Volume 44 - Issue 44 - October 30, 2025
State of Kansas
Department of Health and Environment
Notice of Proposed Kansas Air Quality Construction Permit Modification
Notice is hereby given that the Kansas Department of Health and Environment (KDHE) is soliciting comments regarding a proposed modification to a previously issued air quality construction permit. Kansas City, Kansas Board of Public Utilities – Nearman Creek Power Station (BPU) has applied for an air quality PSD construction permit modification. BPU applied to modify the startup and shutdown provisions in the PSD construction permit dated October 12, 2004 and modified October 18, 2005. 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, hazardous air pollutants (HAPs), and sulfuric acid mist were evaluated during the permit review process. Only those provisions that are being revised by this permit action are open for comment at this time.
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 for which the emission rate exceeds the PSD significant emission rates. The modification project does not exceed the PSD significant emission rates, so KDHE did not re-evaluate BACT during the permit review.
An ambient air quality impact analysis was performed on the air emissions of PM10, NO2, and CO from the proposed project. The analysis demonstrated no significant impact on ambient air quality.
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 October 30, 2025, and end December 1, 2025. All comments should be submitted in writing to Stephen Bartels, KDHE/Bureau of Air, 1000 SW Jackson, Suite 310, Topeka, KS 66612-1366.
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 Stephen Bartels, KDHE/Bureau of Air, 1000 SW Jackson, Suite 310, Topeka, KS 66612-1366 or by fax at 785-559-4256, and must be received by 12:00 p.m. December 1, 2025.
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, Bureau of Air (BOA), 1000 SW Jackson, Suite 310, Topeka, KS 66612-1366. Also, a copy of the proposed permit only can be reviewed at the Wyandotte County Division of Air Quality, Kansas City, KS 66101. To obtain or review the proposed permit and supporting documentation, contact Stephen Bartels at the central office of KDHE at 785-296-6421, and to review the proposed permit only, contact Jennifer Stewart in the Wyandotte County Division of Air Quality at 913-573-6700. 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 Kansas City, Kansas Board of Public Utilities – Nearman Creek Power Station located at 4240 N. 55th St., Kansas City, KS 66104. 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 Kansas City, Kansas Board of Public Utilities – Nearman Creek Power Station ubicado en 4240 N. 55th St., Kansas City, KS 66104. 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
Department of Health and Environment
Doc. No. 053603
