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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:
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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.
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 AirAir Compliance and Enforcement Section1000 SW JacksonSuite 310Topeka, 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:
An internal combustion engine is not a non-road engine if it meets any of the following criteria:
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.