# Kansas Air Quality

Revision to the State Implementation Plan

To Modify 2017, 2018, and 2019 Nitrogen Oxide (NO X 

# ) Allocations for Kansas Utilities under the

Cross

- State Air Pollution Rule (CSAPR)

Our Vision

- Healthy Kansans living in safe and sustainable environments

.



# Department of Health and Environment

Division of Environment

Bureau of Air (785) 296

- 6024



# December 2015

## Contents

Background and Kansas Department of Health and Environment Actions

Appendices :

A. K.A.R. 28

- 19

- 274 Report of the Hearing Officer and Responsiveness Summary

B. K.A.R. 28

- 19

- 274 Secretary’s Adoption, Filing and Final Publication

C. Comment Letter

– Environmental Protection Agency

D. Public Hearing Notice for SIP

E. Cancel lation of Public Hearing for SIP

F. State of Kansas Authorizing Statutes

### Background and Kansas Department of Health and Environment Actions

In December 2011, prior to the implementation of Cross

- State Air Pollution Rule ( CSAPR ) , the D.C. Circuit Court stayed the implementation of CSAPR pending the outcome of litigation that had been filed against the EPA. August 2012, the D.C. Circuit Court issued a decision vacating CSAPR and directed EPA to continue to implement CAIR until the y could implement a new replacement rule that addresses the Court’s concerns. EPA appealed the D.C. Circuit Court’s decision to the U.S. Supreme Court and in April 2014, the U.S. Supreme Court

reversed the D.C. Circuit Court’s decision that vacated the CSA PR. EPA filed a motion to the D.C. Circuit Court in June 2014 to lift the stay of the CSAPR and delay all compliance dates in the rule by three (3) years, which would require that phase I of CSAPR would begin in January 2015. In October 2014, the D.C. Circ uit court granted EPA’s motion to lift the stay of the CSAPR, and on December 3, 2014 the EPA promulgated an interim final rule (79 FR 71663) that extends the compliance dates of the CSAPR by three (3) years and clarifies that the rule which

went into effe ct in 2015.

The CSAPR established four (4) separate federal emission trading programs for states located in the eastern half of the country. For the purpose of this SIP, on ly the TR NO

x 

### Annual Trading Program will be addressed. States that were found to be significantly contributing to a

1997 and/or 2006 PM 2.5 

### NAAQS nonattainment area or interfere with maintenance of these

PM 2.5 

### NAAQS in a downwind state are included in one of the TR SO 2 

### Trading Programs, along

with the TR Annual NO

x 

### Trading Program.

EP A implemented CSAPR through a FIP beginning January 1, 2015 (79 FR 71663). Through the CSAPR, every state included in the rule has a statewide emission budget for each trading program in which it is included. These statewide budgets consist of a certain am ount of

allowances that are distributed to the CSAPR

- affected units in that state. Each allowance permits a unit to emit one ton of the respective air pollutant for which the allowance is granted. Allowances may be used to cover emissions from a particular unit, they may be banked for use in a future year, or they can be traded or sold to other affected units included in the respective trading program.

EPA’s method of setting statewide emission budgets through the CSAPR included the use of the future year modeling. EPA took into account all known or planned controls that would be operational on all affected units included in the CSAPR by January 1, 2012. EPA also took

into account all cost

- effective controls that could be installed to control emissions at CSAPR

affected units. The modeling was performed using these inputs, and the emissions computed by the model at each unit were summed for each state included in the rule to develop the statewide emission budget. These statewide budgets cannot be increased by states through a SIP.

After calculating the statewide budgets, EPA allocated the allowances to individual units in each state. Under the FIP, the statewide budgets for each trading program are divided into two different budget pools, the existing unit budget and the new unit set

- aside (NUSA). Existing units are defined as those in operation on or before January 1, 2010. The NUSA was established as a percent of the statewide budget, to cover emissions from units that commenced commercial operation after January 1, 2010. The allowances that remain in the statewide budget after the

### NUSA i s s ubtracted make up the e xisting uni t budg et. Once t hese t wo budget pool s w ere

established, E PA a llocated a llowances to indi vidual existing C SAPR -affected units ( units t ha t commenced operation prior t o January 1, 2010) us ing a m ethod that t ook into account bot h historical heat input and historical emissions a t each uni t.

These i ndividual e xisting uni t l evel a llocations e stablished through the F IP could not be changed b y s t ates t hrough a S IP f or t he 2015 control pe riods. However, for t he 2016 control period, states w ere a llowed to submit S IPs t o alter t he i ndividual uni t l evel a llocations unde r t he

FIP f rom the existing uni t budget. T he uni t level allocations in the N USA a ls o could not be changed by s tates t hrough a S IP f or t he 2016 control pe riods. For t he 2017 and beyond control periods, s tates w ere granted the a bility to s ubmit SIPs to a lter the indi vidual uni t level allocations

under t he FIP from bot h the e xisting uni t budg et a nd the N USA.

As pr ovided in CSAPR, the K ansas D epartment of H ealth and Environment ( KDHE)

notified EPA t hat t he S tate of K ansas i ntended to submit t o EPA a S IP r evision by A pril 2, 2012 that allocates, to uni ts tha t commenced c ommercial operation be fore J anuary 1, 2010, allowances

for 2013 in the T R NO

x 

### Annual T rading P rogram, the T R NO

x 

### Ozone Season T rading P rogram (if f inalized for K ansas)

, and the T R S O 2 

### Group 2 Trading P rogram unde r CSAPR.

KDHE ex ercised t he option i n C SAPR to r eallocate allocat ions f or t he 2016 c ontrol period which was s ubmitted to the E PA on Marc h 2015. The M arch 2015 State I mplementation Plan Revision to Modify 2016 Nitrogen Oxide (NO X 

### ) A llocations for K

ansas U tilities unde r t he

Cross

- State A ir P ollution R ule (CSAPR) redistri buted Kansas’ bud geted source a llocations i n 2016 identical t o the 2020 budgeted distribution of a llocations a ssigned by the E PA i n the

December

2, 2014 interim f

inal r ule, “Rulemaking T o Amend Dates i n the F ederal Implementation Plans A ddressing Interstat e Transport of O zone and F ine Particulate Matter.” (70 FR 71663)

For the 2017-2019 CSAPR control periods, KDHE developed K.A.R. 28-19-274 ( e ffective November 6, 2015) to redistribute Kansas’ TR NO

x 

### Annual Trading Program budgeted

allocation of N O

x 

### allowances. This ne w r egulation also reallocates t he 2,1 72 annual N O

x 

### tons
which would otherwise b e s urrendered by W estar Energy’s t hree uni ts a t J effrey E nergy C enter
and 596 NUSAs a llowances granted by t he E PA. Additionally, the ne w regulation provide s for

the a llocation of additional annual N O

x 

### Indian Country N USAs after t he EPA com pletes t heir

allocation pr ocess . The new r egulation is i ncluded in this S IP s ubmittal as ar e the allocation

tables incorporated by r eference w ith the r egulation f or ea ch r espective control pe riod (2017, 2018, and 2019).

# Appendix AThis page left intentionally blank

### STATE **OF KANSAS** 

**BEFORE THE**  **KANSAS DEPARTMENT**  **OF HEALTH**  **AND ENVIRONMENT** 

**In the**  **Matter of**  **the Proposed**  **Adoption of**  **Permanent Kansas**  **Administrative Regulation** 

**K.A.R. 28-19-274** 

**REPORT OF**  **THE HEARING**  **OFFICER**

**This matter**  **comes before**  **Julie Coleman,**  **hearing officer**  **appointed by**  **the Secretary**  **of**
**the Kansas**  **Department of**  **Health and**  **Environment (KDHE)**  **to receive**  **the comments**  **of the**  **public regarding**  **the adoption**  **of proposed**  **permanent administrative**  **regulations.**

**INTRODUCTION**

**Pursuant to**  **K.S.A. 2015**  **Supp. 77-421,**  **notice of**  **the public**  **comment period**  **and public**  **hearing was**  **published in**  **the** 

### Kansas **Register on**  **July 30,**  **2015. A**  **copy of**  **the public**  **notice is** 
**included in**  **this report**  **as Attachment**  **1. The**  **public hearing**  **was conducted**  **at 10:00**  **a.m. on**  **Wednesday, October 7,**  **2015 in**  **the Flint**  **Hills Conference**  **Room of the**  **Curtis State**  **Office Building,**  **1000 SW**  **Jackson, Topeka.**  **This regulation**  **is promulgated**  **under the**  **authority of** 

**K.S.A. 2015**  **Supp. 65-3005.**  **The purpose**  **of this**  **regulation is**  **to redistribute**  **nitrogen oxide** 

**allowances in**  **Kansas for**  **the 2017** 

**- 2019**  **control period**  **under the**  **Transport Rule**  **of the**  **federal**

**Cross State**  **Air Pollution**  **Rule.**

**A list**  **of those**  **persons present**  **at the**  **public hearing,**  **as recorded**  **on the**  **sign-in sheet,**  **is**
**included in**  **this report**  **as Attachment**  **2.**

**SUMMARY OF**  **THE RECORD** 
**Public Comment**  **Received**

**During the**  **public comment**  **period preceding**  **the hearing,**  **which began**  **with publication** 

**of the**  **notice of**  **hearing in**  **the** 

### Kansas **Register, KDHE**  **received one**  **written comment**  **letter from**  **Raney Gilliland,**  **Director, Kansas**  **Legislative Research**  **Department, dated**  **August 19,**  **2015 on**  **behalf of**  **the Joint**  **Committee on**  **Administrative Rules**  **and Regulations;**  **and one**  **electronic mail** 

**comment from**  **Lachala Kemp,**  **United States**  **Environmental Protection**  **Agency, dated**  **October 5,** 
**2015.**

**No person**  **from the**  **public attended**  **the hearing**  **or submitted**  **written comments.** 

**After the**  **hearing, no**  **public comment**  **was received**  **during the**  **remainder of the**  **comment period,**  **which concluded at**  **5:00 p.m.**  **on the day of the**  **hearing.**

**Copies of**  **all public**  **comment received**  **are included**  **in this**  **report as**  **Attachment 3.** 

### POST-HEARING **ACTIVITIES**

**Following the**  **close of**  **the public**  **comment period,**  **all comments**  **received were**  **fully**
**considered and**  **where appropriate,**  **additional changes**  **in were**  **made. The**  **agency's response**  **to the**  **public comments,**  **including any**  **additional regulation**  **changes proposed**  **in response**  **to the** 

**comments, is**  **detailed in**  **the agency's**  **responsiveness summary that**  **lists all**  **comment that**  **KDHE received during the public**  **comment period.**  **The agency**  **determined that**  **post hearing changes in** 

**the regulation**  **were needed to**  **address comment**  **received during the**  **public comment**  **period. The responsiveness**  **summary is**  **included in**  **this report**  **as Attachment**  **4.**

**RECOMMENDATIONS**

**On the**  **basis of**  **the administrative**  **record developed**  **in this**  **matter, the**  **hearing officer** 
**finds and**  **concludes that**  **KDHE has**  **met the**  **public participation**  **requirements for**  **adopting the**  **proposed, new**  **regulation.**

**FINDINGS OF**  **FACT**

**I. K.S.A.**  **2015 Supp.**  **65-3005 authorizes**  **the Secretary**  **of the**  **Kansas Department**  **of Health** 
**and Environment**  **to adopt**  **and amend**  **administrative rules**  **and regulations**  **related to**  **air quality.** 

**2. Pursuant**  **to this**  **authority, the**  **Secretary promulgated**  **the Nitrogen**  **Oxides Allocation**  **regulation at**  **issue, made**  **a statement**  **of the**  **environmental benefit**  **and economic**  **impact**

**of the**  **proposed regulation**  **and published**  **notice of**  **the public**  **comment period**  **and hearing**  **in the**  

### Kansas **Register on**  **July 30,**  **2015.**

**3. The**  **public comment**  **period that**  **was established**  **for receiving**  **comments on**  **the adoption** 

**of the**  **proposed regulation**  **was concluded**  **on October**  **7, 2015**  **and the**  **public hearing**  **was held**  **on October**  **7, 2015.** 

**4. Comments**  **related to**  **the adoption**  **of the**  **proposed regulation**  **were received**  **and all** 

**comments have**  **been fully**  **considered. Changes**  **in the**  **proposed regulations**  **were needed** 

**to address**  **these comments**  **and are**  **detailed in**  **the agency's**  **responsiveness summary.** 

**CONCLUSIONS**

**The hearing**  **officer concludes**  **that the**  **Secretary of**  **the Kansas**  **Department of**  **Health and** 
**Environment has**  **the authority**  **to promulgate**  **the proposed**  **regulation under**  **K.S.A. 2015**  **Supp.**
**65-3005 and**  **has met**  **the requirements**  **established under**  **K.S.A. 2015**  **Supp. 77-415**  

### et **seq. for**  **adopting regulations and**  **filing regulations**  **with the**  **Kansas Secretary**  **of State.** 

**Dated this**  **23rd day**  **of October,**  **2015.**

**Ms. Julie**  **Coleman [Printed**  **Name] Hearing**  **Officer**

## Responsiveness Summary

Public Hearing for the K.A.R. 28

- 19

- 274 to Modify 2017, 2018, and 2019 Nitrogen Oxide (NO X )
Allocations for Kansas Utilities under the Cross

- State Air Pollution Rule (CSAPR)

Notice of public hearing for proposed regulation K.A.R. 28

- 19

- 274 with required sixty

- day comment period was published in the Kansas Register on July 30, 2015. (Vol. 34, No. 31, July 30, 2015, 833). The
announcement was also posted on the KDHE website ( http://www.kdheks.gov/bar/regs/28

- 19

- 274

- RIS

2017

- 2019

- Allocations.pdf )

.

The Environmental Protection Agency (EPA) provided the only comments on the proposed regulation (see Appendix C. EPA’s comments and KDHE’s response s are as follows:

EPA comment: The draft SIP revision includes new definitions for terms that address the same concepts

as terms already defined in the CSAPR regulations. The CSAPR regulations at 40 C.F.R. §52.38(a)(4) do not allow a state's SIP to make any substantive changes to any CSAPR

definition. If KDHE wants to include definitions in its SIP revision, the definitions should

mirror the CSAPR definitions in 40 C.F.R. § 97.402.

KDHE’s response:

KDHE concurs with EPA. The definitions text now incorporates these definitions reference: “(a)( l ) For purposes of this regulation, the terms "allocate," "allocation," "TR NOx annual
allowance," "TR NOx annual trading program," and "TR NOx annual unit" shall have the
meanings specified in 40 C.F.R. 97.402, as in effect on October 7, 2011. These definitions are hereby adopted by reference.”

EPA comment:

EPA recommends simply referencing the CSAPR definitions in 40 C.F

. R

. § 97.402.

EPA understands that the intent of the draft SIP revision along with the document titled "TR

NOx Annual Allowance Allocations for 2017, 2018, and 2019", dated July 17, 2015, is to replace

sections 40 C.F.R. § 97.411(a) and (b)(l) and 97.412(a) of CSAPR , as provided under 40 C.F.R.

§ 52.38(a)(4), in order for the State to allocate TR NOx Annual allowances for the control
periods of 2017, 2018, and 2019. EPA understands that since KDHE intends to allocate the TR

NOx Annual allowances that were set aside for any new units located in the State to the
existing units listed in the department's July 17, 2015, document, the State will not have a new

unit set aside account for the years control periods of 2017, 2018, and 2019. Without a new

unit set aside, it is necessary for KDHE to provide a method by which EPA can allocate any
unallocated TR NOx Annual allowances that may remain in the Indian country new unit set

aside for Kansas after EPA completes the procedures under 40 C.F.R. § 97.412(b)(9) and (12) for
a control period 1

.

The allocating of TR NOx Annual allowances set aside for new units located in Indian country

1 Under the CSAPR FIP, EPA would place any unallocated TR NOx Annual allowances that had been s et aside for new units
located in Indian country into the new unit set

- aside. Any new unit set

- aside allowances left unallo cated would eventually be

distributed to the existing units within that State.is administered by EPA through the CSAPR FIP, and although EPA understands that it is

KDHE's intent through this SIP revision to simply provide a methodology to EPA for
redistributing any number of remaining TR NOx Annual allowances, once EPA has completed

the procedures under 40 C.F.R. § 97.412(b)(9) and (12), the proposed State approach provides an allocation of the specific number of 31 TR NOx Annual allowances rather than a methodology that EPA can follow in the event that the number of the remaining allowances

is less than 31.

EPA is providing the following example of a possible allocation methodology in order to clarify KDHE's intent regarding allocation of allowances remaining in the Indian country new

unit set

- aside after EPA completes the procedures under 97.412(b)(9) and (12) for a
control period. For example:

"If, after completion by EPA of the procedures under 40 C.F.R. 97.412(b)(9) and (12)

for a control period in 2017, 2018, or 2019, any unallocated TR NOx Annual

allowances remain in the Indian Country new unit set aside for Kansas for such control
period, EPA shall allocate those allowances as follows:

If the number of unallocated allowances remaining i n the Indian country new unit

set

- aside is 31 tons, EPA will allocate the unallocated TR NOx Annual allowances to

the units identified in the department's document titled "Indian Country TR NOx

Annual Allowance Allocations for 2017, 2018, and 2019", which is hereby adopted by
reference, and will be submitted to EPA in a format prescribed by EPA. If the number of unallocated allowances remaining in the Indian country new unit set aside is less
than 31 tons, then the department will determine the allocations of the unallocated allowances as follows. The department will list all units in the department's document
titled "Indian Country TR NOx Annual Allowance Allocations for 2017, 2018, and 2019" in descending order of the number of allowances shown in that doc ument as allocated to each unit for the control period in that year, with units whose allocations as shown in

that document are the same listed in ascending order of "ReceiveAcct" and "Unitld" as
shown in that document. The department will then revise downward by one allowance

the allocation for each unit on the list sequentially, starting with the first unit on the
list, until the total of the revised allocations equals the total number of allowances
remaining in the Indian country new unit set

- aside. The Department will submit to EPA

a document with the revised allocations, in a format prescribed by EPA, indicating the resulting allocations of unallocated allowances from the Indian country new unit set

aside.

KDHE’s response:

KDHE concurs with EPA. KDHE staff revised the regulation in a manner that addresses EPA’s request for a methodology should the Indian country NUSAs deviate from the anticipated 31 annual allowances. The regulation text was modified to the following:

(d) Each TR NOx annual un it shall receive TR NOx annual allowance allocations and,

except as provided in subsection (e), Indian country new unit set

- aside allowance

allocations for 2017, 2018, and 2019 according to the department's document titled "TR

NOx annual allowance allocations for 2017, 2018, and 2019," dated July 17, 2015, which
is hereby adopted by reference.(e) If the total number of available Indian country new unit set

- aside allowances for

2017, 2018, or 2019 is less than 31, the allocations shall be determined under this

subsection instead of subsection (d), according to the following: (1) The TR NOx annual units listed in the department's document titled "TR NOx

annual allowance allocations for 201 7, 2018, and 2019" shall be ordered in descending order of the amounts of their Indian country new unit set

- aside allowance

allocations as shown in that document, with units whose allocations are the same
ordered in ascending order of "ReceiveAcct" and "Unitid" as shown in that

document. (2) The TR NOx annual units shall forfeit one allowance sequentially, starting with the first listed unit, until the total number of the revised allocations equals the total number of available Indian

country new unit set

- aside allowances.

Public Hearing for the 2015 State Implementation Plan Revision to Modify 2017, 2018, and 2019 Nitrogen Oxide (NO X ) Allocations for Kansas Utilities under the Cross

- State Air Pollution Rule (CSAPR)

Notice of public hearing with required thirty

- day comment period was published in the Kansas Register on August 20, 2015. (Vol. 34, No. 34, August 20, 2015, 953). The announcement was also posted on the KDHE website ( http://www.kdheks.gov/bar/planning/K DHE

- CSAPR

- 2017

- 2019

- Allocations.pdf ) and the
six KDHE District Offices. No request for hearing was received by September 25, 2015 so the scheduled hearing was cancelled and announced on the KDHE website (same URL). No comments , other than
EPA’s, we re received on the SIP revision. KDHE was able to incorporate these suggestions into K.A.R. 28

- 19

- 274, as demonstrated in the text above, to accommodate EPA’s request.

# Appendix BThis page left intentionally blank

# Appendix CThis page left intentionally blank

# Appendix DThis page left intentionally blank

### Department of Health and Environment

Notice of Public Hearing

The Kansas Department of Health and Environment (KDHE), Division of Environm ent,
Bureau of Air , will conduct a public hearing , if requested, on Wednesday, October 7 , 201 5 , in

the Flint Hills C onference Room, third floor, of the Curtis State Office Build ing, 1000 S.W. Jackson, Topeka, to consider the State Implementation Plan (SIP) revision for the Cross

- State Air Pollution Rule (CSAPR).

Any member of the public may request a public hearing or submit comments regarding this public action. If requested, t his hearing will be held directly after the hearing for the new proposed air quality regulation K.A.R. 28

- 19

- 274 which is scheduled for 10 a.m ., October 7,

2015

. If no request for a hearing is received by September 25, 2015, the tentatively scheduled hearing will be cancelled with an announcement on the KDHE Bureau of Air website at http://www.kdheks.gov/bar/planning/pnplannin g.html . Inquiries may be made to 785

- 296

- 8142

or zgraves@kdheks.gov

. A summary of the SIP revision and the es timated economic impact

follows.

Summary of the SIP revision :

KDHE is revising this SIP in order to assume allocation authority for the Kansas existing

unit source allocations, new unit set

- aside allocations, and Indian c ounty new unit set

- aside

allocations in the Transport Rule (TR) Nitrogen Oxides ( NO

x ) 

### Annual Trading Program for the

2017

- 2019 control periods under the U.S. Environmental Protection Agency’s (EPA) CSAPR.

The SIP revision adjust s individual unit level allocations which will replace the all ocations from the existing budget established by the CSAPR Federal Implementation Plan (FIP) for the 2017

- 2019 control periods. Economic Impact:

Cost to agency: There are no costs to KDHE to implement this proposed SIP revision

. This revision was developed for the sole purpose to ensure industries within the state do not lose

valuable NO

x 

### annual allow ance allocations.

Costs to the regulated community and consumers: There will be no additional cost burdens placed on either the regulated community or consumers due to the enactment of this SIP

revision . The regulated community stands to gain NO

x 

### annua l allowance allocations which can be traded on an open marketplace. If this SIP revision is not approved , those allocations will not be allotted to the regulated community and, consequently, the value would be lost.

Cost to other governmental agencies o r units: There are no costs to other governmental agencies or units by implementing this proposed SIP revision

.

The time period between the publication of this notice and the tentative hearing satisfies

the 3 0

- day public comment period for the purpose of receiving public c omments on the proposed

SIP revision

. All interested parties may submit written comments prior to 5 p

. m

. on the day of the hearing to Zac Graves

, Kansas Department of Health and Environment, Bureau of Ai r , 1000

### S

. W

. Jackson, Suite 31 0, Topeka, 66612, by e

- mail to zgraves @kdheks.gov, or by fax to (785)

296

- 7455

. During the hearing, all int erested parties will be given a reasonable opportunity to present their views orally on the proposed SIP revision as well as an opportunity to submi t their

written comments. In order to give each individual an opportunity to present their views, it may be necessary for the hearing officer to request that each presenter limit an oral presentation to an appropriate time frame.

Copies of the propo sed SIP revision may be obtained from the KDHE Bureau of Air at http://www.kdheks.gov/bar/planning/pnplanning.html or by contacting Zac Graves by e

- mail at zgraves@kdheks.gov

, (785) 296

- 8142 or fax (785) 296

- 74 55. C opies may also be viewed at the following locations:

 Department of Air Quality, Unified Government of Wyandotte County

- Kansas City, Kansas Health Department, 619 Ann Ave

. , Kansas City, K ansas

 Johnson County Environmental Department, 11811 S. Sunse t, Suite 2700, Olathe

 Curtis State Office Building, 1000 S

. W

. Jackson St., Suite . 310, Topeka

 KDHE Northeas t District Office, 800 W. 24th St., Lawrence

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

 KDHE North Central District Office, 2501 Market P lace

, Suite D, Salina

 KDHE South Central District Office, 130 S. Market, S uite 6050, Wichita

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

 KDHE Southwest District Office, 302 W. McArtor Rd., Dodge City

 Wichita

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

Questions pertain ing to the proposed SIP revision should be directed to Zac Graves by e

- mail to zgraves@kdheks.gov, (785) 296

- 8142 or fax (785) 296

- 7455

.

Any individual wit h a disability may request accommodation in order to participate in the public hearing and may request the proposed SIP revision in an accessible format. Requests for accommodation to participate in the hearing should be made at least five working days in

advance of the he aring by contacting Zac Graves

. Susan Mosier, M

. D

. S ecretary of Health and Environment

# Kansas Air Quality

Revision to the State Implementation Plan

To Modify 2017, 2018, and 2019 Nitrogen Oxide (NO X 

# ) Allocations for Kansas Utilities under the

Cross

- State Air Pollution Rule (CSAPR)

Our Vision

- Healthy Kansans living in safe and sustainable environments

.



# Department of Health and Environment

Division of Environment

Bureau of Air (785) 296

- 6024



# December 2015

### Purpose

The purpose of the State Implementation Plan (SIP) revision described in this document

is for the Kansas Department of Health and Environment (KDHE) to assume allocation authority for the Kansas existing unit budget in the Transport Rule (TR) Nitrogen Oxides ( NO x) 

### Annual Trading Program for the 2017 -2019 control periods under the U.S. Environmental Protection Agency’s (EPA) Cross -State Air Pollution Rule (CSAPR). KDHE is revising this SIP in order to assume allocation authority for the Kansas existing unit source allocations, new unit set-aside allocations, and Indian county new unit set-aside allocations in the Transport Rule (TR) Nitrogen Oxides (NO x) 

### Annual Trading Program for the 2017-2019 control periods under the U.S. Environmental Protection Agency’s (EPA ) CSAPR. The SIP revision adjusts individual unit level allocations which will replace the allocations from the existing budget established by the CSAPR Federal Implementation Plan (FIP) for the 2017-2019 control periods.

Background

In December 2011, prior to the implementation of CSAPR, the D.C. Circuit Court stayed the implementation of CSAPR pending the outcome of litigation that had been filed against the EPA. August 2012, the D.C. Circuit Court issued a decision vacating CSAPR and directed EPA to continue to implement CAIR until they could implement a new replacement rule that

addresses the C ourt’s concerns. EPA appealed the D.C. Circuit Court’s decision to the U.S. Supreme Court and in April 2014, the U.S. Supreme Court reversed the D.C. Circuit C ourt’s

decision that vacated the CSAPR. EPA filed a motion to the D.C. Circuit Court in June 2014 to lift the stay of the CSAPR and delay all compliance dates in the rule by three (3) years, which would require that phase I of CSAPR would begin in January 2015. In October 2014, the D.C. Circuit court granted EPA’s motion to lift the stay of the CSAPR, and on December 3, 2014 the EPA promulgated an interim final rule (79 FR 71663) that extends the compliance dates of the CSAPR by three (3) years and clarifies that the rule which went into effect in 2015.

The CSAPR established four (4) separate federal emission trading programs for states

located in the eastern half of the country. For the purpose of this SIP, on ly the TR NO

x 

### Annual Trading Program will be addressed. States that were found to be significantly contributing to a

1997 and/or 2006 PM 2.5 

### NAAQS nonattainment area or interfere with maintenance of these

PM 2.5 

### NAAQS in a downwind state are included in one of the TR SO 2 

### Trading Programs, along

with the TR Annual NO

x 

### Trading Program.

EPA implemented CSAPR through a FIP beginning January 1, 2015 (79 FR 71663). Through the CSAPR, every state included in the rule has a statewide emission budget for each trading program in which it is included. These statewide budgets consist of a certain amount of allowances that are distributed to the CSAPR-affected units in that state. Each allowance permits

a unit to emit one ton of the respective air pollutant for which the allowance is granted. Allowances may be used to cover emissions from a particular unit, they may be banked for use in a future year, or they can be traded or sold to other affected units included in the respective trading program.

### EPA’s method of setting statewide e mission budgets through the CSAPR include d the

use of the future year modeling. EPA took into account all known or plann ed controls that would be operational on all a ffected units include d in the C SAPR b y J anuary 1, 2012. EPA also took

into account all cost-effective c ontrols that co uld be inst alled to control emissions a t CSAPRaffected units. The model ing wa s performed using these input s, and the emissions computed by

the model at eac h unit we re sum med f or each state include d in the r ule to develop the state wide emission budget. These state wide bud gets cannot be increased by state s through a S IP.

After c alculating the statewide bud gets, EPA allocated the allowances to individual units in each state. Under the FIP, the statewide bud gets f or e ach trading pro gram a re divi ded into two different budget pools, the existing unit budg et and the new unit set-a side (NUSA). Existing

units are de fine d as those in operation on or be fore J anuary 1, 2010. The N USA was established as a percent of the statewide budget, to cove r emissions from units that commenced commercial operation after January 1, 2010. The a llowances that remain in the state wide budge t after the NUSA is subtracted make up the existing unit budg et. Once thes e two budget pools were established, EPA allocated allowances to individual existing C SAPR-affected units (units that commenced operation prior to January 1, 2010) usi ng a m ethod that took into account both historical heat input and historical emissions a t each unit.

These indi vidual existing unit leve l allocations establi shed through the F IP could not be changed by states through a S IP f or the 2015 control periods. However, for the 2016 control period, states were a llowed to submit S IPs to alter the individual unit level allocations under the

FIP f rom the existing unit budget. The unit lev el allocations in the N USA also could not be changed by state s through a S IP f or the 2016 control periods. For th e 2017 and beyond control periods, states were granted the a bility to submit S IPs to alter the indi vidual unit leve l allocations under the FIP from both the existing unit budg et and the NUSA.

As provided in CSAPR, the Ka nsas Department of He alth and Environment ( KDHE)

notified EPA that the S tate of Kansas intended to submit to EPA a S IP r evision by Apr il 2, 2012 that allocates, to units that commenced commercial operation before J anuary 1, 2010, allowances

for 2013 in the TR NO

x 

### Annual Trading P rogram, the TR NO

x 

### Ozone S eason Trading P rogram (if f inalized for Ka nsa s), and the TR S O 2 

### Group 2 Trading P rogram unde r CSAPR.

KDHE exercised the opti on in CS AP R to reallocate a llocations for the 2016 c ontrol period which

was submitted to the EPA March 2015. The March 2015 State I mplementation Plan Revision to Modify 2016 Nitrogen Ox ide (NO X 

### ) All ocations for Kansas Utilities under the Cross-State Air Pollution Rule (CSAPR) redistributed Kansas’ budgeted source a llocations in 2016 identical to the 2020 budgeted distribution of a llocations assigned by th e EPA in the December 2, 2014 interim final rule, “Rulemaking To A mend Dates

in the F edera l Implementation Plans Addressing Interstate Transport of Oz one a nd Fine Particulate Matter.” (70 FR 71663)

For the 2017-2019 CSAPR control periods, KDHE developed K.A.R. 28-19-274 [ date approved ] to redistribute Kansas’ TR NO

x 

### Annual Trading Program budgeted allocation of NO

x 

### allowances. This new regulation also reallocates the 2,172 annual NO

x 

### tons which would

otherwise be surrendered by Westar Energy’s three units at Jeffrey Energy Center and 596

### NUSAs allowances granted by the EPA. Additionally, the new regulation provides for the

allocation of an addition 31 annual NO

x 

### Indian Country NUSAs after the EPA completes their allocation process. The new regulation is included in this SIP submittal as are the allocation tables incorporated by reference with the regulation for each respective control period (2017, 2018, and 2019).

## Transport Rule (TR) NOx Annual Allowance Allocations

F or 2017, 2018, and 2019

### TR NO

x 

### Annual Allowance Allocations for 2017

STReserveAcct ReceiveAcct UnitId VintageYear Amount

KS0000000100 001251FACLTY GT1 2017 20

KS0000000100 001268FACLTY 14 2017 29

KS0000000100 001230FACLTY 1 2017 134

KS0000000100 008037FACLTY T1 2017 27

KS0000000100 001271FACLTY 4 2017 8

KS0000000100 007013FACLTY 4 2017 8

KS0000000100 056502FACLTY EEC1 2017 31

KS0000000100 056502FACLTY EEC2 2017 34

KS0000000100 056502FACLTY EEC3 2017 34

KS0000000100 056502FACLTY EEC4 2017 32

KS0000000100 056502FACLTY EEC5 2017 8

KS0000000100 056502FACLTY EEC6 2017 11

KS0000000100 056502FACLTY EEC7 2017 7

KS0000000100 001233FACLTY 4 2017 414

KS0000000100 001336FACLTY S

- 2 2017 67

KS0000000100 001336FACLTY S 4 2017 8

KS0000000100 001336FACLTY S5 2017 8

KS0000000100 001240FACLTY 1 2017 177

KS0000000100 001240FACLTY 2 2017 388

KS0000000100 001240FACLTY E1CT 2017 4

KS0000000100 001240FACLTY E2CT 2017 5

KS0000000100 001240FACLTY E3CT 2017 12KS0000000100 001235FAC LTY 3 2017 144

KS0000000100 000108FACLTY SGU1 2017 2430

KS0000000100 001248FACLTY 4 2017 186

KS0000000100 001248FACLTY GT1 2017 1

KS0000000100 001248FACLTY GT2 2017 1

KS0000000100 001248FACLTY GT3 2017 1

KS0000000100 001248FACLTY GT4 2017 1

KS0000000100 00 6068FACLTY 1 2017 3302

KS0000000100 006068FACLTY 2 2017 3196

KS0000000100 006068FACLTY 3 2017 3102

KS0000000100 001241FACLTY 1 2017 4440

KS0000000100 001241FACLTY 2 2017 4366

KS0000000100 001250FACLTY 3 2017 402

KS0000000100 001250FACLTY 4 2017 785

KS0000000100 001250FACLTY 5 2017 2319

KS0000000100 001305FACLTY GT1 2017 2

KS0000000100 001305FACLTY GT2 2017 2

KS0000000100 001305FACLTY GT3 2017 2

KS0000000100 007515FACLTY 1 2017 22

KS0000000100 001242FACLTY 1 2017 9

KS0000000100 001242FACLTY 2 2017 25

KS0000000100 001242FACLTY 3 2017 127

KS0000000100 001242FACLTY 4 2017 92

KS0000000100 006064FACLTY CT4 2017 34KS0000000100 006064FACLTY N1 2017 1620

KS0000000100 001243FACLTY 7 2017 8

KS0000000100 007928FACLTY 1 2017 2

KS0000000100 001295FACLTY 1 2017 515

KS0000000100 001295FACLTY 2 2017 658

KS0000000100 001295FACLTY GT2 2017 2

KS0000000100 001295FACLTY GT3 2017 2

KS0000000100 001239FACLTY 12 2017 33

KS0000000100 001239FACLTY 39 2017 218

KS0000000100 001239FACLTY 40 2017 368

KS0000000100 001252FACLTY 10 20 17 879

KS0000000100 001252FACLTY 9 2017 545

KS0000000100 007929FACLTY 1 2017 4

KS0000000100 007929FACLTY 2 2017 4

KS0000000100 007929FACLTY 3 2017 4

KS0000000100 007929FACLTY 4 2017 4



### TR NO

x 

### Annual Allowance Allocations for 2018

STReserveAcct ReceiveAcct UnitId VintageYear Amount

KS0000000100 001251FACLTY GT1 201 8 20

KS0000000100 001268FACLTY 14 201 8 29

KS0000000100 001230FACLTY 1 201 8 134

KS0000000100 008037FACLTY T1 201 8 27

KS0000000100 001271FACLTY 4 201 8 8KS0000000100 007013FACLTY 4 201 8 8

KS0000000100 056502FACLTY EEC1 201 8 31

KS0000000100 056502FACLTY EEC2 201 8 34

KS0000000100 056502FACLTY EEC3 201 8 34

KS0000000100 056502FACLTY EEC4 201 8 32

KS0000000100 056502FACLTY EEC5 201 8 8

KS0000000100 056502FACLTY EEC6 201 8 11

KS0000000100 056502FACLTY EEC7 201 8 7

KS0000000100 001233FACLTY 4 201 8 414

KS0000000100 001336FACLTY S

- 2 2018 67

KS0000000100 001336FACLTY S4 2018 8

KS0000000100 001336FACLTY S5 2018 8

KS0000000100 001240FACLTY 1 2018 177

KS0000000100 001240FACLTY 2 2018 388

KS00000001 00 001240FACLTY E1CT 2018 4

KS0000000100 001240FACLTY E2CT 2018 5

KS0000000100 001240FACLTY E3CT 2018 12

KS0000000100 001235FACLTY 3 2018 144

KS0000000100 000108FACLTY SGU1 2018 2430

KS0000000100 001248FACLTY 4 2018 186

KS0000000100 001248FACLTY GT1 2018 1

KS0000000100 001248FACLTY GT2 2018 1

KS0000000100 001248FACLTY GT3 2018 1

KS0000000100 001248FACLTY GT4 2018 1KS0000000100 006068FACLTY 1 2018 3302

KS0000000100 006068FACLTY 2 2018 3196

KS0000000100 006068FACLTY 3 2018 3102

KS0000000100 001241FACLTY 1 20 18 4440

KS0000000100 001241FACLTY 2 2018 4366

KS0000000100 001250FACLTY 3 2018 402

KS0000000100 001250FACLTY 4 2018 785

KS0000000100 001250FACLTY 5 2018 2319

KS0000000100 001305FACLTY GT1 2018 2

KS0000000100 001305FACLTY GT2 2018 2

KS0000000100 001305FACLT Y GT3 2018 2

KS0000000100 007515FACLTY 1 2018 22

KS0000000100 001242FACLTY 1 2018 9

KS0000000100 001242FACLTY 2 2018 25

KS0000000100 001242FACLTY 3 2018 127

KS0000000100 001242FACLTY 4 2018 92

KS0000000100 006064FACLTY CT4 2018 34

KS0000000100 006064FACLTY N1 2018 1620

KS0000000100 001243FACLTY 7 2018 8

KS0000000100 007928FACLTY 1 2018 2

KS0000000100 001295FACLTY 1 2018 515

KS0000000100 001295FACLTY 2 2018 658

KS0000000100 001295FACLTY GT2 2018 2

KS0000000100 001295FACLTY GT3 2018 2KS0000000100 001239FACLT Y 12 2018 33

KS0000000100 001239FACLTY 39 2018 218

KS0000000100 001239FACLTY 40 2018 368

KS0000000100 001252FACLTY 10 2018 879

KS0000000100 001252FACLTY 9 2018 545

KS0000000100 007929FACLTY 1 2018 4

KS0000000100 007929FACLTY 2 2018 4

KS0000000100 007929FAC LTY 3 2018 4

KS0000000100 007929FACLTY 4 2018 4



### TR NO

x 

### Annual Allowance Allocations for 2019

STReserveAcct ReceiveAcct UnitId VintageYear Amount

KS0000000100 001251FACLTY GT1 201 9 20

KS0000000100 001268FACLTY 14 201 9 29

KS0000000100 001230FACLTY 1 201 9 134

KS0000000100 008037FACLTY T1 201 9 27

KS0000000100 001271FACLTY 4 201 9 8

KS0000000100 007013FACLTY 4 201 9 8

KS0000000100 056502FACLTY EEC1 201 9 31

KS0000000100 056502FACLTY EEC2 201 9 34

KS0000000100 056502FACLTY EEC3 201 9 34

KS0000000100 056502FACLTY EE C4 201 9 32

KS0000000100 056502FACLTY EEC5 201 9 8

KS0000000100 056502FACLTY EEC6 201 9 11KS0000000100 056502FACLTY EEC7 201 9 7

KS0000000100 001233FACLTY 4 201 9 414

KS0000000100 001336FACLTY S

- 2 2019 67

KS0000000100 001336FACLTY S4 2019 8

KS0000000100 001336 FACLTY S5 2019 8

KS0000000100 001240FACLTY 1 2019 177

KS0000000100 001240FACLTY 2 2019 388

KS0000000100 001240FACLTY E1CT 2019 4

KS0000000100 001240FACLTY E2CT 2019 5

KS0000000100 001240FACLTY E3CT 2019 12

KS0000000100 001235FACLTY 3 2019 144

KS0000000100 000108FACLTY SGU1 2019 2430

KS0000000100 001248FACLTY 4 2019 186

KS0000000100 001248FACLTY GT1 2019 1

KS0000000100 001248FACLTY GT2 2019 1

KS0000000100 001248FACLTY GT3 2019 1

KS0000000100 001248FACLTY GT4 2019 1

KS0000000100 006068FACLTY 1 2019 3302

KS000 0000100 006068FACLTY 2 2019 3196

KS0000000100 006068FACLTY 3 2019 3102

KS0000000100 001241FACLTY 1 2019 4440

KS0000000100 001241FACLTY 2 2019 4366

KS0000000100 001250FACLTY 3 2019 402

KS0000000100 001250FACLTY 4 2019 785KS0000000100 001250FACLTY 5 2019 23 19

KS0000000100 001305FACLTY GT1 2019 2

KS0000000100 001305FACLTY GT2 2019 2

KS0000000100 001305FACLTY GT3 2019 2

KS0000000100 007515FACLTY 1 2019 22

KS0000000100 001242FACLTY 1 2019 9

KS0000000100 001242FACLTY 2 2019 25

KS0000000100 001242FACLTY 3 2019 127

KS0000000100 001242FACLTY 4 2019 92

KS0000000100 006064FACLTY CT4 2019 34

KS0000000100 006064FACLTY N1 2019 1620

KS0000000100 001243FACLTY 7 2019 8

KS0000000100 007928FACLTY 1 2019 2

KS0000000100 001295FACLTY 1 2019 515

KS0000000100 001295FACLTY 2 2019 658

KS0000000100 001295FACLTY GT2 2019 2

KS0000000100 001295FACLTY GT3 2019 2

KS0000000100 001239FACLTY 12 2019 33

KS0000000100 001239FACLTY 39 2019 218

KS0000000100 001239FACLTY 40 2019 368

KS0000000100 001252FACLTY 10 2019 879

KS0000000100 001252FACLTY 9 2019 545

KS0000000100 007929FACLTY 1 2019 4

KS0000000100 007929FACLTY 2 2019 4KS0000000100 007929FACLTY 3 2019 4

KS0000000100 007929FACLTY 4 2019 4



### Indian Country New Unit Set

- Aside Allowance Allocations for 2017

STReserveAcct ReceiveAcct UnitId VintageYear Amount

KS0000000100 001251FACLTY GT1 2017 0

KS0000000100 001268FACLTY 14 2017 0

K S0000000100 001230FACLTY 1 2017 0

KS0000000100 008037FACLTY T1 2017 0

KS0000000100 001271FACLTY 4 2017 1

KS0000000100 007013FACLTY 4 2017 1

KS0000000100 056502FAC LTY EEC1 2017 0

KS0000000100 056502FACLTY EEC2 2017 0

KS0000000100 056502FACLTY EEC3 2017 0

KS00 00000100 056502FACLTY EEC4 2017 0

KS00 00000100 056502FACLTY EEC5 2017 0

KS0000000100 056502FACLTY EEC6 2017 0

KS0000000100 056502FACLTY EEC7 2017 0

K S000000 0100 001233FACLTY 4 2017 1

KS0000000100 001336FACLTY S

- 2 2017 0

KS0000000100 001336FACLTY S4 2017 0

KS0000000100 001336FACLTY S5 2017 0

K S0000000100 001240FACLTY 1 2017 0

K S0000000100 001240FACLTY 2 2017 0KS0000000100 001240FACLTY E1CT 2017 0

KS0000000100 001240FACLTY E2CT 2017 0

KS0000000 100 001240FACLTY E3CT 2017 0

K S0000000100 001235FACLTY 3 2017 0

KS0000000100 000108FACLTY SGU1 2017 3

K S0000000100 001248FACLTY 4 2017 0

KS0000000100 001248FACLTY GT1 2017 0

KS0000000100 001248FACLTY GT2 2017 0

KS0000000100 001248FACLTY GT3 2017 0

KS0000000100 001248FACLTY GT4 2017 0

KS0000000100 006068FACLTY 1 2017 0

KS0000000100 006068FACLTY 2 2017 0

KS0000000100 006068FACLTY 3 2017 0

KS0000000100 001241FACLTY 1 2017 5

KS0000000100 00 1241FACLTY 2 2017 6

KS0000000100 001250FACLTY 3 2017 1

KS0000000100 001250FACLTY 4 2017 1

K S0000000100 001250FACLTY 5 2017 3

KS0 000000100 001305FACLTY GT1 2017 0

KS0000000100 001305FACLTY GT2 2017 0

KS0000000100 001305FACLTY GT3 2017 0

K S0000000100 007515FACLTY 1 2017 0

KS0000000100 001242FACLTY 1 2017 0

KS0000000100 001242FACLTY 2 2017 0K S0000000100 001242FACLTY 3 2017 1

KS0000000100 001242FACLTY 4 2017 0

KS0000000100 006064FACLTY CT4 2017 0

KS 0000000100 006064FACLTY N1 2017 3

KS0000000100 001243FACLTY 7 2017 0

KS0000000100 007928FACLTY 1 2017 0

KS0000000100 001295FACLTY 1 2017 1

KS0000000100 001295FACLTY 2 2017 1

KS0000000100 001295FACLTY GT2 2017 0

KS0 000000100 001295FACLTY GT3 2017 0

KS 0000000100 001239FACLTY 12 2017 0

KS 0000000100 001239FACLTY 39 2017 0

KS0000000100 001239FACL TY 40 2017 1

KS 0000000100 001252FACLTY 10 2017 1

K S0000000100 001252FACLTY 9 2017 1

KS0000000100 007929FACLTY 1 2017 0

KS0000000100 007929FACLTY 2 2017 0

KS0000000100 007929FACLTY 3 2017 0

KS0000000100 007929FACLTY 4 2017 0



### Indian Country New Unit Set

- Aside Allowance Allocations for 2018

STReserveAcct ReceiveAcct UnitId VintageYear Amount

KS0000000100 001251FACLTY GT1 201 8 0

KS0000000100 001268FACLTY 14 201 8 0K S0000000100 001230FACLTY 1 20 18 0

KS0000000100 008037FACLTY T1 201 8 0

KS0000000100 001271FACLTY 4 201 8 1

KS0000000100 007013FACLTY 4 201 8 1

KS0000000100 056502FACLTY EEC1 201 8 0

KS0000000100 056502FACLTY EEC2 201 8 0

KS0000000100 056502FACLTY EEC3 201 8 0

KS00 00000100 056502FACLTY EE C4 2018 0

KS00 00000100 056502FACLTY EEC5 2018 0

KS0000000100 056502FACLTY EEC6 201 8 0

KS0000000100 056502FACLTY EEC7 201 8 0

K S0000000100 001233FACLTY 4 2018 1

KS0000000100 001336FACLTY S

- 2 2018 0

KS0000000100 001336FACLTY S4 201 8 0

KS0000000100 001336FACLTY S5 201 8 0

K S0000000100 001240FACLTY 1 2018 0

K S0000000100 001240FACLTY 2 2018 0

KS0000000100 001240FACLTY E1CT 201 8 0

KS0000000100 001240FACLTY E2CT 201 8 0

KS0000000 100 001240FACLTY E3CT 2018 0

K S0000000100 001235FACLTY 3 2018 0

KS0000000100 000108FACLTY SGU1 201 8 3

K S0000000100 001248FACLTY 4 2018 0

KS0000000100 001248FACLTY GT1 201 8 0KS0000000100 001248FACLTY GT2 201 8 0

KS0000000100 001248FACLTY GT3 201 8 0

KS0000000100 001248FACLTY GT4 201 8 0

KS0000000100 006068FACLTY 1 201 8 0

KS00 00000100 006068FACLTY 2 201 8 0

KS0000000100 006068FACLTY 3 201 8 0

KS0000000100 001241FACLTY 1 201 8 5

KS0000000100 001241FACLTY 2 201 8 6

KS0000000100 001250FACLTY 3 201 8 1

KS0000000100 001250FACLTY 4 201 8 1

K S0000000100 001250FACLTY 5 2018 3

KS0 000000100 001305FACLTY GT1 2018 0

KS0000000100 001305FACLTY GT2 201 8 0

KS0000000100 001305FACLTY GT3 201 8 0

K S0000000100 007515FACLTY 1 2018 0

KS0000000100 001242FACLTY 1 201 8 0

KS0000000100 001242FACLTY 2 201 8 0

K S0000000100 0 01242FACLTY 3 2018 1

KS0000000100 001242FACLTY 4 201 8 0

KS0000000100 006064FACLTY CT4 2018 0

KS 0000000100 006064FACLTY N1 2018 3

KS0000000100 001243FACLTY 7 201 8 0

KS0000000100 007928FACLTY 1 201 8 0

KS0000000100 001295FACLTY 1 201 8 1KS0000000100 0 01295FACLTY 2 201 8 1

KS0000000100 001295FACLTY GT2 201 8 0

KS0 000000100 001295FACLTY GT3 2018 0

KS 0000000100 001239FACLTY 12 2018 0

KS 0000000100 001239FACLTY 39 2018 0

KS0000000100 001239FACL TY 40 2018 1

KS 0000000100 001252FACLTY 10 2018 1

K S0000000100 001252FACLTY 9 2018 1

KS0000000100 007929FACLTY 1 201 8 0

KS0000000100 007929FACLTY 2 201 8 0

KS0000000100 007929FACLTY 3 201 8 0

KS0000000100 007929FACLTY 4 201 8 0



### Indian Country New Unit Set

- Aside Allowance Allocations for 2019

STReserveAcct R eceiveAcct UnitId VintageYear Amount

KS0000000100 001251FACLTY GT1 201 9 0

KS0000000100 001268FACLTY 14 201 9 0

K S0000000100 001230FACLTY 1 2019 0

KS0000000100 008037FACLTY T1 2019 0

KS0000000100 001271FACLTY 4 2019 1

KS0000000100 007013FACLTY 4 2019 1

KS00 00000100 056502FACLTY EEC1 2019 0

KS0000000100 056502FACLTY EEC2 2019 0

KS0000000100 056502FACLTY EEC3 2019 0KS00 00000100 056502FACLTY EEC4 2019 0

KS00 00000100 056502FACLTY EEC5 2019 0

KS0000000100 056502FACLTY EEC6 2019 0

KS0000000100 056502FACLTY EEC7 2019 0

K S0000000100 001233FACLTY 4 2019 1

KS0000000100 001336FACLTY S

- 2 2019 0

KS0000000100 001336FACLTY S4 2019 0

KS0000000100 001336FACLTY S5 2019 0

K S0000000100 001240FACLTY 1 2019 0

K S0000000100 001240FACLTY 2 2019 0

KS0000000100 001240FACLTY E1C T 2019 0

KS0000000100 001240FACLTY E2CT 2019 0

KS0000000 100 001240FACLTY E3CT 2019 0

K S0000000100 001235FACLTY 3 2019 0

KS0000000100 000108FACLTY SGU1 2019 3

K S0000000100 001248FACLTY 4 2019 0

KS0000000100 001248FACLTY GT1 2019 0

KS0000000100 001248FACLTY GT2 2019 0

KS0000000100 001248FACLTY GT3 2019 0

KS0000000100 001248FACLTY GT4 2019 0

KS0000000100 006068FACLTY 1 2019 0

KS0000000100 006068FACLTY 2 2019 0

KS0000000100 006068FACLTY 3 2019 0

KS0000000100 001241FACLTY 1 2019 5KS0000000100 001241FACLTY 2 2019 6

KS0000000100 001250FACLTY 3 2019 1

KS0000000100 001250FACLTY 4 2019 1

K S0000000100 001250FACLTY 5 2019 3

KS0 000000100 001305FACLTY GT1 2019 0

KS0000000100 001305FACLTY GT2 2019 0

KS0000000100 001305FACLTY GT3 2019 0

K S0000000100 007515FACLTY 1 2019 0

KS0000000100 001242FACLTY 1 2019 0

KS0000000100 001242FACLTY 2 2019 0

K S0000000100 001242FACLTY 3 2019 1

KS0000000100 001242FACLTY 4 2019 0

KS0000000100 006064FACLTY CT4 2019 0

KS 0000000100 006064FACLTY N 1 2019 3

KS0000000100 001243FACLTY 7 2019 0

KS0000000100 007928FACLTY 1 2019 0

KS0000000100 001295FACLTY 1 2019 1

KS0000000100 001295FACLTY 2 2019 1

KS0000000100 001295FACLTY GT2 2019 0

KS0 000000100 001295FACLTY GT3 2019 0

KS 0000000100 001239FACLTY 12 2019 0

KS 0000000100 001239FACLTY 39 2019 0

KS0000000100 001239FACL TY 40 2019 1

KS 0000000100 001252FACLTY 10 2019 1K S0000000100 001252FACLTY 9 2019 1

KS0000000100 007929FACLTY 1 2019 0

KS0000000100 007929FACLTY 2 2019 0

KS0000000100 007929FACLTY 3 2019 0

KS0000000100 007929FACLTY 4 2019 0

# Appendix EThis page left intentionally blank

### PUBLIC HEARING CANCELLED

– NO REQUESTS

Kansas Department of Health and Environment

Notice of Public Hearing

The Kansas Department of Health and Environment (KDHE), Division of Environm ent,
Bureau of Air , will conduct a public hearing , if requested, on Wednesday, October 7 , 201 5 , in

the Flint Hills Conference Room, third floor, of the Curtis State Office Build ing, 1000 S.W. Jackson, Topeka, to consider the S tate Implementation Plan (SIP) R evision to Modify 2017, 2018, and 2019 Nitrogen Oxide (NO x 

### ) Allocations for Kansas Utilities under the Cros s

- State Air Pollution Rule (CSAPR). Any member of the public may request a public hearing or submit comments regarding this public action. If requested, t his hearing will be held directly after the hearing for the new proposed air quality regulation K .A.R. 28

- 19

- 274 which is scheduled for 10 a.m ., October 7,

2015

. If no request for a hearing is received by September 25, 2015, the tentatively scheduled hearing will be cancelled with an announcement on the KDHE Bureau of Air website at http://www.kdheks.gov/bar/planning/pnplanning.html . Inquiries may be made to 785

- 296

- 8142

or zgraves@kdheks.gov

. A summary of the SIP revision and the es timated e conomic impact

follows.

Summary of the SIP revision : KDHE is revising this SIP in order to assume allocation authority for the Kansas existing

unit source allocations, new unit set

- aside allocations, and Indian c ounty new unit set

- aside

allocations in the Transport Rule (TR) Nitrogen Oxides ( NO

x ) 

### Annual Trading Program for the

2017

- 2019 control periods under the U.S. Environmental Protection Agency’s (EPA) CSAPR.

The SIP revision adjust s individual unit level allocations which will replace the all ocations from the existing budget established by the CSAPR Federal Implementation Plan (FIP) for the 2017

- 2019 control periods. Economic Impact: Cost to agency: There are no costs to KDHE to implement this proposed SIP revision

. This revision was developed for t he sole purpose to ensure industries within the state do not lose

valuable NO

x 

### annual allowance allocations. Costs to the regulated community and consumers: There will be no additional cost burdens placed on either the regulated community or consumers du e to the enactment of this SIP

revision . The regulated community stands to gain NO

x 

### annual allowance allocations which can be traded on an open marketplace. If this SIP revision is not approved , those allocations will not be allotted to the regulated com munity and, consequently, the value would be lost. Cost to other governmental agencies or units: There are no costs to other governmental agencies or units by implementing this proposed SIP revision

. The time period between the publication of this notic e and the tentative hearing satisfies

the 3 0

- day public comment period for the purpose of receiving public c omments on the proposed

SIP revision

. All interested parties may submit written comments prior to 5 p

. m

. on the day of the hearing to Zac Graves

, Kansas Department of Health and Environment, Bureau of Ai r , 1000

S

. W

. Jackson, Suite 310, Topeka, 66612, by e

- mail to zgraves @kdheks.gov, or by fax to (785)

296

- 7455

. During the hearing, all int erested parties will be given a reasonable opportunity to

pre sent their views orally on the proposed SIP revision as well as an opportunity to submit their

written comments. In order to give each individual an opportunity to present their views, it may

### be necessary for the hearing officer to request that each prese nter limit an oral presentation to an appropriate time frame. Copies of the proposed SIP revision may be obtained from the KDHE Bureau of Air at http://www.kdheks.gov/bar/planning/pnplanning.html or by contacting Zac Graves by e

- mail at zgraves@kdheks.go v
, (785) 296

- 8142 or fax (785) 296

- 7455. C opies may also be viewed at the following locations:

• Department of Air Quality, Unified Government of Wyandotte County

- Kansas City, Kansas Health Department, 619 Ann Ave

. , Kansas City, K ansas

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

• Curtis State Office Building, 1000 S

. W

. Jackson St., Suite . 310, Topeka

• KDHE Northeas t District Office, 800 W. 24th St., Lawrence

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

• KDHE North Central District Office, 2501 Market Place

, Suite D, Salina

• KDHE South Central District Office, 130 S. Market, S uite 6050, Wichita

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

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

• Wichita

- Sedgwick County Dept. of Community Health, 1900 E. 9th St., Wichita Questions pertain ing to the proposed SIP revision should be directed to Zac Graves by e

- mail to zgraves@kdheks.gov, (785) 296

- 8142 or fax (785) 296

- 7455

. Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed SIP revision in an accessible format. Requests for

accommoda tion to participate in the hearing should be made at least five working days in

advance of the he aring by contacting Zac Graves

. Susan Mosier, M

. D

. S ecretary of Health and Environment

# Appendix FThis page left intentionally blank

### 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 65-3020 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 partic ulate matter, vapor, gas, odorous substances, or any combination thereof, but not including water vapor or

steam condensate. (b) "Air contamination" means the presen ce in the outdoor atmosphere of one or

more air contaminants. (c) "Air pollution" means the presence in the outdoor atmosphere of one or more air contaminants in such qua ntities and duration as is, ortends significantly to be, injurious to human health or welfare, an imal or plant life, or property, or would unreasonably interfere with the enjoyment of lif e or property, or would contribute to the formation of regional haze. (d) "Alter" means any physical change i n, or change in the method of operation of, an air contaminant emi ssion stationary source which increases the amount of 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 atmospheric h aze 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, stru cture, machine, equipment, device or installation (or group of bu ildings, structures, machines, equipment, devices or installations), whether temporary or perman ent, located on one or more contiguous or adjacent properties and under common contro l of the same person (or persons under common control). Such term shall not include lo comotives, diesel trucks or truck tractors unless otherwise required by the federal clean air act, as amended in November 1990. (h) "Modify" or "modification," when used in conjunction with an approval or permit action, means an amendment to an ex isting approval or permit 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 includes 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 federal government, trust, estate or any other legal entity. (k) "Regional haze" means visibility impairment, measured in deciviews, occurring over a large geographic area cause d by the cumulative emissions of gaseous and particulate air contaminan ts from numerous sources.

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### 1 Last Revised: March 15, 2011

### (l) "Reopen" means to seek an amendm ent to an existing approval or permit initiated by any person other than the permittee. (m) "Secretary" means the secretar y of health and environment. (n) "Stationary source" means any buildi ng, structure, 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 secretary of

health and environment. The se cretary shall administ er this act through the division of

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

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

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

with this act. (2) Hold hearings relating to any aspect of or matter in the administration of this act concerning air quality control, and in c onnection therewith, compel the attendance of witnesses and the produc tion of evidence. (3) Issue such orders, perm its and approvals as may be necessary to effectuate the purposes of this act and enforce the same by all appropriate administrative and judicial proceedings. (4) Require access to record s relating to emissions which cause or contribute to air pollution. (5) Prepare and develop a comprehens ive plan or plans for the prevention, abatement and control of air pollution originat ing in Kansas that affects air quality in

Kansas or in othe r states or both. (6) Adopt rules and regulations governi ng such public notification and comment procedures as authorized by this act. (7) Encourage voluntary cooperation by pers ons or affected groups to achieve the purposes of this act. (8)(A) Encourage local un its 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) en ter into agreements with local units of government to administer all or part of the pr ovisions of the Kansas air quality act in the units' respective jurisdictions. (9) Encourage and conduct studies, inves tigations and resear ch relating to air contamination and air polluti on and their causes, effects, prevention, abatement and

control. (10) Encourage air contaminant emi ssion sources to vol untarily implement strategies, including the development and us e of innovative technol ogies, market-based principles and other private initiati ves to reduce or prevent pollution. (11) Determine by means of field st udies and sampling the degree of air contamination and air pollution in the st ate and the several parts thereof.

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### 2 Last Revised: March 15, 2011

### (12) Establish ambient air quality standards for the state as a whole or for any part thereof. (13) Collect and disseminate informa tion and conduct educational and training programs relating to air contam ination and air pollution. (14) Advise, consult and cooperate with other agencies of the state, local governments, industries, other states, intersta te 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, including th e federal government, for the pu rpose of carrying out any of

the functions of this act. Such funds receive d by the secretary purs uant to this section shall be deposited in the stat e treasury to the account of the department of health and

environment. (16) Enter into contracts and agreem ents with other state agencies or subdivisions, local governments, other states, interstate agen cies, the federal government or its agencies or private entities as is n ecessary to accomplish the purposes of the Kansas air quality act. (17) Conduct or participat e in intrastate or intersta te emissions trading programs or other programs that demonstrate equivale nt air quality benef its for the prevention, abatement and control of air pollution in Kansas or in other states 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 shall be no more stringent than is requ ired by 42 U.S.C. 7491. (19) Participate in the ac tivities 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 visibi lity 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 federal government. (1) The secretary shall have the authority to promulgate rule s 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 mo re 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 by the federal clean air act. If the secretary determines that more stringent, restrictive or expansive rules and regulations are necessary, the secretary may implement th e rules and regulations only after approval by an act of the legislature. The restrictions 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 Unit ed States environmental protection agency approved state implementation plan. (2) For any application for a permit require d by federal or state law, the secretary shall not deny or delay the issu ance of such permit when the re quirements of this act have

been met. History: L. 1967, ch. 347, § 5; L. 1970, ch. 261, § 5; L. 1974, ch. 352, § 137; L. 1993, ch. 13, § 3; L. 2006, ch. 84, § 2; L. 2009, ch. 141, § 23; May 28.

65-3006. Same; publication and enforcement of regulations; employment of personnel; services. The secretary shall:

KDHE, Bureau of Air 

### 3 Last Revised: March 15, 2011

### (a) Publish and enforce the rules, regulations and standards promulgated hereunder. The secretary shall furnish a copy of such rule s, regulations or standards adopted hereunder to any citizen upon request. (b) Employ such professional, technical and other staff, and provide such technical, scientific and other services as may be required, including laboratory facilities, for the purpose of effectuating the provision s 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; classifi cation; monitoring; reporting. (a) The secretary, by rule and regulation, shall cl assify air contaminant sources which, in the secretary's judgment, may cause or contribut e to air pollution, acco rding to levels and types of emissions and other characteristics which relate to air pollution and may require reporting for any such class or classes. The classifications promulgated by the secretary shall be made to apply to the state as a whol e or to any designated area of the state, and shall be made with special reference to effects on health, economic and social factors, and physical effects on property. (b) The secretary shall require air c ontaminant emission sources to monitor emissions, operating parameters, ambient imp act of any source emissions or any other parameters deemed necessary by the secretar y. The secretary may require air contaminant emission sources to keep records and make re ports 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 th e secretary require reporting shall make reports containing information as may be required by the secretary concerning location, size and height of contaminant ou tlets, processes employed, fuels used and the nature and time periods or duration of emi ssions, 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 and 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 ru les and regulations, the secretary finds may

cause or contribute to air pollution, unless an appropriate approva l 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 consiste nt with the purposes of this act and rules and regulations promulgated under this act. (b) The secretary shall require that a pplications for approvals and permits, and renewals thereof, under this ac t shall be accompanied by appli cation 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 sh all 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 privile ge 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

KDHE, Bureau of Air 

### 4 Last Revised: March 15, 2011

### application form and any required fee are fi led with the secretar y on or before the expiration date of the approval or the pe rmit. For purposes of this subsection, the secretary may specify by rule and regulati on an amount of time pr ior to the expiration date of an operating permit by which a comp lete 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 secretary may issue by rule and regulation a general approval or permit covering numerous similar sources. Any genera l approval or permit shall comply with all requirements applicable to approvals or pe rmits under this act. Any source covered by a general approval 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 co llect fees for approvals and permits, and the renewal thereof, to cover all or any part of the cost of administ ering the provisions of Kansas air quality act, other than K.S.A. 65-3027. The secretary shall adopt rules and regulations fixing such fees. The fees shall be deposited in the stat e treasury and credited to the state general fund, except that if all or any portion of the regulatory services for

which a fee is collected under this secti on is performed by a c ounty, city-county or multicounty health department, that portion of su ch fee which pertains to such services, as determined by the secretary, shall be credite d to the local air quality control authority regulation services fund, which is hereby created in the state treasur y, 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; March 25.

65-3008a. Same; public comment and hearing; review. (a) No permit shall be issued, modified, renewed or reopened wit hout first providing the public an opportunity to comment and request a public hearing on the proposed permit action. The request for a public hearing on the is suance of a permit shall set forth the basis for the request and a public hearing shall be held if, in the judgment of the secretary, there is sufficient reason. (b) The secretary shall affi rm, modify or reverse the decision on such permit after the public comment period or public hearing, a nd shall affirm the issuance of any permit the terms and conditions of which comply with all requirements established by rules and regulations promulgated pursuant to the Kansas air quality act. Any person who participated in the public comment process or the public hearing who otherwise would have standing under K.S.A. 77-611, and amendm ents thereto, shall have standing to obtain judicial review of the secretary's fi nal action on the permit pursuant to the act for judicial review and civil enforcement of agency actions in the court of appeals. Any such person other than the applicant for or holder of the permit shall not be required to have

exhausted administrative remedies in order to be entitled to review. The court of appeals shall have original jurisdicti on to review any such final ag ency action. The record before the court of appeals shall be c onfined to the agency record for judicial review and consist of the documentation submitted to or developed by the secretary in making the final permit decision, including the permit appli cation and any addenda or amendments thereto, the permit summary, the draft permit, all written comments properly submitted to the secretary, all testimony presented at any public hearing held on the permit application, all responses by the applicant or permit holder to any written comments or testimony, the secretary's response to the public comments and testimony and the final permit.

KDHE, Bureau of Air 

### 5 Last Revised: March 15, 2011

### (c) When determined appropriate by th e secretary, the procedures set out in subsection (a) may be required prior to the issuance, modification, renewal or reopening of an approval. History: L. 1993, ch. 13, § 6; L. 2006, ch. 79, § 1; L. 2009, ch. 141, § 24; May 28.

65-3008b. Same; suspension, revocation, denial, modification, issuance. (a) The secretary may suspend or revoke an approva l or a permit if the permittee has violated any provision of the approval or the permit, a ny provision of this act or any rule and regulation adopted under this act and applicable to the permitted source. (b) As applicable to the source for which the approval or permit is sought, the secretary may deny an approval or permit, or a renewal thereof, if the applicant fails to: (1) Submit a complete application; or (2) submit an application fee. (c) The secretary may deny a permit for any proposed new stationary source if the owner or operator of such a source fails to demonstrate to the satisfaction of the secretary that any other sta tionary source owned or operate d by such person, or by any entity controlling, controlled by or under common c ontrol with such pe rson, in this state is in compliance, or meeting a schedule fo r compliance, with all applicable emission

limitations and standards under this act and the federal clean air act, and amendments

thereto. (d) The secretary may modify or reopen an approval or a permit for cause. The secretary shall reopen a permit whenever requi rements under this act become applicable to a permitted source and three or more years remain on the original term of the permit. Any permit revision incorporating a require ment adopted by the secretary shall be effective as soon as practicable , but not later than 18 months after the promul gation of the requirement by the United States e nvironmental protection agency. (e) Within 15 days after the issuance of a notice of intent to take any action authorized by subsection (a), (b), (c) or (d), or within 15 days after the secretary's written decision to affirm, modify or reverse a permit decision pursuant to subsection (b) of K.S.A. 65-3008a, the permittee may file a request for a hearing with the secretary. Each such notice of intent shall spec ify the provision of this act or rule and regulation allegedly violated, the facts constituting the alleged violation and the secr etary's intended action. Each notice of intent or written decision to affirm, modify or reverse a permit decision shall state the permittee's right to request a hearing. Such hearing shall be conducted in

accordance with the Kansas admi nistrative procedure act. (f) The filing of a request by the permittee for an a pproval or permit modification, revocation or amendment, or the filing by the permittee of a notification of planned changes or anticipated noncomplian ce, does not stay any approval or permit

condition. (g) No permit shall be issued, modifie d, amended, revised or renewed unless the United States environmental protection agency has certified that such permit complies with the requirements of the federal clean ai r act, except that a perm it may be issued if the United States environmental protection ag ency has not notified the secretary of the United States environmental protection agency's decision within 45 days after receipt of the proposed permit by such agency. (h) The secretary shall issue or de ny the permit (including requests for modification or to reopen the permit): (1) Within three years of the date the United States environmental protection agency approves the state permitting program pursuant to the provisions of the federal

KDHE, Bureau of Air 

### 6 Last Revised: March 15, 2011

### clean air act, as amended in November 1990, for permit applications submitted within the first full year after such date; (2) pursuant to the time schedule provi ded by title IV (acid rain) of the 1990 amendments to the federal clean air act, for air contaminant emissi on sources subject to that title; or (3) within 18 months afte r receiving a complete applica tion, in all other cases. (i) Failure of the secretar y to issue or deny the permit, or grant or deny a request to modify or reopen the permit, within the peri od stated in subsection (h) shall not result in the default issuance of a permit, permit amendment, permit modification or permit renewal nor shall such failure result in any ot her entity assuming jurisdiction to act on the permit or the request. History: L. 1993, ch. 13, § 7; March 25.

65-3009. Inspections. The secretary may designate competent representatives who may enter and inspect any property, prem ise or place at any reasonable time for the purpose of investigating either an actual 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 acce ss to any authorized representative of the secretary who requests entry for purposes of inspection, and who presents appropriate credentials; nor shall an y person obstruct, hamper or inte rfere 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 requireme nts for open burning (i ncluding appropriate prohibition thereof). Such requirements may be either for such areas as a whole or may vary from area to area, as may be appropr iate to facilitate accomplishment of the purposes of this act and in order to take n ecessary 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 comp liance with the rules and regulations set forth for that area by the secretary. (c) Variations from the requirements of subsection (b) of this section may be included in a local air qualit y conservation program only af ter approval by the secretary, following demonstration to the satisfactio n of the secretary that the proposed requirements are not less stringent than the standards and requireme nts 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 preceded 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 he aring, withdraw any approval previously given to a local requirement pursuant to this subsection. (d) The secretary shall establish reasona ble ambient air quality standards for the state as a whole, or any part thereof, and shall require the emission control requirements of any local program to be c onsistent with such standard s in addition to meeting any other requirements pursu ant to this section. History: L. 1967, ch. 347, § 10; L. 1970, ch. 261, § 10; L. 1974, ch. 352, § 142; July 1.

KDHE, Bureau of Air 

### 7 Last Revised: March 15, 2011

### 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 ma y issue an order finding such person in

violation of the act and directin g the person to take such acti on as necessary to correct the violation. Any order issued shall specify th e 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 hearing within 15 days after se rvice of the order. Hearings before the secretary shall be

conducted in accordance with the Kans as 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 emi ssions from an air pollution source or combination of air pollution sources pres ents: (1) An imminent and substantial endangerment to public health or welfare or to the environment; or (2) for an imminent or actual violation of this act, any rules and re gulations 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 operator, or both, to take such steps as necessary to prevent the act or eliminate the practice. (b) Upon issuance of the temporary order, the se cretary may commence an action in the district court to enjoin acts or practi ces specified in subsect ion (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 sp ecified in subsection (a). An action for injunction under this subsection shall have pr ecedence over other cases in respect to order

of trial. (d) The owner or operator, or both, aggrieved by an or der 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 have precedence over othe r 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, structur e, process or equipment may apply to the secretary for a variance from rules and regulations gove rning the quality, nature, dura tion or extent of emissions. The application shall be accompanied by such information and data as the secretary may reasonably require. The secretary may grant su ch variance if the secretary finds that: (1) The emissions occurring or propos ed to occur do not endanger or tend significantly to endanger huma n health or safety; and (2) Compliance with the rules and regulations from which variance is sought would produce serious hardships without equa l or greater benefits to the public.

KDHE, Bureau of Air 

### 8 Last Revised: March 15, 2011

### (b) No variance shall be granted pursuant to this section except after public hearing on due notice and until th e secretary has considered th e relative interests of the applicant, other owners of property likely to be affected by th e 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 unde r conditions consistent with the reasons therefor, and within the following limitations: (1) If the variance is granted on the ground that there is no practicable means known or available for the adequate preventi on, 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 gr ound that compliance with the particular requirement or requirements from which variance is sought will necessitate the taking of measures which, because of their extent or cost, 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 the taking of the neces sary 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 the ground that it is justified to relieve or prevent hardship of a kind other than that provided fo r in subsections (c)(1) a nd (2), it shall be for not more than one year. (d) Any variance granted pursuant to this section may be renewed on terms and conditions and for periods which would be appr opriate on initial granti ng 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 th e complaint on due notice, the secretary finds that renewal is justified. No renewal sh all be granted except on application therefor. Any such application shall be made at least 60 days prio r to the expiration of the variance. Immediately upon receip t of an application for rene wal the secretary shall give public notice of such application in accordance with rules and regulations of the

secretary. (e) A variance or renewal sh all 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 rene wal thereof, the applicant or holder of a variance or renewal may file a request for a h earing with the secretar y. Such hearing shall

be conducted in accordance with the Kansas ad ministrative procedure act. However, any person who participated in the public comm ent 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 s ecretary pursuant to this section shall have standing to obtain judici al review of the secretary's fina l action on the variance or renewal in the court of appeals. Any such person othe r than the applicant for or holder of the permit shall not be required to have exhauste d 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 judicial review and consist of the documentation submitted to or developed by the secretary in making the fina l variance or renewal decision, including the variance or renewal application and any addenda or amendments thereto, the variance or renewal summary, the draft variance or renewa l, all written comments properly submitted

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### 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 written comments or testim ony, the secretary's response to the public comments and testimony and the final variance or renewal. (f) Nothing in this section and no vari ance or renewal granted pursuant hereto shall be construed to prevent or limit the application of the em ergency 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, repo rts or information obtained pursuant to this act shall be available to the public. (b) Upon a showing satisfactory to the secretary by any person that records, reports or information, or a par ticular 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 trad e secrets of such person under the uniform trade secrets act (K.S.A. 60-3320 et seq. and amendments ther eto), the secretary sh all consider such record, report or information, or particular portion thereof, confidential, except that: (1) Such record, report or informa tion may be disclosed to officers, employees or authorized representatives of the United States government concerned with carrying out responsibilities under the fede ral clean air act and amendmen ts thereto; and (2) this subsection shall not apply to any provision in any air quality approva l 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.

65-3016. Local air quality conservation programs. Any city, county, city and county, or any combination of two (2) or more cities, counties or cities and counties are authorized to conduct tests and surveys to dete rmine the degree of purity of the air within its jurisdiction, and may reque st consultation, technical as sistance and cooperation from the secretary in conducting such tests and survey s. If such tests and surveys indicate that unsatisfactory air quality exists , is likely to exist or is likely to occur, the governing body of said city or county shall ha ve the authority, upon approval of the secretary, to establish a local air quality c onservation authority: 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 secretary 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) th e likely ability of the loca l air quality conservation authority, as proposed, to maintain satisfactor y air quality in its jurisdiction; and (3)

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### whether or not the jurisdicti on of the proposed local air qu ality conservation 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 esta blish such additional rules, regulations and standards as necessary to ma intain satisfactory air quality within their jurisdiction: Provided, That any rule, regula tion or standard esta blished by a local air quality conservation authority pertaining to h ealth hazard shall be in compliance with the rules and regulations set forth fo r that area by the secretary: Provided further, That until the secretary shall adopt rules, regulations and standards respecti ng any area within the jurisdiction of a local air qua lity conservation authority, the rules, regulations and

standards of such local author ity respecting said area or ar eas shall have full force and effect without approval th ereof by the secretary. Upon the establishment of a local air quality conservation authority, such authority and the secretary shall have concu rrent jurisdiction over the local area with power and authority to maintain adequate air quality in accordance with the rules, regulations and standards a dopted by the secretary. When two (2) or more cities, two (2) or more counties or a c ity and a county, or any combination thereof, are affected by a common air mass of unsatisfactory quality and the respective local air quality control authoritie s, if such exist, are for any reason unable to agree upon a solution or settlement to su ch air quality problem, the secretary shall, after review and investigation, render decisions and make findi ngs in settlement thereof. History: L. 1967, ch. 347, § 16; L. 1970, ch. 261, § 16; L. 1974, ch. 352, § 148; July 1.

65-3017. Motor vehicle pollution. (a) As the state of knowledge and technology relating to the control of emissions from moto r vehicles may permit or make appropriate, and in furtherance of the purposes of this act, the secretary may provide by rules and regulations for the control of emissions from motor vehicles. Such rules and regulations may prescribe requirements for the installati on and use of equipment designed to reduce or eliminate emissions and for the proper main tenance of such equipment and of vehicles. Any rules or regulations pursuant to this sec tion shall be consistent with provisions of 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 th e initial sale of a vehicle or vehicular equipment, the inspec tion, certification or other approval of any feature or equipment designed for the control of emissions from motor vehicles, if such feature or equipment has been certified, appr oved or otherwise au thorized pursuant to

federal law. (b) As used in this section "motor vehi cle" shall have the same meaning as in

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

65-3018. Administrative fines. (a) The secretary or the director of the division of environment, upon a finding that a person has violated any provi sion 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 viol ation for which it is

assessed. In the case of a conti nuing violation, every day such violation continues shall be deemed a separate violation. (b) No penalty shall be imposed pursuan t to this section except after notice of violation and opportunity for hearing upon the written order of the secretary or the

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### director of the division of environment issued to the person who comm itted the violation.

The order shall state the violat ion, the penalty to be imposed and the right to request a hearing thereon. The request for hearing shall be in writing, directed to the secretary and filed with the secretary within 15 days afte r 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 otherwise impair the right of any person to damages or other relief on account of injury to persons or property and to maintain any action or othe r appropriate proceeding therefor. History: L. 1967, ch. 347, § 18; L. 1970, ch. 261, § 18; L. 1974, ch. 352, § 150; L. 1993, ch. 13, § 14;

March 25.

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

to: (a) Grant the secretary any jurisdicti on or authority with respect to air contamination existing solely within commercia l and industrial plants, works and shops. (b) Affect the relations betw een employers and employees. (c) Supersede or limit the applicability of any law or ordinance relating to industrial health, safe ty 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 uncons titutional, 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 secretar y of health and environment. (c) "Person" means any individual, company, corporation, institution, municipality, township, county, st ate agency or federal agency. History: L. 1978, ch. 352, § 1; July 1.

65-3022. Same; determining and monitoring of power genera tion 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 facilities, the overall radiological impact thereo f, 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. Su ch fees shall be determined and collected annually, and such determination shall be base d upon the size and type of such facilities. In establishing programs fo r determining and monitoring environmental impact, the secretary shall take into consideration monitoring progr ams conducted by other persons and where possible avoid duplication of effo rt and expense. The secretary may also provide for quality review and evaluation of monitoring conducted by other persons in order to further the objectives of this act and to determine the extent and necessity of

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### monitoring programs to be c onducted 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 provisions of K.S.A. 75-4215, and amendments thereto. Upon r eceipt 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 expenditures from such fund shall be made in accordance with appropr iation 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 th e direct and indirect costs of administering the provisions of the Kansas air quality ac t. The secretary sh all adopt rules and regulations fixing such fees and shall period ically increase or decrease such fees

consistent with the need to cover the dir ect 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 by the secretary. For purposes of determining emission fees for a f acility, 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) There 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 unde r the provisions of this act, including administrative expenses, civil penalties and moneys paid under any agreement, stipulation or settlement; and (3) interest attributable to i nvestment of moneys in the fund. (c) Moneys deposited in the fund shall be expended only for the purpose of administering the Kansas air quality act, including funding of a technical and environmental compliance assistance program , and for no other governmental purposes. (d) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the air quality f ee fund interest earnings based

on: (1) The average daily bala nce of moneys in the ai r quality fee fund for the preceding month; and (2) the net earnings rate of the pooled money inve stment portfolio for the preceding month. (e) All expenditures from the fund shall be made in accordance with appropriation acts upon warrants of the director of accounts a nd 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; May 23.

65-3025. Unlawful acts. It shall be unlawful for any person to do any of the following:

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### (a) Violate any provision of an order issued under this act. (b) Violate any provision of an approva l or permit issued under this act. (c) Violate any provision of this act or any rule and regula tion promulgated under this act, unless the secretary makes a determ ination relating to the permittee that the specified provisions referred to in such determ ination 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 regulati on promulgated under this act if the permit includes the applicable requirements of such provisions. 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 s ection; (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 pr ogram 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 ability 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 pe rmit allowing such cons truction, modification, alteration, use or operation. (e) At any time, refuse or hinder entr y, 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 iden tifies and gives notice of the agent's or employee's purpose. (f) Fail to pay any fee required by this act or rules and regulations promulgated

under this act. (g) Knowingly make any false material statement, 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 promulgate d 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. (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 violati on, every day such violation continues shall be deemed a separate violation. (d) The county or district attorney of every county shal l file appropriate actions

for enforcement of this secti on 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 st ationary source technical and environmental

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### compliance assistance program, to be administered by the secretary. The program shall include each of the following: (1) Adequate mechanisms for deve loping, collecting and coordinating information concerning compliance met hods and technologies for small business stationary sources and programs to encour age lawful cooperation among such sources and other persons to further compliance with this act. (2) Adequate mechanisms for assisting small business stationary sources with pollution prevention and accidental release de tection and prevention, including providing information concerning alternative technologi es, 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 serv e as ombudsman for small business stationary

sources in connection with im plementation of this act. (4) A compliance assistance program for small business stationary sources 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 regul ation or standard a dopted under this act. (6) Adequate mechanisms for informi ng small business stat ionary sources of their obligations under this act, including mechanisms for referring such sources to qualified auditors or for providi ng audits of the operations of such sources to determine compliance with this act. (7) Procedures for consid eration 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 milestone s for implementing such work practice or method of compliance preceding any app licable compliance date, based on the technological and financial cap ability of any such small bus iness stationary source. No such modification may be granted unless it is in compliance with the applicable requirement of this act and rules an d regulations promul gated 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 fe wer individuals; (2) is a small business 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; and (5) emits less than 75 tons per year of all regulated air contaminants. (c) Upon petition by a source, the secr etary, after notice and opportunity for public comment, may include as a small busine ss stationary source for purposes of this section any stationary source wh ich does not meet the criteria of subsection (b)(3), (4) or (5) but which does not emit more than 100 tons pe r 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 States environmental protection agency determines to have sufficient technical and financial capabilities to meet the requirement s of the federal clean air act without the application of this program, as provided by section 507(c)(3)(A) of the 1990 amendments

to the federal clean air act.

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### (e) The secretary, in consultation with the administrator of the United States environmental protection agency and the ad ministrator of the United States small business administration and after providing noti ce and the opportunity for public hearing, may exclude from the small business sta tionary source definition any category or subcategory of sources that the secretary de termines to have sufficient technical and financial capabilities to meet the requirements of the act wit hout the application of this

section. (f) There is hereby created a complian ce advisory panel composed of seven individuals. The compliance advisory panel shall: (1) Render advisory opinions concerning the effectiveness of the small business stationary source technical and environmental compliance assistance program, difficulties encountered and degree and se verity of enforcement; (2) make periodic reports to the administra tor of the United States environmental protection agency concerning compliance of the small business stationary source technical and environmental compliance assist ance program with the requirements of the federal paperwork reduction act, the regulator y flexibility act and the equal access to justice act; (3) review information for 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 th e secretariat for the development and dissemination of such reports and advisory opinions. (g) The compliance advisory panel shall consist of: (1) Two members who are not owners, or representatives of owners, of small business stationary sources, appointed by th e governor to represen t the general public; (2) two members who are owners, or w ho represent owners, of small business stationary sources, one appointed by the speaker and one appointed by the minority

leader of the Kansas hous e of representatives; (3) two members who are owners, or w ho represent owners, of small business stationary sources, one appointed by the pr esident 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 environment. (h) Members of the compliance advisory panel serving on the effective date of this act by appointment by the governor, the spea ker 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 th e senate or the secretary of health and environment shall serve for terms ending J une 30, 1997. Upon expiration of such terms, the term of each member appointed to a vacan cy created by expiration of a term shall be two years commencing on July 1 immediately following expira tion 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 a nnually by the members of the compliance advisory panel. A vice-chairperson shall be de signated by the chairperson to serve in the absence of the chairperson.

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### (j) The secretary may reduce any fee require d by this act for a ny classification of

small business sources to take into account th e 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 deterioration permit (PSD) to sunflower electric power corporation to be issued consistent with the settlement agreemen t executed May 4, 2009, by sunflower electric power corporation and the governor of the state of Kansas to resolve all claims or causes of action, or both, pending before various courts and administ rative agencies consistent with article V of the settlement agreement. (b) This section shall be part of and s upplemental to the Kans as air quality act. History: L. 2009, ch. 141, § 42; May 28.

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

Please note that this copy of the Kansas Air 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 Kans as Statutes. In some cases there 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.

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