# State of Kansas Air Quality 

# State Implementation Plan Interstate Transport for the National Ambient Air Quality Standards for 8- hour Ozone and PM2.5 

# December, 2006 Volume 2 - Hearing and Procedural Elements ~S ~EPART,~~'~

, L ~ v r 1-0 

# Department of Health and Environment Division of Environment Bureau ofAir and Radiation (785) 296-1593

## TABLE OF CONTENTS

SECTION P . Evidence That Regulations Have Been Adopted, and of

Effective Date ofAdopted Regulations Letter ofAdoption of Interstate Transport SIP Q . Authorizing Statute

K .S.A. 2001 Supp. 65-3005

R . Procedural Requirements Documents

Hearing Officer's Report, with Responses to Comments S. Public Notice Documents

T. Technical Support: Interstate Transport

Response to Elements of 40 CFRPart 51, Appendix V, Subsection 2.2(i)

## Description of Materials Required by 40 CFRpart 51, appendix Vfor Submittal Transmittal Letter 1 .0 Contents Table of Contents Description of Materials Required 2.0 Administrative Materials Appendix VRequirement Documentation Provided in Submittal Submittal Section [Formal Letter] (2.1(a)) Letter ofTransmittal - Evidence that the plan has been Copy of Secretary's Letters Adopting Plan P adopted and the effective date Revisions to Delete Local Regulations per (2.1(b)) Request Letter Legal Authority to adopt and Copy of K .S .A. 2001 Supp. §65-3005 Q implementplan (2.1(c)) Copy of actual regulation, or Separate Volume (Volume 1) - document (2.1(d)) Evidence that the state has Copy of Hearing Officer's Report R followed all procedural requirements (2.1(e)) Evidence that public notice was Copy of Public Notices S Provided (2.1(f)) Certification that public [Same as for 2.1(e)] R hearings were conducted (2.1(g)) Compilation of public [Same as for 2 .1(e)] R comments and responses thereto

### 2.2 Technical Support

Appendix V Requirement Documentation Provided in Submittal Submittal Section Identification of all relevant Response as appropriate. T Pollutants affected by the plan (2.2(a)) Identification ofthe Response as appropriate. T location of affected sources under theplan (2.2(b)) Quantification of the Response as appropriate. T changes in the plan's allowable emissions (2.2(c)) Demonstration that the Response as appropriate. T ambient air quality will not deteriorate, etc. (2.2(d)) Modeling information Response as appropriate. T (2.2(e)) Evidence that emissions Response as appropriate. T limits are continuous emission reduction technology-based (2.2(f)) Evidence that plan contains Response as appropriate. T emissions limits, etc. (2.2(g)) Compliance/enforcement Response as appropriate. T provisions (2.2(h)) Special economic or Response as appropriate. T technologicaljustifications as needed, or explanation of why justification not needed (2.2(i))

## DECLARATIONOF ADOPTION I, Roderick L. Bremby, Secretary of Health and Environment, hereby adopt the attached revision to the State of Kansas Implementation Plan (SIP) for the Attainment and Maintenance of National Ambient Air Quality Standards pursuant to the Clean Air Act, as amended

. Specifically, this revision will address interstate transport of pollutants and satisfy the requirements of section 110(a)(2)(D)(i) of the Clean AirAct (CAA) for the 8-hour ozone and PM2,5 National Ambient Air Quality Standards (NAAQS) . This Plan revision has been subject to public notice, and public hearing, with opportunity for public comment in accordance with the requirements of 40 CFRPart 51, Subpart F, Procedural Requirements for State Plans. This administrative act of adoption I hereby certify as being an official action of my office of Secretary ofHealth and Environment on the Za x dayof 2006 .

Voderick L. Brem Secretary of Health and Environment^ r A , -' C. 

## DIE

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### 4- 1 A 4 . 'r - 

## 4



# Volume 5 CHAPTERS 65 to 70a 

# .Volume 5A CHAPTERS 71 to 74



### This supplement is to be used in connection with Volumes 5 and 5A of the Kansas Statutes Annotated published in 1992. The 2000 Supplement volume may be discarded.AIR QUALITY CONTROL

or .pennanent, located on one or more contiguous q-ri adjacent properties~and under common control of the same person (or persons under common control) . Such termshall not include locomotives, diesel trucks or truck tractors unless otherwise re- : (jtiired by the federal clean air act, as amended in

. .November 1990

. 

### ) or "modification," when used in g "Modify" conjunction with an approval or permit action, means an amendment to an esisting 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 ." ="(h) "Permittee" means the holder of an ap-

.:=proval or the holder of a permit and includes both th'~ owner and the operator of any approved or permitted air contaminant emission source. F :c<,',(i)

. "Person" means any individual, partner. ship, firm, association, municipality, public or private corporation, subdivision or agency of the state or federal government, trust, estate or any L

. oth_ei legal entity. '~J

. . 

### "Reopen" means to seek an amendment to :,an existing approval_orpermit initiated byanyper- ~"son other than the permittee. . ~~i(k) . "Secretary" means the secretary of health i~and environment. ~t..+au: 

### F~~(1.), "Stationary source" means' any building, 6-tructure, facility or installation which emits or glay emit any air contaminant . 

### CTHistory: L

. 1967, ch. 347, § 2

; L. 1970 ch. X26 ;1, § 2; L. 1974, ch. 352, § 135 ; L. 1993, ch. 13, ~'§i9- XA. . . . . .1. nC . Attorney General's Opinions: ''Confined sw{ne Feeding control ofwater pollution facilities;

~: .by~secretary of Kansas Department of Health and Environ- ment. 2ppp-19. '65-3005. Powers of the secretary. The 'v" 

### secretary shall have the power to: ~~--~Ca) Adopt, amend and repeal rules and regu

### it~~tions implementing and.consistent with this act. r~' .~ .~(~b) Hold hearings relating to any aspect of or 

### ~matter in the administration of this act concerning x' r~, alr .. 

### ~ ~F quality control, and in connection therewith, ; .compeI the attendance of witnesses and the pro. . 

### r;d~uction of evidence. ; Issue such orders, permits_ and approvals ;?s;may be necessary to effectuate the purposes of ;~t~s.:act and enforce the same by all appropriate ,~~dministrative and judicial proceedings . 

# s5-3005 (d) Require access to records relating to emissions which cause or contribute to air pollution. (e) Prepare and develop a comprehensive plan or plans for the prevention, abatement and control of air pollution in this state. (f) Adopt rules and regulations goveming such public notification and comment procedures as authorized by this act. (g) Encourage voluntary cooperation by persons or affected groups to achieve the purposes of this act. (h) (1) Encourage local units of government to handle air pollution problems within their respective jurisdictions and on a cooperative basis; (2) provide technical and consultative assistance therefor; and (3) enter into agreements with local units of govemment :to administer 'all or part of the provisions of the Kansas air quality act in the units' respectivejurisdictions. (i) Encourage and -conduct studies, investigations and research relating to air contamination and air pollution and their causes, effects, prevention, abatement and control . 

### .(j) Encourage air contaminant emission sources to voluntarily implement strategies, including. the development and use of 'innovative technologies, market-.based principles and other private initiatives to reduce or prevent pollution. (k} Determine by means of field studies and sampling the degree of air contamination and air. pollution in the state and the several parts thereof. (1) Establish ambient air quality standards for the state as a whole or for any part thereof .. (m) Collect and disseminate information and conduct educational and training programs relating to air contamination and air pollution. (n)- Advise, consult and cooperate with other agencies of the state, local governments, industries, other states, interstate or interlocal agencies, and the federal government, and with interested persons or groups . ;

_ (o) Accept, receive and administer grants or other funds or gifts frompublic and private entities, including the federal government, for the purpose of carrying out any of the functions of this act. Such funds received by the secretary pursuant to this section shall be deposited in the state treasury to the account of the department of health and environment . (p) Enter into contracts and agreements with other state agencies or subdivisions, municipali- " ties, the federal government or its agencies or pri209

### 65-3007 -PUBLIC :- HEALTH vate entities as is necessaryto,accomplish thepurposes of the Kansas. air quality act. History: L

. 1967, ch. 347, § 5

;~ L . 1970, ch. 261, § 5 ; L . 1974, ch. 352, § 137; L . 1993, ch. 13, ~ 3 ; March 25. Attorney General's Opinions: Confined swine feeding facilities; control of water polhition by Secretary of Kansas Department of Health and Environment . 2000-19

. . 6j-3007. Air contaminant sources; classification; monitoring; reporting. (a) The secretary, by rule and regulation, shall classify air contaminant sources which, in the secretary's judgment, may cause or contribute to air pollution, according to levels and types of emissions and other characteristics .which relate to air pollution and may require reporting for any such class or classes. The classifications promulgated by the secretary shall be made to apply to the state as a whole or to any designated area of the -state, and shall be madewith special reference to effects on health, economic and social factors, and physical effects on property. 

### (b) The secretary shall require air contaminant emission sources to monitor ernissions, pperating parameters, ambient impact of any source, emissions or any other parameters deemed necessary by the secretary. Thesecretary may require air contaminant emission sources to keep records and make reports consistent with the purposes of this act. .. . (c) Any person operating or responsible for the operation of *air contaminant sources of any class for which the rules and regulations of the secretary require reporting shall make reports r-nnrair,in-a information as may be required by the

thereof, to cover all or any part of the cost o ~ creta concerning location size and height of jation a eneral approval or permit covering nw any air contaminant emission stationary sourcE which in accordance with rules and regulatio

se ry ~ g '1 u ces An eneral approval'or : tl ts rocesses employed fuels u



### the rovisions of Kansas air qu~ contaminant vu e , p merous simi ar so r . . used and the nature and time periods or duration. ermit shall co ply with all requirement aPPl'r~ ~ the secretary finds may cause or contribute to aii pollution, unless an appropriate approval or per mit has been issued for the source by the secreta " under this act. Approvals or permits issued by thr secretary may be subject to conditions consisten' with the purposes.of this act and rules and regu: lations promulgated under this act. s; ; (b) The secretary shall require that applic~' tions for approvals and permits, and renewal thereof under this act shall be accompanied b49 application fees and such plans, specifications;~ compliance plans or other information as the sec~~ 

### retary deems necessary. Applications shall be su5a mitted on forms provided by the secretary ancf,7g shall be signed by a responsible official of the-

. ..'k shall certify the accuracy oF the in_ source, formation submitted. 

### (c) - The issuance or holding of an approval a~ permit shall not convey .any property right or ex f . clusive privilege to the holder thereo , ( Without any further action on the part s~ d) the secretary, an approval or a permit shall be: come void andwithout effect on its expiration dat f l, :. unless a completed application form and any re O i uiredfee are filed with the secretaryon or befo q the expiration date of the approval or the permiE Forpurposes of this subsection, the secretary may specify by rule and regulation an amount of tim" prior to the expiration date of an operating pertn~ bywhich a complete application forrn and any.i~ quired fee must be filed with the secretary in 6~ der to be considered timely.filed. The secreta may provide for a grace period by rule and re Iatinn 

### The secretary may issue by rule and reg

of emissions, and such other information as is rel- P able to approvals or permits under this act. Any . v red a general approval or penn~~'-- t t ~ ollution and available or reasonably b evan o aur p y 1-f f b ' mbled source co e 1 t the secreta and receive authori ~ -CA

-- capa e o emg History: L. 1967, ch. 347, § 7; L . 1970, ch. must appy o rY 2617~ L. 1974, ch. 352, 139- L. 1975, ch. 312, to operate under the general approval or permi`t~

, ~S , ~ ~ (f) The secretary may fix, charge and colle~ 

### § 11 ; L. 1993, ch. 13, § 4 ; March 25. . fees .for approvals and permits, and the rene~ fa~~ Attorney General's Opinions: Confined swine feedingfacilities; control of water pollution by Secretary of Kansas Department of Health and Environment. `?Q00-19. , 65-300a. Approvals and permits for emission stationary sources . (a) . No person shall construct, own, operate, install, alter or use 

### n ministeng p act, other than K

.S .A . 2001 Supp. 65-3027. Tli secreta shall adopt rules and regulations fixi'r rY . such fees. The fees shall be deposited in 'the sta~;-- , , treasury arid credited to the state general fun~dIWE except that if all or any portion of the re,ulatoiiu.k .I . 210

### BEFORE THE KANSAS DEPARTMENT OF HEALTHANDENVIRONMENT



### Proposed amendment of the Kansas Air Quality State Implementation Plan Report ofthe Hearing Officer 

## lltU Statement of Facts The public hearing on this matter commenced on Wednesday, December 20, 2006 at 10:05AM, at the Curtis Office Building, Tallgrass Room, 1000 SW Jackson, Topeka, Kansas, in accordance with the notices of public hearing published in the November 16, 2006 issue of the Kansas Register (at 25 K

.R . 1628), as well as in the Kansas City, Kansas, Wichita, Topeka, Salina, Dodge City, Chanute and Hays newspapers in November 2006. The purpose of the hearing is to present the update to the State of Kansas State Implementation Plan (SIP) to address interstate transport of pollutants for the National Ambient Air Quality Standards for 8-hour ozone and PM2 .5. This SIP update will satisfy the requirements of Section 110(a)(2)(D)(i) of the Clean Air Act (CAA) . Copies of the notices of public hearing, as appeared in the Kansas Register and in local newspapers are attached. Acopy of the proposed SIP Revision is also attached. The following individuals were in attendance at the hearing: Douglas Watson, representative of the Kansas Department of Health and Environment Bureau ofAir and Radiation Topeka, KS 66612-1366

### Julie Coleman, serving as Hearing Officer,

Northeast District Office Kansas Department of Health and Environment Lawrence, KS 66046 Gina Grier EPA Region 7 901 N . 5' Street Kansas City, KS Matt Unruh Kansas Department of Health and Environment Bureau ofAir and Radiation 

### Topeka, KS 66612-1366 Clark Duffy Kansas Department of Health and Environment Bureau ofAir and Radiation Topeka, KS 66612-1366 Vic Cooper Kansas Department of Health and Environment Bureau ofAir and Radiation 

### Topeka, KS 66612-1366

The Hearing Officer noted that the comment period would close at 5:00 PM on Wednesday, December 20, 2006, unless significant adverse comments were received. The address for the submission of comments was provided. Following introductory remarks by the hearing officer, it was decided that because there was no one in attendance that wanted to make public comments, then the KDHE representative, Doug Watson, would forego his verbal testimony and simple enter his testimony into the record as written. Mr . Watson's written testimony is as follows: Good morning. I am

Doug Watson, Environmental Scientist with the Bureau ofAir and Radiation of KDHE.

### The Bureau is proposing to amend the Kansas Air Quality State Implementation Plan, or

SIP . The specific action being proposed is to address the obligation of the state to address interstate transport ofpollutants as required by section 110(a)(2)(D)(i) ofthe CleanAirAct. (HISTORY) On March 10, 2005, the Environmental Protection Agency (EPA) issued the Clean Air Interstate Rule (CAIR) . CAIR will permanently cap emissions of sulfur dioxide (S02) and nitrogen oxides (NO,,) in the eastern United States. S02 and NO,, contribute to the formation of fine particles and NOX contributes to the formation of ground-level ozone. These pollutants also reduce visibility and damage sensitive ecosystems. CAIR would achieve reductions of SOZ and/or NOX emissions across 28 eastern states and the District of Columbia. EPA has reported that when fully implemented, CAIRwill reduce S02 emissions in these states by over 70 percent and NOX emissions by over 60 percent from2003 levels. Although Kansas was not included in the final CAIR rule making, Kansas is still required by the Clean Air Act (CAA) to submit a 110(a)(2)(D)(i) SIP submission addressing significant contribution to nonattainment and interference with maintenance of the 8-hour ozone and PM2 .5 NAAQS in any other states. The "good neighbor" provisions in section 110(a)(2)(D)(i) of the CAArequires Kansas to submit a SIPthat prohibits emissions that adversely affect another State in the ways contemplated in the statute. Section 110(a)(2)(D)(i) contains four distinct requirements related to the impacts of interstate transport. Each State must submit a SIPwhich contains adequate provisions : prohibiting. . .any source or other type of emissions activity within the State fromemitting any air pollutant in amounts which will - (I) contribute significantly to nonattainment in, or interfere with maintenance by, any other State with respect to any . . . national primary or secondary air quality standard, or

### (II) interfere with measures required to be included in the applicable implementation plan for any other State . . . to prevent significant deterioration of air quality or to protect visibility. 

### (WHAT IS CHANGED) The SIP update confirms that Kansas emission sources do not significantly contribute to areas in nonattainment of the National Ambient Air Quality Standards (NAAQs) in other states. These findings were demonstrated in the modeling performed for the Clean Air Interstate Rule (CAIR) issued by the US Environmental Protection Agency (EPA) on March 10, 2006 and augmented by information supplied by KDHE in the SIP revision. Notice of this proposed action was published in the Kansas Register on November 16, 2006, and in the Kansas City, Kansas, Wichita, Topeka, Salina, Dodge City, Chanute and Hays newspapers in November 2006. The department has mailed copies ofthe notice of hearing and theproposed SIPrevision to the state of Missouri, the EPA, MARC, the local agencies and the KDHE District offices, as required. That concludes my presentation. The Hearing Officer then asked if there was any further discussion and there not being any, the closing time and date for receipt of written comments was again noted, with the address provided. The hearing was adjourned at 10:10 AM . Findings and Recommendations of the Hearing Officer Legal Authorities K .S.A . 65-3005, as amended, authorizes and directs the secretary to adopt such plans as are necessary to enable the secretary to carry out the purpose and provisions of the Kansas Air Quality Act, K

.S.A. 65-3001 et sec~. and amendments thereto.

### Conclusions

The secretary has authority to amend the existing Kansas Air Quality State Implementation Plan. Proper notice and public hearing, with an opportunity for public comment were provided. It is the conclusion of the Hearing Officer that the record indicates substantial support for the adoption of the proposed permanent changes to the existing SIP, with no expression of opposition received. Therefore, it is the recommendation of the Hearing Officer that the proposed amendments to the SIP be adopted, with the recommended changes that were suggested in the written comments from Josh Tapp, Branch Chief, Air planning and Development Branch, EPA Region 7. The attached SIPrevision document includes these recommended changes.

Respectfully submitted,

### Kansas Department of Health and Environment Bureau ofAir and Radiation Response to Comments - Proposed Revisions to State Implementation Plan The Bureau of Air and Radiation of the Kansas Department of Health and Environment conducted a public hearing in accordance with a notice published on November 16, 2006, in the Kansas Register, as well as in local newspapers. This public hearing was conducted to receive public comment on the update to the State of Kansas State Implementation Plan (SIP) to address interstate transport of pollutants for the National Ambient Air Quality Standards for 8-hour ozone and PM2

.5. This SIP update will satisfy the requirements of Section 110(a)(2)(D)(i) of the Clean Air Act (CAA) . During the hearing, only one person, outside of KDHE staff, attended and wanted to make no verbal comments for the record. Following is the summary of the comments, with responses to each describing the State's response to the respective comment, including, where applicable, notation ofchanges made to the draft document.

Mr . Josh Tapp, Branch Chief, Air Planning and Development Branch, EPA Region 7, submitted written comments. Comment #1 : The document should be revised to discuss the downwind impacts fromthe eastern portion of the state. Although the easternportion ofthe state was included in the CA1Rozone modeling domain, downwind impacts from partial states were not analyzed in the results. Therefore, the state should not rely on the CAIRmodeling to conclude that the eastern portion of the state does not have a significant impact on downwind ozone nonattainment or maintenance areas in other states. We are willing to provide assistance to the state in order to determine appropriate revisions to the discussion of downwind impacts.

### Response #1 : The state concurs with EPA's comment and has revised the document to address impacts fromeastern Kansas. Comment #2: Back trajectories (at 500 and 1500 meters) are provided for the top four ozone days in 2003-2005 in each of several nonattainment areas including St. Louis, Chicago, and counties of Door, Kenosha, and Ozaukee, Wisconsin. Of these downwind areas, the CAIR modeling for the year 2010only identified Kenosha and Ozaukee as being ozone nonattainment receptors. Therefore, the state couldmake the argument that the trajectories from these twocounties are most relevant to whether or not emissions fromthe state are significant. In order to address impacts on these two counties, the state could analyze impacts in terms of the frequency of contributions. Response #2: The state concurs with EPA's comment and has augmented the trajectory analysis section of the document to address this comment. Comment #3: Forward trajectories are provided for a location in western Kansas, but it is unclearto which dates these trajectories correspond. Response #3: The state concurs with EPA's comment and has revised page 8 of the document to address this comment. Comment #4: Adiscussion is included on point source growth in western Kansas and a reference is provided to "one large EGU" planned at Holcomb. EPA's understanding is that this facility is planned to contain three separate units that would meet the criteria of an EGUas defined by EPA . It is recommended that this reference he revised to be consistent with the state's definition of an EGU . Response #4: The state concurs with EPA's comment and has revised page 5 ofthe document to address this comment . Comment #5: The document refers to the modeling thatwas performed by EPA and describes the western edge of the ozone modeling domain as 100" W . However, EPATechnical Support Document for the Final Clean Air Interstate Rule lists 99° W

as the western extent of the 36 km grid. Therefore, if the state chooses to include discussions ofthe western portion ofthe state outside of the modeling domain, the appropriate references as well as the table information should be revised accordingly. Response #5: The state concurs with EPA's comment and has revised the document to address this comment.or.

~~teo ~~~\\\~~~//// W

~~~~~~ Rid~E~'t~ 

## UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION VII 901 NORTH 5TH STREET KANSAS CITY, KANSAS 66101 

### Clark Duffy DEC 19 2006 Director Bureau ofAir and Radiation Kansas Department ofHealth and Environment Suite 310, Curtis State Office Building 

### 1000 SW

Jackson Topeka, KS 66612 Dear Mr . Duffy: Thank you for the opportunity to provide comments on the Kansas Department of Health and Environment's proposed changes to the Kansas Air Quality Implementation Plan (SIP) . The United States Environmental Protection Agency (EPA) is providing comments on the submitted documentation titled "Interstate Transport for the National Ambient Air Quality Standards for 8-hour Ozone and PM2.5, October, 2006 Volume 1- Plan Revision" that was public noticed in the Nov 16, 2006 issue of the Kansas Register and received at the EPA Region 7 on November 29, 2006 . We do not believe that major changes to the document are needed. However, we believe that addressing the comments below would help ensure that the Department's submission meets the current outstanding obligations under the interstate transport provisions of the CAA 110(a)(2)(D)(i) . We respectfully submit these comments pursuant to the public comment period for this rule, which closes on December 20, 2006 . 1) The document should be revised to discuss the downwind impacts fromthe eastern portion of the state. Although the eastern portion of the state was included in the CAIR ozone modeling domain, downwind impacts from partial states were not analyzed in the results. Therefore, the state should not rely on the CAIR modeling to conclude that the eastern portion of the state does not have a significant impact on downwind ozone nonattainment or maintenance areas in other states. We are willing to provide assistance to the state in order to determine appropriate revisions to the discussion of downwind impacts . 2) Back trajectories (at 500 and 1500 meters) are provided for the top four ozone days in 2003-2005 in each of several nonattainment areas including St . Louis, Chicago, and counties of Door, Kenosha, and Ozaukee, Wisconsin. Of these downwind areas, the CAIR . modeling for the year 2010 only identified 

### Kenosha and Ozaukee as being ozone nonattainment receptors. Therefore, the state could make the argument that the trajectories fromthese two counties are 

### RECYCLE~*

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### most relevant to whether or not emissions fromthe state are significant. In order to address impacts on these two counties, the state could analyze impacts in terms of the frequency of contributions. 3) Forward trajectories are provided for a location in western Kansas, but it is unclear to which dates these trajectories correspond . 4) A discussion is included on point source growth in western Kansas and a reference is provided to "one large EGU" planned at Holcomb. EPA's understanding is that this facility is planned to contain three separate units that would meet the criteria of an EGUas defined by EPA . It is recommended that this reference be revised to be consistent with the state's definition of an EGU . 5) The document refers to the modeling that was performed by EPA and describes the western edge of the ozone modeling domain as 100° W . However, EPATechnical Support Document for the Final Clean Air Interstate Rule lists 99° W

as the western extent of the 36 km grid. Therefore, if the state chooses to include discussions of the western portion of the state outside of the modeling domain, the appropriate references as well as the table infonnation should be revised accordingly. 

### If you have any questions or concerns, please do not hesitate to call me at (913) 551-7606, or e-mail me at tapp joshuaQcepa.gov. You may also contact Gina Grier at (913) 551-7078, .or Michael Jay at (913)-551-7460. 

# A 116P Joshua A

. Tapp Branch Chief Air Planning and Development Branch Air, RCRA and Toxics Division

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### 1628 Kansas Register Hearings

State of Kansas



### Department of Health and Environment Notice of Hearing The Kansas Department of Health and Environment is proposingto revise the State ofKansas Implementation Plan for theAttainment and Maintenance ofNational AmbientAir Quality Standards. A hearing for this action will be held at 10 a.m

. Wednesday, December 20, in the Tallgrass Room,third floor, Curtis State Office Building, 1000S.W . Jackson, Topeka. Specifically, the department is proposing to adopt an update to the state air quality implementation plan (SIP) . TheSIPupdate fulfills the requirements of Section 110(a)(2)(D)(i) of the Clean Air Act, whichrequires states to address the impacts of interstate transport of air pollutants. The SIP update confirms that Kansas Pmicsion sources do notsignificantly contribute to areas in nonattairnment of the National Ambient Air Quality Standards (NAAQs) in other states. These findings were demonstrated in the modeling performed for the Clean Air Interstate Rule (CAIR) issued by the U .S. Environmental Protection Agency March 10, 2006. This proposed SIP revision does not include any rulemaking action. Details concerning this revision canbe obtained by contacting Douglas L . Watson, KDHE, Bureau ofAir and Radiation, at (785) 296-0910 . Copies of the proposed plan also maybe viewed at thefollowinglocations: (1) Department of Air Quality, Unified Government of Wyandotte County-Kansas City, Kansas Health Department, 619 Ann Ave., Kansas City, Kansas; (2) Johnson County Environmental Department, 11180 Thompson Ave ., Lenexa; (3) KDHE Northwest District Office, 2301 E. 13th, Hays; (4) KDHE North Central District Office, 2501 Market Place, Suite D, Salina; (5) KDHE Northeast District Office, 800W . 24th, Lawrence; (6) KDHE Southeast District Office, 1500 W . 7th, Chanute; (7) WichitaSedgwick County Department of Community Health, 1900 E. 9th, Wichita

; (8) KDHE Southwest District Office, 302 W . McArtor Road, Dodge City; and (9) Curtis State Office Building, 1000S .W .Jackson, Suite 310, Topeka. The plan also is posted on the Bureau of Air and Radiation's Web site at http://www .kdheks.gov/bar/'uldex.html . Comments fromthe interested public should be addressed to the Kansas Department of Health and Environment, Bureau of Air and Radiation, Attention : Douglas L

. Watson, 1000 S.W

. Jackson, Suite 310, Topeka, 66612-1366. Comments must be received by the Bureau of Air and Radiation not later than the dose of business December 20 to assure full consideration of this proposed revision to the SIP . Any individual with a disability may request accommodation in order to participate in the public hearingand may request the proposed plan in accessible format . Requests for accommodation should be made at least five working days in advance of the hearing by contacting Douglas L

. Watson at (785) 296-0910 .

Doc No . 033824 Roderick L . Bremby Secretary of Health and Environment State of Kansas 

### Department of Health and Environment Notice of Hearings The Kansas Department of Health and Environment has prepared proposed Kansas Water Pollution Control Permits, A-KSGE-H002, for F &RSwine, Inc., and KSGEH003, F & RSwine, Inc. (Caley Site), both located near Dwight. The proposed permit is a renewal permit for F & R Swine, Inc

. for a waste control system for a confined feeding facility with a capacity for up to 12,900 head (3,000 animal units) of swine. The facilityis located in the Southwest Quarter of Section 01, Township 13 South, Range 7 East in Geary County

. The public was informed of the availability of the proposed agricultural waste control permit for F & RSwine, Inc . through Public Notice No. KS-AG-06-329, dated September 14, 2006. The proposed permit for F &RSwine, Inc . (Caley Site) is for awastecontrol system for aconfined feedingfacility with a capacity for up to 4,000 head (1,600 animal units) of swine weighing more than 55 pounds each . The proposed facility will be located in the Southwest Quarter of Section 8, Township 13 South, Range 8 East in Geary County. The public was informed of the availability of the proposed agricultural waste control permit for F &R Swine, Inc

. (Caley Site) through Public Notice No . KSAG-06-330, dated September 14, 2006. Two public hearings have been scheduled in conformance with KA

.R 28-16-61 . The public hearing on the proposed permit for F &RSwine, Inc . has beenscheduled for 5 p.m

. Tuesday, December 19, at the Dorothy Bramlage Public Library, 230West St ., Junction City. Thepublic hearing on the proposed permit for F &RSwine, Inc. (Caley Site) will immediately follow . Copies of the permit application, the proposed KDHE permit and other pertinent documents maybe requested by contacting KDHE, Livestock Waste Management Section, 1000 S

.W . Jackson, Suite 420, Topeka, 66612-1367, (785) 296-6432 or fax (785) 296-5509. Appropriate copying chargeswill be assessed for each request. In addition, the same documents maybe viewed at the KDHE NorthCentral District Office, 2501 Market Place, Suites D&E, Salina. Persons wishing to comment on the proposed permits may do so at the public hearing or may submit written statements to KDHE at theTopeka address above by December 19. It is recommended that persons wishing to speak at the public hearing supply the hearing officer with awrittencopy of thetestimony the nightof the hearing . Any individual with a disability may request accommodation in order to participate in the public hearing process and may request the proposed permits in an accessible format. Requests for accommodation should be made atleast five workingdays in advanceof the hearing by contacting KDHE at theTopeka address above . The Secretary of Health and Environment will make a final permit decision after consideration of applicable requirements of state statutes and regulations and com

### oK . suSecret, :,,ofState2006 Vol . 25, No . 46, November 16, 2006AFFIDAVIT OF PUBLICATION State of Kansas, Ellis County, ss:

Mary Karst beingfirst duly sworn, deposes and says: That he/she is Advertising Manager of THE HAYS DAILY NEWS, a daily newspaper printed in the State of Kansas, and published in and of general circulation in Ellis County, Kansas, with a general paid circulation on a yearly basis in Ellis County, Kansas, and that said newspaper is not a trade, religious or fraternal publication. Said newspaper is published daily, except Saturday, is published at least weekly 50 times a year ; has been so published continuously and uninterrupted in said county and state for a period of more than five years prior to the first publication of said notice; and has been admitted at the post office of Hays in said county as second class matter . That the attached notice is a true copy therof and was published in the regular and entire issue ofsaid newspaper for 1 consecutive day, the first publication thereof being made as aforesaid on the 16th day of November, 2006, with subsequent publications being made on the following dates:

20_ 20_ 20_ 20_ 20 20

Subscribed and sworn to before me this 16th day ofNovmber, 2006.

Notary Public My Appointment expires 5-28-09 Printer's Fee. .. .. . . .. . . . . . .. .. . . . . . . .. .. .. . . .. . $86.10 Additional copies . . . .. . . .. .. . . . . . . .. .. .. . . .. . $ } Total Fee. . . . .. .. .. . . .. . . .. . . .. .. . . . . . . .. .. .. .. .. . $86.10 (Published in The Hays Daily News November 16, 2006)

State of Kansas Department of Health and Environment Notice of Public Hearing The Kansas Department of Health and Environment is proposing to revise the State of Kansas implementation Plan for the Attainment and Maintenance of National Ambient Air Ouality Standards

. The hearing for this action will be hold December 20, 2006, at 10:00AM, at the Curtis State Office Building, Taligrass Room (3rd Floor) 1000 SW

Jackson, Topeka, Kansas. Specifically, the Department is proposing to adopt an update to the state air quality implementation plan (SIP) . The SIP update fulfills the requirements of section 110(a) (2) (D) (i) of the Clean Air Act which requires states to address the impacts of interstate transport of-air-pollutants

. The SIP update confirms that Kansas emission sources do not significantly contribute to areas in nonattainment of the National Ambient Air Quality Standards (NAAQs) in other states. These findings were demonstrated in the modeling performed for the Clean Air Interstate Rule (CAIR) issued by the US Environmental Protection Agency (EPA) on March 10, 2006 . This proposed SIPrevision does not include any rulemaking action. Details concerning this revision can be obtained by contacting Douglas L . Watson, Kansas Department of Health and Environment, Bureau of Air and Radiation, at (785) 296-0910 . Copies of the proposed Plan may also be viewed at the following locations: (1) Department of Air Quality, Unified Government of Wyandotte County - Kansas City, Kansas Health Department, 619AnnAvenue, Kansas City, Kansas, ~ (2) Johnson County Environmental Department, 11180 Thompson Avenue, Lenexa, Kansas, (3) KDHE Northwest District Office, 2301 E . 13th St., Hays, KS, (4) KDHE North Central District Office, 2501 Market Place Ste

. D, Salina, KS, (5) KDHE Northeast District Office, 800 W . 24th St., Lawrence, KS, (6) KDHE Southeast District Office, 1500 W . 7th St., Chanute, KS, (7) WichitaSedgwick County Dept. of Community Health, 1900 E

. 9th St ., Wichita, KS, (8) KDHE Southwest District Office, 302 W . McArtor Rd., Dodge City, KS, and (9) Curtis State Office Building, 1000 SWJackson St., Ste. 310, Topeka, KS. The Plan is also posted on the Bureau of Air and Radiation's Web site at httnJ/www

.kdheks 2U/bar/index html . Comments fromthe interested sted public should be addressed to the Kansas Department of Health and Environment, Bureau of Air and Radiation, Attention: Douglas L. Watson, 1000 SW

Jackson, Suite 310, Topeka, KS 66612-1366. Comments must be received by the Bureau ofAir and Radiation no later than the close of business on December 20, 2006 to assure full consideration of this proposed revision to the SIP . Any individual with a disability may request accommodations In order to participate In the public hearing and may request the proposed plan in accessible format . Requests for accommodation to participate in the hearing should be made at least five working days in advance of the hearing by contacting Douglas L. Watson, (785) 296-0910.

Roderick L. Bremby Secretary of Health and Environmentr

PROOF OF PUBLICATION te of Kansas, Ford County, SS . Dodge City Daily Globe --------------------------------------------------+---------------------------

DIV OF ENVIRONMENT SUPPORT SVC KS DEPT OF HEALTH & ENVIRONMENT ATTN : DEBBIE LUSBY 1000 SW JACKSON, SUITE 320 TOPEKA KS 66612-1367

REFERENCE : 8042

46677 Hearing-Air Quality I II i I I I I I I I I David Meadows Of lawful age, being duly sworn uponj oath, states that he is the Publisher of the DODGEI CITY DAILY GLOBE . I THAT said newspaper has been published at weekly fifty(50) times a year and has been published for at least five years prior to first publication of the attached notice ; least so the I I I

T said paper was entered as second class mail I : dtter at the post office of its publication ; THAT said paper has a general paid circulation on a daily, or weekly, or yearly basis in FORD COUNTY1 KANSAS, and is NOT a trade, religious or fraternall publication and has been PRINTED and published in FORD COUNTY, KANSAS. THE ATTACHED was published on the following dates in a regular issue of said paper :

(sign) PUBLISHED ON : 11/16 I

I I I ( I I TOTAL COST : 48 .10 AD SPACE : 9 .250 INCHI FILED ON : 11/16/06 (First published in the Dodge City Daily Globe on Thursday, November 16, 2006)

State of Kansas Department of Health and Environment Notice of Public Hearing The Kansas Department of Health and Environmentis proposing to revise the State of Kansas Implementation Plan for theAttainment and Mainteriarace of Naticinal :Pirnbient Air Quality Standailds:Tiieheacing forthis action will beheld DeciiirnbeT20

:;2006, at 10:00AM, attlis buPtiiState Office Building,Tallgrass R~m

(Sid :Floor)"1bo0 SW

Jackson, Topeka, .KaiS§as. Specifically,the Department is proposing to adoptan up- . date tothestate airquality implementafibn plan (Sio

. TheSIPupdate fulfills the requiFemerltf(' :ofsecHon, .,110(a) (2) (D) (i) of & FCleeita;Air Act which requires states to _~~'addressthe.impacts of interstate t~'atispGrtofa"it ~ioltUtents. The SIPupdate ~~fnns that f03nsas emission sources do notsignificantly contribute to areas in noriattainment of the NationalAmbient Air Quality Standards (NAAQs) in other states. These-findings were,demonstrated in the modeling performed forthe Clean Air Interstate Rule (CA'IR) issued by the U .S Environmental Protection Agency (EPA) on March '10

;2006 . Tfvs proposed SIPrevision does not include any rulemaking action. Details concerning this revision can be obtained by contacting Douglas L . Watson, Kansas Department of Health and Environment, Bureau ofAir and Radiation, at (785) 296-0910. Copies of the proposed Plan mayalso be viewed at the fol- . lowing locations

: (1 .) Department of Air Quality, Unified GovQmmentof Wyandotte County - Kansas City, Kansas Health Department;619AnnAvenue, - _ Kansas City, Kansas, (?.).,Johnson County Environmental Department, 11180 Thorimpson Avenue, Lenexa, Kansas, (3 .) KDHE Northwest District Office, 2301 E . 13th St., Hays, KS, (4.) KDHE North Central District Office, 2501 Market Place Ste. D, Saliraa, KS,J5.) KDHE Northeast Distridt Office, 800

W . 24th St ., Lawrence, KS, (6 .) KDHE. Southeast District Office, 1500W . 7th St. ; Chanute, KS, (7.) Wichita-Sedgwidc County Dept of Community Health, 1900 E. 9th St., Wichita, KS, (8.) KDHE Southwest

.District Office, 302W . McArtorRd., Dodge City, KS, and (9 .) Curtis State Office Building, 1000SW Jackson St., Ste

. 310, Topeka, KS. The Plan is also posted on the Bureau of Air and Radiation's ierebsfte at http://www

.kdheks.govbarlndex .html . Comments fromthe interested public should be addressed to the Kansas Department of Health and Environment, Bureau of Air and Radiation,Attention : Douglas L

.;Watson, 1000 SW

Jackson, Suite 310, Topeka, KS 66612-1366 . Comments . mustbe received by the Bureau'of Air and'Radiation no later than the close of business.on December 20, 2006to assure full consideration of this proposed revisionto the SIP

. ' Any individual with a disability may request accommodations in order to participate in the public hearing andmay request the proposed plan in accessible format. Requests for accommodation to participate in the hearing should be made at least fiveworking days in advance of the hearing by contacting Douglas L. Watson, (785) 296-0910. 1TThur --------------------------------------------------+---------------------------

# \ 11

# THE 

# ,,AC1~~iL'U~L ~onine.com AFFIDAVIT OF PUBLICATION STATE OF KANSAS, SHAWNEE COUNTY, Karen Yost, being first duly sworn, deposes and says: That She is the Legal Clerk ofthe TOPEKACAPITAL-JOURNAL, a daily newspaper printed in the State ofKansas, and published in and ofgeneral circulation in SHAWNEE County, Kansas, with a general paid circulation on a monthly basis in SHAWNEE County, Kansas, and that said newspaper is not a trade, religious Or fraternal publication. Said newspaper is a daily published at least 50 times a year', has been so published continuously and uninterruptedly in said county and state for a period ofmore than five years prior to the first publication ofsaid notice; and has been admitted at the post office of Topeka in said County as second class matter . That the attached notice is a true copy thereof and was published the regular and entire issues of said newspaper for one consecutive day, the first publication thereofbeing made as aforesaid on the _l6 day of November, 2006 with subsequent publications being made on the following dates:

Subscribed and sworn before me this _15th day of December, 2006

My commission expires: Printer's Fee$ Additional Copies: $_

AMY S. NICHOLSON MY COMMISSION EXPIRES

(D G ..,+, . . .:, : No. 951

Top(ek~a capital

Jo~urnai Thurs-, Nov

. 16, 2006) : : 516fe d1Ca11s6s "- ' o~11001116

; pn1Reof POW

.Reurins The Ifaiiscs :Deoartment <= at-Heqith

.and Envih - ronrnent-is-rapposin9 ~ tort-Vise-111W

:State of - 'Kaiiscs linpiemehtatioin Plan,for-the ' At,taininent and Ma7nfie-1ionce of -` Iiatiaribi .Amblent Alr . "` Quality Standards. '~ The hearin0for this-

. . action will be held

., December 4U 1006, at 10r-00- AA' : a-t the Cutis, State

. Office

.: Building . ;

Ta110rass ' 'Rbsm-t3th'- F1oor1 : :1008,,SWJackson, - Tap .eka ;'_Kopsds . Specifida

.ly_ . : the Devar .tmefit s vro-

- : t+dsin9,7o adopt an v date .to .fhestate a()tfi!lMpiertienYa,lloli piari,1S,iP) . - TJ~e~S1A,#rwdate-lui-

, fii~s".dhesrea~iirriri+esaxs'"of.section illp(a)dxMD)(() of the , 'Clean Air Act which iesivires .states -to address ;,ihe;impasts :of: =im,t e r s~t .a_t e transport Of air Pollutantss:°-,The .SIP

, vpdate-confiYms.that-

. Kdns'as."em)sslon. ~ 4-snaurnts

id,e not si9- ii3caXcontribute "-3- .Ta-areas~ln nuna,- . ' falnment-of the '~ NaYidnal-Ambient Air `-- Quality, Standards ` `tNAA~s)ifl a'ther statel'i ~~;,These findings weredemon

r

- :strated in the mod- " Win Dpertatmed..for 11 ie'Ciemi Alt inleitT state RuJe (CA1R) issued; .by

:l .he US E_ ir ental Pro- .1ec1Io'0.,'AV*pcV (Ep, ~)- , , 0-rcII-10

. gnP ~ , _., -i~'Jndlude-~on*'rul6z maunv,~ ac,11on.' thivrevision can be obtained by conWatson, Kansas Department of Health "diEnviranment, BijU. . af- AIr and Radlation, :,at 1785) 2%-091M

'.Copies of the-proposed Plan may also.beviewed at the,followino locat, .l a n $"I - ( 1' . ) Department of Air Quality, Unified Goverriment of,Wyondotte County-Konsas Cltyi Kansas Health Department, 619Ann Avenue, Kansas City, Konsasi (2

.) Johnson County Envir

.onmental Department, 11180 Thompson Avenue" Lenexa, fi r I&W110VI Obt onsas, (3) KDHE ' Northwest District office, 2301 E. 13th St ., Hays, KS, (1) KDHE North Central District Office. 2501 Market Place Ste

. D, Salina, KS, (5) KDIiE Northeast District Office. 800 W

. 24th St ., Lawrence, KS, (6) KDHE Southeast ° District Office, 1500 K . S h St ., Ctlia ~

te~ Wichita-Sedowick county Dept of Community Health. 1900 E . 9th St ., Wichita, KS. (8) KDHE Southwest District Office, 302W

. McArtor Rd., Dodge C(tY KS, and (9) Curtfs State Office Building, 1000 SW Jackson St- Ste.310, Topeka, K~. The

, Plan is also postedon the Bureau of Air and Radiation's website h tpa/www

.kdheks.9o vlbaNindex .html . Comments fromthe ' interested Public ' ` should be addressed to-the Kansas Department of Health and Environment, Bureau of Air and Radiation, Attention: Douglas L: Watson, 1000 SW

Jackson, suite 310, Topeka, KS 66612-1366. Comments must be 'received by the Bureau of Air and Radiation no later than the close of b-usiness on December 20, 2006 to assure full consideration of this proposed revision to the SIP . Any Individual with a disability mav request .accommodations in order to participate (n the public hearing and May request the proposed plan in accessible format. Requests for accommodation to participate in the hearing should be made at least five working days in -advance of the hearing by contacting Douglas L. Watson, (785) 29lr0910 . Roderick L, Bremby Secretary of Health and

Environment

S b e

### AFFIDAVIT

STATE OF KANSAS \ - SS . County of Sedgwick / Milt Mounts, of lawful age, being first duly sworn, deposeth and saith: That he is Record Cle_rk of The Wichita Eagle, a daily newspaper published in the City of Wichita, County of Sedgwick, State of Kansas, and having a general paid circulation on a daily basis in said County, which said newspaper has been continuously and uninterruptedly published in said County for more than one year prior to thefirst publication of thenotice hereinafter mentioned, and which said newspaper has been entered as second class mail matter at the United States Post Office in lMchita, Kansas, and which said newspaper is not a trade, religious or fraternal publication and that a notice of a true copy is hereto attached was published in the regular and entire Morning issue of said TheWichita Eagle for _1_ consecutive issues -weeks, that the first publication of said notice was made as aforesaid on the 6t ay of 

## November A

.D. 2006 . with subsequent publications being made on the following dates: Andaffiant further says that he has personal knowledge of thestatements above set forth and that they are true.

Subscribed and swornto before me this I,4otary Public Sedgwick County, K

DANNAM . INGRAM NOTARY PUBUC STATE OF KANSAS My h,ppt . Exp

. Q"Z4 '4 

## =U`g B ~Ci~TtO Publishad ih thesmphita Eagle

Ire"on-L The .,,K . a .0"Lpen Vnippt . as, EnVFr'Wwn9'wW inb to! Kanses .-Nin Mphktl&~ .' i4

. ..MIA atio Attain '415U a

i a'~. ;dft ( The-, S IR qualitt IMOI~ Ot*hI0 . reii-AM--Jiiiiiiets . .of _95WC 1 . , -dt - lfifj~*.;T!Vrwiip~iot fil" a u~datff,c~ tM a

Untitca

- otj r noon4ainvnew- --In 01 n- the 7 Tfjea- .fIffdIh99-- a-- ffddenhw Mi .- - .- *,- . - US -Intmtat&-RuIe-_4C . I on __nj&onrnen1a1 ."_ I J . ,F -tt nakffi 0 H ;a no , ndWe'any ,nI -4111S ikit ad BijlreaUi an _71y, alio .. be-,-_jjeWjd_ ikL -the V Irmint of- Air QuMtyl ipi a s:- . cg- .Wy db _K_

- sit i ohrtrow rOP -T [-'.KbRE"1*0hW 1 .71PI&Id, ce,

--(A . ~Kt>RE, North. --Al ic '66

;- S"reiW .--_BIttftM .7thV46!a Ks' _and -'ste : 1-i S I .- ;BU I- DOWSM .- -PW%-aIW-'Po5 t'r ak Radiation' c6oinen!s - j Ande)LI . 0 th~and ariment t En'46ili I" ur a A ~uj _a ff .l ;T. 6 A" :- -I36& . :.,coM!n ~1

. A~ Rai 6 nj Wdeiriflon of Eo D lia -may,request jtIcIo4te:Jntbe C b7 art a WX i . . . .. . . at W eta of Heelth and Enyironment

Printer's Fee

### PROOF OF PUBLICAtION

, of lawful age, being duty

sworn, says ' at__he is ~ of The Kansas City Kansan, a daily newspaper printed and published a e~ 'tyof Kansas City, Wyandotte C6unty, State of Kansas. which newspaper has a general circu1ation and has been admitted tD

. the mails as second class matter in said county, and has published therein duririg a period of more than.one year prior to the first publication of the legal notice hereto annexed; that atfiant, of h . . own knowledge, ks that the printeri noti .\N, . s published in each and every issue of The KansaS City Kansan forconsecutive as follows: .

o,r. Stale of Kansas DeperImsM of Healthand Environment Nodce of Public Hearing The Kansas Department of Health and Environment Is proposing to revise the Stewof Kansas --implementation Pen for the Affamment end Maintenance of National AmbientAir Oualltystandards. The hearing for this -action will be-hekl December 20, -2006, at 10 :00 AM, at the Curlis. State Office Building, Tall grass Room '3rd Floor) 1000 SW

Jackson; Topeka, Kansas . Specifically, the fs

## ~~

ng to edopt an update to the air quality impIeinerda8on an (SIP . The SIP update fulfills the requirements of section '11 

## (aK' ) (2)-~b) (u ~ the Clean Air Ad which requires states to address the mpads of Interstate transport of air pollu- "vnts : The SIP update confirms that Kansas omission sources do tsignl6caiiCy contribute to areas in nonattainment of the NationArribierR Air f]uellly Standards (NAAQs) In other states. These ndings. were demonstrated hi .the modeling performed for the i Clean Air Interstate Rule (CAIR) Issued by the US Environmental I'=A ency (EPA) on March' i%2008. This proposed SIP rerrot indude any rulemaking adion. Details concerrring this revision can be obtained by contacting Do uglas L Watson, Kansas Department of Health and Environment, Bureau d I Air and Radiation, at (785) 295-0910 . Copies of the proposed Plan ~i may also be viewed at the following locations: (1 .) Department of Air by, UnHfed Government of W yandotte County- Kansas Gty, Kanamhleallh Department, 619 Ann Avenue, Kansas City Kansas, (2

.) Johnaon County Environmental De partment, 11180 Tfwm ~on Avenus Lenexa, Kansas, (3 .) KDH Northwest District Ollice, 2301 E. 13th St, Hays, KS, (4 . ) KDHE North Central District OIOcA,'2501 Market Place Ste. D, salina, KS, (5.) KDHE Northeast District Office, B00 W . 24th St ., Lawrence, KS, (6 .) KDHE Southeast District Offioe, 1500 W . 7th St, Chanute, KS, 9 Wlchft&-SedgwlckCoun%De6pt of Community Health, 19DO E. -h) SL, Wichita, KS, 8

.) KD E Duthwest District Office, 302 W . McArtDr Rd., Dodge Ally, KS, and (9 .) Curbs State Office Building, 1Q00 SW

Jadcson .St, Ste. 310, Topeka, KS. The Planis also posted pn the Bureau d Air and Radiation's website, at p~pJ/www

.kdh6fuE,g¢vfi'snlnaejtmi . Commenfs from the interested public should be addressed to the Kansas Department of Health and Environment, Bureau of Air and Radiation, Attention: IDoiiglas Watson, 1000 SW Jackson, Suite 310, Topeka, KS 666f21366. Comments must be received by the Bureau of Air and Radiation no later than the dose of business on December 20, 2005 to assure tug consideration of this proposed revision to ft SIP . Any Individual with a disabillly may request accommodations In order to participate In the puWic hearing and may reque tie proposed plan in accessible format Requestsfor accommodatfon to days _pate In the hearing should be made at leastfiveworkIa(785) 2g6-09

0 . Roderkk hearing L Breymtry, Secretary g

of Health and I Environmant 

### First publication was made on thALAay o~2Cho . Second publication was made on th e d ay otr.-_2B . Third publication was made on th e,_ day of 20 Fourth publication was. made on the ay o(-~- 20 Fifth publication was made on the ._.__Ii ay o

t._____Z0 

### Sixth publication was made on the ay ot _20_ Seventh publication was made on~tha_L__slay of 20 Eighth publication was made on the ay of- 20 Ninth publication was made on the . -~ay ot.- .- ._20 Tenth publication was made on the,_---sl ay ot.---20 Printer's Fee $j



### SUBSCRIBEDANDSWORN . TObefore me this ' 16th ~ ~ DAY OF N°vember . My Commission Expires July 20, 200801/04/2007 15 :52 FAX 7858236634 SALINA JOURNAL Z002



# Publisher'~~ Affidavit 1, Ann Garrison , being duly sworn declare that I am

the Major/National Accounts of THE SALINA JOURNAL, a daily newspaper published at Salina, Saline County, Kansas, and of general circulation in said county, which newspaper has been admitted to the maifs as second class matter in said county, and continuolasly and uninterruptedly published for five consecutive years prior to first publication of attached notice, and that the

Air uality Standards Notice has been correctly published in the entire issues of said newspaper one time, publication being given in the issue of November 16 __ 20 06 Subscribed and sworn to befcre me, this __L r

NOTARY PUBLIC - ;Btate of Kensatr WENdYCHROBAK My Appt. Exp. 2- 44 -D $ Sdna Joiumal Ncvemba

JB, 2008) t:MiEa of Kaeaaa ; Dapartmenf of Health, . and flnviUentfient. NcN¢a al Pubifn.Hiarinp. Thd;Kanaaa Depertmerq of ;Health and Ejirlronrnent Is proposing to 'r*vW* thli-'Slafs a of Kamm IffoiamiAlaffon 4 fmft AnothmOnt and P MaInfanarm

of NationefArtsbiant Air Quality Sbvxkr*. : The hdatingi . for this action will . be hold Decembee.20, %2008, at 10

:00 AM, 16 the ; Curtle .Btate OHke Building, 'TaNy'raes Rcom (Sih .Pkocr) I1000 SW

Jackson, Topeka, . 1Kansaa: Specifically, the' DaIparlrnent -(a pr'opaathq to adopt an update to the,etate :.air q uallly. Impkanarntatlon .plan (SIP) . The SIP 6pdafs 1 'fulftla the reclufrefflants, .01 1 0(a)(2)p)(1) of ths . 9=AIrlAct which requires iWas to -addibes" thi -Impacts of Interstate transport 'of air pollutants, Trio $110 up. Idate oonnrme that Kan sas ernloalon eourdaa dd-nb1 alpntfleantly cohtrlbute to'areas 1Iri, nonettalnmsttf Of the Na- ~tlondl ~Arnplsnt Air Quality Standards (NAAQa) In other states. Theae findings were Idemonetrated In the modal- ; Mp portorined for the Clsan :Air Interstate Rule{CAIR) .Is- 'sued b y the US Envlronman- . tai protaatloii Apenoy (EPA) on March 10,2008

. This pro~osad 81Prbvbion does not MAO

, any, rule making Won

..-. Det~llls . : his ihie jevlalon ~n be obtalnsd by contacting Douglas L

. Watson, Kansas I Depame,nt of Health and Environment, 8ureau of Air land RadIaNon, .at (7®8) 288- ~0810 . Copies o1 the proposad Plan may also be viewed at the foa1owirrp.loca" ~ tlona : (1 .) Department of Air Quality, UnIHed oovemmenl ; ~of.Wyendotta County -Kan- . ,eas City, Kansas Health

. Do-* B16 Ann Avenue,

, Kansas .M, .. Kansae, (2) Johneon County ' Envlron- ~ mantel Department, 1 .1180

. Thompeon Avenue, l :enexa, Kansas, (3) . KDHE North- % 'mg MW

Offte, 2$01 E

. ao.k IN sre- ara M KDHE "North Cernral MIslrbt fNa

. 2601 Market Plasa I to . D, Saltria, .KB, (B) KDHE' IqIDteeat DIatrk:t Qltloo, 8951 W ...,%atH Bt ., tJawat,es, Ks; ~coHS ::. . ~tna; ! nuls; KB,~ (7)' Wl6hsti-Sedp= pv(qk Coun1y Dapt et Cam . nltlfilty Heallh: 180D 6

. 61h SL, Wlalike

: K8, ;(8) iGmHEi, ; Bomihweat DIaMat Office, ;! i 30fl W . McAr6t- Rd.. bodae' txA!~ KS, and (~~

Cu~0'S®1M! ,1Dat~Ookeoa a~t1+t0, 80ps: . at, KS. 'IRre Pl91~ Itx

. Akaq

. pot+tid 01 to Burasu ot'Alr 'and .RadkQ1q l~'xveh9lEa a(:

comments from'

,ths. interested .-publib should to addressed to,the Kaneas" I Department or .-Heanh a0 Envlrorynant, Bureau of ,Air and . 1-1arJiatlon; : ARtIlatlon; Douglas L. MAfaon; 1006 SW Jackson

; Suite 395, TOpowi.,: K~nE-i3®ta. ~Commerrl4 muat tie rooeivqll by' tha IBurae,u or Air snd Radlatlor . .,no later than the donof biisihses .,on December' 20, 29", to 98sups rtdl oorteider- ,aNnr c( tfils.;proposed rav1- slCq~ tothe SIP

. ' +M :ty hldMdual with a' diseblNth m~y requesl a~m~oda}(bna M

OrC6rto te In !he public hearing

; and mey rsquaet .the prol5daad p lari In < accessible' fwnet. Requeate, for qooomorndda= tlbn,to partlofpale In the hearIns ahoakJ be made at-leaal flue woitdng days In advance ot ilhe Itearlap by contqatlnp Pa:rplas L. Watson, (788) xW-oea0 . Roqlerlok L

. Bremb y : SeorstarX of Health and ~mArOnraent (1t)01104l2007 16:05 6204322635 CHANUTE TRIBUNE 

# CjiL; Affidavit of Publication c*~ -,ATE OF KANSAS, NEOSHOCOUNTY, ss: Debbie Beck, being first duty sworn, deposes and says: That she is Classified Manager of THE CFYANUTE TRIBUNE, a daily newspaper printed in the State of Kansas, and published in and of general circulation in Neosho County, Kansas, with a general paid circulation on a daily basis in Neosho County, Kansas, and that said newspaper is not a trade, religious or fraternal publication. Said newspaper is a daily published at least weekly 50 times a year: has been so published continuously and uninterruptedly in said ecnmty and state for a period of more than five years prior to the first publication of said notice; and has been admitted at. the post office of Chanute, in said county as second class matter. That the attached notice is a true copy thereof and was published in the regular and entire issue of said newspaper for _L consecutiVe ~_~ , the first publication thereof being made as aforesaid on the , I ( .b _ day of NoJ 2006, with subsequent publications being made on the following dates: -2006 

### , 2006

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- .1101/04/2007 16:05 6204312635 CHANUTE TRIBUNE PAGE 03

(Published In the Chanule Tribune on Nov, 16, 2008) Stile ol'Kinsis Department of Health And Environment Nqticc or PubliG I lpnrinF! 'r nsait r)cparttncttt nr Health n ~ironrncnt is proposing to rco , the State of Kansas Imple" mentation Plan for the Attainment an(1 Maintennnx of Nurional Ambient Air Ottality Standards. The hearing for Ihic aclirnl will he hot([ December 20, 2006, at 10 :00 AM, at thc Curtis Statc t)fficc Building, Tallgrass Room(3rd Floor) It100 SW

Jackson, Topeka, Kansas . specifically, (he Department i3 prdrtpening fit ndqit an update to the state air quality implcmen(alion plan ($II'), The SIP ttpdatc f%rllills the raquircmcnta of scetion I 10(a) (2) (D) (1) of tlic Clean Air Act which reqnirc. Ftntcs to addrcss (he impacts of inlcrstntc trant;porl of air pnllutnnts

. The SIP updnte confirms the Kansas emission souroos du Wit silmiicantly contribute to areas in nonatni,mcnt of Ihc National Ambient Air Ouality Standards (NAAOS) in either states, Thcse finAin!rx were dcmonslrated in the modclinp pcrformcd for the Cican Air lnlcr.¢talc RLde (CAIR) iicsned hy Fhc US rnvironmental Protection Altency (EPA) on March 10, 200G. This proposed SIP revision drics not include any ndcmnking actinn, Details concerning this~rcviaion can be obtained hv cornnaetinlt bouglas L, W

:,r :on, Kansas Dcpartmcnt of Hcnlth and Environmcnt, Burcan of Air and Itadinlion, at (7Ri) .'t9f9.0910, Copies of the propoccd Plan ma,v also hr viewed at the following Incnrinns; (I .) 1)c111Plment of Air £ltunhty, I .In"`-e Covcrnmcnt of Wind- ~unlV - Kin.-

c mCity, Knn" As Illt Ucparlmant, ri19 Ann Av"i'irTi¢, I,anesn, Kansas, (1) KI3I IR Nnrtllwc,t District Offilec, 2 .301 E. 13th St ., Hays, Ka, (a) KDI-IF Norlh Cenir-.d [)ictricl 01= ficc, 2501 Mirkcl Plncc Stc. D, 8olina, KS, (S) KDHI : Northenst District Offiec, RO(1 W, 24th St ., I .nwrencc, KS. (() KDHE Sninhcasl District t)IYicc, 1500 W . 71h SI ., Chnnntc. KS, (7) Wichiln-Scdg-ick Cakinly Dept or Cotntnunitv Ilcalth, 1900 E. 9Ih SI , WichiM, KS. ($) I(DI-IE Soullhwc:at I)i5lrict OIFec, :i02 W . MOArlor Rd., Dodge City, K$, nnd (?) Curlis Same t71T,cc Building, 1000 SW

Jackson St , Sic. 31t1, Tnpckn, KS. The Plan 6 11W) posted on the (dnrenp of Air and 12 ;tdiatinn' ; wcbsile at httr:/Jsymy

. kdUuk:,yulh~fLinftcS, lutn.) Cnmmcnt : from Iht iNcr+ cstcd public shoLlId he addressed to the Kansas Department nr t-Ic1111, mid Environmctrl, Ilnrcna or Air and RadiaHnn, Ancntion! Douglaa I ., Wntson, 10011 tiW Jackson, Suite 310, 'rnpcklt. KS G6612-136G. Ctsmmcnls must hc received b,y the Burcnn irP Air rind Rndinlion no lalcr thnn the close orbnsinc%

.q (it, December 20, 200h In assorc full consideralinn or this proposed rcw~inn to the SIP. Any individual with n disability may reqnesl nccommodalinns in order to participale in [he public hcariall and rally rcqucst the prorinsed plnt1 in acc;cssihlc rnrmat . Rcqucats for accnmmodation to (>articipntc in thc hearing chould hi; -,+c at lensl flvc working dn' Ivancc nrthc hcarint; hy cn, It Dollpltv 1 . . Wntann, ( 7 Ril ~M-0910.

### Section T - Kansas SIP Revision Technical Support - Implementation Plan Revision, Interstate Transport for the National Ambient Air Quality Standards for 8-hour ozone and PM2,5 1 . Identification of all relevant pollutants affected by the plan. [Appendix Vto Part 51, Section 2.2(a)] The plan revision will principally address emissions ofozone precursors, volatile organic compounds (VOCs) and nitrogen oxides (NOx) and particles with an aerodynamic diameter less than or equal to a nominal 2.5 microns (PMz .s)- 2 . Identification of the location of affected sources including the EPA attainment/nonattainment designation of the locations and the status of the attainment plan for the affected area. [2.2(b)] The plan revision relates to all sources located within the boundaries ofthe state. 3 . Quantification of the changes in plan allowable emissions from the affected sources; estimates of changes in current actual emissions fromaffected sources or, where appropriate, quantification of changes on actual emissions fromaffected sources through calculations of the differences between certain baseline levels and allowable emissions anticipated as a result of the revision. [2.2(c)] No changes were made to this section. 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)] This information is contained in the work that was performed by the EPAfor the Clean Air Interstate Rule (CAIR) and augmented by information contained in this SIP revision. The state concurs with the EPA's determination that Kansas' emissions would not contribute significantly to downwind non-attainment areas for PMZ.5. Although modeling was not performed for Kansas by EPAunder CAIR for ozone nonattainment areas, the information submitted in this SIP revision shows that Kansas does not make a significant contribution to these areas.

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. Modeling information required to support the proposed revision, including input data, output data, models used,justification 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 analysis. [2.2(e)] This information is contained in the work that was performed by the EPAfor the Clean Air Interstate Rule . The state concurs with the EPA's determination that Kansas' emissions would not contribute significantlyto downwind nonattainment areas for PM2 .5. Although modeling was not performed for Kansas by EPAunder CAIR for ozone nonattainment areas, the information submitted in this SIPrevision shows that Kansas does not make a significant contribution to these areas. 6 . Evidence, where necessary, that emission limitations are based on continuous emission reduction technology. [2.2(f)] Not applicable 7. Evidence that the plan contains emissions limitations, work practice standards and recordkeeping/reporting requirements, where necessary, to ensure emission levels. [2.2(g)] Not applicable 8 . Compliance/enforcement strategies, including how compliance will be determined in practice. [2.2(h)] Not applicable 9 . Special economic and technologicaljustifications required by any applicable EPApolicies, or an explanation of why such justifications are not needed. [2.2(i)] Not applicable