[Federal Register Volume 88, Number 80 (Wednesday, April 26, 2023)]
[Proposed Rules]
[Pages 25309-25313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08596]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2023-0201; FRL-10839-01-R7]


Air Plan Partial Approval and Partial Disapproval; 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 partial 
approval and partial disapproval of revisions to the Missouri State 
Implementation Plan (SIP) submitted by the State of Missouri on 
February 17, 2022. In its submission, the Missouri Department of 
Natural Resources (MoDNR) requested that revisions to a 2016 
Administrative Order on Consent (AOC) for controlling sulfur dioxide 
(SO2) emissions at the Lake Road power plant (hereinafter 
referred to as ``2016 AOC'') be approved in the SIP. The revised AOC 
establishes more stringent fuel oil sulfur content limits, removes 
SO2 emission limits that are no longer needed due to the 
strengthened fuel oil sulfur requirements, and streamlines reporting 
requirements. The changes proposed for approval meet the requirements 
of the Clean Air Act (CAA). The EPA is proposing disapproval of a new 
provision in the AOC that would potentially allow Lake

[[Page 25310]]

Road to exceed the fuel oil sulfur content limits on a temporary basis.

DATES: Comments must be received on or before May 26, 2023.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2023-0201 to 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 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: Allie Donohue, Environmental 
Protection Agency, Region 7 Office, Air Quality Planning Branch, 11201 
Renner Boulevard, Lenexa, Kansas 66219; telephone number: (913) 551-
7986; 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. 2016 AOC and Amendment #1
    D. Amendment #2
III. Have the requirements for approval of a SIP revision been met?
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Environmental Justice Considerations
VII. Statutory and Executive Order Reviews

I. Written Comments

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2023-
0201, at 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 
www.epa.gov/dockets/commenting-epa-dockets.

II. What is being addressed in this document?

    The EPA is proposing to partially approve and partially disapprove 
a SIP revision submitted by the State of Missouri on February 17, 2022. 
In its submission, MoDNR requested that AOC No. APCP-2015-118 between 
MoDNR and Evergy (formerly Kansas City Power & Light) submitted in 
2016, and amended in 2018 (Amendment #1), be replaced with Amendment #2 
to the AOC in the SIP. The EPA is proposing to approve these SIP 
revisions, with the exception of Amendment #2 paragraph 12.A. The 
revisions proposed for approval meet the requirements of the Clean Air 
Act. The EPA is proposing disapproval of Amendment #2 paragraph 12.A. 
because this provision potentially allows Lake Road to burn fuel oil 
with a sulfur content greater than the sulfur content limit of 15 parts 
per million (ppm) on a temporary basis. Paragraph 12.A. is severable 
from Amendment #2 because it is a new paragraph that was not previously 
included in the 2016 AOC and Amendment #1 and is not approved in the 
SIP. The technical support document (TSD) included in this docket 
discusses our review and analysis of Amendment #2 and provides support 
for our proposed action.

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 Consent Decree.'' \1\ 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 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. 2016 AOC and Amendment #1

    Kansas City Power & Light (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.

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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, that included the substantive 
requirements from the 2000 Consent Decree and revised the fuel 
requirements for Boiler No. 6.
    On June 13, 2018, the MoDNR and KCPL issued Amendment #1 to the 
2016 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 2016 AOC. The EPA approved the 2016 AOC 
and Amendment #1 into Missouri's SIP at 40 CFR 52.1320(d)(32) and (33) 
in August 2019.\2\
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    \2\ See 84 FR 44233; August 23, 2019.
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D. Amendment #2

    Evergy became the current owner and operator of Lake Road after 
KCPL and Westar Energy merged to become Evergy in 2018. In 2021 MoDNR 
and Evergy revised the AOC for Lake Road by issuing Amendment #2 that 
consolidates all requirements into a single document, lowers the fuel 
oil sulfur content limit from 500 ppm to 15 ppm, eliminates 
SO2 emission rate limits that are no longer necessary due to 
the more stringent fuel oil sulfur content limits, makes the retirement 
of Boiler No. 3 permanent and enforceable, and streamlines reporting 
and record keeping requirements. Amendment #2 does not revise the 
SO2 emission rate limit of 1.349 pounds per million British 
thermal units (lb/MMBtu) for Boiler No. 5. Amendment #2 also adds 
language in paragraph 12.A. that allows MoDNR to grant temporary 
exemptions to the fuel oil requirements due to unforeseen 
circumstances.
    In its submission, MoDNR included an analysis of SO2 
emissions from the Lake Road facility between 2002 through 2020. 
MoDNR's analysis demonstrated that Lake Road SO2 emissions 
have decreased by 94.84 percent from 2002 through 2020, attributable to 
the 2000 Consent Decree and the fuel requirements provided in the 2016 
AOC, Amendment #1, and Amendment #2. MoDNR states that Amendment #2 
will ensure the SO2 emissions decreases at Lake Road over 
the past 20 years remain permanent and further assist with maintenance 
and attainment of both the 1971 and 2010 SO2 NAAQS.
    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. Based on our analysis of Amendment #2, the EPA 
proposes to conclude that the SIP revision, with the exception of 
paragraph 12.A., is in accordance with the requirements of section 
110(l) of the CAA. The EPA proposes to disapprove Amendment #2 
paragraph 12.A. because it potentially allows the facility to burn fuel 
oil with sulfur content that exceeds the 15 ppm sulfur content limit on 
a temporary basis. The EPA's analysis of Amendment #2 can be found in 
the TSD included in this 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 November 1, 
2021, to December 9, 2021, and received no comments. In addition, as 
explained above and in more detail in the TSD which is part of this 
docket, the revisions proposed for approval meet the substantive SIP 
requirements of the CAA, including section 110 and implementing 
regulations.
    As explained in section II and further in the TSD, EPA is proposing 
to disapprove Amendment #2 paragraph 12.A. regarding temporary 
exemptions from fuel requirements.

IV. What action is the EPA taking?

    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. We are publishing the 
proposed rule in the Federal Register to partially approve and 
partially disapprove the SIP submission. Any parties interested in 
commenting must do so by the date listed in the DATES section of the 
document. For further information about commenting on this proposed 
rule, see the ADDRESSES section of the document. If the EPA receives 
adverse comment, we will address all public comments in the subsequent 
final rule based on the proposed rule.

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 add 
the incorporation by reference of the Missouri Amendment #2 to 
Administrative Order on Consent state effective October 18, 2021, 
between MoDNR and Evergy related to controlling sulfur dioxide 
(SO2) emissions at the Lake Road power plant, as discussed 
in Section II of this preamble and as set forth below in the proposed 
amendments to 40 CFR part 52. 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).
    Also, in this document, as described in the proposed amendments to 
40 CFR part 52 set forth below, EPA is proposing to remove provisions 
of the EPA-Approved Missouri Administrative Order on Consent and 
Amendment #1 (state effective September 27, 2018) from the Missouri 
State Implementation Plan, which was incorporated by reference in 
accordance with the requirements of 1 CFR part 51. As described in the 
proposed amendments to 40 CFR part 52 set forth below, EPA is also 
proposing to remove an outdated reference to the St. Joseph Light and 
Power So2 consent agreement (state effective May 21, 2001).

VI. Environmental Justice Considerations

    The EPA reviewed demographic data, which provides an assessment of 
individual demographic groups of the populations living within a 2-mile 
radius of the Lake Road facility Census 2010 Summary Report available 
on Environmental Justice Screen (EJSCREEN). The EPA then compared the 
data to the state average for each of the demographic groups using 2010 
state census data from the United States Census Bureau. The results of 
this analysis are being provided for informational and transparency 
purposes. The results of the demographic analysis indicate that, for 
populations within the 2-mile radius of the Lake Road facility, the 
percent people of color (persons who reported their race as a category 
other than White alone (not Hispanic or Latino)) is less than the 
national average (16 percent versus 21 percent). Within people of 
color, the percent of the population that is Black or African American 
alone is lower than the state average (3 percent versus 12 percent) and 
the percent of the population that is American Indian/Alaska Native is 
similar to the state average (1 percent versus 1 percent).

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The percent of the population that is two or more races is similar to 
the state average (3 percent versus 3 percent). The percent of people 
with low income within the 2-mile radius of the Lake Road facility is 
higher than the state average (41 percent versus 31 percent).

VII. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Clean Air 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 Clean Air Act. 
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);
     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); and
     Is not subject to requirements of the National Technology 
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because this 
rulemaking does not involve technical standards;
    In addition, 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).
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
Feb. 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
The EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' The EPA further defines the term fair treatment to mean 
that ``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    The air agency did not evaluate environmental justice 
considerations as part of its SIP submittal; the CAA and applicable 
implementing regulations neither prohibit nor require such an 
evaluation. EPA performed an environmental justice analysis, as is 
described above in the section titled, ``Environmental Justice 
Considerations.'' The analysis was done for the purpose of providing 
additional context and information about this rulemaking to the public, 
not as a basis of the action. In addition, there is no information in 
the record upon which this decision is based inconsistent with the 
stated goal of E.O. 12898 of achieving environmental justice for people 
of color, low-income populations, and Indigenous peoples.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, Sulfur oxides.

    Dated: April 18, 2023.
Meghan A. McCollister,
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, in the table in paragraph (d):
0
a. Remove and reserve entries ``(17)'', ``(32)'', and ``(33)''; and
0
b. Add entry ``(38)'' in numerical order.
    The addition reads 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 number  effective date   EPA approval date       Explanation
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                                                  * * * * * * *
(38) Kansas City Power and Light-- Amendment #2 to          10/18/2021  [Date of             EPA is approving
 Lake Road Facility.                Administrative                       publication of the   Amendment #2 to
                                    Order on Consent                     final rule in the    AOC No. APCP-2015-
                                    No. APCP-2015-118.                   Federal Register],   118, except for
                                                                         [Federal Register    paragraph 12.A.
                                                                         citation of the
                                                                         final rule].
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[FR Doc. 2023-08596 Filed 4-25-23; 8:45 am]
BILLING CODE 6560-50-P


