Kansas Air Quality

Revision to the State Implementation Plan

To Modify 2017, 2018, and 2019 Nitrogen Oxide (NOX) 

Allocations for Kansas Utilities under the 

Cross-State Air Pollution Rule (CSAPR)

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

Department of Health and Environment

Division of Environment

Bureau of Air

(785) 296-6024

December 2015
 Contents

Background and Kansas Department of Health and Environment Actions

Appendices:

A. K.A.R. 28-19-274 Report of the Hearing Officer and Responsiveness Summary

B. K.A.R. 28-19-274 Secretary’s Adoption, Filing and Final Publication

C. Comment Letter – Environmental Protection Agency

D. Public Hearing Notice for SIP

E. Cancellation of Public Hearing for SIP

F. State of Kansas Authorizing Statutes
Background and Kansas Department of Health and Environment Actions

In December 2011, prior to the implementation of Cross-State Air Pollution Rule 

(CSAPR), the D.C. Circuit Court stayed the implementation of CSAPR pending the outcome of 

litigation that had been filed against the EPA. August 2012, the D.C. Circuit Court issued a 

decision vacating CSAPR and directed EPA to continue to implement CAIR until they could 

implement a new replacement rule that addresses the Court’s concerns. EPA appealed the D.C. 

Circuit Court’s decision to the U.S. Supreme Court and in April 2014, the U.S. Supreme Court 

reversed the D.C. Circuit Court’s decision that vacated the CSAPR. EPA filed a motion to the 

D.C. Circuit Court in June 2014 to lift the stay of the CSAPR and delay all compliance dates in 

the rule by three (3) years, which would require that phase I of CSAPR would begin in January 

2015. In October 2014, the D.C. Circuit court granted EPA’s motion to lift the stay of the 

CSAPR, and on December 3, 2014 the EPA promulgated an interim final rule (79 FR 71663) that 

extends the compliance dates of the CSAPR by three (3) years and clarifies that the rule which 

went into effect in 2015.

The CSAPR established four (4) separate federal emission trading programs for states 

located in the eastern half of the country. For the purpose of this SIP, only the TR NOx Annual 

Trading Program will be addressed. States that were found to be significantly contributing to a 

1997 and/or 2006 PM2.5 NAAQS nonattainment area or interfere with maintenance of these 

PM2.5 NAAQS in a downwind state are included in one of the TR SO2 Trading Programs, along 

with the TR Annual NOx Trading Program. 

EPA implemented CSAPR through a FIP beginning January 1, 2015 (79 FR 71663). 

Through the CSAPR, every state included in the rule has a statewide emission budget for each 

trading program in which it is included. These statewide budgets consist of a certain amount of 

allowances that are distributed to the CSAPR-affected units in that state. Each allowance permits 

a unit to emit one ton of the respective air pollutant for which the allowance is granted. 

Allowances may be used to cover emissions from a particular unit, they may be banked for use in 

a future year, or they can be traded or sold to other affected units included in the respective 

trading program. 

EPA’s method of setting statewide emission budgets through the CSAPR included the 

use of the future year modeling. EPA took into account all known or planned controls that would 

be operational on all affected units included in the CSAPR by January 1, 2012. EPA also took 

into account all cost-effective controls that could be installed to control emissions at CSAPRaffected units. The modeling was performed using these inputs, and the emissions computed by 

the model at each unit were summed for each state included in the rule to develop the statewide 

emission budget. These statewide budgets cannot be increased by states through a SIP.

After calculating the statewide budgets, EPA allocated the allowances to individual units 

in each state. Under the FIP, the statewide budgets for each trading program are divided into two 

different budget pools, the existing unit budget and the new unit set-aside (NUSA). Existing 

units are defined as those in operation on or before January 1, 2010. The NUSA was established 

as a percent of the statewide budget, to cover emissions from units that commenced commercial 

operation after January 1, 2010. The allowances that remain in the statewide budget after the 
NUSA is subtracted make up the existing unit budget. Once these two budget pools were 

established, EPA allocated allowances to individual existing CSAPR-affected units (units that 

commenced operation prior to January 1, 2010) using a method that took into account both 

historical heat input and historical emissions at each unit.

These individual existing unit level allocations established through the FIP could not be 

changed by states through a SIP for the 2015 control periods. However, for the 2016 control 

period, states were allowed to submit SIPs to alter the individual unit level allocations under the 

FIP from the existing unit budget. The unit level allocations in the NUSA also could not be 

changed by states through a SIP for the 2016 control periods. For the 2017 and beyond control 

periods, states were granted the ability to submit SIPs to alter the individual unit level allocations

under the FIP from both the existing unit budget and the NUSA. 

As provided in CSAPR, the Kansas Department of Health and Environment (KDHE) 

notified EPA that the State of Kansas intended to submit to EPA a SIP revision by April 2, 2012 

that allocates, to units that commenced commercial operation before January 1, 2010, allowances 

for 2013 in the TR NOx Annual Trading Program, the TR NOx Ozone Season Trading Program

(if finalized for Kansas), and the TR SO2 Group 2 Trading Program under CSAPR. 

KDHE exercised the option in CSAPR to reallocate allocations for the 2016 control 

period which was submitted to the EPA on March 2015. The March 2015 State Implementation 

Plan Revision to Modify 2016 Nitrogen Oxide (NOX) Allocations for Kansas Utilities under the 

Cross-State Air Pollution Rule (CSAPR) redistributed Kansas’ budgeted source allocations in 

2016 identical to the 2020 budgeted distribution of allocations assigned by the EPA in the 

December 2, 2014 interim final rule, “Rulemaking To Amend Dates in the Federal 

Implementation Plans Addressing Interstate Transport of Ozone and Fine Particulate Matter.” 

(70 FR 71663) 

For the 2017-2019 CSAPR control periods, KDHE developed K.A.R. 28-19-274 

(effective November 6, 2015) to redistribute Kansas’ TR NOx Annual Trading Program budgeted 

allocation of NOx allowances. This new regulation also reallocates the 2,172 annual NOx tons 

which would otherwise be surrendered by Westar Energy’s three units at Jeffrey Energy Center 

and 596 NUSAs allowances granted by the EPA. Additionally, the new regulation provides for

the allocation of additional annual NOx Indian Country NUSAs after the EPA completes their

allocation process. The new regulation is included in this SIP submittal as are the allocation

tables incorporated by reference with the regulation for each respective control period (2017, 

2018, and 2019). 
Appendix A
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STATE OF KANSAS 

BEFORE THE KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT 

In the Matter of the Proposed Adoption of Permanent Kansas Administrative Regulation 

K.A.R. 28-19-274 

REPORT OF THE HEARING OFFICER 

This matter comes before Julie Coleman, hearing officer appointed by the Secretary of 

the Kansas Department of Health and Environment (KDHE) to receive the comments of the 

public regarding the adoption of proposed permanent administrative regulations. 

INTRODUCTION 

Pursuant to K.S.A. 2015 Supp. 77-421, notice of the public comment period and public 

hearing was published in the Kansas Register on July 30, 2015. A copy of the public notice is 

included in this report as Attachment 1. The public hearing was conducted at 10:00 a.m. on 

Wednesday, October 7, 2015 in the Flint Hills Conference Room of the Curtis State Office 

Building, 1000 SW Jackson, Topeka. This regulation is promulgated under the authority of 

K.S.A. 2015 Supp. 65-3005. The purpose of this regulation is to redistribute nitrogen oxide 

allowances in Kansas for the 2017 - 2019 control period under the Transport Rule of the federal 

Cross State Air Pollution Rule. 

A list of those persons present at the public hearing, as recorded on the sign-in sheet, is 

included in this report as Attachment 2. 

SUMMARY OF THE RECORD 

Public Comment Received 

During the public comment period preceding the hearing, which began with publication 

of the notice of hearing in the Kansas Register, KDHE received one written comment letter from 

Raney Gilliland, Director, Kansas Legislative Research Department, dated August 19, 2015 on 

behalf of the Joint Committee on Administrative Rules and Regulations; and one electronic mail 

comment from Lachala Kemp, United States Environmental Protection Agency, dated October 5, 

2015. 

No person from the public attended the hearing or submitted written comments. 

After the hearing, no public comment was received during the remainder of the comment 

period, which concluded at 5:00 p.m. on the day of the hearing. 

Copies of all public comment received are included in this report as Attachment 3. 
POST-HEARING ACTIVITIES 

Following the close of the public comment period, all comments received were fully 

considered and where appropriate, additional changes in were made. The agency's response to 

the public comments, including any additional regulation changes proposed in response to the 

comments, is detailed in the agency's responsiveness summary that lists all comment that KDHE 

received during the public comment period. The agency determined that post hearing changes in 

the regulation were needed to address comment received during the public comment period. The 

responsiveness summary is included in this report as Attachment 4. 

RECOMMENDATIONS 

On the basis of the administrative record developed in this matter, the hearing officer 

finds and concludes that KDHE has met the public participation requirements for adopting the 

proposed, new regulation. 

FINDINGS OF FACT 

I. K.S.A. 2015 Supp. 65-3005 authorizes the Secretary of the Kansas Department of Health

and Environment to adopt and amend administrative rules and regulations related to air

quality.

2. Pursuant to this authority, the Secretary promulgated the Nitrogen Oxides Allocation

regulation at issue, made a statement of the environmental benefit and economic impact

of the proposed regulation and published notice of the public comment period and

hearing in the Kansas Register on July 30, 2015.

3. The public comment period that was established for receiving comments on the adoption

of the proposed regulation was concluded on October 7, 2015 and the public hearing was

held on October 7, 2015.

4. Comments related to the adoption of the proposed regulation were received and all

comments have been fully considered. Changes in the proposed regulations were needed

to address these comments and are detailed in the agency's responsiveness summary.

CONCLUSIONS 

The hearing officer concludes that the Secretary of the Kansas Department of Health and 

Environment has the authority to promulgate the proposed regulation under K.S.A. 2015 Supp. 

65-3005 and has met the requirements established under K.S.A. 2015 Supp. 77-415 et seq. for

adopting regulations and filing regulations with the Kansas Secretary of State.

Dated this 23rd day of October, 2015. 

Ms. Julie Coleman 

[Printed Name] 

Hearing Officer 













Responsiveness Summary

Public Hearing for the K.A.R. 28-19-274 to Modify 2017, 2018, and 2019 Nitrogen Oxide (NOX) 

Allocations for Kansas Utilities under the Cross-State Air Pollution Rule (CSAPR)

Notice of public hearing for proposed regulation K.A.R. 28-19-274 with required sixty-day comment 

period was published in the Kansas Register on July 30, 2015. (Vol. 34, No. 31, July 30, 2015, 833). The 

announcement was also posted on the KDHE website (http://www.kdheks.gov/bar/regs/28-19-274-RIS2017-2019-Allocations.pdf). 

The Environmental Protection Agency (EPA) provided the only comments on the proposed regulation 

(see Appendix C. EPA’s comments and KDHE’s responses are as follows:

EPA comment:

The draft SIP revision includes new definitions for terms that address the same concepts 

asterms already defined in the CSAPR regulations. The CSAPR regulations at 40 C.F.R. 

§52.38(a)(4) do not allow a state's SIP to make any substantive changes to any CSAPR 

definition. If KDHE wants to include definitions in its SIP revision, the definitions should 

mirror the CSAPR definitions in 40C.F.R. § 97.402.

KDHE’s response:

KDHE concurs with EPA. The definitions text now incorporates these definitions reference:

“(a)( l ) For purposes of this regulation, the terms "allocate," "allocation," "TR NOx annual 

allowance," "TR NOx annual trading program," and "TR NOx annual unit" shall have the

meanings specified in 40 C.F.R. 97.402, as in effect on October 7, 2011. These definitions are 

hereby adopted by reference.”

EPA comment:

EPA recommends simply referencing the CSAPR definitions in 40 C.F.R. §97.402.

EPA understands that the intent of the draft SIP revision along with the document titled "TR

NOx Annual Allowance Allocations for 2017, 2018, and 2019", dated July 17, 2015, is to replace 

sections 40 C.F.R.§97.411(a) and (b)(l) and 97.412(a) of CSAPR, as provided under 40 C.F.R. 

§52.38(a)(4), in order for the State to allocate TR NOx Annual allowances for the control

periods of 2017, 2018, and2019. EPA understands that since KDHE intends to allocate the TR

NOx Annual allowances that wereset aside for any new units located in the State to the

existing units listed in the department's July 17,2015, document, the State will not have a new

unit set aside account for the years control periods of 2017, 2018, and 2019. Without a new

unit set aside, it is necessary for KDHE to provide a method bywhich EPA can allocate any

unallocated TR NOx Annual allowances that may remain in the Indian country new unit setaside for Kansas after EPA completes the procedures under 40 C.F.R.§97.412(b)(9) and (12) for 

a control period1

.

The allocating of TR NOx Annual allowances set aside for new units located in Indian country

 1 Under the CSAPR FIP, EPA would place any unallocated TR NOx Annual allowances that had been set aside for new units

located in Indian country into the new unit set-aside. Any new unit set-aside allowances left unallocated would eventually be 

distributed to the existing units within that State.
is administered by EPA through the CSAPR FIP, and although EPA understands that it is

KDHE's intent through this SIP revision to simply provide a methodology to EPA for 

redistributing any number of remaining TR NOx Annual allowances, once EPA has completed

the procedures under 40 C.F.R.§97.412(b)(9) and (12), the proposed State approach provides 

an allocation of the specific number of 31 TR NOx Annual allowances rather than a

methodology that EPA can follow in the event that the number of the remaining allowances 

is less than 31.

EPA is providing the following example of a possible allocation methodology in order to

clarify KDHE's intent regarding allocation of allowances remaining in the Indian country new 

unit set-aside after EPA completes the procedures under 97.412(b)(9) and (12) for a 

control period. For example:

"If, after completion by EPA of the procedures under 40 C.F.R. 97.412(b)(9) and (12) 

for a control period in 2017, 2018, or 2019, any unallocated TR NOx Annual 

allowances remainin the Indian Country new unit set aside for Kansas for such control 

period, EPA shall allocate those allowances asfollows:

If the number of unallocated allowances remaining in the Indian country new unit 

set-aside is 31 tons, EPA will allocate the unallocated TR NOx Annual allowances to 

the unitsidentified in the department's document titled "Indian Country TR NOx 

Annual Allowance Allocations for 2017, 2018, and 2019", which is hereby adopted by 

reference, and will be submitted to EPA in a format prescribed by EPA. If the number 

of unallocated allowances remaining in the Indian country new unit set aside is less 

than 31 tons, then the department willdetermine the allocations of the unallocated 

allowances as follows. The department will list all unitsin the department's document 

titled "Indian Country TR NOx Annual Allowance Allocations for 2017, 2018, and 2019" 

in descending order of the number of allowances shown in that document as allocated to 

each unit for the control period in that year, with units whose allocations as shown in

that document are the same listed in ascending order of"ReceiveAcct" and "Unitld" as 

shown in that document. The department will then revise downward by one allowance

the allocation for each unit on the list sequentially, starting withthe first unit on the

list, until the total of the revised allocations equals the total number ofallowances

remaining in the Indian country new unit set-aside. The Department will submitto EPA

a document with the revised allocations, in a format prescribed by EPA, indicatingthe

resulting allocations of unallocated allowances from the Indian country new unit setaside.

KDHE’s response:

KDHE concurs with EPA. KDHE staff revised the regulation in a manner that addresses 

EPA’s request for a methodology should the Indian country NUSAs deviate from the 

anticipated 31 annual allowances. The regulation text was modified to the following:

(d) Each TR NOx annual unit shall receive TR NOx annual allowance allocations and,

except as provided in subsection (e), Indian country new unit set-aside allowance

allocations for 2017, 2018, and 2019 according to the department's document titled "TR 

NOx annual allowance allocations for 2017, 2018, and 2019," dated July 17, 2015, which 

is hereby adopted by reference.
(e) If the total number of available Indian country new unit set-aside allowances for

2017, 2018, or 2019 is less than 31, the allocations shall be determined under this 

subsection instead of subsection (d), according to the following:

(1) TheTRNOx annual unitslisted in the department's documenttitled "TRNOx

annual allowance allocations for 2017, 2018, and 2019" shall be ordered in

descending order ofthe amounts oftheir Indian country new unit set-aside allowance

allocations asshown in that document, with units whose allocations are the same 

ordered in ascending order of "ReceiveAcct" and "Unitid" as shown in that

document.

(2) The TR NOx annual units shall forfeit one allowance sequentially, starting with the first listed 

unit, until the total number of the revised allocations equals the total number of available Indian

country new unit set-aside allowances.

Public Hearing for the 2015 State Implementation Plan Revision to Modify 2017, 2018, and 2019 

Nitrogen Oxide (NOX) Allocations for Kansas Utilities under the Cross-State Air Pollution Rule (CSAPR)

Notice of public hearing with required thirty-day comment period was published in the Kansas Register 

on August 20, 2015. (Vol. 34, No. 34, August 20, 2015, 953). The announcement was also posted on the 

KDHE website (http://www.kdheks.gov/bar/planning/KDHE-CSAPR-2017-2019-Allocations.pdf) and the 

six KDHE District Offices. No request for hearing was received by September 25, 2015 so the scheduled 

hearing was cancelled and announced on the KDHE website (same URL). No comments, other than 

EPA’s, were received on the SIP revision. KDHE was able to incorporate these suggestions into K.A.R. 28-

19-274, as demonstrated in the text above, to accommodate EPA’s request. 
Appendix B
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Appendix C
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Appendix D
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Department of Health and Environment

Notice of Public Hearing

The Kansas Department of Health and Environment (KDHE), Division of Environment, 

Bureau of Air, will conduct a public hearing, if requested, on Wednesday, October 7, 2015, in 

the Flint Hills Conference Room, third floor, of the Curtis State Office Building, 1000 S.W. 

Jackson, Topeka, to consider the State Implementation Plan (SIP) revision for the Cross-State 

Air Pollution Rule (CSAPR). 

Any member of the public may request a public hearing or submit comments regarding 

this public action. If requested, this hearing will be held directly after the hearing for the new 

proposed air quality regulation K.A.R. 28-19-274 which is scheduled for 10 a.m., October 7, 

2015. If no request for a hearing is received by September 25, 2015, the tentatively scheduled 

hearing will be cancelled with an announcement on the KDHE Bureau of Air website at 

http://www.kdheks.gov/bar/planning/pnplanning.html. Inquiries may be made to 785-296-8142 

or zgraves@kdheks.gov. A summary of the SIP revision and the estimated economic impact 

follows.

Summary of the SIP revision:

KDHE is revising this SIP in order to assume allocation authority for the Kansas existing 

unit source allocations, new unit set-aside allocations, and Indian county new unit set-aside 

allocations in the Transport Rule (TR) Nitrogen Oxides (NOx) Annual Trading Program for the 

2017-2019 control periods under the U.S. Environmental Protection Agency’s (EPA) CSAPR. 

The SIP revision adjusts individual unit level allocations which will replace the allocations from 

the existing budget established by the CSAPR Federal Implementation Plan (FIP) for the 2017-

2019 control periods.

Economic Impact:

Cost to agency: There are no costs to KDHE to implement this proposed SIP revision. 

This revision was developed for the sole purpose to ensure industries within the state do not lose 

valuable NOx annual allowance allocations.

Costs to the regulated community and consumers: There will be no additional cost 

burdens placed on either the regulated community or consumers due to the enactment of this SIP 

revision. The regulated community stands to gain NOx annual allowance allocations which can 

be traded on an open marketplace. If this SIP revision is not approved, those allocations will not 

be allotted to the regulated community and, consequently, the value would be lost.

Cost to other governmental agencies or units: There are no costs to other governmental 

agencies or units by implementing this proposed SIP revision.

The time period between the publication of this notice and the tentative hearing satisfies 

the 30-day public comment period for the purpose of receiving public comments on the proposed 

SIP revision. All interested parties may submit written comments prior to 5 p.m. on the day of 

the hearing to Zac Graves, Kansas Department of Health and Environment, Bureau of Air, 1000 
S.W. Jackson, Suite 310, Topeka, 66612, by e-mail to zgraves@kdheks.gov, or by fax to (785) 

296-7455. During the hearing, all interested parties will be given a reasonable opportunity to 

present their views orally on the proposed SIP revision as well as an opportunity to submit their 

written comments. In order to give each individual an opportunity to present their views, it may 

be necessary for the hearing officer to request that each presenter limit an oral presentation to an 

appropriate time frame. 

Copies of the proposed SIP revision may be obtained from the KDHE Bureau of Air at 

http://www.kdheks.gov/bar/planning/pnplanning.html or by contacting Zac Graves by e-mail at

zgraves@kdheks.gov, (785) 296-8142 or fax (785) 296-7455. Copies may also be viewed at the 

following locations:

 Department of Air Quality, Unified Government of Wyandotte County - Kansas City, 

Kansas Health Department, 619 Ann Ave., Kansas City, Kansas

 Johnson County Environmental Department, 11811 S. Sunset, Suite 2700, Olathe

 Curtis State Office Building, 1000 S.W. Jackson St., Suite. 310, Topeka

 KDHE Northeast District Office, 800 W. 24th St., Lawrence

 KDHE Northwest District Office, 2301 E. 13th St., Hays

 KDHE North Central District Office, 2501 Market Place, Suite D, Salina

 KDHE South Central District Office, 130 S. Market, Suite 6050, Wichita

 KDHE Southeast District Office, 1500 W. 7th St., Chanute

 KDHE Southwest District Office, 302 W. McArtor Rd., Dodge City

 Wichita-Sedgwick County Dept. of Community Health, 1900 E. 9th St., Wichita

Questions pertaining to the proposed SIP revision should be directed to Zac Graves by e-mail to 

zgraves@kdheks.gov, (785) 296-8142 or fax (785) 296-7455.

Any individual with a disability may request accommodation in order to participate in the 

public hearing and may request the proposed SIP revision in an accessible format. Requests for 

accommodation to participate in the hearing should be made at least five working days in

advance of the hearing by contacting Zac Graves. 

Susan Mosier, M.D.

Secretary of Health and Environment
Kansas Air Quality

Revision to the State Implementation Plan

To Modify 2017, 2018, and 2019 Nitrogen Oxide (NOX) 

Allocations for Kansas Utilities under the 

Cross-State Air Pollution Rule (CSAPR)

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

Department of Health and Environment

Division of Environment

Bureau of Air

(785) 296-6024

December 2015
Purpose

The purpose of the State Implementation Plan (SIP) revision described in this document 

is for the Kansas Department of Health and Environment (KDHE) to assume allocation authority 

for the Kansas existing unit budget in the Transport Rule (TR) Nitrogen Oxides (NOx) Annual 

Trading Program for the 2017-2019 control periods under the U.S. Environmental Protection 

Agency’s (EPA) Cross-State Air Pollution Rule (CSAPR). KDHE is revising this SIP in order to 

assume allocation authority for the Kansas existing unit source allocations, new unit set-aside 

allocations, and Indian county new unit set-aside allocations in the Transport Rule (TR) Nitrogen 

Oxides (NOx) Annual Trading Program for the 2017-2019 control periods under the U.S. 

Environmental Protection Agency’s (EPA) CSAPR. The SIP revision adjusts individual unit 

level allocations which will replace the allocations from the existing budget established by the 

CSAPR Federal Implementation Plan (FIP) for the 2017-2019 control periods. 

Background 

In December 2011, prior to the implementation of CSAPR, the D.C. Circuit Court stayed 

the implementation of CSAPR pending the outcome of litigation that had been filed against the 

EPA. August 2012, the D.C. Circuit Court issued a decision vacating CSAPR and directed EPA 

to continue to implement CAIR until they could implement a new replacement rule that 

addresses the Court’s concerns. EPA appealed the D.C. Circuit Court’s decision to the U.S. 

Supreme Court and in April 2014, the U.S. Supreme Court reversed the D.C. Circuit Court’s 

decision that vacated the CSAPR. EPA filed a motion to the D.C. Circuit Court in June 2014 to 

lift the stay of the CSAPR and delay all compliance dates in the rule by three (3) years, which 

would require that phase I of CSAPR would begin in January 2015. In October 2014, the D.C. 

Circuit court granted EPA’s motion to lift the stay of the CSAPR, and on December 3, 2014 the 

EPA promulgated an interim final rule (79 FR 71663) that extends the compliance dates of the 

CSAPR by three (3) years and clarifies that the rule which went into effect in 2015.

The CSAPR established four (4) separate federal emission trading programs for states 

located in the eastern half of the country. For the purpose of this SIP, only the TR NOx Annual 

Trading Program will be addressed. States that were found to be significantly contributing to a 

1997 and/or 2006 PM2.5 NAAQS nonattainment area or interfere with maintenance of these 

PM2.5 NAAQS in a downwind state are included in one of the TR SO2 Trading Programs, along 

with the TR Annual NOx Trading Program. 

EPA implemented CSAPR through a FIP beginning January 1, 2015 (79 FR 71663). 

Through the CSAPR, every state included in the rule has a statewide emission budget for each 

trading program in which it is included. These statewide budgets consist of a certain amount of 

allowances that are distributed to the CSAPR-affected units in that state. Each allowance permits 

a unit to emit one ton of the respective air pollutant for which the allowance is granted. 

Allowances may be used to cover emissions from a particular unit, they may be banked for use in 

a future year, or they can be traded or sold to other affected units included in the respective 

trading program. 
EPA’s method of setting statewide emission budgets through the CSAPR included the 

use of the future year modeling. EPA took into account all known or planned controls that would 

be operational on all affected units included in the CSAPR by January 1, 2012. EPA also took 

into account all cost-effective controls that could be installed to control emissions at CSAPRaffected units. The modeling was performed using these inputs, and the emissions computed by 

the model at each unit were summed for each state included in the rule to develop the statewide 

emission budget. These statewide budgets cannot be increased by states through a SIP. 

After calculating the statewide budgets, EPA allocated the allowances to individual units 

in each state. Under the FIP, the statewide budgets for each trading program are divided into two 

different budget pools, the existing unit budget and the new unit set-aside (NUSA). Existing 

units are defined as those in operation on or before January 1, 2010. The NUSA was established 

as a percent of the statewide budget, to cover emissions from units that commenced commercial 

operation after January 1, 2010. The allowances that remain in the statewide budget after the 

NUSA is subtracted make up the existing unit budget. Once these two budget pools were 

established, EPA allocated allowances to individual existing CSAPR-affected units (units that 

commenced operation prior to January 1, 2010) using a method that took into account both 

historical heat input and historical emissions at each unit. 

These individual existing unit level allocations established through the FIP could not be 

changed by states through a SIP for the 2015 control periods. However, for the 2016 control 

period, states were allowed to submit SIPs to alter the individual unit level allocations under the 

FIP from the existing unit budget. The unit level allocations in the NUSA also could not be 

changed by states through a SIP for the 2016 control periods. For the 2017 and beyond control 

periods, states were granted the ability to submit SIPs to alter the individual unit level allocations 

under the FIP from both the existing unit budget and the NUSA. 

As provided in CSAPR, the Kansas Department of Health and Environment (KDHE) 

notified EPA that the State of Kansas intended to submit to EPA a SIP revision by April 2, 2012 

that allocates, to units that commenced commercial operation before January 1, 2010, allowances 

for 2013 in the TR NOx Annual Trading Program, the TR NOx Ozone Season Trading Program 

(if finalized for Kansas), and the TR SO2 Group 2 Trading Program under CSAPR. 

KDHE exercised the option in CSAPR to reallocate allocations for the 2016 control period which 

was submitted to the EPA March 2015. The March 2015 State Implementation Plan Revision to 

Modify 2016 Nitrogen Oxide (NOX) Allocations 

for Kansas Utilities under the Cross-State Air Pollution Rule (CSAPR) redistributed Kansas’ 

budgeted source allocations in 2016 identical to the 2020 budgeted distribution of allocations 

assigned by the EPA in the December 2, 2014 interim final rule, “Rulemaking To Amend Dates 

in the Federal Implementation Plans Addressing Interstate Transport of Ozone and Fine 

Particulate Matter.” (70 FR 71663) 

For the 2017-2019 CSAPR control periods, KDHE developed K.A.R. 28-19-274 [date

approved] to redistribute Kansas’ TR NOx Annual Trading Program budgeted allocation of NOx

allowances. This new regulation also reallocates the 2,172 annual NOx tons which would 

otherwise be surrendered by Westar Energy’s three units at Jeffrey Energy Center and 596 
NUSAs allowances granted by the EPA. Additionally, the new regulation provides for the 

allocation of an addition 31 annual NOx Indian Country NUSAs after the EPA completes their 

allocation process. The new regulation is included in this SIP submittal as are the allocation 

tables incorporated by reference with the regulation for each respective control period (2017, 

2018, and 2019). 


Transport Rule (TR) NOx Annual Allowance Allocations

For 2017, 2018, and 2019
TR NOx Annual Allowance Allocations for 2017

STReserveAcct ReceiveAcct UnitId VintageYear Amount

KS0000000100 001251FACLTY GT1 2017 20

KS0000000100 001268FACLTY 14 2017 29

KS0000000100 001230FACLTY 1 2017 134

KS0000000100 008037FACLTY T1 2017 27

KS0000000100 001271FACLTY 4 2017 8

KS0000000100 007013FACLTY 4 2017 8

KS0000000100 056502FACLTY EEC1 2017 31

KS0000000100 056502FACLTY EEC2 2017 34

KS0000000100 056502FACLTY EEC3 2017 34

KS0000000100 056502FACLTY EEC4 2017 32

KS0000000100 056502FACLTY EEC5 2017 8

KS0000000100 056502FACLTY EEC6 2017 11

KS0000000100 056502FACLTY EEC7 2017 7

KS0000000100 001233FACLTY 4 2017 414

KS0000000100 001336FACLTY S-2 2017 67

KS0000000100 001336FACLTY S4 2017 8

KS0000000100 001336FACLTY S5 2017 8

KS0000000100 001240FACLTY 1 2017 177

KS0000000100 001240FACLTY 2 2017 388

KS0000000100 001240FACLTY E1CT 2017 4

KS0000000100 001240FACLTY E2CT 2017 5

KS0000000100 001240FACLTY E3CT 2017 12
KS0000000100 001235FACLTY 3 2017 144

KS0000000100 000108FACLTY SGU1 2017 2430

KS0000000100 001248FACLTY 4 2017 186

KS0000000100 001248FACLTY GT1 2017 1

KS0000000100 001248FACLTY GT2 2017 1

KS0000000100 001248FACLTY GT3 2017 1

KS0000000100 001248FACLTY GT4 2017 1

KS0000000100 006068FACLTY 1 2017 3302

KS0000000100 006068FACLTY 2 2017 3196

KS0000000100 006068FACLTY 3 2017 3102

KS0000000100 001241FACLTY 1 2017 4440

KS0000000100 001241FACLTY 2 2017 4366

KS0000000100 001250FACLTY 3 2017 402

KS0000000100 001250FACLTY 4 2017 785

KS0000000100 001250FACLTY 5 2017 2319

KS0000000100 001305FACLTY GT1 2017 2

KS0000000100 001305FACLTY GT2 2017 2

KS0000000100 001305FACLTY GT3 2017 2

KS0000000100 007515FACLTY 1 2017 22

KS0000000100 001242FACLTY 1 2017 9

KS0000000100 001242FACLTY 2 2017 25

KS0000000100 001242FACLTY 3 2017 127

KS0000000100 001242FACLTY 4 2017 92

KS0000000100 006064FACLTY CT4 2017 34
KS0000000100 006064FACLTY N1 2017 1620

KS0000000100 001243FACLTY 7 2017 8

KS0000000100 007928FACLTY 1 2017 2

KS0000000100 001295FACLTY 1 2017 515

KS0000000100 001295FACLTY 2 2017 658

KS0000000100 001295FACLTY GT2 2017 2

KS0000000100 001295FACLTY GT3 2017 2

KS0000000100 001239FACLTY 12 2017 33

KS0000000100 001239FACLTY 39 2017 218

KS0000000100 001239FACLTY 40 2017 368

KS0000000100 001252FACLTY 10 2017 879

KS0000000100 001252FACLTY 9 2017 545

KS0000000100 007929FACLTY 1 2017 4

KS0000000100 007929FACLTY 2 2017 4

KS0000000100 007929FACLTY 3 2017 4

KS0000000100 007929FACLTY 4 2017 4

TR NOx Annual Allowance Allocations for 2018

STReserveAcct ReceiveAcct UnitId VintageYear Amount

KS0000000100 001251FACLTY GT1 2018 20

KS0000000100 001268FACLTY 14 2018 29

KS0000000100 001230FACLTY 1 2018 134

KS0000000100 008037FACLTY T1 2018 27

KS0000000100 001271FACLTY 4 2018 8
KS0000000100 007013FACLTY 4 2018 8

KS0000000100 056502FACLTY EEC1 2018 31

KS0000000100 056502FACLTY EEC2 2018 34

KS0000000100 056502FACLTY EEC3 2018 34

KS0000000100 056502FACLTY EEC4 2018 32

KS0000000100 056502FACLTY EEC5 2018 8

KS0000000100 056502FACLTY EEC6 2018 11

KS0000000100 056502FACLTY EEC7 2018 7

KS0000000100 001233FACLTY 4 2018 414

KS0000000100 001336FACLTY S-2 2018 67

KS0000000100 001336FACLTY S4 2018 8

KS0000000100 001336FACLTY S5 2018 8

KS0000000100 001240FACLTY 1 2018 177

KS0000000100 001240FACLTY 2 2018 388

KS0000000100 001240FACLTY E1CT 2018 4

KS0000000100 001240FACLTY E2CT 2018 5

KS0000000100 001240FACLTY E3CT 2018 12

KS0000000100 001235FACLTY 3 2018 144

KS0000000100 000108FACLTY SGU1 2018 2430

KS0000000100 001248FACLTY 4 2018 186

KS0000000100 001248FACLTY GT1 2018 1

KS0000000100 001248FACLTY GT2 2018 1

KS0000000100 001248FACLTY GT3 2018 1

KS0000000100 001248FACLTY GT4 2018 1
KS0000000100 006068FACLTY 1 2018 3302

KS0000000100 006068FACLTY 2 2018 3196

KS0000000100 006068FACLTY 3 2018 3102

KS0000000100 001241FACLTY 1 2018 4440

KS0000000100 001241FACLTY 2 2018 4366

KS0000000100 001250FACLTY 3 2018 402

KS0000000100 001250FACLTY 4 2018 785

KS0000000100 001250FACLTY 5 2018 2319

KS0000000100 001305FACLTY GT1 2018 2

KS0000000100 001305FACLTY GT2 2018 2

KS0000000100 001305FACLTY GT3 2018 2

KS0000000100 007515FACLTY 1 2018 22

KS0000000100 001242FACLTY 1 2018 9

KS0000000100 001242FACLTY 2 2018 25

KS0000000100 001242FACLTY 3 2018 127

KS0000000100 001242FACLTY 4 2018 92

KS0000000100 006064FACLTY CT4 2018 34

KS0000000100 006064FACLTY N1 2018 1620

KS0000000100 001243FACLTY 7 2018 8

KS0000000100 007928FACLTY 1 2018 2

KS0000000100 001295FACLTY 1 2018 515

KS0000000100 001295FACLTY 2 2018 658

KS0000000100 001295FACLTY GT2 2018 2

KS0000000100 001295FACLTY GT3 2018 2
KS0000000100 001239FACLTY 12 2018 33

KS0000000100 001239FACLTY 39 2018 218

KS0000000100 001239FACLTY 40 2018 368

KS0000000100 001252FACLTY 10 2018 879

KS0000000100 001252FACLTY 9 2018 545

KS0000000100 007929FACLTY 1 2018 4

KS0000000100 007929FACLTY 2 2018 4

KS0000000100 007929FACLTY 3 2018 4

KS0000000100 007929FACLTY 4 2018 4

TR NOx Annual Allowance Allocations for 2019

STReserveAcct ReceiveAcct UnitId VintageYear Amount

KS0000000100 001251FACLTY GT1 2019 20

KS0000000100 001268FACLTY 14 2019 29

KS0000000100 001230FACLTY 1 2019 134

KS0000000100 008037FACLTY T1 2019 27

KS0000000100 001271FACLTY 4 2019 8

KS0000000100 007013FACLTY 4 2019 8

KS0000000100 056502FACLTY EEC1 2019 31

KS0000000100 056502FACLTY EEC2 2019 34

KS0000000100 056502FACLTY EEC3 2019 34

KS0000000100 056502FACLTY EEC4 2019 32

KS0000000100 056502FACLTY EEC5 2019 8

KS0000000100 056502FACLTY EEC6 2019 11
KS0000000100 056502FACLTY EEC7 2019 7

KS0000000100 001233FACLTY 4 2019 414

KS0000000100 001336FACLTY S-2 2019 67

KS0000000100 001336FACLTY S4 2019 8

KS0000000100 001336FACLTY S5 2019 8

KS0000000100 001240FACLTY 1 2019 177

KS0000000100 001240FACLTY 2 2019 388

KS0000000100 001240FACLTY E1CT 2019 4

KS0000000100 001240FACLTY E2CT 2019 5

KS0000000100 001240FACLTY E3CT 2019 12

KS0000000100 001235FACLTY 3 2019 144

KS0000000100 000108FACLTY SGU1 2019 2430

KS0000000100 001248FACLTY 4 2019 186

KS0000000100 001248FACLTY GT1 2019 1

KS0000000100 001248FACLTY GT2 2019 1

KS0000000100 001248FACLTY GT3 2019 1

KS0000000100 001248FACLTY GT4 2019 1

KS0000000100 006068FACLTY 1 2019 3302

KS0000000100 006068FACLTY 2 2019 3196

KS0000000100 006068FACLTY 3 2019 3102

KS0000000100 001241FACLTY 1 2019 4440

KS0000000100 001241FACLTY 2 2019 4366

KS0000000100 001250FACLTY 3 2019 402

KS0000000100 001250FACLTY 4 2019 785
KS0000000100 001250FACLTY 5 2019 2319

KS0000000100 001305FACLTY GT1 2019 2

KS0000000100 001305FACLTY GT2 2019 2

KS0000000100 001305FACLTY GT3 2019 2

KS0000000100 007515FACLTY 1 2019 22

KS0000000100 001242FACLTY 1 2019 9

KS0000000100 001242FACLTY 2 2019 25

KS0000000100 001242FACLTY 3 2019 127

KS0000000100 001242FACLTY 4 2019 92

KS0000000100 006064FACLTY CT4 2019 34

KS0000000100 006064FACLTY N1 2019 1620

KS0000000100 001243FACLTY 7 2019 8

KS0000000100 007928FACLTY 1 2019 2

KS0000000100 001295FACLTY 1 2019 515

KS0000000100 001295FACLTY 2 2019 658

KS0000000100 001295FACLTY GT2 2019 2

KS0000000100 001295FACLTY GT3 2019 2

KS0000000100 001239FACLTY 12 2019 33

KS0000000100 001239FACLTY 39 2019 218

KS0000000100 001239FACLTY 40 2019 368

KS0000000100 001252FACLTY 10 2019 879

KS0000000100 001252FACLTY 9 2019 545

KS0000000100 007929FACLTY 1 2019 4

KS0000000100 007929FACLTY 2 2019 4
KS0000000100 007929FACLTY 3 2019 4

KS0000000100 007929FACLTY 4 2019 4

Indian Country New Unit Set-Aside Allowance Allocations for 2017

STReserveAcct ReceiveAcct UnitId VintageYear Amount

KS0000000100 001251FACLTY GT1 2017 0

KS0000000100 001268FACLTY 14 2017 0

KS0000000100 001230FACLTY 1 2017 0

KS0000000100 008037FACLTY T1 2017 0

KS0000000100 001271FACLTY 4 2017 1

KS0000000100 007013FACLTY 4 2017 1

KS0000000100 056502FACLTY EEC1 2017 0

KS0000000100 056502FACLTY EEC2 2017 0

KS0000000100 056502FACLTY EEC3 2017 0

KS0000000100 056502FACLTY EEC4 2017 0

KS0000000100 056502FACLTY EEC5 2017 0

KS0000000100 056502FACLTY EEC6 2017 0

KS0000000100 056502FACLTY EEC7 2017 0

KS0000000100 001233FACLTY 4 2017 1

KS0000000100 001336FACLTY S-2 2017 0

KS0000000100 001336FACLTY S4 2017 0

KS0000000100 001336FACLTY S5 2017 0

KS0000000100 001240FACLTY 1 2017 0

KS0000000100 001240FACLTY 2 2017 0
KS0000000100 001240FACLTY E1CT 2017 0

KS0000000100 001240FACLTY E2CT 2017 0

KS0000000100 001240FACLTY E3CT 2017 0

KS0000000100 001235FACLTY 3 2017 0

KS0000000100 000108FACLTY SGU1 2017 3

KS0000000100 001248FACLTY 4 2017 0

KS0000000100 001248FACLTY GT1 2017 0

KS0000000100 001248FACLTY GT2 2017 0

KS0000000100 001248FACLTY GT3 2017 0

KS0000000100 001248FACLTY GT4 2017 0

KS0000000100 006068FACLTY 1 2017 0

KS0000000100 006068FACLTY 2 2017 0

KS0000000100 006068FACLTY 3 2017 0

KS0000000100 001241FACLTY 1 2017 5

KS0000000100 001241FACLTY 2 2017 6

KS0000000100 001250FACLTY 3 2017 1

KS0000000100 001250FACLTY 4 2017 1

KS0000000100 001250FACLTY 5 2017 3

KS0000000100 001305FACLTY GT1 2017 0

KS0000000100 001305FACLTY GT2 2017 0

KS0000000100 001305FACLTY GT3 2017 0

KS0000000100 007515FACLTY 1 2017 0

KS0000000100 001242FACLTY 1 2017 0

KS0000000100 001242FACLTY 2 2017 0
KS0000000100 001242FACLTY 3 2017 1

KS0000000100 001242FACLTY 4 2017 0

KS0000000100 006064FACLTY CT4 2017 0

KS0000000100 006064FACLTY N1 2017 3

KS0000000100 001243FACLTY 7 2017 0

KS0000000100 007928FACLTY 1 2017 0

KS0000000100 001295FACLTY 1 2017 1

KS0000000100 001295FACLTY 2 2017 1

KS0000000100 001295FACLTY GT2 2017 0

KS0000000100 001295FACLTY GT3 2017 0

KS0000000100 001239FACLTY 12 2017 0

KS0000000100 001239FACLTY 39 2017 0

KS0000000100 001239FACLTY 40 2017 1

KS0000000100 001252FACLTY 10 2017 1

KS0000000100 001252FACLTY 9 2017 1

KS0000000100 007929FACLTY 1 2017 0

KS0000000100 007929FACLTY 2 2017 0

KS0000000100 007929FACLTY 3 2017 0

KS0000000100 007929FACLTY 4 2017 0

Indian Country New Unit Set-Aside Allowance Allocations for 2018

STReserveAcct ReceiveAcct UnitId VintageYear Amount

KS0000000100 001251FACLTY GT1 2018 0

KS0000000100 001268FACLTY 14 2018 0
KS0000000100 001230FACLTY 1 2018 0

KS0000000100 008037FACLTY T1 2018 0

KS0000000100 001271FACLTY 4 2018 1

KS0000000100 007013FACLTY 4 2018 1

KS0000000100 056502FACLTY EEC1 2018 0

KS0000000100 056502FACLTY EEC2 2018 0

KS0000000100 056502FACLTY EEC3 2018 0

KS0000000100 056502FACLTY EEC4 2018 0

KS0000000100 056502FACLTY EEC5 2018 0

KS0000000100 056502FACLTY EEC6 2018 0

KS0000000100 056502FACLTY EEC7 2018 0

KS0000000100 001233FACLTY 4 2018 1

KS0000000100 001336FACLTY S-2 2018 0

KS0000000100 001336FACLTY S4 2018 0

KS0000000100 001336FACLTY S5 2018 0

KS0000000100 001240FACLTY 1 2018 0

KS0000000100 001240FACLTY 2 2018 0

KS0000000100 001240FACLTY E1CT 2018 0

KS0000000100 001240FACLTY E2CT 2018 0

KS0000000100 001240FACLTY E3CT 2018 0

KS0000000100 001235FACLTY 3 2018 0

KS0000000100 000108FACLTY SGU1 2018 3

KS0000000100 001248FACLTY 4 2018 0

KS0000000100 001248FACLTY GT1 2018 0
KS0000000100 001248FACLTY GT2 2018 0

KS0000000100 001248FACLTY GT3 2018 0

KS0000000100 001248FACLTY GT4 2018 0

KS0000000100 006068FACLTY 1 2018 0

KS0000000100 006068FACLTY 2 2018 0

KS0000000100 006068FACLTY 3 2018 0

KS0000000100 001241FACLTY 1 2018 5

KS0000000100 001241FACLTY 2 2018 6

KS0000000100 001250FACLTY 3 2018 1

KS0000000100 001250FACLTY 4 2018 1

KS0000000100 001250FACLTY 5 2018 3

KS0000000100 001305FACLTY GT1 2018 0

KS0000000100 001305FACLTY GT2 2018 0

KS0000000100 001305FACLTY GT3 2018 0

KS0000000100 007515FACLTY 1 2018 0

KS0000000100 001242FACLTY 1 2018 0

KS0000000100 001242FACLTY 2 2018 0

KS0000000100 001242FACLTY 3 2018 1

KS0000000100 001242FACLTY 4 2018 0

KS0000000100 006064FACLTY CT4 2018 0

KS0000000100 006064FACLTY N1 2018 3

KS0000000100 001243FACLTY 7 2018 0

KS0000000100 007928FACLTY 1 2018 0

KS0000000100 001295FACLTY 1 2018 1
KS0000000100 001295FACLTY 2 2018 1

KS0000000100 001295FACLTY GT2 2018 0

KS0000000100 001295FACLTY GT3 2018 0

KS0000000100 001239FACLTY 12 2018 0

KS0000000100 001239FACLTY 39 2018 0

KS0000000100 001239FACLTY 40 2018 1

KS0000000100 001252FACLTY 10 2018 1

KS0000000100 001252FACLTY 9 2018 1

KS0000000100 007929FACLTY 1 2018 0

KS0000000100 007929FACLTY 2 2018 0

KS0000000100 007929FACLTY 3 2018 0

KS0000000100 007929FACLTY 4 2018 0

Indian Country New Unit Set-Aside Allowance Allocations for 2019

STReserveAcct ReceiveAcct UnitId VintageYear Amount

KS0000000100 001251FACLTY GT1 2019 0

KS0000000100 001268FACLTY 14 2019 0

KS0000000100 001230FACLTY 1 2019 0

KS0000000100 008037FACLTY T1 2019 0

KS0000000100 001271FACLTY 4 2019 1

KS0000000100 007013FACLTY 4 2019 1

KS0000000100 056502FACLTY EEC1 2019 0

KS0000000100 056502FACLTY EEC2 2019 0

KS0000000100 056502FACLTY EEC3 2019 0
KS0000000100 056502FACLTY EEC4 2019 0

KS0000000100 056502FACLTY EEC5 2019 0

KS0000000100 056502FACLTY EEC6 2019 0

KS0000000100 056502FACLTY EEC7 2019 0

KS0000000100 001233FACLTY 4 2019 1

KS0000000100 001336FACLTY S-2 2019 0

KS0000000100 001336FACLTY S4 2019 0

KS0000000100 001336FACLTY S5 2019 0

KS0000000100 001240FACLTY 1 2019 0

KS0000000100 001240FACLTY 2 2019 0

KS0000000100 001240FACLTY E1CT 2019 0

KS0000000100 001240FACLTY E2CT 2019 0

KS0000000100 001240FACLTY E3CT 2019 0

KS0000000100 001235FACLTY 3 2019 0

KS0000000100 000108FACLTY SGU1 2019 3

KS0000000100 001248FACLTY 4 2019 0

KS0000000100 001248FACLTY GT1 2019 0

KS0000000100 001248FACLTY GT2 2019 0

KS0000000100 001248FACLTY GT3 2019 0

KS0000000100 001248FACLTY GT4 2019 0

KS0000000100 006068FACLTY 1 2019 0

KS0000000100 006068FACLTY 2 2019 0

KS0000000100 006068FACLTY 3 2019 0

KS0000000100 001241FACLTY 1 2019 5
KS0000000100 001241FACLTY 2 2019 6

KS0000000100 001250FACLTY 3 2019 1

KS0000000100 001250FACLTY 4 2019 1

KS0000000100 001250FACLTY 5 2019 3

KS0000000100 001305FACLTY GT1 2019 0

KS0000000100 001305FACLTY GT2 2019 0

KS0000000100 001305FACLTY GT3 2019 0

KS0000000100 007515FACLTY 1 2019 0

KS0000000100 001242FACLTY 1 2019 0

KS0000000100 001242FACLTY 2 2019 0

KS0000000100 001242FACLTY 3 2019 1

KS0000000100 001242FACLTY 4 2019 0

KS0000000100 006064FACLTY CT4 2019 0

KS0000000100 006064FACLTY N1 2019 3

KS0000000100 001243FACLTY 7 2019 0

KS0000000100 007928FACLTY 1 2019 0

KS0000000100 001295FACLTY 1 2019 1

KS0000000100 001295FACLTY 2 2019 1

KS0000000100 001295FACLTY GT2 2019 0

KS0000000100 001295FACLTY GT3 2019 0

KS0000000100 001239FACLTY 12 2019 0

KS0000000100 001239FACLTY 39 2019 0

KS0000000100 001239FACLTY 40 2019 1

KS0000000100 001252FACLTY 10 2019 1
KS0000000100 001252FACLTY 9 2019 1

KS0000000100 007929FACLTY 1 2019 0

KS0000000100 007929FACLTY 2 2019 0

KS0000000100 007929FACLTY 3 2019 0

KS0000000100 007929FACLTY 4 2019 0
Appendix E
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PUBLIC HEARING CANCELLED – NO REQUESTS

Kansas Department of Health and Environment

Notice of Public Hearing

The Kansas Department of Health and Environment (KDHE), Division of Environment, 

Bureau of Air, will conduct a public hearing, if requested, on Wednesday, October 7, 2015, in 

the Flint Hills Conference Room, third floor, of the Curtis State Office Building, 1000 S.W. 

Jackson, Topeka, to consider the State Implementation Plan (SIP) Revision to Modify 2017, 

2018, and 2019 Nitrogen Oxide (NOx) Allocations for Kansas Utilities under the Cross-State Air 

Pollution Rule (CSAPR). 

Any member of the public may request a public hearing or submit comments regarding 

this public action. If requested, this hearing will be held directly after the hearing for the new 

proposed air quality regulation K.A.R. 28-19-274 which is scheduled for 10 a.m., October 7, 

2015. If no request for a hearing is received by September 25, 2015, the tentatively scheduled 

hearing will be cancelled with an announcement on the KDHE Bureau of Air website at 

http://www.kdheks.gov/bar/planning/pnplanning.html. Inquiries may be made to 785-296-8142 

or zgraves@kdheks.gov. A summary of the SIP revision and the estimated economic impact 

follows.

Summary of the SIP revision:

KDHE is revising this SIP in order to assume allocation authority for the Kansas existing 

unit source allocations, new unit set-aside allocations, and Indian county new unit set-aside 

allocations in the Transport Rule (TR) Nitrogen Oxides (NOx) Annual Trading Program for the 

2017-2019 control periods under the U.S. Environmental Protection Agency’s (EPA) CSAPR. 

The SIP revision adjusts individual unit level allocations which will replace the allocations from 

the existing budget established by the CSAPR Federal Implementation Plan (FIP) for the 2017-

2019 control periods.

Economic Impact:

Cost to agency: There are no costs to KDHE to implement this proposed SIP revision. 

This revision was developed for the sole purpose to ensure industries within the state do not lose 

valuable NOx annual allowance allocations.

Costs to the regulated community and consumers: There will be no additional cost 

burdens placed on either the regulated community or consumers due to the enactment of this SIP 

revision. The regulated community stands to gain NOx annual allowance allocations which can 

be traded on an open marketplace. If this SIP revision is not approved, those allocations will not 

be allotted to the regulated community and, consequently, the value would be lost.

Cost to other governmental agencies or units: There are no costs to other governmental 

agencies or units by implementing this proposed SIP revision.

The time period between the publication of this notice and the tentative hearing satisfies 

the 30-day public comment period for the purpose of receiving public comments on the proposed 

SIP revision. All interested parties may submit written comments prior to 5 p.m. on the day of 

the hearing to Zac Graves, Kansas Department of Health and Environment, Bureau of Air, 1000 

S.W. Jackson, Suite 310, Topeka, 66612, by e-mail to zgraves@kdheks.gov, or by fax to (785) 

296-7455. During the hearing, all interested parties will be given a reasonable opportunity to 

present their views orally on the proposed SIP revision as well as an opportunity to submit their 

written comments. In order to give each individual an opportunity to present their views, it may 
be necessary for the hearing officer to request that each presenter limit an oral presentation to an 

appropriate time frame. 

Copies of the proposed SIP revision may be obtained from the KDHE Bureau of Air at 

http://www.kdheks.gov/bar/planning/pnplanning.html or by contacting Zac Graves by e-mail at

zgraves@kdheks.gov, (785) 296-8142 or fax (785) 296-7455. Copies may also be viewed at the 

following locations:

• Department of Air Quality, Unified Government of Wyandotte County - Kansas City, 

Kansas Health Department, 619 Ann Ave., Kansas City, Kansas

• Johnson County Environmental Department, 11811 S. Sunset, Suite 2700, Olathe

• Curtis State Office Building, 1000 S.W. Jackson St., Suite. 310, Topeka

• KDHE Northeast District Office, 800 W. 24th St., Lawrence

• KDHE Northwest District Office, 2301 E. 13th St., Hays

• KDHE North Central District Office, 2501 Market Place, Suite D, Salina

• KDHE South Central District Office, 130 S. Market, Suite 6050, Wichita

• KDHE Southeast District Office, 1500 W. 7th St., Chanute

• KDHE Southwest District Office, 302 W. McArtor Rd., Dodge City

• Wichita-Sedgwick County Dept. of Community Health, 1900 E. 9th St., Wichita

Questions pertaining to the proposed SIP revision should be directed to Zac Graves by e-mail to 

zgraves@kdheks.gov, (785) 296-8142 or fax (785) 296-7455.

Any individual with a disability may request accommodation in order to participate in the 

public hearing and may request the proposed SIP revision in an accessible format. Requests for 

accommodation to participate in the hearing should be made at least five working days in 

advance of the hearing by contacting Zac Graves. 

Susan Mosier, M.D.

Secretary of Health and Environment
Appendix F
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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. 

KDHE, Bureau of Air 1 Last Revised: March 15, 2011 
(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. 

KDHE, Bureau of Air 2 Last Revised: March 15, 2011 
(12) Establish ambient air quality standards for the state as a whole or for any 

part thereof. 

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

programs relating to air contamination and air pollution. 

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

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

government, and with interested persons or groups. 

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

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

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

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

environment. 

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

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

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

air quality act. 

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

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

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

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

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

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

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

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

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

the activities of any such visibility transport commission annually. 

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

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

consistent with those of the federal government. 

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

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

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

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

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

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

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

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

by an act of the legislature. The restrictions of this subsection shall not apply to the parts 

of the state implementation plan developed by the secretary to bring a nonattainment area 

into compliance when needed to have a United States environmental protection agency 

approved state implementation plan. 

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

shall not deny or delay the issuance of such permit when the requirements of this act have 

been met. History: L. 1967, ch. 347, § 5; L. 1970, ch. 261, § 5; L. 1974, ch. 352, § 137; 

L. 1993, ch. 13, § 3; L. 2006, ch. 84, § 2; L. 2009, ch. 141, § 23; May 28. 

65-3006. Same; publication and enforcement of regulations; employment of 

personnel; services. The secretary shall: 

KDHE, Bureau of Air 3 Last Revised: March 15, 2011 
(a) Publish and enforce the rules, regulations and standards promulgated 

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

adopted hereunder to any citizen upon request. 

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

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

for the purpose of effectuating the provisions of this act from funds appropriated and 

available for the purposes of this act. History: L. 1967, ch. 347, § 6; L. 1970, ch. 261, § 

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

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

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

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

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

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

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

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

physical effects on property. 

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

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

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

emission sources to keep records and make reports consistent with the purposes of this 

act. 

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

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

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

location, size and height of contaminant outlets, processes employed, fuels used and the 

nature and time periods or duration of emissions, and such other information as is 

relevant to air pollution and available or reasonably capable of being assembled. History:

 L. 1967, ch. 347, § 7; L. 1970, ch. 261, § 7; L. 1974, ch. 352, § 139; L. 1975, ch. 312, § 

11; L. 1993, ch. 13, § 4; March 25. 

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

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

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

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

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

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

and regulations promulgated under this act. 

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

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

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

Applications shall be submitted on forms provided by the secretary and shall be signed by 

a responsible official of the source, who shall certify the accuracy of the information 

submitted. 

(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 

KDHE, Bureau of Air 4 Last Revised: March 15, 2011 
application form and any required fee are filed with the secretary on or before the 

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

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

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

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

provide for a grace period by rule and regulation. 

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

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

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

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

under the general approval or permit. 

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

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

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

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

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

which a fee is collected under this section is performed by a county, 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; March 25. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

the court of appeals shall be confined to the agency record for judicial review and consist 

of the documentation submitted to or developed by the secretary in making the final 

permit decision, including the permit application and any addenda or amendments 

thereto, the permit summary, the draft permit, all written comments properly submitted to 

the secretary, all testimony presented at any public hearing held on the permit 

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

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

permit. 

KDHE, Bureau of Air 5 Last Revised: March 15, 2011 
(c) When determined appropriate by the secretary, the procedures set out in 

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

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

24; May 28. 

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

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

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

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

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

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

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

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

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

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

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

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

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

thereto. 

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

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

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

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

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

requirement by the United States environmental protection agency. 

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

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

decision to affirm, modify or reverse a permit decision pursuant to subsection (b) of 

K.S.A. 65-3008a, the permittee may file a request for a hearing with the secretary. Each 

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

violated, the facts constituting the alleged violation and the secretary's intended action. 

Each notice of intent or written decision to affirm, modify or reverse a permit decision 

shall state the permittee's right to request a hearing. Such hearing shall be conducted in 

accordance with the Kansas administrative procedure act. 

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

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

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

condition. 

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

United States environmental protection agency has certified that such permit complies 

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

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

United States environmental protection agency's decision within 45 days after receipt of 

the proposed permit by such agency. 

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

modification or to reopen the permit): 

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

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

KDHE, Bureau of Air 6 Last Revised: March 15, 2011 
clean air act, as amended in November 1990, for permit applications submitted within the 

first full year after such date; 

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

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

that title; or 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

of emissions and any other facts found which relate to compliance status. History: L. 

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

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

emission control requirements, and requirements for open burning (including appropriate 

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

vary from area to area, as may be appropriate to facilitate accomplishment of the 

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

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

this subsection shall constitute a violation of this act. 

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

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

forth for that area by the secretary. 

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

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

following demonstration to the satisfaction of the secretary that the proposed 

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

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

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

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

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

KDHE, Bureau of Air 7 Last Revised: March 15, 2011 
65-3011. Enforcement; procedure. (a) If the secretary or the director of the 

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

permit or compliance plan or any provision of this act or any rule and regulation 

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

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

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

during which the person must correct the violations. 

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

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

conducted in accordance with the Kansas administrative procedure act. History: L. 

1967, ch. 347, § 11; L. 1970, ch. 261, § 11; L. 1974, ch. 352, § 143; L. 1988, ch. 356, § 

201; L. 1993, ch. 13, § 9; March 25. 

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

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

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

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

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

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

a temporary order not to exceed seven days in duration, directing the owner or operator, 

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

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

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

attorney general or appropriate county or district attorney to commence an action to 

enjoin those acts or practices. 

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

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

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

of trial. 

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

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

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

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

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

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

L. 2009, ch. 141, § 25; May 28. 

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

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

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. 

KDHE, Bureau of Air 8 Last Revised: March 15, 2011 
(b) No variance shall be granted pursuant to this section except after public 

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

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

general public. 

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

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

therefor, and within the following limitations: 

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

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

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

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

measures that the secretary may prescribe. 

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

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

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

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

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

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

manner and shall be conditioned on adherence to such timetable. 

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

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

not more than one year. 

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

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

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

granted, unless following public hearing on the complaint on due notice, the secretary 

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

Any such application shall be made at least 60 days prior to the expiration of the 

variance. Immediately upon receipt of an application for renewal the secretary shall give 

public notice of such application in accordance with rules and regulations of the 

secretary. 

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

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

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

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

be conducted in accordance with the Kansas administrative procedure act. However, any 

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

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

adversely affected by any final action of the secretary pursuant to this section shall have 

standing to obtain judicial review of the secretary's final action on the variance or renewal 

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

KDHE, Bureau of Air 9 Last Revised: March 15, 2011 
to the secretary, all testimony presented at any public hearing held on the variance or 

renewal application, all responses by the applicant or holder of a variance or renewal to 

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

testimony and the final variance or renewal. 

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

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

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

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

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

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

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

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

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

act shall be available to the public. 

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

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

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

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

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

record, report or information, or particular portion thereof, confidential, except that: (1) 

Such record, report or information may be disclosed to officers, employees or authorized 

representatives of the United States government concerned with carrying out 

responsibilities under the federal clean air act and amendments thereto; and (2) this 

subsection shall not apply to any provision in any air quality approval or permit issued by 

the secretary and the public shall have access to such approvals and permits in their 

entirety. History: L. 1967, ch. 347, § 15; L. 1970, ch. 261, § 15; L. 1973, ch. 254, § 1; L. 

1974, ch. 352, § 147; L. 1993, ch. 13, § 13; L. 2005, ch. 67, § 7; July 1. 

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

1. 

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

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

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

its jurisdiction, and may request consultation, technical assistance and cooperation from 

the secretary in conducting such tests and surveys. If such tests and surveys indicate that 

unsatisfactory air quality exists, is likely to exist or is likely to occur, the governing body 

of said city or county shall have the authority, upon approval 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) 

KDHE, Bureau of Air 10 Last Revised: March 15, 2011 
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. 

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 

KDHE, Bureau of Air 11 Last Revised: March 15, 2011 
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 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 

KDHE, Bureau of Air 12 Last Revised: March 15, 2011 
monitoring programs to be conducted by the department of health and environment. 

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

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

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

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

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

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

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

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

accounts and reports issued pursuant to vouchers approved by the secretary. History: L. 

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

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

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

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

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

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

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

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

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

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

determining the total emissions from the facility. 

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

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

to the fund: 

(1) Fees collected under subsection (a); 

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

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

stipulation or settlement; and 

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

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

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

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

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

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

on: 

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

preceding month; and 

(2) the net earnings rate of the pooled money investment portfolio for the 

preceding month. 

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

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

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

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

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

following: 

KDHE, Bureau of Air 13 Last Revised: March 15, 2011 
(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. 

(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 

KDHE, Bureau of Air 14 Last Revised: March 15, 2011 
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 

(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. 

KDHE, Bureau of Air 15 Last Revised: March 15, 2011 
(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. 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. 

KDHE, Bureau of Air 16 Last Revised: March 15, 2011 
(j) The secretary may reduce any fee required by this act for any classification of 

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

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

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

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

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

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

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

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

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

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

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

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

with article V of the settlement agreement. 

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

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

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

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

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

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

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

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

website: 

http://www.kslegislature.org/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. 

KDHE, Bureau of Air 17 Last Revised: March 15, 2011