# State Implementation Plan Revision for the Implementation, Maintenance, and Enforcement of the



# 2012 Annual Fine Particulate Matter (PM 2.5 

# ) National Ambient Air Quality Standard



# Infrastructure SIP

Our Vision

– Healthy Kansans living in safe and sustainable environments



## Department of Health and Environment

Division of Environment

Bureau of Air (785) 296

- 6024



# November 2015

## Contents of Submittal Documents

Section Contents

Preface Evidence That Plan Revision Has Been Adopted

, Effective Date of Adopted Plan

Revision

, and Procedural Requirements Documents

• Secretary Mos i er’s Letter to EPA

· Declaration of Kansas’ A pproval ( certification letter to EPA) · Public Hearing Statement ( certification letter to EPA) · Responsiveness Summary ( certification letter to EPA)

A Description of Materials Required for Plan Submittal (Per Appendix V to Part 51

– Criteria for Determining t he Completeness of Plan Submittals, Section 2.0)

• Administrative Materials

• Technical Support

B Authorizing Statutes

• Applicable Kansas Air Quality Statutes (K.S.A. Chapter 65, Article 30)

- C ited within the Plan Revision

C Plan Re vision

• Kansas Air Quality State Implementation Plan Revision for the Implementation, Maintenance, and Enforcement of the 2012 Primary Annual Fine Particulate Matter (PM 2.5 ) National Ambient Air Quality Standard

D Public Participation Documents

• Kansas Register

– (October 8, 2015)

• Newspaper Affidavits of Publication

• No tice of Public Hearing Letter

• Notice of Hearing Cancellation (KDHE Website)

E Technical Support: Kansas Infrastructure SIP

• Response to Elements of 40 C.F.R. Part 51, Appendix V, Sec tion 2

# Section A

## Description of Materials Required for Plan Submittal

Per 40 C.F.R. Part 51, Appendix V, Criteria for Determining the Completeness of Plan Submissions, Section 2.0

– Criteria



## 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 submittal /certification Certification

Letter

2.1(b) Evidence that the plan has been

a pproved and the effective date Secr etary’s letter of submittal /certifi

cation to EPA November 16 , 2015 Certification

Letter

2.1(c) Legal authority to approve and implement the plan Applicable Kansas Air Quality Statutes (K.S.A. ) Chapter 65, Article 30) as cited in the Infrastructure SIP B

2.1(d) Copy of actual regulation or document, including indication of the changes made Kansas Air Quality State Implementation Plan Revision for the Implementation, Maintenance, and

Enforcement of the 2012 Primary

Annual PM 2.5 National Ambient Air Qua lity Standard (NAAQS) C

2.1(e) Evidence that the State has followed all procedural requirements Public Hearing Record D

2.1(f) Evidence that public notice was provided Public Participation Documents D

2.1(g) Certification that public hearing was held as per information in public notice N.A.

– No Hearing Requested Certification

Letter

2.1(h) Compilation of public comments and responses thereto N.A.

- No Comments Received Ce rtification

Letter

## Description of Materials Required for Plan Submittal

Per 40 C.F.R. Part 51, Appendix V, Criteria for Determining the Completeness of Plan Submissions, Section 2.0

– Criteria



## 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 E

2.2(b) Identification of the location of

affected sources und er the plan Refer to response E

2.2(c) Quantification of the changes in the plan’s allowable emissions Refer to response E

2.2(d) Demonstration that the ambient air quality will not deteriorate, etc. Refer to response E

2.2(e) Modeling information Refer to response E

2.2(f) Evidence that emissions limits are

continuous emission reduction technology

- based Refer to response E

2.2(g) Evidence that the plan contains emissions limits, etc. Refer to response E

2.2(h) Compliance/enforcement provisions Refer to response E

2.2(i) Special economic or technological justifications as needed or explanation of why justification

not needed Refer to response E

# Section B1 KDHE, Bureau of Air Last Revised, June 4, 2015 State 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 and 65

- 3015 through 65

- 302 0 and K.S.A. 65

- 3008a, 65

- 3008b and 65

- 3024 through 65

- 3028, and amendments thereto, shall be known and may 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 requires otherwise: (a) "Air contaminant" means dust, fumes, smoke, other 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 poll ution" means the presence in the outdoor atmosphere of one or more air contaminants in such quantities and duration as is, or tends significantly to be, injurious to human health or welfare, animal or plant life, or property, or would unreasonably interfer e with the enjoyment of life or property, or would contribute to the formation of regional haze. (d) "Alter" means any physical change in, or change in the method of operation of, an air contaminant emission stationary source which increases the amount o f any regulated air pollutant emitted by such source or which results in the emission of any regulated air pollutant not previously emitted. (e) "Emission" means a release into the outdoor atmosphere of air contaminants. (f) "Deciview" means an atmosph eric haze index that 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, machine, equipment, device or installation (or group of buildings, structures, machi nes, equipment, devices or installations), whether temporary or permanent, located 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 locomotives, dies el 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 conjunction with an approval or permit action, means an amendment to an existing approval or per mit initiated by the permittee. When used to describe a change in any air contaminant emission stationary source, "modify" shall have the same meaning as the term "alter." (i) "Permittee" means the holder of an approval or the holder of a permit and incl udes both the owner and the operator of any approved or permitted air contaminant emission source. (j) "Person" means any individual, partnership, firm, association, municipality, public or private corporation, subdivision or agency of the state or feder al government, trust, estate or any other legal entity. (k) "Regional haze" means visibility impairment, measured in deciviews, occurring over a large geographic area caused by the cumulative emissions of gaseous and particulate air

contaminants from num erous sources.2 KDHE, Bureau of Air Last Revised, June 4, 2015 (l) "Reopen" means to seek an amendment to an existing approval or permit initiated by any person other than the permittee. (m) "Secretary" means the secretary of health and environment. (n) "Stationary source" means any building, stru cture, 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 pollution is hereby placed with the secretar y of health and environment. The secretary shall administer 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) Th e 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 matter in the administration of this act concerning air quality control, an d in connection therewith, compel the attendance of witnesses and the production of evidence. (3) Issue such orders, permits and approvals as may be necessary to effectuate the purposes of this act and enforce the same by all appropriate administrative a nd judicial proceedings. (4) Require access to records relating to emissions which cause or contribute to air pollution. (5) Prepare and develop a comprehensive plan or plans for the prevention, abatement and control of air pollution originating in Kan sas 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 handle air pollution problems within their respective jurisdictions and on a cooperative basis; (B) provide technical and consultative assistance therefor; and (C) enter int o agreements with local units of government to administer all or part of the provisions 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, effects, prevention, abatement and control. (10) Encourage air contaminant emission sources to voluntarily implement strategies, including the development and use of innovative technologies, market

- based principles and ot her private initiatives to reduce or prevent pollution. (11) Determine by means of field studies and sampling the degree of air contamination and air pollution in the state and the several parts thereof. (12) Establish ambient air quality standards for the state as a whole or for any part

thereof.3 KDHE, Bureau of Air Last Revised, June 4, 2015 (13) Collect and disseminate information and conduct educational and training programs relating to air contamination and air pollution. (14) Advise, consult and cooperate with other agencies of the state, local governments, industries, other states, interstate or 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, includ ing the federal government, for the purpose of carrying out any of the functions of this act. Such funds received 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 is necessary to accomplish the purposes of the Kansas air quality act. (17) Conduct or participate in intrastate or interstate emissions trading programs or other programs that demonstrate equivalent air quality benefits for the prevention, abatement and control of air pollution in Kansas or in other state s or both. (18) Prepare and adopt a regional haze plan as may be necessary to prevent, abate and control air pollution originating in Kansas that affects air quality in Kansas or in other states or both. Any regional haze plan prepared by the secretary s hall be no more stringent than is required by 42 U.S.C. 7491. (19) Participate in the activities of any visibility transport commission established under 42 U.S.C. 7492. The secretary shall report to the governor and the legislature on the activities of any such visibility transport commission annually. (b) It is a policy of the state to regulate the air quality of the state and implement laws and regulations that are applied equally and uniformly throughout the state and consistent with

those of the fe deral government. (1) The secretary shall have the authority to promulgate 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. section 7401 et seq. ). The standards so established shall not be any more stringent, restrictive or expansive than those required under the federal clean air act, as amended, nor shall the rules and regulations be enforced in any area of the state prior to the time required

b y the federal clean air act. If the secretary determines that more stringent, restrictive or expansive rules and regulations are necessary, the secretary may implement the rules and regulations only after approval by an act of the legislature. The restrict ions 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 federal or state law, the secretary shall not deny or delay the issuance of such permit when the requirements of this act have been met. History: L. 1967, ch. 347, § 5; L. 1970, ch. 261, § 5; L. 19 74, ch. 352, § 137; L. 1993, ch. 13, § 3; L. 2006, ch. 84, § 2; L. 2009, ch. 141, § 23; May 28.

65

- 3006. Same; publica tion and enforcement of regulations; 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 such rules, regulations or standards adopted hereunder to any citizen upon request.4 KDHE, Bureau of Air Last Revised, June 4, 2015 (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 classify air contaminant sources which, in the secretary's judgment, may cause or contribute to air pollution, according to levels and types of emissions and other characteristics which relate to air pollution and may require reporting for any such

class o r classes. The classifications promulgated by the 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 effe cts on property. (b) The secretary shall require air contaminant emission sources to monitor emissions, operating parameters, ambient impact of any source emissions or any other parameters deemed necessary by the secretary. The secretary may require air contaminant emission sources to keep records and make 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 regulations 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 available 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 a nd permits for emission stationary sources. (a) No person shall construct, own, operate, install, alter or use any air contaminant emission stationary source which, in accordance with rules and regulations, the secretary finds may cause or contribute to

ai r pollution, unless an appropriate approval or permit has been issued for the source by the secretary under this act. Approvals or permits issued by the secretary may be subject to conditions consistent with the purposes of this act and rules and regulatio ns promulgated under

this act.

(b) The secretary shall require that applications for approvals and permits, and renewals thereof, under this act shall be accompanied by application fees and such plans, specifications, compliance plans or other information 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.

(c) The issuance or holding of an approval or permit 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 with 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 an5 KDHE, Bureau of Air Last Revised, June 4, 2015 amount of time prior to the expiration date of an operating permit by which a complete application form and any required fee must be filed with the secretary in order to be considered timely filed. The secretary may provide for a grace period by rule and regulation.

(e) The secreta ry may issue by rule and regulation a general approval or permit covering numerous similar sources. Any general approval or permit shall comply with all requirements applicable to approvals or permits under this act. Any source covered by a general approva l or permit must apply to the secretary 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 the cost of a dministering the provisions of [the] Kansas air quality act, other than K.S.A. 65

- 3027 , and amendments thereto. The secretary shall adopt rules and regulations fi xing such fees. The fees shall be deposited in the state treasury and credited to the air quality fee fund established in K.S.A. 65

- 3024 , and amendments thereto, except that if all or any portion of the regulatory services for which a fee is collected under this section is performed by a county, city

- county or multicounty health department, that portion of such fee which pertains 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 quality 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; L. 2014, ch. 30, § 3; July 1.

65

- 3009. Inspections. The secretary may designate competent representatives who may enter and inspect any property, premise or place at any reasonable time for the purpose of investigating either an ac tual or possible 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 pur poses of inspection, 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 appropriate to facilitate accomplishment of the purposes of this act and in order to take necessary 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 violation of this

act. (b) Every local air quality conservation program that is established pursuant to K.S.A.

65

- 3016, as amended, shall be in compliance with the rules and regulations set forth fo r that area by the secretary.6 KDHE, Bureau of Air Last Revised, June 4, 2015 (c) Variations from the requirements of subsection (b) of this section may be included in a local air quality conservation program only after approval by the secretary, following

demonstration to the satisfaction of the secr etary that the proposed requirements are not less stringent than the standards 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 be pr eceded by public hearing. The secretary, upon evidence that conditions have changed or that additional or other information is relevant to a decision with respect to the emission control or open burning requirements concerned may, after public hearing, wit hdraw any approval previously given to a local requirement pursuant to this subsection. (d) The secretary shall establish reasonable ambient air quality standards for the state as a whole, or any part thereof, and shall require the emission control requi rements of any local program to be consistent with such standards 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 violated any provi sion of any approval, permit or compliance plan or any provision of this act or any rule and regulation promulgated under this act, the secretary may issue an order finding such person in violation of the act and directing the person to take such action as necessary to correct the violation. Any order issued shall specify the length of time after receipt of the order during which the person must correct the violations. (b) Any person to whom an order is issued pursuant to subsection (a) may request a

hear ing within 15 days after service of the order. Hearings before the secretary shall be conducted in accordance with the Kansas administrative 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; judicial review procedures. (a) Upon receipt of evidence that emissions from an 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 vio lation of this act, any rules and regulations adopted under this act, any orders issued under this act or any permit conditions required by this act, the secretary may issue a temporary order not to exceed seven days in duration, directing the owner or ope rator, or both, to take such steps as necessary to prevent the act or eliminate the practice. (b) Upon issuance of the temporary order, the secretary may commence an action in the district court to enjoin acts or practices 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 competent jurisdiction to immediately restrain the acts or practices specifi ed in subsection (a). An action for injunction under this subsection shall have precedence over other cases in respect to order of trial. (d) The owner or operator, or both, aggrieved by an order of the secretary issued pursuant to this section shall be immediately entitled 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 have7 KDHE, Bureau of Air Last Revised, June 4, 2015 p recedence over other cases in 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 may apply to the secretary for a variance from rules and regulations governing the quality, nature, duration or extent of emissions. The application shall be accompanied by such information and data as the secretary may reasonably require. The secretary may grant such variance if the secretary finds that: ( 1) The emissions occurring or proposed to occur do 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 gr eater 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 considered the relative interests of the applicant, other owners of property likely to be affect ed by the discharges, and the general public. (c) Any variance or renewal thereof shall be granted within the requirements of subsection (a) and for time periods and under conditions consistent with the reasons therefor, and within the following limitati ons: (1) If the variance is granted on the ground that there is no practicable means known or available for the adequate prevention, abatement or control of the air pollution involved, it shall be only until the necessary means for prevention, abatement or control become known and available and subject to the taking 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 wh ich variance is sought will necessitate the taking of measures which, because of their extent or cost, must be spread over a considerable period of time, it shall be for a period not to exceed such reasonable time as the secretary finds is requisite

for th e taking of the necessary measures. A variance granted on the ground specified herein shall contain a timetable for the taking of action in an expeditious manner and shall be conditioned on

adherence to such timetable. (3) If the variance is granted on t he 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

cond itions and for periods which would be appropriate 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 on the complaint on due notice, the secretary finds that renewal is justified. No renewal 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 receipt of an application for renewal the s ecretary shall give public notice of such application 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. Within 15 days after the secretary's written decision to grant or deny a variance or renewal thereof, 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 administrative procedure act. However, any person who participated in the public8 KDHE, Bureau of Air Last Revised, June 4, 2015 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 se cretary pursuant to this section shall have standing to obtain judicial review of the secretary's final action on the variance or renewal 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. The record before the court of appeals shall be confined to the agency record for judic ial review and consist of the documentation submitted to or developed by the secretary in making the final variance or renewal decision, including the variance or renewal application and any addenda or amendments thereto, the variance or renewal summary, t he draft variance or renewal, all written comments properly submitted to the secretary, all testimony 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 writ ten comments or testimony, the secretary's response to the public comments and testimony and the final variance or renewal. (f) Nothing in this section and no variance or renewal 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 thereto, 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, § 202; 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. 1993, 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 shal l 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 thereof (other than emission data), to which the secretary has access under this act, if made public, would divulge methods or processes entitled to protection as trade secrets of 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 particular po rtion thereof, confidential, except that: (1) Such record, report or information may be disclosed to officers, employees or authorized representatives of the United States government concerned with carrying out responsibilities under the federal 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. 254, § 2; July 1.

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- 3016. Local air quality conservation programs. Any city, county, city and county, or any combination of two (2) or more cities, counties or cities and c ounties are authorized to conduct tests and surveys to determine the degree of purity of the air within its jurisdiction, and may request consultation, technical assistance and cooperation from the secretary in conducting such tests and surveys. If such te sts and surveys indicate that unsatisfactory air quality exists, is9 KDHE, Bureau of Air Last Revised, June 4, 2015 likely to exist or is likely to occur, the governing body of said city or county shall have the authority, upon approval of the secretary, to establish a local air quality conservation aut hority:
Provided, That no local air quality conservation authority shall be so approved, except after a public hearing as provided in this act. Any local air quality conservation authority which was in existence prior to May 1, 1967, may apply to the secre tary for approval as a local air quality conservation authority hereunder. In approving or disapproving the formation of a local air quality conservation authority, the secretary shall determine: (1) The need for a local air quality conservation authority in the jurisdiction proposed; (2) the likely ability of the local air quality conservation authority, as proposed, to maintain satisfactory air quality in its jurisdiction; and (3) whether or not the jurisdiction of the proposed local air quality conservat ion authority completely contains the affected area. Local air quality control authorities shall have authority to enforce the rules, regulations and standards adopted by the secretary and to establish such additional rules, regulations and

standards as n ecessary 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 regulat ions set forth for that area by 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 conservation authority, the rules, regulations and sta ndards of such local authority respecting said area or areas shall have full force and effect without approval thereof by the secretary. Upon the establishment of a local air quality conservation authority, such authority and the secretary shall have conc urrent jurisdiction over the local area with power and authority to maintain adequate air quality in accordance with the rules, regulations and standards adopted by the secretary. When two (2) or more cities, two (2) or more counties or a city and a county, or any combination thereof, are affected by a common air mass of unsatisfactory quality and the respective local air quality control authorities, if such exist, are for any reaso n unable to agree upon a solution or settlement to such air quality problem, the secretary shall, after review and investigation, render decisions 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 c ontrol of emissions from 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 pres cribe requirements for the installation and use of equipment designed to reduce or eliminate emissions and for the proper maintenance of such equipment and of vehicles. Any rules or regulations pursuant to this section shall be consistent with provisions o f federal law or regulations, if any, relating to control of emissions from the vehicles concerned. The secretary shall not require, as a condition precedent to the initial sale of a vehicle or vehicular equipment, the inspection, certification or other ap proval of any feature or equipment designed for the control of emissions from motor vehicles, if such feature or equipment has been certified, approved or otherwise authorized pursuant to federal law. (b) As used in this section "motor vehicle" shall hav e 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 1.10 KDHE, Bureau of Air Last Revised, June 4, 2015 65

- 3018. Administrative fines. (a) The secretary or the director of the division of environment, upon a finding that a per son has violated any provision of K.S.A. 65

- 3025 and amendments thereto, may impose a penalty not to exceed $10,000 which shall constitute an

actual and substantial economic deterrent to the violation for which it is assessed. In the case of a continuing v iolation, every day such violation continues shall be deemed a separate violation. (b) No penalty shall be imposed pursuant to this section except after notice of violation and opportunity for hearing upon the written order of the secretary or the direct or of the division of environment issued to the 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 secr etary and filed with the secretary within 15 days 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 abridge, limit or other wise 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 appropriate proceeding therefor. History: L. 1967, ch. 347, § 18; L. 1970, ch. 261, § 18; L. 1974, ch. 352, § 15 0; L. 1993, ch. 13, § 14; March 25.

65

- 3019. Application of act; limitations. Nothing in this act shall be construed t o: (a) Grant the secretary any jurisdiction or authority with respect to air contamination existing solely within commercial and industrial plants, works and shops. (b) Affect the relations between employers and employees. (c) Supersede or limit the applicability of any law 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 shall be conclusively presumed that the legislature would have enacted the remainder of this 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 plant used for the production or generation of electricity, or coal gasification facility. (b) "Secretary" means the secretary of health and environment. (c) "Person" means any individual, company, corporation, institution, municipality, township, county, state agency or federal ag ency. History: L. 1978, ch. 352, § 1; July 1.

65

- 3022. Same; determining and monitoring of power generation facilities environmental impact; programs for; fees; rules and regulations. In order to defray costs in determining and monitoring the environmental impact of power generation facilities with respect to air quality and, in the case of nuclear powered generation faci lities, the overall radiological impact thereof, the secretary is authorized and directed to adopt rules and regulations to provide for the establishment of fees and for the collection thereof from each such facility. Such fees

shall be determined and coll ected annually, and such determination shall be based upon the size11 KDHE, Bureau of Air Last Revised, June 4, 2015 and type of such facilities. In establishing programs for determining and monitoring environmental impact, the secretary shall take into consideration monitoring programs conducted by othe r 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 n ecessity 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 generating 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 treasurer in accordance with the prov isions of K.S.A. 75

- 4215, and amendments thereto. Upon receipt 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 hereby created. All exp enditures from such fund shall be made in accordance with appropriation 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. 2001, ch. 5, § 242; July 1.

65

- 3024

. Emissions fees. (a) The secretary may fix, charge and collect annual emissions fees in amounts necessary to pay the direct and indirect costs of administering the provisions of the Kansas air quality act. The secretary shall adopt rules and regulations fixing such fees and shall periodically incre ase or decrease such fees consistent with the need to cover the direct and indirect costs of administering the program. To the extent possible, annual emission fees shall be based upon actual emissions determined pursuant to rules and regulations adopted b y the secretary. For purposes of determining emission fees for a facility, emissions of any single regulated pollutant in excess of 4,000 tons per year shall not be included in the calculation when determining the total emissions from the facility.

(b) Th ere is hereby established in the state treasury the air quality fee fund. Revenue from the following sources shall be deposited in the state treasury and credited to the fund:

(1) Fees collected under subsection (a);

(2) any moneys recovered by the state under the provisions of this act, including permit and approval fees collected under K.S.A. 65

- 3008 , and amendments thereto, administrative expenses, civil penalties and moneys paid under any agreement, stipulation or settlement; and

(3) interest attributable to investment of moneys in the fund.

(c) Moneys deposited in the fund shall be expended only for the purpose of admini stering the Kansas air quality act, including funding of a technical and environmental compliance assistance program, and for no other governmental purposes.

(d) On or before the 10 th of each month, the director of accounts and reports shall transfer

from the state general fund to the air quality fee fund interest earnings based on:12 KDHE, Bureau of Air Last Revised, June 4, 2015 (1) The average daily balance of moneys in the air quality fee fund for the preceding month;

and

(2) the net earnings rate of the pooled money investment portfolio for the pr eceding month.

(e) All expenditures from the fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary for the purposes set forth in this section.

History: L. 1993, ch. 13, § 8; L. 1996, ch. 253, § 13; L. 2014, ch. 30, § 4; July 1.

65

- 3025. Unlawful acts. It shall be unlawful for any person to do any of the following: (a) Violate any provision of an order issued under this act. (b) Violate any provision of an approval or permit issued under this act. (c) Violate any provision of this act or any rule and regulation promulgated under this act, unless the secretary makes a determination relating to the permittee that the specified provisions referred to in such determination are not applicable to the source and the permit

includes that determination or 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 promulgated under this act if the permit includes the applicable requirements of such provisio ns. Nothing in this subsection (c) or in any permit shall alter or affect: (1) The provisions of section 303 of the federal clean air act (emergency orders), including the authority 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 liability 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 acid rain program consistent with section 408a of the federal clean air act; (5) the ability of the United States environmental protection agency to obtain information from a source pursuant to section 114 of the federal clean air act; or (6) the

ab ility of the secretary to obtain information from a source pursuant to this act. (d) Construct, modify, alter, use or operate an air contaminant emission stationary source without an approval or permit allowing such construction, modification, alteration , use or operation. (e) At any time, refuse or hinder entry, inspection, 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 and gives notice o f 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, representation 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 secretary 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 thereto, is a class A nonperson misdemeanor.13 KDHE, Bureau of Air Last Revised, June 4, 2015 (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 day such violation co ntinues shall be deemed a separate violation. (d) The county or district attorney of every county 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 cons ultation with 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 technologies for small business stationary sources and programs to encourage lawful cooperation among such sources and other persons to fur ther compliance with this act. (2) Adequate mechanisms for assisting small business stationary sources with pollution prevention and accidental release detection and prevention, including providing information concerning alternative technologies, process changes, products and methods of operation that help reduce air pollution. (3) A designated office within the Kansas department of health and environment, reporting directly to the secretary, to serve as ombudsman for small business stationary sources in connection with implementation of this act. (4) A compliance assistance program for small business stationary sourc es which assists small business stationary sources in determining applicable requirements and in receiving permits under this act in a timely and efficient manner. (5) Adequate mechanisms to assure that small business stationary sources receive notice

of their rights under this act in such manner and form as to assure reasonably adequate time for such sources to evaluate compliance methods and any relevant or applicable proposed or final rule and regulation or standard adopted under this act. (6) Adequa te mechanisms for informing small business stationary sources of their obligations under this act, including mechanisms for referring such sources to qualified auditors or for providing audits of the operations 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 or technological method of compliance; or (B) the schedule of milestones for implementing such work practice or meth od of compliance preceding any applicable compliance 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 compliance with the applicable requirement of t his act and rules and regulations promulgated hereunder. (b) "Small business stationary source" means a stationary air contaminant emission

source that: (1) Is owned or operated by a person that employs 100 or fewer individuals; (2) is a small busine ss concern as defined in the federal small business act; (3) is not a major stationary source; (4) does not emit 50 tons or more per year of any regulated air contaminant; and14 KDHE, Bureau of Air Last Revised, June 4, 2015 (5) emits less than 75 tons per year of all regulated air contaminants. ( c) Upon petition by a source, the secretary, after notice and opportunity for public comment, may include as a small business stationary source for purposes of this section any stationary source which does not meet the criteria of subsection (b)(3), (4) o r (5) but which does not emit more than 100 tons per year of all regulated air contaminants. (d) The secretary may exclude from the small business stationary source definition any category or subcategory of sources that the administrator of the United St ates environmental protection agency determines to 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 amendment s to the federal clean air act. (e) The secretary, in consultation with the administrator of the United States environmental protection agency and the administrator of the United States small business administration and after providing notice and the opp ortunity for public hearing, may exclude from the small business stationary source definition any category or subcategory of sources that the secretary determines to have sufficient technical and financial capabilities to meet the requirements of the act w ithout 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 effectiveness of the small business

stationa ry source technical and environmental compliance assistance program, difficulties encountered and degree and severity of enforcement; (2) make periodic reports to the administrator of the United States environmental protection agency concerning compliance of the small business stationary source technical and environmental compliance 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 fo r small business stationary sources to assure such information is understandable by the layperson; and (4) have the small business stationary source technical and environmental compliance assistance program serve as the secretariat for the development an d dissemination of such reports and advisory opinions. (g) The compliance advisory panel shall consist of: (1) Two members who are not owners, or representatives of owners, of small business stationary sources, appointed by the governor to represent t he general public; (2) two members who are owners, or who represent owners, of small business stationary sources, one appointed by the speaker and one appointed by the minority leader of the Kansas house of representatives; (3) two members who are owne rs, or who represent owners, 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 represent the department of health and

envir onment. (h) Members of the compliance advisory panel serving on the effective date of this act by appointment by the governor, the speaker of the house of representatives or the president of the senate shall serve for terms ending 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, 1997.15 KDHE, Bureau of Air Last Revised, June 4, 2015 Upon expiration of suc h terms, the term of each member appointed to a vacancy created 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 appointing authority. (i) A chairperson shall be elected annually by the members of the compliance advisory panel. A vice

- chairperson shall be designated by the chairperson to serve in the absence of the chairperson. (j) The secretary may reduce any fee required by this 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 prevention of significant dete rioration permit (PSD) to sunflower electric power corporation to be issued consistent with the settlement agreement executed May 4, 2009, by sunflower electric power corporation and the governor of

the state of Kansas to resolve all claims or causes of ac tion, or both, pending before various courts and 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, ph rase or clause of the act or the application thereof to any person shall be held invalid, such invalidity shall not affect the validity of the remaining portions of this

act. History: L. 2009, ch. 141, § 43; May 28.

65

- 3031

. Electric generating units; carbon dioxide emissions standards; submission of state plan by secretary to environmental protection agency; review by study committee

and attorney general. (a) In accordance with the requirements of the environmental protection agency's rulemaking pursuant to docket EPA

- HQ

- OAR

- 2013

- 0602, the secretary may develop and submit to the environmental protection agency a state plan for compliance w ith the regulation of carbon dioxide from any affected or existing electric generating units pursuant to 42 U.S.C. § 7411. The secretary of health and environment may establish separate standards of performance for carbon dioxide emissions based upon: (1) The best system of emission reduction that has been adequately demonstrated while considering the cost of achieving such reduction;

(2) reductions in emissions of carbon dioxide that can reasonably be achieved through measures taken at each electric gener ating unit; and

(3) efficiency improvements to any affected electric generating unit and other measures that can be undertaken at each electric generating unit to reduce carbon dioxide emissions without16 KDHE, Bureau of Air Last Revised, June 4, 2015 any requirements for fuel switching, co

- firing with other fuels or limiting the utilization of the

unit.

(b) In establishing any standard of performance for any existing electric generating unit pursuant to this section, the secretary may consider alternative standards and metrics or may provide alternativ e compliance schedules than those provided by federal rules or regulations by evaluating: (1) Unreasonable costs of achieving an emission limitation due to plant age, location or the design of an electric generating unit;

(2) any unusual physical or compl iance schedule difficulties or impossibility of implementing emission reduction measures;

(3) the cost of applying the performance standard to an electric generating unit;

(4) the remaining useful life of an electric generating unit;

(5) any economic or electric transmission and distribution impacts resulting from closing the electric generating unit if compliance with the performance standard is not possible; and

(6) the potential for a standard of performance relating to unit efficiency, including any requirements for a new source review or the application of a best available control technology emission limitation for any criteria pollutant as a condition of receiving a permit or authorization for the project.

(c) The secretary may implement such stan dards through flexible regulatory mechanisms, including the averaging of emissions, emissions trading or other alternative implementation measures that the secretary determines to be in the interest of Kansas. The secretary may enter into voluntary agreeme nts with utilities that operate fossil

- fuel based electric generating units within Kansas to implement such carbon dioxide emission standards. Such agreements may aggregate the carbon dioxide emissions levels from electric resources in this state, includin g coal, petroleum, natural gas or renewable energy resources as defined in K.S.A. 2015 Supp. 66

- 1257 , and amendments thereto, that are owned, operated or utilized by power purchase agreements by utilities for purposes of determining compliance with such carbon dioxide

emission standards.

(d) The secretary and the state corporation commission shall enter into a memorandum of understanding concerning implementation of the requirements and responsibilities under the Kansas air quality act.

(e) (1) The secretary shall submit to the clean power plan implementation study committee:

(A) A plan to investigate, review and develop a state plan no later than the first week of November 2015;

(B) information on any final rule adopted by the environmental protection agency under

docket EPA

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- 0602 no later than February 1, 2016; and17 KDHE, Bureau of Air Last Revised, June 4, 2015 (C) any information requested by the chairperson.

(2) The state corporation commissi on shall submit information to the clean power plan implementation study committee concerning:

(A) Each utility's re

- dispatch options along with the cost of each option;

(B) the lowest possible cost re

- dispatch options on a state

- wide basis; and

(C) the impact of each re

- dispatch option on the reliability of Kansas' integrated electric

systems.

(f) The secretary shall present any proposed state plan proposed for submission to the environmental protection agency to the clean power plan implementation stu dy committee for review and input pursuant to K.S.A. 2015 Supp. 66

- 1285 , and amendments thereto, at least 30 days prior to submission of such a plan to the enviro nmental protection agency or any other federal agency. If a proposed plan is disapproved by the clean power plan implementation study committee, the secretary shall resubmit a revised plan to the study committee. The secretary may submit any proposed plan to the environmental protection agency that has been submitted to the study committee and that has not been disapproved by the committee within 30 days of the committee receiving such proposed plan.

(g) Notwithstanding review by the clean power plan implementation study committee of the submission of a state plan to the environmental protection agency, further action by the secretary to implement or enforce the final approved state plan is dependent u pon the final adoption of the federal emission guidelines. If the federal emission guidelines are not adopted or are adopted and subsequently suspended, vacated, in whole or in part, or held to not be in accordance with the law, the secretary shall suspend or terminate, as appropriate, further action to implement or enforce the state plan.

(h) Notwithstanding any other provision of law, prior to submitting any state plan to the environmental protection agency, the secretary shall: (1) Submit such state pla n as proposed rules and regulations pursuant to K.S.A. 77

- 415 et seq., and amendments thereto. Such submission shall be expedited by any agency reviewing such pro posed rules and regulations pursuant to K.S.A. 77

- 415 et seq., and amendments thereto;

(2) request a review of the proposed state plan by the office of the attor ney general. The attorney general review may certify to the secretary that the plan will not hinder, undermine or in any way harm the position of the state of Kansas in any current or pending litigation relating to the environmental protection agency docke t EPA

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- 0602. The attorney general shall also review the proposed state plan concerning any impacts on the protections guaranteed by the constitutions of the United States or the state of Kansas; and

(3) not submit a state plan if the attorney g eneral review indicates that the proposed plan would adversely impact the state's legal position in any current or pending litigation relating to the environmental protection agency docket EPA

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- 0602 or if the attorney general18 KDHE, Bureau of Air Last Revised, June 4, 2015 review indicates th at the proposed state plan adversely impacts protections guaranteed by the

constitutions of the United States or the state of Kansas.

(i) The secretary shall be responsible for submitting a state plan to the environmental protection agency in a timely man ner. Notwithstanding any other provision of this act, the secretary shall prepare and submit any request for an extension of time to file a state plan, if necessary, an interim state plan or a final state plan to the environmental protection agency. Any

in terim or final state plan shall be submitted by the secretary no less than four calendar days prior to the federal submission deadline, or extended submission deadline, established by the environmental protection agency. Any final state plan submitted to t he environmental protection agency may only be submitted if the secretary has previously submitted such plan for review by the clean power plan implementation study committee pursuant to this act.

(j) This section shall be part of and supplemental to the Kansas air quality act.

History: L. 2014, ch. 64, § 1; L. 2015, ch. 74, § 1; June 4.

Please note that this copy of the Kansas Air Quality Statutes may contain typographical errors. The text contained herein is from the State of Kansas Legislature website: http://www.kslegislature.org/li/statute/ The following disclaimer is from that website:

NOTICE

The text of the Kansas Statutes is provided with the 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. In some cases ther e may be minor discrepancies with the printed document. In those cases neither INK nor the State of Kansas shall be liable for the effect of those discrepancies.

# Section C

# State Implementation Plan Revision for the Implementation, Maintenance, and Enforcement of the



# 2012 Annual Fine Particulate Matter (PM 2.5 

# ) National Ambient Air Quality Standard



# Infrastructure SIP

Our Vision

– Healthy Kansans living in safe and sustainable environments



## Department of Health and Environment

Division of Environment

Bureau of Air (785) 296

- 6024



# November 20153



### Contents

I. Introduction and B ack g round

. ..................... ... .................... ...... .............. . 7

II. Section 110(a)(2)(A) Emission Limits and Other Control Measures .................. 8

III. Section 110(a)(2)(B) Ambient Air Quality Monitoring/Data System.................. 8

IV. Section 110(a)(2)(C) Programs for Enforcement, PSD, and NSR..................... 10

V. Section 110(a)(2)(D) Interstate and International Transport Provisions... ............12

VI. Section 110(a)(2)(E) Adequate Personnel, Funding, and Authority................... 20

VII. Section 110(a)( 2)(F) Stationary Source Mon itoring and Reporting....................22

VIII. Section 110(a)(2)(G) Emergen cy Episodes ................................................23

IX. Section 110(a)(2)(H) Future SIP Rev isions................................................24

X. Section 110(a)( 2)(I) Nonattainment Area Plan or Plan Revision

under Part D................................................................................... 24

XI. Section 110(a)(2)(J) Consultation with Government Officials, Public Notification, PSD, and Vis ib ility Protection..................................... 24

XII. Section 110(a)(2)(K) Air Quality Modeling/Data.......................................

. 2 6

XIII. Section 110(a)(2)(L) Permitting Fees................................................

..... 26

XIV. Section 110(a)(2)(M) Consultation/Participation b y Affected Local Entities....... 27

Conclusion............................................................................................. 28

Appendices.......................................

................... ........................... ......... 294



## Acronyms

............................................................................................. . 5



## Figures

Figure 1. Annual PM 2.5 Design Values* for Kansas Monitors over Design Value

Years 2008

– 2014

.......................................................................................... 14

Figure 2. Annual PM 2.5 Design Values, Averaged on County Basis, for Monitors in
Nine States over Design Value Years 2008

– 2014

.................................................... 15

Figure 3. Kansas Point Source Air Pollutant Emissions T rends for PM 2.5 , NO

x , and SO 2 over Years 2008

- 2013 (source: Kansas Emissions Inventory)

...................................... 16

Figure 4. Kansas PM 2.5 Emissions by SCC Level 1

— Top 7 Categories for National Emissions Inventory years 2002, 2005, 2008, and 2011

............................................. 17

Figure 5. Kansas NO

x Emissions by SCC Level 1

— Top 7 Categories for National Emissions Inventory years 2002, 2005, 2008, and 2011

............................................. 18

Figure 6. Kansas SO 2 Emissions by SCC Level 1

— Top 7 Categories for National
Emissions Inventory years 2002, 2005, 2008, and 201 1 .............................................18



## Appendices

........................................................................................... .............................. 29

Appe ndix A: Kansas PM 2.5 Monitor Locations and Annual PM 2.5 Design Values,

2008

- 2014 ...................................................................... 31

Appendix B: Annual PM 2.5 Design Values for PM 2.5 Monitors in Nine States,

2008

- 2014 ...................................................................... 32

Appendix C: Kansas PM 2.5 Emissions by SCC* Level 1 for Years 2002, 2005,

2008, and 2011 (source: National Emissions Inventory)

........... ...... 37

Appendix D: Kansas NO

x Emissions by SCC* Level 1 for Years 2002, 2005,

2008, and 2011 (source: National Emissions Inventory)

............ ..... 38

Appendix E: Kansas SO 2 Emissions by SCC* Level 1 for Ye ars 2002, 2005,

2008, and 2011 (source: National Emissions Inventory)

........... ...... 395



## List of Acronyms and Abbreviations

AQI Air Quality Index

CAA Clean Air Act

CFR Code of Federal Regulations

CSAPR Cross

- State Air Pollution Rule

EGU electric generating unit

EPA U.S. Environmental Protection Agency

FR Federal Register

KAR Kansas administrative regulation

KSA Kansas statutory authority
μg/m 3 micrograms per cubic meter

MOBILE [EPA] mobile source emission factor model

MOVES Motor Vehicle Emission Simulator

NAAQS National Ambient Air Quality Standard

NEI National Emissions Inventory

NO 2 nitrogen dioxide

NO

x nitrogen oxides

NSR New Source Review

OAQPS Office of Air Quality Planning and Standards

PM 10 particulate matter (diameter equal to or less than 10 microns)

PM 2.5 fine particulate matter (diameter equal to or less than 2.5 microns)

PSD Prevention of Significant Deterioration

PTE potential to emit

SCC source classification code

SCR selective catalytic reduction

SIL significant impact level (air dispersion modeling)

SIP state implementation plan

SMC significant monitoring concentration

SO 2 sulfur dioxide

SO

x sulfur oxides

TSD technical support document7

I. Introduction and Background

On December 14, 2012, t he U.S. Environmental Protection Agency (EPA) promulgated a

revision to the existing National Ambient Air Quality Standard (NAAQS) for fine particulate

matter ( PM 2.5 ) , and on January 15, 2013 , publishe d the final rule in the Federal Register . [ 78 FR

3086 ] This revision strengthe n ed the primary annual standard from 15.0 micrograms per cubic meter (μg/m 3 ) to 12.0 μg/m 3

.

B ased on 2011

- 2013 air quality monitoring data, EPA determined that no area in Kansas violates

the 2012 primary annual NAAQS for PM 2.5 and desi gnated all areas, including each Kansas

county , as “unclassifiable/attainment.” These designations were published in the Federal Register on January 15, 2015 and became effective on April 15, 2015

. [80 FR 2206]

Section 110(a) of the federal Clean Air Act (CAA) requires states to submit an implementation plan to the EPA Administrator that illustrates provisions for implementation, maintenance, and

enforcement of newly promulgated or revised NA AQS. Section 110(a)(2) lists the elements that comprise the S tate Im plementation P lan (SIP) as displayed below:

110(a)(2)(A) Emission limits and other control measures 110(a)(2)(B) Ambient air quality monitoring/data system 110(a)(2)(C) Programs for enforcement, PSD, and NSR 110(a)(2)(D) Interstate and international transport provisions 110(a)(2)(E) Adequate personnel, funding, and authority 110(a)(2)(F) Stationary source monitoring and reporting 110(a)(2)(G) Emergency episodes 110(a)(2)(H) Future SIP revisions 110(a)(2)(I) Nonattainment area plan or plan revision under Part D

110(a)(2)(J) Consultation with government officials, public notification, PSD

, and

visibility protection 110(a)(2)(K) Air quality modeling/data 110(a)(2)(L) Permitting fees 110(a)(2)(M) Consultation/participation by affected local entities

Most of the infrastructure requirements are already addressed in the comprehensive Section 110(a)(2) SIP submitted by Kansas in 1972 in response to the CAA of 1970. This Kansas

revision for the 20 12 federal PM 2.5 air quality standard continues to affirm Kansas’ commitment to comply with Section 110(a)(2) requirements and is incorporated by reference into the overall Kansas State Implementation Plan

.

The following d iscussions list the statutory and regulatory requirements by each paragraph in Section 110(a)(2) and demonstrate that the Kansas Department of Health and Environment (KDHE) has the necessary plans, programs, and statutory authority to implement the require ments of Section 110 of the federal CAA as they pertain to PM 2.5

.8

II. Section 110(a)(2)(A) Emission limits and other control measures

“(A) include enforceable emission limitations and other control measures, means, or techniques (including economic incentives such as fees, marketable permits, and auctions of emissions rights), as well as schedules and timetables for compliance, as may be necessary or appropriate to meet the applicable requirements of this chapter;” [42 U.S.C. 7410(a)(2)(A) 1 ]

KDHE fulfills the requirements of Section 110(a)(2)(A) through the Kansas Statutes, Kansas Administrative Regulations, permits, and consent orders and agreements. Pursuant to K.S.A. 65

- 3005

, t he Secretary of the KDHE has the power to adopt, amend and repeal rules and regulations implementing air quality standards and to prepare and develop plans for the prevention, abatement, and control of air pollution in Kansas that affects air quality in Kansas, in other states, or both.

The Kansas Air Quality Program staff from the KDHE’s Bureau o f Air (BOA), monitor and

track air pollutants across Kansas to assure that health

- based standards set by the EPA are not

exceeded. Data are used to develop th e appropriate regulatory or outreach strategies to reduce air pollution levels and improve air quality. The program is also responsible for issuing air emission permits for facilities and assuring compliance with state and federal regulations for air poll utants. The statutory authority granted at K.S.A. 65

- 3010 , Emission Control Requirements, as well as Kansas Air Quality Regulations applicable to individual facilities, fulf ill the requirements of Section 110(a)(2)(A).

III. Section 110(a)(2)(B) Ambient air quality monitoring/data system

“(B) provide for establishment and operation of appropriate devices, methods, systems, and procedures necessary to

—

(i) monitor

, compile, and analyze data on ambient air quality, and

(ii) upon request, make such data available to the Administrator; ” [42 U.S.C. 7410(a)(2)(B)]

The Kansas ambient air monitoring network, operated by the KDHE ’s Bureau of Air and local air quality agencies, fulfills the requirements of 110(a)(2)(B). Monitoring data from 16 sites

across the state are analyzed to determine criteria pollutant compliance with federal standards and to evaluate air quality trends. Ten of these sit es contain eleven PM 2.5 monitors from which quality assured PM 2.5 monitoring data is collected and reported. State of Kansas PM 2.5 monitor

s ite ID s, l ocation s
, and type s are listed in the t able on page 9.

1 The Clean Air Act (CAA) was incorporated into the United States Code (U.S.C.) as Title 42, Chapter 85. Both the CAA and U.S.C. references are provided. See http://www.epa.gov/air/caa for more information.9

State of Kansas PM 2.5 Monitor Site ID and Location

Site Name Site ID City Address Lat_DD Lon_DD PM 2.5 Continuous

PM 2.5

Cedar Bluff 201950001 Rural Cedar Bluff Reservoir,
Pronghorn & Muley 38.770081

- 99.763424 No Yes

Justice

Center 200910007 Overland

Park 85th & Antioch 38.974457

- 94.687013 Yes No

Heritage

Park 200910010 Olathe 13899 W 159th
Heritage Park 38.838575

- 94.746424 Yes Yes

K

- 96 and
Hydraulic 201731012 Wichita K

- 96 & Hydraulic 37.747085

- 97.316912 Yes No

Glenn &

Pawnee 201730009 Wichita Glenn & Pawnee 37.651114

- 97.362212 Yes No

Health

Dept. 201730010 Wichita Health Dept, 1900 9th St 37.702066

- 97.314847 Yes No

KNI 201770013 Topeka 2501 Randolph Avenue 39.024265

- 95.711275 Yes No

Peck 201910002 Peck 707 E 119th St South,
Peck Community Bldg 37.47689

- 97.366399 Yes No

Chanute 201330003 Chanute 1500 West 7 th 37.67696

- 95.47594 Yes No

JFK 202090021 Kansas
City 1210 N. 10th St

JFK Recreation Center 39.117219

- 94.635605 Yes Yes

I n accordance with 40 C.F.R. Part 58, KDHE compiles , analyzes, and reports quality assured monitoring data to EPA for approval each year in the form of a Kansas Ambient Air Monitoring

Network Plan

. After completion of a required 30

- day comment period from June 2

– July 1,

2 014, KDHE submitted the Kansas 20 14

- 2015 Air Monitoring Network Plan which EPA approved on November 20, 2014. The plan describes the current PM 2.5 monitoring network,

which includes 1 1 monitors at 10 different monitoring sites throughout the state. Kansas’ EPA

approved monitoring plans can be f ound on the following EPA website: http://www.epa.gov/region07/air/quality/quality.htm

.

K.S.A. 65

- 3005 authorizes collection of ambient air monitoring data and K.S.A. 65

- 3015

authoriz es provision of this data for public availability

. The Kansas statute 65

- 3005 includes the following text:

65

- 3005. Powers of the secretary. (a) The secretary shall have the power to:

11) Determine by means of field studies and sampling the degree of air

c ontamination and air pollution in the state a nd the several parts thereof.

(13) Collect and disseminate information and conduct educational and training programs relating to air contamination and air pollution.10

KDHE commits to continue operating an air quality monitoring network that complies with EPA requirements and to provide quarterly reports of compiled and analyzed air quality monitoring

data to the EPA.

IV. Section 110(a)(2)(C) Programs for enforcement, PSD, and NSR

“(C) include a program to provide for the enforcement of the measures desc ribed in subparagraph (A), and regulation of the modification and construction of any stationary source within the areas covered by the plan as necessary to assure that national ambient air quality standards are achieved, including a permit program as requ ired in parts C and D of this subchapter;” [42 U.S.C. 7410(a)(2)(C)]

Kansas fulfills the requirements of Section 110(a)(2)(C) with the implementation of a program for the enforcement of control measures associated with the State Implementation Plan and a permit program for stationary sources. KDHE’s Bureau of Air implements and manages these programs through its Air Compliance and Enforcement Section and its Air Permitting Section in

coordination with the Bureau of Environmental Field Services district of fices.

The Air Compliance and Enforcement Section (ACES) is responsible for determining compliance 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 obtain permits and conduct activities such as testing, monitoring, recordkeeping, and reporting to demonstrate compliance as authorized by K.S.A. 65

- 3008 and 65

- 3008b . The ACES staff use a combination of inspections, performance test evaluations, report reviews, technical assistance, 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 cooperating local agencies, conduct inspections and investigate complaints, as authorized by K.S.A. 65

- 3009 , and forward

the results to the ACES staff for review and re sponse. The ACES staff oversee performance tests 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 compl ianc e. The ACES staff also provide public outreach and compliance assistance. When a source violates an air quality standard, the ACES staff issue a notice of violation, works with the source to return

the source to a compliant regulatory status , and pur sues formal enforcement action when

necessary as authorized by K.S.A. 65

- 3011 . Additional i nformation about the compliance and enforcement program is available at http://www.kdheks.gov/air

- permit/indexCE.html

.

The Air Permitting Section (APS) is responsible for reviewing air quality control permit applications and issuing permits for air emissions in accordance with state and federal air quality regulations. S tate authority is granted at K.S.A. 65

- 3008 . The APS staff issue construction permits and approvals prior to construction o r modification. The construction permit 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 i s required depends on the proposed construction or modification’s potential

- to

- emit (PTE). The proposed construction or modification is reviewed to assure that potential emissions11

from the new or modified equipment will comply with the requirements of sta te and federal regulations. The construction permit program is also the vehicle by which Kansas implements several other federal programs delegated to the state that are applic able to new or modified

sources. These include the New Source Performance Stan dards (NSPS), 40 C.F.R. Part 60, and the National Emission Standards for Hazardous Air Pollutants (NESHAP), 40 C.F.R. Parts 61 and 63. Part 63 is based on maximum achievable control technology and usually referred to as the MACT regulations. The Department of Air Quality of the Unified Government of Wyandotte County assists in the permitting process by issuing construction and operating permits in Wyandotte County.

Federally approved Kansas air quality regulations K.A.R. 28

- 19

- 300 through 3 04 apply to preconstruction permits and approvals ; K.A.R. 28

- 19

- 350 addresses prevention of s ignificant deterioration (PSD); and K.A.R. 28

- 19

- 500 et seq.

, operating permits. 2

The current EPA

- approved K.A.R. 28

- 19

- 350 was published as a final regulation in the Kansas Register on December 13, 2012 and became effective on December 28, 2012

. [ Kansas Register Vol. 31, No. 50 , pages 1507

- 1 508] The amendments to K.A.R. 28

- 19

- 350 align the Kansas PSD regulation with the federal PSD regulat ion codified at 40 C.F.R. 52.21 . This revision incorporates by reference f ederal rule changes through July 1, 2011 as well as the July 20, 2011 Deferral for CO 2 Emissions f rom Bioenergy and Other Biogenic Sources Under the Prevention of Significant Deterioration (PSD) and Title V Programs; Final Rule [ 76 F R 43 490 ], and the

October 25 , 2012 A mendment to the Definition of Regulated NSR Pollutant Concerning

Condensable Particulate Matter; F inal R ule

. [ 77 FR 65118

- 65119 ]

EPA published its conditional approval of Kansas’ current K.A.R. 28

- 19

- 350 along with Infrastructure SIP Requirements for the 1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards in the June 20, 2013 Federal Register

. [ 78 FR 37129 ]

Provisions of the October 20

, 2010 PM 2.5 PSD

— Increments, SILs and SMCs rule [ 75 FR 6486 5 ] relating to significant impact levels ( SILs ) and significant monitoring concentrations ( SMCs ) that were affected by the January 22, 2013 U.S. Court of Appeals decision are not SIP approved. Provisions of the 2002 NSR reform rule relating to the Clean U nit Exemption, Pollution Control Projects, and exemption from recordkeeping provisions for certain sources using the actual

- to

projected

- actual emissions projections test are not SIP approved. In addition, EPA did not approve Kansas ’ rule incorporating EPA’s May 1, 2007 revision of the definition of ‘‘chemical processing plants’’ or the ‘‘Ethanol Rule’’ [ 72 FR 24060 ] or EPA’s December 19, 2008 ‘‘fugitive emissio ns rule

. ’’ [ 73 FR 77882 ]

The Kansas Department of Health and Environment commits to continued enforcement of control measures for which it has jurisdiction and to the continued pa rtnership with local agency permitting and enforcement programs with respect to measures required by the CAA.

2 Please refer to Kansas Administrative Regulations for all K.A.R. references inserted within this report.12

V. Section 110(a)(2)(D) Interstate and international transport provisions

“(D) contain adequate provisions

—

(i ) prohibiting , consistent with the provisions of this subchapter, any source or other type of emissions activity within the State from emitting any air pollutant in amounts which

will

-- (I) contribute significantly to nonattainment in, or interfere with maintenance

by, an y other State with respect to any such national primary or secondary ambient air quality standard, or (II) interfere with measures required to be included in the applicable implementation plan for any other State under part C of this subchapter to prevent sign ificant deterioration of air quality or to protect visibility,

(ii) insuring compliance with the applicable requirements of sections 7426 and 7415 of this title (relating to interstate and international pollution abatement);” [42 U.S.C. 7410(a)(2)(D)]

Section 110(a)(2)(D)(i)

Section 110(a)(2)(D)(i) contains two subsections: (D)(i)(I) and (D)(i)(II). Section 110 (a)(2)(D)(i)(I) addresses any emissions activity in one state that contributes significantly to

nonattainment

, or interferes with maintenance, of the NAAQS in another state. The EPA

sometim es refers to these requirements as prong 1 (significant contribution to nonattainment) and prong 2 (interference with maintenance).

Section 110(a)(2)(D)(i)(I) :

To demonstrate Kansas’ compliance with the good neighbor provision with respect to the 2012

annual PM 2.5 NAAQS, two basic means will be used. First, EPA’s recent modeling for the Cross

State Air Pollution Rule (CSAPR) shows no so

- called “linkage” between Kansas sources and downwind receptors

— either those in nonattainment areas or those in maintenance areas. Second,

trends for both monitored annual PM 2.5 and emissions of PM 2.5 , NO

x , and SO 2 (the last two being important precursors to downwind PM 2.5 ) show significant downward trending over the past

seven years.

Cross

- State Air Pollution Rule (CSAPR)

In terms of EPA’s own implementation of the good neighbor provisions with regard to Kansas sources, EPA promulgated, originally in 2011 and finally in 2014 after withstanding legal challenges , the CSAPR (“Transport Rule”) which requires states to significantly improve air quality by reducing power plant emissions that contribute to ozone and/or fine particle pollution in other states. In February 2012 EPA published its technical support document (TSD), Final Revisions Rule Significant Contributio n Assessment TSD

, 3 which begins:

3 http://www.epa.gov/airtransport/pdfs/Final%20Revisions%20Rule%20Significant%20Contribution%20Assessment %20TSD.pdf13

This Technical Support Document (TSD) presents quantitative assessments of the relationship between final revisions to the Transport Rule and the original analysis conducted for the final Transport Rule informing the Rule’ s determination of emissions that significantly contribute to nonattainment or interfere with maintenance of the National Ambient Air Quality Standards (NAAQS) in downwind states. As conducted for the final Transport Rule, EPA reiterated its analysis of th e downwind air quality impacts resulting from the rule’s projected SO 2 emission reductions using the Air Quality Assessment Tool (AQAT) and taking the finalized revisions into account. In this document, EPA also assesses the relationship between the NO

x e mission

inventories in each affected state and the finalized revisions to annual NO

x and

ozone

- season NO

x budgets under the Transport Rule programs.

Noting that the 2012 annual PM 2.5 NAAQS value is 12 μg/m 3 , under the “Kansas” section of the
above TSD, EP A states: “Kansas did not contribute to any of the annual PM 2.5 receptors with 2012 base case design values greater than or equal to 12.05 μg/m 3 .” In other terms, EPA’s most recent photochemical modeling itself demonstrates that Kansas does not contribute significantly

to nonattainment or interfere with maintenance of the 2012 annual PM 2.5 NAAQS in another

state.

EPA did find Kansas “linkages” to five downwind receptors in Illinois and Wisconsin for 24

- hr

PM 2.5 , therefore, Kansas is included in the CSAPR 4

. However, overall allocation of NO
x and

SO 2 allowances for Kansas electric generating units (EGUs), under the rule, shows an abundance of excess allowances. Under CSAPR, 2016 Kansas allocations equal 30,727 allowances for NO

x and 41,137 allowances for SO 2 . Meanwhile, total actual 2013 EGU NO

x emissions from Kansas sources were 29,056 tons and corresponding SO 2 emissions were 30,043 tons (expected to drop to approximately 18,000 tons by 2016). Kansas EGUs are emitting significantly less NO

x and

SO 2 than EPA ’s rule requires for attaining both the 24

- hr and annual PM 2.5 NAAQS.

Trend in Kansas annual PM 2.5 monitor design values

The current Kansas PM 2.5 monitoring network includes 11 monitors located throughout the state at 10 different monitoring sites. Figu re 1 shows the trend in annual PM 2.5 design values for the 11

Kansas PM 2.5 monitors having published design values from 2008 to 2014. A table which lists these design values and provides details about the monitors can be found in Appendix A.

4 http://www.epa.gov /airquality/transport/CSAPR/actions.html14

Figure 1. Annual PM 2.5 Design Values* for Kansas Monitors over Design Value

Years 2008

– 2014

*3

- year averages of annual mean values. Note some design values used for this chart are characterized as “invalid” due to incomplete data, but are nonetheless made av ailable by EPA.

Inspection of Figure 1 shows a clear downward trend in annual PM 2.5 concentration at all monitor sites, with none of Kansas monitor design values ever having exceeded the 12 μg/m 3 NAAQS, all values at or below 9.1 μg/m 3 by 2014. This downward trend, in turn, clearly demons trates a decreasing probability of Kansas sources contributing to either nonattainment or maintenance of

the annual PM 2.5 NAAQS at downwind locations.

Trend in Annual PM 2.5 design values for Kansas upwind and downwin d states

Beyond looking at the trend in annual PM 2.5 for Kansas monitors, a similar analysis was made for

PM 2.5 monitors in eight upwind and downwind states around Kansas, including Illinois and Wisconsin. Since transported particulate matter is diffuse, design values for individual sites were averaged on a county

- by

- county basis. County

- based results can be found in Appendix B.

County

- based design values were then averaged for each state for each year, and those state averages are presented in Figure 2. Note that the legend in Figure 2 indicates the number of monitor sites, as well as the number of counties that were averaged, to establish the trend line

shown for each state. 0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0

2006-2008 2007-2009 2008-2010 2009-2011 2010-2012 2011-2013 2012-2014 μg/m 3 2012 NAAQS

Justice Center

Heritage Park

Mine Creek

Washington & Skinner

Glenn & Pawnee

Health Dept.

KNI

Peck

JFK

Midland15

Figure 2. Annual PM 2.5 Design Values, Averaged on County Basis, for Monitor s in Nine
States over Design Value Years 2008

– 2014

Figure 2 conveys the overall negative trend in annual PM 2.5 concentrations in the central U.S. over the past several years. Coupled with the trendlines in Figure 1 this chart demonstrates that, while other conditions remain the same, future annual PM 2.5 nonattainment at a particular site within these states will be more an issue of local PM pollution than that of interstate transport

from Kansas sources.

Trend in Kansas point source emissions

In addition to reviewing PM 2.5 concentrations and trends at monitor sites, emission trends provide useful evidence. In this case, since NO

x and SO 2 are the primary precursors to transported PM 2.5 , those two pollut ants need to be included. Figure 3 presents a comparison of annual total point source (i.e., Title V and synthetic minor source) emissions of these three pollutants for Kansas over years 2008 through 2013, the most current complete inventory year in

the Ka nsas Emissions Inventory database.16

Figure 3. Kansas Point Source Air Pollutant Emissions Trends for PM 2.5 , NO

x , and SO 2 over Years 2008

- 2013 (source: Kansas Emissions Inventory)

The trend for NO x and SO 2 in Kansas point source emissions fell markedly downward from 2008

to 2013. NO

x decreased 33% (107,894 to 71,905 tons) and SO 2 decreased 64% (103,403 to 36,709 tons). Both NO

x and SO 2 emissions are expected to decline further from 2015 to 2017

with installati on of selective catalytic reduction (SCR) devices and scrubbers at KCP&L

- La Cygne and Kansas City BPU

- Nearman facilities. Taken together, the significant downward

trends in Kansas NO

x and SO 2 emissions combine to provide good evidence that Kansas sourc es will not be contributing to impacts at downwind annual PM 2.5 nonattainment or maintenance

sites.

Trend in National Emissions Inventory values for Kansas source categories

EPA’s triennial National Emissions Inventory (NEI) must be utilized to gain a complete picture of Kansas air emissions (i.e., from emission sources beyond point sources). EPA has used several classification schemes for summarizing NEI results since at least the 2002 NEI, and the current schemes (“60 EIS emission sectors” and “14 maj or tiers”) 5 don’t align with those from previous years. In order to analyze NEI results over several NEI cycles (i.e., 2002, 2005, 2008, and 2011) it was necessary to run queries using the fundamental inventory “unit,” the source classification code (SCC).

As of 2014 there are slightly more than 90,000 SCCs, each with (up to) four descriptor levels 1 to 4, used for process

- level emissions under the following six general source categories: Biogenic (includes geogenic); Event (prescribed burning and w ildfires); Point; Nonpoint; Onroad; Nonroad. In this analysis, emissions were grouped and categorized by general source category and SCC level.

5 Refer to http://www.epa.gov/ttnchie1/net/2011inventory.html PM25 NOx SO2

2008 4,391 107,894 103,403

2009 4,277 97,964 58,497

2010 4,059 102,116 51,975

2011 4,081 93,323 46,887

2012 3,505 77,980 38,153

2013 3,298 71,905 36,709 0 20,000 40,000 60,000 80,000 100,000 120,000

tons17

Figures 4 through 6 show the top seven of these groupings in terms of total tons emitted for the three pollutan ts studied. Tables containing the tonnage values for all categories, including the “top seven,” are found in Appendices C, D, and E.

Notice the appendices’ charts contain the following abbreviations for general source categories:

 BIO = biogenic

 EV = ev ent

 PT = point

 NP = nonpoint

 OR = onroad

 NR = nonroad

Abbreviations used for level 1 SCCs are:

 RR = railroad

 CMV = commercial marine vessel

 O&G = oil and gas

 ICE = internal combustion engines

 EGU = electric generating unit

The following Figures 4 through 6 illustrate Kansas PM 2.5 , NO

x , and SO 2 emissions generally decreasing since 2002, with the exception of emissions from fires and dust from crops and livestock, both of which can vary significantly from year to year.

Figure 4. Kansas PM 2.5 Emissions by SCC Level 1

— Top 7 Categories for National Emissions Inventory years 2002, 2005, 2008, and 201118

Figure 5. Kansas NO

x Emissions by SCC Level 1

— Top 7 Categories for National
Emissions Inventory years 2002, 2005, 2008, and 2011

And Figu re 6 measurements reveal steady, extreme declines in SO 2 emissions from 2002

- 2011.

Figure 6. Kansas SO 2 Emissions by SCC Level 1

— Top 7 Categories for National Emissions Inventory years 2002, 2005, 2008, and 201119

The only other significant increase see n (Figure 5) is for 2008 onroad NO

x for OR

– Highway

Vehicles. T he first NEI year that EPA used its MOVES model f or OR mobile sources was 2008. Although EPA did not advertise the large increase in NO

x emissions in MOVES relative to the previous model, MOB ILE6.2, it did find in several studies 6 that MOVES estimates for NO

x were approximately 20

- 30% higher than estimates based on EPA’s previous model, MOBILE.

In conclusion, there is ample evidence that Kansas sources are neither contributing to nor

interfer ing with downwind nonattainment or maintenance areas associated with PM 2.5 . First, the

total allowances of NO

x and SO 2 distributed to Kansas EGUs under the Cross

- State Air Pollution

Rule

— which represent the emissions of these two pollutants needed to meet the 2006 PM 2.5 NAAQS

— are significant ly higher than actual emissions of these pollutants. NO

x and SO 2 emissions from the entire point source category are continuing to drop as well.

T rends in Kansas annual PM 2.5 monitor design values show a steady d ecline over the last seven design value periods. These values have never exceeded 12 μg/m 3 , the current annual standard, and all design values are at or below 9.1 μg/m 3 for the latest design value period 2012

- 2014. Additionally, PM 2.5 monitor design values for monitors in nine states from Texas to Wisconsin all show a downward trend over the last seven design value periods.

Finally, Kansas emissions for source categories other than point sources, including nonpoint, onroad, and nonroad mobile sources, all show a generally steady decline over the last four NEI cycles, 2002, 2005, 20 0 8, and 2011. Only those categories that are more variable due to other factors (including changes in emission factors), i.e., fire emissions and dust from crops and livestock, sh ow no trend.

Section 110(a)(2)(D)(i)(II) :

Element (D)(i)(II) requires SIP provisions prohibiting source or emission s activity in one state from interfering with measures required of any other state to prevent significant deterioration of air quality or f

rom interfering with measures required of any other state to protect visibility (in Class I areas). The EPA sometimes refers to these requirements under subsection (D)(i)(II) as

prong 3 (interference with PSD) and prong 4 (interference with visibility protection ).

PSD P rogram

To satisfy the requirements under 110(a)(2)(D)(i)(II), Kansas’ federally approved Prevention of Significant Deterioration (PSD) permitting program applies statewide to ensure that new and modified sources of pollution do not cause or contribute to violations of air quality standards. Section 126(a) of the Cl ean Air Act (CAA) directs that SIPs include provisions requiring a new or modified source to notify neighboring states of potential impacts from the source. Kansas fulfills this requirement with a regulatory provision in K.A.R. 28

- 19

- 350(k)(2) that is con sistent with 40 C.F.R. 51.166(q)(2)(iv).

EPA’s most recent modeling has f ound that Kansas sources do not currently contribute to downwind receptors in nonattainment or maintenance area s for the annual PM 2.5 NAAQS.

6 Refer to http://www.epa.gov/ttnchie1/conference/eil8/session6/beardsley.pdf20

Further, significant decreases in emissions of PM 2.5 , NO

x , and SO 2 give good evidence that

Kansas sources will not contribute to annual PM 2.5 in those areas in future. Nevertheless, if areas in downwind states are designated nonattainment in the future based on data from the monitoring network, and if Kansas is determined to have a significant impact on ambient concent rations in those states, control strategies will be evaluated and a path forward determined.

Regional H aze

Additionally, the State of Kansas Regional Haze Plan (RHP) protects visibility in Class I areas in downwind states, as required under 110(a)( 2)(D)(i)(II). On December 27, 2011, EPA approved the Kansas RHP [ 76 FR 80754 ] and on March 10, 2015 Kansas submitted a SIP revision to EPA documenting that the State’s existing RHP is making adequate progress to achieve visibility goals by 2018. Th is Kansas SIP revision and five year progress report addressed R egional Haze

Rule requirements under the Clean Air Act (CAA) to submit a report describing progress in achieving reasonab le progress goals (RPGs) to improve visibility in f ederally designated areas in nearby states that ma y be affected by emissions from Kansas sources

. On September 14, 2015

, EPA took final action to approve and promulgate Kansas’ determination that the exis ting

R egional Haze SIP adequate ly meets the visibility goals and requires no substantive revision at

this time. [ 80 FR 55030 ] The effective date for this final rule is October 1 4, 2015. The next Kansas Regional Haze Report will be submitted by July 31, 2018 and every ten years thereafter.

Section 110(a)(2)(D)(ii)

Kansas provides assurance that this SIP includes provisions to satisfy the elements of Section 110(a)(2)(D)(ii) of the CAA. Located in the center of the U.S., Kans as’ extended distance from

international borders does not indicate significant air pollution impact on other countries. Therefore, the element of Section 110(a)(2)(D)(ii) of the CAA pertaining to Section 11 5 of the

CAA ( U.S. Code §7415 ) regarding international transport under the 2012 annual PM2.5 NAAQS does not apply.

K.S.A. 65

- 3005 and K.S.A. 65

- 3016 authorize KDHE to represent all matters pertaining to interstate air pollution abatement. C onsistent with 110(a)(2)(D)(ii) of the CAA pertaining to requirements under Section 126, Kansas rules require that affected states receive notice prior to the commencement of any construction or modification of a source (as addressed in this report

within the previous Section 110(a)(2)(D)(i)(II) )

.

VI. Section 110(a)(2)(E) Adequate personnel, funding, and authority

“(E) provide (i) necessary assurances that the State (or, except where the Administrator deems inappropriate, the general purpose local government or governments, or a regional agency designated by the State or general purpose local governments for such purpose)

will have adequate personnel, funding, and authority under State (and, as appropriate, local) law to carry out such implementation plan (and is not prohibited by any provision of Federal or State law from carrying out such implementation plan or portion thereof),21

( ii) requirements that the State comply with the requirements respecting State boards

under section 7428 of this title, and (iii) necessary assurances that, wh ere the State has relied on a local or regional government, agency, or instrumentality for the implementation of any plan provision, the State has responsibility for ensuring adequate implementation of such plan provision;” [42 U.S.C. 7410(a)(2)(E)]

The Kansas Legislature annually approves KDHE’s funding and personnel resources for carrying out the programs of the SIP. The annual budget process provides a periodic update that enables KDHE and the local agencies to adjust funding and personnel needs. Whi le it is not legally possible for KDHE and the local agencies to provide specific commitments about future budgets (funding 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.

KDHE has adequate personnel, funding, and authority to fulfill the requirements of the SIP. As

stated above in “II. Section 110(a)(2)(A) Emission limits and other control measures” of this

document , KDHE fulfills the requirements of the SIP through the Kansas Statutes, Kansas Administrative Regulations, permits, and consent orders and agreements

. The Bureau of Air program’s budget is funded by Title V and non

- Title V fees authorized by K.S.A. 6 5

- 3024 ; permit fees au thorized by K.S.A. 6 5

- 3008 ; EPA grants authorized under Sections 103 and 105 of the Clean Air Act (CAA) ; and by the State General Fund (SGF)

. 7

The majority of the BOA budget currently consists of dedicated funds that are collected from regulated emission sources and can only be used for air pollution control. The se dedicated fees are periodically adjusted in order to provide necessary funding for the BOA programs. The last such fee adjustment was an increase to annual emission fees ( K.A.R. 28

- 19

- 202 ) effective November 5, 2010. Collectively, the BOA and local age ncy budgets adequately support the Kansas air program with approximately 50 full

- time equivalent staff positions

.

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

defined at K.S.A. 46

- 229. The statutes found at K.S.A. 46

- 247 et seq. r equire the Secretary of

KDHE to file a st atement of substantial interest . Specifically, the following statutes fulfill the CAA Section 128 (42 U.S.C. 7428) requirements referenced in Section 110 (a)(2)(E) for disclosure of financial interests by the “head of an executive agency” responsible for issuing permits and enforcement orders, as follows.

46

- 247. Individuals required to file written statements of substantial interests; exception. (c) Sta te officers, employees and members of boards, councils and commissions under the jurisdiction of any state agency who are listed as designees by the head of a state agency pursuant to K.S.A. 46

- 285, and amendments thereto.

7 The term “non

- Title V fee” refers to those fees collected under the provisions of K.S.A. 65

- 3024 and K.A.R. 28

- 19

- 202 that are used to implement the provisions of the Kansas Air Quality Act that involve clean air act requirements other than Title V.22

46

- 221. State officer or employ ee, candidate and state officer elect defined.

46

- 229. “Substantial interest” and “client or customer” defined.

These statutes may be viewed by clicking on Article 2 (STATE GOVERNMENTAL ETHICS) at : http://www.ksrevisor.org/statutes/ksa_ch46.html

.

The KDHE oversees local agencies that implement Kansas Air Quality Act (Kansas Statutes Chapter 65, Article 30) provisions and air quality protection services. Partner agencies include:

 City of Wichita, Public Works & Utilities Department, Division of Environmental Health

 Unified Government of Wyandotte County

– Kansas City, Kansas Health Department

 Johnson County Department of Health and Environment

VII. Section 110(a)(2)(F) Stationary source monitoring and reporting

“(F) require, as may be prescribed by the Administrator

— (i) the installation, maintenance, and replacement of equipment, and the implementation of other necessary steps, by own ers or operators of stationary sources to monitor emissions from such sources, (ii) periodic reports on the nature and amounts of emissions and emissions

- related data from such sources, and (iii) correlation of such reports by the State agency with any e mission limitations or standards established pursuant to this chapter, which reports shall be available at reasonable times for public inspection;” [42 U.S.C. 7410(a)(2)(F)]

Emissions monitoring data provide a basis for determining whether facilities meet established performance standards. KDHE uses this data to identify sources and emission levels, determine compliance with regulations and other enforceable requirements, develop control and maintenance strategies, and analyze progress in maintaining the NAAQS.

The KDHE maintains a database with emissions inventory data for more than 900 stationa ry source facilities in Kansas, including PM 2.5 emissions data. KDHE posts a summary report of emissions from stationary sources, both major and minor, for the National Emissions Inventory

Year on its website at ( http://www.kdheks.gov/emission/data.html ). The data are reported to the EPA every three years.

KDHE commits to its continued oversight of the stationary source monitoring requirements and to the reporting of data collected by such monitoring activities as authorized respectively by

K.S.A. 6 5

- 3007 and K.S.A. 6 5

- 3015

.23

VIII. Section 110(a)(2)(G) Emergency episodes

“(G) provide for authority comparable to that in section 7603 of this title and adequate contingency plans to implement such authority;” [42 U.S.C. 7410(a)(2)(G)]

Kansas meets the requirements of Section 110(a)(2)(G), which requires states to provide for authority to address activities causing imminent and substantial endangerment to public health or welfare or to the environment and adequate contingency plans to implement such authority. This authority is provided to the KDHE Secretary in the following Kansas ai r quality statutes

.

K.S.A. 6 5

- 3002 (a) and (b) provide definitions for air contaminants or outdoor pollutants and quantities and duration of those pollutants in the ambient air that tend to endanger health and welfare or contribute to formation of regional haze.

K.S.A. 6 5

- 3005 Powers of the secretary.

K.S.A. 6 5

- 3012 Action to protect health or environment; judicial review procedures

.

Kansas’ Air Pollution Emergency Plan includes r egulations that address excessive buildup of air contaminants during air pollution episodes in Kansas . These regulations address general provisions; episode criteria specifically addressing SO 2 , NO 2 , PM 10 , CO, and ozone; emission reduction requirements; and provisions for emergency episode plans . These regulations may be

accessed at K.A.R. 28

- 19

- 55 et seq. Emergency episode plans are required in areas that record pollutant concentrations in excess of threshold leve ls specified in 40 CFR 51.150.

In USEPA’s 2007 guidance titled “Revising the Air Quality Index (AQI) and Setting a Significant Harm Level for PM 2.5 ,” 8 the upper l imit under consideration for the “ Unhealthy” category for 24

- hour PM 2.5 design value was 140.4 μg/m 3 and a 50 μg/m 3 value for annual PM 2.5 concentrations. Since Kansas has not recorded a 24

- hour PM 2.5 level in excess of 140.4 μg/m 3
nor any annual PM 2.5 concentrations near 50 μg/m 3 , no specific emergency episode plans for

PM 2.5 are warranted, given the existing monitored levels. In fact

, the highest 24

- hour PM 2.5 level measured from 2008 to 2012 was 27 μg/m 3 recorded in Wichita. T he highest annual level of

PM 2.5 concentrations recorded during that time occurred in Wyandotte County at 10.7 μg/m 3

.

KDHE commits to submit any necessary revisions to its Air Pollution Emergency Plan upon adoption of future EPA amended guidance.

8 http://www.epa.gov/air/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL Sept_2013.pdf24

IX. Section 110(a)(2)(H) Future SIP revisions

“(H) provide for revision of such plan

— (i) from time to time as may be necessary to take account of revisions of such national primary or secondary ambient air quality standard or the availability of improved or more expeditious met hods of attaining such standard, and (ii) except as provided in paragraph (3)(C), whenever the Administrator finds on the basis of information available to the Administrator that the plan is substantially inadequate to attain the national ambient air qual ity standard which it implements or to otherwise comply with any additional requirements established under this chapter;” [42 U.S.C. 7410(a)(2)(H)]

The Kansas Department of Health and Environm ent (KDHE) is submitting this revised SIP that responds to updated air quality standards for the 2012 PM 2.5 NAAQS

. As authorized by K.S.A.

65

- 3005(a)(5) , KDHE commits to submit SIP revisions whenever revised air quality standards are promulgated by the EPA or when existing provisions are found to be inadequate.

X. Section 110(a)(2)(I) Nonattainment area plan or plan revision under Part D

“(I) in the case of a plan or plan revision for an area designated as a nonattainment area, meet the applicable requirements of part D of this subchapter (relating to nonattainment areas);” [42 U.S.C. 7410(a)(2)(I)]

As per EPA guidance, nonattainment area plans required under part D are required on a different

schedule from the Section 110 infrastru cture elements and will be reviewed and acted upon through a separate process.

Currently, there are no nonattainment areas for the 2012 Primary Annual PM 2.5 NAAQS in

K ansas. Each c ounty in the state is designated unclassifiable/attainment.

XI. Section 110(a)(2)(J) Consultation with government officials, public notification, PSD, and visibility protection

“(J) meet the applicable requirements of section 7421 of this title (relating to consultation),

section 7427 of this title (relating to public notification), and part C of this subchapter (relating to prevention of significant deterioration of air quality and visibility protection);” [42 U.S.C. 7410(a)(2)(J)]

The CAA Section 121 requires a satisfactory process of consultation with general purpose local governments, designated organizations of elected officials of local governments, and any affected federal land manager in carrying out CAA requirements. The Secretary of KDHE is

authoriz ed by K.S.A. 6 5

- 3005(a)(8) to provide consultati on assistance, and KDHE is required by K.A.R. 28

- 19

- 350(k) to consult with local governments, officials, and federal land managers before the issuance of a permit under the PSD program.25

The Bureau of Air’s rulemaking process for public participation fulf ills the requirements of 110(a)(2)(J) and is conducted under the statutory authority at K.S.A. 7 7

- 421 . KDHE commits to maintaining a process of consultation with parties des ignated under CAA Section 121 (42 U.S.C. 7421)

.

The State’s rulemaking process includes:

 Department approvals

 Review and approval by the Secretary of Administration and Attorney General

 Notification to municipalities, counties, school boards, and neighboring states

 Public hearings and comments

 Filing regulations with the Secretary of State

 Publication in the Kansas Register

 Review by Citizens Regulatory Review Board

 Review by Joint Committee on Administrative Rules and Regulations

Public Hearing Notice with required comment period announcement and supporting documentation, i.e., Regulatory Impact Statements, Technical Support Documents, etc. are posted on the KDHE website for public review before issuance of a permit

. 9

Section 127 (42 U. S.C. 7427) requires that effective measures be utilized “ to notify the public during any calendar year on a regular basis of instances or areas in which any air quality standard is exceeded or was exceeded during any portion of the preceding calendar year to advise the public of the health hazards associated with such pollution

, and to enhance public awareness of measures that can be taken to prevent such standards from being exceeded. ” KDHE maintains air quality data and o ther information on its website r eadily available to the public entitled “About Ambient Air Monitoring” that includes the following topics. 10

 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 KDHE Bureau of Air website ( http://www.kdheks.gov/bar/ ) also provides links to the Kansas Air Quality Monitoring Network and AIRNow for live monitoring data access

. The

KDHE News Release website ( http://www.kdheks.gov/news/index.html ) posts air quality health

advisories for public awareness, when necessary.

KDHE commits to ensuring that PSD regulations are implemented in Kansas. (See also the PSD

discussion in “ IV. Section 110(a)(2)(C) Programs for enforcement, PSD, and NSR” of this document.) The Kansas PSD program meets the requirements to protect visibility with the adoption of federal regulation 40 C.F.R. 52.21 in K.A.R. 28

- 19

- 350.

9 P ublic Hearing Notice information can be accessed electronically at: http://www.kdhe.gov/bar/publicnotice.html

. 10 Ambient Air topics for public are available at: http://www.kdheks.gov/bar/air

- monitor /indexMon.html26

XII. S ection 110(a)(2)(K) Air quality modeling/data

“(K) provide for

— (i) the performance of such air quality modeling as the Administrator may prescribe for the purpose of predicting the effect on ambient air quality of any emissions of any air pollutant for which the Administrator has established a national ambient air quality
standard, and (ii) the submission, upon request, of data related to such air quality modeling to the Administrator;” [42 U.S.C. 7410(a)(2)(K)]

Authority to conduct air dispersion modeling for ambient air quality analyses is provided to KDHE by K.S.A. 65

- 3005(a)(9) . Air dispersion modeling is used to predict ground level ambient air concentrations of pollutants for comparison to air quality standards. The preconstruction p ermitting process uses the results of such modeling to determine the potential impacts of pollution from a proposed source before the source is constructed or modified.

KDHE commits to the continued use of air quality models in accordance with current gui dance and protocols and to the continued submittal of data and modeling results to EPA.

Guidance for PM 2.5 Permit Modeling

On May 20, 2014, EPA released Guida nce for PM 2.5 Permit Modeling (PDF) (144 pp, 2.3 MB)

which reflects the EPA’s recommendations for how major stationary sources seeking PSD permits for fine particles may demonstrate that they will not cause or contribute to a violation

of the PM 2.5 NAAQS and increments, as required under section 165(a)(3) of the Clean Air Act. The guidance addresses the air quality analysis requirements for direct PM 2.5 emissions and

PM 2.5 precursors. EPA also posted thi s guidance to its SCRAM website for public ac cess at http://www.epa.gov/nsr/guidance.html

.

Additional information may also be viewed at: http://www.epa.gov/nsr/guidance.html

XIII. S ection 110(a)(2)(L) Permitting fees

“(L) require the owner or operator of each major stationary source to pay to the permitting authority, as a condition of any permit required under this chapter, a fee sufficient to cover

— (i) the reasonable costs of reviewing and acting upon any application for such a permit,

and (ii) if the owner or operator receives a permit for such source, the reasonable costs of implementing and enforcing the terms and conditions of any such permit (not including any court costs or other costs associated with any enforcement action), until such fee requirement is superseded with respect to such sources by the Administrator’s approval of a fee program under subchapter V of this chapter;” [42 U.S.C. 7410(a)(2)(L)]27

The Title V fee program, part of the operating permit program that is discussed in “I V. Programs for enforcement, PSD, and NSR” of this document, is adequate to meet the requirements of Section 110(a)(2)(L). This program includes permit fees and emissions fees for major stationary

sources.

In addition to fees directly related to the im plementation and enforcement of the Kansas Title V Program, KDHE assesses and collects construction permit and a pproval fees and other

non

- Title V fees. The Kansas A ir program’s annual emissions fee regulation, K.A.R. 28

- 19

- 202, was last amended on Nove mber 5, 2010, implementing a change in fee rate and formulation as necessary to sustain the Kansas air program. KDHE commits to continu ally implement major stationary source permit and emissions fee regulations as authorized by K.S.A. 65

- 3008 and

K.S.A. 6 5

- 3022 through K.S.A. 6 5

- 3024

.

The Air Permitting Section staff also issue operating permits. The PTE of the facility determines the type of operating permit required, if any. The two types of operating permit s are Class I (known as a Titl e V permit) and Class II (a federally enforceable synthetic minor state operating permit). The Kansas Class I operating permit program satisfies the requirements of the federal Title V program and closely parallels the requirements of 40 C.F.R. Part 70. A Class I operating permit is required for major sources of air pollution and provides a complete listing of all air quality regulatory r equirements in one document. The Class II operating permit program provides a method to reduce the PTE of a source bel ow the major source thresholds and thereby allows the source to operate without a Class I operating permit. Information about the permits program is available at http://www.kdheks.gov/air

- per mit/indexPrmt.html

.

XIV. Section 110(a)(2)(M) Consultation/participation by affected local entities

“(M) provide for consultation and participation by local political subdivisions affected by the plan.” [42 U.S.C. 7410(a)(2)(M)]

KDHE’s Bureau of Air has signed State and/or Local Agreements with the following:

 City of Wichita, Public Works & Utilities Department, Division of Environmental Health

 Unified Government of Wyandotte County

– Kansas City, Kansas Health Department

 Johnson County Department of Hea lth and Environment

 Mid

- America Regional Council

These agreements establish formal partnerships between the Bureau of Air and local agencies who work together to develop and annually update strategic goals, objectives, and strategies for reducing emissio ns and improving air quality. In addition, public participation in the rulemaking

process is conducted in accordance with EPA regulations at 40 C.F.R. Part 51, Subpart F, and involves the following entities:

 League of Kansas Municipalities

,

 Kansas Asso ciation of Counties , and

 Kansas Association of School Boards

.28

This participation enhances communication about current emissions status and the implementation of Section 110(a)(2)(M) through their collaborative efforts

. KDHE commits to maintaining a consultation process with local political subdivisions affected by the SIP as authorized by K.S.A. 65

- 3016

.

Conclusion

The State of Kansas acknowledges and fulfills its res ponsibilities related to Section 110(a) of the CAA. Through this state implementation plan, Kansas hereby certifies that it has the authority and resources to implement, maintain and enforce the 2012 annual PM 2.5 NAAQS. This plan

demonstrates how the sta te has addressed and fulfilled all the applicable requirements of Sections 110(a)(1) and (2) of the CAA in regard to this revised annual particulate matter NAAQS.29



## Appendices

Appendix A: Kansas PM 2.5 Monitor Locations and Annual PM 2.5 Design Values,

2008

- 2014

Appendix B: Annual PM 2.5 Design Values for PM 2.5 Monitors in Nine States,

2008

- 2014

Appendix C: Kansas PM 2.5 Emissions by SCC* Level 1 for Years 2002, 2005, 2008,

and 2011 (source: National Emissions Inventory)

Appendix D: Kansas NO

x Emissions by SCC* Level 1 for Years 2002, 2005, 2008,

and 2011 (source: National Emissions Inventory)

Appendix E: Kansas SO 2 Emissions by SCC* Level 1 for Years 2002, 2005, 2008,

and 2011 (sourc e: National Emissions Inventory31

Appendix A. Kansas PM 2.5 Monitor Locations and Annual PM 2.5 Design Values, 2008

- 2014

Site ID Site Name Latitude Longitude Co. Annual PM 2.5 Design Value (μg/m 3 )

2008 2009 2010 2011 2012 2013 2014

200910007 Justice

Center 38.974444

- 94.686944 JO 9.7 9.6 9.6 9.5 9.0 8.3 7.9

200910010 Heritage

Park 38.838590

- 94.746430 JO 9.0 8.7 8.1 8.1 7.7 7.5 7.2

201070002 Mine Creek 38.135833

- 94.731944 LN 10.1 9.7 9.3 9.4 9.1 8.8 8.3

201730008 Washington

& Skinner 37.659722

- 97.297222 SG 9.5 9.5 9.1 9.1 8.9 9.2 9.0

201730009 Glenn &

Pawnee 37.651111

- 97.362222 SG 9.3 9.6 9.1 9.1 9.2 9.4 9.5

201730010 Health Dept. 37.701111

- 97.313889 SG 9.5 9.5 8.9 8.9 8.9 8.8 8.8

201770013 KNI 39.024270

- 95.711280 SN 10.2 10.0 9.2 9.2 9.2 9.0 8.5

201910002 Peck 37.476944

- 97.366389 SU 9.0 9.1 8.6 8.6 8.6 8.5 8.2

202090021 JFK 39.117500

- 94.635556 WY 11.2 10.7 10.3 10.4 10.2 9.7 9.4

202090022 Midland 39.045833

- 94.694444 WY 10.0 9.7 9.3 9.2 8.8 8.1 7.532

Appendix B. Annual PM 2.5 Design Values for PM 2.5 Monitors in Nine States, 2008

- 2014

State

- County CBSA Site(s) Annual PM 2.5 Design Value (μg/m 3 )

2008 2009 2010 2011 2012 2013 2014

AR

- Arkansas 050010011 11.8 11.2 10.9 10.7 10.8 10.1 9.5

AR

- Ashley 050030005 12.1 10.7 10.4 10.6 10.8 10.1 9.2

AR

- Crittenden Memphis, TN

MS

- AR 050350005 12.5 11.7 11.1 11.1 11.2 10.6 9.8

AR

- Faulkner Little Rock

North Little

Rock

- Conway,

AR 050450002 11.7 11.1 10.8 10.8 10.7 10.7 9.9

AR

- Garland Hot Springs, AR 050510003 11.6 11.1 10.7 10.8 11.0 10.5 9.7

AR

- Jackson 050670001 11.4 11.0 10.4 10.2 10.3 9.6 9.3

AR

- Phillips West Helena,

AR 051070001 11.5 11.1 10.7 10.7 10.6 10.1 9.3

AR

- Polk 051130002 11.4 10.7 10.4 10.8 10.8 10.5 9.8

AR

- Pope Russellville, AR 051150003 12.1 11.6 11.1 11.3 10.7 10.3 8.7

AR

- Pulaski Little Rock

North Little

Rock

- Conway,

AR 051190007;

051191004; 051191008 12.6 11.9 11.9 11.9 11.9 11.3 10.7

AR

- Sebastian Fort Smith, AR

OK 051310008 11.5 11.4 11.1 11.5 11.9 12.3

AR

- Union El Dorado, AR 051390006 11.8 11.2 10.9 11.1 11.4 10.7 9.8

AR

- Washington Fayetteville

Springdale

Rogers, AR

- MO 051430005 10.6 10.4 10.7 11.0 10.8 10.2 9.2

AR

- White Searcy, AR 051450001 11.2 10.7 10.7 11.3 11.7 11.8

IL

- Adams Quincy, IL

- MO 170010006; 170010007 10.7 10.2 9.3 9.7 10.2

IL

- Champaign Champaign

Urbana, IL 170190004;

170191001; 170190006 11.7 11.5 10.6 10.4 9.9

IL

- Cook Chicago

Naperville

Joliet, IL

- IN

- WI 170310001;

170310022;

170310050;

170310052;

170310057;

170310076;

170311016;

170312001;

170313103;

170313301;

170314007;

170314201; 170316005 13.5 13.5 12.7 12.7 12.7

IL

- DuPage Chicago

Naperville

Joliet, IL

- IN

- WI 170434002 12.6 11.6 10.9 10.7 10.833

State

- County CBSA Site(s) Annual PM 2.5 Design Value (μg/m 3 )

2008 2009 2010 2011 2012 2013 2014

IL

- Hamilton Mount Vernon,

IL 170650002 12.3 12.0 11.3 10.5 10.0 10.3 10.5

IL

- Jersey St. Louis, MO

- IL 170831001 11.6 11.1 10.4 10.5 10.0 10.1 10.1

IL

- Kane Chicago

Naperville

Joliet, IL

- IN

- WI 170890003; 170890007 12.2 11.4 10.6 10.5 10.6 10.7 10.7

IL

- Lake Chicago

Naperville

Joliet, IL

- IN

- WI 170971007 10.6 10.0 9.3 9.2 9.7

IL

- LaSalle Ottawa

Streator, IL 170990007 11.4 11.1 10.4 10.2 9.5

IL

- Macon Decatur, IL 171150013 12.7 12.3 11.7 11.6 11.2 10.8 10.4

IL

- Madison St. Louis, MO

- IL 171190024;

171191007;

171192009; 171193007 14.6 13.2 12.8 12.5 12.7 12.3 11.9

IL

- McHenry Chicago

Naperville

Joliet, IL

- IN

- WI 171110001 11.2 10.4 10.0 10.0 10.2 10.3 10.4

IL

- McLean Bloomington

Normal, IL 171132003 11.5 11.1 10.5 10.5 10.2 9.6 9.0

IL

- Peoria Peoria, IL 171430037 12.1 11.6 11.1 11.3 11.0 10.4 9.8

IL

- Randolph 171570001 12.0 11.4 10.1 9.8 9.3 9.6 9.9

IL

- Rock

Island Davenport

Moline

- Rock
Island, IA

- IL 171613002 11.2 10.6 9.7 9.8 10.2 10.0 9.7

IL

- Sangamon Springfield, IL 171670012 11.9 11.5 11.0 10.9 10.6 10.7 10.7

IL

- St. Clair St. Louis, MO

- IL 171630010; 171634001 13.7 12.9 12.4 12.4 12.5 11.7 10.9

IL

- Will Chicago

Naperville

Joliet, IL

- IN

- WI 171971002; 171971011 11.8 11.4 10.5 10.3 10.5 10.1 9.7

IL

- Winnebago Rockford, IL 172010013 11.8 10.9 10.1 9.9 9.8 9.9 10.0

IA

- Black

Hawk Waterloo

- Cedar

Falls, IA 190130008; 190130009 10.9 10.8 10.6 10.6 10.6 10.3 9.5

IA

- Clinton Clinton, IA 190450019; 190450021 12.9 12.1 11.7 11.4 11.1 10.4 10.1

IA

- Delaware 190550001 11.1 11.2 10.2 10.2 9.6 9.4 9.0

IA

- Johnson Iowa City, IA 191032001 11.3 11.1 10.9 10.8 10.5 9.6 9.2

IA

- Lee Fort Madison

Keokuk, IA

- MO 191110008 12.1 11.4 11.1 11.1 11.4 11.0 10.8

IA

- Linn Cedar Rapids,

IA 191130037; 191130040 10.6 10.5 10.4 10.3 10.2 9.8 9.5

IA

- Montgomery 191370002 9.5 9.3 9.3 9.4 9.2 8.7 8.3

IA

- Muscatine Muscatine, IA 191390015;

191390016;

191390018; 191390020 12.9 11.8 12.2 12.1 11.7 11.0 10.3

IA

- Palo Alto 191471002 9.0 9.0 8.8 9.0 8.8 8.6 8.234

State

- County CBSA Site(s) Annual PM 2.5 Design Value (μg/m 3 )

2008 2009 2010 2011 2012 2013 2014

IA

- Polk Des Moines

West Des
Moines, IA 191530030;

191530059; 191532510 9.9 10.3 9.7 9.7 9.7 9.2 8.8

IA

- Pottawattami

e Omaha

- Council

Bluffs, NE

- IA 191550009 10.8 10.6 10.9 10.9 11.1 10.2 9.8

IA

- Scott Davenport

Moline

- Rock
Island, IA

- IL 191630015;

191630018;

191630019; 191630020 12.3 12.3 12.1 11.7 11.3 10.5 9.9

IA

- Van

Buren 191770006 10.0 9.6 9.3 9.6 9.6 9.0 8.4

IA

- Woodbury Sioux City, IA

NE

- SD 191930017; 191930019 10.3 9.7 9.9 9.7 9.9 9.4 9.1

KS

- Johnson Kansas City,

MO

- KS 200910007; 200910010 9.6 9.2 8.9 8.8 8.4 7.9 7.6

KS

- Linn Kansas City,

MO

- KS 201070002 10.1 9.7 9.3 9.4 9.1 8.8 8.3

KS

- Sedgwick Wichita, KS 201730008;

201730009; 201730010 9.4 9.5 9.0 9.0 9.0 9.1 9.1

KS

- Shawnee Topeka, KS 201770013 9.9 10.0 9.2 9.2 9.2 9.0 8.5

KS

- Sumner Wichita, KS 201910002 9.0 9.1 8.6 8.6 8.6 8.5 8.2

KS

- Wyandotte Kansas City,

MO

- KS 202090021; 202090022 10.6 10.2 9.8 9.8 9.5 8.9 8.5

MO

- Buchanan St. Joseph, MO

KS 290210005 12.0 11.4 11.4 11.1 11.3 11.0 11.2

MO

- Cass Kansas City,

MO

- KS 290370003 10.3 10.1 9.9 10.2 11.1 10.7 10.6

MO

- Cedar 290390001 11.2 9.9 10.3 10.8 11.0 10.2 8.8

MO

- Clay Kansas City,

MO

- KS 290470005 10.6 10.1 9.6 9.5 9.5 9.2 8.9

MO

- Greene Springfield, MO 290770032 11.1 10.7 10.0 10.1 10.3 9.9 9.2

MO

- Jackson Kansas City,

MO

- KS 290950034; 290950042 11.5 11.5 11.1 10.7 10.3 8.8 9.6

MO

- Jefferson St. Louis, MO

- IL 290990012; 290990019 12.1 12.0 11.6 10.4 10.1 9.8 10.0

MO

- St. Louis

Co. St. Louis, MO

- IL 291890015;

291892003; 291893001 12.1 11.9 11.8 11.3 10.9 10.9 10.9

MO

- St. Louis
City St. Louis, MO

- IL 295100007;

295100085;

295100086;

295100087;

295100093; 295100094 13.5 13.0 12.5 12.2 12.0 10.4 10.4

NE

- Douglas Omaha

- Council

Bluffs, NE

- IA 310550019; 310550052 9.2 9.2 9.3 9.6 9.9 9.6 9.1

NE

- Hall Grand Island,

NE 310790004 7.8 7.7 7.4 7.1 7.3 7.4 7.2

NE

- Lancaster Lincoln, NE 311090022 8.1 8.1 8.4 8.5 8.7 8.4 8.235

State

- County CBSA Site(s) Annual PM 2.5 Design Value (μg/m 3 )

2008 2009 2010 2011 2012 2013 2014

NE

- Sarpy Omaha

- Council

Bluffs, NE

- IA 311530007 9.4 9.2 10.2 11.0 11.5 11.0 10.0

NE

- Scotts

Bluff Scottsbluff, NE 311570003; 311570004 6.5 5.7 5.5 4.8 5.2 5.2 5.3

NE

- Washington Omaha

- Council

Bluffs, NE

- IA 311770002 8.6 8.4 8.8 9.1 9.3 8.9 8.3

OK

- Caddo 400159008 8.5 8.7 9.2 9.2 9.5 11.3

OK

- Mayes 400970186; 400979014 11.4 11.6 11.0 9.4 8.9 6.9

OK

- Muskogee Muskogee, OK 401010169 11.6 11.5 10.8 10.9 11.2 11.7

OK

- Oklahoma Oklahoma City,

OK 401090035; 401091037 10.1 10.3 9.6 9.4 9.5 9.6 9.3

OK

- Pittsburg McAlester, OK 401210415 11.1 11.0 10.3 10.1 10.3 10.3 9.8

OK

- Sequoyah Fort Smith, AR

OK 401359015; 401359021 11.9 11.3 10.4 10.9 10.7 10.5 9.7

OK

- Tulsa Tulsa, OK 401430110;

401430174; 401431127 11.4 11.5 11.2 11.0 11.2 10.3 9.4

TX

- Bexar San Antonio, TX 480290032; 480290059 8.9 9.1 9.0 9.3 9.0 8.8 8.5

TX

- Bowie Texarkana, TX

Texarkana, AR 480370004 12.3 11.3 11.2 11.1 11.1 10.6 10.2

TX

- Brewster 480430101 5.9 5.5 5.3 5.2 5.3

TX

- Cameron Brownsville

Harlingen, TX 480612004 11.5 11.4 11.0 10.4 10.0 10.3 10.2

TX

- Dallas Dallas

- Fort

Worth

Arlington, TX 481130050;

481130069; 481130087 10.9 10.6 10.1 10.2 10.1 10.4 10.2

TX

- El Paso El Paso, TX 481410037;

481410044; 481410053 12.6 11.9 10.9 11.2 11.1 10.6 9.7

TX

- Ector Odessa, TX 481350003 8.3 8.1 7.5 7.0 7.0

TX

- Ellis Dallas

- Fort

Worth

Arlington, TX 481390016 11.4 10.8 10.2 9.7 10.0 9.7 9.6

TX

- Harris Houston

- Sugar

Land

- Baytown,

TX 482010024;

482010058;

482011035; 482011039 12.8 12.4 11.9 11.0 11.0 10.7 10.5

TX

- Harrison Marshall, TX 482030002 11.0 10.3 10.0 10.6 10.9 10.5 9.5

TX

- Hidalgo McAllen

Edinburg

Mission, TX 482150043 10.9 10.9 10.5 10.5 10.3 10.5 10.2

TX

- Jefferson Beaumont

- Port

Arthur, TX 482450021 11.3 11.0 10.5 10.3 10.3

TX

- Lubbock Lubbock, TX 483030325 9.2 8.4 7.7 6.9 6.2

TX

- Nueces Corpus Christi,

TX 483550032; 483550034 10.4 10.1 9.8 9.9 9.9 10.2 9.7

TX

- Potter Amarillo, TX 483750320 6.3 6.0 6.0 5.8 5.9

TX

- Tarrant Dallas

- Fort

Worth

484391002; 484391006 11.0 10.7 10.2 10.3 10.5 10.6 10.336

State

- County CBSA Site(s) Annual PM 2.5 Design Value (μg/m 3 )

2008 2009 2010 2011 2012 2013 2014

Arlington, TX

TX

- Travis Austin

- Round

Rock, TX 484530020; 484530021 9.6 9.6 9.3 9.5 9.2 8.7 8.6

WI

- Ashland 550030010 6.3 6.0 5.8 5.5 5.3 5.1 5.2

WI

- Brown Green Bay, WI 550090005 11.9 11.4 11.0 10.4 9.6 8.8 8.5

WI

- Dane Madison, WI 550250041; 550250047 12.6 12.4 11.4 10.8 9.8 9.6 9.3

WI

- Dodge Beaver Dam, WI 550270001; 550270007 11.1 14.1 11.9 11.0 9.3 8.7 8.4

WI

- Eau

Claire Eau Claire, WI 550350014; 550350100 7.7 9.3 9.4 10.1 10.4 7.9

WI

- Forest 550410007 7.1 6.7 6.6 6.0 5.6 5.1 5.2

WI

- Grant Platteville, WI 550430009 12.3 12.2 11.5 10.7 10.0 9.5 8.7

WI

- Kenosha Chicago

Naperville

Joliet, IL

- IN

- WI 550590019 12.7 12.2 10.6 9.7 9.5 9.1 9.0

WI

- La Crosse La Crosse, WI

MN 550630012 12.1 11.4 10.5 9.6 9.0 8.5 8.2

WI

- Manitowoc Manitowoc, WI 550710007 10.7 10.4 9.7 9.3 9.2

WI

- Milwaukee Milwaukee

Waukesha

West Allis, WI 550790010;

550790026;

550790043;

550790058;

550790059; 550790099 13.9 12.9 12.0 11.3 10.6 9.9 9.7

WI

- Outagamie Appleton, WI 550870009 11.4 11.0 10.4 9.8 9.2 8.6 8.4

WI

- Ozaukee Milwaukee

Waukesha

West Allis, WI 550890009 11.9 11.4 10.2 9.5 9.1 8.4 7.9

WI

- Sauk Baraboo, WI 551110007 10.5 10.4 9.5 9.0 8.6 7.8 7.4

WI

- St. Croix Minneapolis

- St.

Paul

Bloomington,

MN

- WI 551091002 10.3 10.4 10.0 9.6 9.2

WI

- Taylor 551198001 9.0 8.8 8.7 7.9 7.8 7.2 6.8

WI

- Vilas 551250001 6.9 6.6 6.2 6.1 5.8 5.4 5.1

WI

- Waukesha Milwaukee

Waukesha

West Allis, WI 551330027 13.9 13.2 12.3 11.7 11.3 10.8 10.237

Appendix C. Kansas PM 2.5 Emissions by SCC* Level 1 for Years 2002, 2005, 2008, and

2011 (source: National Emissions Inventory)

Source Category / Level 1 Description 2002 PM 2.5 2005 PM 2.5 2008 PM 2.5 2011 PM 2.5 EVENT / Prescr. Burning/Wildfires 129,774 76,872 51,485 84,235

NONPOINT

– Misc. Area Srcs. (Crops) 58,618 60,283 88,988 97,634

NONPOINT

– Mobile Srcs. (Road Dust) 30,101 30,101 30,385 32,668

NONPOINT

– Ind. Procs. (Constr./Oil & Gas) 7,163 7,162 5,249 5,876

POINT

– Indust. Procs. 4,373 6,631 2,868 3,803

NONROAD

– Off

- Highway Equip. 5,179 4,586 3,792 3,310

NONPOINT

– Sta. Src. Fuel Comb. (Res. Wood) 4,464 4,464 2,417 4,532

POINT

– Elec. Gen. Boilers 5,765 5,518 1,749 1,753

ONROAD

– Highway Vehicles 1,629 1,353 2,737 2,223

NONPOINT

– Misc. Waste Disp./Open Burning 2,099 2,099 1,221 1,230

NONPOINT

– Mobile Srcs. (RR Equip./CMV) 1,135 1,133 1,081 1,048

POINT

– ICE (Indust./EGU) 642 627 460 561

NONPOINT

– Sta. Src. Fuel Comb. (Other) 525 514 963 209

POINT

– Petroleum and Solvent Evap. 102 250 128 164

POINT

– Non

- EGU Blrs./Space Htrs. 94 139 125 203

POINT

– Mobile Srcs. (Aircraft) 72 72 33 99

NONPOINT

– Solvent Utilization 109 55

* Source classification code

— see list of point source SCCs at
http://www.kdheks.gov/emission/download/Source_Classification_Code.xls38

Appendix D. Kansas NO

x Emissions by SCC* Level 1 for Years 2002, 2005, 2008, and 2011
(source: National Emissions Inventory)

Source Category / Level 1 Description 2002 NO

x 2005 NO

x 2008 NO

x 2011 NO

x ONROAD

- Highway Vehicles 85,616 68,176 79,574 62,255

POINT

- Elec. Gen. Boilers 95,256 88,700 52,546 42,565
BIO / Biogenic Emissions 63,640 60,500 60,081 57,224

POINT

- ICE (Indust./EGU) 55,921 53,313 39,273 40,168

NONROAD

- Off

- Highway Equip. 47,653 45,544 42,019 37,647

NONPOINT

- Mobile Srcs. (RR Equip./CMV) 41,056 41,010 35,830 34,496
EVENT / Prescr. Burning/Wildfires 29,105 30,312 15,033 23,338

NONPOINT

- Ind. Procs. (Constr./Oil & Gas) 7 22 2,269 57,053

POINT

- Indust. Procs. 13,208 15,636 11,564 10,297

NONPOINT

- Sta. Src. Fuel Comb. (Other) 12,457 12,219 14,288 8,186

NONPOINT

- Misc. Area Srcs. (Crops) 5,571 5,909 2,065 5,885

POINT

- Non

- EGU Blrs./Space Htrs. 2,442 3,144 2,067 2,639

NONPOINT

- Sta. Src. Fuel Comb. (Res. Wood) 424 424 269 470

NONPOINT

- Misc. Waste Disp./Open Burning 384 384 377 239

POINT

- Mobile Srcs. (Aircraft) 91 91 420 248

POINT

- Petroleum and Solvent Evap. 62 75 44 57

POINT

- Waste Disposal 20 45 43 33

NONPOINT

- Misc. Area Srcs. (Livestock & Other) 12 21 10

* Source classification code

— see list of point source SCCs at
http://www.kdheks.gov/emission/download/Source_Classification_Code.xls39

Appendix E. Kansas SO 2 Emissions by SCC* Level 1 for Years 2002, 2005, 2008, and 2011
(source: National Emissions Inventory)

Source Category / Level 1 Description 2002 SO 2 2005 SO 2 2008 SO 2 2011 SO 2

POINT

- Elec. Gen. Boilers 129,794 136,463 95,904 39,382

NONPOINT

- Sta. Src . Fuel Comb. (Other) 25,156 25,149 6,727 82
EVENT / Prescr. Burning/Wildfires 10,952 13,165 6,364 10,069

POINT

- Indust. Procs. 9,108 11,928 5,836 6,167

NONROAD

- Off

- Highway Equip. 4,858 5,186 817 88

NONPOINT

- Mobile Srcs. (RR Equip./CMV) 2,884 2,850 373 350

ONROAD

- Highway Vehicles 2,893 1,824 718 313

NONPOINT

- Misc. Area Srcs. (Crops) 732 777 330 2,287

POINT

- Non

- EGU Blrs./Space Htrs. 1,108 1,057 314 177

POINT

- MACT Src. Categories 1,043 1,033

NONPOINT

- Ind. Procs. (Constr./Oil & Gas) 113 95 346 181

POINT

- ICE (Indust./EGU) 80 182 56 92

NONPOINT

- Sta. Src. Fuel Comb. (Res. Wood) 65 49 82

NONPOINT

- Misc. Waste Disp./Open Burning 52 52 31 30

POINT

- Mobile Srcs. (Aircraft) 11 11 58 36

POINT

- Waste Disposal 2 15 30 6

* Source classification code

— see list of point source SCCs at
http://www.kdheks.gov/emission/download/Source_Classification_Code.xls

# Section D

## Public Participation Documents

 Public Hearing and Comment Request Notice

 Kansas Register & KDHE District Offices
(Lawrence, Salina, Wichita, Chanute, Hays, Dodge City )

 Newspaper Publications/Affidavits
(Lawrence, Salina, Wichita, Chanute, Hays, Dodge City )

 KDHE Website Announcements
( Public Hearing and Comment Request )

 Public Hearing Notice Letters (e

- mail)



###  Public Hearing Record/Responsiveness Summary

 (KDHE Website Public Hearing Cancellation)

# Kansas Register

Kris W. Kobach, Secretary of State

Vol. 34, No. 41 October 8, 2015 Pages 1085-1108



### In this issue . . . Page

Legislative interim committee schedule

............................................................................................... 1086

Kansas Children’s Cabinet and Trust Fund Notice of meeting

......................................................................................................................... 1087

Historic Sites Board of Review Notice of meeting

......................................................................................................................... 1087 Kansas Public Employees Retirement System Request for proposals for group life insurance benefit plans

................................................................. 1087 The University of Kansas Hospital Request for proposals for patient financing outsourcing

....................................................................... 1087 Kansas Board of Regents Universities
Notice to bidders

.......................................................................................................................... 1088 City of Augusta Request for bids for train depot restoration (re-bid)

............................................................................. 1088 Department of Administration—P rocurement and Contracts Notice to bidders for state purchases

................................................................................................ 1088
Kansas Department of Transportation Request for applications for FTA programs

....................................................................................... 1089 North Central Regional Planning Commission
Notices to bidders

........................................................................................................................ 1090 Department of Revenue Notice of available publications

....................................................................................................... 1090 Kansas State University-Salina
Notice of aircraft for sale

............................................................................................................... 1090 Department of Health and Environment Notice of hearing on proposed State Implementation Plan revision

........................................................ 1090 Request for comments on proposed air quality permits

....................................................................... 1091 Notice concerning water pollution control permits / applications

............................................................. 1092

Notice of Bond Sale City of Andover..................................................................................................................

......... 1093 U.S.D. 443, Ford County (Dodge City)

.............................................................................................. 1094 Sedgwick County

......................................................................................................................... 1095 City of Bel Aire ............................................................................................................................ 109 6 Department of Administration—Offic e of the Chief Financial Officer
Public notice...................................................................................................................

............. 1097 Department of Administration Notice of hearing on proposed administrative regulations

.................................................................... 1097
Annual statement of ownership, management and circulation

................................................................ 1099 Pooled Money Investment Board
Notice of investment rates

.............................................................................................................. 1099
Kansas Insurance Department Notice of changes in pharmacy networks

.......................................................................................... 1099 Permanent Administrative Regulations State Corporation Commission

........................................................................................................ 1100

Office of the Governor Executive Order 15-06, designating the KANSASWORKS State Board as the State Workforce Development Board

................................................................................... 1101
Index to administrative regulations

.................................................................................................... 1103Kansas Secretary of State 2015 Vol. 34, No. 41, October 8, 2015 Interim Agenda 1086 

### Kansas Register

State of Kansas Legislature

Interim Committee Schedule
The Legislative Research Department gives notice that the following legislative committees plan to meet on the dateslisted below based on current information and subject to change. Requests for accommodation to participate in committee meetings should be made at least two working days in advance of the meeting by contacting Legislative Administrative Services at 785-296-2 391 or TTY 711, or em ail legserv@las.ks.gov.

Date Room Time Committee Agenda

Oct. 20 159-S TBA Joint Committee on Building Construction Agenda not available.

Oct. 21 159-S TBA Joint Committee on Building Construction Agenda not available.

Oct. 21 548-S TBA Joint Committee on Health
Care Stabilization Fund Oversight Agenda not available.

Oct. 23 112-N 9:00 a.m. K-12 Student Success Interim Study Committee Agenda not available.

Tom Day Director of Legislative
Administrative Services

Doc. No. 043966

The Kansas Register (USPS 0662-190) is an official publication of the state of Kansas, published by authority of K.S.A. 75-430. The Kansas Register is published weekly and a cumulative index is published annually by the Kansas Secretary of State. One-year subscriptions are $80 (Kansas residents must include applicable state and local sales tax). Single copies, if available, may be purchased for $2. Periodicals postage paid at Topeka, Kansas. POSTMASTER: Send change of address form to Kansas Register, Secretary of State, 1st Floor, Memorial Hall, 120 S.W. 10th Ave., Topeka, KS 66612-1594.

Kansas Secretary of State 2015. Reproduction of the publication in its entirety or for commercial purposes is prohibited without prior permission. Official enactments of the Kansas Legislature and proposed and adopted administrative regulations of state agencies may be reproduced i n any form without permission.

Hard copy subscription information and current and back issues of the Kansas Register (PDF format) can be found at the following link: http: // www.sos.ks.gov / pubs / pubs_kansas_register.asp

Published by

Kris W. Kobach Secretary of State 1st Floor, Memorial Hall

120 S.W. 10th Ave. Topeka, KS 66612-1594

785-296-4564 www.sos.ks.gov Register Office: 1st Floor, Memorial Hall

785-296-3489

Fax 785-296-8577 kansasregister @sos.ks.govKansas Secretary of State 2015 Vol. 34, No. 41, October 8, 2015 Notices/Hearing 1090 

### Kansas Register

(Published in the Kansas Register October 8, 2015.) North Central Regional Planning Commission

Notice to Bidders
Bids for a stop movement trailer will be accepted by the North Central Regional Planning Commission, 109 N. Mill St., Beloit, KS 67420, until 4 p.m. Thursday, October 22, 2015, at which time they will be publicly opened and read aloud at the same address. Copies of the Request for Proposals and project specifications can be accessed by going to http: // procurement.ncrpc.org / HS / projects.html or by contacting the NCRPC at 785-738-2218 or lcpeters@ nckcn.com. This action is being taken on behalf of the Southwest Kansas Regional Homeland Security Council. The estimated projec t value exceeds $25,000.

Lisa Peters Homeland Security Clerk

Doc. No. 043959

State of Kansas Department of Revenue

Notice of Available Publications
Listed below are all the Private Letter Rulings, Opinion Letters, Final Written Determinations, Revenue Rulings, Memorandums, Property Valuation Division Directives, Q&A’s, Information Guides and Notices published by the Department of Revenue for September 2015. Copies can be obtained by accessing the Policy Information Librarylocated on the Internet at www.ksrevenue.org or by calling the Office of Policy and Research at 785-296-3081.
Private Letter Rulings P-2015-003 Interface Data Exchange-access records or data
Opinion Letters

O-2015-001 Internet Tax Freedom Act

Final Written Determinations No new publications
Revenue Rulings No new publications

Notices No new publications

Memorandums No new publications
Property Valuation Div ision Directives No new publications

Q&A’s No new publications

Information Guides No new publications
Nick Jordan Secretary of Revenue

Doc. No. 043968 (Published in the Kansas Register October 8, 2015.) North Central Regional Planning Commission

Notice to Bidders
Bids for tactical equipment will be accepted by the North Central Regional Planning Commission, 109 N. Mill St., Beloit, KS 67420, until 4 p.m. Thursday, October 22, 2015, at which time they will be publicly opened and read aloud at the same address. Copies of the Request for Bid and project specifications can be accessed by going to http: // procurement.ncrpc.org / HS /projects.html or by contacting the NCRPC at 785-738-2218 or lcpeters@ nckcn.com. This action is being taken on behalf of the Northeast Kansas Regional Homeland Security Council. The estimated projec t value exceeds $25,000.

Lisa Peters Homeland Security Clerk

Doc. No. 043961

State of Kansas Kansas State University-Salina

Notice of Aircraft for Sale
Kansas State University at Salina is offering for sale the following aircraft:

• Schleicher ASK-21 Glider, N804KS, SN 21235, Airframe TT 3039.9 with Cobr a trailer; $35,000 OBO

• Schweizer SGM2-37, Motorglider, SN 5, Airframe TT

4438.63, Engine TSMOH 47.0, Prop TSO 1141.3, annual due 1 / 2016, $90,000 OBO
For more information contact Mark Lundquist, senior maintenance manager, at 785-826-2689 or mlund@ksu.edu.
Mark Lundquist Senior Maintenance Manager

Doc. No. 043975

State of Kansas Department of Health
and Environment

Notice of Hearing
The Kansas Department of Health and Environmentproposes revisions to the State of Kansas Plan for Implementation, Maintenance and Enforcement of the 2012 Annual Fine Particulate Matter (PM 2.5 ) National Ambient Air Quality Standards (NAAQS). This State Implementation Plan (SIP) update, posted for public review on the KDHE website at http: // www.kdheks.gov / bar/ planning /pnplanning.html, is proposed in accordance with the requirements of Section 110 of the Federal Clean Air Act Amendments (CAAA) of 1990. Section 110 of the CAAA requiresthat each state submit a plan demonstrating the implementation, maintenance and enforcement of the NAAQS
to the United States Environmen tal Protection Agency.

Any member of the public may request a public hearing and submit comments regarding this public action by contacting Pat Gibbs at 785-291-3278, pgibbs@ kdheks.gov, or fax 785-296-7455. If requested, the KDHEKansas Secretary of State 2015 Vol. 34, No. 41, October 8, 2015 Hearing/Request for Comments 1091 

### Kansas Register

Bureau of Air will conduct a public hearing at 10 a.m.Tuesday, November 10, in the Curtis State Office Building, Flint Hills Conference Room, third floor, 1000 S.W. Jackson, Topeka, to consider Kansas’ 2012 Annual PM 2.5NAAQS SIP Revisions. If no request for hearing is received by noon November 6, the scheduled hearing will
be cancelled with an announcement on the KDHE Bureau
of Air website as cited above.

The proposed SIP revision does not include any rulemaking action. Copies of the proposed plan also may be
viewed at the fo llowing locations:

• Department of Air Quality, Unified Government of

Wyandotte County – Kansas City, Kansas Health Department, 619 Ann Ave., Kansas City, Kansas

• Johnson County Dep artment of Health and

Environment, 11811 S. Sunset, Suite 2700, Olathe

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

Hays

• KDHE North Central Dist rict 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 Department of Environmental Health,

1900 E. 9th St., Wichita

• KDHE Southwest District Office, 302 W. McArtor

Road, Dodge City
Comments from the interested public may be faxed to 785-296-7455; mailed to KDHE, Bureau of Air, Attn: Pat Gibbs, 1000 S.W. Jackson, 3rd Floor, Topeka, 66612; or emailed to pgibbs@kdheks.gov, and must be received not
later than November 10.

Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed plan in an accessible format. Requests for accommodation should be submitted to Pat Gibbs at least one week prior to the hearing.

Susan Mosier, M.D. Secretary of Health

and Environment

Doc. No. 043964

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 renewal and amendment to previously issued construction permit. Crestwood, Inc. has applied for a Class I operating permit renewal in accordance with the provisions of K.A.R. 28-19-510 et al. The purpose of aClass I permit is to identify the sources and types of regulated air pollutants emitted from the facility; the emission limitations, standards and requirements applicable to each source; and the monitoring, record keeping and reporting requirements applicable to each source as of the effective date of permit issuance. Notice also is given that certain requirements in the construction permit datedJune 1, 2001, are being modified by a modification of permit / approval conditions. Crestwood, Inc. owns and operates a wood kitchen cabinet and vanity manufacturing facility located at 601 E. Water Well Road, Salina, KS 67401.

A copy of the proposed permit, permit application, all supporting documentation, all information relied upon during the permit application review process and a copy of the modification of approval conditions are available for public review during normal business hours at theKDHE, Bureau of Air, 1000 S.W. Jackson, Suite 310, Topeka. Also, a copy of only the proposed permit can be reviewed at the KDHE North Central District Office, 2501 Market Place, Suite D, Salina. To obtain or review either document contact Rasha Allen, 785-296-1581, at the KDHE central office, and to review only the proposed permit contact Stan Marshall, 785-827-9639, at the KDHE North Central District Office. The standard departmental cost will be assessed for any copies requested.

Written comments or questions regarding the documents may be directed to Rasha Allen, KDHE, Bureau of Air, 1000 S.W. Jackson, Suite 310, Topeka, 66612-1366. Inorder to be considered in formulating final document decisions, written comments must be received not later than noon November 9, 2015. A person may request a public hearing be held on the proposed documents. The request for a public hearing shall be in writing and set forth the basis for the request. The written request must be submitted to Rasha Allen, KDHE, Bureau of Air, not later than noon November 9, 2015, in order for the secretary of health and environment to consider the request.

The U.S. Environmental Protection Agency has a 45- day review period, which will start concurrently with thepublic comment period, within which to object to the proposed permit. If the EPA has not objected in writing tothe issuance of the permit within the 45-day review period, any person may petition the administrator of theEPA to review the permit. The 60-day public petition period will directly follow the EPA’s 45-day review period. Interested parties may contact KDHE to determine if the EPA’s 45-day review per iod has been waived.

Any such petition shall be based only on objections to the permit that were raised with reason able specificity during the public comment period provided for in thisnotice, unless the petitioner demonstrates that it was impracticable to raise such objections within such period, orunless the grounds for such objection arose after such period. Contact Ward Burns, U.S. EPA, Region 7, Air Permitting and Compliance Branch, 11201 Renner Blvd., Lenexa, KS 66219, 913-551-7960, to determine when the 45-day EPA review period ends and the 60-day petition period commences.

Susan Mosier, M.D. Secretary of Health

and Environment

Doc. No. 043958From: Pat Gibbs

To: "Jay.Michael@epa.gov" ; Kemp, Lachala

Cc: John Mitchell ; Rick Brunetti ; Tom Gross ; Victoria O"Brien ; Julie Coleman ; Pat A Simpson ; Jennifer Nichols ; Stan

A. Marshall ; Erich Glave ; Ethel Evans ; Larissa Parker ; Doug Cole ; Allison Herring ; Dan Wells ; Melissa

McDonald ; Kate Gleeson ; Zac Graves
Subject: Notice of Public Hearing and Comment Request for proposed Kansas Infrastructure SIP for the 2012 Annual

PM2.5 NAAQS

Date: Wednesday, October 07, 2015 10:48:00 AM

Attachments: Signed PN Ltr for Contact Distribution.pdf KDHE_Website_PN_2012_PM2.5_i-SIP.pdf 2012_PM2.5_NAAQS_i-SIP_Draft_Proposal_for_PN+EPA.pdf

Please find the attached Notice of Public Hearing document with Kansas’ proposed 2012 Annual
PM2.5 NAAQS Infrastructure SIP for your review. The Public Notice and comment period will be
published Thursday, 10-8-15, in the Kansas Register; the Chanute, Hays, Dodge City, Salina, Topeka
and Wichita newspapers; and on the KDHE Website. We request and appreciate the KDHE District
Offices and others of you who also post the Public Notice in each of your locations for public access.

A public hearing is tentatively scheduled for Tuesday, November 10, 2015 at 10 AM -- IF requested.
Cancellation of the public hearing will be posted on the KDHE website if no request is received by

Friday, November 6, 2015. Comments are encouraged and accepted until 5 PM, November 10,

2015.

Please contact us for any further information needed and thanks for your cooperation.

Pat Gibbs
Air Planning and Regulations
Kansas Department of Health and Environment

1000 SW Jackson, Suite 310
Topeka, KS 66612
(785) 291-3278

Pgibbs@kdheks.gov(Posted Oct. 8, 2015)PUBLIC HEARING CANCELLED (for Nov. 10, 2015)

NO REQUEST FOR PUBLIC HEARING OR COMMENTS RECEIVED

Kansas Air Quality Sta te Implementation Plan Revision

2012 Primary Annual Fine Particulate Matter (PM 2.5 ) NAAQS

PUBLIC HEARING RECORD

November 10, 2015

In accordance with Section 110(a)(1 ) and 110(a)(2) of the Federal Clean Air Act, the Kansas
Department of Health and Environment (KDHE) is submitting to EPA Region 7 a p roposed revision
to the Kansas State Air Quality Implementation Plan (SIP) for 2012 Primar y Annual PM 2.5 National

Ambien t Air Quality Standards (NAAQS). The proposed SIP revisions were public noticed on October 8, 2015 in the Kansas Register (Vol. 34, No 41, 1090

- 10 91)

, the Topeka, Wichita, Salina,
Chanute, Hays and Dodge City newspapers; at the six KDHE District Offices ; and on the KDHE

website at http://www.kdheks.gov/bar/planning/pnplanning/html

.

N o r equests for public hearing were received within the required 30

- day period so the hearing

scheduled for November 10, 2015 was cancelled by announcement on the KDHE website.

The public notice and cancellation announcement are included as Attachment A to this record

.

Responsiveness Summary

KDHE received no commen ts from the general public, the EPA Region 7 Office, local air quality
agencies or other interested parties

.

# Attachment A

(Public Hearing Record)

# Section E

## Technical Support

Kansas Air Quality State Implementation Plan for the Implementation, Maintenance, and Enforcement

of the 2012 Primary Annual PM 2.5 

## National Ambient Air Quality Standard

Response to Elements of 40 C.F.R. Part 51, Appendix V, Criteria for Determining the Completeness of Plan Submissions, Section 2.2

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

Fine Particulate Matter ( PM 2.5 ) is the regulated pollutant affected by the plan.

2. Identification of the location of affected sources including t he EPA

attainment/nonattainment designation of the locations and the status of the attainment plan for the affected areas. [2.2(b)]

The Kansas Air Quality State Implementation Plan Revi sion for the Implementation,

Maintenance, and Enforcement of the 2012 Primary Annual PM 2.5 NAAQS aff ects the entire

state of Kansas.

Because there are no existing PM 2.5 monitors that violate the revised standard, Kansas submitt ed
a letter to EPA in July 2014 , recommending that each of the 105 counties in Kansas be
designated as “unclassifiable /attainment” with respect to the PM 2.5 standards revised in 2012

.

The EPA Region 7 Administrator responded to KDHE via letter of approval in November 2014,

confirm ing that all Kansas counties me e t “ unclassifiable/attainment ” status with the 2012
Primary Annual PM 2.5 NAAQS.

3. Quantification of the changes in plan allowable emissions from the affected sources; estimates of changes in current actual emissions from affe cted sources or, where appropriate, quantification of changes in actual emissions from affected sources through

calculations of the differences between certain 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 Ambient Air Quality Standards, prevention of

significant deterioration increments, reasonable further progress demonstration, and visibility, as applicable, are protected if the plan is approved and implemented. [2.2(d)]

The content of this plan has been developed to demonstrate that the infrastructure elements exist
and are in place for Kansas to implement, maintain, and enforce the 20 12 PM 2.5 air quality

standard . This plan submittal was develope d to meet the “Criteria for Determining the
Completeness of Plan Submissions” as codified in 40 C.F.R. Part 51, Appendix V.

5. Modeling information required to support the proposed 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 limitations are based on continuous emission reduction technology. [2.2(f)]

Not applicable.

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

These elements are incorporated into the infrastructure plan.

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

There are no changes to the compliance and enforcement strategies. The existing program
remains in place.

9. Special economic and technological justifications required by any applicable EPA policies or an explanation of why such justifica tions are not necessary. [2. 2(i )]

Not applicable. The plan revision is consistent with these policies and requirements and will continue to be protective of the NAAQS.