# Kansas Air Quality Revision to the State Implementation Plan

____________________________________________________


# 20 10 Sulfur Dioxide (SO 2 

# ) Primary National Ambient Air Quality Standards

Infrastructure SIP

Our Vision

– Healthy Kansans living in safe and sustainable environments



# Department of Health and Environment

Division of Environment

Bureau of Air (785) 296

- 6024



# June 2013

## Table of Contents

Section Contents

Certification

Letter Evidence That Plan Revision Has Been Adopted

, Effective Date of Adopted Plan

Revision

, and Procedural Requirements Documents

Secretary Moser’s Letter to EPA

· Declaration of Adoption (certified i n Secretary’s letter to EPA) · Public Hearing Statement (certified in Secretary’s letter to EPA) · Responsiveness Summary (certified in Secretary’s letter to EPA)

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

–

Crit eria for Determining the Completeness of Plan Submittals, Section 2.0)

Administrative Materials Technical Support

B Authorizing Statutes

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

C Plan Revision

Kansas Air Quality State Implement ation Plan Revision for the Implementation, Maintenance, and Enforcement of the 2010 Sulfur Dioxide (SO 2 ) National Ambient Air Quality Standard

D Public Notice Documents

KDHE Website Notice of Hearing Cancellation
Kansas Register

– May 23, 2013 Newspaper Affidavits of Publication

No tice of Publi c Hearing Letter

E Technical Support: Kansas Infrastructure SIP

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

# Section A

## Description of Materials Required for Plan Submittal

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

– Criteria



## Administrative Materials

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

Appendix V

Section Appendix V Requirement Documentation Provided in

Submittal Submittal

Section

2.1(a) Formal letter of submittal Letter of submittal /certification Certification

Letter

2.1(b) Evidence that the plan has been

adopted and the effective date Secreta ry’s letter of submittal /certi

fi cation to EPA dated July 9 , 2013 Certification

Letter

2.1(c) Legal authority to adopt and

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

2.1(d) Copy of actual regulation or

document, inc luding indication of the changes made Kansas Air Quality State Implementation Plan Revision for the Implementation, Maintenance, and

Enforcement of the 2010 Sulfur Dioxide (SO 2 ) National Ambient Air Quality Standard C

2.1(e) Evidence that the State has

fo llowed all procedural requirements Public Hearing Statement Response to Comments (noted in certification letter) Certification

Letter

2.1(f) Evidence that public notice was

provided Kansas Register

– May 23, 2013 Newspaper Affidavits of Publication D

2.1 (g) Certification that public hearing

was held as per information in public notice Public Hearing Statement (N.A.) Hearing Cancellation noted in

certification letter Certification

Letter

2.1(h) Compilation of public comments

and responses thereto No Comm ents Received (noted in certification letter) Certification

Letter

## Description of Materials Required for Plan Submittal

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

– Criteria



## Technic al Support

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

Appendix V

Section Appendix V Requirement Documentation Provided in

Submittal Submittal

Section

2.2(a) Identification of all relevant

pollutants affected by the plan Refer to response E

2.2(b) Iden tification of the location of

affected sources under the plan Refer to response E

2.2(c) Quantification of the changes in

the plan’s allowable emissions Refer to response E

2.2(d) Demonstration that the ambient air

quality will not deteriorate, etc. Refe r to response E

2.2(e) Modeling information Refer to response E

2.2(f) Evidence that emissions limits are

continuous emission reduction technology

- based Refer to response E

2.2(g) Evidence that the plan contains

emissions limits, etc. Refer to response E

2.2(h) Compliance/enforcement

provisions Refer to response E

2.2(i) Special economic or technological

justifications as needed or explanation of why justification

not needed Refer to response E

# Section BState 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.

KDHE, Bureau of Air 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.

KDHE, Bureau of Air 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, 2011application 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, 2011clean 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, 201165-3011. 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

KDHE, Bureau of Air 9 Last Revised: March 15, 2011to 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)

KDHE, Bureau of Air 10 Last Revised: March 15, 2011whether 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

KDHE, Bureau of Air 11 Last Revised: March 15, 2011director 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

KDHE, Bureau of Air 12 Last Revised: March 15, 2011monitoring 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:

KDHE, Bureau of Air 13 Last Revised: March 15, 2011(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

KDHE, Bureau of Air 14 Last Revised: March 15, 2011compliance 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.

KDHE, Bureau of Air 15 Last Revised: March 15, 2011(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.

KDHE, Bureau of Air 16 Last Revised: March 15, 2011(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.

KDHE, Bureau of Air 17 Last Revised: March 15, 2011

# Section C

## Kansas Air Quality State Implementation Plan Revision for the

Implementation, Maintenance, and Enforcement

of the

20 10 Sulfur Dioxide Primary National Ambient Air Quality

Standard s (NAAQS)



# June 201 3

Department of Health and Environment

Divi sion of Environment

Bureau of Air (785) 296

- 6024(This page intentionally left blank.)

### Contents

I. Introduction and Background

................................ ................................ ..................... 4

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

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

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

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

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

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

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

...................... 9

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

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

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

........................... 11

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

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

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

................................ ............................... 13

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

........... 13

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

PSD, and visibility protection

................................ ................................ ................... 13

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

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

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

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

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

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

XV. APPENDICES

................................ ................................ ................................ ............. 174

I. Introduction and Background

On June 2, 2010 , the U.S. Environmental Protection Agency (EPA) promulgated a revision to the Primary National Ambient Air Quality Standard (NAAQS) for sulfur dioxide (SO 2 ) , and on June 22, 2010 , published

the final rule in the Federal Register

. [ 75 FR 35520 ] This revision establishes a new 1

- hour SO 2 standard at the level of 75 parts per billion (ppb). The form for the standard is the 3

- year average of the 99 th percentile of the annual distribution of daily maximum 1

- hour average concentrations. This revision revokes the existing 24

- hour and annual primary SO 2 standards.

EPA anticipated initially designating ar eas based on 2008

- 2010 monitoring data or refined dispersion modeling conducted by states, as time and resources allowed. Areas that violated the standard would be designated as “nonattainment.” Areas with both monitoring data and refined modeling result s showing no violations would be designated as “attainment.” All other areas would be designated as “unclassifiable.” Based on this criteria set by EPA, the State of Kansas submitted its recommendation for each of the 105 Kansas counties to be designated as “unclassifiable” in a June 13, 2011, letter to EPA. 1

On July 27, 2012, the EPA announced that it had insufficient information to complete the designations for

the 1

- hour SO 2 standard within two years and extended the designations deadline to June 3, 2 013

. 2 In a February 6, 2013, letter to Kansas Governor Sam Brownback, the EPA stated that they were proceeding to designate as nonattainment most areas in locations where 2009

- 2011 monitoring data indicate violations of

the standard. (See Appendix A for EPA’s preliminary SO 2 designations map.) EPA’s review of the 2009

- 2011 monitored air quality data showed no violations in any areas of Kansas. As a result , EPA stated that they were not yet prepared to propose designation action in Kansas and were deferr ing action to designate areas in Kansas until additional data are gathered pursuant to EPA’s “comprehensive implementation strategy.” 3

The Kansas Department of Health and Environment (KDHE) submitted formal comments on EPA’s proposed designation actions i n an April 5, 2013, letter to the regulatory docket. 4 KDHE disagreed with EPA’s deferral of designations for all areas of Kansas beyond the statutory deadline and reiterated the

State’s recommendation that EPA designate each of the 105 Kansas counties as “unclassifiable.”

1 http://www.epa.gov/airquality/sulfurdioxide/designations/recletters/R7_KS_rec.pdf

2 This extension was published in the Federal Register on August 3, 2012. 77 FR 46295

3 http://www.epa.gov/airquality/sulfurdioxide/designations/eparesp/07_KS_resp.p df

4 http://www.regulations.gov/#!documentDetail;D=EPA

- HQ

- OAR

- 2012

- 0322

- 01295

Section 110(a) of the federal Clean Air Act (CAA) requires states to submit an implementation plan to the EPA Administrator that provides for implementation, maintenance, and enforcement of the NAAQS. Section 110(a)(2) lists the elemen ts that are to comprise the S tate I mplementation P lan (SIP).

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

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

, and

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

When the EPA promulgates a new standard or revises an existing standard, CAA Section 110(a)(1) requires each state to revise their SIP to demonstrate that they have the authority a nd programs needed to implement, maintain, and enforce the standard. Several of the elements listed in Section 110(a)(2) specifically address this requirement and are sometimes compiled and submitted separately in what is referred to as an

Infrastructure SIP. This document is the Kansas Infrastructure SIP revision for the revised SO 2 NAAQS promulgated on June 2, 2010

.

Most of the infrastructure requirements already are addressed in the comprehensive Section 110(a)(2) SIP submitted by Kansas in 1972 in re sponse to the CAA of 1970. The Kansas revision for the 2010 federal

SO 2 air quality standard continues to affirm Kansas’ commitment to comply with the Section 110(a)(2) requirements and is incorporated by reference into the overall Kansas State Implementa tion Plan

.

The following discussions list the statutory and regulatory requirements by each paragraph in Section 110(a)(2) and demonstrate that the Kansas Department of Health and Environment (KDHE) has the necessary plans, programs, and statutory authori ty to implement the requirements of Section 110 of the federal Clean Air Act (CAA) as they pertain to SO 2

.6

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

“(A) include enforceable emission limitations and other control measures, mean s, or techniques (including economic incentives such as fees, marketable permits, and auctions of emissions rights), as well as schedules and timetables for compliance, as may be necessary or appropriate to meet the applicable requirements of this chapter; ” [42 U.S.C. 7410(a)(2)(A) 5 ]

The Kansas Department of Health and Environment (KDHE) fulfills the requirements of Section 110(a)(2)(A) through the Kansas Statutes, Kansas Administrative Regulations, permits, and consent orders and agreements. The Secretar y of the KDHE has the power to adopt, amend and repeal rules and regulations implementing air quality standards and to prepare and develop plans for the prevention, abatement, and control of air pollution in Kansas that affects air quality in Kansas, in ot her states, or both. [K.S.A. 65

- 3005]

The Kansas Air Quality Program, located within the KDHE’s Bureau of Air (BOA), monitors and tracks air pollutants across Kansas to assure that health

- based standards set by the EPA are not exceeded. Data are

used to develop the appropriate regulatory or outreach strategies to reduce air pollution levels and improve air quality. The program is also responsible for issuing air emission permits for facilities and ensuring compliance with state and federal regulations fo r air pollutants. The statutory authority granted at K.S.A.

65

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

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

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

necessary to

— (i) monitor, compile, and analyze data on ambient air quality, and (ii) upon request, make s uch data available to the Administrator; ” [42 U.S.C. 7410(a)(2)(B)]

The Kansas ambient air monitoring network, operated by the KDHE ’s Bureau of Air and local air quality agencies, fulfills the requirements of 110(a)(2)(B). Monitoring data from 2 0 sites a cross the state are analyzed to determine compliance with federal standards for criteria pollutants and to evaluate air quality trends. The quality assured data are compiled and reported to the EPA.

Each year, in accordance with 40 C.F.R. Part 58, KDHE submits the annual monitoring network plan to EPA for approval. The State of Kansas 20 1 2

- 201 3 Ambient Air Monitoring Network Plan was approved by

EPA in January 2013

. EPA

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

. The monitoring plan describes the current Kansas

SO 2 monitoring network , which includes four monitors located throughout the state.

5 The Clean Air Act (CAA) was incorporated into the United States Code (U.S.C.) as Title 42, Chapter 85. Both the CAA and U.S.C. references are provided. See http://www.epa.gov/air/caa for more information.7

The collection of emissions monitoring data is authorized by K.S.A. 65

- 3005, and authorization for the public availability of this data is provided by K.S.A. 65

- 3015.

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

EPA.

IV

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

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

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

Environmental Field Services district offices.

The Air Compliance and Enforcement Section (ACES) is responsible for determining compliance and, if needed, issuing enforcement actions due to non

- compliance as authorized by K.S.A. 65

- 3011. Air emissions sources in Kansas are subject to state and federal air qu ality regulations. Depending on the type and quantity of emissions, sources are required to obtain permits and conduct activities such as testing, monitoring, recordkeeping, and reporting to demonstrate compliance as authorized by K.S.A. 65

- 3008 and

65

- 30 08b. The ACES staff uses a combination of inspections, performance test evaluations, report reviews, technical assistance, and enforcement actions to ensure facilities comply with the applicable air quality regulations and permits. Staff from KDHE’s dist rict offices, as well as the cooperating local agencies, conduct inspections and investigate complaints, as authorized by K.S.A. 65

- 3009, and forward the results to the ACES staff for review and response. The ACES staff oversees performance tests through approval of proposed test plans, on

- site observation of performance tests, and review and approval of the reported test results. Periodic reports are evaluated for compliance. The ACES staff also provides public outreach and compliance assistance. When a source violates an air quality standard, the ACES staff issues a notice of violation, works with the source to return them to a compliant regulatory status , and pursues formal enforcement action when necessary as authorized by K.S.A. 65

- 3011. Informatio n about the compliance and enforcement program is available at http://www.kdheks.gov/air

- permit/indexCE.html

.

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

- 3008. The APS issues construction permits and approvals prior to

construction or modificati on. The construction permit application allows the APS to determine if or what requirements need to be established for the facility (or emission source) when equipment is constructed or modified. Whether a construction permit or an approval is required d epends on the potential

- to

- emit (PTE) of the proposed construction or modification. The proposed construction or modification is reviewed to assure that potential emissions from the new or modified equipment will comply with the requirements of8

state and federal regulations. The construction permit program is also the vehicle by which Kansas implements several other federal programs that have been delegated to the state and are applic able to new or

modified sources. These include the New Source Performan ce Standards (NSPS), 40 C.F.R. Part 60, and the National Emission Standards for Hazardous Air Pollutants (NESHAP), 40 C.F.R. Parts 61 and 63. Part 63 is based on maximum achievable control technology and is usually referred to as the MACT regulations.

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

- permit/indexPrmt.html

.

The Department of Air Qualit y of the Unified Government of Wyandotte County assists in the permitting process by issuing construction and operating permits in Wyandotte County.

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

- 19

- 300 through 304 apply to preconstruction permits and approvals, K.A.R. 28

- 19

- 350 applies to prevention of significant deterioration (PSD), and

K.A.R. 28

- 19

- 500 et seq. apply to operating permits. Kansas adopted the requirements of the federal Prevention of Significant Deterioration and Title V G reenhouse Gas Tailoring Rule as published on June 3, 2010, in the Federal Register . [ 75 FR 31514 ] The Kansas regulations, K.A.R. 28

- 19

- 200a and K.A.R. 28

- 19

- 350, were published as final regulations in the Kansas Register on November 11, 2010, and became effective on January 2, 2011. [ Kansas Register Vol. 29, No. 45, pages 1634

- 1636 ] A Kansas SIP revision reflecting these changes was submitted in a final version to EPA on December 23, 2010. EPA published its approval of the SIP revision in the Federal Register on February 22, 2011 . [ 76 FR 9658 ] In the final action, EPA stated: “The SIP revision Kansas submitted on December 23, 2010, (1) provides the state with the authority to regulate GHGs under its PSD program, and (2) establishes appropriate emissions thre sholds for determining PSD applicability with respect to new or modified GHG

- emitting stationary sources in accordance with EPA’s Tailoring Rule. EPA has made the determination that the December 23, 2010, SIP revision is approvable because it is in accord ance with the CAA and EPA regulations, including regulations pertaining to PSD permitting for GHGs.” [ 76 FR 9663 ] The most recent amendments to K.A.R. 28

- 19

- 350

maintain the ali gnment of the Kansas PSD regulation with the federal PSD regulation codified at 40 C.F.R. 52.21. These amendments became effective on December 28, 2012, and were submitted for EPA approval

into the Kansas SIP. 6

The Kansas Department of Health and Environ ment (KDHE) commits to continued enforcement of control measures for which it has jurisdiction and to the continued oversight of local agency permitting and enforcement programs with respect to measures required by the CAA.

6 EPA proposed approval in Approval and Promulgation of Implementation Plans; State of Kansas; Infrastructure SIP Requirements for the 1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards, 78 FR 22827 , April 17,

2013.9

V

. Section 110(a)(2)(D) Interst ate and international transport provisions

“ (D) contain adequate provisions

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

— (I) contribute significantly to nonattainment in, or interfere with maintenance by, any other State with respect to any such national primary or secondary ambient air quality standard,

or (II) interfere with measures required to be included in the applicable implementation plan for any other State under part C of this subchapter to prevent significant deterioration of air quality or to protect visibility, (ii) insuring compliance with the applicable requirements of sections 7426 and 7415 of this title (relating to interstate and international pollution abatem ent); ” [42 U.S.C. 7410(a)(2)(D)]

On November 19, 2012, EPA issued a memorandum regarding “Next Steps for Pending Redesignation Requests and State Implementation Plan A ctions Affected by the Recent Court Decision Vacating the 2011

Cross

- State Air Pollution Rule.” In this memo, Gina McCarthy noted that “the recent CSAPR decision made certain holdings regarding the requirement for states to submit SIPs addressing the pro visions of Clean Air Act section 110(a)(2)(D)(i)(I), the good neighbor provision that addresses upwind emissions linked to NAAQS attainment problems in downwind states. The decision states that a SIP cannot be deemed deficient for failing to meet the good neighbor obligation before the EPA quantifies that obligation. Gina McCarthy further declared that “at this time the EPA does not intend to make findings that states failed to submit SIPs to comply with Section 110(a)(2)(D)(i)(I). To the extent states m ay inquire about their obligations to submit SIPs addressing this provision, we believe it would be appropriate to convey that at this time we do not intend to make such findings with respect to section 110(a)(2)(D)(i)(I).” Therefore, section 110(a)(2)(D) (i)(I) is not addressed at this time. 7 This submittal is intended to satisfy section 110(a)(2)(D)(i)(II) and (D)(ii).

KDHE conducted an analysis of actual SO 2 emissions inventory data for 2007 to 2011 t o demonstrate the declining contribution of Kansas SO 2 emissions. Actual point source SO 2 emissions decreased from 125,301 tons in 2007 to 46,833 tons in 2011. Kansas point source SO 2 emissions are projected to decrease

to around 28,769 tons by 2016. ( See Appendix B for details of this analysis. )

Kans as ’ federally approved Prevention of Significant Deterioration ( PSD ) permitting program applies statewide, with all counties recommended to be designated unclassifiable for the 20 10 SO 2 NAAQS , to ensure that new and modified sources of pollution do not cau se or contribute to violations of air quality

standards

. Section 126(a) of the Clean Air Act (CAA) directs that the SIP include provisions requiring a new or modified source to notify neighboring states of potential impacts from the source. Kansas fulfil ls this requirement with a regulatory provision in K.A.R. 28

- 19

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

7 EPA has not completed its T ransport SIP guidance establishing technical requirements for demonstrating whether or not a state has transport impacts on downwind states. KDHE will review the guidance once it becomes available and apply as necessary

should there be an EPA determinatio n of significant contribution by Kansas with respect to the 2010 SO 2 standard.10

On December 27, 2011, EPA published final approval of the State of Kansas Regional Haze Plan, submitted in November 2009, with su pplemental information provided in December 2011. [ 76 FR 80754 ] All associated Regional Haze Plan documents are available in the regulatory docket: http://www.regulations.gov/#!docketDetail;D=EPA

- R07

- OAR

- 2011

- 0675

. EPA determined that the plan submitted by Kansas satisfies the requirements of the Clean Air Act (CAA) for states to prevent any fut ure and remedy any existing anthropogenic impairment of visibility in mandatory Class I areas caused by emissions of air pollutants located over a wide geographic area. The State of Kansas aims to provide a five

year report by November 9, 2014, and a SIP revision by July 31, 2018, and every ten years after.

V I

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

“(E) provide (i) necessary assurances that the State (or, except where the Administrator deems inappropriate, the general purp ose local government or governments, or a regional agency designated by the State or general purpose local governments for such purpose) will have adequate personnel, funding, and authority under State (and, as appropriate, local) law to carry out such imp lementation plan (and is not prohibited by any provision of Federal or State law from carrying out such implementation plan or portion thereof), (ii) requirements that the State comply with the requirements respecting State boards under section

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

The Kansas Department of Health and Environment (KDHE) has adequate personnel, funding, and authority

to fulfill th e requirements of the SIP. As stated above in “II. Section 110(a)(2)(A) Emission limits and other

control measures” of this document , KDHE fulfills the requirements of the SIP through the Kansas Statutes, Kansas Administrative Regulations, permits, and co nsent orders and agreements

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

- Title V fees authorized by K.S.A. 65

- 3024

, permit fees authorized by K.S.A. 65

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

. 8

The Kansas Legislature annually approves KDHE’s funding and personnel resources for carrying out the programs of the SIP. The annual budget process provides a periodic update that enables KDHE and the local agencies to adjust funding and personnel needs. While it is not legally possible for KDHE and the local agencies to provide specific commitments about future budgets (funding and staff resources), the annual budget appropriations process undertaken by the Kansas S tate Legislature enables KDHE to present a request for resources required to meet the mandates of the CAA. Since KDHE’s CAA

- mandated programs have received state funding for more than 40 years, and since there is consistent public support in Kansas for pr oviding clean air, it is reasonable to assume that implementation of the CAA mandates in Kansas will continue to obtain the necessary funding.

8 The term “non

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

- 3024 and K.A.R. 28

- 19

- 202 that are used to implement the provisions of the Kansas A ir Quality Act that involve clean air act requirements other than Title V.11

The majority of the BOA budget currently consists of dedicated funds that are collected from regulated

emissio n sources and can only be used for air pollution control. These dedicated fees are periodically adjusted in order to provide necessary funding for the BOA programs. The last such fee adjustment was an

increase to K.A.R. 28

- 19

- 202 Emissions Fee on Novembe r 5, 2010. Collectively, the BOA and local agency budgets adequately support the Kansas air program with about 53 full

- time equivalent staff positions.

Kansas Statutes from Chapter 46, Article 2, specify conflict of interest requirements to which members of

KDHE are subject . These requirements specifically prohibit all state and local public officials from participating in governmental decisions for which they have a substantial financial interest as defined at

K.S.A. 46

- 229. The Secretary and employees of KDHE are required to file statements of substantial interests pursuant to the statutes found at K.S.A. 46

- 247 et seq

. Specifically, the following statutes fulfill

the CAA Section 128 (42 U.S.C. 7428) requirements referenced in Section 110(a)(2)(E) for disclosure of financial interests by the “head of an executive agency” responsible for issuing permits and enforcement

orders:

46

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

46

- 285, and amendments thereto.

46

- 221. State officer or employee, candidate and stat e officer elect defined.

46

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

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

City of Wichita Department of Environmental Services Johnson County Environment Department Unified Government of Wyandotte County and Kansas City

- Kansas Health Department.

The KDHE commits to actively maintain programs for the enforcement of control measures included in the approved State Implementation Plan (SIP) and measures required by the Clean Air Act (CAA).

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

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

— (i) the installation, maintenance, and replacement of equipment, and the implementation of other necessary steps, by owners or operators of stationary sources to monitor emissions from such

sources, (ii) periodic reports on the nature and a mounts of emissions and emissions

- related data from such sources, and12

(iii) correlation of such reports by the State agency with any emission limitations or standards established pursuant to this chapter, which reports shall be available at reasonable tim es for public inspection;” [42 U.S.C. 7410(a)(2)(F)]

The KDHE maintains a database with emissions inventory data for more than 900 stationary source facilities in Kansas. The inventory includes SO 2 emissions data. KDHE posts a summary report of

emissio ns from stationary sources, both major and minor, for the National Emissions Inventory Year on its website ( http://www.kdheks.gov/emission/data.html ). The data are reported to the EPA every three ye ars.

Emissions monitoring data provide a basis for determining whether facilities meet established performance

standards. KDHE uses this data to identify sources and emission levels, determine compliance with regulations and other enforceable requireme nts, develop control and maintenance strategies, and analyze progress in maintaining the NAAQS.

KDHE commits to its continued oversight of the stationary source monitoring requirements and to the reporting of data collected by such monitoring activities a s authorized respectively by K.S.A. 65

- 3007 and

65

- 3015.

V I II. Section 110(a)(2)(G) Emergency episodes

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

Kansas meets the requirements of Section 110(a)(2)(G), which requires states to provide for authority to address activities causing imminent and sub stantial endangerment to public health or welfare or to the environment and adequate contingency plans to implement such authority. This authority is provided to the KDHE Secretary in the Kansas air quality statutes, specifically K.S.A. 65

- 3012 and 65

- 300 5.

Upon receipt of evidence that emissions present an imminent and substantial endangerment to public health

or welfare or to the environment or that a violation is imminent or has occurred , the Secretary is granted authority by K.S.A. 65

- 3012 to direct the source owner or operator to take the necessary steps to prevent the act or eliminate the practice. The Secretary is authorized by K.S.A. 65

- 3005 to promulgate implementing regulations and to prepare and develop plans for the prevention, abatement, an d control of air pollution, including emergency episodes.

Kansas’ Air Pollution Emergency Plan includes the r egulations found at K.A.R. 28

- 19

- 55 et seq. that address excessive buildup of air contaminants during air pollution episodes in Kansas. K.A.R. 28

- 19

- 55 addresses general provisions; K.A.R. 28

- 19

- 56 details episode criteria, specifically addressing SO 2 , NO 2 , PM 10 , CO, and ozone; K.A.R. 28

- 19

- 57 specifies emission reduction requirements; and K.A.R. 28

- 19

- 58 specifies requirements for emergency episod e plans. Emergency episode plans are required in areas that record pollutant concentrations in excess of threshold levels specified in 40 CFR 51.150. Regardless of the nature and scope of the emergency episode, the Secretary of KDHE has the authority to respond as

necessary and appro p riate

.13

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

IX

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

“(H) provide for revision of such plan

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

The Kansas Department of Health and Environment (KDHE) is submitting a revised State Implementation Plan (SIP) that responds to revised air quality standards for S O 2 . As authorized by K.S.A. 65

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

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

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

As per EPA g uidance, nonattainment area plans required under part D are required on a different schedule from the Section 110 infrastructure elements and will be reviewed and acted upon through a separate

process.

Currently, there are no nonattainment areas for the 2010 SO 2 NAAQS in Kansas.

X I

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

“(J) meet the applicable requirements of section 7421 of this title (relating to consultation), section 7427 of this title (relating to public notification), and part C of th is subchapter (relating to prevention of significant deterioration of air quality and visibility protection);” [42 U.S.C. 7410(a)(2)(J)]

Section 121 requires a satisfactory process of consultation with general purpose local governments, designated organiz ations of elected officials of local governments, and any affected federal land manager in carrying out CAA requirements. The Secretary of KDHE is authorized by K.S.A. 65

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

- 19

- 350(k) to consult with local governments, officials, and federal land managers before the issuance of a permit under the PSD program.14

The Bureau of Air’s rulemaking process for public participation fulfills the requirements of 110(a)(2)(J) and

is conduct ed under the statutory authority at K.S.A. 77

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

.

The State’s rulemaking process includes:

Department approvals Review and approval by the Secretary of Administration and Attorney General Notification to municipalities, counties, school boards, and neighboring states Public hearings and comments Filing regulations with the Secretary of State

Publication in the Kansas Register Review by C itizens Regulatory Review Board Review by Joint Committee on Administrative Rules and Regulations

Section 127 (42 U.S.C. 7427) requires measures that will be effective to notify the public during any calendar year on a regular basis of instances or areas in which any air quality standard is exceeded or was exceeded during any portion of the preceding calendar year, to advise the public of the health hazards associated with such pollution, and to enhance public awareness of measures that can be taken to pre vent such standards from being exceeded.

KDHE maintains air quality data and other information on its website, which is available to the public. ( http://www.kdheks.gov/bar/air

- monitor ) Information that can be found on the website includes:

An overview of air quality Information regarding the NAAQS Air pollution sources Health effects of poor air quality How to find out about Kansas air quality

This website also provides links to the Kansas Air Quality Monitoring Network and to AIRNow ( http://www.airnow.gov ) for live monitoring data. Also available to the public is the KDHE News Release website ( http://www.kdheks.g ov/news/index.html ) that posts air quality health advisories when necessary.

KDHE commits to maintaining a public information and education program that satisfies the requirements

of Section 127.

KDHE commits to ensuring that PSD regulations are impleme nted in Kansas. (See also the PSD discussion

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

52. 21 in K.A.R. 28

- 19

- 350. EPA has finalized approval of the Kansas Regional Haze SIP as published in

the Federal Register on December 27 , 2011. [ 76 FR 80754 ] Legal authority to implement and develop the PSD program and the Regional Haze SIP exists under K.S.A. 65

- 3005.15

X I I. Section 110(a)(2)(K) Air quality modeling/data

“(K) provide for

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

Authority to conduct air dispersion modeling for ambient air quality analyses is provided to KDHE by

K.S.A. 65

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

constructed or modified

.

KDHE’s air quality modeling work is conducted in accordance with both EPA ’s and KDHE’s currently approved modeling guidance and protocols and with Appendix W of 40 C.F.R. Part 51. KDHE commits to the continued use of air quality models in accordance wi th current guidance and protocols and to the continued submittal of data and modeling results to EPA.

X I II. Section 110(a)(2)(L) Permitting fees

“(L) require the owner or operator of each major stationary source to pay to the permitting authority, as a

c ondition of any permit required under this chapter, a fee sufficient to cover

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

The Title V fee program, part of the operating permit program that is discussed in “IV. Programs for enforcement, PSD, and NSR” of this document, is adequate to mee t the requirements of Section 110(a)(2)(L). This program includes permit fees and emissions fees for major stationary sources. In addition to fees directly related to the implementation and enforcement of the Kansas Title V Program,

KDHE assesses and col lects construction permit and approval fees and other non

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

- 19

- 202, was last amended on November 5, 2010, implementing a change in fee rate and formulation as necessary to sus tain the Kansas air program. The

Kan sas Department of Health and Environment (KDHE) commits to continue to implement major stationary source permit and emissions fee regulations as authorized by K.S.A. 65

- 3008 and 65

- 3022 through 65

- 3024.16

XI V

. Section 1 10(a)(2)(M) Consultation/participation by affected local entities

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

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

Department of Air Quality, Unified Government of Wyandotte

- Kansas City, Kansas Wichita Department of Environmental Services Johnson County Environmental Department

Mid

- America Regional Council

These agreements establish formal par tnerships between the Bureau of Air and local agencies who work together to develop and annually update strategic goals, objectives, and strategies for reducing emissions and improving air quality. In addition, public participation in the rulemaking proce ss is conducted in accordance with EPA regulations at 40 C.F.R. Part 51, Subpart F, and involves the following entities: League of Kansas Municipalities

, Kansas Association of Counties , and Kansas Association of School

Boards

.

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

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

- 3016.17



# XV. APPENDI CES18 (This page intentionally left blank.)19 APPENDIX A

Figure A 1.

http://www.epa.gov/so2designations/pdfs/20130207map.pdf http://www.epa.gov/so2designation s/regs.html20 APPENDIX B

Figure B 1

.

Total tons SO2

- point sources

2007 2008 2009 2010 2011 [2012] [2013] [2014] [2015] [2016]

125,301 103,365 58,449 51,934 46,833 43,777 41,826 41,835 28,769 28,76921 APPENDIX B

Figure B 2

.

Total tons SO2

- all source categories

2007 2008 2009 2010 2011 2012 2013 2014 2015 2016

Point 125,301 103,365 58,449 51,934 46,833 43,777 41,826 41,835 28,769 28,769

Nonpoint 2,574 2,594 2,614 2,646 2,663 2,686 2,710 2,733 2,757 2,781

Onroad 486 490 494 500 503 507 512 516 521 525

Nonroad 810 816 822 832 838 838 845 852 860 867

Anthropogenic SO 2 emissions 2007

- 2016

Point source emissions of SO 2 from 2007 through 2011 were taken from the Kansas Emissions Inventory.

Sources included Title V and s ynthetic minor sources. Projected emissions estimates for 2012 through 2016 were made by reviewing recent permit activity for all Kansas facilities with 2011 SO 2 emissions greater than 10 tons, as well as by querying the i

- STEPS database for recent constru ction permits. For each facility found via these queries where significant changes in SO 2 (i.e., greater than 5 tons per year) occurred, SO 2 emission decreases (for emissions reduction projects or plant closures) and increases (for new emissions sources)

w ere logged under the expected year of completion. Note that the Sunflower Electric

- Holcomb Unit 2 project was not included due to uncertainty with both its current litigation and eventual financing.

The remaining source categories of anthropogenic SO 2 e missions

— nonpoint and mobile (onroad and nonroad)

— are given estimates once every three years in the National Emissions Inventory (NEI). The last complete NEI was conducted for 2011, and those values provided the basis for the estimates made in this

documen t. The single modification made to the 2011 NEI values was to grow them based on the growth in the general Kansas population. For years 2012 to 2016, where the annual growth is unknown, the average annual growth for 2008

- 2011 (0.87%) was used.

# Section D

## PUBLIC HEARING CANCELLED

– NO REQUESTS

Scheduled for June 2 6

, 2013



## Kansas Air Quality

State Implementation Plan Revision

for the

2010 Sulfur Dioxide (SO 2 

## ) Primary National Ambient Air

Quality Standard ( NAAQS)Kansas Department of Health and Environment: Planning Public Notices

http://www.kdheks.gov/bar/planning/pnplanning.html[7/2/2013 1:14:28 PM] 

# Public Notices

Proposed Planning Public Notices

The Public Hearing for the proposed 2010 Sulfur Dioxide (SO2) SIP Revision scheduled for Wednesday, 6-26-13

has been cancelled.

Proposed Revision of the State Implementation Plan - Maintenance and Enforcement of the 2010 National Ambient Air
Quality Standards (NAAQS) for Sulfur Dioxide (SO2).

Planning Post Public Notices

Proposed Revision of the State Implementation Plan - Compliance with Sec. 128 of Federal Clean Air Act

Kansas State Implementation Plan - Regional Haze - Submitted to EPA

1.1 Guide to Locating 40 CFR 51.308 Requirements

1.2 EPA Checklist for Regional Haze SIPs Submitted Under 40 CFR 51.308

2.1 Summary of Legal Authority, Public Participation Process, Public Comments and Responses

4.1 Summary of Federal Land Manager Comments and Responses

4.2 US Department of the Interior Comments on the Kansas Regional Haze SIP

4.3 US Department of Agriculture Comments on the Kansas Regional Haze SIP

7.1 2002 Emissions Inventory

7.2 2018 Emissions Inventory

7.3 Emissions Inventory Technical Documentation

7.4 Natural Gas Production Trends

8.1 Emissions Modeling TSD Chapter 2

8.2 Model Performance Evaluation TSD Chapter 3

8.3 Additional Supporting Analysis TSD Chapter 5

9.1 Identification of BART-Eligible Sources in the State of Kansas

9.2 Modeling Protocol Used to Determine Subject-to-BART Sources

9.3 Results of Modeling to Identify Sources Subject to BART

9.4 Guidance for Facilities Conducting a BART Analysis

9.5 BART Analysis for KCP&L - La Cygne Units 1 and 2

9.6 BART Analysis for Westar - Gordon Evans Unit 2 & Jeffrey Units 1 & 2 (incl May 2009 addendum for GEEC)

9.7 BART Agreements

# Section E

## Technical Support

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

of the 20 10 Sulfur Dioxide ( S O 2 

## ) National Ambient Air Quality Standard

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

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

Sulfur Dioxide (S O 2 ) is the regulated pollutant affected by the plan.

2. Ide ntification of the location of affected sources including t he EPA

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

The Kansas Air Quality State Implementation Plan Revision for t he Implementation,

Maintenance, and Enforcement of the 20 10 S O 2 NAAQS aff ects the entire state of Kansas.

Because there are no existing SO 2 monitors that violate the revised standard, Kansas submitted a
letter to EPA in June, 2011, recommending that eac h of the 105 counties in Kansas be designated as “unclassifiable” with respect to the SO 2 standards revised in 2010.

A February 2013 response from EPA stated that: “the review of the most recent monitored air
quality data from 2009

- 2011 shows no violation s of the 2010 S02 standard in any areas in
Kansas. Consequently, the EPA is not yet prepared to propose designation action in Kansas and
is therefore currently deferring action to designate areas in Kansas. The EPA expects to be able
to proceed with design ation action in Kansas once additional data are gathered pursuant to our comprehensive implementation strategy.”

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

calculations of the differences between certain baseline levels and allowable emissions anticipated as a result of the revision. [2.2(c)]

Not applicable.4. The State’s demonstration that the National Ambient Air Quality Standards, prevention of

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

The content of this plan has been developed to demonstrate that the infrastructure elements exist
and are in place for Kansas to implement, maintain, and enforce the 2010 sulfur dioxide air
quality standard . This plan submittal wa s developed to meet the “Criteria for Determining the
Completeness of Plan Submissions” as codified in 40 C.F.R. Part 51, Appendix V.

5. Modeling information required to support the proposed revision, including input data, output data, models used, justifica tion of model selections, ambient monitoring data used, meteorological data used, justification for use of offsite data (where used), modes of models used, assumptions, and other information relevant to the determination of adequacy of the modeling analysi s. [2.2(e)]

Not applicable.

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

Not applicable.

7. Evidence that the plan contains emissions limitations, work practice standards, and

rec ordkeeping/reporting requirements, where necessary, to ensure emission levels. [2.2(g)]

These elements are incorporated into the infrastructure plan.

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

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

9. Special economic and technological justifications required by any applicable EPA policies or an explanation of why such justifica tions are not neces sary. [2.2(i )]

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