Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-81 - Environmental impact monitoring

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) On or before
			 April 1 of each year, the department of health and environment shall notify the
			 owner or operator of each power generation facility of any environmental impact
			 monitoring activities that the Department proposes to conduct at the facility
			 during the 12 month period commencing on July 1 of that year. This proposal
			 shall include the information required to be reported under the provisions of
			 K.A.R. 28-19-80 (a) and shall reflect consideration of any proposals received
			 by the Department under the provisions of that regulation.
(b) At the time of giving notice, as required
			 by subsection (a) of this regulation, the Department also shall notify the
			 owner or operator of the facility of the fee to be collected for determining
			 and monitoring the environmental impact of the power generation facility,
			 including any quality review and evaluation of monitoring proposed to be
			 conducted by the owner or operator of the facility. The fee shall be computed
			 in accordance with K.A.R. 28-19-82 on the basis of reasonable estimates of
			 costs of the department of health and environment for the conduct of these
			 activities during the proposed 12 month monitoring period.
(c) If, upon receipt of the notices provided
			 for in subsections (a) and (b) of this regulation, the owner or operator of a
			 facility who has submitted a monitoring program proposal in accordance with the
			 provisions of subsection (a) of K.A.R. 28-19-80 believes the monitoring
			 activities to be conducted represent an avoidable duplication of effort and
			 expense, the owner or operator may request that the Department modify the
			 monitoring activities to be conducted. The request shall be submitted, in
			 writing, within 30 days of the receipt of the notices and shall identify the
			 basis upon which duplication is alleged.
(d) Upon receipt of the notices provided for
			 in subsections (a) and (b) of this regulation the owner or operator of a
			 facility who has not submitted a monitoring proposal in accordance with the
			 provisions of subsection (a) of K.A.R. 28-19-80 may submit a monitoring
			 proposal providing the information required by that regulation and additional
			 information indicating the proposed date by which this plan is to be fully
			 placed into effect. This plan shall be submitted to the Department in writing
			 not later than 30 days after receipt of the notices. Any facility owner or
			 operator submitting a plan in accordance with this subsection may request that
			 the Department consider this plan and modify the proposals provided under the
			 provisions of subsection (a) of this regulation in order to avoid any
			 specifically identified duplication of effort and expense between monitoring
			 activities proposed to be carried out by the Department and those proposed to
			 be carried out under the plan. This request shall be in writing and shall be
			 submitted with the plan.
(e)
			 Within 30 days of receipt of a request as provided for by subsections (c) or
			 (d), the Department shall review the request and make a final determination of
			 the monitoring activities that it will conduct at the facility. When possible
			 these activities shall avoid duplication of effort and expense between
			 activities approved to be carried out by the owner or operator of the facility
			 and those to be carried out by the Department. The Department shall notify the
			 owner or operator of the facility, in writing, of that determination and the
			 basis upon which it was made. If the monitoring activities to be conducted at
			 the facility by the Department are modified due to the request, the Department
			 shall recompute the monitoring fee and notify the owner or operator of the new
			 fee.
(f) All fee remittances shall
			 be made payable to the state of Kansas, power generating facility fee fund, and
			 shall be paid annually on or before July 1.
(g) The department of health and environment
			 shall prepare a report that describes the nature and findings of each
			 environmental impact monitoring activity that has been conducted at any power
			 generation facility under the provisions of this regulation. This report shall
			 be provided for each 12 month monitoring period proposed under the provisions
			 of subsection (a) of this regulation. A copy of this report shall be sent to
			 the owner or operator of these facilities not more than 120 days after the end
			 of the monitoring period.
(h) The
			 department of health and environment shall prepare a final fiscal report that
			 computes its actual costs for each power generating facility environmental
			 impact monitoring activity conducted under the provisions of this regulation.
			 This report shall cover the 12 month period reported under subsection (g) of
			 this regulation. A copy of this report shall be sent to the owner or operator
			 of each monitored facility at the same time that the report required by
			 subsection (g) is sent.
(i) The
			 department of health and environment shall determine an adjusted fee to be
			 applicable to each facility for which environmental impact monitoring
			 activities have been conducted. This fee shall be calculated in accordance with
			 the provisions of K.A.R. 28-19-82 using the cost figures included in the
			 reports required by subsection (h) of this regulation. This adjusted fee shall
			 be compared with the fee originally paid by the owner or operator for the same
			 period under the provisions of subsection (f). If the Department finds that the
			 adjusted fee is more than the fee originally paid by the source owner or
			 operator, it shall:
(1) add the difference
			 between the adjusted fee and the original fee that is established under
			 subsections (b) or (e) to the next annual fee for the facility, or any other
			 facility owned or operated by the same person; or
(2) if no new monitoring fees are proposed
			 for those facilities by the following April 1, the Department shall
			 subsequently provide the owner or operator with written notice that an
			 additional fee equal to this difference is to be paid by the following July 1.
			 If the Department finds that the adjusted fee is less than the original fee
			 paid, it shall deduct the difference between the adjusted fee and the original
			 fee from the next annual fee that is established under subsections (b) and (e)
			 for the facility, or any other facility owned or operated by the same person.
			 The source owner or operator shall pay any fee determined in accordance with
			 this subsection in the manner prescribed by subsection (f).