State Implementation Plan Revision for the

Implementation, Maintenance, and Enforcement of the 

2012 Annual Fine Particulate Matter (PM2.5)

National Ambient Air Quality Standard

Infrastructure SIP 

Our Vision – Healthy Kansans living in safe and sustainable environments

Department of Health and Environment

Division of Environment

Bureau of Air

(785) 296-6024

November 2015


Contents of Submittal Documents

Section Contents

Preface

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

Revision, and Procedural Requirements Documents

• Secretary Mosier’s Letter to EPA

· Declaration of Kansas’Approval (certification letter to EPA)

· Public Hearing Statement (certification letter to EPA)

· Responsiveness Summary (certification letter to EPA)

A

Description of Materials Required for Plan Submittal (Per Appendix V to Part 51 –

Criteria for Determining the Completeness of Plan Submittals, Section 2.0)

• Administrative Materials

• Technical Support

B

Authorizing Statutes

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

- Cited within the Plan Revision

C

Plan Revision

• Kansas Air Quality State Implementation Plan Revision for the Implementation, 

Maintenance, and Enforcement of the 2012 Primary Annual Fine Particulate 

Matter (PM2.5) National Ambient Air Quality Standard

D

Public Participation Documents

• Kansas Register – (October 8, 2015)

• Newspaper Affidavits of Publication

• Notice of Public Hearing Letter 

• Notice of Hearing Cancellation (KDHE Website)

E

Technical Support: Kansas Infrastructure SIP

• Response to Elements of 40 C.F.R. Part 51, Appendix V, Section 2
Section A
Description of Materials Required for Plan Submittal

Per 40 C.F.R. Part 51, Appendix V, Criteria for Determining the 

Completeness of Plan Submissions, 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/certification Certification 

Letter

2.1(b) Evidence that the plan has been 

approved and the effective date

Secretary’s letter of submittal/certification to EPA November 16, 2015Certification 

Letter

2.1(c) Legal authority to approve and 

implement the plan

Applicable Kansas Air Quality 

Statutes (K.S.A.) Chapter 65, Article 

30) as cited in the Infrastructure SIP

B

2.1(d)

Copy of actual regulation or 

document, including indication 

of the changes made

Kansas Air Quality State 

Implementation Plan Revision for the 

Implementation, Maintenance, and 

Enforcement of the 2012 Primary 

Annual PM2.5 National Ambient Air 

Quality Standard (NAAQS)

 

C

2.1(e)

Evidence that the State has 

followed all procedural 

requirements

 

Public Hearing Record D

2.1(f) Evidence that public notice was 

provided Public Participation Documents D

2.1(g)

Certification that public hearing 

was held as per information in 

public notice

N.A. – No Hearing Requested Certification 

Letter

2.1(h) Compilation of public comments 

and responses thereto N.A. - No Comments Received Certification Letter
Description of Materials Required for Plan Submittal

Per 40 C.F.R. Part 51, Appendix V, Criteria for Determining the 

Completeness of Plan Submissions, Section 2.0 – Criteria

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 E

2.2(b) Identification of the location of 

affected sources under the plan Refer to response E

2.2(c) Quantification of the changes in 

the plan’s allowable emissions Refer to response E

2.2(d) Demonstration that the ambient air 

quality will not deteriorate, etc. Refer to response E

2.2(e) Modeling information Refer to response E

2.2(f)

Evidence that emissions limits are 

continuous emission reduction 

technology-based

Refer to response E

2.2(g) Evidence that the plan contains 

emissions limits, etc. Refer to response E

2.2(h) Compliance/enforcement 

provisions Refer to response E

2.2(i)

Special economic or technological 

justifications as needed or 

explanation of why justification 

not needed

Refer to response E
Section B
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KDHE, Bureau of Air Last Revised, June 4, 2015

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. 

(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. 
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(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. 

(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. 
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(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. 

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. 
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(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. 

(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 
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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 [the] Kansas air 

quality act, other than K.S.A. 65-3027, and amendments thereto. The secretary shall adopt rules 

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

the air quality fee fund established in K.S.A. 65-3024, and amendments thereto, 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, city-county 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; L. 2014, ch. 30, § 3; 

July 1.

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. 
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(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 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 
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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 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 
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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 

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 
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likely to exist or is likely to occur, the governing body of said city or county shall have the 

authority, upon approval 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. 
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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 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 
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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 permit and 

approval fees collected under K.S.A. 65-3008, and amendments thereto, 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: 
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(1) The average daily balance of moneys in the air quality fee fund for the preceding month; 

and 

(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; L. 2014, ch. 30, § 4; July 1.

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. 
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(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; 

(4) does not emit 50 tons or more per year of any regulated air contaminant; and 
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(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 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. 
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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. 

 65-3031. Electric generating units; carbon dioxide emissions standards; submission 

of state plan by secretary to environmental protection agency; review by study committee 

and attorney general. (a) In accordance with the requirements of the environmental protection 

agency's rulemaking pursuant to docket EPA-HQ-OAR-2013-0602, the secretary may develop 

and submit to the environmental protection agency a state plan for compliance with the 

regulation of carbon dioxide from any affected or existing electric generating units pursuant to 

42 U.S.C. § 7411. The secretary of health and environment may establish separate standards of 

performance for carbon dioxide emissions based upon: (1) The best system of emission reduction 

that has been adequately demonstrated while considering the cost of achieving such reduction; 

(2) reductions in emissions of carbon dioxide that can reasonably be achieved through 

measures taken at each electric generating unit; and 

(3) efficiency improvements to any affected electric generating unit and other measures that 

can be undertaken at each electric generating unit to reduce carbon dioxide emissions without 
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any requirements for fuel switching, co-firing with other fuels or limiting the utilization of the 

unit. 

(b) In establishing any standard of performance for any existing electric generating unit 

pursuant to this section, the secretary may consider alternative standards and metrics or may 

provide alternative compliance schedules than those provided by federal rules or regulations by 

evaluating: (1) Unreasonable costs of achieving an emission limitation due to plant age, location 

or the design of an electric generating unit; 

(2) any unusual physical or compliance schedule difficulties or impossibility of 

implementing emission reduction measures; 

(3) the cost of applying the performance standard to an electric generating unit; 

(4) the remaining useful life of an electric generating unit; 

(5) any economic or electric transmission and distribution impacts resulting from closing the 

electric generating unit if compliance with the performance standard is not possible; and 

(6) the potential for a standard of performance relating to unit efficiency, including any

requirements for a new source review or the application of a best available control technology 

emission limitation for any criteria pollutant as a condition of receiving a permit or authorization 

for the project. 

(c) The secretary may implement such standards through flexible regulatory mechanisms, 

including the averaging of emissions, emissions trading or other alternative implementation 

measures that the secretary determines to be in the interest of Kansas. The secretary may enter 

into voluntary agreements with utilities that operate fossil-fuel based electric generating units 

within Kansas to implement such carbon dioxide emission standards. Such agreements may 

aggregate the carbon dioxide emissions levels from electric resources in this state, including 

coal, petroleum, natural gas or renewable energy resources as defined in K.S.A. 2015 Supp. 66-

1257, and amendments thereto, that are owned, operated or utilized by power purchase 

agreements by utilities for purposes of determining compliance with such carbon dioxide 

emission standards. 

(d) The secretary and the state corporation commission shall enter into a memorandum of 

understanding concerning implementation of the requirements and responsibilities under the 

Kansas air quality act. 

(e) (1) The secretary shall submit to the clean power plan implementation study committee: 

(A) A plan to investigate, review and develop a state plan no later than the first week of 

November 2015; 

(B) information on any final rule adopted by the environmental protection agency under 

docket EPA-HQ-OAR-2013-0602 no later than February 1, 2016; and 
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(C) any information requested by the chairperson. 

(2) The state corporation commission shall submit information to the clean power plan 

implementation study committee concerning: 

(A) Each utility's re-dispatch options along with the cost of each option; 

(B) the lowest possible cost re-dispatch options on a state-wide basis; and 

(C) the impact of each re-dispatch option on the reliability of Kansas' integrated electric 

systems. 

(f) The secretary shall present any proposed state plan proposed for submission to the 

environmental protection agency to the clean power plan implementation study committee for 

review and input pursuant to K.S.A. 2015 Supp. 66-1285, and amendments thereto, at least 30 

days prior to submission of such a plan to the environmental protection agency or any other 

federal agency. If a proposed plan is disapproved by the clean power plan implementation study 

committee, the secretary shall resubmit a revised plan to the study committee. The secretary may 

submit any proposed plan to the environmental protection agency that has been submitted to the 

study committee and that has not been disapproved by the committee within 30 days of the 

committee receiving such proposed plan. 

(g) Notwithstanding review by the clean power plan implementation study committee of the 

submission of a state plan to the environmental protection agency, further action by the secretary 

to implement or enforce the final approved state plan is dependent upon the final adoption of the 

federal emission guidelines. If the federal emission guidelines are not adopted or are adopted and 

subsequently suspended, vacated, in whole or in part, or held to not be in accordance with the 

law, the secretary shall suspend or terminate, as appropriate, further action to implement or 

enforce the state plan. 

(h) Notwithstanding any other provision of law, prior to submitting any state plan to the 

environmental protection agency, the secretary shall: (1) Submit such state plan as proposed 

rules and regulations pursuant to K.S.A. 77-415 et seq., and amendments thereto. Such 

submission shall be expedited by any agency reviewing such proposed rules and regulations 

pursuant to K.S.A. 77-415 et seq., and amendments thereto; 

(2) request a review of the proposed state plan by the office of the attorney general. The 

attorney general review may certify to the secretary that the plan will not hinder, undermine or in 

any way harm the position of the state of Kansas in any current or pending litigation relating to 

the environmental protection agency docket EPA-HQ-OAR-2013-0602. The attorney general 

shall also review the proposed state plan concerning any impacts on the protections guaranteed 

by the constitutions of the United States or the state of Kansas; and 

(3) not submit a state plan if the attorney general review indicates that the proposed plan 

would adversely impact the state's legal position in any current or pending litigation relating to 

the environmental protection agency docket EPA-HQ-OAR-2013-0602 or if the attorney general 
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review indicates that the proposed state plan adversely impacts protections guaranteed by the 

constitutions of the United States or the state of Kansas. 

(i) The secretary shall be responsible for submitting a state plan to the environmental 

protection agency in a timely manner. Notwithstanding any other provision of this act, the 

secretary shall prepare and submit any request for an extension of time to file a state plan, if 

necessary, an interim state plan or a final state plan to the environmental protection agency. Any 

interim or final state plan shall be submitted by the secretary no less than four calendar days 

prior to the federal submission deadline, or extended submission deadline, established by the 

environmental protection agency. Any final state plan submitted to the environmental protection 

agency may only be submitted if the secretary has previously submitted such plan for review by 

the clean power plan implementation study committee pursuant to this act. 

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

History: L. 2014, ch. 64, § 1; L. 2015, ch. 74, § 1; June 4.

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/li/statute/

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 C
State Implementation Plan Revision for the

Implementation, Maintenance, and Enforcement of the 

2012 Annual Fine Particulate Matter (PM2.5)

National Ambient Air Quality Standard

Infrastructure SIP 

Our Vision – Healthy Kansans living in safe and sustainable environments

Department of Health and Environment

Division of Environment

Bureau of Air

(785) 296-6024

November 2015
3

Contents

I. Introduction and Background.................................................................. 7

II. Section 110(a)(2)(A) Emission Limits and Other Control Measures .................. 8

III. Section 110(a)(2)(B) Ambient Air Quality Monitoring/Data System.................. 8

IV. Section 110(a)(2)(C) Programs for Enforcement, PSD, and NSR..................... 10

V. Section 110(a)(2)(D) Interstate and International Transport Provisions...............12

VI. Section 110(a)(2)(E) Adequate Personnel, Funding, and Authority................... 20

VII. Section 110(a)(2)(F) Stationary Source Monitoring and Reporting....................22

VIII. Section 110(a)(2)(G) Emergency Episodes................................................23

IX. Section 110(a)(2)(H) Future SIP Revisions................................................24

X. Section 110(a)(2)(I) Nonattainment Area Plan or Plan Revision 

under Part D................................................................................... 24

XI. Section 110(a)(2)(J) Consultation with Government Officials, 

Public Notification, PSD, and Visibility Protection..................................... 24

XII. Section 110(a)(2)(K) Air Quality Modeling/Data........................................ 26

XIII. Section 110(a)(2)(L) Permitting Fees..................................................... 26 

XIV. Section 110(a)(2)(M) Consultation/Participation by Affected Local Entities....... 27

Conclusion............................................................................................. 28

Appendices.............................................................................................. 29

 
4

Acronyms.............................................................................................. 5

Figures

Figure 1. Annual PM2.5 Design Values* for Kansas Monitors over Design Value 

Years 2008–2014..........................................................................................14

Figure 2. Annual PM2.5 Design Values, Averaged on County Basis, for Monitors in 

Nine States over Design Value Years 2008–2014....................................................15

Figure 3. Kansas Point Source Air Pollutant Emissions Trends for PM2.5, NOx, and SO2

over Years 2008-2013 (source: Kansas Emissions Inventory)......................................16

Figure 4. Kansas PM2.5 Emissions by SCC Level 1 — Top 7 Categories for National 

Emissions Inventory years 2002, 2005, 2008, and 2011.............................................17

Figure 5. Kansas NOx Emissions by SCC Level 1 — Top 7 Categories for National 

Emissions Inventory years 2002, 2005, 2008, and 2011.............................................18

Figure 6. Kansas SO2 Emissions by SCC Level 1 — Top 7 Categories for National 

Emissions Inventory years 2002, 2005, 2008, and 2011.............................................18 

Appendices......................................................................................................................... 29

Appendix A: Kansas PM2.5 Monitor Locations and Annual PM2.5 Design Values, 

2008-2014...................................................................... 31

Appendix B: Annual PM2.5 Design Values for PM2.5 Monitors in Nine States, 

2008-2014...................................................................... 32

Appendix C: Kansas PM2.5 Emissions by SCC* Level 1 for Years 2002, 2005, 

2008, and 2011 (source: National Emissions Inventory)................. 37

Appendix D: Kansas NOx Emissions by SCC* Level 1 for Years 2002, 2005, 

2008, and 2011 (source: National Emissions Inventory)................. 38

Appendix E: Kansas SO2 Emissions by SCC* Level 1 for Years 2002, 2005, 

2008, and 2011 (source: National Emissions Inventory)................. 39
5

List of Acronyms and Abbreviations

AQI Air Quality Index

CAA Clean Air Act

CFR Code of Federal Regulations

CSAPR Cross-State Air Pollution Rule

EGU electric generating unit

EPA U.S. Environmental Protection Agency

FR Federal Register

KAR Kansas administrative regulation

KSA Kansas statutory authority

μg/m3 micrograms per cubic meter

MOBILE [EPA] mobile source emission factor model

MOVES Motor Vehicle Emission Simulator

NAAQS National Ambient Air Quality Standard

NEI National Emissions Inventory

NO2 nitrogen dioxide

NOx nitrogen oxides

NSR New Source Review

OAQPS Office of Air Quality Planning and Standards

PM10 particulate matter (diameter equal to or less than 10 microns)

PM2.5 fine particulate matter (diameter equal to or less than 2.5 microns)

PSD Prevention of Significant Deterioration

PTE potential to emit

SCC source classification code

SCR selective catalytic reduction

SIL significant impact level (air dispersion modeling)

SIP state implementation plan

SMC significant monitoring concentration

SO2 sulfur dioxide

SOx sulfur oxides

TSD technical support document
7

I. Introduction and Background

On December 14, 2012, the U.S. Environmental Protection Agency (EPA) promulgated a 

revision to the existing National Ambient Air Quality Standard (NAAQS) for fine particulate 

matter (PM2.5), and on January 15, 2013, published the final rule in the Federal Register. [78 FR 

3086] This revision strengthened the primary annual standard from 15.0 micrograms per cubic 

meter (μg/m3) to 12.0 μg/m3. 

Based on 2011-2013 air quality monitoring data, EPA determined that no area in Kansas violates 

the 2012 primary annual NAAQS for PM2.5 and designated all areas, including each Kansas 

county, as “unclassifiable/attainment.” These designations were published in the Federal 

Register on January 15, 2015 and became effective on April 15, 2015. [80 FR 2206] 

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

plan to the EPA Administrator that illustrates provisions for implementation, maintenance, and 

enforcement of newly promulgated or revised NAAQS. Section 110(a)(2) lists the elements that 

comprise the State Implementation Plan (SIP) as displayed below:

110(a)(2)(A) Emission limits and other control measures

110(a)(2)(B) Ambient air quality monitoring/data system

110(a)(2)(C) Programs for enforcement, PSD, and NSR

110(a)(2)(D) Interstate and international transport provisions

110(a)(2)(E) Adequate personnel, funding, and authority

110(a)(2)(F) Stationary source monitoring and reporting

110(a)(2)(G) Emergency episodes

110(a)(2)(H) Future SIP revisions

110(a)(2)(I) Nonattainment area plan or plan revision under Part D

110(a)(2)(J) Consultation with government officials, public notification, PSD, and 

visibility protection

110(a)(2)(K) Air quality modeling/data

110(a)(2)(L) Permitting fees

110(a)(2)(M) Consultation/participation by affected local entities

Most of the infrastructure requirements are already addressed in the comprehensive Section 

110(a)(2) SIP submitted by Kansas in 1972 in response to the CAA of 1970. This Kansas 

revision for the 2012 federal PM2.5 air quality standard continues to affirm Kansas’ commitment 

to comply with Section 110(a)(2) requirements and is incorporated by reference into the overall 

Kansas State Implementation Plan.

The following discussions list the statutory and regulatory requirements by each paragraph in 

Section 110(a)(2) and demonstrate that the Kansas Department of Health and Environment 

(KDHE) has the necessary plans, programs, and statutory authority to implement the 

requirements of Section 110 of the federal CAA as they pertain to PM2.5.
8

II. Section 110(a)(2)(A) Emission limits and other control measures

“(A) include enforceable emission limitations and other control measures, means, or techniques 

(including economic incentives such as fees, marketable permits, and auctions of emissions 

rights), as well as schedules and timetables for compliance, as may be necessary or appropriate 

to meet the applicable requirements of this chapter;” [42 U.S.C. 7410(a)(2)(A)1]

KDHE fulfills the requirements of Section 110(a)(2)(A) through the Kansas Statutes, Kansas 

Administrative Regulations, permits, and consent orders and agreements. Pursuant to K.S.A. 65-

3005, the Secretary of the KDHE has the power to adopt, amend and repeal rules and regulations 

implementing air quality standards and to prepare and develop plans for the prevention, 

abatement, and control of air pollution in Kansas that affects air quality in Kansas, in other 

states, or both. 

The Kansas Air Quality Program staff from the KDHE’s Bureau of Air (BOA), monitor and 

track air pollutants across Kansas to assure that health-based standards set by the EPA are not 

exceeded. Data are 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, fulfill the 

requirements of Section 110(a)(2)(A).

III. Section 110(a)(2)(B) Ambient air quality monitoring/data system

“(B) provide for establishment and operation of appropriate devices, methods, systems, and 

procedures necessary to—

(i) monitor, compile, and analyze data on ambient air quality, and 

(ii) upon request, make such data available to the Administrator;”[42 U.S.C. 

7410(a)(2)(B)]

The Kansas ambient air monitoring network, operated by the KDHE’s Bureau of Air and local 

air quality agencies, fulfills the requirements of 110(a)(2)(B). Monitoring data from 16 sites

across the state are analyzed to determine criteria pollutant compliance with federal standards 

and to evaluate air quality trends. Ten of these sites contain eleven PM2.5 monitors from which 

quality assured PM2.5 monitoring data is collected and reported. State of Kansas PM2.5 monitor 

site IDs, locations, and types are listed in the table on page 9.

 

1 The Clean Air Act (CAA) was incorporated into the United States Code (U.S.C.) as Title 42, Chapter 85. Both the 

CAA and U.S.C. references are provided. See http://www.epa.gov/air/caa for more information.
9

State of Kansas PM2.5 Monitor Site ID and Location

Site Name Site ID City Address Lat_DD Lon_DD PM2.5

Continuous 

PM2.5

Cedar Bluff 201950001 Rural Cedar Bluff Reservoir, 

Pronghorn & Muley 38.770081 -99.763424 No Yes

Justice 

Center 200910007 Overland Park 85th & Antioch 38.974457 -94.687013 Yes No

Heritage 

Park 200910010 Olathe 13899 W 159th Heritage Park 38.838575 -94.746424 Yes Yes

K-96 and 

Hydraulic 201731012 Wichita K-96 & Hydraulic 37.747085 -97.316912 Yes No

Glenn & 

Pawnee 201730009 Wichita Glenn & Pawnee 37.651114 -97.362212 Yes No

Health 

Dept. 201730010 Wichita Health Dept, 1900 9th St 37.702066 -97.314847 Yes No

KNI 201770013 Topeka 2501 Randolph Avenue 39.024265 -95.711275 Yes No

Peck 201910002 Peck 707 E 119th St South, 

Peck Community Bldg 37.47689 -97.366399 Yes No

Chanute 201330003 Chanute 1500 West 7th 37.67696 -95.47594 Yes No

JFK 202090021 Kansas 

City

1210 N. 10th St 

JFK Recreation Center 39.117219 -94.635605 Yes Yes

In accordance with 40 C.F.R. Part 58, KDHE compiles, analyzes, and reports quality assured 

monitoring data to EPA for approval each year in the form of a Kansas Ambient Air Monitoring 

Network Plan. After completion of a required 30-day comment period from June 2 – July 1, 

2014, KDHE submitted the Kansas 2014-2015 Air Monitoring Network Plan which EPA 

approved on November 20, 2014. The plan describes the current PM2.5 monitoring network, 

which includes 11 monitors at 10 different monitoring sites throughout the state. Kansas’ EPAapproved monitoring plans can be found on the following EPA website: 

http://www.epa.gov/region07/air/quality/quality.htm. 

K.S.A. 65-3005 authorizes collection of ambient air monitoring data and K.S.A. 65-3015

authorizes provision of this data for public availability. The Kansas statute 65-3005 includes the 

following text:

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

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.

(13) Collect and disseminate information and conduct educational and 

training programs relating to air contamination and air pollution.
10

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

requirements and to provide quarterly reports of compiled and analyzed air quality monitoring 

data to the EPA.

IV. Section 110(a)(2)(C) Programs for enforcement, PSD, and NSR

“(C) include a program to provide for the enforcement of the measures described in 

subparagraph (A), and regulation of the modification and construction of any stationary source 

within the areas covered by the plan as necessary to assure that national ambient air quality 

standards are achieved, including a permit program as required in parts C and D of this 

subchapter;” [42 U.S.C. 7410(a)(2)(C)]

Kansas fulfills the requirements of Section 110(a)(2)(C) with the implementation of a program 

for the enforcement of control measures associated with the State Implementation Plan and a 

permit program for stationary sources. KDHE’s Bureau of Air implements and manages these 

programs through its Air Compliance and Enforcement Section and its Air Permitting Section in 

coordination with the Bureau of Environmental Field Services district offices.

The Air Compliance and Enforcement Section (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 use 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 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 oversee 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 provide public outreach and compliance assistance. When a source violates 

an air quality standard, the ACES staff issue a notice of violation, works with the source to return

the source to a compliant regulatory status, and pursues formal enforcement action when 

necessary as authorized by K.S.A. 65-3011. Additional information about the compliance and 

enforcement program is available at http://www.kdheks.gov/air-permit/indexCE.html. 

The Air Permitting Section (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. State authority is granted at K.S.A. 65-3008. The APS staff issue 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 proposed construction or modification’s potential-to-emit 

(PTE). The proposed construction or modification is reviewed to assure that potential emissions 
11

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 delegated to the state that are applicable to new or modified 

sources. These include the New Source Performance Standards (NSPS), 40 C.F.R. Part 60, and 

the National Emission Standards for Hazardous Air Pollutants (NESHAP), 40 C.F.R. Parts 61 

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

the MACT regulations. 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. 

Federally approved Kansas air quality regulations K.A.R. 28-19-300 through 304 apply to 

preconstruction permits and approvals; K.A.R. 28-19-350 addresses prevention of significant 

deterioration (PSD); and K.A.R. 28-19-500 et seq., operating permits.2

The current EPA-approved K.A.R. 28-19-350 was published as a final regulation in the Kansas 

Register on December 13, 2012 and became effective on December 28, 2012. [Kansas Register 

Vol. 31, No. 50, pages 1507-1508] The amendments to K.A.R. 28-19-350 align the Kansas PSD 

regulation with the federal PSD regulation codified at 40 C.F.R. 52.21. This revision 

incorporates by reference federal rule changes through July 1, 2011 as well as the July 20, 2011 

Deferral for CO2 Emissions from Bioenergy and Other Biogenic Sources Under the Prevention 

of Significant Deterioration (PSD) and Title V Programs; Final Rule [76 FR 43490], and the 

October 25, 2012 Amendment to the Definition of Regulated NSR Pollutant Concerning 

Condensable Particulate Matter; Final Rule. [77 FR 65118-65119] 

EPA published its conditional approval of Kansas’ current K.A.R. 28-19-350 along with 

Infrastructure SIP Requirements for the 1997 and 2006 Fine Particulate Matter National 

Ambient Air Quality Standards in the June 20, 2013 Federal Register. [78 FR 37129] 

Provisions of the October 20, 2010 PM2.5 PSD—Increments, SILs and SMCs rule [75 FR 64865]

relating to significant impact levels (SILs) and significant monitoring concentrations (SMCs)

that were affected by the January 22, 2013 U.S. Court of Appeals decision are not SIP approved. 

Provisions of the 2002 NSR reform rule relating to the Clean Unit Exemption, Pollution Control 

Projects, and exemption from recordkeeping provisions for certain sources using the actual-toprojected-actual emissions projections test are not SIP approved. In addition, EPA did not 

approve Kansas’ rule incorporating EPA’s May 1, 2007 revision of the definition of ‘‘chemical 

processing plants’’ or the ‘‘Ethanol Rule’’ [72 FR 24060] or EPA’s December 19, 2008 

‘‘fugitive emissions rule.’’ [73 FR 77882]

The Kansas Department of Health and Environment commits to continued enforcement of 

control measures for which it has jurisdiction and to the continued partnership with local agency 

permitting and enforcement programs with respect to measures required by the CAA.

 

2

Please refer to Kansas Administrative Regulations for all K.A.R. references inserted within this report.
12

V. Section 110(a)(2)(D) Interstate and international transport provisions

“(D) contain adequate provisions—

(i) prohibiting, consistent with the provisions of this subchapter, any source or other type 

of emissions activity within the State from emitting any air pollutant in amounts which 

will--

(I) contribute significantly to nonattainment in, or interfere with maintenance 

by, any other State with respect to any such national primary or secondary 

ambient air quality standard, or 

(II) interfere with measures required to be included in the applicable 

implementation plan for any other State under part C of this subchapter to 

prevent significant deterioration of air quality or to protect visibility,

(ii) insuring compliance with the applicable requirements of sections 7426 and 7415 of 

this title (relating to interstate and international pollution abatement);” [42 U.S.C. 

7410(a)(2)(D)] 

Section 110(a)(2)(D)(i)

Section 110(a)(2)(D)(i) contains two subsections: (D)(i)(I) and (D)(i)(II). Section 110 

(a)(2)(D)(i)(I) addresses any emissions activity in one state that contributes significantly to 

nonattainment, or interferes with maintenance, of the NAAQS in another state. The EPA 

sometimes refers to these requirements as prong 1 (significant contribution to nonattainment) and 

prong 2 (interference with maintenance).

Section 110(a)(2)(D)(i)(I):

To demonstrate Kansas’ compliance with the good neighbor provision with respect to the 2012 

annual PM2.5 NAAQS, two basic means will be used. First, EPA’s recent modeling for the CrossState Air Pollution Rule (CSAPR) shows no so-called “linkage” between Kansas sources and 

downwind receptors—either those in nonattainment areas or those in maintenance areas. Second, 

trends for both monitored annual PM2.5 and emissions of PM2.5, NOx, and SO2 (the last two being 

important precursors to downwind PM2.5) show significant downward trending over the past 

seven years.

Cross-State Air Pollution Rule (CSAPR)

In terms of EPA’s own implementation of the good neighbor provisions with regard to Kansas 

sources, EPA promulgated, originally in 2011 and finally in 2014 after withstanding legal 

challenges, the CSAPR (“Transport Rule”) which requires states to significantly improve air 

quality by reducing power plant emissions that contribute to ozone and/or fine particle pollution 

in other states. In February 2012 EPA published its technical support document (TSD), Final 

Revisions Rule Significant Contribution Assessment TSD,

3 which begins:

 

3

http://www.epa.gov/airtransport/pdfs/Final%20Revisions%20Rule%20Significant%20Contribution%20Assessment

%20TSD.pdf
13

This Technical Support Document (TSD) presents quantitative assessments of 

the relationship between final revisions to the Transport Rule and the original 

analysis conducted for the final Transport Rule informing the Rule’s 

determination of emissions that significantly contribute to nonattainment or 

interfere with maintenance of the National Ambient Air Quality Standards 

(NAAQS) in downwind states. As conducted for the final Transport Rule, EPA 

reiterated its analysis of the downwind air quality impacts resulting from the 

rule’s projected SO2 emission reductions using the Air Quality Assessment 

Tool (AQAT) and taking the finalized revisions into account. In this 

document, EPA also assesses the relationship between the NOx emission 

inventories in each affected state and the finalized revisions to annual NOx and 

ozone-season NOx budgets under the Transport Rule programs.

Noting that the 2012 annual PM2.5 NAAQS value is 12 μg/m3, under the “Kansas” section of the 

above TSD, EPA states: “Kansas did not contribute to any of the annual PM2.5 receptors with 

2012 base case design values greater than or equal to 12.05 μg/m3.” In other terms, EPA’s most 

recent photochemical modeling itself demonstrates that Kansas does not contribute significantly 

to nonattainment or interfere with maintenance of the 2012 annual PM2.5 NAAQS in another 

state.

EPA did find Kansas “linkages” to five downwind receptors in Illinois and Wisconsin for 24-hr 

PM2.5, therefore, Kansas is included in the CSAPR4. However, overall allocation of NOx and 

SO2 allowances for Kansas electric generating units (EGUs), under the rule, shows an abundance 

of excess allowances. Under CSAPR, 2016 Kansas allocations equal 30,727 allowances for NOx

and 41,137 allowances for SO2. Meanwhile, total actual 2013 EGU NOx emissions from Kansas 

sources were 29,056 tons and corresponding SO2 emissions were 30,043 tons (expected to drop 

to approximately 18,000 tons by 2016). Kansas EGUs are emitting significantly less NOx and 

SO2 than EPA’s rule requires for attaining both the 24-hr and annual PM2.5 NAAQS. 

Trend in Kansas annual PM2.5 monitor design values

The current Kansas PM2.5 monitoring network includes 11 monitors located throughout the state 

at 10 different monitoring sites. Figure 1 shows the trend in annual PM2.5 design values for the 11 

Kansas PM2.5 monitors having published design values from 2008 to 2014. A table which lists 

these design values and provides details about the monitors can be found in Appendix A. 

 

4

http://www.epa.gov/airquality/transport/CSAPR/actions.html
14

Figure 1. Annual PM2.5 Design Values* for Kansas Monitors over Design Value 

Years 2008–2014

*3-year averages of annual mean values. Note some design values used for this chart are 

characterized as “invalid” due to incomplete data, but are nonetheless made available by EPA.

Inspection of Figure 1 shows a clear downward trend in annual PM2.5 concentration at all monitor 

sites, with none of Kansas monitor design values ever having exceeded the 12 μg/m3 NAAQS, 

all values at or below 9.1 μg/m3by 2014. This downward trend, in turn, clearly demonstrates a 

decreasing probability of Kansas sources contributing to either nonattainment or maintenance of 

the annual PM2.5 NAAQS at downwind locations.

Trend in Annual PM2.5 design values for Kansas upwind and downwind states

Beyond looking at the trend in annual PM2.5 for Kansas monitors, a similar analysis was made for 

PM2.5 monitors in eight upwind and downwind states around Kansas, including Illinois and 

Wisconsin. Since transported particulate matter is diffuse, design values for individual sites were 

averaged on a county-by-county basis. County-based results can be found in Appendix B. 

County-based design values were then averaged for each state for each year, and those state 

averages are presented in Figure 2. Note that the legend in Figure 2 indicates the number of 

monitor sites, as well as the number of counties that were averaged, to establish the trend line 

shown for each state.

0.0

2.0

4.0

6.0

8.0

10.0

12.0

14.0

2006-2008 2007-2009 2008-2010 2009-2011 2010-2012 2011-2013 2012-2014

μg/m3

2012 NAAQS

Justice Center

Heritage Park

Mine Creek

Washington & Skinner

Glenn & Pawnee

Health Dept.

KNI

Peck

JFK

Midland
15

Figure 2. Annual PM2.5 Design Values, Averaged on County Basis, for Monitors in Nine 

States over Design Value Years 2008–2014

Figure 2 conveys the overall negative trend in annual PM2.5 concentrations in the central U.S. 

over the past several years. Coupled with the trendlines in Figure 1 this chart demonstrates that, 

while other conditions remain the same, future annual PM2.5 nonattainment at a particular site 

within these states will be more an issue of local PM pollution than that of interstate transport 

from Kansas sources.

Trend in Kansas point source emissions

In addition to reviewing PM2.5 concentrations and trends at monitor sites, emission trends 

provide useful evidence. In this case, since NOx and SO2 are the primary precursors to 

transported PM2.5, those two pollutants need to be included. Figure 3 presents a comparison of 

annual total point source (i.e., Title V and synthetic minor source) emissions of these three 

pollutants for Kansas over years 2008 through 2013, the most current complete inventory year in 

the Kansas Emissions Inventory database.
16

Figure 3. Kansas Point Source Air Pollutant Emissions Trends for PM2.5, NOx, and SO2

over Years 2008-2013 (source: Kansas Emissions Inventory)

The trend for NOx and SO2 in Kansas point source emissions fell markedly downward from 2008 

to 2013. NOx decreased 33% (107,894 to 71,905 tons) and SO2 decreased 64% (103,403 to 

36,709 tons). Both NOx and SO2 emissions are expected to decline further from 2015 to 2017 

with installation of selective catalytic reduction (SCR) devices and scrubbers at KCP&L - La 

Cygne and Kansas City BPU - Nearman facilities. Taken together, the significant downward 

trends in Kansas NOx and SO2 emissions combine to provide good evidence that Kansas sources 

will not be contributing to impacts at downwind annual PM2.5 nonattainment or maintenance 

sites.

Trend in National Emissions Inventory values for Kansas source categories 

EPA’s triennial National Emissions Inventory (NEI) must be utilized to gain a complete picture 

of Kansas air emissions (i.e., from emission sources beyond point sources). EPA has used several 

classification schemes for summarizing NEI results since at least the 2002 NEI, and the current 

schemes (“60 EIS emission sectors” and “14 major tiers”)5don’t align with those from previous 

years. In order to analyze NEI results over several NEI cycles (i.e., 2002, 2005, 2008, and 2011) 

it was necessary to run queries using the fundamental inventory “unit,” the source classification 

code (SCC).

As of 2014 there are slightly more than 90,000 SCCs, each with (up to) four descriptor levels 

1 to 4, used for process-level emissions under the following six general source categories: 

Biogenic (includes geogenic); Event (prescribed burning and wildfires); Point; Nonpoint; 

Onroad; Nonroad. In this analysis, emissions were grouped and categorized by general source 

category and SCC level.

 

5Refer to http://www.epa.gov/ttnchie1/net/2011inventory.html

PM25 NOx SO2

2008 4,391 107,894 103,403

2009 4,277 97,964 58,497

2010 4,059 102,116 51,975

2011 4,081 93,323 46,887

2012 3,505 77,980 38,153

2013 3,298 71,905 36,709

0

20,000

40,000

60,000

80,000

100,000

120,000

tons
17

Figures 4 through 6 show the top seven of these groupings in terms of total tons emitted for the 

three pollutants studied. Tables containing the tonnage values for all categories, including the 

“top seven,” are found in Appendices C, D, and E. 

Notice the appendices’ charts contain the following abbreviations for general source categories: 

 BIO = biogenic 

 EV = event 

 PT = point 

 NP = nonpoint 

 OR = onroad 

 NR = nonroad 

Abbreviations used for level 1 SCCs are: 

 RR = railroad

 CMV = commercial marine vessel

 O&G = oil and gas 

 ICE = internal combustion engines

 EGU = electric generating unit

The following Figures 4 through 6 illustrate Kansas PM2.5, NOx, and SO2 emissions generally 

decreasing since 2002, with the exception of emissions from fires and dust from crops and 

livestock, both of which can vary significantly from year to year.

Figure 4. Kansas PM2.5 Emissions by SCC Level 1 — Top 7 Categories for National 

Emissions Inventory years 2002, 2005, 2008, and 2011
18

Figure 5. Kansas NOx Emissions by SCC Level 1 — Top 7 Categories for National 

Emissions Inventory years 2002, 2005, 2008, and 2011

And Figure 6 measurements reveal steady, extreme declines in SO2 emissions from 2002-2011.

Figure 6. Kansas SO2 Emissions by SCC Level 1 — Top 7 Categories for National 

Emissions Inventory years 2002, 2005, 2008, and 2011
19

The only other significant increase seen (Figure 5) is for 2008 onroad NOx for OR – Highway 

Vehicles. The first NEI year that EPA used its MOVES model for OR mobile sources was 2008. 

Although EPA did not advertise the large increase in NOx emissions in MOVES relative to the 

previous model, MOBILE6.2, it did find in several studies6that MOVES estimates for NOx were 

approximately 20-30% higher than estimates based on EPA’s previous model, MOBILE.

In conclusion, there is ample evidence that Kansas sources are neither contributing to nor 

interfering with downwind nonattainment or maintenance areas associated with PM2.5. First, the 

total allowances of NOx and SO2 distributed to Kansas EGUs under the Cross-State Air Pollution 

Rule — which represent the emissions of these two pollutants needed to meet the 2006 PM2.5 

NAAQS — are significantly higher than actual emissions of these pollutants. NOx and SO2 

emissions from the entire point source category are continuing to drop as well.

Trends in Kansas annual PM2.5 monitor design values show a steady decline over the last seven 

design value periods. These values have never exceeded 12 μg/m3, the current annual standard, 

and all design values are at or below 9.1 μg/m3for the latest design value period 2012-2014. 

Additionally, PM2.5 monitor design values for monitors in nine states from Texas to Wisconsin 

all show a downward trend over the last seven design value periods.

Finally, Kansas emissions for source categories other than point sources, including nonpoint, 

onroad, and nonroad mobile sources, all show a generally steady decline over the last four NEI 

cycles, 2002, 2005, 2008, and 2011. Only those categories that are more variable due to other 

factors (including changes in emission factors), i.e., fire emissions and dust from crops and 

livestock, show no trend.

Section 110(a)(2)(D)(i)(II):

Element (D)(i)(II) requires SIP provisions prohibiting source or emissions activity in one state 

from interfering with measures required of any other state to prevent significant deterioration of 

air quality or from interfering with measures required of any other state to protect visibility (in 

Class I areas). The EPA sometimes refers to these requirements under subsection (D)(i)(II) as 

prong 3 (interference with PSD) and prong 4 (interference with visibility protection).

PSD Program 

To satisfy the requirements under 110(a)(2)(D)(i)(II), Kansas’ federally approved Prevention of 

Significant Deterioration (PSD) permitting program applies statewide to ensure that new and 

modified sources of pollution do not cause or contribute to violations of air quality standards. 

Section 126(a) of the Clean Air Act (CAA) directs that SIPs include provisions requiring a new 

or modified source to notify neighboring states of potential impacts from the source. Kansas 

fulfills this requirement with a regulatory provision in K.A.R. 28-19-350(k)(2) that is consistent 

with 40 C.F.R. 51.166(q)(2)(iv).

 

EPA’s most recent modeling has found that Kansas sources do not currently contribute to 

downwind receptors in nonattainment or maintenance areas for the annual PM2.5 NAAQS. 

 

6 Refer to http://www.epa.gov/ttnchie1/conference/eil8/session6/beardsley.pdf
20

Further, significant decreases in emissions of PM2.5, NOx, and SO2 give good evidence that 

Kansas sources will not contribute to annual PM2.5 in those areas in future. Nevertheless, if areas 

in downwind states are designated nonattainment in the future based on data from the monitoring 

network, and if Kansas is determined to have a significant impact on ambient concentrations in 

those states, control strategies will be evaluated and a path forward determined. 

Regional Haze

Additionally, the State of Kansas Regional Haze Plan (RHP) protects visibility in Class I areas in 

downwind states, as required under 110(a)(2)(D)(i)(II). On December 27, 2011, EPA approved 

the Kansas RHP [76 FR 80754] and on March 10, 2015 Kansas submitted a SIP revision to EPA 

documenting that the State’s existing RHP is making adequate progress to achieve visibility 

goals by 2018. This Kansas SIP revision and five year progress report addressed Regional Haze 

Rule requirements under the Clean Air Act (CAA) to submit a report describing progress in 

achieving reasonable progress goals (RPGs) to improve visibility in federally designated areas in 

nearby states that may be affected by emissions from Kansas sources. On September 14, 2015, 

EPA took final action to approve and promulgate Kansas’ determination that the existing 

Regional Haze SIP adequately meets the visibility goals and requires no substantive revision at 

this time. [80 FR 55030] The effective date for this final rule is October 14, 2015. The next 

Kansas Regional Haze Report will be submitted by July 31, 2018 and every ten years thereafter.

Section 110(a)(2)(D)(ii)

Kansas provides assurance that this SIP includes provisions to satisfy the elements of Section 

110(a)(2)(D)(ii) of the CAA. Located in the center of the U.S., Kansas’ extended distance from

international borders does not indicate significant air pollution impact on other countries. 

Therefore, the element of Section 110(a)(2)(D)(ii) of the CAA pertaining to Section 115 of the 

CAA (U.S. Code §7415) regarding international transport under the 2012 annual PM2.5 NAAQS 

does not apply.

K.S.A. 65-3005 and K.S.A. 65-3016 authorize KDHE to represent all matters pertaining to 

interstate air pollution abatement. Consistent with 110(a)(2)(D)(ii) of the CAA pertaining to 

requirements under Section 126, Kansas rules require that affected states receive notice prior to 

the commencement of any construction or modification of a source (as addressed in this report

within the previous Section 110(a)(2)(D)(i)(II)).

VI. Section 110(a)(2)(E) Adequate personnel, funding, and authority

“(E) provide 

(i) necessary assurances that the State (or, except where the Administrator deems 

inappropriate, the general purpose local government or governments, or a regional 

agency designated by the State or general purpose local governments for such purpose) 

will have adequate personnel, funding, and authority under State (and, as appropriate, 

local) law to carry out such implementation plan (and is not prohibited by any provision 

of Federal or State law from carrying out such implementation plan or portion thereof), 
21

(ii) requirements that the State comply with the requirements respecting State boards 

under section 7428 of this title, and 

(iii) necessary assurances that, where the State has relied on a local or regional 

government, agency, or instrumentality for the implementation of any plan provision, the 

State has responsibility for ensuring adequate implementation of such plan provision;” 

[42 U.S.C. 7410(a)(2)(E)] 

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

out the programs of the SIP. 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 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.

KDHE has adequate personnel, funding, and authority to fulfill the requirements of the SIP. As 

stated above in “II. Section 110(a)(2)(A) Emission limits and other control measures” of this

document, KDHE fulfills the requirements of the SIP through the Kansas Statutes, Kansas 

Administrative Regulations, permits, and consent orders and agreements. The Bureau of Air

program’s budget is funded by Title V and non-Title V fees authorized by K.S.A. 65-3024;

permit fees authorized by K.S.A. 65-3008; EPA grants authorized under Sections 103 and 105

of the Clean Air Act (CAA); and by the State General Fund (SGF).

7

 

The majority of the BOA 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 programs. The last 

such fee adjustment was an increase to annual emission fees (K.A.R. 28-19-202) effective 

November 5, 2010. Collectively, the BOA and local agency budgets adequately support the 

Kansas air program with approximately 50 full-time equivalent staff positions.

Kansas Statutes from Chapter 46, Article 2, specify conflict of interest requirements for members 

of KDHE. 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 interest. Specifically, the following statutes fulfill the 

CAA Section 128 (42 U.S.C. 7428) requirements referenced in Section 110(a)(2)(E) for 

disclosure of financial interests by the “head of an executive agency” responsible for issuing

permits and enforcement orders, as follows. 

46-247. Individuals required to file written statements of substantial interests; exception.

(c) State officers, employees and members of boards, councils and commissions 

under the jurisdiction of any state agency who are listed as designees by the head 

of a state agency pursuant to K.S.A. 46-285, and amendments thereto.

 

7 The term “non-Title V fee” refers to those fees collected under the provisions of K.S.A. 65-3024 and K.A.R. 28-

19-202 that are used to implement the provisions of the Kansas Air Quality Act that involve clean air act 

requirements other than Title V.
22

46-221. State officer or employee, candidate and state officer elect defined.

46-229.“Substantial interest” and “client or customer” defined.

These statutes may be viewed by clicking on Article 2 (STATE GOVERNMENTAL ETHICS) at:

http://www.ksrevisor.org/statutes/ksa_ch46.html.

The KDHE oversees local agencies that implement Kansas Air Quality Act (Kansas Statutes 

Chapter 65, Article 30) provisions and air quality protection services. Partner agencies include:

 City of Wichita, Public Works & Utilities Department, Division of Environmental Health

 Unified Government of Wyandotte County – Kansas City, Kansas Health Department

 Johnson County Department of Health and Environment

VII. Section 110(a)(2)(F) Stationary source monitoring and reporting

“(F) require, as may be prescribed by the Administrator—

(i) the installation, maintenance, and replacement of equipment, and the implementation 

of other necessary steps, by owners or operators of stationary sources to monitor 

emissions from such sources, 

(ii) periodic reports on the nature and amounts of emissions and emissions-related data 

from such sources, and 

(iii) correlation of such reports by the State agency with any emission limitations or 

standards established pursuant to this chapter, which reports shall be available at 

reasonable times for public inspection;” [42 U.S.C. 7410(a)(2)(F)] 

Emissions monitoring data provide a basis for determining whether facilities meet established 

performance standards. KDHE uses this data to identify sources and emission levels, determine 

compliance with regulations and other enforceable requirements, develop control and 

maintenance strategies, and analyze progress in maintaining the NAAQS.

The KDHE maintains a database with emissions inventory data for more than 900 stationary 

source facilities in Kansas, including PM2.5 emissions data. KDHE posts a summary report of 

emissions from stationary sources, both major and minor, for the National Emissions Inventory 

Year on its website at (http://www.kdheks.gov/emission/data.html). The data are reported to the 

EPA every three years. 

KDHE commits to its continued oversight of the 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 K.S.A. 65-3015.
23

VIII. Section 110(a)(2)(G) Emergency episodes

“(G) provide for authority comparable to that in section 7603 of this title and adequate 

contingency plans to implement such authority;” [42 U.S.C. 7410(a)(2)(G)]

Kansas meets the requirements of Section 110(a)(2)(G), which requires states to provide for 

authority to address activities causing imminent and substantial endangerment to public health or 

welfare or to the environment and adequate contingency plans to implement such authority. This 

authority is provided to the KDHE Secretary in the following Kansas air quality statutes.

K.S.A. 65-3002 (a) and (b) provide definitions for air contaminants or outdoor pollutants and 

quantities and duration of those pollutants in the ambient air that tend to endanger health and 

welfare or contribute to formation of regional haze.

K.S.A. 65-3005 Powers of the secretary.

 K.S.A. 65-3012 Action to protect health or environment; judicial review procedures.

Kansas’ Air Pollution Emergency Plan includes regulations that address excessive buildup of air 

contaminants during air pollution episodes in Kansas. These regulations address general 

provisions; episode criteria specifically addressing SO2, NO2, PM10, CO, and ozone; emission 

reduction requirements; and provisions for emergency episode plans. These regulations may be 

accessed at K.A.R. 28-19-55 et seq. Emergency episode plans are required in areas that record 

pollutant concentrations in excess of threshold levels specified in 40 CFR 51.150. 

In USEPA’s 2007 guidance titled “Revising the Air Quality Index (AQI) and Setting a 

Significant Harm Level for PM2.5,”8the upper limit under consideration for the “Unhealthy” 

category for 24-hour PM2.5 design value was 140.4 μg/m3and a 50 μg/m3value for annual PM2.5 

concentrations. Since Kansas has not recorded a 24-hour PM2.5 level in excess of 140.4 μg/m3

nor any annual PM2.5 concentrations near 50 μg/m3, no specific emergency episode plans for 

PM2.5 are warranted, given the existing monitored levels. In fact, the highest 24-hour PM2.5 level 

measured from 2008 to 2012 was 27 μg/m3recorded in Wichita. The highest annual level of 

PM2.5 concentrations recorded during that time occurred in Wyandotte County at 10.7 μg/m3.

KDHE commits to submit any necessary revisions to its Air Pollution Emergency Plan upon 

adoption of future EPA amended guidance.

 

 

8

http://www.epa.gov/air/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL

Sept_2013.pdf
24

IX. Section 110(a)(2)(H) Future SIP revisions

“(H) provide for revision of such plan—

(i) from time to time as may be necessary to take account of revisions of such national 

primary or secondary ambient air quality standard or the availability of improved or 

more expeditious methods of attaining such standard, and 

(ii) except as provided in paragraph (3)(C), whenever the Administrator finds on the 

basis of information available to the Administrator that the plan is substantially 

inadequate to attain the national ambient air quality standard which it implements or to 

otherwise comply with any additional requirements established under this chapter;” 

[42 U.S.C. 7410(a)(2)(H)]

The Kansas Department of Health and Environment (KDHE) is submitting this revised SIP that 

responds to updated air quality standards for the 2012 PM2.5 NAAQS. As authorized by K.S.A. 

65-3005(a)(5), KDHE commits to submit SIP revisions whenever revised air quality standards 

are promulgated by the EPA or when existing provisions are found to be inadequate.

X. Section 110(a)(2)(I) Nonattainment area plan or plan revision under Part D

“(I) in the case of a plan or plan revision for an area designated as a nonattainment area, meet

the applicable requirements of part D of this subchapter (relating to nonattainment areas);” [42 

U.S.C. 7410(a)(2)(I)]

As per EPA guidance, nonattainment area plans required under part D are required on a different 

schedule from the Section 110 infrastructure elements and will be reviewed and acted upon 

through a separate process. 

Currently, there are no nonattainment areas for the 2012 Primary Annual PM2.5 NAAQS in 

Kansas. Each county in the state is designated unclassifiable/attainment.

XI. Section 110(a)(2)(J) Consultation with government officials, public notification, 

PSD, and visibility protection

“(J) meet the applicable requirements of section 7421 of this title (relating to consultation), 

section 7427 of this title (relating to public notification), and part C of this subchapter (relating 

to prevention of significant deterioration of air quality and visibility protection);” [42 U.S.C. 

7410(a)(2)(J)]

The CAA 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. 
25

The Bureau of Air’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 CAA Section 121 (42 U.S.C. 

7421).

The State’s rulemaking process includes:

 Department 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 the Kansas Register

 Review by Citizens Regulatory Review Board

 Review by Joint Committee on Administrative Rules and Regulations

Public Hearing Notice with required comment period announcement and supporting 

documentation, i.e., Regulatory Impact Statements, Technical Support Documents, etc. are 

posted on the KDHE website for public review before issuance of a permit.

9

 

Section 127 (42 U.S.C. 7427) requires that effective measures be utilized “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 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 and other information on its website readily available to the public entitled

“About Ambient Air Monitoring” that includes the following topics.10

 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 KDHE Bureau of Air website (http://www.kdheks.gov/bar/) also provides links to the 

Kansas Air Quality Monitoring Network and AIRNow for live monitoring data access. The 

KDHE News Release website (http://www.kdheks.gov/news/index.html) posts air quality health 

advisories for public awareness, when necessary. 

KDHE commits to ensuring that PSD regulations are implemented in Kansas. (See also the PSD 

discussion in “IV. Section 110(a)(2)(C) Programs for enforcement, PSD, and NSR” of this 

document.) The Kansas PSD program meets the requirements to protect visibility with the 

adoption of federal regulation 40 C.F.R. 52.21 in K.A.R. 28-19-350. 

 

9

Public Hearing Notice information can be accessed electronically at: http://www.kdhe.gov/bar/publicnotice.html.

10Ambient Air topics for public are available at: http://www.kdheks.gov/bar/air-monitor/indexMon.html
26

XII. Section 110(a)(2)(K) Air quality modeling/data

“(K) provide for—

(i) the performance of such air quality modeling as the Administrator may prescribe for 

the purpose of predicting the effect on ambient air quality of any emissions of any air 

pollutant for which the Administrator has established a national ambient air quality

standard, and 

(ii) the submission, upon request, of data related to such air quality modeling to the 

Administrator;” [42 U.S.C. 7410(a)(2)(K)]

Authority to conduct air dispersion modeling for ambient air quality analyses is provided to 

KDHE by K.S.A. 65-3005(a)(9). Air dispersion modeling is used to predict ground level 

ambient air concentrations of pollutants for comparison to air quality standards. The 

preconstruction permitting process uses the results of such modeling to determine the potential 

impacts of pollution from a proposed source before the source is constructed or modified.

KDHE commits to the continued use of air quality models in accordance with current guidance 

and protocols and to the continued submittal of data and modeling results to EPA.

Guidance for PM2.5 Permit Modeling

On May 20, 2014, EPA released Guidance for PM2.5 Permit Modeling (PDF) (144 pp, 2.3 MB)

which reflects the EPA’s recommendations for how major stationary sources seeking PSD 

permits for fine particles may demonstrate that they will not cause or contribute to a violation 

of the PM2.5 NAAQS and increments, as required under section 165(a)(3) of the Clean Air Act. 

The guidance addresses the air quality analysis requirements for direct PM2.5 emissions and 

PM2.5 precursors. EPA also posted this guidance to its SCRAM website for public access at 

http://www.epa.gov/nsr/guidance.html. 

Additional information may also be viewed at: http://www.epa.gov/nsr/guidance.html

XIII. Section 110(a)(2)(L) Permitting fees

“(L) require the owner or operator of each major stationary source to pay to the permitting 

authority, as a condition of any permit required under this chapter, a fee sufficient to cover—

(i) the reasonable costs of reviewing and acting upon any application for such a permit, 

and 

(ii) if the owner or operator receives a permit for such source, the reasonable costs of 

implementing and enforcing the terms and conditions of any such permit (not including 

any court costs or other costs associated with any enforcement action), until such fee

requirement is superseded with respect to such sources by the Administrator’s approval 

of a fee program under subchapter V of this chapter;” [42 U.S.C. 7410(a)(2)(L)]
27

The Title V fee program, part of the operating permit program that is discussed in “IV. Programs 

for enforcement, PSD, and NSR” of this document, is adequate to meet the requirements of

Section 110(a)(2)(L). This program includes permit fees and emissions fees for major stationary 

sources. 

In addition to fees directly related to the implementation and enforcement of the Kansas 

Title V Program, KDHE assesses and collects construction permit and approval fees and other 

non- Title V fees. The Kansas Air program’s annual emissions fee regulation, K.A.R. 28-19-

202, was last amended on November 5, 2010, implementing a change in fee rate and formulation

as necessary to sustain the Kansas air program. KDHE commits to continually implement major 

stationary source permit and emissions fee regulations as authorized by K.S.A. 65-3008 and 

K.S.A. 65-3022 through K.S.A. 65-3024.

The Air Permitting Section staff also issue 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 

(known as a Title V permit) and Class II (a federally enforceable synthetic minor 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 C.F.R. 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. Information about the permits 

program is available at http://www.kdheks.gov/air-permit/indexPrmt.html. 

XIV. Section 110(a)(2)(M) Consultation/participation by affected local entities

“(M) provide for consultation and participation by local political subdivisions affected by the 

plan.” [42 U.S.C. 7410(a)(2)(M)]

KDHE’s Bureau of Air has signed State and/or Local Agreements with the following:

 City of Wichita, Public Works & Utilities Department, Division of Environmental Health

 Unified Government of Wyandotte County – Kansas City, Kansas Health Department

 Johnson County Department of Health and Environment

 Mid-America Regional Council

These agreements establish formal partnerships between the Bureau of Air and local agencies 

who work together to develop and annually update strategic goals, objectives, and strategies for 

reducing emissions and improving air quality. In addition, public participation in the rulemaking 

process is conducted in accordance with EPA regulations at 40 C.F.R. Part 51, Subpart F, and 

involves the following entities:

 League of Kansas Municipalities, 

 Kansas Association of Counties, and 

 Kansas Association of School Boards.
28

This participation enhances communication about current emissions status and the 

implementation of Section 110(a)(2)(M) through their collaborative efforts. KDHE commits to 

maintaining a consultation process with local political subdivisions affected by the SIP as 

authorized by K.S.A. 65-3016.

Conclusion

The State of Kansas acknowledges and fulfills its responsibilities related to Section 110(a) of the 

CAA. Through this state implementation plan, Kansas hereby certifies that it has the authority 

and resources to implement, maintain and enforce the 2012 annual PM2.5 NAAQS. This plan 

demonstrates how the state has addressed and fulfilled all the applicable requirements of 

Sections 110(a)(1) and (2) of the CAA in regard to this revised annual particulate matter 

NAAQS. 
29

Appendices

Appendix A: Kansas PM2.5 Monitor Locations and Annual PM2.5 Design Values, 

2008-2014

Appendix B: Annual PM2.5 Design Values for PM2.5 Monitors in Nine States, 

2008-2014

Appendix C: Kansas PM2.5 Emissions by SCC* Level 1 for Years 2002, 2005, 2008, 

and 2011 (source: National Emissions Inventory)

Appendix D: Kansas NOx Emissions by SCC* Level 1 for Years 2002, 2005, 2008, 

and 2011 (source: National Emissions Inventory)

Appendix E: Kansas SO2 Emissions by SCC* Level 1 for Years 2002, 2005, 2008, 

and 2011 (source: National Emissions Inventory
31

Appendix A. Kansas PM2.5 Monitor Locations and Annual PM2.5 Design Values, 2008-2014

Site ID Site Name Latitude Longitude Co.

Annual PM2.5 Design Value (μg/m3)

2008 2009 2010 2011 2012 2013 2014

200910007 Justice 

Center

38.974444 -94.686944 JO 9.7 9.6 9.6 9.5 9.0 8.3 7.9

200910010 Heritage 

Park 38.838590 -94.746430 JO 9.0 8.7 8.1 8.1 7.7 7.5 7.2

201070002 Mine Creek 38.135833 -94.731944 LN 10.1 9.7 9.3 9.4 9.1 8.8 8.3

201730008 Washington 

& Skinner 37.659722 -97.297222 SG 9.5 9.5 9.1 9.1 8.9 9.2 9.0

201730009 Glenn & 

Pawnee

37.651111 -97.362222 SG 9.3 9.6 9.1 9.1 9.2 9.4 9.5

201730010 Health Dept. 37.701111 -97.313889 SG 9.5 9.5 8.9 8.9 8.9 8.8 8.8

201770013 KNI 39.024270 -95.711280 SN 10.2 10.0 9.2 9.2 9.2 9.0 8.5

201910002 Peck 37.476944 -97.366389 SU 9.0 9.1 8.6 8.6 8.6 8.5 8.2

202090021 JFK 39.117500 -94.635556 WY 11.2 10.7 10.3 10.4 10.2 9.7 9.4

202090022 Midland 39.045833 -94.694444 WY 10.0 9.7 9.3 9.2 8.8 8.1 7.5
32

Appendix B. Annual PM2.5 Design Values for PM2.5 Monitors in Nine States, 2008-2014

State -

County CBSA Site(s)

Annual PM2.5 Design Value (μg/m3)

2008 2009 2010 2011 2012 2013 2014

AR - Arkansas 050010011 11.8 11.2 10.9 10.7 10.8 10.1 9.5

AR - Ashley 050030005 12.1 10.7 10.4 10.6 10.8 10.1 9.2

AR -

Crittenden

Memphis, TNMS-AR 050350005 12.5 11.7 11.1 11.1 11.2 10.6 9.8

AR - Faulkner

Little RockNorth Little 

Rock-Conway, 

AR

050450002 11.7 11.1 10.8 10.8 10.7 10.7 9.9

AR - Garland Hot Springs, AR 050510003 11.6 11.1 10.7 10.8 11.0 10.5 9.7

AR - Jackson 050670001 11.4 11.0 10.4 10.2 10.3 9.6 9.3

AR - Phillips West Helena, 

AR 051070001 11.5 11.1 10.7 10.7 10.6 10.1 9.3

AR - Polk 051130002 11.4 10.7 10.4 10.8 10.8 10.5 9.8

AR - Pope Russellville, AR 051150003 12.1 11.6 11.1 11.3 10.7 10.3 8.7

AR - Pulaski

Little RockNorth Little 

Rock-Conway, 

AR

051190007; 

051191004; 051191008 12.6 11.9 11.9 11.9 11.9 11.3 10.7

AR -

Sebastian

Fort Smith, AROK 051310008 11.5 11.4 11.1 11.5 11.9 12.3

AR - Union El Dorado, AR 051390006 11.8 11.2 10.9 11.1 11.4 10.7 9.8

AR -

Washington

FayettevilleSpringdaleRogers, AR-MO

051430005 10.6 10.4 10.7 11.0 10.8 10.2 9.2

AR - White Searcy, AR 051450001 11.2 10.7 10.7 11.3 11.7 11.8

IL - Adams Quincy, IL-MO 170010006; 170010007 10.7 10.2 9.3 9.7 10.2

IL -

Champaign

ChampaignUrbana, IL170190004; 

170191001; 170190006 11.7 11.5 10.6 10.4 9.9

IL - Cook

ChicagoNapervilleJoliet, IL-IN-WI

170310001; 

170310022; 

170310050; 

170310052; 

170310057; 

170310076; 

170311016; 

170312001; 

170313103; 

170313301; 

170314007; 

170314201; 170316005

13.5 13.5 12.7 12.7 12.7

IL - DuPage

ChicagoNapervilleJoliet, IL-IN-WI

170434002 12.6 11.6 10.9 10.7 10.8
33

State -

County CBSA Site(s)

Annual PM2.5 Design Value (μg/m3)

2008 2009 2010 2011 2012 2013 2014

IL - Hamilton Mount Vernon, 

IL 170650002 12.3 12.0 11.3 10.5 10.0 10.3 10.5

IL - Jersey St. Louis, MO-IL 170831001 11.6 11.1 10.4 10.5 10.0 10.1 10.1

IL - Kane

ChicagoNapervilleJoliet, IL-IN-WI

170890003; 170890007 12.2 11.4 10.6 10.5 10.6 10.7 10.7

IL - Lake

ChicagoNapervilleJoliet, IL-IN-WI

170971007 10.6 10.0 9.3 9.2 9.7

IL - LaSalle OttawaStreator, IL 170990007 11.4 11.1 10.4 10.2 9.5

IL - Macon Decatur, IL 171150013 12.7 12.3 11.7 11.6 11.2 10.8 10.4

IL - Madison St. Louis, MO-IL

171190024; 

171191007; 

171192009; 171193007

14.6 13.2 12.8 12.5 12.7 12.3 11.9

IL - McHenry

ChicagoNapervilleJoliet, IL-IN-WI

171110001 11.2 10.4 10.0 10.0 10.2 10.3 10.4

IL - McLean BloomingtonNormal, IL 171132003 11.5 11.1 10.5 10.5 10.2 9.6 9.0

IL - Peoria Peoria, IL 171430037 12.1 11.6 11.1 11.3 11.0 10.4 9.8

IL - Randolph 171570001 12.0 11.4 10.1 9.8 9.3 9.6 9.9

IL - Rock 

Island

DavenportMoline-Rock 

Island, IA-IL

171613002 11.2 10.6 9.7 9.8 10.2 10.0 9.7

IL - Sangamon Springfield, IL 171670012 11.9 11.5 11.0 10.9 10.6 10.7 10.7

IL - St. Clair St. Louis, MO-IL 171630010; 171634001 13.7 12.9 12.4 12.4 12.5 11.7 10.9

IL - Will

ChicagoNapervilleJoliet, IL-IN-WI

171971002; 171971011 11.8 11.4 10.5 10.3 10.5 10.1 9.7

IL -

Winnebago Rockford, IL 172010013 11.8 10.9 10.1 9.9 9.8 9.9 10.0

IA - Black 

Hawk

Waterloo-Cedar 

Falls, IA 190130008; 190130009 10.9 10.8 10.6 10.6 10.6 10.3 9.5

IA - Clinton Clinton, IA 190450019; 190450021 12.9 12.1 11.7 11.4 11.1 10.4 10.1

IA - Delaware 190550001 11.1 11.2 10.2 10.2 9.6 9.4 9.0

IA - Johnson Iowa City, IA 191032001 11.3 11.1 10.9 10.8 10.5 9.6 9.2

IA - Lee Fort MadisonKeokuk, IA-MO 191110008 12.1 11.4 11.1 11.1 11.4 11.0 10.8

IA - Linn Cedar Rapids, 

IA 191130037; 191130040 10.6 10.5 10.4 10.3 10.2 9.8 9.5

IA -

Montgomery 191370002 9.5 9.3 9.3 9.4 9.2 8.7 8.3

IA -

Muscatine Muscatine, IA

191390015; 

191390016; 

191390018; 191390020

12.9 11.8 12.2 12.1 11.7 11.0 10.3

IA - Palo Alto 191471002 9.0 9.0 8.8 9.0 8.8 8.6 8.2
34

State -

County CBSA Site(s)

Annual PM2.5 Design Value (μg/m3)

2008 2009 2010 2011 2012 2013 2014

IA - Polk

Des MoinesWest Des 

Moines, IA

191530030; 

191530059; 191532510 9.9 10.3 9.7 9.7 9.7 9.2 8.8

IA -

Pottawattami

e

Omaha-Council 

Bluffs, NE-IA 191550009 10.8 10.6 10.9 10.9 11.1 10.2 9.8

IA - Scott

DavenportMoline-Rock 

Island, IA-IL

191630015; 

191630018; 

191630019; 191630020

12.3 12.3 12.1 11.7 11.3 10.5 9.9

IA - Van 

Buren 191770006 10.0 9.6 9.3 9.6 9.6 9.0 8.4

IA -

Woodbury

Sioux City, IANE-SD 191930017; 191930019 10.3 9.7 9.9 9.7 9.9 9.4 9.1

KS - Johnson Kansas City, 

MO-KS 200910007; 200910010 9.6 9.2 8.9 8.8 8.4 7.9 7.6

KS - Linn Kansas City, 

MO-KS 201070002 10.1 9.7 9.3 9.4 9.1 8.8 8.3

KS - Sedgwick Wichita, KS 201730008; 

201730009; 201730010 9.4 9.5 9.0 9.0 9.0 9.1 9.1

KS - Shawnee Topeka, KS 201770013 9.9 10.0 9.2 9.2 9.2 9.0 8.5

KS - Sumner Wichita, KS 201910002 9.0 9.1 8.6 8.6 8.6 8.5 8.2

KS -

Wyandotte

Kansas City, 

MO-KS 202090021; 202090022 10.6 10.2 9.8 9.8 9.5 8.9 8.5

MO -

Buchanan

St. Joseph, MOKS 290210005 12.0 11.4 11.4 11.1 11.3 11.0 11.2

MO - Cass Kansas City, 

MO-KS 290370003 10.3 10.1 9.9 10.2 11.1 10.7 10.6

MO - Cedar 290390001 11.2 9.9 10.3 10.8 11.0 10.2 8.8

MO - Clay Kansas City, 

MO-KS 290470005 10.6 10.1 9.6 9.5 9.5 9.2 8.9

MO - Greene Springfield, MO 290770032 11.1 10.7 10.0 10.1 10.3 9.9 9.2

MO - Jackson Kansas City, 

MO-KS 290950034; 290950042 11.5 11.5 11.1 10.7 10.3 8.8 9.6

MO -

Jefferson St. Louis, MO-IL 290990012; 290990019 12.1 12.0 11.6 10.4 10.1 9.8 10.0

MO - St. Louis 

Co. St. Louis, MO-IL 291890015; 291892003; 291893001 12.1 11.9 11.8 11.3 10.9 10.9 10.9

MO - St. Louis 

City St. Louis, MO-IL

295100007; 

295100085; 

295100086; 

295100087; 

295100093; 295100094

13.5 13.0 12.5 12.2 12.0 10.4 10.4

NE - Douglas Omaha-Council 

Bluffs, NE-IA 310550019; 310550052 9.2 9.2 9.3 9.6 9.9 9.6 9.1

NE - Hall Grand Island, 

NE 310790004 7.8 7.7 7.4 7.1 7.3 7.4 7.2

NE -

Lancaster Lincoln, NE 311090022 8.1 8.1 8.4 8.5 8.7 8.4 8.2
35

State -

County CBSA Site(s)

Annual PM2.5 Design Value (μg/m3)

2008 2009 2010 2011 2012 2013 2014

NE - Sarpy Omaha-Council 

Bluffs, NE-IA 311530007 9.4 9.2 10.2 11.0 11.5 11.0 10.0

NE - Scotts 

Bluff Scottsbluff, NE 311570003; 311570004 6.5 5.7 5.5 4.8 5.2 5.2 5.3

NE -

Washington

Omaha-Council 

Bluffs, NE-IA 311770002 8.6 8.4 8.8 9.1 9.3 8.9 8.3

OK - Caddo 400159008 8.5 8.7 9.2 9.2 9.5 11.3

OK - Mayes 400970186; 400979014 11.4 11.6 11.0 9.4 8.9 6.9

OK -

Muskogee Muskogee, OK 401010169 11.6 11.5 10.8 10.9 11.2 11.7

OK -

Oklahoma

Oklahoma City, 

OK 401090035; 401091037 10.1 10.3 9.6 9.4 9.5 9.6 9.3

OK - Pittsburg McAlester, OK 401210415 11.1 11.0 10.3 10.1 10.3 10.3 9.8

OK -

Sequoyah

Fort Smith, AROK 401359015; 401359021 11.9 11.3 10.4 10.9 10.7 10.5 9.7

OK - Tulsa Tulsa, OK 401430110; 

401430174; 401431127 11.4 11.5 11.2 11.0 11.2 10.3 9.4

TX - Bexar San Antonio, TX 480290032; 480290059 8.9 9.1 9.0 9.3 9.0 8.8 8.5

TX - Bowie Texarkana, TXTexarkana, AR 480370004 12.3 11.3 11.2 11.1 11.1 10.6 10.2

TX - Brewster 480430101 5.9 5.5 5.3 5.2 5.3

TX - Cameron BrownsvilleHarlingen, TX 480612004 11.5 11.4 11.0 10.4 10.0 10.3 10.2

TX - Dallas

Dallas-Fort 

WorthArlington, TX

481130050; 

481130069; 481130087 10.9 10.6 10.1 10.2 10.1 10.4 10.2

TX - El Paso El Paso, TX 481410037; 

481410044; 481410053 12.6 11.9 10.9 11.2 11.1 10.6 9.7

TX - Ector Odessa, TX 481350003 8.3 8.1 7.5 7.0 7.0

TX - Ellis

Dallas-Fort 

WorthArlington, TX481390016 11.4 10.8 10.2 9.7 10.0 9.7 9.6

TX - Harris

Houston-Sugar 

Land-Baytown, 

TX

482010024; 

482010058; 

482011035; 482011039

12.8 12.4 11.9 11.0 11.0 10.7 10.5

TX - Harrison Marshall, TX 482030002 11.0 10.3 10.0 10.6 10.9 10.5 9.5

TX - Hidalgo

McAllenEdinburgMission, TX

482150043 10.9 10.9 10.5 10.5 10.3 10.5 10.2

TX - Jefferson Beaumont-Port 

Arthur, TX 482450021 11.3 11.0 10.5 10.3 10.3

TX - Lubbock Lubbock, TX 483030325 9.2 8.4 7.7 6.9 6.2

TX - Nueces Corpus Christi, 

TX 483550032; 483550034 10.4 10.1 9.8 9.9 9.9 10.2 9.7

TX - Potter Amarillo, TX 483750320 6.3 6.0 6.0 5.8 5.9

TX - Tarrant Dallas-Fort 

Worth484391002; 484391006 11.0 10.7 10.2 10.3 10.5 10.6 10.3
36

State -

County CBSA Site(s)

Annual PM2.5 Design Value (μg/m3)

2008 2009 2010 2011 2012 2013 2014

Arlington, TX

TX - Travis Austin-Round 

Rock, TX 484530020; 484530021 9.6 9.6 9.3 9.5 9.2 8.7 8.6

WI - Ashland 550030010 6.3 6.0 5.8 5.5 5.3 5.1 5.2

WI - Brown Green Bay, WI 550090005 11.9 11.4 11.0 10.4 9.6 8.8 8.5

WI - Dane Madison, WI 550250041; 550250047 12.6 12.4 11.4 10.8 9.8 9.6 9.3

WI - Dodge Beaver Dam, WI 550270001; 550270007 11.1 14.1 11.9 11.0 9.3 8.7 8.4

WI - Eau 

Claire Eau Claire, WI 550350014; 550350100 7.7 9.3 9.4 10.1 10.4 7.9

WI - Forest 550410007 7.1 6.7 6.6 6.0 5.6 5.1 5.2

WI - Grant Platteville, WI 550430009 12.3 12.2 11.5 10.7 10.0 9.5 8.7

WI - Kenosha

ChicagoNapervilleJoliet, IL-IN-WI

550590019 12.7 12.2 10.6 9.7 9.5 9.1 9.0

WI - La Crosse La Crosse, WIMN 550630012 12.1 11.4 10.5 9.6 9.0 8.5 8.2

WI -

Manitowoc Manitowoc, WI 550710007 10.7 10.4 9.7 9.3 9.2

WI -

Milwaukee

MilwaukeeWaukeshaWest Allis, WI

550790010; 

550790026; 

550790043; 

550790058; 

550790059; 550790099

13.9 12.9 12.0 11.3 10.6 9.9 9.7

WI -

Outagamie Appleton, WI 550870009 11.4 11.0 10.4 9.8 9.2 8.6 8.4

WI - Ozaukee

MilwaukeeWaukeshaWest Allis, WI

550890009 11.9 11.4 10.2 9.5 9.1 8.4 7.9

WI - Sauk Baraboo, WI 551110007 10.5 10.4 9.5 9.0 8.6 7.8 7.4

WI - St. Croix

Minneapolis-St. 

PaulBloomington, 

MN-WI

551091002 10.3 10.4 10.0 9.6 9.2

WI - Taylor 551198001 9.0 8.8 8.7 7.9 7.8 7.2 6.8

WI - Vilas 551250001 6.9 6.6 6.2 6.1 5.8 5.4 5.1

WI -

Waukesha

MilwaukeeWaukeshaWest Allis, WI

551330027 13.9 13.2 12.3 11.7 11.3 10.8 10.2
37

Appendix C. Kansas PM2.5 Emissions by SCC* Level 1 for Years 2002, 2005, 2008, and 

2011 (source: National Emissions Inventory)

Source Category / Level 1 Description 2002 PM2.5 2005 PM2.5 2008 PM2.5 2011 PM2.5

EVENT / Prescr. Burning/Wildfires 129,774 76,872 51,485 84,235

NONPOINT – Misc. Area Srcs. (Crops) 58,618 60,283 88,988 97,634

NONPOINT – Mobile Srcs. (Road Dust) 30,101 30,101 30,385 32,668

NONPOINT – Ind. Procs. (Constr./Oil & Gas) 7,163 7,162 5,249 5,876

POINT – Indust. Procs. 4,373 6,631 2,868 3,803

NONROAD – Off-Highway Equip. 5,179 4,586 3,792 3,310

NONPOINT – Sta. Src. Fuel Comb. (Res. Wood) 4,464 4,464 2,417 4,532

POINT – Elec. Gen. Boilers 5,765 5,518 1,749 1,753

ONROAD – Highway Vehicles 1,629 1,353 2,737 2,223

NONPOINT – Misc. Waste Disp./Open Burning 2,099 2,099 1,221 1,230

NONPOINT – Mobile Srcs. (RR Equip./CMV) 1,135 1,133 1,081 1,048

POINT – ICE (Indust./EGU) 642 627 460 561

NONPOINT – Sta. Src. Fuel Comb. (Other) 525 514 963 209

POINT – Petroleum and Solvent Evap. 102 250 128 164

POINT – Non-EGU Blrs./Space Htrs. 94 139 125 203

POINT – Mobile Srcs. (Aircraft) 72 72 33 99

NONPOINT – Solvent Utilization 109 55

* Source classification code — see list of point source SCCs at

http://www.kdheks.gov/emission/download/Source_Classification_Code.xls
38

Appendix D. Kansas NOx Emissions by SCC* Level 1 for Years 2002, 2005, 2008, and 2011 

(source: National Emissions Inventory)

Source Category / Level 1 Description 2002 NOx 2005 NOx 2008 NOx 2011 NOx

ONROAD - Highway Vehicles 85,616 68,176 79,574 62,255

POINT - Elec. Gen. Boilers 95,256 88,700 52,546 42,565

BIO / Biogenic Emissions 63,640 60,500 60,081 57,224

POINT - ICE (Indust./EGU) 55,921 53,313 39,273 40,168

NONROAD - Off-Highway Equip. 47,653 45,544 42,019 37,647

NONPOINT - Mobile Srcs. (RR Equip./CMV) 41,056 41,010 35,830 34,496

EVENT / Prescr. Burning/Wildfires 29,105 30,312 15,033 23,338

NONPOINT - Ind. Procs. (Constr./Oil & Gas) 7 22 2,269 57,053

POINT - Indust. Procs. 13,208 15,636 11,564 10,297

NONPOINT - Sta. Src. Fuel Comb. (Other) 12,457 12,219 14,288 8,186

NONPOINT - Misc. Area Srcs. (Crops) 5,571 5,909 2,065 5,885

POINT - Non-EGU Blrs./Space Htrs. 2,442 3,144 2,067 2,639

NONPOINT - Sta. Src. Fuel Comb. (Res. Wood) 424 424 269 470

NONPOINT - Misc. Waste Disp./Open Burning 384 384 377 239

POINT - Mobile Srcs. (Aircraft) 91 91 420 248

POINT - Petroleum and Solvent Evap. 62 75 44 57

POINT - Waste Disposal 20 45 43 33

NONPOINT - Misc. Area Srcs. (Livestock & Other) 12 21 10

* Source classification code — see list of point source SCCs at

http://www.kdheks.gov/emission/download/Source_Classification_Code.xls
39

Appendix E. Kansas SO2 Emissions by SCC* Level 1 for Years 2002, 2005, 2008, and 2011 

(source: National Emissions Inventory)

Source Category / Level 1 Description 2002 SO2 2005 SO2 2008 SO2 2011 SO2

POINT - Elec. Gen. Boilers 129,794 136,463 95,904 39,382

NONPOINT - Sta. Src. Fuel Comb. (Other) 25,156 25,149 6,727 82

EVENT / Prescr. Burning/Wildfires 10,952 13,165 6,364 10,069

POINT - Indust. Procs. 9,108 11,928 5,836 6,167

NONROAD - Off-Highway Equip. 4,858 5,186 817 88

NONPOINT - Mobile Srcs. (RR Equip./CMV) 2,884 2,850 373 350

ONROAD - Highway Vehicles 2,893 1,824 718 313

NONPOINT - Misc. Area Srcs. (Crops) 732 777 330 2,287

POINT - Non-EGU Blrs./Space Htrs. 1,108 1,057 314 177

POINT - MACT Src. Categories 1,043 1,033

NONPOINT - Ind. Procs. (Constr./Oil & Gas) 113 95 346 181

POINT - ICE (Indust./EGU) 80 182 56 92

NONPOINT - Sta. Src. Fuel Comb. (Res. Wood) 65 49 82

NONPOINT - Misc. Waste Disp./Open Burning 52 52 31 30

POINT - Mobile Srcs. (Aircraft) 11 11 58 36

POINT - Waste Disposal 2 15 30 6

* Source classification code — see list of point source SCCs at

http://www.kdheks.gov/emission/download/Source_Classification_Code.xls
Section D
Public Participation Documents

 Public Hearing and Comment Request Notice

 Kansas Register & KDHE District Offices

(Lawrence, Salina, Wichita, Chanute, Hays, Dodge City)

 Newspaper Publications/Affidavits

(Lawrence, Salina, Wichita, Chanute, Hays, Dodge City)

 KDHE Website Announcements 

(Public Hearing and Comment Request)

 Public Hearing Notice Letters (e-mail)

 Public Hearing Record/Responsiveness Summary

 (KDHE Website Public Hearing Cancellation)
Kansas Register

Kris W. Kobach, Secretary of State

Vol. 34, No. 41 October 8, 2015 Pages 1085-1108

In this issue . . . Page

Legislative interim committee schedule............................................................................................... 1086

Kansas Children’s Cabinet and Trust Fund

Notice of meeting......................................................................................................................... 1087

Historic Sites Board of Review

Notice of meeting......................................................................................................................... 1087

Kansas Public Employees Retirement System

Request for proposals for group life insurance benefit plans ................................................................. 1087

The University of Kansas Hospital

Request for proposals for patient financing outsourcing....................................................................... 1087

Kansas Board of Regents Universities

Notice to bidders.......................................................................................................................... 1088

City of Augusta

Request for bids for train depot restoration (re-bid)............................................................................. 1088

Department of Administration—Procurement and Contracts

Notice to bidders for state purchases................................................................................................ 1088

Kansas Department of Transportation

Request for applications for FTA programs ....................................................................................... 1089

North Central Regional Planning Commission

Notices to bidders ........................................................................................................................ 1090

Department of Revenue

Notice of available publications....................................................................................................... 1090

Kansas State University-Salina

Notice of aircraft for sale ............................................................................................................... 1090

Department of Health and Environment

Notice of hearing on proposed State Implementation Plan revision ........................................................ 1090

Request for comments on proposed air quality permits ....................................................................... 1091

Notice concerning water pollution control permits/applications............................................................. 1092

Notice of Bond Sale

City of Andover........................................................................................................................... 1093

U.S.D. 443, Ford County (Dodge City).............................................................................................. 1094

Sedgwick County ......................................................................................................................... 1095

City of Bel Aire ............................................................................................................................ 1096

Department of Administration—Office of the Chief Financial Officer

Public notice................................................................................................................................ 1097

Department of Administration

Notice of hearing on proposed administrative regulations.................................................................... 1097

Annual statement of ownership, management and circulation ................................................................ 1099

Pooled Money Investment Board

Notice of investment rates.............................................................................................................. 1099

Kansas Insurance Department

Notice of changes in pharmacy networks .......................................................................................... 1099

Permanent Administrative Regulations

State Corporation Commission........................................................................................................ 1100

Office of the Governor

Executive Order 15-06, designating the KANSASWORKS State Board

as the State Workforce Development Board ................................................................................... 1101

Index to administrative regulations .................................................................................................... 1103
Kansas Secretary of State 2015 Vol. 34, No. 41, October 8, 2015

1086 Interim Agenda Kansas Register

State of Kansas

Legislature

Interim Committee Schedule

The Legislative Research Department gives notice that the following legislative committees plan to meet on the dates

listed below based on current information and subject to change. Requests for accommodation to participate in committee meetings should be made at least two working days in advance of the meeting by contacting Legislative Administrative Services at 785-296-2391 or TTY 711, or email legserv@las.ks.gov.

Date Room Time Committee Agenda

Oct. 20 159-S TBA Joint Committee on

Building Construction

Agenda not available.

Oct. 21 159-S TBA Joint Committee on

Building Construction

Agenda not available.

Oct. 21 548-S TBA Joint Committee on Health

Care Stabilization Fund

Oversight

Agenda not available.

Oct. 23 112-N 9:00 a.m. K-12 Student Success

Interim Study Committee

Agenda not available.

Tom Day

Director of Legislative

Administrative Services

Doc. No. 043966

The Kansas Register (USPS 0662-190) is an official publication of the state of Kansas, published by authority of K.S.A. 75-430. The

Kansas Register is published weekly and a cumulative index is published annually by the Kansas Secretary of State. One-year

subscriptions are $80 (Kansas residents must include applicable state and local sales tax). Single copies, if available, may be

purchased for $2. Periodicals postage paid at Topeka, Kansas. POSTMASTER: Send change of address form to Kansas Register,

Secretary of State, 1st Floor, Memorial Hall, 120 S.W. 10th Ave., Topeka, KS 66612-1594.

Kansas Secretary of State 2015. Reproduction of the publication in its entirety or for commercial purposes is prohibited without

prior permission. Official enactments of the Kansas Legislature and proposed and adopted administrative regulations of state

agencies may be reproduced in any form without permission.

Hard copy subscription information and current and back issues of the Kansas Register (PDF format) can be found at the following

link: http://www.sos.ks.gov/pubs/pubs_kansas_register.asp

Published by

Kris W. Kobach

Secretary of State

1st Floor, Memorial Hall

120 S.W. 10th Ave.

Topeka, KS 66612-1594

785-296-4564

www.sos.ks.gov

Register Office:

1st Floor, Memorial Hall

785-296-3489

Fax 785-296-8577

kansasregister@sos.ks.gov
Kansas Secretary of State 2015 Vol. 34, No. 41, October 8, 2015

1090 Notices/Hearing Kansas Register

(Published in the Kansas Register October 8, 2015.)

North Central Regional

Planning Commission

Notice to Bidders

Bids for a stop movement trailer will be accepted by

the North Central Regional Planning Commission, 109 N.

Mill St., Beloit, KS 67420, until 4 p.m. Thursday, October

22, 2015, at which time they will be publicly opened and

read aloud at the same address. Copies of the Request for

Proposals and project specifications can be accessed by

going to http://procurement.ncrpc.org/HS/projects.html

or by contacting the NCRPC at 785-738-2218 or lcpeters@

nckcn.com. This action is being taken on behalf of the

Southwest Kansas Regional Homeland Security Council.

The estimated project value exceeds $25,000.

Lisa Peters

Homeland Security Clerk

Doc. No. 043959

State of Kansas

Department of Revenue

Notice of Available Publications

Listed below are all the Private Letter Rulings, Opinion

Letters, Final Written Determinations, Revenue Rulings,

Memorandums, Property Valuation Division Directives,

Q&A’s, Information Guides and Notices published by the

Department of Revenue for September 2015. Copies can

be obtained by accessing the Policy Information Library

located on the Internet at www.ksrevenue.org or by calling the Office of Policy and Research at 785-296-3081.

Private Letter Rulings

P-2015-003 Interface Data Exchange-access records or data

Opinion Letters

O-2015-001 Internet Tax Freedom Act

Final Written Determinations

No new publications

Revenue Rulings

No new publications

Notices

No new publications

Memorandums

No new publications

Property Valuation Division Directives

No new publications

Q&A’s

No new publications

Information Guides

No new publications

Nick Jordan

Secretary of Revenue

Doc. No. 043968

(Published in the Kansas Register October 8, 2015.)

North Central Regional

Planning Commission

Notice to Bidders

Bids for tactical equipment will be accepted by the

North Central Regional Planning Commission, 109 N.

Mill St., Beloit, KS 67420, until 4 p.m. Thursday, October

22, 2015, at which time they will be publicly opened and

read aloud at the same address. Copies of the Request for

Bid and project specifications can be accessed by going to

http://procurement.ncrpc.org/HS/projects.html or by contacting the NCRPC at 785-738-2218 or lcpeters@

nckcn.com. This action is being taken on behalf of the

Northeast Kansas Regional Homeland Security Council.

The estimated project value exceeds $25,000.

Lisa Peters

Homeland Security Clerk

Doc. No. 043961

State of Kansas

Kansas State University-Salina

Notice of Aircraft for Sale

Kansas State University at Salina is offering for sale the

following aircraft:

• Schleicher ASK-21 Glider, N804KS, SN 21235, Airframe TT 3039.9 with Cobra trailer; $35,000 OBO

• Schweizer SGM2-37, Motorglider, SN 5, Airframe TT

4438.63, Engine TSMOH 47.0, Prop TSO 1141.3, annual due 1/2016, $90,000 OBO

For more information contact Mark Lundquist, senior

maintenance manager, at 785-826-2689 or mlund@ksu.edu.

Mark Lundquist

Senior Maintenance Manager

Doc. No. 043975

State of Kansas

Department of Health

and Environment

Notice of Hearing

The Kansas Department of Health and Environment

proposes revisions to the State of Kansas Plan for Implementation, Maintenance and Enforcement of the 2012 Annual Fine Particulate Matter (PM2.5) National Ambient Air

Quality Standards (NAAQS). This State Implementation

Plan (SIP) update, posted for public review on the KDHE

website at http://www.kdheks.gov/bar/planning/pnplanning.html, is proposed in accordance with 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 a plan demonstrating the implementation, maintenance and enforcement of the NAAQS

to the United States Environmental Protection Agency.

Any member of the public may request a public hearing and submit comments regarding this public action

by contacting Pat Gibbs at 785-291-3278, pgibbs@

kdheks.gov, or fax 785-296-7455. If requested, the KDHE
Vol. 34, No. 41, October 8, 2015 Kansas Secretary of State 2015

Hearing/Request for Comments 1091 Kansas Register

Bureau of Air will conduct a public hearing at 10 a.m.

Tuesday, November 10, in the Curtis State Office Building, Flint Hills Conference Room, third floor, 1000 S.W.

Jackson, Topeka, to consider Kansas’ 2012 Annual PM2.5

NAAQS SIP Revisions. If no request for hearing is received by noon November 6, the scheduled hearing will

be cancelled with an announcement on the KDHE Bureau

of Air website as cited above.

The proposed SIP revision does not include any rulemaking action. 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 Department of Health and

Environment, 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 Department of Environmental Health,

1900 E. 9th St., Wichita

• KDHE Southwest District Office, 302 W. McArtor

Road, Dodge City

Comments from the interested public may be faxed to

785-296-7455; mailed to KDHE, Bureau of Air, Attn: Pat

Gibbs, 1000 S.W. Jackson, 3rd Floor, Topeka, 66612; or

emailed to pgibbs@kdheks.gov, and must be received not

later than November 10.

Any individual with a disability may request accommodation in order to participate in the public hearing and

may request the proposed plan in an accessible format.

Requests for accommodation should be submitted to Pat

Gibbs at least one week prior to the hearing.

Susan Mosier, M.D.

Secretary of Health

and Environment

Doc. No. 043964

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 renewal and amendment to previously issued construction permit. Crestwood, Inc. has applied for

a Class I operating permit renewal in accordance with the

provisions of K.A.R. 28-19-510 et al. The purpose of a

Class I permit is to identify the sources and types of regulated air pollutants emitted from the facility; the emission limitations, standards and requirements applicable

to each source; and the monitoring, record keeping and

reporting requirements applicable to each source as of the

effective date of permit issuance. Notice also is given that

certain requirements in the construction permit dated

June 1, 2001, are being modified by a modification of permit/approval conditions.

Crestwood, Inc. owns and operates a wood kitchen

cabinet and vanity manufacturing facility located at 601

E. Water Well Road, Salina, KS 67401.

A copy of the proposed permit, permit application, all

supporting documentation, all information relied upon

during the permit application review process and a copy

of the modification of approval conditions are available

for public review during normal business hours at the

KDHE, Bureau of Air, 1000 S.W. Jackson, Suite 310, Topeka. Also, a copy of only the proposed permit can be

reviewed at the KDHE North Central District Office, 2501

Market Place, Suite D, Salina. To obtain or review either

document contact Rasha Allen, 785-296-1581, at the

KDHE central office, and to review only the proposed

permit contact Stan Marshall, 785-827-9639, at the KDHE

North Central District Office. The standard departmental

cost will be assessed for any copies requested.

Written comments or questions regarding the documents may be directed to Rasha Allen, KDHE, Bureau of

Air, 1000 S.W. Jackson, Suite 310, Topeka, 66612-1366. In

order to be considered in formulating final document decisions, written comments must be received not later than

noon November 9, 2015.

A person may request a public hearing be held on the

proposed documents. 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 Rasha Allen,

KDHE, Bureau of Air, not later than noon November 9,

2015, in order for the secretary of health and environment

to consider the request.

The U.S. Environmental Protection Agency has a 45-

day review period, which will start concurrently with the

public comment period, within which to object to the proposed permit. If the EPA has not objected in writing to

the issuance of the permit within the 45-day review period, any person may petition the administrator of the

EPA to review the permit. The 60-day public petition period will directly follow the EPA’s 45-day review period.

Interested parties may contact KDHE to determine if the

EPA’s 45-day review period has been waived.

Any such petition shall be based only on objections to

the permit that were raised with reasonable specificity

during the public comment period provided for in this

notice, unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or

unless the grounds for such objection arose after such period. Contact Ward Burns, U.S. EPA, Region 7, Air Permitting and Compliance Branch, 11201 Renner Blvd., Lenexa, KS 66219, 913-551-7960, to determine when the

45-day EPA review period ends and the 60-day petition

period commences.

Susan Mosier, M.D.

Secretary of Health

and Environment

Doc. No. 043958







From: Pat Gibbs

To: "Jay.Michael@epa.gov"; Kemp, Lachala

Cc: John Mitchell; Rick Brunetti; Tom Gross; Victoria O"Brien; Julie Coleman; Pat A Simpson; Jennifer Nichols; Stan

A. Marshall; Erich Glave; Ethel Evans; Larissa Parker; Doug Cole; Allison Herring; Dan Wells; Melissa

McDonald; Kate Gleeson; Zac Graves

Subject: Notice of Public Hearing and Comment Request for proposed Kansas Infrastructure SIP for the 2012 Annual

PM2.5 NAAQS

Date: Wednesday, October 07, 2015 10:48:00 AM

Attachments: Signed PN Ltr for Contact Distribution.pdf

KDHE_Website_PN_2012_PM2.5_i-SIP.pdf

2012_PM2.5_NAAQS_i-SIP_Draft_Proposal_for_PN+EPA.pdf

Please find the attached Notice of Public Hearing document with Kansas’ proposed 2012 Annual

PM2.5 NAAQS Infrastructure SIP for your review. The Public Notice and comment period will be

published Thursday, 10-8-15, in the Kansas Register; the Chanute, Hays, Dodge City, Salina, Topeka

and Wichita newspapers; and on the KDHE Website. We request and appreciate the KDHE District

Offices and others of you who also post the Public Notice in each of your locations for public access.

A public hearing is tentatively scheduled for Tuesday, November 10, 2015 at 10 AM -- IF requested.

Cancellation of the public hearing will be posted on the KDHE website if no request is received by

Friday, November 6, 2015. Comments are encouraged and accepted until 5 PM, November 10,

2015.

Please contact us for any further information needed and thanks for your cooperation.

Pat Gibbs

Air Planning and Regulations

Kansas Department of Health and Environment

1000 SW Jackson, Suite 310

Topeka, KS 66612

(785) 291-3278

Pgibbs@kdheks.gov
(Posted Oct. 8, 2015)
PUBLIC HEARING CANCELLED (for Nov. 10, 2015)

NO REQUEST FOR PUBLIC HEARING OR COMMENTS RECEIVED

Kansas Air Quality State Implementation Plan Revision

2012 Primary Annual Fine Particulate Matter (PM2.5) NAAQS

PUBLIC HEARING RECORD

November 10, 2015

In accordance with Section 110(a)(1) and 110(a)(2) of the Federal Clean Air Act, the Kansas 

Department of Health and Environment (KDHE) is submitting to EPA Region 7 a proposed revision

to the Kansas State Air Quality Implementation Plan (SIP) for 2012 Primary Annual PM2.5 National 

Ambient Air Quality Standards (NAAQS). The proposed SIP revisions were public noticed on 

October 8, 2015 in the Kansas Register (Vol. 34, No 41, 1090-1091), the Topeka, Wichita, Salina, 

Chanute, Hays and Dodge City newspapers; at the six KDHE District Offices; and on the KDHE

website at http://www.kdheks.gov/bar/planning/pnplanning/html.

No requests for public hearing were received within the required 30-day period so the hearing

scheduled for November 10, 2015 was cancelled by announcement on the KDHE website.

The public notice and cancellation announcement are included as Attachment A to this record.

Responsiveness Summary

KDHE received no comments from the general public, the EPA Region 7 Office, local air quality 

agencies or other interested parties.

 
Attachment A

(Public Hearing Record)
Section E
Technical Support

Kansas Air Quality State Implementation Plan for the 

Implementation, Maintenance, and Enforcement 

of the 2012 Primary Annual PM2.5

National Ambient Air Quality Standard

Response to Elements of 40 C.F.R. Part 51, Appendix V, Criteria for

Determining the Completeness of Plan Submissions, Section 2.2

1. Identification of all regulated pollutants affected by the plan. [40 C.F.R. Part 51, 

Appendix V, Section 2.2(a)]

Fine Particulate Matter (PM2.5) is the regulated pollutant affected by the plan.

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)]

The Kansas Air Quality State Implementation Plan Revision for the Implementation, 

Maintenance, and Enforcement of the 2012 Primary Annual PM2.5 NAAQS affects the entire 

state of Kansas. 

Because there are no existing PM2.5 monitors that violate the revised standard, Kansas submitted 

a letter to EPA in July 2014, recommending that each of the 105 counties in Kansas be 

designated as “unclassifiable/attainment” with respect to the PM2.5 standards revised in 2012.

The EPA Region 7 Administrator responded to KDHE via letter of approval in November 2014, 

confirming that all Kansas counties meet “unclassifiable/attainment” status with the 2012 

Primary Annual PM2.5 NAAQS. 

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 that the infrastructure elements exist 

and are in place for Kansas to implement, maintain, and enforce the 2012 PM2.5 air quality 

standard. This plan submittal was developed to meet the “Criteria for Determining the 

Completeness of Plan Submissions” as codified in 40 C.F.R. Part 51, Appendix V.

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)]

These elements are incorporated into the infrastructure plan.

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 program 

remains 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 revision is consistent with these policies and requirements and will 

continue to be protective of the NAAQS.