Volume 41 - Issue 34 - August 25, 2022
State of Kansas
Department of Health and Environment
Notice of Hearing on Proposed Administrative Regulations
The Kansas Department of Health and Environment (KDHE), Division of Environment, Bureau of Air, 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, to consider the adoption of proposed amended air quality regulation K.A.R. 28-19-517 regarding Class I operating permits, annual emissions inventory, and fees; the adoption of amended air quality regulation K.A.R. 28-19-546 regarding Class II operating permits, annual emission inventory, and fees; and the adoption of amended air quality regulation 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. Upon adoption of these regulations, KDHE will submit the Class II operating permit regulations to the U.S. Environmental Protection Agency (USEPA) for approval into the State Implementation Plan (SIP) and the Class I operating permit regulation as a revision to the approved State of Kansas Part 70 Operating Permit Program.
A summary of the proposed regulations and estimated economic impact follows:
Summary of Regulations:
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:
The proposed amendments impose no additional costs to the implementing agency, other governmental agencies, units, or the general public.
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.
A detailed economic impact is provided in the economic impact statement for K.A.R. 28-19-517 and in the economic impact statement for K.A.R. 28-19-546 and 28-19-564 that are available from the designated KDHE contact staff person or at the KDHE Bureau of Air public notice website, as listed below.
The time period between the publication of this notice and the scheduled hearing constitutes a 60-day public comment period for the purpose of receiving written public comments on the proposed regulations. All interested individuals are encouraged to submit written comments prior to 5:00 p.m. on the day of the hearing to Douglas Watson, Air Monitoring and Planning Section, Kansas Department of Health and Environment, Bureau of Air, 1000 SW Jackson, Suite 310, Topeka, KS 66612-1366, by email to kdhe.boaregsipcomments@ks.gov, or by fax to 785-559-4256.
During the hearing, all interested parties will be given a reasonable opportunity to present their views orally on the proposed regulations as well as an opportunity to submit their written comments. It is requested that each individual giving oral comments also provide a written copy of the comments for the record. In order to give each individual an opportunity to present their views, it may be necessary for the hearing officer to request that each presenter limit an oral presentation to an appropriate time frame.
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, by contacting Douglas Watson at 785-296-0910 or by fax to 785-559-4256. Questions pertaining to the proposed regulations should be emailed to kdhe.boaregsipcomments@ks.gov or directed to Douglas Watson at 785-296-0910.
Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed regulations and the economic impact statements and environmental benefit statements in an accessible format. Requests for accommodation to participate in the hearing should be made at least five working days in advance of the hearing by contacting Douglas Watson at 785-296-0910 or emailing kdhe.boaregsipcomments@ks.gov.
Any updated information on how to participate in the public hearing will be provided on the KDHE Bureau of Air public notice website specified in this notice of hearing.
Janet Stanek
Secretary
Doc. No. 050447
