[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]



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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.

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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replacing an outdated Consent Decree with an AOC and its Amendment that 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 meyer.jonathan@epa.gov.

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).
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    \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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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

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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.
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    \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

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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;
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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
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                                                             State
          Name of source            Order/ permit No.   effective date   EPA approval date       Explanation
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                                                  * * * * * * *
(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].
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[FR Doc. 2019-12539 Filed 6-14-19; 8:45 am]
 BILLING CODE 6560-50-P


