Volume 45 - Issue 17- April 23, 2026
State of Kansas
Department of Health and Environment
Notice of Proposed Kansas Air Quality Construction Permit
Notice is hereby given that the Kansas Department of Health and Environment (KDHE) is soliciting comments regarding a proposed air quality construction permit. Evergy, Inc. – Crooked Creek Energy Center (Evergy) has applied for an air quality construction permit in accordance with the provisions of K.A.R. 28-19-300 to construct a new natural gas-fired electric power generation facility to be located 15001 1700 Rd., Benedict, KS 66714. Emission of particulate matter (PM), PM with less than or equal to 10 micrometers in aerodynamic diameter (PM10), PM with less than or equal to 2.5 micrometers in aerodynamic diameter (PM2.5), volatile organic compounds (VOC), oxides of nitrogen (NOX), sulfur dioxides (SO2), carbon monoxide (CO), lead, sulfuric acid mist (H2SO4), hazardous air pollutants (HAPs), and greenhouse gases (GHG) as carbon dioxide equivalent (CO2e) were evaluated during the permit review process.
The permit is to be issued in accordance with the provisions of K.A.R. 28-19-350, Prevention of Significant Deterioration (PSD), which adopt the federal standards, procedures, and requirements of 40 CFR 52.21 by reference. These air quality regulations apply to major stationary emission sources located in areas designated as “attainment” under the federal Clean Air Act (CAA). Attainment areas are areas where the air quality meets or is better than the national ambient air quality standards (NAAQS).
The PSD regulations require evaluation of emission reduction techniques to identify the Best Available Control Technology (BACT) for each regulated pollutant, including GHG, for which the emission rate exceeds the PSD significant emission rates. The purpose of BACT is to affect the maximum degree of reduction achievable, taking into account energy, environmental, and economic impacts for each pollutant under review. Evaluation of the estimated potential emissions for the proposed project indicates that the emission rates of NOX, CO, PM, PM10, PM2.5, VOC, H2SO4, and GHGs (as CO2e) exceed the significance levels. Evergy conducted the required BACT analyses. KDHE has reviewed Evergy’s BACT analyses and concurs with its findings.
An ambient air quality impact analysis was performed on the air emissions of NOX, CO, PM10, and PM2.5 from the proposed project. Likewise, a Modeled Emission Rates for Precursors (MERPS) analysis was performed for both ozone (O3) and secondary PM2.5 for this project. The analyses demonstrated no significant impact on ambient air quality for NOX, CO, PM10, PM2.5, and O3.
On July 30, 2025, this project established the minor source baseline dates for PM10 and PM2.5. This project is the first PSD increment consuming source in Wilson County for PM10 and PM2.5. Maximum increment consumption from the PSD increment modeling results were included in the permit summary document. The minor source baseline date for NO2 for Wilson County was already established on August 28, 1989.
No assessment of visibility impacts at a Class I area was performed by Evergy because there are no Federal Class I areas located within 300 kilometers (km) of the proposed project. Evergy did a visibility impact analysis for two local Class II areas, i.e., ABC Park and Cross Park. The ABC Park is located approximately 14.39 km away and Cross Park is located approximately 22.74 km away from project center. Results of the visibility analyses showed that the proposed project will have no adverse impact on visibility of Federal Class I nor Class II areas.
A public comment period has been established to allow citizens the opportunity to express any concerns they may have about this proposed permitting action. The public comment period is to begin on Thursday, April 23, 2026 and end on Tuesday, May 26, 2026. All comments should be submitted in writing by 12:00 p.m. Tuesday, May 26, 2026, to Ankit Poudyal Chhetri at KDHE, Bureau of Air (BOA), 1000 SW Jackson, Suite 310, Topeka, KS 66612-1366 or presented at the public hearing.
Any member of the public may request to hold a public hearing to receive comments on the proposed issuance of the draft air quality construction permit. A written request to hold a public hearing should be sent to the attention of Ankit Poudyal Chhetri, KDHE, BOA, 1000 SW Jackson, Suite 310, Topeka, KS 66612-1366 or by fax to 785-559-4256 and must be received by 12:00 p.m. Tuesday, May 26, 2026.
If a pertinent request is received, a public hearing will be scheduled by KDHE. If no pertinent requests to hold the public hearing are received by 12:00 p.m. Tuesday, May 26, 2026, there will be no public hearing conducted. A notice of the cancellation will be posted at the KDHE website at https://www.kdhe.ks.gov/413/Public-Notices.
A copy of the proposed permit, permit application, all supporting documentation, and all information relied upon during the permit application review process are available for public review for a period of 30 days from the date of publication during normal business hours (8:00 a.m. to 5:00 p.m.) at the KDHE BOA, 1000 SW Jackson, Suite 310, Topeka, KS 66612-1366. Also, a copy of the proposed permit only can be reviewed at the Southeast District Office, 308 W. 14th St., Chanute, KS 66720. To obtain or review the proposed permit and supporting documentation, contact Ankit Poudyal Chhetri at the central office of KDHE at 785-296-0365, and to review the proposed permit only, contact Ryan Jack in the Southeast District Office at 620-431-2390. The standard departmental cost will be assessed for any copies requested. The proposed permit, accompanied with supporting information, is available, free of charge, at the KDHE BOA Public Notice website at https://www.kdhe.ks.gov/413/Public-Notices.
The preceding notice refers to the air permit for Evergy, Inc. – Crooked Creek Energy Center located at 15001 1700 Rd., Benedict, KS 66714. If you want more information or you have other questions, please contact the KDHE Non-Discrimination coordinator and call 785-296-5156 or send an email to: KDHE.NonDiscrimination@ks.gov. [El aviso anterior se refiere al permiso de aire para Evergy, Inc. – Crooked Creek Energy Center ubicado en 15001 1700 Rd., Benedict, KS 66714. Si desea obtener más información en español o tiene otras preguntas, por favor, comuníquese con el Coordinador de No Discriminación de KDHE y llame al 785-296-5156 o envíe un correo electrónico a: KDHE.NonDiscrimination@ks.gov.]
Janet Stanek
Secretary
Kansas Department of Health and Environment
Doc. No. 054081
