25 Aug State of Kansas Department of Health and Environment Notice of Hearing on Proposed Air Quality Regulations
The Kansas Department of Health and Environment (KDHE), Division of Environment, Bureau of Air, has published proposed amendments to its air quality regulations K.A.R. 28-19-517 regarding Class I operating permits, annual emissions inventory, and fees; K.A.R. 28-19-546 regarding Class II operating permits, annual emission inventory, and fees; and K.A.R. 28-19-564 regarding Class II operating permits, permits-by-rule, and sources with actual emissions less than 50 percent of major source thresholds.
Public Hearing – The agency will conduct a public hearing at 10:00 a.m. Thursday, November 3, 2022, in Room 530, Curtis State Office Building, 1000 SW Jackson, Topeka, Kansas. During the hearing members of the public may submit written and oral comments.
Comment Period – A 60-day public comment period on the proposed regulations has begun and will end on 5:00 p.m. on the day of the hearing. Comments may be submitted to Douglas Watson, Air Monitoring and Planning Section, KDHE, Bureau of Air, 1000 SW Jackson, Suite 310, Topeka, KS 66612-1366, or by email to kdhe.boaregsipcomments@ks.gov, or by fax to 785-559-4256.
Complete copies of the proposed regulations and the corresponding economic impact statements and environmental benefit statements may be obtained from the KDHE Bureau of Air public notice website at https://www.kdhe.ks.gov/413/Public-Notices or by emailing a request to kdhe.boaregsipcomments@ks.gov, or contacting Douglas Watson at 785-296-0910. Questions pertaining to the proposed regulations should be emailed to kdhe.boaregsipcomments@ks.gov or directed to Douglas Watson at 785-296-0910.
Find this announcement and more information here.
Summary:
K.A.R. 28-19-517. Class I operating permits; annual emissions inventory and fees. KDHE is proposing revisions to K.A.R. 28-19-517 Class I source annual emissions inventory and fee requirements. The proposed amendments will require all Class I sources to utilize the KDHE electronic emissions inventory submission system. Effective upon promulgation of these amendments, KDHE will no longer accept paper submissions for annual inventory and the associated paper submittal fees will be eliminated. KDHE is proposing to increase the emissions fee schedule from the existing $1,000 base fee or $53.00 per ton of emissions to the sum of an annual facility fee of $1,000 for all sources, $56.00 per ton of criteria emissions fee, and $80.00 per ton of hazardous air pollutant (HAP) fee. The proposed fee changes will become effective January 1, 2025.
K.A.R. 28-19-546. Class II operating permits; annual emission inventory and fees. KDHE is proposing to amend K.A.R. 28-19-546 to establish a Class II fee schedule and clarify inventory submission requirements on which the fees are based. Proposed amendments include language outlining procedures for submitting annual emissions inventory electronically, currently implemented using the KDHE electronic emissions inventory submission system, and annual emission fees beginning in calendar year 2025 of $56.00 per ton of criteria emissions and $80.00 per ton of hazardous air pollutant emissions. Additional provisions are being proposed to establish late fee and refund requirements for both inventory and fees.
K.A.R. 28-19-564. Class II operating permits; permits-by-rule; sources with actual emissions less than 50 percent of major source thresholds. KDHE is proposing to amend K.A.R. 28-19-564 paragraph (e) to require all permits-by-rule Class II sources and those with actual emissions less than 50 percent of major source thresholds to submit annual emissions inventory and fees by April 1 of each year (currently February 15) as required by the proposed K.A.R. 28-19-546.
Economic Impact:
Cost to the regulated community: Class I sources required to submit an annual emissions inventory pursuant to K.A.R. 28-19-517 will incur a cost in emission fees ranging from $1,000 to $56–$80 per ton of emissions beginning in calendar year 2025. KDHE projects an increase in annual cost to the regulated community from the proposed fees beginning in 2025 compared to 2021 to be approximately $171,000 for the facility fee, $117,564 for criteria emissions fee and $222,013 for HAP emissions fee. KDHE estimates the total costs that are reasonably expected to be incurred by the regulated community to be approximately $510,577 in 2025.
Class II sources required to submit an annual emissions inventory pursuant to K.A.R. 28-19-546 and 28-19-564 will incur a cost in emission fees ranging from $1,000 to $56–$80 per ton of emissions beginning in calendar year 2025. KDHE projects an increase in annual cost to the regulated community from the proposed fees beginning in 2025 to be approximately $572,497 for criteria emissions fee and $43,730 for HAP emissions fee. KDHE estimates the total costs that are reasonably expected to be incurred by the regulated community to be approximately $616,227 in 2025.