Revision to the State of Kansas 

Air Quality 

State Implementation Plan 

State of Kansas Plan for Implementation, 

Maintenance and Enforcement of the National 

Ambient Air Quality Standards 

2006 24-hour PM2.5 NAAQS 

April 2010 

Our Vision - Healthy Kansans living in safe and sustainable environments. 

Department of Health and Environment 

Division of Environment 

Bureau of Air 

(785) 296-6024

TABLE OF CONTENTS 

Section Contents 

A Description of Materials Required for Plan Submittal 

• Administrative Materials 

• Technical Support 

B Evidence That Plan Revision Has Been Adopted, and of Effective Date of 

Adopted Plan Revision 

• Secretary’s Declaration of Adoption 

C Authorizing Statutes 

• Kansas Air Quality Statutes (K.S.A. Chapter 65, Article 30) 

D Plan Revision 

• Revision to the State of Kansas Plan for Implementation, Maintenance and 

Enforcement of the National Ambient Air Quality Standards - 2006 24-

hour PM2.5 NAAQS 

E Procedural Requirements Documents 

• Public Hearing Statement 

• Responsiveness Summary 

F Public Notice Documents 

• Kansas Register – September 3, 2009 

• Newspaper Affidavits of Publication 

G Technical Support: Infrastructure SIP 

• Response to Elements of 40 C.F.R. Part 51, Appendix V, Section 2.2 
Section A 
Description of Materials Required for Plan Submittal 

(Per 40 C.F.R. Part 51, Appendix V, Section 2.0 - Criteria) 

Administrative Materials

(40 C.F.R. Part 51, Appendix V, Section 2.1) 

Appendix V 

Section Appendix V Requirement Documentation Provided in 

Submittal

Submittal 

Section

2.1(a) Formal letter of submittal Letter of Submittal Preface 

2.1(b) Evidence the plan has been 

adopted and the effective date 

Secretary’s Declaration of 

Adoption B 

2.1(c) Legal authority to adopt and 

implement plan 

Kansas Air Quality Statutes 

(K.S.A. Chapter 65, Article 30) C 

2.1(d) 

Copy of actual regulation or 

document, including indication 

of the changes made 

Revision to the State of Kansas 

Plan for Implementation, 

Maintenance and Enforcement 

of the National Ambient Air 

Quality Standards - 2006 24-

hour PM2.5 NAAQS 

D 

2.1(e) Evidence the State has followed 

all procedural requirements 

Public Hearing Statement 

Responsiveness Summary 

E 

2.1(f) Evidence that public notice was 

provided 

Kansas Register – September 3, 

2009 

Newspaper Affidavits of 

Publication 

F 

2.1(g) 

Certification that public hearing 

was held as per information in 

public notice 

Public Hearing Statement E 

2.1(h) 

Compilation of public 

comments and responses 

thereto 

Responsiveness Summary E 
Technical Support

(40 C.F.R. Part 51, Appendix V, Section 2.2) 

Appendix V 

Section Appendix V Requirement Documentation 

Provided in Submittal

Submittal 

Section

2.2(a) Identification of all relevant pollutants 

affected by the plan Refer to response. G 

2.2(b) Identification of the location of 

affected sources under the plan Refer to response. G 

2.2(c) Quantification of the changes in the 

plan’s allowable emissions Refer to response. G 

2.2(d) Demonstration that the ambient air 

quality will not deteriorate, etc. Refer to response. G 

2.2(e) Modeling information Refer to response. G 

2.2(f) 

Evidence that emissions limits are 

continuous emission reduction 

technology-based 

Refer to response. G 

2.2(g) Evidence that plan contains emissions 

limits, etc. Refer to response. G 

2.2(h) Compliance/enforcement provisions Refer to response. G 

2.2(i) 

Special economic or technological 

justifications as needed, or 

explanation of why justification not 

needed 

Refer to response. G 
Section B 

Section C 
State of Kansas Air Quality Statutes 

Chapter 65.--PUBLIC HEALTH

Article 30.--AIR QUALITY CONTROL

65-3001. Title of act. K.S.A. 65-3002, 65-3003, 65-3005 through 65-3013 and 

65-3015 through 65-3020 and K.S.A. 65-3008a, 65-3008b and 65-3024 through 65-

3028, and amendments thereto, shall be known and may be cited as the Kansas air 

quality act. History: L. 1967, ch. 347, § 1; L. 1970, ch. 261, § 1; L. 1993, ch. 13, § 1; 

March 25. 

65-3002. Definitions. As used in this act, unless the context clearly requires 

otherwise:

(a) "Air contaminant" means dust, fumes, smoke, other particulate matter, 

vapor, gas, odorous substances, or any combination thereof, but not including water 

vapor or steam condensate. 

(b) "Air contamination" means the presence in the outdoor atmosphere of one or 

more air contaminants. 

(c) "Air pollution" means the presence in the outdoor atmosphere of one or 

more air contaminants in such quantities and duration as is, or tends significantly to be, 

injurious to human health or welfare, animal or plant life, or property, or would 

unreasonably interfere with the enjoyment of life or property, or would contribute to the 

formation of regional haze. 

(d) "Alter" means any physical change in, or change in the method of operation 

of, an air contaminant emission stationary source which increases the amount of any 

regulated air pollutant emitted by such source or which results in the emission of any 

regulated air pollutant not previously emitted. 

(e) "Emission" means a release into the outdoor atmosphere of air contaminants. 

(f) "Deciview" means an atmospheric haze index that expresses changes in 

visibility conditions as defined in 40 C.F.R. 51.301 as in effect on July 1, 2005.

(g) "Facility" means any building, structure, machine, equipment, device or 

installation (or group of buildings, structures, machines, equipment, devices or 

installations), whether temporary or permanent, located on one or more contiguous or 

adjacent properties and under common control of the same person (or persons under 

common control). Such term shall not include locomotives, diesel trucks or truck 

tractors unless otherwise required by the federal clean air act, as amended in November 

1990.

(h) "Modify" or "modification," when used in conjunction with an approval or 

permit action, means an amendment to an existing approval or permit initiated by the 

permittee. When used to describe a change in any air contaminant emission stationary 

source, "modify" shall have the same meaning as the term "alter." 

(i) "Permittee" means the holder of an approval or the holder of a permit and 

includes both the owner and the operator of any approved or permitted air contaminant 

emission source. 

(j) "Person" means any individual, partnership, firm, association, municipality, 

public or private corporation, subdivision or agency of the state or federal government, 

trust, estate or any other legal entity.

KDHE, Bureau of Air 1 Last Revised: February 23, 2010 
(k) "Regional haze" means visibility impairment, measured in deciviews, 

occurring over a large geographic area caused by the cumulative emissions of gaseous 

and particulate air contaminants from numerous sources. 

(l) "Reopen" means to seek an amendment to an existing approval or permit 

initiated by any person other than the permittee. 

(m) "Secretary" means the secretary of health and environment. 

(n) "Stationary source" means any building, structure, facility or installation 

which emits or may emit any air contaminant. History: L. 1967, ch. 347, § 2; L. 1970, 

ch. 261, § 2; L. 1974, ch. 352, § 135; L. 1993, ch. 13, § 2; L. 2006, ch. 84, § 1; July 1.

65-3003. Responsibility of secretary; administration. The responsibility for 

air quality conservation and control of air pollution is hereby placed with the secretary 

of health and environment. The secretary shall administer this act through the division 

of environment. History: L. 1967, ch. 347, § 3; L. 1970, ch. 261, § 3; L. 1974, ch. 352, 

§ 136; July 1.

65-3004. History: L. 1967, ch. 347, § 4; L. 1970, ch. 261, § 4; L. 1974, ch. 348, 

§ 29; Repealed, L. 1974, ch. 352, § 189; July 1.

65-3005. Powers of the secretary. (a) The secretary shall have the power to:

(1) Adopt, amend and repeal rules and regulations implementing and consistent 

with this act.

(2) Hold hearings relating to any aspect of or matter in the administration of this 

act concerning air quality control, and in connection therewith, compel the attendance of 

witnesses and the production of evidence.

(3) Issue such orders, permits and approvals as may be necessary to effectuate 

the purposes of this act and enforce the same by all appropriate administrative and 

judicial proceedings.

(4) Require access to records relating to emissions which cause or contribute to 

air pollution.

(5) Prepare and develop a comprehensive plan or plans for the prevention, 

abatement and control of air pollution originating in Kansas that affects air quality in 

Kansas or in other states or both.

(6) Adopt rules and regulations governing such public notification and comment 

procedures as authorized by this act.

(7) Encourage voluntary cooperation by persons or affected groups to achieve 

the purposes of this act.

(8)(A) Encourage local units of government to handle air pollution problems 

within their respective jurisdictions and on a cooperative basis; (B) provide technical 

and consultative assistance therefor; and (C) enter into agreements with local units of 

government to administer all or part of the provisions of the Kansas air quality act in the 

units' respective jurisdictions. 

(9) Encourage and conduct studies, investigations and research relating to air 

contamination and air pollution and their causes, effects, prevention, abatement and 

control.

(10) Encourage air contaminant emission sources to voluntarily implement 

strategies, including the development and use of innovative technologies, market-based 

principles and other private initiatives to reduce or prevent pollution.

KDHE, Bureau of Air 2 Last Revised: February 23, 2010 
(11) Determine by means of field studies and sampling the degree of air 

contamination and air pollution in the state and the several parts thereof. 

(12) Establish ambient air quality standards for the state as a whole or for any 

part thereof. 

(13) Collect and disseminate information and conduct educational and training 

programs relating to air contamination and air pollution.

(14) Advise, consult and cooperate with other agencies of the state, local 

governments, industries, other states, interstate or interlocal agencies, and the federal 

government, and with interested persons or groups. 

(15) Accept, receive and administer grants or other funds or gifts from public 

and private entities, including the federal government, for the purpose of carrying out 

any of the functions of this act. Such funds received by the secretary pursuant to this 

section shall be deposited in the state treasury to the account of the department of health 

and environment. 

(16) Enter into contracts and agreements with other state agencies or 

subdivisions, local governments, other states, interstate agencies, the federal 

government or its agencies or private entities as is necessary to accomplish the purposes 

of the Kansas air quality act.

(17) Conduct or participate in intrastate or interstate emissions trading programs 

or other programs that demonstrate equivalent air quality benefits for the prevention, 

abatement and control of air pollution in Kansas or in other states or both.

(18) Prepare and adopt a regional haze plan as may be necessary to prevent, 

abate and control air pollution originating in Kansas that affects air quality in Kansas or 

in other states or both. Any regional haze plan prepared by the secretary shall be no 

more stringent than is required by 42 U.S.C. 7491.

(19) Participate in the activities of any visibility transport commission 

established under 42 U.S.C. 7492. The secretary shall report to the governor and the 

legislature on the activities of any such visibility transport commission annually.

(b) It is a policy of the state to regulate the air quality of the state and implement 

laws and regulations that are applied equally and uniformly throughout the state and 

consistent with those of the federal government. 

(1) The secretary shall have the authority to promulgate rules and regulations to 

establish standards to ensure that the state is in compliance with the provisions of the 

federal clean air act, as amended (42 U.S.C. section 7401 et seq.). The standards so 

established shall not be any more stringent, restrictive or expansive than those required 

under the federal clean air act, as amended, nor shall the rules and regulations be 

enforced in any area of the state prior to the time required by the federal clean air act. If 

the secretary determines that more stringent, restrictive or expansive rules and 

regulations are necessary, the secretary may implement the rules and regulations only 

after approval by an act of the legislature. The restrictions of this subsection shall not 

apply to the parts of the state implementation plan developed by the secretary to bring a 

nonattainment area into compliance when needed to have a United States environmental 

protection agency approved state implementation plan. 

(2) For any application for a permit required by federal or state law, the 

secretary shall not deny or delay the issuance of such permit when the requirements of 

this act have been met. History: L. 1967, ch. 347, § 5; L. 1970, ch. 261, § 5; L. 1974, 

ch. 352, § 137; L. 1993, ch. 13, § 3; L. 2006, ch. 84, § 2; L. 2009, ch. 141, § 23; May 

28.

KDHE, Bureau of Air 3 Last Revised: February 23, 2010 
65-3006. Same; publication and enforcement of regulations; employment of 

personnel; services. The secretary shall: 

(a) Publish and enforce the rules, regulations and standards promulgated 

hereunder. The secretary shall furnish a copy of such rules, regulations or standards 

adopted hereunder to any citizen upon request.

(b) Employ such professional, technical and other staff, and provide such 

technical, scientific and other services as may be required, including laboratory 

facilities, for the purpose of effectuating the provisions of this act from funds 

appropriated and available for the purposes of this act. History: L. 1967, ch. 347, § 6; 

L. 1970, ch. 261, § 6; L. 1974, ch. 352, § 138; L. 1975, ch. 312, § 10; July 1.

65-3007. Air contaminant sources; classification; monitoring; reporting. (a) 

The secretary, by rule and regulation, shall classify air contaminant sources which, in 

the secretary's judgment, may cause or contribute to air pollution, according to levels 

and types of emissions and other characteristics which relate to air pollution and may 

require reporting for any such class or classes. The classifications promulgated by the 

secretary shall be made to apply to the state as a whole or to any designated area of the 

state, and shall be made with special reference to effects on health, economic and social 

factors, and physical effects on property.

(b) The secretary shall require air contaminant emission sources to monitor 

emissions, operating parameters, ambient impact of any source emissions or any other 

parameters deemed necessary by the secretary. The secretary may require air 

contaminant emission sources to keep records and make reports consistent with the 

purposes of this act.

(c) Any person operating or responsible for the operation of air contaminant 

sources of any class for which the rules and regulations of the secretary require 

reporting shall make reports containing information as may be required by the secretary 

concerning location, size and height of contaminant outlets, processes employed, fuels 

used and the nature and time periods or duration of emissions, and such other 

information as is relevant to air pollution and available or reasonably capable of being 

assembled. History: L. 1967, ch. 347, § 7; L. 1970, ch. 261, § 7; L. 1974, ch. 352, § 

139; L. 1975, ch. 312, § 11; L. 1993, ch. 13, § 4; March 25. 

65-3008. Approvals and permits for emission stationary sources. (a) No 

person shall construct, own, operate, install, alter or use any air contaminant emission 

stationary source which, in accordance with rules and regulations, the secretary finds 

may cause or contribute to air pollution, unless an appropriate approval or permit has 

been issued for the source by the secretary under this act. Approvals or permits issued 

by the secretary may be subject to conditions consistent with the purposes of this act and 

rules and regulations promulgated under this act.

(b) The secretary shall require that applications for approvals and permits, and 

renewals thereof, under this act shall be accompanied by application fees and such 

plans, specifications, compliance plans or other information as the secretary deems 

necessary. Applications shall be submitted on forms provided by the secretary and shall 

be signed by a responsible official of the source, who shall certify the accuracy of the 

information submitted. 

KDHE, Bureau of Air 4 Last Revised: February 23, 2010 
(c) The issuance or holding of an approval or permit shall not convey any 

property right or exclusive privilege to the holder thereof. 

(d) Without any further action on the part of the secretary, an approval or a 

permit shall become void and without effect on its expiration date unless a completed 

application form and any required fee are filed with the secretary on or before the 

expiration date of the approval or the permit. For purposes of this subsection, the 

secretary may specify by rule and regulation an amount of time prior to the expiration 

date of an operating permit by which a complete application form and any required fee 

must be filed with the secretary in order to be considered timely filed. The secretary 

may provide for a grace period by rule and regulation. 

(e) The secretary may issue by rule and regulation a general approval or permit 

covering numerous similar sources. Any general approval or permit shall comply with 

all requirements applicable to approvals or permits under this act. Any source covered 

by a general approval or permit must apply to the secretary and receive authority to 

operate under the general approval or permit. 

(f) The secretary may fix, charge and collect fees for approvals and permits, and 

the renewal thereof, to cover all or any part of the cost of administering the provisions 

of Kansas air quality act, other than K.S.A. 65-3027. The secretary shall adopt rules and 

regulations fixing such fees. The fees shall be deposited in the state treasury and 

credited to the state general fund, except that if all or any portion of the regulatory 

services for which a fee is collected under this section is performed by a county, citycounty or multicounty health department, that portion of such fee which pertains to such 

services, as determined by the secretary, shall be credited to the local air quality control 

authority regulation services fund, which is hereby created in the state treasury, and 

shall be paid from such fund to such local air quality control authority. History: L. 

1967, ch. 347, § 8; L. 1970, ch. 261, § 8; L. 1974, ch. 352, § 140; L. 1981, ch. 250, § 1; 

L. 1983, ch. 286, § 3; L. 1984, ch. 313, § 126; L. 1993, ch. 13, § 5; March 25.

65-3008a. Same; public comment and hearing; review. (a) No permit shall be 

issued, modified, renewed or reopened without first providing the public an opportunity 

to comment and request a public hearing on the proposed permit action. The request for 

a public hearing on the issuance of a permit shall set forth the basis for the request and a 

public hearing shall be held if, in the judgment of the secretary, there is sufficient 

reason.

(b) The secretary shall affirm, modify or reverse the decision on such permit 

after the public comment period or public hearing, and shall affirm the issuance of any 

permit the terms and conditions of which comply with all requirements established by 

rules and regulations promulgated pursuant to the Kansas air quality act. Any person 

who participated in the public comment process or the public hearing who otherwise 

would have standing under K.S.A. 77-611, and amendments thereto, shall have standing 

to obtain judicial review of the secretary's final action on the permit pursuant to the act 

for judicial review and civil enforcement of agency actions in the court of appeals. Any 

such person other than the applicant for or holder of the permit shall not be required to 

have exhausted administrative remedies in order to be entitled to review. The court of 

appeals shall have original jurisdiction to review any such final agency action. The 

record before the court of appeals shall be confined to the agency record for judicial 

review and consist of the documentation submitted to or developed by the secretary in 

making the final permit decision, including the permit application and any addenda or 

KDHE, Bureau of Air 5 Last Revised: February 23, 2010 
amendments thereto, the permit summary, the draft permit, all written comments 

properly submitted to the secretary, all testimony presented at any public hearing held 

on the permit application, all responses by the applicant or permit holder to any written 

comments or testimony, the secretary's response to the public comments and testimony 

and the final permit. 

(c) When determined appropriate by the secretary, the procedures set out in 

subsection (a) may be required prior to the issuance, modification, renewal or reopening 

of an approval. History: L. 1993, ch. 13, § 6; L. 2006, ch. 79, § 1; L. 2009, ch. 141, § 

24; May 28.

65-3008b. Same; suspension, revocation, denial, modification, issuance. (a) 

The secretary may suspend or revoke an approval or a permit if the permittee has 

violated any provision of the approval or the permit, any provision of this act or any rule 

and regulation adopted under this act and applicable to the permitted source. 

(b) As applicable to the source for which the approval or permit is sought, the 

secretary may deny an approval or permit, or a renewal thereof, if the applicant fails to: 

(1) Submit a complete application; or (2) submit an application fee. 

(c) The secretary may deny a permit for any proposed new stationary source if 

the owner or operator of such a source fails to demonstrate to the satisfaction of the 

secretary that any other stationary source owned or operated by such person, or by any 

entity controlling, controlled by or under common control with such person, in this state 

is in compliance, or meeting a schedule for compliance, with all applicable emission 

limitations and standards under this act and the federal clean air act, and amendments 

thereto.

(d) The secretary may modify or reopen an approval or a permit for cause. The 

secretary shall reopen a permit whenever requirements under this act become applicable 

to a permitted source and three or more years remain on the original term of the permit. 

Any permit revision incorporating a requirement adopted by the secretary shall be 

effective as soon as practicable, but not later than 18 months after the promulgation of 

the requirement by the United States environmental protection agency. 

(e) Within 15 days after the issuance of a notice of intent to take any action 

authorized by subsection (a), (b), (c) or (d), or within 15 days after the secretary's 

written decision to affirm, modify or reverse a permit decision pursuant to subsection 

(b) of K.S.A. 65-3008a, the permittee may file a request for a hearing with the secretary. 

Each such notice of intent shall specify the provision of this act or rule and regulation 

allegedly violated, the facts constituting the alleged violation and the secretary's 

intended action. Each notice of intent or written decision to affirm, modify or reverse a 

permit decision shall state the permittee's right to request a hearing. Such hearing shall 

be conducted in accordance with the Kansas administrative procedure act. 

(f) The filing of a request by the permittee for an approval or permit 

modification, revocation or amendment, or the filing by the permittee of a notification 

of planned changes or anticipated noncompliance, does not stay any approval or permit

condition.

(g) No permit shall be issued, modified, amended, revised or renewed unless the 

United States environmental protection agency has certified that such permit complies 

with the requirements of the federal clean air act, except that a permit may be issued if 

the United States environmental protection agency has not notified the secretary of the 

KDHE, Bureau of Air 6 Last Revised: February 23, 2010 
United States environmental protection agency's decision within 45 days after receipt of 

the proposed permit by such agency. 

(h) The secretary shall issue or deny the permit (including requests for 

modification or to reopen the permit): 

(1) Within three years of the date the United States environmental protection 

agency approves the state permitting program pursuant to the provisions of the federal 

clean air act, as amended in November 1990, for permit applications submitted within 

the first full year after such date; 

(2) pursuant to the time schedule provided by title IV (acid rain) of the 1990 

amendments to the federal clean air act, for air contaminant emission sources subject to 

that title; or 

(3) within 18 months after receiving a complete application, in all other cases. 

(i) Failure of the secretary to issue or deny the permit, or grant or deny a request 

to modify or reopen the permit, within the period stated in subsection (h) shall not result 

in the default issuance of a permit, permit amendment, permit modification or permit 

renewal nor shall such failure result in any other entity assuming jurisdiction to act on 

the permit or the request. History: L. 1993, ch. 13, § 7; March 25.

65-3009. Inspections. The secretary may designate competent representatives 

who may enter and inspect any property, premise or place at any reasonable time for the 

purpose of investigating either an actual or possible source of air pollution or of 

ascertaining the state of compliance with this act and regulations in force pursuant 

thereto. No person shall refuse entry or access to any authorized representative of the 

secretary who requests entry for purposes of inspection, and who presents appropriate 

credentials; nor shall any person obstruct, hamper or interfere with any such inspection. 

If requested, the owner or operator of the premises shall receive a report setting forth 

levels of emissions and any other facts found which relate to compliance status. 

History: L. 1967, ch. 347, § 9; L. 1970, ch. 261, § 9; L. 1974, ch. 352, § 141; July 1.

65-3010. Emission control requirements. (a) The secretary shall establish 

emission control requirements, and requirements for open burning (including 

appropriate prohibition thereof). Such requirements may be either for such areas as a 

whole or may vary from area to area, as may be appropriate to facilitate accomplishment 

of the purposes of this act and in order to take necessary or desirable account of varying 

local conditions. Any emission which does not conform to a requirement in force 

pursuant to this subsection shall constitute a violation of this act. 

(b) Every local air quality conservation program that is established pursuant to 

K.S.A. 65-3016, as amended, shall be in compliance with the rules and regulations set 

forth for that area by the secretary.

(c) Variations from the requirements of subsection (b) of this section may be 

included in a local air quality conservation program only after approval by the secretary, 

following demonstration to the satisfaction of the secretary that the proposed 

requirements are not less stringent than the standards and requirements established by 

the secretary and are otherwise consistent with the purposes of this act. Any requirement 

placed in force pursuant to this subsection shall be preceded by public hearing. The 

secretary, upon evidence that conditions have changed or that additional or other 

information is relevant to a decision with respect to the emission control or open 

KDHE, Bureau of Air 7 Last Revised: February 23, 2010 
burning requirements concerned may, after public hearing, withdraw any approval 

previously given to a local requirement pursuant to this subsection. 

(d) The secretary shall establish reasonable ambient air quality standards for the 

state as a whole, or any part thereof, and shall require the emission control requirements 

of any local program to be consistent with such standards in addition to meeting any 

other requirements pursuant to this section. History: L. 1967, ch. 347, § 10; L. 1970, 

ch. 261, § 10; L. 1974, ch. 352, § 142; July 1.

65-3011. Enforcement; procedure. (a) If the secretary or the director of the 

division of environment finds that any person has violated any provision of any 

approval, permit or compliance plan or any provision of this act or any rule and 

regulation promulgated under this act, the secretary may issue an order finding such 

person in violation of the act and directing the person to take such action as necessary to 

correct the violation. Any order issued shall specify the length of time after receipt of 

the order during which the person must correct the violations.

(b) Any person to whom an order is issued pursuant to subsection (a) may 

request a hearing within 15 days after service of the order. Hearings before the secretary 

shall be conducted in accordance with the Kansas administrative procedure act. 

History: L. 1967, ch. 347, § 11; L. 1970, ch. 261, § 11; L. 1974, ch. 352, § 143; L. 

1988, ch. 356, § 201; L. 1993, ch. 13, § 9; March 25. 

65-3012. Action to protect health or environment; judicial review 

procedures. (a) Upon receipt of evidence that emissions from an air pollution source or 

combination of air pollution sources presents: (1) An imminent and substantial 

endangerment to public health or welfare or to the environment; or (2) for an imminent 

or actual violation of this act, any rules and regulations adopted under this act, any 

orders issued under this act or any permit conditions required by this act, the secretary 

may issue a temporary order not to exceed seven days in duration, directing the owner 

or operator, or both, to take such steps as necessary to prevent the act or eliminate the 

practice.

(b) Upon issuance of the temporary order, the secretary may commence an 

action in the district court to enjoin acts or practices specified in subsection (a) or 

request the attorney general or appropriate county or district attorney to commence an 

action to enjoin those acts or practices.

(c) The secretary may bring suit in any court of competent jurisdiction to 

immediately restrain the acts or practices specified in subsection (a). An action for 

injunction under this subsection shall have precedence over other cases in respect to 

order of trial.

(d) The owner or operator, or both, aggrieved by an order of the secretary issued 

pursuant to this section shall be immediately entitled to judicial review of such agency 

action by filing a petition for judicial review in district court. The aggrieved party shall 

not be required to exhaust administrative remedies. A petition for review under this 

subsection shall have precedence over other cases in respect to order of trial. History:

L. 1967, ch. 347, § 12; L. 1970, ch. 261, § 12; L. 1974, ch. 352, § 144; L. 1993, ch. 13, 

§ 12; L. 2009, ch. 141, § 25; May 28.

65-3013. Variances; hearing. (a) Any person who owns or is in control of any 

plant, building, structure, process or equipment may apply to the secretary for a variance 

KDHE, Bureau of Air 8 Last Revised: February 23, 2010 
from rules and regulations governing the quality, nature, duration or extent of emissions. 

The application shall be accompanied by such information and data as the secretary may 

reasonably require. The secretary may grant such variance if the secretary finds that: 

(1) The emissions occurring or proposed to occur do not endanger or tend 

significantly to endanger human health or safety; and

(2) Compliance with the rules and regulations from which variance is sought 

would produce serious hardships without equal or greater benefits to the public.

(b) No variance shall be granted pursuant to this section except after public 

hearing on due notice and until the secretary has considered the relative interests of the 

applicant, other owners of property likely to be affected by the discharges, and the 

general public.

(c) Any variance or renewal thereof shall be granted within the requirements of 

subsection (a) and for time periods and under conditions consistent with the reasons 

therefor, and within the following limitations: 

(1) If the variance is granted on the ground that there is no practicable means 

known or available for the adequate prevention, abatement or control of the air pollution 

involved, it shall be only until the necessary means for prevention, abatement or control 

become known and available and subject to the taking of any substitute or alternate 

measures that the secretary may prescribe. 

(2) If the variance is granted on the ground that compliance with the particular 

requirement or requirements from which variance is sought will necessitate the taking of 

measures which, because of their extent or cost, must be spread over a considerable 

period of time, it shall be for a period not to exceed such reasonable time as the 

secretary finds is requisite for the taking of the necessary measures. A variance granted 

on the ground specified herein shall contain a timetable for the taking of action in an 

expeditious manner and shall be conditioned on adherence to such timetable. 

(3) If the variance is granted on the ground that it is justified to relieve or 

prevent hardship of a kind other than that provided for in subsections (c)(1) and (2), it 

shall be for not more than one year. 

(d) Any variance granted pursuant to this section may be renewed on terms and 

conditions and for periods which would be appropriate on initial granting of a variance. 

If complaint is made to the secretary on account of the variance, no renewal thereof 

shall be granted, unless following public hearing on the complaint on due notice, the 

secretary finds that renewal is justified. No renewal shall be granted except on 

application therefor. Any such application shall be made at least 60 days prior to the 

expiration of the variance. Immediately upon receipt of an application for renewal the 

secretary shall give public notice of such application in accordance with rules and 

regulations of the secretary.

(e) A variance or renewal shall not be a right of the applicant or holder thereof 

but shall be in the discretion of the secretary. Within 15 days after the secretary's written 

decision to grant or deny a variance or renewal thereof, the applicant or holder of a 

variance or renewal may file a request for a hearing with the secretary. Such hearing 

shall be conducted in accordance with the Kansas administrative procedure act. 

However, any person who participated in the public comment process or the public 

hearing or who otherwise would have standing under K.S.A. 77-611, and amendments 

thereto, and is adversely affected by any final action of the secretary pursuant to this 

section shall have standing to obtain judicial review of the secretary's final action on the 

variance or renewal in the court of appeals. Any such person other than the applicant for 

KDHE, Bureau of Air 9 Last Revised: February 23, 2010 
or holder of the permit shall not be required to have exhausted administrative remedies 

in order to be entitled to review. The court of appeals shall have original jurisdiction to 

review any such final agency action. The record before the court of appeals shall be 

confined to the agency record for judicial review and consist of the documentation 

submitted to or developed by the secretary in making the final variance or renewal 

decision, including the variance or renewal application and any addenda or amendments 

thereto, the variance or renewal summary, the draft variance or renewal, all written 

comments properly submitted to the secretary, all testimony presented at any public 

hearing held on the variance or renewal application, all responses by the applicant or 

holder of a variance or renewal to any written comments or testimony, the secretary's 

response to the public comments and testimony and the final variance or renewal. 

(f) Nothing in this section and no variance or renewal granted pursuant hereto 

shall be construed to prevent or limit the application of the emergency provisions and 

procedures of K.S.A. 65-3012, and amendments thereto, to any person or any person's 

property. History: L. 1967, ch. 347, § 13; L. 1970, ch. 261, § 13; L. 1974, ch. 352, § 

145; L. 1986, ch. 318, § 93; L. 1988, ch. 356, § 202; L. 2006, ch. 79, § 2; April 13.

65-3014. History: L. 1967, ch. 347, § 14; L. 1970, ch. 261, § 14; L. 1974, ch. 

352, § 146; L. 1986, ch. 318, § 94; Repealed, L. 1993, ch. 13, § 18; March 25.

65-3015. Records and information open; trade secret exception. (a) Except 

as provided in subsection (b), any records, reports or information obtained pursuant to 

this act shall be available to the public. 

(b) Upon a showing satisfactory to the secretary by any person that records, 

reports or information, or a particular part thereof (other than emission data), to which 

the secretary has access under this act, if made public, would divulge methods or 

processes entitled to protection as trade secrets of such person under the uniform trade 

secrets act (K.S.A. 60-3320 et seq. and amendments thereto), the secretary shall 

consider such record, report or information, or particular portion thereof, confidential, 

except that: (1) Such record, report or information may be disclosed to officers, 

employees or authorized representatives of the United States government concerned 

with carrying out responsibilities under the federal clean air act and amendments 

thereto; and (2) this subsection shall not apply to any provision in any air quality 

approval or permit issued by the secretary and the public shall have access to such 

approvals and permits in their entirety. History: L. 1967, ch. 347, § 15; L. 1970, ch. 

261, § 15; L. 1973, ch. 254, § 1; L. 1974, ch. 352, § 147; L. 1993, ch. 13, § 13; L. 2005, 

ch. 67, § 7; July 1.

65-3015a. History: L. 1970, ch. 261, § 20; Repealed, L. 1973, ch. 254, § 2; July 

1.

65-3016. Local air quality conservation programs. Any city, county, city and 

county, or any combination of two (2) or more cities, counties or cities and counties are 

authorized to conduct tests and surveys to determine the degree of purity of the air 

within its jurisdiction, and may request consultation, technical assistance and 

cooperation from the secretary in conducting such tests and surveys. If such tests and 

surveys indicate that unsatisfactory air quality exists, is likely to exist or is likely to 

occur, the governing body of said city or county shall have the authority, upon approval 

KDHE, Bureau of Air 10 Last Revised: February 23, 2010 
of the secretary, to establish a local air quality conservation authority: Provided, That no 

local air quality conservation authority shall be so approved, except after a public 

hearing as provided in this act. Any local air quality conservation authority which was 

in existence prior to May 1, 1967, may apply to the secretary for approval as a local air 

quality conservation authority hereunder. In approving or disapproving the formation of 

a local air quality conservation authority, the secretary shall determine: (1) The need for 

a local air quality conservation authority in the jurisdiction proposed; (2) the likely 

ability of the local air quality conservation authority, as proposed, to maintain 

satisfactory air quality in its jurisdiction; and (3) whether or not the jurisdiction of the 

proposed local air quality conservation authority completely contains the affected area. 

Local air quality control authorities shall have authority to enforce the rules, 

regulations and standards adopted by the secretary and to establish such additional rules, 

regulations and standards as necessary to maintain satisfactory air quality within their 

jurisdiction: Provided, That any rule, regulation or standard established by a local air 

quality conservation authority pertaining to health hazard shall be in compliance with 

the rules and regulations set forth for that area by the secretary: Provided further, That 

until the secretary shall adopt rules, regulations and standards respecting any area within 

the jurisdiction of a local air quality conservation authority, the rules, regulations and 

standards of such local authority respecting said area or areas shall have full force and 

effect without approval thereof by the secretary.

Upon the establishment of a local air quality conservation authority, such 

authority and the secretary shall have concurrent jurisdiction over the local area with 

power and authority to maintain adequate air quality in accordance with the rules, 

regulations and standards adopted by the secretary.

When two (2) or more cities, two (2) or more counties or a city and a county, or 

any combination thereof, are affected by a common air mass of unsatisfactory quality 

and the respective local air quality control authorities, if such exist, are for any reason 

unable to agree upon a solution or settlement to such air quality problem, the secretary 

shall, after review and investigation, render decisions and make findings in settlement 

thereof. History: L. 1967, ch. 347, § 16; L. 1970, ch. 261, § 16; L. 1974, ch. 352, § 148; 

July 1.

65-3017. Motor vehicle pollution. (a) As the state of knowledge and 

technology relating to the control of emissions from motor vehicles may permit or make 

appropriate, and in furtherance of the purposes of this act, the secretary may provide by 

rules and regulations for the control of emissions from motor vehicles. Such rules and 

regulations may prescribe requirements for the installation and use of equipment 

designed to reduce or eliminate emissions and for the proper maintenance of such 

equipment and of vehicles. Any rules or regulations pursuant to this section shall be 

consistent with provisions of federal law or regulations, if any, relating to control of 

emissions from the vehicles concerned. The secretary shall not require, as a condition 

precedent to the initial sale of a vehicle or vehicular equipment, the inspection, 

certification or other approval of any feature or equipment designed for the control of 

emissions from motor vehicles, if such feature or equipment has been certified, 

approved or otherwise authorized pursuant to federal law.

(b) As used in this section "motor vehicle" shall have the same meaning as in 

K.S.A. 8-1437. History: L. 1967, ch. 347, § 17; L. 1970, ch. 261, § 17; L. 1974, ch. 

352, § 149; L. 1975, ch. 33, § 8; L. 1976, ch. 52, § 4; July 1.

KDHE, Bureau of Air 11 Last Revised: February 23, 2010 
65-3018. Administrative fines. (a) The secretary or the director of the division 

of environment, upon a finding that a person has violated any provision of K.S.A. 65-

3025 and amendments thereto, may impose a penalty not to exceed $10,000 which shall 

constitute an actual and substantial economic deterrent to the violation for which it is 

assessed. In the case of a continuing violation, every day such violation continues shall 

be deemed a separate violation. 

(b) No penalty shall be imposed pursuant to this section except after notice of 

violation and opportunity for hearing upon the written order of the secretary or the 

director of the division of environment issued to the person who committed the 

violation. The order shall state the violation, the penalty to be imposed and the right to 

request a hearing thereon. The request for hearing shall be in writing, directed to the 

secretary and filed with the secretary within 15 days after service of the order. Hearings 

under this section shall be conducted in accordance with the Kansas administrative 

procedure act.

(c) Nothing in this act shall be construed to abridge, limit or otherwise impair 

the right of any person to damages or other relief on account of injury to persons or 

property and to maintain any action or other appropriate proceeding therefor. History:

L. 1967, ch. 347, § 18; L. 1970, ch. 261, § 18; L. 1974, ch. 352, § 150; L. 1993, ch. 13, 

§ 14; March 25.

65-3019. Application of act; limitations. Nothing in this act shall be construed 

to:

(a) Grant the secretary any jurisdiction or authority with respect to air 

contamination existing solely within commercial and industrial plants, works and shops.

(b) Affect the relations between employers and employees. 

(c) Supersede or limit the applicability of any law or ordinance relating to 

industrial health, safety or sanitation. History: L. 1967, ch. 347, § 19; L. 1970, ch. 261, 

§ 19; L. 1974, ch. 352, § 151; July 1.

65-3020. Severability. If any clause, paragraph, subsection or section of this 

act shall be held invalid or unconstitutional, it shall be conclusively presumed that the 

legislature would have enacted the remainder of this act without such clause, paragraph, 

subsection or section. History: L. 1967, ch. 347, § 20; May 2.

65-3021. Power generation facility; impact upon air quality; definitions. As 

used in this act the following terms shall have the meanings ascribed to them herein: (a) 

"Power generation facility" means any physical plant used for the production or 

generation of electricity, or coal gasification facility. 

(b) "Secretary" means the secretary of health and environment. 

(c) "Person" means any individual, company, corporation, institution, 

municipality, township, county, state agency or federal agency. History: L. 1978, ch. 

352, § 1; July 1.

65-3022. Same; determining and monitoring of power generation facilities 

environmental impact; programs for; fees; rules and regulations. In order to defray 

costs in determining and monitoring the environmental impact of power generation 

facilities with respect to air quality and, in the case of nuclear powered generation 

facilities, the overall radiological impact thereof, the secretary is authorized and 

KDHE, Bureau of Air 12 Last Revised: February 23, 2010 
directed to adopt rules and regulations to provide for the establishment of fees and for 

the collection thereof from each such facility. Such fees shall be determined and 

collected annually, and such determination shall be based upon the size and type of such 

facilities. In establishing programs for determining and monitoring environmental 

impact, the secretary shall take into consideration monitoring programs conducted by 

other persons and where possible avoid duplication of effort and expense. The secretary 

may also provide for quality review and evaluation of monitoring conducted by other 

persons in order to further the objectives of this act and to determine the extent and 

necessity of monitoring programs to be conducted by the department of health and 

environment. History: L. 1978, ch. 352, § 2; July 1.

65-3023. Same; fees; disposition of moneys; power generating facility fee 

fund created. The secretary shall remit all moneys received from fees under K.S.A. 65-

3022, and amendments thereto, to the state treasurer in accordance with the provisions 

of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the 

state treasurer shall deposit the entire amount in the state treasury to the credit of the 

power generating facility fee fund, which fund is hereby created. All expenditures from 

such fund shall be made in accordance with appropriation acts upon warrants of the 

director of accounts and reports issued pursuant to vouchers approved by the secretary. 

History: L. 1978, ch. 352, § 3; L. 1983, ch. 286, § 4; L. 2001, ch. 5, § 242; July 1.

65-3024. Emissions fees. (a) The secretary may fix, charge and collect annual 

emissions fees in amounts necessary to pay the direct and indirect costs of administering 

the provisions of the Kansas air quality act. The secretary shall adopt rules and 

regulations fixing such fees and shall periodically increase or decrease such fees 

consistent with the need to cover the direct and indirect costs of administering the 

program. To the extent possible, annual emission fees shall be based upon actual 

emissions determined pursuant to rules and regulations adopted by the secretary. For 

purposes of determining emission fees for a facility, emissions of any single regulated 

pollutant in excess of 4,000 tons per year shall not be included in the calculation when 

determining the total emissions from the facility. 

(b) There is hereby established in the state treasury the air quality fee fund. 

Revenue from the following sources shall be deposited in the state treasury and credited 

to the fund:

(1) Fees collected under subsection (a);

(2) any moneys recovered by the state under the provisions of this act, including 

administrative expenses, civil penalties and moneys paid under any agreement, 

stipulation or settlement; and 

(3) interest attributable to investment of moneys in the fund. 

(c) Moneys deposited in the fund shall be expended only for the purpose of 

administering the Kansas air quality act, including funding of a technical and 

environmental compliance assistance program, and for no other governmental purposes. 

(d) On or before the 10th of each month, the director of accounts and reports 

shall transfer from the state general fund to the air quality fee fund interest earnings 

based on:

(1) The average daily balance of moneys in the air quality fee fund for the 

preceding month; and 

KDHE, Bureau of Air 13 Last Revised: February 23, 2010 
(2) the net earnings rate of the pooled money investment portfolio for the 

preceding month. 

(e) All expenditures from the fund shall be made in accordance with 

appropriation acts upon warrants of the director of accounts and reports issued pursuant 

to vouchers approved by the secretary for the purposes set forth in this section. History:

L. 1993, ch. 13, § 8; L. 1996, ch. 253, § 13; May 23.

65-3025. Unlawful acts. It shall be unlawful for any person to do any of the 

following:

(a) Violate any provision of an order issued under this act.

(b) Violate any provision of an approval or permit issued under this act. 

(c) Violate any provision of this act or any rule and regulation promulgated 

under this act, unless the secretary makes a determination relating to the permittee that 

the specified provisions referred to in such determination are not applicable to the 

source and the permit includes that determination or a concise summary thereof. 

Compliance with the provisions of a permit shall be deemed compliance with applicable 

provisions of this act or any rule and regulation promulgated under this act if the permit 

includes the applicable requirements of such provisions. Nothing in this subsection (c) 

or in any permit shall alter or affect: (1) The provisions of section 303 of the federal 

clean air act (emergency orders), including the authority of the administrator of the 

United States environmental protection agency under that section; (2) the provisions of 

K.S.A. 65-3012 and amendments thereto; (3) the liability of an owner or operator of a 

source for any violation of applicable requirements prior to or at the time of permit 

issuance; (4) the applicable requirements of the acid rain program consistent with 

section 408a of the federal clean air act; (5) the ability of the United States 

environmental protection agency to obtain information from a source pursuant to 

section 114 of the federal clean air act; or (6) the ability of the secretary to obtain 

information from a source pursuant to this act. 

(d) Construct, modify, alter, use or operate an air contaminant emission 

stationary source without an approval or permit allowing such construction, 

modification, alteration, use or operation.

(e) At any time, refuse or hinder entry, inspection, sampling or examination or 

copying of records related to the purposes of this act by an agent or employee of the 

secretary after such agent or employee identifies and gives notice of the agent's or 

employee's purpose. 

(f) Fail to pay any fee required by this act or rules and regulations promulgated 

under this act.

(g) Knowingly make any false material statement, representation or certification 

in any application, record, report, permit or other document filed, maintained or used 

for purposes of compliance with this act. 

(h) Knowingly destroy, alter or conceal any record required to be maintained 

under rules and regulations promulgated by the secretary under this act. History: L. 

1993, ch. 13, § 10; March 25.

65-3026. Criminal penalties. (a) Violation of any provision of subsections (a) 

through (f) of K.S.A. 65-3025, and amendments thereto, is a class A nonperson 

misdemeanor. 

KDHE, Bureau of Air 14 Last Revised: February 23, 2010 
(b) Knowingly violating any provision of K.S.A. 65-3025 is a severity level 10, 

nonperson felony.

(c) In the case of a continuing violation, every day such violation continues 

shall be deemed a separate violation. 

(d) The county or district attorney of every county shall file appropriate actions 

for enforcement of this section upon request of the secretary or upon the county or 

district attorney's own motion after consultation with the secretary. History: L. 1993, 

ch. 13, § 11; L. 1995, ch. 251, § 19; July 1.

65-3027. Small business assistance program; compliance advisory panel. (a) 

There is hereby created the small business stationary source technical and 

environmental compliance assistance program, to be administered by the secretary. The 

program shall include each of the following: 

(1) Adequate mechanisms for developing, collecting and coordinating 

information concerning compliance methods and technologies for small business 

stationary sources and programs to encourage lawful cooperation among such sources 

and other persons to further compliance with this act. 

(2) Adequate mechanisms for assisting small business stationary sources with 

pollution prevention and accidental release detection and prevention, including 

providing information concerning alternative technologies, process changes, products 

and methods of operation that help reduce air pollution. 

(3) A designated office within the Kansas department of health and 

environment, reporting directly to the secretary, to serve as ombudsman for small 

business stationary sources in connection with implementation of this act. 

(4) A compliance assistance program for small business stationary sources 

which assists small business stationary sources in determining applicable requirements 

and in receiving permits under this act in a timely and efficient manner. 

(5) Adequate mechanisms to assure that small business stationary sources 

receive notice of their rights under this act in such manner and form as to assure 

reasonably adequate time for such sources to evaluate compliance methods and any 

relevant or applicable proposed or final rule and regulation or standard adopted under 

this act. 

(6) Adequate mechanisms for informing small business stationary sources of 

their obligations under this act, including mechanisms for referring such sources to 

qualified auditors or for providing audits of the operations of such sources to determine 

compliance with this act. 

(7) Procedures for consideration of requests from a small business stationary 

source for modification of: (A) Any work practice or technological method of 

compliance; or (B) the schedule of milestones for implementing such work practice or 

method of compliance preceding any applicable compliance date, based on the 

technological and financial capability of any such small business stationary source. No 

such modification may be granted unless it is in compliance with the applicable 

requirement of this act and rules and regulations promulgated hereunder.

(b) "Small business stationary source" means a stationary air contaminant 

emission source that: 

(1) Is owned or operated by a person that employs 100 or fewer individuals; 

(2) is a small business concern as defined in the federal small business act; 

(3) is not a major stationary source; 

KDHE, Bureau of Air 15 Last Revised: February 23, 2010 
(4) does not emit 50 tons or more per year of any regulated air contaminant; and 

(5) emits less than 75 tons per year of all regulated air contaminants. 

(c) Upon petition by a source, the secretary, after notice and opportunity for 

public comment, may include as a small business stationary source for purposes of this 

section any stationary source which does not meet the criteria of subsection (b)(3), (4) 

or (5) but which does not emit more than 100 tons per year of all regulated air 

contaminants. 

(d) The secretary may exclude from the small business stationary source 

definition any category or subcategory of sources that the administrator of the United 

States environmental protection agency determines to have sufficient technical and 

financial capabilities to meet the requirements of the federal clean air act without the 

application of this program, as provided by section 507(c)(3)(A) of the 1990 

amendments to the federal clean air act. 

(e) The secretary, in consultation with the administrator of the United States 

environmental protection agency and the administrator of the United States small 

business administration and after providing notice and the opportunity for public 

hearing, may exclude from the small business stationary source definition any category 

or subcategory of sources that the secretary determines to have sufficient technical and 

financial capabilities to meet the requirements of the act without the application of this 

section.

(f) There is hereby created a compliance advisory panel composed of seven 

individuals. The compliance advisory panel shall:

(1) Render advisory opinions concerning the effectiveness of the small business 

stationary source technical and environmental compliance assistance program, 

difficulties encountered and degree and severity of enforcement; 

(2) make periodic reports to the administrator of the United States 

environmental protection agency concerning compliance of the small business 

stationary source technical and environmental compliance assistance program with the 

requirements of the federal paperwork reduction act, the regulatory flexibility act and 

the equal access to justice act; 

(3) review information for small business stationary sources to assure such 

information is understandable by the layperson; and 

(4) have the small business stationary source technical and environmental 

compliance assistance program serve as the secretariat for the development and 

dissemination of such reports and advisory opinions. 

(g) The compliance advisory panel shall consist of:

(1) Two members who are not owners, or representatives of owners, of small 

business stationary sources, appointed by the governor to represent the general public;

(2) two members who are owners, or who represent owners, of small business 

stationary sources, one appointed by the speaker and one appointed by the minority 

leader of the Kansas house of representatives;

(3) two members who are owners, or who represent owners, of small business 

stationary sources, one appointed by the president and one appointed by the minority 

leader of the Kansas senate; and

(4) one member appointed by the secretary to represent the department of health 

and environment. 

(h) Members of the compliance advisory panel serving on the effective date of 

this act by appointment by the governor, the speaker of the house of representatives or 

KDHE, Bureau of Air 16 Last Revised: February 23, 2010 
the president of the senate shall serve for terms ending June 30, 1998; members serving 

on the effective date of this act by appointment by the minority leader of the house of 

representatives, the minority leader of the senate or the secretary of health and 

environment shall serve for terms ending June 30, 1997. Upon expiration of such terms, 

the term of each member appointed to a vacancy created by expiration of a term shall be 

two years commencing on July 1 immediately following expiration of the term of the 

member's predecessor. Any vacancy occurring on the panel shall be filled for the 

unexpired term by appointment by the original appointing authority.

(i) A chairperson shall be elected annually by the members of the compliance 

advisory panel. A vice-chairperson shall be designated by the chairperson to serve in 

the absence of the chairperson.

(j) The secretary may reduce any fee required by this act for any classification 

of small business sources to take into account the financial resources of such 

classification. History: L. 1993, ch. 13, § 15; L. 1997, ch. 18, § 1; Apr. 3.

65-3028. Rules and regulations continued in effect. All rules and regulations 

promulgated pursuant to K.S.A. 65-3001 et seq., and amendments thereto, in existence 

on the effective date of this act shall continue to be effective until revised, amended, 

repealed or nullified pursuant to law. History: L. 1993, ch. 13, § 16; March 25. 

65-3029. Duties of secretary; approval of prevention of significant 

deterioration permit. (a) The secretary shall timely approve a prevention of significant 

deterioration permit (PSD) to sunflower electric power corporation to be issued 

consistent with the settlement agreement executed May 4, 2009, by sunflower electric 

power corporation and the governor of the state of Kansas to resolve all claims or causes 

of action, or both, pending before various courts and administrative agencies consistent 

with article V of the settlement agreement. 

(b) This section shall be part of and supplemental to the Kansas air quality act. 

History: L. 2009, ch. 141, § 42; May 28.

65-3030. Severability clause. The provisions of this act [*] are declared to be 

severable and if any provision, word, phrase or clause of the act or the application 

thereof to any person shall be held invalid, such invalidity shall not affect the validity of 

the remaining portions of this act. History: L. 2009, ch. 141, § 43; May 28.

Please note that this copy of the Kansas Air Quality Statutes may contain typographical 

errors. The text contained herein is from the State of Kansas Legislature website: 

http://www.kslegislature.org/legsrv-statutes/index.do

KDHE, Bureau of Air 17 Last Revised: February 23, 2010 

The following disclaimer is from that website:

NOTICE 

The text of the Kansas Statutes is provided with the permission of the Revisor of Statutes 

of the State of Kansas. 

The Information Network of Kansas (INK) has made every effort to create an accurate 

electronic representation of the Kansas Statutes. In some cases there may be minor 

discrepancies with the printed document. In those cases neither INK nor the State of 

Kansas shall be liable for the effect of those discrepancies. 
Section D 
Section D – Plan Revision 

Revision to the Kansas Air Quality 

State Implementation Plan for Implementation, 

Maintenance and Enforcement of the 

National Ambient Air Quality Standards 

2006 24-hour PM2.5 NAAQS 

April 2010 
2

Table of Contents – Section D 

I. Introduction and Background................................................................................................................ 3 

II. §110(a)(2)(A) Enforceable Emissions Limitations and Other Control Measures................................. 4 

III. §110(a)(2)(B) Air Quality Monitoring, Compilation, Data Analysis, and Reporting........................... 4 

IV. §110(a)(2)(C) Enforcement and Stationary Source Permits ................................................................. 5 

V. §110(a)(2)(D) Interstate Transport........................................................................................................ 6 

VI. §110(a)(2)(E) Resources, Conflict of Interest, and Emergency Backstop ............................................ 7 

VII. §110(a)(2)(F) Stationary Source Emissions Monitoring and Reporting ............................................... 8 

VIII. §110(a)(2)(G) Emergency Powers and Contingency Plans .................................................................. 9 

IX. §110(a)(2)(H) SIP Revisions for Revised Air Quality Standards or New Attainment Methods .......... 9 

X. §110(a)(2)(I) SIP Revisions for New Nonattainment Areas................................................................. 10 

XI. §110(a)(2)(J) Consultation and Public Notification.............................................................................. 10 

XII. §110(a)(2)(K) Air Quality Modeling and Reporting............................................................................. 12 

XIII. §110(a)(2)(L) Major Stationary Source Permitting Fees ...................................................................... 12 

XIV. §110(a)(2)(M) Consultation with Local Entities................................................................................... 12 
3

I. Introduction and Background 

Section 110(a) of the Clean Air Act (CAA) requires states to submit an implementation plan to 

the United States Environmental Protection Agency (USEPA) Administrator that provides for 

implementation, maintenance, and enforcement of national ambient air quality standards 

(NAAQS). Section 110(a)(2) lists the elements that are to comprise the state implementation 

plan (SIP). Several of the elements in §110(a)(2) specifically address the need for states to 

demonstrate the ability to implement, maintain, and enforce the air quality standards. These 

elements are sometimes compiled and submitted separately in what is referred to as an 

“infrastructure” SIP. This document is the infrastructure SIP for the revised PM2.5 air quality 

standards as codified in 40 CFR Part 50, proposed on January 17, 2006, and finalized on October 

17, 2006. 

The elements of §110(a)(2) are listed below. 

• §110(a)(2)(A) Enforceable Emission Limitations and Other Control Measures 

• §110(a)(2)(B) Air Quality Monitoring, Compilation, Data Analysis, and Reporting 

• §110(a)(2)(C) Enforcement and Stationary Source Permitting 

• §110(a)(2)(D) Interstate Transport 

• §110(a)(2)(E) Resources, Conflict of Interest, and Emergency Backstop 

• §110(a)(2)(F) Stationary Source Emissions Monitoring and Reporting 

• §110(a)(2)(G) Emergency Powers and Contingency Plans 

• §110(a)(2)(H) SIP Revision for Revised Air Quality Standards or New Attainment 

Methods 

• §110(a)(2)(I) SIP Revisions for New Nonattainment Areas 

• §110(a)(2)(J) Consultation and Public Notification 

• §110(a)(2)(K) Air Quality Modeling and Reporting 

• §110(a)(2)(L) Major Stationary Source Permitting Fees 

• §110(a)(2)(M) Consultation with Local Entities 

Most of these elements are addressed in the comprehensive §110(a)(2) SIP submitted by Kansas 

in 1972 in response to the CAA of 1970. This submittal continues to affirm Kansas’ 

commitment to comply with §110(a)(2) requirements and is incorporated by reference into this 

submittal. 

The following discussions respond to the new elements required by the 1990 CAA 

Amendments and commitments required by the adoption of revised PM2.5 (2006) air quality 

standards as codified in 40 CFR Parts 50, 51, 52, and 81. 
4

II. §110(a)(2)(A) Enforceable Emissions Limitations and Other Control 

Measures 

Section 110(a)(2)(A) requires a SIP to include enforceable emission limits and other control 

measures, means, or techniques (including economic incentives such as fees, marketable permits, 

and auctions of emissions rights), as well as schedules of compliance and other related matters to 

attain and maintain the NAAQS. 

The Kansas Air Quality Program, located within the Bureau of Air (BOA) in the Kansas 

Department of Health and Environment (KDHE), monitors and tracks air pollutants across 

Kansas to assure that health-based air quality standards set by USEPA are not exceeded. Data is 

used to develop the appropriate regulatory or outreach strategies to reduce air pollution levels 

and improve air quality. The program is also responsible for issuing air emission permits for 

facilities and assuring compliance with state and federal regulations for air pollutants. The 

statutory authority granted at K.S.A. 65-3010, Emission Control Requirements, as well as 

Kansas Air Quality Regulations applicable to individual facilities, fulfills the requirements of 

§110(a)(2)(A). 

III. §110(a)(2)(B) Air Quality Monitoring, Compilation, Data Analysis, and 

Reporting 

Section 110(a)(2)(B) requires the establishment and operation of devices, methods, systems, and 

procedures necessary to monitor, compile, and analyze ambient air quality data and to provide 

the data to USEPA. 

Kansas has an air quality monitoring network, operated by KDHE and local air quality agencies, 

that collects air quality data that are compiled, analyzed, and reported to USEPA. KDHE’s 

website contains up-to-date information about air quality monitoring, including a description of 

the network and information about PM2.5 monitoring. K.S.A. 65-3005 authorizes the collection 

of this data, and K.S.A. 65-3015 states the data shall be made available to the public. 

Information regarding all aspects of the program, including Kansas Air Quality Reports, is 

available at http://www.kdheks.gov/bar/air-monitor.

In addition to the network of federally-approved reference monitors that measure PM2.5 mass, 

KDHE operates continuous PM2.5 mass monitors. For PM2.5 speciation, KDHE analyzes filters 

collected by two monitors in Kansas City-Kansas and Wichita. The PM2.5 data can be accessed 

from two interactive databases: 

• Historical data is on the Aerometric Data Analysis and Management system. 

• Real-time data is on the Air Quality and Meteorological Information System. 

The state of Kansas consists of 105 counties, which are listed at 40 CFR Part 81.317, 

“Designation of Areas for Air Quality Planning Purposes – Kansas”. All of Kansas is designated 
5

Unclassifiable/Attainment for the 2006 24-hour PM2.5 NAAQS per the final rule published in the 

Federal Register on November 13, 2009, which became effective on December 14, 2009. 

KDHE commits to continue operating an air quality monitoring network that complies with 

USEPA requirements, and to provide quarterly reports of compiled and analyzed air quality 

monitoring data to USEPA. 

IV. §110(a)(2)(C) Enforcement and Stationary Source Permits 

Section 110(a)(2)(C) requires states to implement a program for the enforcement of control 

measures associated with the “attainment SIP” and a permit program for stationary sources. 

KDHE’s BOA implements and manages these programs through its Air Compliance and 

Enforcement Section (ACES) and its Air Permitting Section (APS) in coordination with the 

Bureau of Environmental Field Services (BEFS) district offices. 

KDHE’s ACES is responsible for determining compliance, and if needed, issuing enforcement 

actions due to non-compliance as authorized by K.S.A. 65-3011. Air emissions sources in 

Kansas are subject to state and federal air quality regulations. Depending on the type and 

quantity of emissions, sources are required to obtain permits and conduct activities such as 

testing, monitoring, recordkeeping, and reporting to demonstrate compliance as authorized by 

K.S.A. 65-3008 and 65-3008b. The ACES staff uses a combination of inspections, performance 

test evaluations, report reviews, technical assistance, and enforcement actions to ensure facilities 

comply with the applicable air quality regulations and permits. Staff from KDHE’s district 

offices, as well as the four cooperating local agencies, conduct inspections and investigate 

complaints as authorized by K.S.A. 65-3009 and forward the results to the ACES staff for review 

and response. The ACES staff oversees performance tests through approval of proposed test 

plans, on-site observation of performance tests, and review and approval of the reported test 

results. Periodic reports are evaluated for compliance. The ACES staff also provides public 

outreach and compliance assistance. When a source violates an air quality standard, ACES staff 

issues formal enforcement actions and works with the source to return them to compliant 

regulatory status, as authorized by K.S.A. 65-3011. Details about the program can be found at 

http://www.kdheks.gov/air-permit/CEtech_guidance.html. 

The APS is responsible for reviewing air quality control permit applications and issuing permits 

for air emissions in accordance with state and federal air quality regulations. The state authority 

is granted at K.S.A. 65-3008. The APS issues construction permits and approvals prior to 

construction or modification. The construction permit application allows the APS to determine if 

or what requirements need to be established for the facility (or emission source) when equipment 

is constructed or modified. Whether a construction permit or an approval is required depends on 

the potential-to-emit (PTE) of the proposed construction or modification. The proposed 

construction or modification is reviewed to assure that potential emissions from the new or 

modified equipment will comply with the requirements of state and federal regulations. The 

construction permit program is also the vehicle by which Kansas implements several other 

federal programs applicable to new or modified sources that have been delegated to the state to 

administer. These include the New Source Performance Standards (NSPS), 40 CFR Part 60, and 
6

the National Emission Standards for Hazardous Air Pollutants (NESHAP), 40 CFR Part 61 and 

Part 63. Part 63 is based on maximum achievable control technology and is usually referred to 

as the MACT regulations. 

BOA also issues operating permits. The PTE of the facility determines the type of operating 

permit required, if any. The two types of operating permits are Class I (also known as a Title V 

permit) and Class II (also known as a federally enforceable state operating permit). The Kansas 

Class I operating permit program satisfies the requirements of the federal Title V program and 

closely parallels the requirements of 40 CFR Part 70. A Class I operating permit is required for 

major sources of air pollution and provides a complete listing of all air quality regulatory 

requirements in one document. The Class II operating permit program provides a method to 

reduce the PTE of a source below the major source thresholds and thereby allows the source to 

operate without a Class I operating permit. 

The Department of Air Quality of the Unified Government of Wyandotte County assists in the 

permitting process by issuing construction and operating permits in Wyandotte County.

KDHE commits to the continued enforcement of control measures for which it has jurisdiction 

and the continued oversight of local agency permitting and enforcement programs with respect to 

measures required by the CAA. 

V. §110(a)(2)(D) Interstate Transport 

Section 110(a)(2)(D)(i) of the CAA requires the SIP to contain provisions prohibiting any source 

from emitting air pollution in amounts that will – 

• Contribute significantly to nonattainment in, or interfere with maintenance by, any other 

State with respect to the NAAQS 

• Interfere with measures required to be included in the implementation plan for any other 

State to prevent significant deterioration of air quality or to protect visibility 

40 CFR 52.21(o) requires owners or operators of new major sources or modifications to 

provide an analysis of visibility impairment as part of the prevention of significant deterioration 

process. New sources or modifications also require notification and consultation with federal 

land managers (FLMs) of Class I areas which may be affected. 

40 CFR 52.21(k) requires the proposed source or modification to demonstrate that allowable 

emission increases will not cause or contribute to air pollution in violation of any NAAQS in any 

air quality region. 

Kansas has adopted the above-mentioned federal regulations by reference at K.A.R. 28-19-350 

(Prevention of Significant Deterioration) and will incorporate the PM2.5 standard into state 

regulations. 
7

A discussion of visibility and regional haze can be found by referencing Kansas’ Regional Haze 

SIP, submitted to EPA Region 7 in November 2009. The Regional Haze SIP contains 

agreements between KDHE and Kansas electric utility companies to reduce emissions of 

nitrogen oxides (NOx) and sulfur oxides (SOx) from certain electric generating units. The 

agreements will significantly reduce emissions of NOx and SOx in the coming years. The 

reductions summarized in the table below are based on these units operating at their emission 

rate limits and running with heat inputs similar to 2005. 

Company Facility NOx Reduction 

(tons/year) 

SOx Reduction 

(tons/year) 

Westar Jeffrey Energy Center 23,741 63,379 

Westar Tecumseh Energy Center 1,799 0 

Westar Lawrence Energy Center 1,518 371 

Kansas City Power & Light LaCygne 23,814 22,632 

 

 Totals 50,872 86,382 

The NOx reductions outlined above represent a 32% reduction in the total Kansas point source 

NOx emissions from the 2005 National Emissions Inventory. The SOx reductions represent a 

58% reduction in the total Kansas point source SOx emissions documented during the 2005 

National Emissions Inventory. 

In summary, Kansas emissions do not significantly interfere with the achievement or 

maintenance of the NAAQS in downwind states. 

VI. §110(a)(2)(E) Resources, Conflict of Interest, and Emergency Backstop 

Section 110(a)(2)(E) requires states to provide assurances that (i) adequate personnel, funding, 

and legal authority will be available to carry out the SIP; (ii) a majority of its state board 

members represent the public interest and do not derive a significant portion of their income 

from entities that are subject to permits, and that conflicts of interest of members be adequately 

disclosed; and (iii) the state has responsibility for ensuring adequate implementation of plan 

provisions to be carried out by local districts. 

The Kansas Legislature annually approves KDHE’s funding and personnel resources for carrying 

out the programs of the SIP to demonstrate attainment of the PM2.5 standards. The annual budget 

process provides a periodic update that enables KDHE and the local agencies to adjust funding 

and personnel needs. While it is not legally possible for KDHE and the local agencies to provide 

specific commitments about future year budgets (funding and staff resources), the annual budget 

appropriations process undertaken by the Kansas State Legislature enables KDHE to present a 

request for resources required to meet the mandates of the CAA. Since KDHE’s CAA-mandated 

programs have received state funding for more than 39 years, and since there is consistently 

public support in Kansas for providing clean air, it is reasonable to assume that implementation 

of the CAA mandates in Kansas will continue to obtain the necessary funding. 
8

The majority of BOA’s budget currently consists of dedicated funds that are collected from 

regulated emission sources and can only be used for air pollution control. These dedicated fees 

are periodically adjusted in order to provide necessary funding for the BOA’s programs. 

Collectively, the 2008-2009 BOA and local air agency budgets total about $6 million with about 

80 full-time equivalent staff positions. 

Kansas Statutes from Chapter 46, Article 2, specify conflict of interest requirements for members 

of BOA. These requirements specifically prohibit all state and local public officials from 

participating in governmental decisions for which they have a substantial financial interest as 

defined at K.S.A. 46-229. 

The statutes found at K.S.A. 46-247 et seq. require the Secretary of KDHE to file a statement of 

substantial interests. These statutes fulfill the requirements referenced in §110(a)(2)(E) of 

disclosure of financial interests by the “head of an executive agency” responsible for issuing 

permits and enforcement orders.

KDHE oversees local agencies to implement the Kansas Air Quality Act and to provide air 

quality protection services. Partner agencies include: 

• City of Wichita Department of Environmental Services 

• Johnson County Environmental Department 

• Shawnee County Health Agency 

• Unified Government of Wyandotte County and Kansas City-Kansas Health Department 

KDHE commits to actively maintain programs for the enforcement of control measures included 

in the approved SIP and measures required by the CAA. 

VII. §110(a)(2)(F) Stationary Source Emissions Monitoring and Reporting 

Section 110(a)(2)(F) entails that states are to require the installation, maintenance, and 

replacement of equipment to monitor stationary sources of emissions by the owners or operators 

of these sources and the provision of periodic reports on these emissions. 

40 CFR 51.214 requires every SIP to include requirements for the monitoring of emissions from 

major stationary sources as specified in 40 CFR 51 Appendix P. 

KDHE maintains a database with emissions data for more than 900 stationary source facilities in 

Kansas. In addition, KDHE posts a summary report of emissions from stationary sources, both 

major and minor, for the National Emissions Inventory Year at 

http://www.kdheks.gov/emission/data.html. This data is reported to the USEPA every three 

years. 

KDHE commits to continue its oversight of stationary source monitoring requirements and to the 

reporting of data collected by such monitoring activities as authorized respectively by K.S.A. 65-

3007 and 65-3015. 
9

VIII. §110(a)(2)(G) Emergency Powers and Contingency Plans 

Section 110(a)(2)(G) directs that states are to provide for authority comparable to that in Section 

303, which provides legal authority to the USEPA to halt the emission of air pollutants causing 

or contributing to injury to public or welfare. USEPA is authorized to either bring a lawsuit in 

federal court or, if such civil action cannot assure prompt protection of public health or welfare, 

to issue such orders as may be necessary to protect public health or welfare of the environment. 

In addition, states are to provide for adequate contingency plans to implement such authority. 

In USEPA guidance titled “Revising the Air Quality Index and Setting a Significant Harm Level 

for PM2.5”, dated February 12, 2007, the upper limit under consideration for the “Unhealthy” 

category for 24-hour PM2.5 is 140.4 μg/m3

. Since Kansas has not recorded a 24-hour PM2.5 level 

in excess of 140.4μg/m3, no specific emergency episode plans for PM2.5 are necessary at this 

time, given the existing monitored levels. In fact, the highest 24-hour PM2.5 level that has been 

measured since 2006 is 49.8 μg/m3

, recorded in Wyandotte County in 2006. 

PM2.5 is an air contaminant as defined at K.S.A. 65-3002(a) that creates air pollution as defined 

at K.S.A. 65-3002(c). The authority for KDHE to develop regulations is derived from K.S.A. 

65-3005(a)(1). The authority granted at K.S.A. 65-3005(a)(5) enables KDHE to develop a plan 

to control air pollution. Furthermore, K.S.A. 65-3012 authorizes the Secretary of KDHE to take 

action to protect the environment of Kansas. Regulations found at K.A.R. 28-19-55 et seq. 

address excessive buildup of air contaminants during air pollution episodes in Kansas. 

The requirement for states to provide adequate contingency plans to implement such authority is 

intended to establish emergency episode plans for responding to elevated pollutant levels in 

urban areas. K.A.R. 28-19-55 through K.A.R. 28-19-58 specify these requirements; K.A.R. 28-

19-56 specifically addresses SO2, NO2, PM10, CO, and ozone. Emergency episode plans are 

required in areas that record pollutant concentrations in excess of threshold levels specified in 40 

CFR 51.150. USEPA is proposing to amend this regulation to address new PM2.5 standards. 

Subsequently, KDHE will amend K.A.R. 28-19-55 et seq. to include PM2.5. 

KDHE commits to submit any necessary revisions to its Air Pollution Emergency Plan upon 

adoption of amended guidance by USEPA. 

IX. §110(a)(2)(H) SIP Revisions for Revised Air Quality Standards or New 

Attainment Methods 

Section 110(a)(2)(H) directs states to provide for revision of SIPs from time to time when air 

quality standards are revised or new attainment methods become available or when USEPA 

informs states that current SIPs are inadequate to attain standards or to comply with additional 

requirements under the CAA. 

KDHE is submitting a revised SIP that responds to revised air quality standards for PM2.5. 
10

As authorized by K.S.A. 65-3005(a)(5), KDHE commits to submit SIP revisions whenever 

revised air quality standards are promulgated by USEPA or when existing provisions are found 

to be inadequate. 

X. §110(a)(2)(I) SIP Revisions for New Nonattainment Areas 

Section 110(a)(2)(I) requires states to submit SIP revisions for newly designated nonattainment 

areas to meet the requirements of Part D - Plan Requirements for Nonattainment Areas under 

CAA Title I - Air Pollution Prevention and Control. Part D of the CAA specifies both general 

requirements for all SIPs and specific requirements for different criteria pollutants. 

As authorized by K.S.A. 65-3005(a)(5), KDHE commits to submit SIP revisions whenever areas 

of the state are newly designated nonattainment for any federal ambient air quality standard. 

XI. §110(a)(2)(J) Consultation and Public Notification 

Section 110(a)(2)(J) obliges states to meet the applicable requirements of CAA Section 121 

(relating to consultation), Section 127 (relating to public notification), and Part C (relating to 

prevention of significant deterioration (PSD) of air quality and visibility protection). 

Section 121 requires a satisfactory process of consultation with general purpose local 

governments, designated organizations of elected officials of local governments, and any 

affected federal land manager in carrying out CAA requirements. The Secretary of KDHE is 

authorized by K.S.A. 65-3005(a)(8) to provide consultation assistance, and KDHE is required by 

K.A.R. 28-19-350(k) to consult with local governments, officials, and federal land managers 

before the issuance of a permit under the PSD program. 

The BOA’s rulemaking process for public participation fulfills the requirements of 110(a)(2)(J) 

and is conducted under the statutory authority at K.S.A. 77-421. KDHE commits to maintaining 

a process of consultation with parties designated under Section 121. 

The State’s rulemaking process includes: 

• Departmental approvals 

• Review and approval by the Secretary of Administration and Attorney General 

• Notification to municipalities, counties, school boards, and neighboring states 

• Public hearings and comments 

• Filing regulations with the Secretary of State 

• Publication in Kansas Register

• Review by Joint Committee on Administrative Rules and Regulations 

Section 127 requires measures which will be effective to notify the public during any calendar 

year on a regular basis of instances or areas in which any air quality standard is exceeded or was 

exceeded during any portion of the preceding calendar year, to advise the public of the health 
11

hazards associated with such pollution, and to enhance public awareness of measures that can be 

taken to prevent such standards from being exceeded. 

KDHE maintains air quality data, an annual air quality report, and other information on its 

website, which is continuously available to the public. See http://www.kdheks.gov/bar/airmonitor for: 

• An overview of air quality 

• Information regarding the NAAQS 

• Air pollution sources 

• Health effects of poor air quality 

• How to find out about Kansas air quality 

The website also provides links to the Kansas Air Quality Monitoring Network and to AIRNow 

(http://www.airnow.gov) for live monitoring data. 

As part of its public outreach and education program, available at 

http://www.kdheks.gov/bar/air_outreach/air_quality_edu.htm/, KDHE encourages personal 

responsibility to reduce emissions and improve air quality in daily activities such as: 

• Cleaner, greener lawn and garden care practices 

• Use of compact fluorescent light (CFL) bulbs 

• Safe cleanup in the event of breakage of a CFL bulb 

• More efficient vehicle maintenance and fuel-up practices 

• Transportation alternatives 

KDHE also is developing initiatives towards enhancing public awareness through forecasting. 

KDHE will demonstrate one such initiative in Spring 2010. Before the Spring Flint Hills 

burning begins, KDHE will issue public advisory notices, which will include the following 

information: 

• An approximate time table for the burning 

• Potential health effects 

• Recommendations to limit personal exposure. 

In the event of a NAAQS exceedance that meets episode criteria, as in K.A.R. 28-19-56, public 

notification will occur through local weather bureaus in the form of high pollution advisory, 

alert, warning, or emergency.

KDHE commits to maintaining a public information and education program that satisfies the 

requirements of Section 127. 

KDHE commits to ensuring that PSD regulations are implemented in Kansas. The PSD program 

meets the requirements to protect visibility with K.A.R. 28-19-350, Prevention of Significant 

Deterioration of Air Quality, which adopts federal regulation 40 CFR 52.21. Legal authority to 

implement and develop the PSD program and the regional haze SIP exists under K.S.A. 65-3005. 
12

XII. §110(a)(2)(K) Air Quality Modeling and Reporting 

Section 110(a)(2)(K) requires the use of air quality modeling to predict the effect of emissions on 

ambient air quality and to submit data related to such modeling when requested by USEPA. 

KDHE’s air quality modeling work uses USEPA’s latest draft final guidance for modeling PM2.5. 

This is a rapidly-evolving field in which KDHE endeavors to use the latest methodology and 

techniques, and documents information that its staff uses when conducting modeling or when 

evaluating the performance of air quality models used for this purpose. 

KDHE commits to continue to use air quality models in accordance with both USEPA and 

KDHE’s currently approved modeling guidance and protocols and the continued submittal of 

data and modeling results to USEPA. 

XIII. §110(a)(2)(L) Major Stationary Source Permitting Fees 

Section 110(a)(2)(L) requires states to assess the owner or operator of each major stationary 

source with fees sufficient to cover the reasonable costs of reviewing and acting upon any 

application for such a permit, and if a permit is granted, the reasonable costs of implementing 

and enforcing the terms and conditions of the permit. Owners or operators are also required to 

comply with the fee provisions of Title V Sections 501 – 507 of the CAA. Such fees are 

required to be payable to the permitting authority. 

KDHE commits to continue to implement major stationary source permit fee regulations as 

authorized by K.S.A. 65-3022 through 65-3024. The Title V fee program, part of the operating 

permit program discussed in section IV of this document, is adequate to meet the requirements of 

110(a)(2)(L). 

XIV. §110(a)(2)(M) Consultation with Local Entities

Section 110(a)(2)(M) requires states to provide for consultation and participation by local 

political subdivisions affected by the plan. 

The BOA has signed State and/or Local Agreements with the following: 

• Department of Air Quality, Unified Government of Wyandotte-Kansas City, Kansas 

• Wichita Department of Environmental Services 

• Shawnee County Health Department 

• Johnson County Environmental Department 

• Mid-America Regional Council 

These agreements establish formal partnerships between BOA and local agencies who work 

together to develop and annually update strategic goals, objectives, and strategies for reducing 
13

emissions and improving air quality. In addition, public participation in the rulemaking process 

involves the following entities: 

• League of Kansas Municipalities 

• Kansas Association of Counties 

• Kansas Association of School Boards 

This participation also enhances the requirements of 110(a)(2)(M).

KDHE commits to maintaining a consultation process with local political subdivisions affected 

by the SIP as authorized by K.S.A. 65-3016. 
Section E 
Public Hearing Statement 

Pursuant to 40 CFR Part 51.102, the Kansas Department of Health and Environment published a 

notice of Public Hearing for the Infrastructure SIP in the Kansas Register on September 3, 2009. 

Notices were also published in the following newspapers: Kansas City Kansan, Hays Daily 

News, Topeka Capital-Journal, Wichita Eagle, Salina Journal, Chanute Tribune, and the Dodge 

City Daily Globe. Notice was given that a public hearing would be held October 1, 2009, and 

that public comments would be accepted through October 5, 2009. The notice further stated that 

if no request for a public hearing was received prior to the hearing date, the hearing would be 

canceled. As no such request was received, the hearing was canceled. 

Responsiveness Summary 

The only comments received during the public comment period were from EPA Region 7. The 

comment letter was received on October 5, 2009, and is summarized below. The responses from 

KDHE follow. A copy of the letter from EPA Region 7 then proceeds the comments and 

responses. 

Comment: The EPA recommended that Kansas’ SIP submittal address all elements and subelements of the Interstate Transport section of the Clean Air Act (Section 110(a)(2)(D)), along 

with technical analysis. The four elements are: 1) significant contribution, 2) interference with 

maintenance, 3) prevention of significant deterioration, and 4) protecting visibility. 

“Information to support the state’s determination with respect to significant contribution to 

nonattainment might include... information concerning emissions in the state, meteorological 

conditions in the state and the potentially impacted states, monitored ambient concentrations in 

the state and the potentially impacted states, the distance to the nearest area that is not attaining 

the NAAQS in another state, and air quality modeling. Similar information could be used to 

analyze whether sources in the state could interfere with maintenance in another state, although 

the analysis should be expanded beyond nonattainment and maintenance areas.” 

The EPA wrote that a technical analysis was submitted, but that it was based on Clean Air 

Interstate Rule modeling that doesn’t address transport with respect to the 24-hour PM2.5

standard. The EPA states Kansas “should submit a more relevant analysis for this standard.” 

Response: KDHE recognizes the previously-submitted interstate transport SIP addresses 

the annual PM2.5 standard, and not the 24-hour PM2.5 standard. Regardless of the PM2.5 

standard being considered, KDHE continues to assert that emissions from Kansas do not 

significantly interfere with the achievement or maintenance of the NAAQS in downwind 

states. 

Action: No change was made to the Infrastructure SIP as a result of this comment. 

Comment: “Regional Haze... is not addressed in this submittal....The state may refer to its 

Regional Haze SIP to address the requirements of this element.” 
Response: During the timeframe of the public comment period, Kansas’ Regional Haze 

SIP remained unfinished. However, the Regional Haze SIP was submitted to EPA 

Region 7 in November 2009. 

Action: To address this comment, KDHE has updated the Infrastructure SIP to reference 

the Kansas Regional Haze SIP. 

Comment: For the emergency episode element at Section 110(a)(2)(G), the EPA stated that 

“Kansas should discuss whether there are any areas identified as PM2.5 Priority I, Priority IA, or 

Priority II by the “Prevention of Air Pollution Emergency Episodes” rules at 40 CFR 51.150.... 

Kansas could reference its existing monitored levels to determine whether it has monitored or 

recorded 24-Hour PM2.5 levels greater than 140.4 μg/m3 since 2006. If this level was never 

exceeded in any area of the state, Kansas may choose to affirm that (given existing monitored 

levels) emergency episode contingency plans may not be necessary at this time. However, the 

state should still reference its general emergency powers for PM2.5. Kansas should refer to its 

own statutory and regulatory authorities to address emergencies and state whether those 

authorities could be used to respond to emergencies involving high PM2.5 concentrations.” 

Response: KDHE has not monitored or recorded a 24-hour PM2.5 level in exceedance of 

140.4 μg/m3 since 2006. The highest 24-hour PM2.5 level recorded since 2006 was 49.8 

μg/m3, recorded in 2006 in Wyandotte County. 

Action: The Infrastructure SIP has been updated to reflect this information. 

	





	





	




	

	



	

 

	!


	
 "		

 





	
#

	
#$%
&


	





	





	



	
 

!" 

	
#


$ %
	

&	'()*	 +

,-.

/
	

0
1 
2


/13
0.45-+	2	 


&	
	
4
	2	& 


0


		
-

	
'

 
	

	
("

")
*



6	




		&	
	&,-.

 		,-.

&	
	
/78474

974	

 0


&	 




 0)
	&



	
		








2-6 0)

 :
&

	
0 	
;
&







;
	
	&
&

	
	
;

	
02-

 )+





				
,
-

		


#
&	
	
	 	
<

	
	
&



	
0 	
	
	





 40 
		4
&	
	
	




	


4			
	
	




	

2



4	
	
0
	


	




	

2

4



	





	



/1


	
4




$ 
2	
-

&	
	
	 0 	


2=	 



	 
&







	
4
	 


2	 0

8

02	

	













-60. 



	
	


&	
	
	
$ 
-

6
 0





2;	4



2
0
4



4	
<

#

 	


	
	


	

		& 
()	 ,-.


-6
	  0


	




2&	


-	



0		
	



 

	


2


2-


./
0

1	+
2	



	

*
=02

4	 02
  	&	 




402)

	 



 	4
	



 0
-	

	 

 &
	
 



	
$ 



	
	8

	

,-.

902

	

*
=$ 
-6 0
	 &
28



	>


	0?---

2	 		2	&	

2



&	


2
	 



	 

&
 $ 	

0
 


0

	


&	

2	
----		

02-?6

2&		

*
=#	
$ 
	&


-

	
3'

	+	0
"	
*


>


	  


2


&
,-.	2#4

	2#4		2##02!
	
	&	 	

2	3 


(+.-.-

0. 

4>


	 &


8
	
		

	
			()*	 

,-.


(-(@AB
'-#&

8


2



	&
4>



2			
&&

8
	
	


2		


2


2
	0

2
-*	4


	 &



2	&	,-.->


	 &

		

 	2

 
	2
 		






	
 		 0 		
	

	
,-.

	


	
-#


2
4
	 
	2	





	


2	 
	
	
0
&

*
C*C&	,-.-

#&(-(@AB
0
84	&>


		


0*C4>


	 				

*C4	24




2
	
&	,-.				

$ 

(+

.-.	 .-.B-D

4	

>




	
 
+0 
244 
!


1 
2#
8




&

*
C&	,-.3

0


*C4	24


2
	
- 6 
4
 




	
,-.*C4

0&	 

&		

E:

:AA-
-	A
A


A
A
$F F
F-&-

	


&	
	
	

2	!
&
  3$ 


0
 

!" 

	
#
$ %
	



&	'()*	 +

,-./
	

0
1 
2




/13
0.45-










Section F 
Vol. 28, No. 36, September 3, 2009 q Kansas Secretary of State 2009

Hearing/Request for Comments 1315 Kansas Register

State of Kansas

Department of Health

and Environment

Notice of Hearing

The Kansas Department of Health and Environment is

proposing to revise the State of Kansas Plan for Implementation, Maintenance and Enforcement of National

Ambient Air Quality Standards. The hearing for this action will tentatively be held at 10 a.m. Thursday, October

1, in the Tallgrass Room, third floor, Curtis State Office

Building, 1000 S.W. Jackson, Topeka, if requested. If no

request for this hearing is received by the close of business September 30, then the public hearing will be cancelled and notice of this cancellation shall be posted on

the Bureau of Air’s Web site listed below or by calling

(785) 291-3278.

The State of Kansas Plan for Implementation, Maintenance and Enforcement of National Ambient Air Quality

Standards (NAAQS) has been written to fulfill the

requirements of Section 110 of the Federal Clean Air Act

Amendments (CAAA) of 1990. Section 110 of the CAAA

requires that each state submit to the administrator of the

U.S. Environmental Protection Agency a plan for the implementation, maintenance and enforcement of NAAQS

in every air quality region within the state.

This proposed State Implementation Plan (SIP) revision

does not include any rulemaking action. Details concerning this revision can be obtained by contacting Keith Weber, KDHE, Bureau of Air, at (785) 291-3278 or kweber@kdheks.gov. Copies of the proposed plan also may

be viewed at the following locations:

• Department of Air Quality, Unified Government of

Wyandotte County - Kansas City, Kansas Health Department, 619 Ann Ave., Kansas City, Kansas

• Johnson County Environmental Department, 11811 S.

Sunset, Suite 2700, Olathe

• KDHE Northwest District Office, 2301 E. 13th St.,

Hays

• KDHE North Central District Office, 2501 Market

Place, Suite D, Salina

• KDHE Northeast District Office, 800 W. 24th St.,

Lawrence

• KDHE Southeast District Office, 1500 W. 7th St., Chanute

• Wichita-Sedgwick County Dept. of Community

Health, 1900 E. 9th St., Wichita

• KDHE Southwest District Office, 302 W. McArtor

Road, Dodge City

• Curtis State Office Building, 1000 S.W. Jackson, Suite

310, Topeka

The plan also is posted on the Bureau of Air’s Web site

at http://www.kdheks.gov/bar/. Comments from the interested public should be addressed to the Kansas Department of Health and Environment, Bureau of Air, Attention: Keith Weber, 1000 S.W. Jackson, Suite 310,

Topeka, 66612-1366. Comments must be received by the

Bureau of Air not later than 5 p.m. October 5 to assure

full consideration of this proposed revision to the SIP.

Any individual with a disability may request accommodation in order to participate in the public hearing and

may request the proposed plan in accessible format. Requests for accommodation should be made at least five

working days in advance of the hearing by contacting

Keith Weber at (785) 291-3278.

Roderick L. Bremby

Secretary of Health

and Environment

Doc. No. 037476

State of Kansas

Department of Health

and Environment

Request for Comments

The Kansas Department of Health and Environment is

soliciting comments regarding a proposed air quality operating permit. Gateway Ethanol, LLC has applied for a

Class II operating permit in accordance with the provisions of K.A.R. 28-19-540. Emissions of carbon monoxide

(CO), oxides of nitrogen (NOx), sulfur dioxide (SO2), volatile organic compounds (VOC), particulate matter (PM10) and hazardous air pollutants (HAPs) were evaluated

during the permit review process. The purpose of a Class

II permit is to limit the potential-to-emit for these pollutants to below major source thresholds.

Gateway Ethanol, LLC, Pratt, owns and operates an

ethanol plant located at 10333 N.E. 30th St., Pratt, that

manufactures a maximum throughput of 60.5 million gallons per year of fuel grade ethanol (ethyl alcohol).

A copy of the proposed permit, permit application, all

supporting documentation and all information relied

upon during the permit application review process is

available for public review for a period of 30 days from

the date of publication during normal business hours at

the KDHE, Bureau of Air and Radiation, 1000 S.W. Jackson, Suite 310, Topeka; and a copy of the proposed permit

can be reviewed at the KDHE Southwest District Office,

302 W. McArtor Road, Dodge City. To obtain or review

the proposed permit and supporting documentation, contact Sergio Guerra, (785) 296-0365, at the KDHE central

office; and to review the proposed permit only, contact

Ethel Evans, (620) 225-0596, at the KDHE Southwest District Office. The standard departmental cost will be assessed for any copies requested.

Direct written comments or questions regarding the

proposed permit to Sergio Guerra, KDHE, Bureau of Air

and Radiation, 1000 S.W. Jackson, Suite 310, Topeka,

66612-1366. In order to be considered in formulating a

final permit decision, written comments must be received

before the close of business October 5.

A person may request a public hearing be held on the

proposed permit. The request for a public hearing shall

be in writing and set forth the basis for the request. The

written request must be submitted to Sharon Burrell, Bureau of Air and Radiation, not later than the close of busi-

(continued)







Section G 
Infrastructure SIP Submittal - 2006 24-hour PM2.5 NAAQS Page G-1 

April 2010

Technical Support: 

State of Kansas Plan for Implementation, Maintenance and 

Enforcement of the National Ambient Air Quality Standards 

(2006 24-hour PM2.5 NAAQS) 

(Response to Elements of 40 C.F.R. Part 51, Appendix V, Section 2.2) 

1. Identification of all regulated pollutants affected by the plan. [40 C.F.R. § 51, 

Appendix V, Section 2.2(a)]

The plan revision will affect particulate matter measuring 2.5 micrometers in diameter 

and smaller. 

2. Identification of the location of affected sources including the EPA 

attainment/nonattainment designation of the locations and the status of the 

attainment plan for the affected areas. [2.2(b)]

This Revision to the State of Kansas Plan for Implementation, Maintenance and 

Enforcement of National Ambient Air Quality Standards (NAAQS) affects the entire state 

of Kansas. 

All of Kansas is designated as Unclassifiable/Attainment for the 2006 24-hour PM2.5 

standards. 

3. Quantification of the changes in plan allowable emissions from the affected sources; 

estimates of changes in current actual emissions from affected sources or, where 

appropriate, quantification of changes in actual emissions from affected sources 

through calculations of the differences between certain baseline levels and allowable 

emissions anticipated as a result of the revision. [2.2(c)]

 Not applicable. 

4. The State’s demonstration that the national ambient air quality standards, 

prevention of significant deterioration increments, reasonable further progress 

demonstration, and visibility, as applicable, are protected if the plan is approved 

and implemented. [2.2(d)]

 

 The content of this plan has been developed to demonstrate the continued attainment of 
Infrastructure SIP Submittal - 2006 24-hour PM2.5 NAAQS Page G-2 

April 2010

the 2006 24-hour PM2.5 NAAQS. 

5. Modeling information required to support the proposed revision, including input 

data, output data, models used, justification of model selections, ambient monitoring 

data used, meteorological data used, justification for use of offsite data (where 

used), modes of models used, assumptions, and other information relevant to the 

determination of adequacy of the modeling analysis. [2.2(e)]

Not applicable. 

6. Evidence, where necessary, that emission limitations are based on continuous 

emission reduction technology. [2.2(f)]

Not applicable. 

7. Evidence that the plan contains emissions limitations, work practice standards and 

recordkeeping/reporting requirements, where necessary, to ensure emission levels. 

[2.2(g)]

The plan, prior to the revision, already incorporates these elements, and this revision 

continues these measures. 

8. Compliance/enforcement strategies, including how compliance will be determined in 

practice. [2.2(h)]

There are no changes to the compliance and enforcement strategies. The existing 

mechanisms remain in place. 

9. Special economic and technological justifications required by any applicable EPA 

policies, or an explanation of why such justifications are not necessary. [2.2(i)]

Not applicable. The Plan as revised will continue to be protective of the NAAQS in the 

State.