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Publications iconKansas Register

Volume 42 - Issue 25 - June 22, 2023

State of Kansas

Department of Health and Environment

Notice Concerning Proposed Kansas Air Quality Prevention of Significant Deterioration Construction Permit Modification

Notice is hereby given that the Kansas Department of Health and Environment (KDHE) is soliciting comments regarding a revision to a previously issued air quality construction permit. Amsted Rail applied for an air quality construction permit in accordance with the provisions of K.A.R. 28-19-300 to modify the process for the pressure pouring station at their facility located at 7111 Griffin Rd., Kansas City, Kansas. Emission of particulate matter (PM), PM with aerodynamic diameter equal to or less than 10 microns (PM10), PM with aerodynamic diameter equal to or less than 2.5 microns (PM2.5) volatile organic compounds (VOCs), oxides of nitrogen (NOX), oxides of sulfur (SOX), and carbon monoxide (CO) were evaluated during the permit review process.

The permit modification 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” under the federal Clean Air Act (CAA). Attainment areas are areas where the air quality meets or is better than the National Ambient Air Quality Standards (NAAQS).

The revisions proposed by Amsted Rail include a re-evaluation of the Best Available Control Technology (BACT) limits for PM and NOX set for the pressure pouring station. Less than significant increases will occur in emissions of PM and NOX as a result of the proposed revisions to the pressure pouring station.

The PSD regulations require evaluation of emission reduction techniques to identify the BACT for each regulated pollutant 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 project indicates that the emission rate of oxides of nitrogen, sulfur dioxide, carbon monoxide, particulate matter, and volatile organic compounds do not exceed the significance levels. Amsted Rail conducted the required BACT analyses for PM and NOX. The department has reviewed Amsted’s BACT analyses and concurs with their findings.

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 I area because the proposed modification does not exceed the PSD significance level and is not expected to impact visibility.

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 is to begin Thursday, June 22, 2023 and end at 12:00 p.m. Monday, July 24, 2023. All comments should be submitted in writing to Ryan Bowles, Unified Government Public Health Department/Division of Air Quality, 619 Ann Ave., Kansas City, KS 66101 or presented at a 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. A written request to hold a public hearing should be sent to the attention of Ryan Bowles at the address listed above or by fax to 785-559-4256 and must be received by 12:00 p.m. Monday, July 24, 2023.

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 can be reviewed, at the Unified Government Public Health Department/Division of Air Quality, 619 Ann Ave., Kansas City, KS 66101. To obtain or review the proposed permit and supporting documentation, contact Ryan Bowles, 913-573-6700, at the Unified Government Public Health Department/Division of Air Quality. 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

Janet Stanek
Department of Health and Environment

Doc. No. 051252