EPA Approves Kansas Plan to Charge Polluters More Money
Published Date: 1/15/2025
Proposed Rule
Summary
The EPA is proposing to approve Kansas’s updated rules for tracking pollution and charging fees to keep their air permit program running smoothly. These changes add a new fee category and update existing fees, making sure Kansas stays in sync with federal rules without affecting air quality. If you want to share your thoughts, you’ve got until February 14, 2025, to speak up!
Analyzed Economic Effects
5 provisions identified: 1 benefits, 4 costs, 0 mixed.
New HAP Emissions Fee Imposed
If your facility emits hazardous air pollutants (HAPs), Kansas adds a new HAP fee of $80.00 per ton starting in calendar year 2025 and each year after. This means facilities that report HAP tons will owe an $80.00-per-ton charge beginning in 2025.
Minimum $1,000 Facility Fee Applied Additively
Kansas keeps the $1,000 minimum facility fee but, starting in calendar year 2025, applies it in addition to the per-ton criteria fee and the new HAP fee. That means facilities will pay the $1,000 base facility fee plus any per-ton fees beginning in 2025.
Class II Fee Schedule Matches Class I
Kansas establishes a Class II annual emissions fee schedule for calendar year 2025 and beyond that sets fees at $56 per ton of criteria emissions and $80 per ton of HAP emissions, and adds submittal, late fee, and refund rules. Class II FESOP sources will follow these same per-ton fee rates and new submission rules starting in 2025.
Criteria Emissions Fee Rises to $56/ton
Kansas increases the criteria emissions fee from $53.00 per ton (effective through 2024) to $56.00 per ton for calendar year 2025 and beyond. Facilities that report criteria pollutant tons will pay $56.00 per ton starting in 2025.
Annual Submission Deadline Moved to April 1
Kansas changes the annual deadline for permits-by-rule Class II sources (and those with actual emissions less than 50% of major thresholds) to submit their annual emissions inventory and fees from February 15 to April 1 each year. This shifts the required submission date to April 1 starting with the rule as written.
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