Publications iconKansas Register

Volume 40 - Issue 9 - March 4, 2021

State of Kansas

Department of Health and Environment

Notice Concerning Proposed Kansas Air Quality
Class I Operating Permit Significant Modification
and Modification of PSD Construction Permit

Notice is hereby given that the Kansas Department of Health and Environment (KDHE) is soliciting comments regarding a proposed air quality operating permit. Evergy, Inc. – Osawatomie Generating Station has applied for a Class I operating permit significant modification in accordance with the provisions of K.A.R. 28-19-510 et al. The purpose of a Class I permit is to identify the sources and types of regulated air pollutants emitted from the facility; the emission limitations, standards, and requirements applicable to each source; and the monitoring, record keeping, and reporting requirements applicable to each source as of the effective date of permit issuance. Notice is also given that the Prevention of Significant Deterioration (PSD) construction permit dated July 24, 2002 (C-3857) and amended on July 29, 2016 (C-13497) is being modified.

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 level. The change in emissions from modifying the PSD construction permit will not exceed the PSD significant level, thus a new BACT analysis was not necessary. Since modifying the PSD construction permit will not exceed the PSD significance level, the project will have no significant impact on the ambient air quality.

No assessment of visibility impacts at a Class I area was performed by the facility because there are no Federal Class I areas located within 300 km of the proposed facility. The facility did not conduct a visibility impact analysis for a local Class II area because the proposed modification does not exceed the PSD significance level and is not expected to impact visibility.

Evergy, Inc., 818 S. Kansas Ave., Topeka, KS 66601, owns and operates an electricity generating facility located at 32808 Lone Star Rd., Paola, Miami County, KS 66071.

A copy of the proposed permits, permit application, all supporting documentation, and all information relied upon during the permit application review process are available for public review during normal business hours of 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 and at the Northeast District Office (NEDO), 800 W. 24th St., Lawrence, KS 66046. To obtain or review the proposed permit and supporting documentation, contact Stephen Bartels, 785-296-6024, at the central office of the KDHE or Pat Simpson, 785-330-8611, at the NEDO. 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,

Please direct written comments or questions regarding the proposed permit to Stephen Bartels, KDHE, BOA, 1000 SW Jackson, Suite 310, Topeka, KS 66612-1366. In order to be considered in formulating a final permit decision, written comments must be received no later than 12:00 p.m. Monday, April 5, 2021.

A person may request a public hearing be held on the proposed permit. The request for a public hearing shall be in writing and set forth the basis for the request. The written request must be submitted to Stephen Bartels, KDHE BOA, 1000 SW Jackson, Suite 310, Topeka, KS 66612-1366, no later than 12:00 p.m. Monday, April 5, 2021 in order for the Secretary of Health and Environment to consider the request.

The U.S. Environmental Protection Agency has a 45-day review period, which will start concurrently with the public comment period, within which to object to the proposed permit. If the EPA has not objected in writing to the issuance of the permit within the 45-day review period, any person may petition the administrator of the EPA to review the permit. The 60-day public petition period will directly follow the EPA’s 45-day review period. Interested parties may contact KDHE to determine if the EPA’s 45-day review period has been waived.

Any such petition shall be based only on objections to the permit that were raised with reasonable specificity during the public comment period provided for in this notice, unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or unless the grounds for such objection arose after such period. Contact Keith Johnson, U.S. EPA, Region 7, Air Permitting and Compliance Branch, 11201 Renner Blvd., Lenexa, KS 66219, 913-551-7960, to determine when the 45-day EPA review period ends and the 60-day petition period commences.

Lee A. Norman, M.D.

Doc. No. 048906