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 r ~ v 1-0 

Department of Health and Environment 

Division of Environment 

Bureau of Air and Radiation 

(785) 296-1593 
TABLE OF CONTENTS 

SECTION 

P. Evidence That Regulations Have Been Adopted, and of 

Effective Date of Adopted Regulations 

Letter of Adoption 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 CFR Part 

51, Appendix V, Subsection 2.2(i) 
Description of Materials Required by 

40 CFR part 51, appendix V for Submittal 

Transmittal Letter 

1 .0 Contents 

Table of Contents 

Description of Materials Required 

2 .0 Administrative Materials 

Appendix V Requirement Documentation Provided in Submittal Submittal 

Section 

[Formal Letter] (2.1(a)) Letter of Transmittal - 

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 

implement plan (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 of the Response as appropriate. T 

location of affected sources 

under the plan (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 

technological justifications 

as needed, or explanation of 

why justification not needed 

(2 .2(i)) 
DECLARATION OF 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 Air Act (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 CFR Part 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 of Health and Environment on the Za x day of 

2006. 

Voderick L. Brem 

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

DIE 

ID 37 :D - 

l 0~ -?~ ,4 4 ' 4- izorcl-1- -,, * -X A 

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 term shall not include locomotives, 

diesel trucks or truck tractors unless otherwise re-

: (jtiired by the federal clean air act, as amended in 

.

.November 1990. 

g ) "Modify" or "modification," when used in 

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, partnership, firm, association, municipality, public or private corporation, subdivision or agency of the 

L state or federal government, trust, estate or any 

. oth_ei legal entity . 

'~J . . 

"Reopen" means to seek an amendment to 

:,an existing approval_or permit initiated by any per- 

~"son other than the permittee. . 

~~i(k) . "Secretary" means the secretary of health 

i~and ~t. environment. .+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 facilities ; control of water pollution 

~ :.by~secretary of Kansas Department of Health and Environ- ment. 2ppp-19 . 

' v

'65-3005 " . Powers of the secretary. The 

secretary shall have the power to : 

~~--~Ca) Adopt, amend and repeal rules and reguit ~~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 pror ;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' respective jurisdictions . 

(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 from public 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 necessary to, accomplish the purposes 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 made with 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. The secretary may require 

air contaminant emission sources to keep records 

and make reports consistent with the purposes of 

this act. . . . 

(c) Any person operating or responsible for 

the operation of *air contaminant sources of any 

class for which the rules and regulations of the 

secretary require reporting shall make reports 

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 aPP l'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, specification s;~ 

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 and without effect on its expiration dat f l, :. 

unless a completed application form and any re O i uired fee are filed with the secretary on or befo 

q 

the expiration date of the approval or the permiE 

For purposes of this subsection, the secretary may 

specify by rule and regulation an amount of tim" 

prior to the expiration date of an operating pertn~ 

by which 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 evan o aur p b y 

1-f f b ' mbled 

source co e 

-CA -- 1 t the secreta and receive authori ~ 

capa e o emg 

History: L. 1967, ch. 347, § 7; L. 1970, ch. 

must app y 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~ 

f a~~ 

Attorney General's Opinions : 

Confined swine feeding facilities ; 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 

ministeng n 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

.I.k .

210 
BEFORE THE KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT 

Proposed amendment of the Kansas Air Quality State Implementation Plan 

Report of the 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 . 

A copy 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 of Air 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 of Air and Radiation 

Topeka, KS 66612-1366 

Clark Duffy 

Kansas Department of Health and Environment 

Bureau of Air and Radiation 

Topeka, KS 66612-1366 

Vic Cooper 

Kansas Department of Health and Environment 

Bureau of Air 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 of Air 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 of pollutants as required by section 110(a)(2)(D)(i) of the Clean Air Act. 

(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, CAIR will reduce S02 emissions in these states by over 70 percent 

and NOX emissions by over 60 percent from 2003 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 CAA requires Kansas to submit 

a SIP that 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 SIP which contains adequate provisions : 

prohibiting . . .any source or other type of emissions activity within the State from emitting 

any air pollutant in amounts which will - 

(I) contribute significantly to nonattainment in, or interfere with maintenance by, 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 of the notice of hearing and 

the proposed SIP revision 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 SIP revision document includes these recommended changes. 

Respectfully submitted, 
Kansas Department of Health and Environment 

Bureau of Air 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 of changes 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 from the 

eastern portion of the state. Although the eastern portion of the state was 

included in the CA1R 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. 
Response #1 : The state concurs with EPA's comment and has revised the document 

to address impacts from eastern 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 2010 only identified 

Kenosha and Ozaukee as being ozone nonattainment receptors. Therefore, the 

state could make the argument that the trajectories from these two counties are 

most relevant to whether or not emissions from the 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 unclear to 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: 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 EGU as 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 of the 

document to address this comment. 

Comment #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, EPA Technical 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 

information should be revised accordingly. 

Response #5 : The state concurs with EPA's comment and has revised the document 

to address this comment. 
~~teo or. 

~~~\\\~~~//// 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 of Air and Radiation 

Kansas Department of Health 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 from the 

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 from these two counties are 

RECYCLE~* 

....,~.._ ..~.am .~~. 

7,f1 'd 5V :b L 900Z 6 L 380 trtrBL-LSS-E l6 :xe3 L N01938 b'd3 
most relevant to whether or not emissions from the 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 EGU as 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, EPA Technical 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 

CO 'd 5tr :b L qnn7. fi L oafi trbRJ-Lq4-R LR : xea 1 Nni 9aN N141 
O 

O 

N 

0 

N 

A 

. 

. 

.a 

a 

O 

E-+ 

x 

. 

0 0 . . 0 

0 

H 

aA 

U 

g 

O o 

"~ _ yY `~~,/~ 

- 

`R 

- S 

+~ r - - 

y ~ 3 

V 3 ' 4 

w -v `I 

` b 

JA ~, 

IN N" , 

v 

- . SL ~ 

s ( -~ ~ o _ 

~, ~ J~ lY1 

b 

o 

.~ ~ . 

. 

W 

o 

0 U - 

`~ ` ° 

I zt`~ 

" . 

z 
1628 Kansas Register 

Hearings 

State of Kansas 

Department of Health 

and Environment 

Notice of 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 

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, 1000 S.W. 

Jackson, Topeka. 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 

Pmicsion sources do not significantly 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 can be obtained by contacting Douglas L. Watson, KDHE, Bureau 

of Air and Radiation, at (785) 296-0910. Copies of the proposed plan also may be viewed at the following locations: 

(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, 800 W. 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, 1000 S.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 from the 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 hearing and 

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 & R Swine, Inc ., and KSGEH003, F & R Swine, 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 facility is 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 & R Swine, Inc. through Public Notice No. 

KS-AG-06-329, dated September 14, 2006. 

The proposed permit for F & R Swine, Inc. (Caley Site) 

is for a waste control system for a confined feeding facility 

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 & R Swine, Inc. has been scheduled 

for 5 p.m. Tuesday, December 19, at the Dorothy Bramlage Public Library, 230 West St ., Junction City. The public hearing on the proposed permit for F & R Swine, Inc. 

(Caley Site) will immediately follow. 

Copies of the permit application, the proposed KDHE 

permit and other pertinent documents may be 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 

charges will be assessed for each request. In addition, the 

same documents may be viewed at the KDHE North Central 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 the Topeka address above by December 19. It is recommended that persons wishing to 

speak at the public hearing supply the hearing officer 

with a written copy of the testimony the night of 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 at least five working days in advance of the hearing 

by contacting KDHE at the Topeka 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 como K. su Secret, :,, of State 2006 Vol. 25, No. 46, November 16, 2006 
AFFIDAVIT OF PUBLICATION 

State of Kansas, Ellis County, ss : 

Mary Karst 

being first 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 

of said 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 of Novmber, 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 :00 AM, 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 SIP revision 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, 619 Ann Avenue, 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 SW Jackson 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 from the 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 of Air 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 Environment 
r 

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 

I 

I 

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 Environment is proposing to 

revise the State of Kansas Implementation Plan for the Attainment and Mainteriarace of Naticinal :Pirnbient Air Quality 

Standailds: Tiie heacing for this action will 

beheld DeciiirnbeT 20:;2006, at 10 :00 AM, 

at tlis buPtii State Office Building, Tallgrass R~m (Sid :Floor)"1bo0 SW Jackson, Topeka, .KaiS§as . Specifically, the 

Department is proposing to adopt an up- . 

date to the state air quality implementafibn plan (Sio. The SIP update fulfills the 

requiFemerltf(':of secHon,.,110(a) (2) (D) (i) 

of &FCleeita;Air Act which requires states 

to _~~'addressthe .impacts of interstate 

t~'atispGrtof a"it ~ioltUtents. The SIP update 

~~fnns that f03nsas emission sources 

do not significantly contribute to areas in 

noriattainment 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 (CA'IR) issued by the 

U.S Environmental Protection Agency 

(EPA) on March '10; 2006. 

Tfvs proposed SIP revision 

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 fol- . 

lowing locations: (1 .) Department of Air 

Quality, Unified GovQmmentof Wyandotte County - Kansas City, Kansas 

Health Department; 619 Ann Avenue, - _ 

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, 

1500 W. 7th St. ; Chanute, KS, (7 .) Wichita-Sedgwidc 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 SW 

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 from the 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 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 . 

1T Thur 

--------------------------------------------------+--------------------------- 
\

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 of the TOPEKA CAPITAL-JOURNAL, 

a daily newspaper printed in the State of Kansas, and published 

in and of general 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 of more than five years prior to 

the first publication of said 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 thereof being 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 d 1Ca11s6s "- ' o~11001116; 

pn1Re of 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 hearin0 for this-

. . action will be held 

., December 4U 1006, at 

10r-00-AA': a-t the 

Cutis, State. Office 

.: Building .; Ta110rass 

' 'Rbsm-t3th'- F1oor1 

: :1008,,SW Jackson, 

- 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 were demonr 

- :strated in the mod-

"

Win D pertatmed..for 

11 tT ie'Ciemi Alt inleistate 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,11 on.' 

thiv revision 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 . be viewed 

at the,followino locat, .l a n $"I - ( 1' . ) 

Department of Air 

Quality, Unified Goverriment of,Wyondotte County-Konsas 

Cltyi Kansas Health 

Department, 619 Ann 

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, 302 W. 

McArtor Rd., Dodge 

C(tY KS, and (9) 

Curtfs State Office 

Building, 1000 SW 

Jackson St- Ste.310, 

Topeka, K~. The 

, Plan is also posted on 

the Bureau of Air and 

Radiation's website 

h tpa/www.kdheks.9o 

vlbaNindex .html . 

Comments from the 

' 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 the first publication of the notice 

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 The Wichita 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: 

And affiant further says that he has 

personal knowledge of the statements above 

set forth and that they are true . 

Subscribed and sworn to before me this 

I,4otary Public Sedgwick County, K 

DANNA M. INGRAM 

NOTARY PUBUC 

STATE OF KANSAS 

My h,ppt . Exp. Q"Z4 '4 

=U`g B~Ci~TtO 

Publishad ih the smphita 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 I R 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 

BijlreaU i an _71y, 

alio.. be-,-_jjeWjd_ ikL -the 

V ipi Irmint of- Air QuMtyl 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 

1-i -'ste: S I .- ;BU I- DOWSM.-

-PW%-aIW-'Po5 

t'r ak Radiation' c6oinen!s - j Ande)LI. 

0 

ariment th~and t 

En'46ili I" ur a 

A ~uj _a ff.l ;T. 6 A":- -I36&.:.,coM!n ~1

. 

A~ 

Rai 6 nj Eo Wdeiriflon of 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 Health and Environment 

Nodce of Public Hearing 

The Kansas Department of Health and Environment Is proposing 

to revise the Stew of Kansas --implementation Pen for the Affamment end Maintenance of National Ambient Air Ouallty standards. 

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 

t signl6caiiCy 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 Doug las 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 followin g locations: (1 .) Department of 

Air by, UnHfed Government of Wyandotte County- Kansas 

Gty, Kanam hleallh 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&-Sedgwlck Coun%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 

666f2 1366 . 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 Requests for accommodatfon to 

days 

_pate In the hearing should be made at least five workIa(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 day otr.-_2B . 

Third publication was made on th e,_ day of 20 

Fourth publication was. made on th e ay o(-~-20 

Fifth publication was made on the._.__Iiay ot._____Z0 

Sixth publication was made on th e ay ot _20_ 

Seventh publication was made on~tha_L__slay of 20 

Eighth publication was made on th e ay of- 20 

Ninth publication was made on the-~.

ay ot.-.-._20 

Tenth publication was made on the,_---slay ot.---20 

Printer's Fee $j 

SUBSCRIBED AND SWORN . 

TO before me this ' 16th ~ ~ DAY OF N°vember . 

My Commission Expires July 20, 2008 
01/04/2007 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 __Lr 

NOTARY PUBLIC - ;Btate of Kensatr 

WENdY CHROBAK 

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 

P 4 fm ft AnothmOnt and 

MaInfanarm of Nationef Artsbiant 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 quallly. 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 Kansas 

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 

I demonetrated In the modal-

; Mp portorined for the Clsan 

: Air Interstate Rule {CAIR). Is-

'sued by the US Envlronman-. 

tai protaatloii Apenoy (EPA) 

on March 10, 2008. 

This pro~osad 81P rbvbion 

does not MAO , any , rule 

making Won..- . Det~llls .: 

ihie his 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, 895 1 

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 (~~ 

,1Dat~Ookeoa Cu~0'S®1M! 

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" 

Department or .-Heanh a0 I 

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 don of 

biisihses .,on December' 20, 

29", to 98sups rtdl oorteider-

,aNnr c( tfils .;proposed rav1-

slCq~ to the 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 

plari 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. Bremby 

: SeorstarX of Health and 

~mArOnraent (1t) 
01104l2007 16 :05 6204322635 

CHANUTE TRIBUNE 

CjiL; Affidavit of Publication c*~ 

-,ATE OF KANSAS, NEOSHO COUNTY, 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 N o J 

2006, with subsequent publications being made on the following dates: 

-2006 , 2006 

Subscribed and sworn to and before me this 

Li Tt-k- day of 3- A)-4 ,~_ 2ofl"] 

NoEary Public 

My commission expires : May 12, 2010 

Printer's Fee . . . . . . . . . . . . . . . . . . . . . . . g 

Affidavit, Notary's Fee . . . . . . . .$~~iQQr 

Additional Copies . . . . . . . . . . . . . . . .$ 

Total Publication Fees : ; . . . .g_w8,?-`_~ 

1fQrplt~ Title - == 

ORUCE A. OYSE 

My qDPt E* -11_-.11 
01/04/2007 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 .-cm City, 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 11 W) 

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 

c n, It Dollpltv 1 . . Wntann, 

( 7 R i l ~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 V to 

Part 51, Section 2.2(a)] 

The plan revision will principally address emissions of ozone 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/non attainment 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 of the state. 

3. Quantification of the changes in plan allowable emissions from the affected 

sources; estimates of changes in current actual emissions from affected 

sources or, where appropriate, quantification of changes on 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)] 

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 EPA for 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 EPA under CAIR 

for ozone nonattainment areas, the information submitted in this SIP revision 

shows that Kansas does not make a significant contribution to these areas. 
5. 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 EPA for the 

Clean Air Interstate Rule . The state concurs with the EPA's determination that 

Kansas' emissions would not contribute significantly to downwind nonattainment areas for PM2.5 . Although modeling was not performed for Kansas by 

EPA under CAIR for ozone nonattainment areas, the information submitted in this 

SIP revision 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 technological justifications required by any applicable 

EPA policies, or an explanation of why such justifications are not needed. 

[2 .2(i)] 

Not applicable