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Bureau of Air - Air Construction Permit

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1. Do I have to submit a fee for an approval?

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).

2. I am applying for a construction permit and a fee is required. Who should the check be made out to?

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

3. How many copies of my notification of construction or modification should I send in?

We request facilities submit one copy.

4. How many copies of my PSD permit application do I need to send in?

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

5. Who is qualified to sign a notification of construction or modification for a facility?

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."

6. Do emergency generators require permitting?

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.

7. There has been a change of ownership at my facility. How do I notify the KDHE of the ownership change?

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.

8. My permit requires a Method 9 test. Can I conduct my own test, and do I have to get my certification in Kansas?

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.

9. How can I request that information in my permit application be kept confidential?

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.

10. I need a construction permit or approval for the equipment I want to install. Can I go ahead and order the equipment or begin foundation work prior to getting the permit?

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.

11. I have applied for and received a permit for some new equipment. What are some common compliance problems that occur with new permit holders?

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).

12. I have a Class II permit that contains limits. If I apply for a construction permit, how does this affect my Class II permit?

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).

13. I am subject to a Reasonably Available Control Technology (RACT) rule that applies only in Johnson and Wyandotte Counties, both of which are in attainment for the standard. Am I still subject?

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.

14. 40 Code of Federal Regulations Part 60 reporting requirements have changed to semi-annual for most facilities. My permit quotes the old Part 60 requirements. Can I change reporting to semi-annual?

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

15. My permit requires a performance test within a specified time period because of equipment subject to 40 Code of Federal Regulations Part 60 requirements. Can I have an extension?

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

16. What is a non-road mobile engine and how does KDHE regulate them?

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.

17. How does KDHE permit the venting of casinghead gas at gas well facilities?

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.