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.