Kansas' environmental regulations strive to balance the prudent conservation of environmental resources and sensitivity to the operation of our industries. For environmental/regulatory questions relating to site selection, please contact the Kansas Department of Commerce and we will put you in touch with the appropriate Kansas Department of Health and Environment (KDHE) official to assist your company.

AIR

Kansas’ clean air is not only healthy … It also translates into simpler, less expensive requirements for industries considering a Kansas location. With the exception of ozone-maintenance agreements in Wyandotte and Johnson counties, and an area of less than one square mile in Saline County, the entire state is an air quality attainment area. In fact, Kansas City is the first and largest metropolitan region in the country re-designated as an attainment area according to the federal clean air standards for ozone. Because of the state’s compliance with the national ambient air quality standards, air emissions quality restrictions are limited.

WATER

Water covers 459 square miles of Kansas. Even so, water quality and availability vary across the state. Most businesses requiring 10 acre-feet or less of water annually (3,258,500 gallons) from municipalities can be easily accommodated, as most Kansas municipalities have future growth needs factored into their water rights.

ENVIRONMENTAL REGULATION

Most of the state’s environmental regulations are administered by the Kansas Department of Health and Environment (KDHE). That agency also has authority to issue many federal environmental permits. The KDHE’s main office is in Topeka with district offices throughout the state that can address questions involving air, water, waste and remediation. The district offices are located in Chanute, Wichita, Dodge City, Hays, Salina and Lawrence. The Surface Mining Office is located in Frontenac.

A few Kansas counties – Johnson, Sedgwick and Shawnee – also have their own environmental inspection bureaus. Wyandotte County has its own environmental agency through which many state permits are written and issued.

The most common types of permits are outlined in the chart within this section. If you think your business may need a permit, license or other approval from the KDHE, please contact that department before you start your business or project. If you are planning to purchase or acquire a business facility or structure, please check with the KDHE first, since not all permits, licenses and approvals are transferable from one owner to the next.

OBTAINING ENVIRONMENTAL PERMITS

Because many permits are industry and location specific, an initial meeting between your company, the KDHE and an environmental consultant of your choice can serve as a valuable planning tool. The following process is generally used to obtain environmental permits:

1. Company meets with the KDHE to discuss its proposed operations.
2. The KDHE provides relevant permit/license applications.
3. Company completes the application(s). Information such as detailed engineering reports, specifications and quantity and characteristics of anticipated waste are requested. Application(s) and supporting documentation are submitted to the KDHE.
4. The KDHE reviews the application(s). Information that is justified as being confidential by the company is kept confidential by the KDHE. If the proposed waste is a federally regulated pollutant, such as a hazardous waste, portions of the application are sent to the EPA for approval.
5. After being reviewed for completeness and approved by the KDHE (and the EPA if necessary), the project is usually subject to a 30-day public notice period. Requirements on when construction may begin vary depending on permit types. This detail should be clarified with the KDHE early in the permit process.

HELP IS AVAILABLE

The KDHE has a public advocate to direct businesses to the best possible resources for environmental questions. In many cases, the best technical assistance can be found through the KDHE’s network of district offices located in:

Chanute – (620) 431-2390
 
Wichita – (316) 337-6020

Dodge City – (620) 225-0596

Hays – (785) 625-5663

Salina – (785) 827-9639

Lawrence – (785) 842-4600

Frontenac – (620) 231-8540 (Surface Mining Only)

Compliance inspectors in each office, specializing in waste, water, air and remediation, can work with company officials to ensure that the proper procedures are followed to obtain the appropriate permits. The Public Advocate can be contacted at (785) 766-8045.

The KDHE also provides specialized assistance for businesses with fewer than 100 employees. The Small Business Environmental Assistance Program is operated on behalf of the KDHE by the Pollution Prevention Institute at Kansas State University. This program is designed to help small businesses understand the permitting process and learn about options for preventing pollution without having to obtain a permit and to provide on-site consulting on a variety of environmental issues. This program can be accessed at (800) 578-8898.

Permitting Data and Contacts
Activities Requiring Permits	Permitting Authority	When to Apply	Approval Time Frame	Notes
Air Emissions-Construction Permit	KDHE Bureau of Air (785) 296-1570	When design complete -must have permit prior to commencement of construction	40 to 120 Days	Fees differ by emission source and type- Time frame depends on need for public notice
Air Emissions- Construction Permit- Major facilities	KDHE Bureau of Air (785) 296-1570	When design complete -must have permit prior to commencement of construction	180+ Days	Sources subject to the prevention of significant deterioration (40 CFR Part 52) requirements
Air Emissions- Construction Approval	KDHE Bureau of Air (785) 296-1570	When design complete -must have permit prior to commencement of construction	40 to 60 Days	Approval application fee not required
Wastewater Discharge or Storage	KDHE Bureau of Water (785) 296-5545	At least 180 days prior to discharge initiation	180 Days	For facilities that discharge or treat wastewater
Storm Water Control	KDHE Bureau  of Water (785) 296-5545	Notice of intent prior to operation of facility-Some localities require notification 180 days prior to operation of facility	Some localities require notification 180 days prior to operation of facility	For industries discharging storm water from manufacturing, processing or raw materials
Construction Activities	KDHE Bureau of Water (785) 296-5545	60 days prior to when construction activity begins	N/A	Storm water construction activity permit is required for construction activities involving clearing, grading and excavation of land that is one acre or larger
Confined Feeding Facilities (Livestock)	KDHE Bureau  of Water (785) 296-6432	180 days in advance or before construction for large swine	6 Months	Larger feeding operations are subject to siting requirements
Filling Flood Plains	Department of Agriculture (785) 296-2933	On completion of plans-cities that are identified as flood hazard areas may also require a locally issued permit	3 to 6 Months	For placement of fill material in flood plain
Water Use	Department of Agriculture (785) 296-2933	On-site selection	12 Months	For companies requiring installation of water wells or water diversion structures
Solid Waste Disposal Industrial Landfills	KDHE Bureau of Waste Management (785) 296-1600	When site is selected and facility plans are complete	9 Months	Allows company to construct and operate on-site landfills for wastes generated on the premises
Solid Waste Disposal Construction & Demolition Landfills	KDHE Bureau of Waste Management (785) 296-1600	When site is selected facility plans are complete, and local government approvals are obtained regarding zoning and consistency with the county solid waste plan	9 Months	Allows company to construct and operate landfills to accept wastes generated in the construction and demolition of structures and land clearing
Hazardous Waste Facilities (Treatment, Storage or Disposal)	KDHE Bureau of Waste Management (785) 296-1609	When site is selected and facility plans are complete	2 Years	No permit required for generation only, unless storage time exceeds 90 days
Hazardous Waste Transporters	KDHE Bureau of Waste Management (785) 296-1603	Transporters must register prior to transport of waste	2 Weeks	Transporters, generators and facilities pay monitoring fees
Operation of Underground and Above-Ground Storage Tanks	KDHE Bureau of Environmental Remediation (785) 296-1678	Permits for above-ground and underground tanks are issued for a calendar year beginning August 1	Approx. 1 Month	Compliance information is collected throughout the year and submitted prior
Operating Coal Mines	KDHE Bureau of Environmental Remediation Surface Mining Section (620) 231-8540	Coal mining permit	About 8 Months depending on the site
Dry Cleaning Facilities	KDHE Bureau of Environmental Remediation (785) 296-6370	Register within 30 Days of start-up	1 Week	Annual registration plus gross receipts fee paid throughout the year