Kansas Air Quality

Revision to the State Implementation Plan

____________________________________________________

2010 Sulfur Dioxide (SO2) Primary

National Ambient Air Quality Standards 

Infrastructure SIP

Our Vision – Healthy Kansans living in safe and sustainable environments

Department of Health and Environment

Division of Environment

Bureau of Air

(785) 296-6024

June 2013

Table of Contents

Section Contents

Certification

Letter

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

Revision, and Procedural Requirements Documents

Secretary Moser’s Letter to EPA

· Declaration of Adoption (certified in Secretary’s letter to EPA)

· Public Hearing Statement (certified in Secretary’s letter to EPA)

· Responsiveness Summary (certified in Secretary’s letter to EPA)

A

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

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

Administrative Materials

Technical Support

B

Authorizing Statutes

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

C

Plan Revision

Kansas Air Quality State Implementation Plan Revision for the Implementation, 

Maintenance, and Enforcement of the 2010 Sulfur Dioxide (SO2) National 

Ambient Air Quality Standard

D

Public Notice Documents

KDHE Website Notice of Hearing Cancellation

Kansas Register – May 23, 2013

Newspaper Affidavits of Publication

Notice of Public Hearing Letter 

E

Technical Support: Kansas Infrastructure SIP

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

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

Completeness of Plan Submissions, Section 2.0 – Criteria

Administrative Materials

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

Appendix V 

Section Appendix V Requirement Documentation Provided in Submittal

Submittal 

Section

2.1(a) Formal letter of submittal Letter of submittal/certification Certification 

Letter

2.1(b) Evidence that the plan has been 

adopted and the effective date

Secretary’s letter of submittal/certification to EPA dated July 9, 2013Certification 

Letter

2.1(c) Legal authority to adopt and 

implement the plan

Kansas Air Quality Statutes (K.S.A.)

Chapter 65, Article 30) B

2.1(d)

Copy of actual regulation or 

document, including indication 

of the changes made

Kansas Air Quality State 

Implementation Plan Revision for the 

Implementation, Maintenance, and 

Enforcement of the 2010 Sulfur 

Dioxide (SO2) National Ambient Air 

Quality Standard

C

2.1(e)

Evidence that the State has 

followed all procedural 

requirements

Public Hearing Statement

Response to Comments

(noted in certification letter)

Certification 

Letter

2.1(f) Evidence that public notice was 

provided

Kansas Register – May 23, 2013

Newspaper Affidavits of Publication D

2.1(g)

Certification that public hearing 

was held as per information in 

public notice

Public Hearing Statement (N.A.)

Hearing Cancellation noted in 

certification letter

Certification 

Letter

2.1(h) Compilation of public comments 

and responses thereto

No Comments Received 

(noted in certification letter)

Certification 

Letter
Description of Materials Required for Plan Submittal

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

Completeness of Plan Submissions, Section 2.0 – Criteria

Technical Support

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

Appendix V 

Section Appendix V Requirement Documentation Provided in Submittal

Submittal 

Section

2.2(a) Identification of all relevant 

pollutants affected by the plan Refer to response E

2.2(b) Identification of the location of 

affected sources under the plan Refer to response E

2.2(c) Quantification of the changes in 

the plan’s allowable emissions Refer to response E

2.2(d) Demonstration that the ambient air 

quality will not deteriorate, etc. Refer to response E

2.2(e) Modeling information Refer to response E

2.2(f)

Evidence that emissions limits are 

continuous emission reduction 

technology-based

Refer to response E

2.2(g) Evidence that the plan contains 

emissions limits, etc. Refer to response E

2.2(h) Compliance/enforcement 

provisions Refer to response E

2.2(i)

Special economic or technological 

justifications as needed or 

explanation of why justification 

not needed

Refer to response E
Section B
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 
Section C
Kansas Air Quality State Implementation Plan Revision for the 

Implementation, Maintenance, and Enforcement 

of the 

2010 Sulfur Dioxide Primary National Ambient Air Quality 

Standards (NAAQS)

June 2013

Department of Health and Environment

Division of Environment

Bureau of Air

(785) 296-6024
(This page intentionally left blank.)
Contents

I. Introduction and Background ..................................................................................... 4

II. Section 110(a)(2)(A) Emission limits and other control measures............................. 6

III. Section 110(a)(2)(B) Ambient air quality monitoring/data system ............................ 6

IV. Section 110(a)(2)(C) Programs for enforcement, PSD, and NSR .............................. 7

V. Section 110(a)(2)(D) Interstate and international transport provisions...................... 9

VI. Section 110(a)(2)(E) Adequate personnel, funding, and authority........................... 10

VII. Section 110(a)(2)(F) Stationary source monitoring and reporting ........................... 11

VIII. Section 110(a)(2)(G) Emergency episodes............................................................... 12

IX. Section 110(a)(2)(H) Future SIP revisions............................................................... 13

X. Section 110(a)(2)(I) Nonattainment area plan or plan revision under Part D........... 13

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

PSD, and visibility protection................................................................................... 13

XII. Section 110(a)(2)(K) Air quality modeling/data....................................................... 15

XIII. Section 110(a)(2)(L) Permitting fees........................................................................ 15

XIV. Section 110(a)(2)(M) Consultation/participation by affected local entities............. 16

XV. APPENDICES............................................................................................................. 17
4

I. Introduction and Background

On June 2, 2010, the U.S. Environmental Protection Agency (EPA) promulgated a revision to the Primary 

National Ambient Air Quality Standard (NAAQS) for sulfur dioxide (SO2), and on June 22, 2010, published 

the final rule in the Federal Register. [75 FR 35520] This revision establishes a new 1-hour SO2 standard at 

the level of 75 parts per billion (ppb). The form for the standard is the 3-year average of the 99th percentile 

of the annual distribution of daily maximum 1-hour average concentrations. This revision revokes the 

existing 24-hour and annual primary SO2 standards.

EPA anticipated initially designating areas based on 2008-2010 monitoring data or refined dispersion 

modeling conducted by states, as time and resources allowed. Areas that violated the standard would be 

designated as “nonattainment.” Areas with both monitoring data and refined modeling results showing no 

violations would be designated as “attainment.” All other areas would be designated as “unclassifiable.” 

Based on this criteria set by EPA, the State of Kansas submitted its recommendation for each of the 105 

Kansas counties to be designated as “unclassifiable” in a June 13, 2011, letter to EPA.1

On July 27, 2012, the EPA announced that it had insufficient information to complete the designations for 

the 1-hour SO2 standard within two years and extended the designations deadline to June 3, 2013.

2

 In a 

February 6, 2013, letter to Kansas Governor Sam Brownback, the EPA stated that they were proceeding to 

designate as nonattainment most areas in locations where 2009-2011 monitoring data indicate violations of 

the standard. (See Appendix A for EPA’s preliminary SO2 designations map.) EPA’s review of the 2009-

2011 monitored air quality data showed no violations in any areas of Kansas. As a result, EPA stated that 

they were not yet prepared to propose designation action in Kansas and were deferring action to designate 

areas in Kansas until additional data are gathered pursuant to EPA’s “comprehensive implementation 

strategy.”3

The Kansas Department of Health and Environment (KDHE) submitted formal comments on EPA’s 

proposed designation actions in an April 5, 2013, letter to the regulatory docket.4 KDHE disagreed with 

EPA’s deferral of designations for all areas of Kansas beyond the statutory deadline and reiterated the 

State’s recommendation that EPA designate each of the 105 Kansas counties as “unclassifiable.”

 

1

http://www.epa.gov/airquality/sulfurdioxide/designations/recletters/R7_KS_rec.pdf

2 This extension was published in the Federal Register on August 3, 2012. 77 FR 46295

3

http://www.epa.gov/airquality/sulfurdioxide/designations/eparesp/07_KS_resp.pdf

4

http://www.regulations.gov/#!documentDetail;D=EPA-HQ-OAR-2012-0322-0129
5

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

EPA Administrator that provides for implementation, maintenance, and enforcement of the NAAQS. 

Section 110(a)(2) lists the elements that are to comprise the State Implementation Plan (SIP). 

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

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

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

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

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

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

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

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

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

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

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

visibility protection

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

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

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

When the EPA promulgates a new standard or revises an existing standard, CAA Section 110(a)(1) requires 

each state to revise their SIP to demonstrate that they have the authority and programs needed to implement, 

maintain, and enforce the standard. Several of the elements listed in Section 110(a)(2) specifically address 

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

Infrastructure SIP. This document is the Kansas Infrastructure SIP revision for the revised SO2 NAAQS 

promulgated on June 2, 2010.

Most of the infrastructure requirements already are addressed in the comprehensive Section 110(a)(2) SIP 

submitted by Kansas in 1972 in response to the CAA of 1970. The Kansas revision for the 2010 federal 

SO2 air quality standard continues to affirm Kansas’ commitment to comply with the Section 110(a)(2) 

requirements and is incorporated by reference into the overall Kansas State Implementation Plan.

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

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

necessary plans, programs, and statutory authority to implement the requirements of Section 110 of the 

federal Clean Air Act (CAA) as they pertain to SO2.
6

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

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

economic incentives such as fees, marketable permits, and auctions of emissions rights), as well as 

schedules and timetables for compliance, as may be necessary or appropriate to meet the applicable 

requirements of this chapter;” [42 U.S.C. 7410(a)(2)(A)5]

The Kansas Department of Health and Environment (KDHE) fulfills the requirements of Section

110(a)(2)(A) through the Kansas Statutes, Kansas Administrative Regulations, permits, and consent orders 

and agreements. The Secretary of the KDHE has the power to adopt, amend and repeal rules and 

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

abatement, and control of air pollution in Kansas that affects air quality in Kansas, in other states, or both. 

[K.S.A. 65-3005]

The Kansas Air Quality Program, located within the KDHE’s Bureau of Air (BOA), monitors and tracks air 

pollutants across Kansas to assure that health-based standards set by the EPA are not exceeded. Data are

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

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

compliance with state and federal regulations for air pollutants. The statutory authority granted at K.S.A. 

65-3010, Emission Control Requirements, as well as Kansas Air Quality Regulations applicable to 

individual facilities, fulfills the requirements of Section 110(a)(2)(A).

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

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

necessary to—

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

(ii) upon request, make such data available to the Administrator;”[42 U.S.C. 7410(a)(2)(B)]

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

agencies, fulfills the requirements of 110(a)(2)(B). Monitoring data from 20 sites across the state are

analyzed to determine compliance with federal standards for criteria pollutants and to evaluate air quality 

trends. The quality assured data are compiled and reported to the EPA. 

Each year, in accordance with 40 C.F.R. Part 58, KDHE submits the annual monitoring network plan to 

EPA for approval. The State of Kansas 2012-2013 Ambient Air Monitoring Network Plan was approved by 

EPA in January 2013. EPA-approved monitoring plans can be found on the following EPA website: 

http://www.epa.gov/region07/air/quality/quality.htm. The monitoring plan describes the current Kansas 

SO2 monitoring network, which includes four monitors located throughout the state.

 

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

U.S.C. references are provided. See http://www.epa.gov/air/caa for more information.
7

The collection of emissions monitoring data is authorized by K.S.A. 65-3005, and authorization for the 

public availability of this data is provided by K.S.A. 65-3015.

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

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

EPA.

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

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

regulation of the modification and construction of any stationary source within the areas covered by the 

plan as necessary to assure that national ambient air quality standards are achieved, including a permit 

program as required in parts C and D of this subchapter;” [42 U.S.C. 7410(a)(2)(C)]

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

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

stationary sources. KDHE’s Bureau of Air implements and manages these programs through its Air 

Compliance and Enforcement Section and its Air Permitting Section in coordination with the Bureau of 

Environmental Field Services district offices.

The Air Compliance and Enforcement Section (ACES) is responsible for determining compliance and, if 

needed, issuing enforcement actions due to non-compliance as authorized by K.S.A. 65-3011. Air 

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

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

monitoring, recordkeeping, and reporting to demonstrate compliance as authorized by K.S.A. 65-3008 and 

65-3008b. The ACES staff uses a combination of inspections, performance test evaluations, report reviews, 

technical assistance, and enforcement actions to ensure facilities comply with the applicable air quality 

regulations and permits. Staff from KDHE’s district offices, as well as the cooperating local agencies, 

conduct inspections and investigate complaints, as authorized by K.S.A. 65-3009, and forward the results to 

the ACES staff for review and response. The ACES staff oversees performance tests through approval of 

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

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

compliance assistance. When a source violates an air quality standard, the ACES staff issues a notice of 

violation, works with the source to return them to a compliant regulatory status, and pursues formal 

enforcement action when necessary as authorized by K.S.A. 65-3011. Information about the compliance 

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

The Air Permitting Section (APS) is responsible for reviewing air quality control permit applications and 

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

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

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

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

modified. Whether a construction permit or an approval is required depends on the potential-to-emit (PTE) 

of the proposed construction or modification. The proposed construction or modification is reviewed to 

assure that potential emissions from the new or modified equipment will comply with the requirements of 
8

state and federal regulations. The construction permit program is also the vehicle by which Kansas 

implements several other federal programs that have been delegated to the state and are applicable to new or 

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

the National Emission Standards for Hazardous Air Pollutants (NESHAP), 40 C.F.R. Parts 61 and 63. Part 

63 is based on maximum achievable control technology and is usually referred to as the MACT regulations.

The Air Permitting Section also issues operating permits. The PTE of the facility determines the type of 

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

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

operating permit program satisfies the requirements of the federal Title V program and closely parallels the 

requirements of 40 C.F.R. Part 70. A Class I operating permit is required for major sources of air pollution 

and provides a complete listing of all air quality regulatory requirements in one document. The Class II 

operating permit program provides a method to reduce the PTE of a source below the major source 

thresholds and thereby allows the source to operate without a Class I operating permit. Information about 

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

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

process by issuing construction and operating permits in Wyandotte County.

 

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

permits and approvals, K.A.R. 28-19-350 applies to prevention of significant deterioration (PSD), and 

K.A.R. 28-19-500 et seq. apply to operating permits. Kansas adopted the requirements of the federal 

Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule as published on June 3, 

2010, in the Federal Register. [75 FR 31514] The Kansas regulations, K.A.R. 28-19-200a and K.A.R. 28-

19-350, were published as final regulations in the Kansas Register on November 11, 2010, and became 

effective on January 2, 2011. [Kansas Register Vol. 29, No. 45, pages 1634-1636] A Kansas SIP revision 

reflecting these changes was submitted in a final version to EPA on December 23, 2010. EPA published its 

approval of the SIP revision in the Federal Register on February 22, 2011. [76 FR 9658] In the final action, 

EPA stated: “The SIP revision Kansas submitted on December 23, 2010, (1) provides the state with the 

authority to regulate GHGs under its PSD program, and (2) establishes appropriate emissions thresholds for 

determining PSD applicability with respect to new or modified GHG-emitting stationary sources in 

accordance with EPA’s Tailoring Rule. EPA has made the determination that the December 23, 2010, SIP 

revision is approvable because it is in accordance with the CAA and EPA regulations, including regulations 

pertaining to PSD permitting for GHGs.” [76 FR 9663] The most recent amendments to K.A.R. 28-19-350 

maintain the alignment of the Kansas PSD regulation with the federal PSD regulation codified at 40 C.F.R. 

52.21. These amendments became effective on December 28, 2012, and were submitted for EPA approval 

into the Kansas SIP.6

The Kansas Department of Health and Environment (KDHE) commits to continued enforcement of control 

measures for which it has jurisdiction and to the continued oversight of local agency permitting and 

enforcement programs with respect to measures required by the CAA.

 

6 EPA proposed approval in Approval and Promulgation of Implementation Plans; State of Kansas; Infrastructure SIP 

Requirements for the 1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards, 78 FR 22827, April 17, 

2013.
9

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

“(D) contain adequate provisions—

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

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

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

State with respect to any such national primary or secondary ambient air quality standard, 

or 

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

for any other State under part C of this subchapter to prevent significant deterioration of air 

quality or to protect visibility, 

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

(relating to interstate and international pollution abatement);” [42 U.S.C. 7410(a)(2)(D)]

On November 19, 2012, EPA issued a memorandum regarding “Next Steps for Pending Redesignation 

Requests and State Implementation Plan Actions Affected by the Recent Court Decision Vacating the 2011 

Cross-State Air Pollution Rule.” In this memo, Gina McCarthy noted that “the recent CSAPR decision 

made certain holdings regarding the requirement for states to submit SIPs addressing the provisions of 

Clean Air Act section 110(a)(2)(D)(i)(I), the good neighbor provision that addresses upwind emissions 

linked to NAAQS attainment problems in downwind states. The decision states that a SIP cannot be 

deemed deficient for failing to meet the good neighbor obligation before the EPA quantifies that obligation. 

Gina McCarthy further declared that “at this time the EPA does not intend to make findings that states failed 

to submit SIPs to comply with Section 110(a)(2)(D)(i)(I). To the extent states may inquire about their 

obligations to submit SIPs addressing this provision, we believe it would be appropriate to convey that at 

this time we do not intend to make such findings with respect to section 110(a)(2)(D)(i)(I).” Therefore, 

section 110(a)(2)(D)(i)(I) is not addressed at this time.7 This submittal is intended to satisfy section 

110(a)(2)(D)(i)(II) and (D)(ii). 

KDHE conducted an analysis of actual SO2 emissions inventory data for 2007 to 2011 to demonstrate the 

declining contribution of Kansas SO2 emissions. Actual point source SO2 emissions decreased from 

125,301 tons in 2007 to 46,833 tons in 2011. Kansas point source SO2 emissions are projected to decrease 

to around 28,769 tons by 2016. (See Appendix B for details of this analysis.)

Kansas’ federally approved Prevention of Significant Deterioration (PSD) permitting program applies 

statewide, with all counties recommended to be designated unclassifiable for the 2010 SO2 NAAQS, to 

ensure that new and modified sources of pollution do not cause or contribute to violations of air quality 

standards. Section 126(a) of the Clean Air Act (CAA) directs that the SIP include provisions requiring a 

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

this requirement with a regulatory provision in K.A.R. 28-19-350(k)(2) that is consistent with 40 C.F.R.

51.166(q)(2)(iv).

 

7 EPA has not completed its Transport SIP guidance establishing technical requirements for demonstrating whether or not a state 

has transport impacts on downwind states. KDHE will review the guidance once it becomes available and apply as necessary 

should there be an EPA determination of significant contribution by Kansas with respect to the 2010 SO2 standard.
10

On December 27, 2011, EPA published final approval of the State of Kansas Regional Haze Plan, submitted 

in November 2009, with supplemental information provided in December 2011. [76 FR 80754] All 

associated Regional Haze Plan documents are available in the regulatory docket: 

http://www.regulations.gov/#!docketDetail;D=EPA-R07-OAR-2011-0675. EPA determined that the plan 

submitted by Kansas satisfies the requirements of the Clean Air Act (CAA) for states to prevent any future 

and remedy any existing anthropogenic impairment of visibility in mandatory Class I areas caused by 

emissions of air pollutants located over a wide geographic area. The State of Kansas aims to provide a fiveyear report by November 9, 2014, and a SIP revision by July 31, 2018, and every ten years after.

 

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

“(E) provide 

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

general purpose local government or governments, or a regional agency designated by the State or 

general purpose local governments for such purpose) will have adequate personnel, funding, and 

authority under State (and, as appropriate, local) law to carry out such implementation plan (and is 

not prohibited by any provision of Federal or State law from carrying out such implementation plan 

or portion thereof), 

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

7428 of this title, and 

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

agency, or instrumentality for the implementation of any plan provision, the State has responsibility 

for ensuring adequate implementation of such plan provision;” [42 U.S.C. 7410(a)(2)(E)] 

The Kansas Department of Health and Environment (KDHE) has adequate personnel, funding, and authority 

to fulfill the requirements of the SIP. As stated above in “II. Section 110(a)(2)(A) Emission limits and other 

control measures” of this document, KDHE fulfills the requirements of the SIP through the Kansas Statutes, 

Kansas Administrative Regulations, permits, and consent orders and agreements. The Bureau of Air (BOA) 

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

authorized by K.S.A. 65-3008, EPA grants authorized under Sections 103 and 105 of the Clean Air Act 

(CAA), and the State General Fund.

8

 

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

programs of the SIP. The annual budget process provides a periodic update that enables KDHE and the 

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

local agencies to provide specific commitments about future budgets (funding and staff resources), the 

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

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

programs have received state funding for more than 40 years, and since there is consistent public support in 

Kansas for providing clean air, it is reasonable to assume that implementation of the CAA mandates in 

Kansas will continue to obtain the necessary funding. 

 

8 The term “non-Title V fee” refers to those fees collected under the provisions of K.S.A. 65-3024 and K.A.R. 28-19-202 that are 

used to implement the provisions of the Kansas Air Quality Act that involve clean air act requirements other than Title V.
11

The majority of the BOA budget currently consists of dedicated funds that are collected from regulated 

emission sources and can only be used for air pollution control. These dedicated fees are periodically 

adjusted in order to provide necessary funding for the BOA programs. The last such fee adjustment was an 

increase to K.A.R. 28-19-202 Emissions Fee on November 5, 2010. Collectively, the BOA and local 

agency budgets adequately support the Kansas air program with about 53 full-time equivalent staff 

positions.

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

KDHE are subject. These requirements specifically prohibit all state and local public officials from 

participating in governmental decisions for which they have a substantial financial interest as defined at 

K.S.A. 46-229. The Secretary and employees of KDHE are required to file statements of substantial 

interests pursuant to the statutes found at K.S.A. 46-247 et seq. Specifically, the following statutes fulfill 

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

financial interests by the “head of an executive agency” responsible for issuing permits and enforcement 

orders:

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

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

jurisdiction of any state agency who are listed as designees by the head of a state agency pursuant to K.S.A. 

46-285, and amendments thereto.

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

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

The KDHE oversees local agencies to implement the Kansas Air Quality Act (Kansas Statutes Chapter 65, 

Article 30) and to provide air quality protection services. Partner agencies include:

City of Wichita Department of Environmental Services

Johnson County Environment Department

Unified Government of Wyandotte County and Kansas City-Kansas Health Department.

The KDHE commits to actively maintain programs for the enforcement of control measures included in the 

approved State Implementation Plan (SIP) and measures required by the Clean Air Act (CAA). 

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

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

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

necessary steps, by owners or operators of stationary sources to monitor emissions from such 

sources, 

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

sources, and 
12

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

established pursuant to this chapter, which reports shall be available at reasonable times for public 

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

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

facilities in Kansas. The inventory includes SO2 emissions data. KDHE posts a summary report of 

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

website (http://www.kdheks.gov/emission/data.html). The data are reported to the EPA every three years. 

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

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

regulations and other enforceable requirements, develop control and maintenance strategies, and analyze 

progress in maintaining the NAAQS.

KDHE commits to its continued oversight of the stationary source monitoring requirements and to the 

reporting of data collected by such monitoring activities as authorized respectively by K.S.A. 65-3007 and 

65-3015.

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

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

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

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

address activities causing imminent and substantial endangerment to public health or welfare or to the 

environment and adequate contingency plans to implement such authority. This authority is provided to the 

KDHE Secretary in the Kansas air quality statutes, specifically K.S.A. 65-3012 and 65-3005. 

Upon receipt of evidence that emissions present an imminent and substantial endangerment to public health 

or welfare or to the environment or that a violation is imminent or has occurred, the Secretary is granted 

authority by K.S.A. 65-3012 to direct the source owner or operator to take the necessary steps to prevent the 

act or eliminate the practice. The Secretary is authorized by K.S.A. 65-3005 to promulgate implementing 

regulations and to prepare and develop plans for the prevention, abatement, and control of air pollution, 

including emergency episodes.

Kansas’ Air Pollution Emergency Plan includes the regulations found at K.A.R. 28-19-55 et seq. that 

address excessive buildup of air contaminants during air pollution episodes in Kansas. K.A.R. 28-19-55 

addresses general provisions; K.A.R. 28-19-56 details episode criteria, specifically addressing SO2, NO2, 

PM10, CO, and ozone; K.A.R. 28-19-57 specifies emission reduction requirements; and K.A.R. 28-19-58 

specifies requirements for emergency episode plans. Emergency episode plans are required in areas that 

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

nature and scope of the emergency episode, the Secretary of KDHE has the authority to respond as 

necessary and appropriate.
13

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

amended guidance by EPA in future.

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

“(H) provide for revision of such plan—

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

secondary ambient air quality standard or the availability of improved or more expeditious methods 

of attaining such standard, and 

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

information available to the Administrator that the plan is substantially inadequate to attain the 

national ambient air quality standard which it implements or to otherwise comply with any 

additional requirements established under this chapter;” [42 U.S.C. 7410(a)(2)(H)]

The Kansas Department of Health and Environment (KDHE) is submitting a revised State Implementation 

Plan (SIP) that responds to revised air quality standards for SO2. As authorized by K.S.A. 65-3005(a)(5), 

KDHE commits to submit SIP revisions whenever revised air quality standards are promulgated by the EPA 

or when existing provisions are found to be inadequate.

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

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

applicable requirements of part D of this subchapter (relating to nonattainment areas);” [42 U.S.C. 

7410(a)(2)(I)]

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

from the Section 110 infrastructure elements and will be reviewed and acted upon through a separate 

process. 

Currently, there are no nonattainment areas for the 2010 SO2 NAAQS in Kansas. 

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

visibility protection

“(J) meet the applicable requirements of section 7421 of this title (relating to consultation), section 7427 of 

this title (relating to public notification), and part C of this subchapter (relating to prevention of significant 

deterioration of air quality and visibility protection);” [42 U.S.C. 7410(a)(2)(J)]

Section 121 requires a satisfactory process of consultation with general purpose local governments, 

designated organizations of elected officials of local governments, and any affected federal land manager in 

carrying out CAA requirements. The Secretary of KDHE is authorized by K.S.A. 65-3005(a)(8) to provide 

consultation assistance, and KDHE is required by K.A.R. 28-19-350(k) to consult with local governments, 

officials, and federal land managers before the issuance of a permit under the PSD program. 
14

The Bureau of Air’s rulemaking process for public participation fulfills the requirements of 110(a)(2)(J) and 

is conducted under the statutory authority at K.S.A. 77-421. KDHE commits to maintaining a process of 

consultation with parties designated under CAA Section 121 (42 U.S.C. 7421).

The State’s rulemaking process includes:

Department approvals

Review and approval by the Secretary of Administration and Attorney General

Notification to municipalities, counties, school boards, and neighboring states

Public hearings and comments

Filing regulations with the Secretary of State

Publication in the Kansas Register

Review by Citizens Regulatory Review Board

Review by Joint Committee on Administrative Rules and Regulations

Section 127 (42 U.S.C. 7427) requires measures that will be effective to notify the public during any 

calendar year on a regular basis of instances or areas in which any air quality standard is exceeded or was 

exceeded during any portion of the preceding calendar year, to advise the public of the health hazards 

associated with such pollution, and to enhance public awareness of measures that can be taken to prevent 

such standards from being exceeded.

KDHE maintains air quality data and other information on its website, which is available to the public. 

(http://www.kdheks.gov/bar/air-monitor) Information that can be found on the website includes:

An overview of air quality

Information regarding the NAAQS

Air pollution sources

Health effects of poor air quality

How to find out about Kansas air quality

This website also provides links to the Kansas Air Quality Monitoring Network and to AIRNow 

(http://www.airnow.gov) for live monitoring data. Also available to the public is the KDHE News Release 

website (http://www.kdheks.gov/news/index.html) that posts air quality health advisories when necessary.

KDHE commits to maintaining a public information and education program that satisfies the requirements 

of Section 127.

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

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

PSD program meets the requirements to protect visibility with the adoption of federal regulation 40 C.F.R.

52.21 in K.A.R. 28-19-350. EPA has finalized approval of the Kansas Regional Haze SIP as published in 

the Federal Register on December 27, 2011. [76 FR 80754] Legal authority to implement and develop the 

PSD program and the Regional Haze SIP exists under K.S.A. 65-3005. 
15

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

“(K) provide for—

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

of predicting the effect on ambient air quality of any emissions of any air pollutant for which the 

Administrator has established a national ambient air quality standard, and 

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

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

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

K.S.A. 65-3005(a)(9). Air dispersion modeling is used to predict ground level ambient air concentrations of 

pollutants for comparison to air quality standards. The preconstruction permitting process uses the results of 

such modeling to determine the potential impacts of pollution from a proposed source before the source is 

constructed or modified.

KDHE’s air quality modeling work is conducted in accordance with both EPA’s and KDHE’s currently 

approved modeling guidance and protocols and with Appendix W of 40 C.F.R. Part 51. KDHE commits to 

the continued use of air quality models in accordance with current guidance and protocols and to the 

continued submittal of data and modeling results to EPA.

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

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

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

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

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

and enforcing the terms and conditions of any such permit (not including any court costs or other 

costs associated with any enforcement action), until such fee requirement is superseded with respect 

to such sources by the Administrator’s approval of a fee program under subchapter V of this 

chapter;” [42 U.S.C. 7410(a)(2)(L)]

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

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

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

addition to fees directly related to the implementation and enforcement of the Kansas Title V Program, 

KDHE assesses and collects construction permit and approval fees and other non-Title V fees. The Kansas 

air program’s annual emissions fee regulation, K.A.R. 28-19-202, was last amended on November 5, 2010, 

implementing a change in fee rate and formulation as necessary to sustain the Kansas air program. The 

Kansas Department of Health and Environment (KDHE) commits to continue to implement major stationary 

source permit and emissions fee regulations as authorized by K.S.A. 65-3008 and 65-3022 through 65-3024.
16

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

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

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

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

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

Wichita Department of Environmental Services

Johnson County Environmental Department

Mid-America Regional Council

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

together to develop and annually update strategic goals, objectives, and strategies for reducing emissions 

and improving air quality. In addition, public participation in the rulemaking process is conducted in 

accordance with EPA regulations at 40 C.F.R. Part 51, Subpart F, and involves the following entities: 

League of Kansas Municipalities, Kansas Association of Counties, and Kansas Association of School 

Boards.

This participation enhances the requirements of 110(a)(2)(M).

KDHE commits to maintaining a consultation process with local political subdivisions affected by the SIP 

as authorized by K.S.A. 65-3016.
17

XV. APPENDICES
18

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19

APPENDIX A

Figure A1.

http://www.epa.gov/so2designations/pdfs/20130207map.pdf

http://www.epa.gov/so2designations/regs.html
20

APPENDIX B

Figure B1. 

Total tons SO2 - point sources

2007 2008 2009 2010 2011 [2012] [2013] [2014] [2015] [2016]

125,301 103,365 58,449 51,934 46,833 43,777 41,826 41,835 28,769 28,769
21

APPENDIX B

Figure B2.

Total tons SO2 - all source categories

2007 2008 2009 2010 2011 2012 2013 2014 2015 2016

Point 125,301 103,365 58,449 51,934 46,833 43,777 41,826 41,835 28,769 28,769

Nonpoint 2,574 2,594 2,614 2,646 2,663 2,686 2,710 2,733 2,757 2,781

Onroad 486 490 494 500 503 507 512 516 521 525

Nonroad 810 816 822 832 838 838 845 852 860 867

Anthropogenic SO2 emissions 2007-2016

Point source emissions of SO2 from 2007 through 2011 were taken from the Kansas Emissions Inventory. 

Sources included Title V and synthetic minor sources. Projected emissions estimates for 2012 through 2016 

were made by reviewing recent permit activity for all Kansas facilities with 2011 SO2 emissions greater than 

10 tons, as well as by querying the i-STEPS database for recent construction permits. For each facility found 

via these queries where significant changes in SO2 (i.e., greater than 5 tons per year) occurred, SO2 emission 

decreases (for emissions reduction projects or plant closures) and increases (for new emissions sources) 

were logged under the expected year of completion. Note that the Sunflower Electric - Holcomb Unit 2 

project was not included due to uncertainty with both its current litigation and eventual financing.

The remaining source categories of anthropogenic SO2 emissions—nonpoint and mobile (onroad and 

nonroad)—are given estimates once every three years in the National Emissions Inventory (NEI). The last 

complete NEI was conducted for 2011, and those values provided the basis for the estimates made in this 

document. The single modification made to the 2011 NEI values was to grow them based on the growth in 

the general Kansas population. For years 2012 to 2016, where the annual growth is unknown, the average 

annual growth for 2008-2011 (0.87%) was used.
Section D
PUBLIC HEARING CANCELLED – NO REQUESTS

Scheduled for June 26, 2013

Kansas Air Quality

State Implementation Plan Revision

for the

2010 Sulfur Dioxide (SO2) Primary National Ambient Air 

Quality Standard (NAAQS)
Kansas Department of Health and Environment: Planning Public Notices

http://www.kdheks.gov/bar/planning/pnplanning.html[7/2/2013 1:14:28 PM]

Public Notices

Proposed Planning Public Notices

The Public Hearing for the proposed 2010 Sulfur Dioxide (SO2) SIP Revision scheduled for Wednesday, 6-26-13

has been cancelled.

Proposed Revision of the State Implementation Plan - Maintenance and Enforcement of the 2010 National Ambient Air

Quality Standards (NAAQS) for Sulfur Dioxide (SO2).

Planning Post Public Notices

Proposed Revision of the State Implementation Plan - Compliance with Sec. 128 of Federal Clean Air Act

Kansas State Implementation Plan - Regional Haze - Submitted to EPA

1.1 Guide to Locating 40 CFR 51.308 Requirements

1.2 EPA Checklist for Regional Haze SIPs Submitted Under 40 CFR 51.308

2.1 Summary of Legal Authority, Public Participation Process, Public Comments and Responses

4.1 Summary of Federal Land Manager Comments and Responses

4.2 US Department of the Interior Comments on the Kansas Regional Haze SIP

4.3 US Department of Agriculture Comments on the Kansas Regional Haze SIP

7.1 2002 Emissions Inventory

7.2 2018 Emissions Inventory

7.3 Emissions Inventory Technical Documentation

7.4 Natural Gas Production Trends

8.1 Emissions Modeling TSD Chapter 2

8.2 Model Performance Evaluation TSD Chapter 3

8.3 Additional Supporting Analysis TSD Chapter 5

9.1 Identification of BART-Eligible Sources in the State of Kansas

9.2 Modeling Protocol Used to Determine Subject-to-BART Sources

9.3 Results of Modeling to Identify Sources Subject to BART

9.4 Guidance for Facilities Conducting a BART Analysis

9.5 BART Analysis for KCP&L - La Cygne Units 1 and 2

9.6 BART Analysis for Westar - Gordon Evans Unit 2 & Jeffrey Units 1 & 2 (incl May 2009 addendum for GEEC)

9.7 BART Agreements











Section E
Technical Support

Kansas Air Quality State Implementation Plan for the 

Implementation, Maintenance, and Enforcement 

of the 2010 Sulfur Dioxide (SO2)

National Ambient Air Quality Standard

Response to Elements of 40 C.F.R. Part 51, Appendix V, Criteria for 

Determining the Completeness of Plan Submissions, Section 2.2

1. Identification of all regulated pollutants affected by the plan. [40 C.F.R. Part 51, 

Appendix V, Section 2.2(a)]

Sulfur Dioxide (SO2) is the regulated pollutant affected by the plan.

2. Identification of the location of affected sources including the EPA 

attainment/nonattainment designation of the locations and the status of the attainment plan 

for the affected areas. [2.2(b)]

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

Maintenance, and Enforcement of the 2010 SO2 NAAQS affects the entire state of Kansas. 

Because there are no existing SO2 monitors that violate the revised standard, Kansas submitted a 

letter to EPA in June, 2011, recommending that each of the 105 counties in Kansas be designated 

as “unclassifiable” with respect to the SO2 standards revised in 2010.

A February 2013 response from EPA stated that: “the review of the most recent monitored air 

quality data from 2009-2011 shows no violations of the 2010 S02 standard in any areas in 

Kansas. Consequently, the EPA is not yet prepared to propose designation action in Kansas and 

is therefore currently deferring action to designate areas in Kansas. The EPA expects to be able 

to proceed with designation action in Kansas once additional data are gathered pursuant to our 

comprehensive implementation strategy.”

3. Quantification of the changes in plan allowable emissions from the affected sources; 

estimates of changes in current actual emissions from affected sources or, where 

appropriate, quantification of changes in actual emissions from affected sources through 

calculations of the differences between certain baseline levels and allowable emissions 

anticipated as a result of the revision. [2.2(c)]

Not applicable.
4. The State’s demonstration that the National Ambient Air Quality Standards, prevention of 

significant deterioration increments, reasonable further progress demonstration, and 

visibility, as applicable, are protected if the plan is approved and implemented. [2.2(d)]

The content of this plan has been developed to demonstrate that the infrastructure elements exist 

and are in place for Kansas to implement, maintain, and enforce the 2010 sulfur dioxide air 

quality standard. This plan submittal was developed to meet the “Criteria for Determining the 

Completeness of Plan Submissions” as codified in 40 C.F.R. Part 51, Appendix V.

5. Modeling information required to support the proposed revision, including input data, 

output data, models used, justification of model selections, ambient monitoring data used, 

meteorological data used, justification for use of offsite data (where used), modes of models 

used, assumptions, and other information relevant to the determination of adequacy of the 

modeling analysis. [2.2(e)]

Not applicable.

6. Evidence, where necessary, that emission limitations are based on continuous emission 

reduction technology. [2.2(f)]

Not applicable. 

7. Evidence that the plan contains emissions limitations, work practice standards, and 

recordkeeping/reporting requirements, where necessary, to ensure emission levels. [2.2(g)]

These elements are incorporated into the infrastructure plan.

8. Compliance/enforcement strategies, including how compliance will be determined in 

practice. [2.2(h)]

There are no changes to the compliance and enforcement strategies. The existing program 

remains in place.

9. Special economic and technological justifications required by any applicable EPA policies 

or an explanation of why such justifications are not necessary. [2.2(i)]

Not applicable. The plan revision is consistent with these policies and requirements and will 

continue to be protective of the NAAQS.