Wednesday, September 22, 2010

Kansas Greenhouse Gas, GHG, Tailoring Rule

The Kansas Department of Health and Environment has proposed new air quality regulation K.A.R. 28-19-200a, regarding general provisions and definitions to implement the federal greenhouse gas (GHG) tailoring rule, and proposed amended air quality regulation K.A.R. 28-19-350, regarding prevention of significant deterioration (PSD) of air quality.

The proposed new regulation K.A.R. 28-19-200a and amendment to K.A.R. 28-19-350 will align State air quality regulations with the revised federal regulations for the Title V and PSD programs to implement the federal Title V GHG Tailoring Rule. The proposed regulatory actions incorporate the modified definition of ‘‘major source’’ and the new definition for ‘‘subject to regulation’’ in K.A.R. 28-19-200a to update the Title V program and update the adoption by reference of 40 C.F.R. 52.21 in K.A.R. 28-19-350 to align the state PSD program with the federal program.

These proposed regulatory actions are needed for the state of Kansas to retain the primary authority to implement the PSD and Title V programs and retain the ability to issue permits for both programs.

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