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Publications iconKansas Register

Volume 41 - Issue 15 - April 14, 2022

State of Kansas

Department of Health and Environment

Notice Concerning Proposed Kansas Air Quality 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 modification. Evergy, Inc. – Emporia Energy Center (Evergy) applied for an air quality construction permit in accordance with the provisions of K.A.R. 28-19-300 to add alternative NOx monitoring methods at their fossil fuel power generation stations located 1685 Road 200, Emporia, Lyon County, KS 66801.

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 PSD regulations require evaluation of emission reduction techniques to identify the best available control technology (BACT) for each regulated pollutant, including GHG, for which the emission rate exceeds the PSD significant level. There is no change in emissions from modifying the PSD construction permit, thus a new BACT analysis was not necessary. Since modifying the PSD construction permit will not exceed the PSD significance level, the project will have no significant impact on the ambient air quality.

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 the modified conditions proposed in this permitting action. The public comment period is to begin on April 14, 2022 and end on May 16, 2022. All comments related to the modified conditions should be submitted in writing to Rumela Bhadra, 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 Rumela Bhadra, KDHE/Bureau of Air, 1000 SW Jackson, Suite 310, Topeka, KS 66612-1366 or by fax to 785-559-4256 and must be received by 12:00 p.m. May 16, 2022.

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 KDHE Southeast District Office, 308 W. 14th St., Chanute, KS 66720. To obtain or review the proposed permit and supporting documentation, contact Rumela Bhadra, 785-291-3271, at the central office of the KDHE and to review the proposed permit only, contact Doug Cole, 620-431-2390, at 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

Doc. No. 050019