Kansas New Source Review regulations & environmental compliance analysis

Kansas New Source Review : What you need to know

Governing Law and Regulations

Construction permits: Kansas Administrative Regulations (KAR) 28-19-300 to 28-19-304

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Nonattainment new source review (NSR): KAR 28-19-16 to 28-19-16m and 40 CFR 52.870

Nonattainment areas: 40 CFR 81.317

Prevention of Significant Deterioration (PSD): KAR 28-19-350, 40 CFR 52.870, and 40 CFR 52.884

Ambient air ceilings: KAR 28-19-350(f)

Public participation: KAR 28-19-350(k)

Regulatory Agencies

Kansas Department of Health and Environment (KDHE) Division of Environment Bureau of Air

Wyandotte County-Kansas City, Kansas Health Department Department of Air Quality

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Kansas requires new and modified sources of air pollution that emit above the established thresholds to apply for and obtain a construction permit. A construction permit must be obtained before the modification of an existing source or the installation of a new emissions source begins.

Kansas is currently in attainment with all of the National Ambient Air Quality Standards (NAAQS) for the various criteria pollutants. Therefore, new major sources and major modifications to existing sources are not subject to the requirements of nonattainment NSR at this time. However, such sources and changes are subject to PSD requirements. The state administers a state implementation plan (SIP)-approved PSD program. The Kansas PSD regulations are adopted and incorporated by reference from the current federal PSD requirements, with minor exceptions. See the national section NEW SOURCE REVIEW for more information on nonattainment NSR and PSD.

Major sources must also comply with the Title V ...

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