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Please visit the Air Permits Section of our staff directory to learn more about who you should contact with your permit questions.
No, there is no requirement to notify the department of the change in responsible official. A Responsible Official is defined as:
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:
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 BurnsAir Permitting and Compliance BranchU.S. EPA Region 711201 Renner BoulevardLenexa, 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 AirAir Compliance and Enforcement Section1000 SW JacksonSuite 310Topeka, 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.
KDHE supports improving compliance with environmental laws and regulations by encouraging the use of self-audits, voluntary disclosure of violations, and the implementation of environmental management systems by the regulated community. If a member of the regulated community submits a self disclosure for violations and KDHE determines the violations are not eligible for immunity from penalties, KDHE will take those good faith efforts into consideration when assessing the necessary response.
We also encourage you to contact the K-State Small Business Environmental Assistance Program at 800-578-8898 for confidential help with questions about air permits.
A stack test measures the amount of a specific pollutant or pollutants being emitted through regulated stacks at facilities subject to the requirements of state and federal regulations and permit conditions. Stack testing is an important tool used to determine a facility's compliance with emission limits. Many companies hire contractors to conduct performance tests. KDHE maintains a list of contractors who are available for performance testing in Kansas as well as a List of Performance Testing Companies (PDF). The Environmental Protection Agency (EPA) also maintains a list of national performance testing companies; visit the Air Emission Measurement Center page to view said list.
In addition, KDHE provides Performance Testing Guidelines to help facilities and stack testing companies prepare protocols for, conduct, and prepare reports for performance tests in Kansas.
If the test is required to demonstrate compliance with a federal rule, then a written request for an alternative test method should be sent to Environmental Protection Agency (EPA) Region 7, and the request will be forwarded to EPA Headquarters. The EPA will respond in writing, approving or denying the request for an alternative test method. If the test is required to demonstrate compliance with a state only rule, then a written request should be sent to KDHE. KDHE will respond in writing. The addresses to send such requests are as follows:Kansas Compliance OfficerAir Permitting and Compliance BranchU.S. EPA, Region 711201 Renner BlvdLenexa, KS 66219
Air Compliance and Enforcement SectionKDHE Bureau of Air1000 SW JacksonSuite 310Topeka, KS 66612
Kansas Administrative Regulation (K.A.R.) 28-19-645 prohibits open burning, with a few exceptions outlined in K.A.R. 645-648 (PDF); this regulation can be found on page 100. Contact the KDHE District Office or Local Agency Air Program of the county where you wish to burn for more information.
If you still have questions, please contact the Compliance and Enforcement Section by calling 785-296-6422.
KDHE is aware of three smoke schools in the area. These and other companies also conduct smoke school in neighboring states. Tests are normally conducted twice a year, with one in the spring and another in the fall.
Eastern Technical Associates (ETA)Phone: 919-878-3188ETA Website
AerometPhone: 573-636-6393Aeromet Website
All facilities that are required to apply for a Class I or Class II operating permit must submit an annual emissions inventory. See Kansas Administrative Regulations (K.A.R.) 28-19-517 (Class I inventory and fee requirements) (PDF) and K.A.R. 28-19-546 (Class II inventory requirement) (PDF) for the regulations pertinent to your facility.
See Kansas Administrative Regulation (K.A.R.) 28-19-517(c)(3) (PDF) for more information.
Yes. If your facility did not operate in the previous calendar year and you want to keep your operating permit active, you must submit an annual emissions inventory.
Provided your facility continues to have an active operating permit you must submit an annual emissions inventory. If your facility shut down its operations and you wish to terminate your operating permit, you must notify the Bureau of Air in writing.
Confidential information can be labeled as such within the State and Local Emissions Inventory System (SLEIS) utilizing the CBI checkbox location on the Process tab under Process Emissions.
There are currently no fees associated with inventory from Class II facilities unless the Class II emission thresholds have been exceeded.
Class II facilities will begin paying emission inventory fees for tons of criteria pollutants and hazardous air pollutants emitted beginning with the 2024 reporting year on inventory reports that will be due on April 1, 2025.
See Kansas Administrative Regulation (K.A.R.) 28-19-517(c)(3) (PDF).
The sum of the seasonal throughput percentages represents the total amount of time you operated during the calendar year, not the percentage of your capacity that you operated. The sum of the percentages should always equal 100%. For example, if you burned 90 million cubic feet of natural gas from June to August, 10 million cubic feet of natural gas from September to November and no natural gas during the other quarters, you would enter:
December to February is to be December, January, and February of the same calendar year, which are not consecutive months. The four quarters are operating seasons and should equal 100%.
If these types of records are kept at your facility, determine the average hours/day, and days/week based on your operations during the peaking period. If you do not have this information, please provide your best estimate based on your knowledge of your process.
All emissions of criteria pollutants and their precursor pollutants must be reported including carbon monoxide (CO), oxides of nitrogen (NOx), all forms of particulate matter (PM2.5-Filterable, PM10-Filterable, and PM-Condensable), sulfur dioxide (SO2), and volatile organic compounds (VOCs). Emissions of ammonia (NH3) must also be reported.
All emissions of hazardous air pollutants (HAPs), as listed in Kansas Administrative Regulations (K.A.R.) 28-19-201(a) (PDF), greater than 20 pounds (0.01 tons) per year (facility-wide) must be reported.
There are many activities that have the potential to produce minor emissions that are not required to be reported. Examples of activities that are exempt follow, but are not limited to:
Note: emissions that are a result of routine activities at the facility, even those that may be listed as Insignificant within an Operating Permit, are not exempt and are expected to be reported for annual emissions inventory purposes.
Yes, fugitive emissions must be reported per Kansas Administrative Regulation (K.A.R.) 28-19-517(a)(2)(B) (PDF).
Fugitive emissions include emissions from processes directly related to your operations. Only the vehicles hauling material need to be included in your calculation of haul road emissions. You do not need to include security vehicles or other light duty vehicles.
Please use only the mass of the of metal HAP component. The Chemical Abstracts Service (CAS) numbers for the metal elements can be found in Appendix B (PDF). HAPs that contain metal components and shall be reported include:
VOC include any compound of carbon that participates in atmospheric photochemical reactions, excluding:
The compounds that KDHE has designated as having negligible photochemical reactivity are listed within Kansas Administrative Regulation (K.A.R.) 28-19-201(b) (PDF). Emissions of these compounds do not have to be reported as a VOC, although some of these compounds are hazardous air pollutants (HAPs) and must be reported as HAPs.
Through the Toxic Release Inventory (TRI) program, the Environmental Protection Agency (EPA) has provided guidance on what compounds are included in the glycol ethers category; view the EPA's TRI Guidance Document (PDF), online. Chemicals listed in this document should be reported as glycol ethers.
Kansas Administrative Regulation (K.A.R.) 28-19-210(f)(1) (PDF) specifies that all emissions during startup, shut down, control equipment malfunctions or by-passes or other periods of greater than normal emissions should be calculated as if the emissions unit was being operated without air emission control equipment unless a more accurate manner of calculating actual emissions is demonstrated by the owner or operator and approved by the department.
These emissions should be reported on the inventory along with the facility's other actual emissions for the calendar year using a unique process identifier for malfunctions or upsets.
All forms of Particulate Matter (PM) shall be reported. Particulate Matter (PM) is all finely divided solid or liquid material, other than uncombined water, emitted to the ambient air, inclusive of all particle sizes capable of being airborne:
All subsets of Particulate Matter (PM) shall be reported when applicable:
The appropriate Particulate Matter (PM) emission factor to use will vary depending on what information is available for your particular process. Our current guidance is as follows:
Please note that KDHE requests only the filterable and condensable components of particulate matter, which is in turn used to calculate the primary component of particulate matter.
The following are examples of possible PM emissions calculation scenarios. If you need additional assistance with PM emission factors, please contact us.
For an uncontrolled industrial boiler firing distillate oil, Table 1.3-6 in AP-42 lists the following PM-filterable emission factors:
For an uncontrolled industrial boiler firing distillate oil, Table 1.3-2 in AP-42 lists the following PM-CON emission factor: 1.3 pounds per 1000 gal fuel.
In this case, the proper emission factors are:
For an uncontrolled natural gas fired boiler, Table 1.4-2 in AP-42 lists the following PM emission factors:
A footnote states that all PM is assumed to be less than 1 micrometer in diameter, and, therefore, these factors can be used to calculate PM-10 or PM-2.5.
For an uncontrolled preheated kiln in a cement manufacturing process, Table 11.6-2 in AP-42 lists a filterable total suspended particles (TSP) emission factor of 250 pounds per ton clinker produced. There is no information on PM-10 or PM-2.5 emissions or condensable particulate matter emissions. In this case, the filterable TSP emission factor would be used to calculate PM-10 and no PM-2.5 emissions would be calculated.
Use the emission factor for VOC.
Kansas air regulations define "stack height" as the distance from the ground level elevation at the base of the stack to the elevation of the stack outlet (see Kansas Administrative Regulation (K.A.R.) 28-19-18b(c)).
We have not established a formal standard for accuracy due to the wide variety of types, locations and applications for the equipment in question. We request that actual measurements be conducted for information such as stack height and diameter if facility plans are not available due to the age of the emissions unit. For taller, inaccessible stacks, this may involve using an inclinometer and a rangefinder. Information such as flow rate and temperature can be taken from design plans, old stack tests, or estimated based on process knowledge.
We do not expect facilities to conduct stack tests to obtain this information.
The Air Monitoring and Planning Section staff provides technical services and scientific data to the Bureau to maintain and improve Kansas air quality. Activities include administration of the air monitoring and modeling program and the emissions inventory program. Section staff also operates the air monitoring network, in cooperation with two local agencies, which provides air quality data from 20 sites around the state. The air monitoring data is analyzed to determine compliance with the National Ambient Air Quality Standards (NAAQS) and to evaluate air quality trends.
Staff members also conduct an annual emissions inventory of pollutants emitted from permitted facilities and other sources for the entire state. Emissions inventory data is used to conduct air quality modeling. Modeling aids in understanding the causes of air pollution and to develop pollution reduction strategies in targeted areas. Pollution reduction strategies are incorporated into state implementation plans (SIP) to protect public health, welfare and the environment from the negative effects of air pollution.
The National Ambient Air Quality Standards (NAAQS) were established in the original Clean Air Act (CAA) and revised in 1990. NAAQS are standards set for each air pollutant anticipated to endanger public health or welfare. Pollutants in this category, termed criteria pollutants, include:
There are two types of air quality standards. The primary standard is designed to protect public health with an adequate safety margin. Permissible levels of each pollutant were chosen to protect the health of the most susceptible individuals in a population, including children, the elderly, and those with chronic respiratory illnesses. The secondary standard is designed to protect public welfare and ensure quality of life. Air quality conditions described by the secondary standard may be the same as the primary standard and are chosen to limit economic damage as well as harmful effects to buildings, plants, and animals. The Kansas Ambient Air Monitoring Network measures six criteria air pollutants. The Environmental Protection Agency (EPA) calculates the Air Quality Index (AQI) for five major air pollutants regulated by the Clean Air Act (CAA):
Sources of air pollution are divided up into four categories:
Point sources are large, stationary sources of emissions. Examples of point sources are natural gas compressor stations, petroleum refineries and grain processing or storage facilities. Non-Point sources are smaller, generally more numerous sources whose individual emissions do not qualify them as point sources. Although area sources release relatively small amounts of air pollutants on an individual basis, because of the numbers of these sources, their emissions as a whole are significant. Examples include household solvents and paints, motor vehicle refueling and residential fuel combustion.
On-Road Mobile Sources are sources of air pollution that are not stationary, and can typically be driven on a highway such as cars, trucks, buses and motorcycles. Non-Road Mobile Sources are also not stationary, but typically are not driven on highways. Examples of Non-Road Mobile Sources include lawnmowers, locomotives, and tractors.
There are many adverse health effects from elevated air pollutant levels, and both the symptoms and the severity of the effect can vary greatly from person to person. Some health effects of elevated air pollutant levels include difficulty breathing, chest pains, coughing, and headaches. People with asthma, bronchitis, emphysema, or other upper respiratory illness are often more susceptible to adverse health effects caused by elevated air pollutant levels.
Determining the quality of the air on a daily basis is difficult for the average person. To help the public understand the quality of the air the Environmental Protection Agency created the Air Quality Index (AQI).
Similar to the weather in Kansas, the quality of the air can change from day to day. In order to help citizens understand the quality of the air on a day to day basis, the KDHE provides real-time monitoring data from the Kansas Air Quality Monitoring Network. This monitoring data is used by the Environmental Protection Agency to calculate the Air Quality Index for areas with population of 350,000 people or more as required by federal law. Knowing the local air quality forecast is especially important to people with respiratory illnesses.
No. Kansas regulations do not allow for the collection of paint chip samples by anyone other than a certified risk assessor or lead inspector who is employed by a licensed lead activity firm.
Firms must be licensed by KDHE. To become licensed, renovation contractors must submit an application and fee payment to KDHE. An application can be found on the Applications/Forms page. Once licensed, the firm will be able to advertise that they are a KDHE licensed company under the RRP program and you will be given authorization to use KDHE's Licensed Renovator Firm logo. If you would like to have a copy of the logo, please send an email request to the Residential Lead Hazard Prevention Program.
Renovations covered by the rule must be performed or directed by a Certified Renovator. Individuals can become a certified renovator by completing a one-day training course in Lead-Safe Work Practices (LSWP); view a list of KDHE accredited training providers. All applications for licensure must be received within 1 year from the completion date of your LSWP training class. If it has been over a year since your training, you will be required to take a 4-hour refresher course.
Note: if you have already taken a Lead-Safe Work Practices class by a non-KDHE accredited training provider, you will be required to take an online exam before becoming licensed to perform work in Kansas.
A list of licensed firms can be found on the Licensing and Certification page. You can also send us an email or call 866-865-3233 to speak to a staff member who can assist you to find out if a firm is licensed.
Processing time of applications is generally around 7 days as long as all information submitted on the application is correct and completed. You will be notified of any missing information needed and will have 30 days to submit any additional documentation.
All renovation work that is included in the Renovation, Repair and Painting Rule (RRP) must be done by a licensed firm only. All work must be ceased until your company and employees are properly trained and licensed.
As of April 09, 2010, Kansas was authorized to run our own RRP program. You are only required to be licensed in Kansas if you are performing the work in Kansas. If you are also working outside of Kansas, you will need to contact the Environmental Protection Agency to see if you are required to be licensed with them or if that state has their own RRP program.
Yes. RRP applies to all schools public, private and alternative. The RRP rule affects all facilities where children are present under the age of 6 that visit the property at least 2 different days in a week with each days visit lasting 3 hours or more and a combined visit of 6 hours a week with an annual visit of 60 hours.
Yes. This is considered a coating.
Yes, you will need both the individual and the firm license.
Yes, if you do maintenance or repair work on the rental unit.
Your tenants cannot perform the work on the property unless they are a licensed renovator and either employed by or licensed as a renovation firm. Rent is considered compensation under the rule.
The regulations differ in the following ways: