WHAT'S NEW:

No recent state activity has been identified.

AIR EMISSIONS REGULATIONS:

Air Quality Status	All areas are in attainment. EPA's Nonattainment Areas
Major Source Threshold	PTE 250 tons (100 tons for listed sources) of any criteria pollutant in attainment areas
Minor Source Permitting Exemption	Sources smaller than 400 hp
Minor Source Treatment	Emissions limits on SO2, PM, opacity and NOx
Emergency Generating Limits	PTE based on 500 hours

DE MINIMIS EXEMPTIONS

If the source is smaller than 400 hp it is exempt from permitting as long as it does not trigger any federal programs.

MINOR SOURCE PERMITTING

Dispersion modeling may be required for minor sources. If the source is found to have a significant impact on the ambient air quality the state will attempt to give an applicant options for avoiding an ambient impact such as raising the stack or taking limits in the permit. Typically the permit will have emission limits for NOx, SO2, particulate, and opacity. In addition, sources firing liquid fuel cannot emit more than 2.5 lb/MMBtu of SO2 and units burning natural gas are limited to 500 ppm for SO2.

There is no public comment period for minor sources. A 30 day comment period will be granted if one is requested by interested parties. The state usually takes about 60 days to issue the permit.

MAJOR NSR/PSD PERMITTING

A potential to emit 250 tons per year (100 tpy for listed sources) of a criteria pollutant triggers PSD in attainment areas.

TREATMENT OF EMERGENCY ENGINES

The potential to emit for an emergency generator is based on 500 hours per year of operation. However, if the unit operates more than 500 hours it no longer qualifies and its potential to emit is based on full time operation unless the owner takes a permit with an operating limit. Units can only be operated during a power outage and for maintenance. There is no specific limit on maintenance hours, however if it is not clear that the unit has been operated in accordance with state requirements the state will make a common sense determination as to whether the unit is in compliance or not.

SITING REQUIREMENTS FOR NON-UTILITY GENERATORS:

The Commission has no siting requirements for customer owned CHP or distributed generation projects.

BUILDING, ZONING AND FIRE CODES:

Building Codes: Kansas has adopted the 2006 ICC family of codes [1] for state facilities only. Therefore, the 2006 IBC applies to construction managed by Kansas’ Facilities Planning office. The Kansas Fire Prevention Code requires that buildings meet the 2000 IBC at a minimum, although jurisdictions may adopt more stringent local codes [2].

Energy Codes: Kansas has adopted the 2006 IECC with no amendments to apply to commercial and industrial buildings.

• Kansas Energy Programs Division

Fire Codes: The Kansas Fire Prevention Code is enforced for all construction. Localities may pass more strict codes but may not pass less strict codes. The Kansas Fire Prevention Code requires that buildings meet the 2000 IBC at a minimum, although jurisdictions may adopt more stringent local codes [3]. Currently for commercial buildings, the 1991 NFPA Life Safety Code is also enforced. Legislation is in progress, and codes may be updated during the 2009 or 2010 state legislative session.

• Kansas State Fire Marshal

(Information related to the Kansas Fire Prevention Code was provided personally by the Fire Marshal’s office 9/4/08)

Zoning: Zoning and planning happens at the local level. Check with each jurisdiction regarding their zoning codes.

Resources (information may not be as current as provided above)

A general overview of each state’s enacted codes can be found HERE.

The International Code Council Adoption page gives state-by-state adoption status of specific ICC codes, as well as information about code adoption by some municipal governments within that state.

Information about energy codes can be found at the DOE’s Building Codes for Energy Efficiency page or at the Building Codes Assistance Project

INTERCONNECTION REQUIREMENTS:

On July 23, 2003, in Docket 04-GIME-080-GIE, the Kansas Corporation Commission (KCC) required jurisdictional electric utilities to file their interconnection procedures and process containing: 1) A flow chart describing the utility's review process (i.e. at what rating does an application require a higher level of analysis, etc.); 2) A standard form to be completed by the applicant for interconnection; 3) A specified parallel generator size below which there is a described and truncated standard approval process, technical requirements, standard contract and application fee (i .e.," small interconnection"). 4) The standard small interconnection technical requirements, including specifications and drawings, as well as the standard contract and application fee. 5) A description of the approval process, technical requirements, standard contract and fee calculation for parallel generation that exceeds the size for the small interconnection. 6) Time required for approval of small interconnection applications and for larger interconnection applications.

On August 7, 2007, the Kansas Corporation Commission (KCC) issued an order in docket 07-GIME-104-GIV (based on EPAct 2005 requirements) that no changes to the state's interconnection standards were necessary.

Currently all jurisdictional Kansas utilities ( Westar Energy, Kansas City Power and Light, Empire District Electric, Midwest Energy, Pioneer Electric Cooperative, Wheatland Electric Cooperative, Mid Kansas Electric Company, Sunflower Electric Company, and Kansas Electric Power Cooperative) have filed complying tariffs.

For information regarding the requirements of nonjurisdictional utilities to interconnect with parallel generators see Kansas Statute K.S.A. 66-1,184.  Kansas statutes can be viewed at http://www.kslegislature.org/legsrv-statutes/index.do

For more information contact your electric generation and distribution utility, or the KCC.

Kansas Corporation Commission

1500 SW Arrowhead Road
Topeka, KS 66604-4027
785-271-3100
Fax: 785-271-3354

Email: public.affairs@kcc.ks.gov

EXIT FEES:

There is no statewide policy on exit fees. However, no utility charges them.

UTILITY STANDBY RATES:

Kansas does not have a statewide policy on standby rates.

Kansas City Power & Light Co - Schedule LPS: Standby service is provided when customers enter into a contract with the utility for a specified amount of contract demand that also involves technical and safety requirements. There is both a facilities demand and billing demand charge. Both demands are based on the maximum 30 minute demand of the month, the facilities demand charge has a 12 month ratchet whereas the billing demand charge does not. Detailed rate information is available at: http://www.kcpl.com/about/ratesrules.html

Westar Energy Inc: Standby Service Rider - Standby service is offered to customers who contract with the utility for a specific amount of standby demand and maintenance energy. The Electric Service Agreement determines the rate schedule under which the customer will be charged. Typical billing demands are based on the higher of the maximum 15 minute demand of the month or 85% of the maximum demand from the previous period of June-Sept. Detailed rate information is available at: http://www.westarenergy.com/corp_com/contentmgt.nsf/tariffnorth?openview