Volume 45 - Issue 16- April 16, 2026

State of Kansas

Department of Health and Environment

Notice of Amendment to Kansas Air Quality Construction Permit

Notice is hereby given that the Kansas Department of Health and Environment (KDHE) is soliciting comments regarding the amendment of a previously issued air quality construction permit. BCE Mach III, LLC – Jahay 6H, 14201 Wireless Way, Suite 300, Oklahoma City, OK 73134, owns and operates the stationary source located at S6 T34S R10W, Hazelton, KS 67061; Latitude: 37.12219, Longitude: -98.44973. Certain requirements were found to no longer be appropriate in the construction permit dated February 9, 2023. These requirements are being modified. Emissions of volatile organic compounds (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 (PM_2.5), carbon monoxide (CO), oxides of nitrogen (NO_X), oxides of sulfur (SO_X), and hazardous air pollutants (HAPs) were evaluated during the permit review process. Only those provisions that are being revised by this permit action are open for comment at this time.

A copy of the proposed permit modification, permit application, all supporting documentation, and all information relied upon during the permit application review process are available for public review from the date of publication during normal business hours at the KDHE, Bureau of Air (BOA), 1000 SW Jackson, Suite 310, Topeka, KS 66612-1366, and at the KDHE Southwest District Office, 302 W. McArtor Rd., Dodge City, KS 67801. To obtain or review the permit modification and supporting documentation, contact Emilee Agnew at the central office of KDHE at 785-296-1581, and to review the proposed permit modification only, contact Ethel Evans at the KDHE Southwest District Office at 620-356-1075. 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.

Please direct written comments or questions regarding the proposed modification to Emilee Agnew, 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. May 18, 2026.

A person may request a public hearing be held on the proposed permit modification. 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 Emilee Agnew, KDHE, BOA, 1000 SW Jackson, Suite 310, Topeka, KS 66612-1366, no later than 12:00 p.m. May 18, 2026, in order for the Secretary of Health and Environment to consider the request.

The preceding notice refers to the air permit for BCE Mach III, LLC – Jahay 6H located at S6 T34S R10W, Hazelton, KS 67061; Latitude: 37.12219, Longitude: -98.44973. 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 BCE Mach III, LLC – Jahay 6H ubicado en S6 T34S R10W, Hazelton, KS 67061; Latitude: 37.12219, Longitude: -98.44973. 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
Kansas Department of Health and Environment

Doc. No. 054049