Kansas Administrative Regulations
Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT
Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL
Section 28-19-517 - Class I operating permits; annual emissions inventory and fees
Universal Citation: KS Admin Regs 28-19-517
Current through Register Vol. 43, No. 39, September 26, 2024
The owner or operator of each stationary source that is required to apply for a class I operating permit shall comply with this regulation.
(a) Annual emissions inventory.
(1) Each owner or operator shall
electronically submit to the department an annual emissions inventory for each
stationary source for the year preceding the calendar year in which the source
is required to apply for an operating permit and each year
thereafter.
(2) Each annual
emissions inventory shall be submitted for any regulated pollutant deemed
necessary by the secretary from each emission unit, as defined in
K.A.R.
28-19-200, and shall include the following:
(A) All operating information;
(B) actual emissions, including fugitive
emissions, calculated pursuant to
K.A.R.
28-19-210;
(C) any quantity of emissions regardless of
operating hours, including sources that did not operate; and
(D) emissions from each source only while
operating in Kansas, if the source operates both in Kansas and out of
state.
(b) Annual emissions fees. Each owner or operator shall pay to the department annual emissions fees calculated by the department based on information provided in the annual emissions inventory as follows:
(1) For calendar years 2022, 2023, and 2024,
the annual emissions fees shall be the greater of the following:
(A) $1,000.00; or
(B) $53.00 per ton of emissions multiplied by
the total number of tons of emissions, with a maximum of 4,000 tons of each of
the following pollutants rounded to the nearest ton:
(i) Sulfur dioxide;
(ii) nitrogen oxides;
(iii) PM10;
(iv) volatile organic compounds (VOCs);
and
(v) hazardous air pollutants
(HAPs), excluding HAPs already accounted for as VOCs or PM10.
(2) For calendar year
2025 and for each subsequent calendar year, the annual emissions fees shall be
the sum of the facility fee, the hazardous air pollutant (HAP) emissions fee,
and the criteria emissions fee as follows:
(A)
The facility fee shall be $1,000.00.
(B) The HAP emissions fee shall be $80.00 per
ton of emissions multiplied by the total number of tons of HAP emissions
rounded to the nearest ton.
(C) The
criteria emissions fee shall be $56.00 per ton of emissions multiplied by the
total number of tons of emissions, with a maximum of 4,000 tons of each of the
following pollutants rounded to the nearest ton:
(i) Sulfur dioxide;
(ii) nitrogen oxides;
(iii) PM10, excluding PM10 emissions already
accounted for as HAP emissions in paragraph (b)(2)(B); and
(iv) volatile organic compounds (VOCs),
excluding VOC emissions already accounted for as HAP emissions in paragraph
(b)(2)(B).
(c) Submittal.
(1) Each annual emissions inventory shall be
signed by a responsible official, as defined in
K.A.R.
28-19-200, and shall be due on or before
April 1 of each year or, if April 1 is a Saturday or Sunday, on or before the
next business day following April 1.
(2) Each payment for the annual emissions
fees shall be payable to the Kansas department of health and environment by
check, bank draft, credit card, or money order. Each payment shall be due on or
before April 1 of each year or, if April 1 is a Saturday or Sunday, on or
before the next business day following April 1.
(3) If there is a change in the owner or
operator of the stationary source, the owner or operator at the time the
submission is due shall be responsible for submitting the annual emissions
inventory and annual emissions fees. For purposes of determining the annual
emissions inventory required by subsection (a) for any period in which there
was any other owner or operator of the stationary source, the owner or operator
may assume current operating and emission information if the owner or operator
is unable to obtain actual information from any previous owner or
operator.
(d) Late fee and refund.
(1) Each owner or operator who
fails to submit the annual emissions inventory and pay the annual emissions
fees by the due date specified in subsection (c) shall pay a late fee. The late
fee shall be $200.00 per day or 0.10 percent of the annual emissions fees per
day, whichever is greater.
(2) Any
overpayment of $100.00 or more made by the owner or operator of a stationary
source may be refunded. Overpayments in any amount less than $100.00 shall not
be refunded.
Disclaimer: These regulations may not be the most recent version. Kansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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