Permitting

Please visit the Air Permits Section of our staff directory to learn more about who you should contact with your permit questions.

Class I & Class II Operating Permit Application Fees

No, there is no requirement to notify the department of the change in responsible official. A Responsible Official is defined as:

1. For a corporation, a president, secretary, treasurer, or vice-president in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to permit or other relevant regulatory requirement and if either:
   1. the facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million, in second quarter, 1980 dollars: or
   2. the delegation of authority to such representative is approved in advance by the department;
2. For a partnership or sole proprietorship, a general partner or the proprietor, respectively;
3. For a municipality, or a state, federal, or other public agency, a principal executive officer or ranking elected official. For purposes of this definition, a principal executive officer of a federal agency shall include the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency; or
4. For affected sources, the designated representative under title IV of the federal clean air act, acid deposition control. (K.A.R. 28-19-200(ccc))

The original and two copies of the application, including all supporting documentation shall be submitted for Class I Operating permit applications. One copy of the Class II application must be submitted.

Exempt activities are activities, not otherwise triggering any specific applicable requirement, the emissions of which are beyond the scope of the permit program. These activities do not need to be listed in the permit application.

The principles used to establish lists of exempt activities (which the Environmental Protection Agency (EPA) calls "trivial" activities) are:

1. The activities that do not have applicable requirements that apply to them.
2. Their emissions are small enough that their emissions are below construction permit and approval thresholds.

The applicability of the "exempt activity" concept to the operating permit and construction permit programs should be identical. That is, an activity that is exempt from the operating permit program should also be exempt from the construction permit program. In the event that an activity listed as exempt in the operating permit program is deemed to have emission levels under some circumstances that would trigger an applicable requirement such as a construction permit, it cannot be viewed as an exempt activity. Similarly, if an activity needs to have some form of emission limit applied to it in order to be placed on the exempt list, it should not be on the list. If the emissions from the activity are not below permit or approval thresholds (even though it may not have applicable requirements), it should be looked at as an insignificant activity, not an exempt unit.

Refer to the list of exempt activities in the Class I Operating Permit application glossary for a complete description. All applications and reports are located in the Kansas Environmental Information Management System (KEIMS). Please visit the KEIMS page to set up your KEIMS account.

Many stationary sources discharge visible emissions into the atmosphere; these emissions are usually in the shape of a plume. A Method 9 test involves the determination of plume opacity. Opacity is the amount of light obscured by pollution. A person conducting a Method 9 must be certified. Method 9 can be found in 40 Code of Federal Regulations, Part 60, Appendix A.

A qualitative assessment is an observation of visible emissions, or opacity, from a stationary source. The person responsible for making qualitative opacity assessments must be knowledgeable about the effect on visibility of emissions caused by background contrast, ambient lighting, observer position relative to lighting, wind, and the presence of uncombined water in the plume. A qualitative assessment is a brief description of the visible emissions. The qualitative assessment is not required to be six minutes long, and the observer is not required to be certified.

Records usually required for qualitative assessments include: time and date assessment occurred, whether emissions appeared normal, a description of the emission point from which any unusual emissions emanated, steps taken to correct any abnormal emissions, and the name of the person conducting the assessment, and any other information required by the permit.

CAM is an acronym for Compliance Assurance Monitoring. The Clean Air Act requires compliance assurance monitoring (CAM) for major stationary sources of air pollution that are required to obtain operating permits under Title V. CAM requirements are outlined in 40 Code of Federal Regulations, Part 64. CAM requires monitoring for each emissions unit that is a major source, and that relies on pollution control equipment to achieve compliance with one or more emission standards. CAM requirements do include sources of hazardous air pollutants and emission standards for hazardous air pollutants.

KDHE has developed an Example Semiannual Report (PDF). This format may need to be modified to include requirements that are specific to your facility.

No. If the emission unit isn't operating during the reporting period, a test is not required.

If the facility operates only 3 months per year, conduct a Method 9 during that time period. If the emission units do not operate during the remaining 9 months, a second Method 9 is not required. Municipal power plants sometimes start units up for a very short time to perform maintenance checks and operator training. Fire pumps and emergency generators are also occasionally started up for maintenance checks. Such startup is not considered operating time, if units are not used for generating power or pumping water. Therefore, Method 9 tests and qualitative assessments would not be required unless the emission unit operates.

Update your Class I permit application to include the new MACT standard. If you know how the facility will comply with the new rules, you can include this in the permit application. Review the new rules carefully, and submit required notifications. 40 Code of Federal Regulations 63.9(b) requires an initial notification within 120 days after the effective (promulgation) date of the standard. The notification should be submitted to:
Mr. Ward Burns
Air Permitting and Compliance Branch
U.S. EPA Region 7
11201 Renner Boulevard
Lenexa, KS 66219

KDHE requests that a copy of the initial MACT notification be submitted to the Bureau of Air. The copy should be submitted to:
KDHE Bureau of Air
Air Compliance and Enforcement Section
1000 SW Jackson
Suite 310
Topeka, KS 66612-1366

KDHE relies on the Environmental Protection Agency (EPA) Guidance on Calculating Potential to Emit (PTE) for Emergency Generators (PDF), which describes the parameters within which the generator must operate to be considered an emergency generator for these purposes. The intent and usage of the generator must be consistent with the guidance.

As of November 18, 2016, there is a $750 fee for each construction approval application. This change is a revision to Kansas Administrative Regulation (K.A.R.) 28-19-304(a).

The check should be made out to the Kansas Department of Health and Environment (KDHE).

We request facilities submit one copy.

KDHE requests the original and two copies of the application, including all supporting documentation shall be submitted for PSD permit applications.

The application for a notification of construction or modification of a stationary source or emissions unit shall be made by the owner or operator. An owner or operator is defined as "any person who owns, leases, operates, controls, or supervises an affected facility, emissions unit or stationary source subject to any standard or requirement of the Kansas air quality act, Kansas Statutes Annotated (K.S.A.) 65-3001 et seq., or any rule and regulation promulgated thereunder."

Yes. KDHE has prepared an expedited emergency generator application. All applications and reports are located in the Kansas Environmental Information Management System (KEIMS). Please visit the KEIMS page to set up your KEIMS account.

KDHE has prepared a Change of Ownership form. All applications and forms are located in the Kansas Environmental Information Management System (KEIMS). Please visit the KEIMS page to set up your KEIMS account.

You can conduct your own test if you are currently a certified Method 9 observer. You do not have to be certified specifically in Kansas.

KDHE has developed an Informational Sheet on Confidential Information (PDF), which includes procedures for requesting that information be kept confidential and what information can be kept confidential.

Kansas Administrative Regulation (K.A.R.) 28-19-300 requires a construction permit or approval to be issued before "beginning actual construction or modification" if the increase in potential-to-emit resulting from the project exceeds certain levels. Land can be cleared, contracts made, and equipment may be purchased and stored on site prior to permit or approval issuance, but foundation work is considered to be "beginning actual construction" and must wait until after issuance.

Equipment whose emissions contribute to the requirement to obtain a construction permit or approval cannot be permanently affixed or installed prior to issuance of the permit or approval. Any activity conducted prior to the issuance of the permit is conducted at the owner or operator's financial risk and shall not be a factor during the application review.

We encourage you to read the construction permit or approval carefully, since these documents obligate each facility to certain requirements. The following is a list of requirements that are sometimes overlooked:

• Permits and approvals for equipment subject to 40 Code of Federal Regulations (CFR) Part 60 New Source Performance Standards (NSPS) or Part 63 Maximum Achievable Control Technology (MACT) may contain performance testing requirements within 180 days after startup or rule applicability. Refer to the permit or approval for details.
• Permits and approvals for equipment subject to 40 CFR Part 60 NSPS contain requirements for notifications.
• Permits and approvals may also require notifications for Part 63 MACT.
• Most permits and approvals contain a requirement to notify the local inspector when installation of the new equipment is complete, so that an evaluation may be conducted.
• Permits and approvals for portable equipment usually require a notification when equipment is moved, as required by Kansas Administrative Regulation (K.A.R.) 28-19-9(c).

If you are still able to operate within the limits of your Class II permit, then a new construction permit or approval does not affect your Class II permit. If you exceed the operational limits of the Class II permit, then you are required to file the appropriate application for permit modification or for a Class I permit within 180 days after exceeding the operating permit operational restriction, as required by Kansas Administrative Regulation (K.A.R.) 28-19-501(c)(2)(C).

If the new construction permit or approval allows new pollutants that would make the facility a major source, or if potential emissions are increased above major source thresholds, then you will be required to add new restrictions in the existing Class II permit or apply for a Class I permit within one year as required by K.A.R. 28-19-541(a) and 510(e).

The rule says that it only applies to facilities that are located "... in an area which has been identified as not meeting the national primary ambient air quality standard for ozone in the manner prescribed by the provisions of the federal Clean Air Act, 42 U.S. Code 7407 as promulgated at 40 Code of Federal Regulations Part 81, as in effect July 1, 1989."

Johnson and Wyandotte Counties have achieved attainment status, but the area is in maintenance status and is very close to exceeding the ozone standard currently. The Environmental Protection Agency (EPA) requires that a maintenance area retain existing control measures - including RACT rules - to assure continued maintenance of the National Ambient Air Quality Standards.

KDHE will evaluate requests on a case-by-case basis. Please send your request to:
KDHE Bureau of Air
Air Compliance and Enforcement Section
1000 SW Jackson
Suite 310
Topeka, KS 66612-1366

KDHE cannot grant extensions for performance test time frames in federal rules, including Parts 60 and 63.

While KDHE does not regulate non-road mobile engines, the U.S. Environmental Protection Agency (EPA) has mandated the Clean Air Non-road Diesel Rule, which aimed to lower all non-road diesel fuel to ultra-low sulfur diesel (15 parts per million (ppm)) after 2014. All non-road engines and equipment must use this fuel. A non-road engine is an internal combustion engine that meets any of the following criteria:

1. It is (or will be) used in or on a piece of equipment that is self-propelled or serves a dual purpose by both propelling itself and performing another function (such as garden tractors, off-highway mobile cranes and bulldozers).
2. It is (or will be) used in or on a piece of equipment that is intended to be propelled while performing its function (such as lawnmowers and string trimmers).
3. By itself or in or on a piece of equipment, it portable or transportable, meaning designed to be and capable of being carried or moved from one location to another. Indicia of transportability include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platform.

An internal combustion engine is not a non-road engine if it meets any of the following criteria:

1. The engine is used to propel a motor vehicle, an aircraft, or equipment used solely for competition.
2. The engine is regulated under 40 Code of Federal Regulations (CFR) Part 60, (or otherwise regulated by a federal New Source Performance Standard promulgated under section 111 of the Clean Air Act (42 U.S. Code 7411)).
3. The engine is otherwise included in paragraph (1)(iii) of this definition remains or will remain at a location for more than 12 consecutive months or a shorter period of time for an engine located at a seasonal source. A location is any single site at a building, structure, facility, or installation. Any engine (or engines) that replaces an engine at a location and that is intended to perform the same or similar function as the engine replaced will be included in calculated the consecutive time period. An engine located at a seasonal source is an engine that remains at a seasonal source during the full annual operating period of the seasonal source. A seasonal source that remains in a single location on a permanent basis (i.e., at least two years) and that operates at that single location approximately three months (or more) each year. See 40 CFR 1068.31 for provisions that apply if the engine is removed from the location.

The facility is subject to certain New Source Performance Standard (NSPS) OOOO requirements for drilling and well head completions for gas wells, including a green completion or a combustion control device (40 Code of Federal Regulations 60.5375(a)). KDHE has prepared a Gas Well Notification Form that must be submitted to Environmental Protection Agency Region 7 and KDHE for initial drilling. If this is an activity other than initial drilling, a construction permit/approval may be required.

All applications and forms are located in the Kansas Environmental Information Management System (KEIMS). Please visit the KEIMS page to set up your KEIMS account.