J o urnal, Chanute Tribune, and the D o dge City Daily Gl o b e. N o t ice was given that a public hearing w o uld be held Oct o b er 1, 2009, and that public c o mm ents w o uld be accepted thr o ugh Oct o b er 5, 2009. The n o t ice further stated that

if n o request f

o r a public hearing was received pri o r t o t he hearing date, the hearing w o uld be

canceled. As n o such request was received, the hearing was canceled

.

Responsiveness Summary

The o nly c o mm ents received during the public c o mm ent peri o d were fr o m EPA Regi o n 7. The

c o mm ent letter was received o n Oct o b er 5, 2009, and is summarized bel o w. The resp o nses fr o m KDHE f o ll o w. A c o py o f the letter fr o m EPA Regi o n 7 then pr o ceeds the c o mm ents and

resp o nses.

Comment: The EPA rec o mm ended that Kansas’ SIP submittal address all elemen ts and subelements o f the Interstate Transp o rt secti o n o f the Clean Air Act (Secti o n 110(a)(2)(D)), al o ng with technical analysis. The f o ur elements are: 1) significant c o ntributi o n, 2) interference with maintenance, 3) preventi o n o f significant deteri o rati o n, and 4) pr o t ecting visibility.

“Inf o rmati o n t o supp o rt the state’s determinati o n with respect t o significant c o ntributi o n t o

n o nattainment might include... inf o rmati o n c o ncerning emissi o ns in the state, mete o r o l og ical

c o nditi o ns in the state and the p o t entially impacted states, m o nit o red ambient c o ncentrati o ns in the state and the p o t entially impacted states, the distance t o t he nearest area that is n o t attaining the NAAQS in an o t her state, and air quality m o deling. Similar inf o rmati o n c o uld be used t o

a nalyze whether s o urces in the state c o uld interfere with maintenance in an o t her state, alth o ugh the analysis sh o uld be expanded bey o nd n o nattainment and maintenance areas.”

The EPA wr o t e that a technical analysis was submitted, but that it was based o n Clean Air

Interstate Rule m o deling that d o esn’t address transp o rt with respect t o t he 24-h o ur PM 2.5 standard. The EPA states Kansas “sh o uld submit a m o re relevant analysis f o r this standard.”

Response: KDHE rec og nizes the previ o usly-submitted interstate transp o rt SIP addresses

the annual PM 2.5 standard, and n o t t he 24-h o ur PM 2.5 standard. Regardless o f the PM 2.5 standard being c o nsidered, KDHE c o ntinues t o a ssert that emissi o ns fr o m Kansas d o n o t significantly interfere with the achievement o r maintenance o f the NAAQS in d o wnwind

states.

Action: N o change was made t o t he Infrastructure SIP as a result o f this c o mm ent.

Comment: “Regi o nal Haze... is n o t addressed in this submittal....The state may refer t o its Regi o nal Haze SIP t o a ddress the requirements o f this element.”Response: During the timeframe o f the public c o mm ent peri o d, Kansas’ Regi o nal Haze

SIP remained unfinished. H o wever, the Regi o nal Haze SIP was submitted t o EPA Regi o n 7 in N o vember 2009.

Action: T o a ddress this c o mm ent, KDHE has updated the Infrastructure SIP t o reference the Kansas Regi o nal Haze SIP.

Comment: F o r the emergency epis o de element at Secti o n 110(a)(2)(G), the EPA stated that

“Kansas sh o uld discuss whether there are any areas identified as PM 2.5 Pri o rity I, Pri o rity IA, o r Pri o rity II by the “Preventi o n o f Air P o lluti o n Emergency Epis o des” rules at 40 CFR 51.150....

Kansas c o uld reference its existing m o nit o red levels t o determine whether it has m o nit o red o r

rec o rded 24-H o ur PM 2.5 levels greater than 140.4 μg/m 3 since 2006. If this level was never exceeded in any area o f the state, Kansas may ch oo se t o a ffirm that (given existing m o nit o red levels) emergency epis o de c o ntingency plans may n o t b e necessary at this time. H o wever, the

state sh o uld still reference its general emergency p o wers f o r PM 2.5 . Kansas sh o uld refer t o its

o wn statut o ry and regulat o ry auth o rities t o a ddress emergencies and state whether th o se auth o rities c o uld be used t o resp o nd t o emergencies inv o lving high PM 2.5 c o ncentrati o ns.”

Response: KDHE has n o t m o nit o red o r rec o rded a 24-h o ur PM 2.5 level in exceedance o f 140.4 μg/m 3 since 2006. The highest 24-h o ur PM 2.5 level rec o rded since 2006 was 49.8 μg/m 3 , rec o rded in 2006 in Wyand o tt e C o unty.

Action: The Infrastructure SIP has been updated t o reflect this inf o rmati o n.


	




	




	

	

 

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# Section Fq Kansas Secretary of State 2009 Vol. 28, No. 36, September 3, 2009 Hearing/Request for Comments 1315 

### Kansas Register

State of Kansas

Department of Health
and Environment

Notice of Hearing
The Kansas Department of Health and Environment isproposing to revise the State of Kansas Plan for Implementation, Maintenance and Enforcement of NationalAmbient Air Quality Standards. The hearing for this action will tentatively be held at 10 a.m. Thursday, October 1, in the Tallgrass Room, third floor, Curtis State Office Building, 1000 S.W. Jackson, Topeka, if requested. If norequest for this hearing is received by the close of business September 30, then the public hearing will be cancelled and notice of this cancellation shall be posted on the Bureau of Air’s Web site listed below or by calling (785) 291-3278.The State of Kansas Plan for Implementation, Maintenance and Enforcement of National Ambient Air Quality Standards (NAAQS) has been written to fulfill the requirements of Section 110 of the Federal Clean Air Act Amendments (CAAA) of 1990. Section 110 of the CAAA requires that each state submit to the administrator of theU.S. Environmental Protection Agency a plan for the implementation, maintenance and enforcement of NAAQS in every air quality region within the state. This proposed State Implementation Plan (SIP) revisiondoes not include any rulemaking action. Details concerning this revision can be obtained by contacting Keith Weber, KDHE, Bureau of Air, at (785) 291-3278 or kweber@kdheks.gov. Copies of the proposed plan also may be viewed at the following locations:

• Department of Air Quality, Unified Government ofWyandotte County - Kansas City, Kansas Health Department, 619 Ann Ave., Kansas City, Kansas

• Johnson County Environmental Department, 11811 S. Sunset, Suite 2700, Olathe

• KDHE Northwest District Office, 2301 E. 13th St., Hays

• KDHE North Central District Office, 2501 Market Place, Suite D, Salina

• KDHE Northeast District Office, 800 W. 24th St.,

Lawrence

• KDHE Southeast District Office, 1500 W. 7th St., Chanute

• Wichita-Sedgwick County Dept. of Community Health, 1900 E. 9th St., Wichita

• KDHE Southwest District Office, 302 W. McArtor Road, Dodge City

• Curtis State Office Building, 1000 S.W. Jackson, Suite 310, Topeka
The plan also is posted on the Bureau of Air’s Web site at http: // www.kdheks.gov /

bar / . Comments from the interested public should be addressed to the Kansas Department of Health and Environment, Bureau of Air, Attention: Keith Weber, 1000 S.W. Jackson, Suite 310, Topeka, 66612-1366. Comments must be received by the Bureau of Air not later than 5 p.m. October 5 to assure full consideration of this proposed revision to the SIP. Any individual with a disability may request accommodation in order to participate in the public hearing andmay request the proposed plan in accessible format. Requests for accommodation should be made at least five working days in advance of the hearing by contacting Keith Weber at (785) 291-3278.
Roderick L. Bremby Secretary of Health
and Environment

Doc. No. 037476

State of Kansas

Department of Health
and Environment

Request for Comments
The Kansas Department of Health and Environment issoliciting comments regarding a proposed air quality operating permit. Gateway Ethanol, LLC has applied for aClass II operating permit in accordance with the provisions of K.A.R. 28-19-540. Emissions of carbon monoxide(CO), oxides of nitrogen (NOx), sulfur dioxide (SO2), volatile organic compounds (VOC), particulate matter (PM10) and hazardous air pollutants (HAPs) were evaluated during the permit review process. The purpose of a Class II permit is to limit the potential-to-emit for these pollut

ants to below major source thresholds. Gateway Ethanol, LLC, Pratt, owns and operates an ethanol plant located at 10333 N.E. 30th St., Pratt, thatmanufactures a maximum throughput of 60.5 million gallons per year of fuel grade ethanol (ethyl alcohol). A copy of the proposed permit, permit application, all supporting documentation and all information relied upon during the permit application review process is available for public review for a period of 30 days from the date of publication during normal business hours atthe KDHE, Bureau of Air and Radiation, 1000 S.W. Jackson, Suite 310, Topeka; and a copy of the proposed permit can be reviewed at the KDHE Southwest District Office, 302 W. McArtor Road, Dodge City. To obtain or reviewthe proposed permit and supporting documentation, contact Sergio Guerra, (785) 296-0365, at the KDHE central office; and to review the proposed permit only, contactEthel Evans, (620) 225-0596, at the KDHE Southwest District Office. The standard departmental cost will be assessed for any copies requested. Direct written comments or questions regarding the proposed permit to Sergio Guerra, KDHE, Bureau of Air and Radiation, 1000 S.W. Jackson, Suite 310, Topeka, 66612-1366. In order to be considered in formulating a final permit decision, written comments must be received
before the close of business October 5. A person may request a public hearing be held on the proposed permit. The request for a public hearing shall be in writing and set forth the basis for the request. Thewritten request must be submitted to Sharon Burrell, Bureau of Air and Radiation, not later than the close of busi-

(continued)

# Section GInfrastructure SIP Submittal - 2006 24-hour PM 2.5 NAAQS Page G-1

April 2010 

## Technical Support: State of Kansas Plan for Implementation, Maintenanc e and Enforcement of the National Ambient Air Quality Sta ndards

(2006 24-hour PM 2.5 

## NAAQS)

(Response to Elements of 40 C.F.R. Part 51, Appendi x V, Section 2.2)

1. Identification of all regulated pollutants affec ted by the plan. [40 C.F.R. § 51, Appendix V, Section 2.2(a)]

The plan revision will affect particulate matter me asuring 2.5 micrometers in diameter

and smaller.

2. Identification of the location of affected sourc es including the EPA attainment/nonattainment designation of the locatio ns and the status of the attainment plan for the affected areas. [2.2(b)]

This Revision to the State of Kansas Plan for Imple mentation, Maintenance and Enforcement of National Ambient Air Quality Standar ds (NAAQS) affects the entire state

of Kansas.

All of Kansas is designated as Unclassifiable/Attai nment for the 2006 24-hour PM 2.5 standards.

3. Quantification of the changes in plan allowable emissions from the affected sources; estimates of changes in current actual emissions fr om affected sources or, where appropriate, quantification of changes in actual em issions from affected sources through calculations of the differences between cer tain baseline levels and allowable emissions anticipated as a result of the revision. [2.2(c)]

Not applicable.

4. The State’s demonstration that the national ambi ent air quality standards, prevention of significant deterioration increments, reasonable further progress demonstration, and visibility, as applicable, are p rotected if the plan is approved and implemented. [2.2(d)]

The content of this plan has been developed to dem onstrate the continued attainment ofInfrastructure SIP Submittal - 2006 24-hour PM 2.5 NAAQS Page G-2

April 2010 the 2006 24-hour PM 2.5 NAAQS.

5. Modeling information required to support the pro posed revision, including input data, output data, models used, justification of mo del selections, ambient monitoring data used, meteorological data used, justification for use of offsite data (where used), modes of models used, assumptions, and other information relevant to the determination of adequacy of the modeling analysis. [2.2(e)]

Not applicable.

6. Evidence, where necessary, that emission limitat ions are based on continuous emission reduction technology. [2.2(f)]

Not applicable.

7. Evidence that the plan contains emissions limita tions, work practice standards and recordkeeping/reporting requirements, where necessa ry, to ensure emission levels. [2.2(g)]

The plan, prior to the revision, already incorporat es these elements, and this revision

continues these measures.

8. Compliance/enforcement strategies, including how compliance will be determined in practice. [2.2(h)]

There are no changes to the compliance and enforcem ent strategies. The existing mechanisms remain in place.

9. Special economic and technological justification s required by any applicable EPA policies, or an explanation of why such justificati ons are not necessary. [2.2(i)]

Not applicable. The Plan as revised will continue to be protective of the NAAQS in the

State.