Volume 42 - Issue 30 - July 27, 2023

State of Kansas

Department of Health and Environment

Notice Concerning Proposed Kansas Air Quality Prevention of Significant Deterioration Construction Permit Modification

Notice is hereby given that the Kansas Department of Health and Environment (KDHE) is soliciting comments regarding a revision to a previously issued air quality construction permit. Empire District Electric Company – Riverton Station applied for an air quality construction permit in accordance with the provisions of K.A.R. 28-19-300 to modify the PSD Construction Permit, CSD00010 v1.0, last modified on March 18, 2013, to allow for two annual tuning events using fuel oil in the simple cycle combustion turbine designated Unit 11 at their fossil fuel electric power generation facility located 7240 SE K-66 Hwy., Riverton, Cherokee County, KS 66750. Emission of particulate matter (PM), particulate matter equal to or less than 10 microns in aerodynamic diameter (PM₁₀), particulate matter equal to or less than 2.5 microns in aerodynamic diameter (PM_2.5), volatile organic compounds (VOCs), oxides of nitrogen (NO_X), sulfur oxides (SO_X), carbon monoxide (CO), and hazardous air pollutants (HAPs) were evaluated during the permit review process.

The permit modification is to be issued in accordance with the provisions of K.A.R. 28-19-350, Prevention of Significant Deterioration (PSD), which adopt the federal standards, procedures and requirements of 40 CFR 52.21 by reference. These air quality regulations apply to major stationary emission sources located in areas designated as “attainment” under the federal Clean Air Act (CAA). Attainment areas are areas where the air quality meets or is better than the national ambient air quality standards (NAAQS).

The revisions proposed by Empire District Electric Company – Riverton Station does not require reevaluation of the Best Available Control Technology (BACT). Less than significant increases will occur in emissions of all regulated new source review (NSR) pollutants as a result of the proposed revisions to the construction permit.

The PSD regulations require evaluation of emission reduction techniques to identify the BACT for each pollutant for which the emission rate exceeds the PSD significant level. The purpose of BACT is to affect the maximum degree of reduction achievable, taking into account energy, environmental, and economic impacts for each pollutant under review. Evaluation of the estimated emissions for the proposed tuning events indicates that the emission rate of oxides of nitrogen, sulfur dioxide, carbon monoxide, particulate matter, and volatile organic compounds do not exceed the significance levels. The department has reviewed the previous BACT analyses and determined that the existing BACT requirements for Unit 11 will remain valid with the allowance of the requested tuning events.

No assessment of visibility impacts at a Class I Area was performed by the facility because there are no Federal Class I areas located within 300 km of the proposed facility. The facility did not conduct a visibility impact analysis for a local Class I area because the proposed modification does not exceed the PSD significance level and is not expected to impact visibility.

A public comment period has been established to allow citizens the opportunity to express any concerns they may have about this proposed permitting action. The public comment period is to begin on Thursday, July 27, 2023, and end Monday, August 28, 2023. All comments should be submitted in writing to Matthew Reynolds, KDHE/Bureau of Air, 1000 SW Jackson, Suite 310, Topeka, KS 66612-1366 or presented at the public hearing.

Any member of the public may request to hold a public hearing to receive comments on the proposed issuance of the draft air quality construction permit. Written request to hold a public hearing should be sent to the attention of Matthew Reynolds, KDHE/Bureau of Air, 1000 SW Jackson, Suite 310, Topeka, KS 66612-1366 or by fax to785-559-4256 and must be received by 12:00 p.m. Monday, August 28, 2023.

A copy of the proposed permit, permit application, all supporting documentation, and all information relied upon during the permit application review process are available for public review for a period of 30 days from the date of publication during normal business hours (8:00 a.m. to 5:00 p.m.) at the KDHE, Bureau of Air (BOA), 1000 SW Jackson, Suite 310, Topeka, KS 66612-1366. Also, a copy of the proposed permit only can be reviewed, at the Southeast District Office, 308 W. 14th St., Chanute, KS 66720. To obtain or review the proposed permit and supporting documentation, contact Matthew Reynolds, 785-296-1719, at the central office of the KDHE and to review the proposed permit only, contact Ryan Jack, 620-431-2390, in the Southeast District Office. The standard departmental cost will be assessed for any copies requested. The proposed permit, accompanied with supporting information, is available, free of charge, at the KDHE BOA Public Notice website at https://www.kdhe.ks.gov/413/Public-Notices.

Janet Stanek
Secretary
Department of Health and Environment

Doc. No. 051359