Air Plan Approval; Missouri; Revision to Sulfur Dioxide Control Requirements for Lake Road Generating Facility, 27996-27998 [2019-12539]
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27996
Federal Register / Vol. 84, No. 116 / Monday, June 17, 2019 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2019–0289; FRL–9994–78–
Region 7]
Air Plan Approval; Missouri; Revision
to Sulfur Dioxide Control
Requirements for Lake Road
Generating Facility
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
khammond on DSKBBV9HB2PROD with PROPOSALS
I. Written Comments
The Environmental Protection
Agency (EPA) is proposing approval of
a State Implementation Plan (SIP)
revision submitted by the State of
Missouri on November 2, 2018. The
revision replaces a Consent Decree in
Missouri’s SIP with an Administrative
Order on Consent (AOC) between the
Missouri Department of Natural
Resources (MoDNR) and Kansas City
Power and Light (KCPL). The EPA is
also proposing to approve an
amendment to the AOC. This action
strengthens Missouri’s SIP by replacing
an outdated Consent Decree with an
AOC and its Amendment that reflect
current operating conditions at the
facility, and does not result in an
increase in sulfur dioxide (SO2)
emissions from the Lake Road
Generating Facility.
DATES: Comments must be received on
or before July 17, 2019.
ADDRESSES: You may send comments,
identified by Docket ID No. EPA–R07–
OAR–2019–0289 to https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Instructions: All submissions received
must include the Docket ID No. for this
rulemaking. Comments received will be
posted without change to https://
www.regulations.gov/, including any
personal information provided. For
detailed instructions on sending
comments and additional information
on the rulemaking process, see the
‘‘Written Comments’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Jonathan Meyer, Environmental
Protection Agency, Region 7 Office, Air
Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219;
telephone number (913) 551–7140;
email address meyer.jonathan@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
SUMMARY:
Table of Contents
I. Written Comments
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II. What is being addressed in this document?
A. 1997 Violation of the 1971 SO2 National
Ambient Air Quality Standards
(NAAQS)
B. Designation of Buchanan County for the
2010 SO2 NAAQS
C. 2015 Administrative Order on Consent
and 2018 Amendment
III. Have the requirements for approval of a
SIP revision been met?
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
Submit your comments, identified by
Docket ID No. EPA–R07–OAR–2019–
0289 at https://www.regulations.gov.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
II. What is being addressed in this
document?
The EPA is proposing to approve a
SIP revision submitted by the State of
Missouri on November 2, 2018. The
revision consists of an AOC between the
MoDNR and KCPL that limits emissions
SO2 from KCPL’s Lake Road Generating
facility in St. Joseph, Missouri, and an
Amendment to the AOC. The AOC and
its Amendment replace a Consent
Decree in Missouri’s SIP and
strengthens SO2 control requirements
for KCPL’s Lake Road Generating
facility. This action strengthens
Missouri’s SIP by replacing an outdated
Consent Decree with an AOC and its
Amendment that reflect current
operating conditions at the facility and
does not result in an increase in SO2
emissions from the Lake Road
Generating Facility.
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A. 1997 Violation of the 1971 SO2
National Ambient Air Quality
Standards (NAAQS)
In 1997, a monitor in St. Joseph
(Buchanan County), Missouri measured
a violation of the 1971 24-hour SO2
NAAQS. At the time of the 1997
violation, Buchanan County was
designated as ‘‘Better than National
Standards’’ (equivalent to ‘‘attainment’’)
for the 1971 24-hour SO2 NAAQS. To
address the violation, the State of
Missouri and the St. Joseph Light and
Power (SJLP) Company entered into a
Consent Decree that required SO2
control measures at the SJLP Lake Road
power generating facility, hereinafter
referred to as the ‘‘2000 1 Consent
Decree’’. The 2000 Consent Decree was
submitted by the State of Missouri in
order to maintain attainment of the 1971
24-hour SO2 NAAQS and was not
submitted because of a SIP call. On
November 15, 2001, the EPA approved
the 2000 Consent Decree as a revision to
Missouri’s SIP. (66 FR 57389, November
15, 2001).
B. Designation of Buchanan County for
the 2010 SO2 NAAQS
On June 22, 2010, the EPA established
a new 1-hour SO2 standard (‘‘the 2010
SO2 NAAQS’’) and revoked the existing
24-hour and annual primary SO2
standards. (75 FR 35520, June 22, 2010,
at 75 FR 35592). The EPA directed
States to continue implementing any
attainment and maintenance
requirements of the 1971 24-hour SO2
NAAQS until the requirements were
subsumed by any new planning and
control requirements associated with
the 2010 SO2 NAAQS. (75 FR 35520,
June 22, 2010, at 75 FR 35580).
Accordingly, areas designated as
nonattainment for the 2010 SO2 NAAQS
or areas that do not meet the
requirements of a SIP call for the 1971
SO2 NAAQS remain subject to the 1971
SO2 NAAQS until the area submits, and
EPA approves, an attainment plan for
the 2010 SO2 NAAQS. See 40 CFR
50.4(e). However, the EPA also stated
that any existing SIP provisions under
Clean Air Act (CAA) sections 110, 191
and 192 for the 1971 24-hour SO2
NAAQS remain in effect. (75 FR 35520,
June 22, 2010, at 75 FR 35581).
On January 9, 2018, Buchanan County
was designated as Attainment/
Unclassifiable for the 2010 SO2 NAAQS
(83 FR 1098, January 9, 2018) and
1 The EPA is referring to the Consent Decree as
the ‘‘2000 Consent Decree’’ to be consistent with the
State’s November 2, 2018, SIP revision submittal.
The 2000 Consent Decree was entered by the Circuit
Court of Buchanan County, Missouri, on May 25,
2001.
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khammond on DSKBBV9HB2PROD with PROPOSALS
therefore the State of Missouri was not
required to submit a SIP providing for
attainment of the SO2 NAAQS under
sections 191 and 192 of the CAA.
However, because the 2000 Consent
Decree was approved pursuant to
section 110 of the CAA, the provisions
of the Consent Decree remain in effect
notwithstanding EPA’s revocation of the
1971 24-hour SO2 NAAQS and
designation of Buchanan County as
Attainment/Unclassifiable for the 2010
SO2 NAAQS.
C. 2015 Administrative Order on
Consent and 2018 Amendment
KCPL acquired SJLP’s Lake Road
facility in 2008. On March 30, 2015,
KCPL notified the MoDNR of its intent
to cease the combustion of coal in Boiler
No. 6 at the facility by April 16, 2016,
to comply with the Mercury Air Toxics
Standards rule, 40 CFR part 63, subpart
UUUUU. KCPL also requested to use
natural gas instead of coal as the
primary fuel and to designate No. 2 fuel
oil the secondary fuel of Boiler No. 6.
Because the 2000 Consent Decree
stipulated the type of fuel to be used in
each combustion unit, including Boiler
No. 6, MoDNR and KCPL entered into
an AOC on March 30, 2016, (hereinafter
referred to as the ‘‘2015 2 AOC’’) that
included the substantive requirements
from the 2000 Consent Decree and
revised the fuel requirements for Boiler
No. 6. The 2015 AOC did not revise the
SO2 allowable emission rate of 1,400
pounds SO2 per hour (lbs SO2/hr)
established in the 2000 Consent Decree
for Boiler No. 6; therefore, the EPA’s
proposed approval of this SIP revision
will not result in an increase in
allowable SO2 emissions.
On June 13, 2018, the MoDNR and
KCPL revised the 2015 AOC to require
low sulfur coal as the primary fuel in
Boiler No. 5, rather than a blend of high
and medium sulfur coal as required by
the 2000 Consent Decree and the 2015
AOC. The 2018 AOC Amendment did
not revise the SO2 allowable emission
rate of 453.26 lbs SO2/hr established in
the 2000 Consent Decree for Boiler No.
5; therefore, the EPA’s proposed
approval of this SIP revision will not
result in an increase in allowable SO2
emissions.
Section 110(l) of the CAA prohibits
the EPA from approving a SIP revision
that interferes with any applicable
requirement concerning attainment and
reasonable further progress or any other
applicable requirement of the CAA. The
2 The EPA is referring to the Administrative Order
on Consent as the ‘‘2015 AOC’’ to be consistent
with the State’s November 2, 2018 SIP revision
submittal. The 2015 AOC was signed by the parties
in 2016.
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MoDNR anticipates that the 2015 AOC
and 2018 AOC Amendment will result
in decreased SO2 emissions that will
further assist with maintenance and
attainment of both the 1971 and 2010
SO2 NAAQS.
While the 2015 AOC and 2018 AOC
Amendment do not reduce allowable
emissions from the Lake Road Facility,
the use of low sulfur coal as a primary
fuel for Boiler No. 5 and natural gas as
a primary fuel for Boiler No. 6 will
result in a reduction in actual SO2
emissions. The MoDNR included an
analysis of SO2 emissions from the Lake
Road facility between 2002 through
2017 and found that SO2 emissions have
decreased by 89 percent from 2002
through 2017, attributable to the 2000
Consent Decree, and more recently, to
the 2015 AOC. As such, the MoDNR has
demonstrated, and the EPA proposes to
conclude, that the SIP revision is in
accordance with the requirements of
section 110(l) of the CAA.
A comparison of the requirements of
the 2000 Consent Decree, the 2015 AOC
and the 2018 Amendment can be found
in the Technical Support Document that
is included in the docket.
III. Have the requirements for approval
of a SIP revision been met?
The State submission has met the
public notice requirements for SIP
submissions in accordance with 40 CFR
51.102. The submission also satisfied
the completeness criteria of 40 CFR part
51, appendix V. The State provided
public notice on this SIP revision from
July 30, 2018, to September 6, 2018, and
received zero comments. In addition,
the revision meets the substantive SIP
requirements of the CAA, including
section 110 and implementing
regulations.
IV. What action is EPA taking?
We are proposing to approve
replacing the May 25, 2001, St. Joseph
Light and Power Consent Decree with
the 2015 AOC and 2018 Amendment
between MoDNR and KCPL. We are
processing this as a proposed action
because we are soliciting comments on
this proposed action. Final rulemaking
will occur after consideration of any
comments.
V. Incorporation by Reference
In this document, the EPA is
proposing to include regulatory text in
an EPA final rule that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is proposing to
incorporate by reference the Missouri
Regulations described in the proposed
amendments to 40 CFR part 52 set forth
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27997
below. The EPA has made, and will
continue to make, these materials
generally available through
www.regulations.gov and at the EPA
Region 7 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
VI. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866.
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of the
National Technology Transfer and
Advancement Act (NTTA) because this
rulemaking does not involve technical
standards; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
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Federal Register / Vol. 84, No. 116 / Monday, June 17, 2019 / Proposed Rules
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides.
Dated: June 10, 2019.
James Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the
preamble, the EPA proposes to amend
40 CFR part 52 as set forth below:
Authority: 42 U.S.C. 7401 et seq.
Subpart—AA Missouri
2. In § 52.1320, the table in paragraph
(d) is amended by:
■ a. Revising entry ‘‘(17)’’ and;
■ b. Adding entries ‘‘(32)’’ and ‘‘(33)’’ to
the end of the table.
The revision and additions read as
follows:
■
§ 52.1320
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
*
Identification of plan.
*
*
(d) * * *
*
*
1. The authority citation for part 52
continues to read as follows:
■
EPA—APPROVED MISSOURI SOURCE-SPECIFIC PERMITS AND ORDERS
Order/
permit No.
Name of source
EPA approval date
Explanation
*
*
*
(17) St. Joseph Light & Power Consent Decree .....................
SO2.
*
5/21/2001
*
*
*
11/15/2001, 66 FR 57389 and Replaced on [Date of publica[Date of publication of the
tion of the final rule in the
final rule in the Federal
Federal Register] with (32)
Register], [Federal Regand (33).
ister citation of the final
rule].
*
*
*
(32) Kansas City Power and
Administrative Order on ConLight—Lake Road Facility.
sent No. APCP–2015–118.
*
9/27/2018
(33) Kansas City Power and
Light—Lake Road Facility.
9/27/2018
*
[Date of publication of the
final rule in the Federal
Register], [Federal Register citation of the final
rule].
[Date of publication of the
final rule in the Federal
Register], [Federal Register citation of the final
rule].
*
*
*
*
Amendment #1 to Administrative Order on Consent No.
APCP–2015–118.
between incumbent federal operations
and new, non-federal flexible wireless
(fixed or mobile) use operations. The
document provided incorrect
information regarding the filing of
comments. This document corrects that
information.
DATES: June 17, 2019.
FOR FURTHER INFORMATION CONTACT:
Anna Gentry, Mobility Division,
Wireless Telecommunications Bureau,
at (202) 418–7769, email: anna.gentry@
fcc.gov.
*
[FR Doc. 2019–12539 Filed 6–14–19; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1, 2, and 27
[WT Docket No. 19–116, FCC 19–43]
Allocation and Service Rules for the
1675–1680 MHz Band
khammond on DSKBBV9HB2PROD with PROPOSALS
State
effective date
Federal Communications
Commission.
ACTION: Proposed rule; correction.
AGENCY:
The Federal Communications
Commission (Commission) published a
document in the Federal Register of
May 22, 2019 regarding the
Commission’s proposal to reallocate the
1675–1680 MHz band for shared use
SUMMARY:
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Correction
In the Federal Register of May 22,
2019, in FR Doc. 2019–10675, on page
23508, in the third column, correct the
ADDRESSES section to read:
ADDRESSES: You may submit comments,
identified by WT Docket No. 19–116, by
any of the following methods:
• Electronic Filers: Comments may be
filed electronically using the internet by
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*
*
accessing the Commission’s Electronic
Comment Filing System (ECFS): https://
www.fcc.gov/ecfs/. See Electronic Filing
of Documents in Rulemaking
Proceedings, 63 FR 24121 (1998).
• Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing. Generally if
more than one docket or rulemaking
number appears in the caption of this
proceeding, filers must submit two
additional copies for each additional
docket or rulemaking number.
Commenters are only required to file
copies in WT Docket No. 19–116.
• Filings can be sent by hand or
messenger delivery, by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
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]]>Agencies
[Federal Register Volume 84, Number 116 (Monday, June 17, 2019)]
[Proposed Rules]
[Pages 27996-27998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12539]
[[Page 27996]]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2019-0289; FRL-9994-78-Region 7]
Air Plan Approval; Missouri; Revision to Sulfur Dioxide Control
Requirements for Lake Road Generating Facility
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing
approval of a State Implementation Plan (SIP) revision submitted by the
State of Missouri on November 2, 2018. The revision replaces a Consent
Decree in Missouri's SIP with an Administrative Order on Consent (AOC)
between the Missouri Department of Natural Resources (MoDNR) and Kansas
City Power and Light (KCPL). The EPA is also proposing to approve an
amendment to the AOC. This action strengthens Missouri's SIP by
replacing an outdated Consent Decree with an AOC and its Amendment that
reflect current operating conditions at the facility, and does not
result in an increase in sulfur dioxide (SO2) emissions from
the Lake Road Generating Facility.
DATES: Comments must be received on or before July 17, 2019.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2019-0289 to https://www.regulations.gov. Follow the online
instructions for submitting comments.
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received will be posted without
change to https://www.regulations.gov/, including any personal
information provided. For detailed instructions on sending comments and
additional information on the rulemaking process, see the ``Written
Comments'' heading of the SUPPLEMENTARY INFORMATION section of this
document.
FOR FURTHER INFORMATION CONTACT: Jonathan Meyer, Environmental
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201
Renner Boulevard, Lenexa, Kansas 66219; telephone number (913) 551-
7140; email address [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA.
Table of Contents
I. Written Comments
II. What is being addressed in this document?
A. 1997 Violation of the 1971 SO2 National Ambient
Air Quality Standards (NAAQS)
B. Designation of Buchanan County for the 2010 SO2
NAAQS
C. 2015 Administrative Order on Consent and 2018 Amendment
III. Have the requirements for approval of a SIP revision been met?
IV. What action is EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by Docket ID No. EPA-R07-OAR-2019-
0289 at https://www.regulations.gov. Once submitted, comments cannot be
edited or removed from Regulations.gov. The EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
II. What is being addressed in this document?
The EPA is proposing to approve a SIP revision submitted by the
State of Missouri on November 2, 2018. The revision consists of an AOC
between the MoDNR and KCPL that limits emissions SO2 from
KCPL's Lake Road Generating facility in St. Joseph, Missouri, and an
Amendment to the AOC. The AOC and its Amendment replace a Consent
Decree in Missouri's SIP and strengthens SO2 control
requirements for KCPL's Lake Road Generating facility. This action
strengthens Missouri's SIP by replacing an outdated Consent Decree with
an AOC and its Amendment that reflect current operating conditions at
the facility and does not result in an increase in SO2
emissions from the Lake Road Generating Facility.
A. 1997 Violation of the 1971 SO2 National Ambient Air
Quality Standards (NAAQS)
In 1997, a monitor in St. Joseph (Buchanan County), Missouri
measured a violation of the 1971 24-hour SO2 NAAQS. At the
time of the 1997 violation, Buchanan County was designated as ``Better
than National Standards'' (equivalent to ``attainment'') for the 1971
24-hour SO2 NAAQS. To address the violation, the State of
Missouri and the St. Joseph Light and Power (SJLP) Company entered into
a Consent Decree that required SO2 control measures at the
SJLP Lake Road power generating facility, hereinafter referred to as
the ``2000 \1\ Consent Decree''. The 2000 Consent Decree was submitted
by the State of Missouri in order to maintain attainment of the 1971
24-hour SO2 NAAQS and was not submitted because of a SIP
call. On November 15, 2001, the EPA approved the 2000 Consent Decree as
a revision to Missouri's SIP. (66 FR 57389, November 15, 2001).
---------------------------------------------------------------------------
\1\ The EPA is referring to the Consent Decree as the ``2000
Consent Decree'' to be consistent with the State's November 2, 2018,
SIP revision submittal. The 2000 Consent Decree was entered by the
Circuit Court of Buchanan County, Missouri, on May 25, 2001.
---------------------------------------------------------------------------
B. Designation of Buchanan County for the 2010 SO2 NAAQS
On June 22, 2010, the EPA established a new 1-hour SO2
standard (``the 2010 SO2 NAAQS'') and revoked the existing
24-hour and annual primary SO2 standards. (75 FR 35520, June
22, 2010, at 75 FR 35592). The EPA directed States to continue
implementing any attainment and maintenance requirements of the 1971
24-hour SO2 NAAQS until the requirements were subsumed by
any new planning and control requirements associated with the 2010
SO2 NAAQS. (75 FR 35520, June 22, 2010, at 75 FR 35580).
Accordingly, areas designated as nonattainment for the 2010
SO2 NAAQS or areas that do not meet the requirements of a
SIP call for the 1971 SO2 NAAQS remain subject to the 1971
SO2 NAAQS until the area submits, and EPA approves, an
attainment plan for the 2010 SO2 NAAQS. See 40 CFR 50.4(e).
However, the EPA also stated that any existing SIP provisions under
Clean Air Act (CAA) sections 110, 191 and 192 for the 1971 24-hour
SO2 NAAQS remain in effect. (75 FR 35520, June 22, 2010, at
75 FR 35581).
On January 9, 2018, Buchanan County was designated as Attainment/
Unclassifiable for the 2010 SO2 NAAQS (83 FR 1098, January
9, 2018) and
[[Page 27997]]
therefore the State of Missouri was not required to submit a SIP
providing for attainment of the SO2 NAAQS under sections 191
and 192 of the CAA. However, because the 2000 Consent Decree was
approved pursuant to section 110 of the CAA, the provisions of the
Consent Decree remain in effect notwithstanding EPA's revocation of the
1971 24-hour SO2 NAAQS and designation of Buchanan County as
Attainment/Unclassifiable for the 2010 SO2 NAAQS.
C. 2015 Administrative Order on Consent and 2018 Amendment
KCPL acquired SJLP's Lake Road facility in 2008. On March 30, 2015,
KCPL notified the MoDNR of its intent to cease the combustion of coal
in Boiler No. 6 at the facility by April 16, 2016, to comply with the
Mercury Air Toxics Standards rule, 40 CFR part 63, subpart UUUUU. KCPL
also requested to use natural gas instead of coal as the primary fuel
and to designate No. 2 fuel oil the secondary fuel of Boiler No. 6.
Because the 2000 Consent Decree stipulated the type of fuel to be
used in each combustion unit, including Boiler No. 6, MoDNR and KCPL
entered into an AOC on March 30, 2016, (hereinafter referred to as the
``2015 \2\ AOC'') that included the substantive requirements from the
2000 Consent Decree and revised the fuel requirements for Boiler No. 6.
The 2015 AOC did not revise the SO2 allowable emission rate
of 1,400 pounds SO2 per hour (lbs SO2/hr)
established in the 2000 Consent Decree for Boiler No. 6; therefore, the
EPA's proposed approval of this SIP revision will not result in an
increase in allowable SO2 emissions.
---------------------------------------------------------------------------
\2\ The EPA is referring to the Administrative Order on Consent
as the ``2015 AOC'' to be consistent with the State's November 2,
2018 SIP revision submittal. The 2015 AOC was signed by the parties
in 2016.
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On June 13, 2018, the MoDNR and KCPL revised the 2015 AOC to
require low sulfur coal as the primary fuel in Boiler No. 5, rather
than a blend of high and medium sulfur coal as required by the 2000
Consent Decree and the 2015 AOC. The 2018 AOC Amendment did not revise
the SO2 allowable emission rate of 453.26 lbs
SO2/hr established in the 2000 Consent Decree for Boiler No.
5; therefore, the EPA's proposed approval of this SIP revision will not
result in an increase in allowable SO2 emissions.
Section 110(l) of the CAA prohibits the EPA from approving a SIP
revision that interferes with any applicable requirement concerning
attainment and reasonable further progress or any other applicable
requirement of the CAA. The MoDNR anticipates that the 2015 AOC and
2018 AOC Amendment will result in decreased SO2 emissions
that will further assist with maintenance and attainment of both the
1971 and 2010 SO2 NAAQS.
While the 2015 AOC and 2018 AOC Amendment do not reduce allowable
emissions from the Lake Road Facility, the use of low sulfur coal as a
primary fuel for Boiler No. 5 and natural gas as a primary fuel for
Boiler No. 6 will result in a reduction in actual SO2
emissions. The MoDNR included an analysis of SO2 emissions
from the Lake Road facility between 2002 through 2017 and found that
SO2 emissions have decreased by 89 percent from 2002 through
2017, attributable to the 2000 Consent Decree, and more recently, to
the 2015 AOC. As such, the MoDNR has demonstrated, and the EPA proposes
to conclude, that the SIP revision is in accordance with the
requirements of section 110(l) of the CAA.
A comparison of the requirements of the 2000 Consent Decree, the
2015 AOC and the 2018 Amendment can be found in the Technical Support
Document that is included in the docket.
III. Have the requirements for approval of a SIP revision been met?
The State submission has met the public notice requirements for SIP
submissions in accordance with 40 CFR 51.102. The submission also
satisfied the completeness criteria of 40 CFR part 51, appendix V. The
State provided public notice on this SIP revision from July 30, 2018,
to September 6, 2018, and received zero comments. In addition, the
revision meets the substantive SIP requirements of the CAA, including
section 110 and implementing regulations.
IV. What action is EPA taking?
We are proposing to approve replacing the May 25, 2001, St. Joseph
Light and Power Consent Decree with the 2015 AOC and 2018 Amendment
between MoDNR and KCPL. We are processing this as a proposed action
because we are soliciting comments on this proposed action. Final
rulemaking will occur after consideration of any comments.
V. Incorporation by Reference
In this document, the EPA is proposing to include regulatory text
in an EPA final rule that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference the Missouri Regulations described in the
proposed amendments to 40 CFR part 52 set forth below. The EPA has
made, and will continue to make, these materials generally available
through www.regulations.gov and at the EPA Region 7 Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information).
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of the National Technology
Transfer and Advancement Act (NTTA) because this rulemaking does not
involve technical standards; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using
[[Page 27998]]
practicable and legally permissible methods, under Executive Order
12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides.
Dated: June 10, 2019.
James Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the preamble, the EPA proposes to amend
40 CFR part 52 as set forth below:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart--AA Missouri
0
2. In Sec. 52.1320, the table in paragraph (d) is amended by:
0
a. Revising entry ``(17)'' and;
0
b. Adding entries ``(32)'' and ``(33)'' to the end of the table.
The revision and additions read as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(d) * * *
EPA--Approved Missouri Source-Specific Permits and Orders
----------------------------------------------------------------------------------------------------------------
State
Name of source Order/ permit No. effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(17) St. Joseph Light & Power SO2 Consent Decree..... 5/21/2001 11/15/2001, 66 FR Replaced on [Date
57389 and [Date of of publication of
publication of the the final rule in
final rule in the the Federal
Federal Register], Register] with
[Federal Register (32) and (33).
citation of the
final rule].
* * * * * * *
(32) Kansas City Power and Light-- Administrative 9/27/2018 [Date of ...................
Lake Road Facility. Order on Consent publication of the
No. APCP-2015-118. final rule in the
Federal Register],
[Federal Register
citation of the
final rule].
(33) Kansas City Power and Light-- Amendment #1 to 9/27/2018 [Date of ...................
Lake Road Facility. Administrative publication of the
Order on Consent final rule in the
No. APCP-2015-118. Federal Register],
[Federal Register
citation of the
final rule].
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2019-12539 Filed 6-14-19; 8:45 am]
BILLING CODE 6560-50-P
