Recent Amendments to K.A.R 28-19-11, K.A.R 28-19-300 and K.A.R 28-19-304 on November 18, 2016



On November 18, 2016, the Kansas Department of Health & Environment (KDHE) published final amendments to the Kansas Air Regulations (K.A.R) that affect construction permitting thresholds, fees for construction approvals and permits and excess emissions related to startup/shutdown, malfunctions and scheduled maintenance events.

The following is a summary of the regulatory citations affected by the recent changes:

  1. K.A.R 28-19-300 – Construction permits and approvals; applicability
  2. K.A.R 28-19-304 – Construction permits and approvals; fees
  3. K.A.R 28-19-11 – Enforcement discretion due to startup, shutdown, malfunctions, or scheduled maintenance.

Inclusion of PM2.5 Permitting Threshold

Prior to the amendments to 28-19-300, there was no state permitting threshold for particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers (PM2.5) listed in 28-19-300.  KDHE has added PM2.5 to 28-19-300 and included a construction permit threshold of 10 tpy.  Facilities are now required to obtain a construction permit prior to starting construction for construction activities that will increase emissions of PM2.5.  Note, PM2.5 still does not have a construction approval threshold.  Please refer to K.A.R 28-19-300 (A) for this revision.

Change in Construction Approval/Permit Fees

Prior to the amendments to 28-19-304, the construction permit fee was calculated based on the capital cost of the proposed activity, and there were no fees for construction approvals.  The new construction permit fee structure is based on the facility source category, major source status and complexity of the construction permit application review.  The new construction approval fee schedule requires a fee of $750.  Please refer to K.A.R 28-19-304 to estimate the permit application fee for your next construction project.

Updates to the Excess Emissions Exceptions

KDHE amended K.A.R 28-19-11 (2c) to clarify exemptions for excess emissions from startup, shutdown, malfunctions or scheduled maintenance events. Excess emissions may result in potential enforcement actions based on frequency, severity and other factors. Please refer to  K.A.R 28-19-11 (2c) for the updated rule.

If you need help with air permitting in Kansas, please contact Trinity's Kansas City Office at (913) 894-4500.