Volume 44 - Issue 43 - October 23, 2025
State of Kansas
Department of Health and Environment
Notice of Proposed Kansas Air Quality Construction Permit and Public Hearing
Notice is hereby given that the Kansas Department of Health and Environment (KDHE) is soliciting comments regarding a proposed air quality construction permit. Evergy, Inc. – Viola Energy Center (Evergy) has applied for an air quality construction permit in accordance with the provisions of K.A.R. 28-19-300 to construct a new electric power generation facility to be located near the corner of N. Milan Rd. and W. 50th Ave. North, Conway Springs, Sumner County, KS 67031. Emissions of oxides of nitrogen (NOX), carbon monoxide (CO), volatile organic compound (VOC), particulate matter (PM), PM with less than or equal to 10 microns in aerodynamic diameter (PM10), PM with less than or equal to 2.5 microns in aerodynamic diameter (PM2.5), oxides of sulfur (SOX), sulfuric acid mist (H2SO4), lead (Pb), hazardous air pollutants (HAPs), and greenhouse gases (GHGs), as carbon dioxide equivalent (CO2e), were evaluated during the permit review process.
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” or “unclassifiable” under the federal Clean Air Act (CAA). Attainment/unclassifiable 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, including GHGs, for which the emission rate exceeds the PSD significant level. The purpose of BACT is to affect the maximum degree of reduction achievable, taking into account energy, environmental and economic impacts for each pollutant under review. Evaluation of the estimated emissions for the proposed electric power generation facility indicates that the emission rates of NOX, CO, PM, PM10, PM2.5, VOC, H2SO4, and GHGs all exceed the PSD significance levels. Evergy conducted the required BACT analyses. KDHE has reviewed Evergy’s BACT analyses and concurs with its findings.
An ambient air quality impact analysis was performed on the air emissions of NOX, CO, PM10, and PM2.5 from the proposed project. Likewise, a Modeled Emission Rates for Precursors (MERPS) analysis was performed for both ozone (O3) and secondary PM2.5 for this project. The analyses demonstrated no significant impact on ambient air quality for NOX, CO, PM10, PM2.5, and O3.
On December 10, 2024, this project established the minor source baseline dates for NO2, PM2.5, and PM10. This project is the first PSD increment consuming source in Sumner County. Maximum increment consumption from the PSD increment modeling results were included in the permit summary document.
No assessment of visibility impacts at a Class I area was performed by Evergy because there are no Federal Class I areas located within 300 kilometers of the proposed project. Evergy did a visibility impact analysis for two local Class II areas, i.e., two city parks located within the project’s significant impact area (Milan City Park and Conway Springs City Park). Milan City Park is located 8.2 kilometers away and Conway Springs City Park is located 7 kilometers away. Results of Level 1 VISCREEN analysis indicate that the proposed project could impact visibility at sensitive areas. Thus, a more refined site-specific Level 2 VISCREEN analysis was conducted for the two city parks. Results for Level 2 VISCREEN analysis indicate that there are no exceedances of the screening criteria inside or outside of the two areas. Therefore, there are no potential visibility impacts for Milan City Park and Conway Springs City Park that would require additional analysis.
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 begins Thursday, October 23, 2025, and ends Monday, November 24, 2025. Written comments should be submitted to Arwa Alrefaai Monday, November 24, 2025, at KDHE, Bureau of Air, 1000 SW Jackson, Suite 310, Topeka, KS 66612-1366 or presented at the public hearing.
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. Written requests to hold a public hearing should be sent to the attention of Arwa Alrefaai, KDHE, Bureau of Air, 1000 SW Jackson, Suite 310, Topeka, KS 66612-1366 or by fax to 785-559-4256, and must be received by 12:00 p.m. Monday, November 24, 2025. If a request is received, a public hearing will be held at 6:00 p.m. Tuesday, November 25, 2025, at Diamond Springs, 112 S. Osborn Rd., Milan, KS 67105. If no requests to hold the public hearing are received by 12:00 p.m. Monday, November 24, 2025, the scheduled public hearing will be cancelled. A notice of the cancellation will be posted on the KDHE BOA Public Notice website at https://www.kdhe.ks.gov/413/Public-Notices.
If a hearing is conducted, all interested parties will be given a reasonable opportunity to present their views orally or by submission of written materials during the hearing. In order to give all parties an opportunity to present their views, it may be necessary to limit oral presentations to a specific time limit. Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed materials in an accessible format. Requests for accommodation must be made no later than Wednesday, November 12, 2025, by contacting the Bureau of Air at 785-296-5231.
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 South Central District Office, 300 W. Douglas, Suite 700, Wichita, KS 67202-2921. To obtain or review the proposed permit and supporting documentation, contact Arwa Alrefaai at the central office of KDHE at 785-368-7030, and to review the proposed permit only, contact Joshua Webb in the South Central District Office at 316-337-6020. 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 Evergy, Inc. – Viola Energy Center located near the corner of N. Milan Rd. and W. 50th Ave. North, Conway Springs, Sumner County, KS 67031. 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 Evergy, Inc. – Viola Energy Center ubicado cerca de la Esquina de N. Milan Rd. and W. 50th Ave. North, Conway Springs, Sumner County, KS 67031. 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. 053577
