Kansas Air Permits

Air permits & authorizations

• Construction Approval

  Registration / Notice

  Required when a construction permit is not, for new sources or modifications above approval thresholds, most minor NSPS and NESHAP sources, and sources accepting operational restrictions under K.A.R. 28-19-302(c). Fee $750 per application (K.A.R. 28-19-304(a)).

  Thresholds (summarized from source, not a quotation)

  Per KDHE overview (2016): PM 5 lb/hr; agricultural PM10 5 lb/hr; other PM10 2 lb/hr; SO2/SO3 2 lb/hr; CO 50 lb/24-hr; VOC 50 lb/24-hr (15 lb/24-hr or 3 lb/hr in Wyandotte or Johnson counties); NOx 50 lb/24-hr; lead 0.1 lb/hr.

  K.A.R. 28-19-300(b)Official page

• State Construction Permit

  Minor NSR

  Required for new sources and modifications where potential-to-emit reaches the permit threshold, plus Title IV affected sources, most incinerators, and new major HAP sources. Land clearing and equipment purchase may occur before the permit; foundation work may not.

  Thresholds (summarized from source, not a quotation)

  Per KDHE overview (PTE, tons/yr): PM 25; PM10 15; agricultural PM/PM10 100; SO2/SO3 40; CO 100; VOC 40; NOx 40; lead 0.6; single HAP 10; combined HAPs 25.

  K.A.R. 28-19-300(a)Official page

• Class II Permits-by-Rule

  Permit by Rule

  Available for reciprocating engines, organic solvent evaporative sources, hot mix asphalt facilities, and low-emitting sources. $50 fee.

  Thresholds (summarized from source, not a quotation)

  Low-emitting sources: actual emissions below 50% of major source thresholds (restated from KDHE).

  K.A.R. 28-19-500(b) seriesOfficial page

• Class II Operating Permit (FESOP)

  State Operating

  Lowers potential to emit through federally enforceable limits. Fees: initial $200, modification $100, general application $50.

  K.A.R. 28-19-500(b)Official page

Major NSR (PSD & nonattainment)

• Prevention of Significant Deterioration

  PSD

  Adopts portions of 40 CFR 52.21.

  Thresholds (summarized from source, not a quotation)

  Per KDHE overview: major source 100 tons/yr PTE for listed categories, 250 tons/yr otherwise. Significance levels include CO 100, NOx 40, SO2 40, PM 25, PM10 15, PM2.5 10, VOC 40, lead 0.6, GHG 75,000 tons CO2e.

  K.A.R. 28-19-350Official page

Title V operating permits

• Class I Operating Permit (Title V)

  Title V

  Consolidates all air requirements; satisfies Title V. Also required for Title IV sources, CAA §129(e) incinerators, non-exempt NSPS/NESHAP sources, and NSPS WWW landfills. Fees: initial $3,000, renewal $3,000, significant modification $1,500.

  Thresholds (summarized from source, not a quotation)

  Per KDHE overview: individual HAP 10 tons/yr or more; combined HAPs 25 tons/yr or more; any other regulated pollutant 100 tons/yr or more.

  K.A.R. 28-19-500(a)Official page

Oil & Gas

KDHE notes gas well drilling and completion are subject to NSPS OOOO (40 CFR 60.5375(a)), and initial drilling requires a Gas Well Notification Form. Other oil and gas activities may need a construction permit or approval; compressor engines can use the reciprocating engine Class II permit-by-rule.

• Gas Well Notification

  Registration / Notice

  Notification for initial gas well drilling subject to NSPS OOOO.

  40 CFR 60.5375(a)Official page

• Class II permit-by-rule: reciprocating engines

  Permit by Rule

  Permit-by-rule for reciprocating engines.

  Official page

State air regulations

• K.A.R. 28-19-300 to 28-19-304Construction permits and approvals; fees
• K.A.R. 28-19-350Prevention of significant deterioration
• K.A.R. 28-19-500 seriesOperating permits (Class I and Class II)

Forms

• Process/Equipment Description Forms
• Permit and Approvals Information Sheet
• Gasoline Dispensing Standard Construction Permit/Approval

Guidance

• Overview of Kansas Air Quality Program (Rev. 8, 2016)
• Air Construction Permit FAQs
• Air Operating Permit FAQs
• Air Permit Modeling
• Permit Technical Guidance

Compliance

State compliance obligations (reporting, emissions inventory, testing) are being indexed. Use the Compliance dashboard preview to see how they will be tracked.

Sources

• KDHE Bureau of Air Permitting
• KDHE Overview of Kansas Air Quality Program

Editorial note: Thresholds come from KDHE's 2016 program overview, which says to consult the official regulations before final decisions. Local air agencies in Kansas were not reviewed.