K A N S A S

RODERICK L. BREMBY, SECRETARY KATHLEEN SEBELIUS, GOVERNOR

DEPARTMENT OF HEALTH AND ENVIRONMENT

DIVISION OF ENVIRONMENT

Bureau of Air & Radiation

Air Construction/Operating Permits & Compliance Section

CURTIS STATE OFFICE BUILDING, 1000 SW JACKSON ST., STE 310, TOPEKA, KS 66612-1366

Voice 785-296-1570 Fax 785-291-3953 http://www.kdhe.state.ks.us

Printed on Recycled Paper

AIR EMISSION SOURCE

CLASS I OPERATING PERMIT

Source ID No.: 1250015

Effective Date: May 20, 2004

Revised Date: June 30, 2004

Expiration Date: May 19, 2009 

Source Name: The Heartland Cement Company

SIC Code: 3241, Portland Cement Manufacturing Industries

NAICS Code: 327310 Cement Manufacturing

Source Location: Cement Street

Independence, KS 67301

Mailing Address: P.O. Box 428

Independence, KS 67301
Authority

This permit, developed in accordance with the provisions of K.A.R. 28-19-500 et seq., 

Operating Permit, meets the requirements of K.A.R. 28-19-510 et seq., Class I Operating Permits 

and Title V of the federal Clean Air Act.

Permit Intent

The purpose of this Class I Air Operating Permit is to identify the emission sources, types of 

regulated air pollutants emitted from the facility, the emission limitations, standards and 

requirements applicable to each emission source, and the monitoring, record keeping and 

reporting requirements applicable to each source as of the effective date of this permit. At the 

time of permit issuance, a Class I Air Emission Source Operating Permit was required because 

the facility’s potential-to-emit PM10, NOx, SOx, and CO is above 100 tons per year and the 

potential to emit a single Hazardous Air Pollutant (HAP) is above 10 tons per year.
TABLE OF CONTENTS

Section Page

Facility Description..........................................................................................................................4

Summary of Applicable Requirements............................................................................................4

Emission Source Information...........................................................................................................5

Applicable Requirements.................................................................................................................5

Facility-Wide Applicable Requirements........................................................................................15

Opacity Monitoring........................................................................................................................17

Requirements Which Will Become Applicable During the Permit Term .....................................18

Permit Shield..................................................................................................................................18

Testing, Monitoring, Recordkeeping, and Reporting.....................................................................19

Reporting of Deviations from Permit Terms.................................................................................19

General Provisions.........................................................................................................................20

1. K.A.R. 28-19-11: Exceptions Due to Breakdowns or Scheduled Maintenance ............20

2. K.A.R. 28-19-752a: Hazardous Air Pollutants; Limitations Applicable to

Construction of New Major Sources or Reconstruction of Existing Major Sources......21

3. K.A.R. 28-19-753: Hazardous Air Pollutants; Limitations Applicable to Sources

for Which the U.S. EPA Fails to Meet Certain Deadlines..............................................21

4. Permit Term and Renewal ..............................................................................................22

5. Severability .....................................................................................................................22

6. Property Rights ...............................................................................................................22

7. Compliance .....................................................................................................................22

8. Compliance Certification................................................................................................23

9. Emergency.......................................................................................................................23

10. Inspection and Entry .......................................................................................................24

11. Permit Amendment, Modification, Reopening, and Changes Not Requiring a

Permit Action..................................................................................................................24

12. Duty to Provide Information ...........................................................................................25

13. Duty to Supplement ........................................................................................................25

14. Other Permits and Approvals; Applicability...................................................................25

15. Submissions....................................................................................................................26

Attachment A.Site Diagram

Attachment B. Acronyms and Symbols

Attachment C. Emission Sources Listed with Their Applicable Requirements 
Attachment D.Opacity Monitoring Summary

Facility Description

The plant produces cement using the dry process from raw materials from the on-site quarry and 

off-site sources. Calcareous, siliceous, and argillaceous raw materials are mined at the quarry and 

are crushed at the plant. Initially, these are staged at the plant in piles. These raw materials are 

ground and dried in the raw mill and mixed in the blending silos. From the blending silos, the 

raw kiln feed is fed to the dry process cement kilns. The kilns are fixed by coal/coke and natural 

gas. The hot clinker from the kilns are cooled in the clinker coolers and stored in the clinker 

building. The clinker is ground with gypsum in various proportions in the finishing mills to 

produce different types of cement which are stored in silos. Grinding aid used in the finishing 

mills include glycol based materials and tall oil soap solutions. From the silos, the cement is 

either shipped out in bulk by trucks and rail cars or in packaged form. Various types of 

mechanical and pneumatic conveyors and elevators are used for material handling. Fabric filters 

are unitized throughout the plant fro product recovery and pollution control. The kiln exhausts 

are used for generating steam for on-site captive power generation and drying of raw materials. 

Fabric Filters are used for controlling kiln emissions. Clinker cooler emissions are controlled by 

a combination of cyclones and the clinker cooler fabric filter. The waste heat boilers for 

generating power now fire natural gas. The plant operations also include support services such as 

maintenance, transportation, etc. 

Summary of Applicable Requirements

K.A.R. 28-19-20. Particulate Matter Emission Limitation.............................................................5

K.A.R. 28-19-30 through K.A.R. 28-19-32, Emission Limitations Indirect Heating Equipment .15

K.A.R. 28-19-55 through K.A.R. 28-19-58, Emergency Episode Plans .......................................15

K.A.R. 28-19-202, Annual Fee Payment .......................................................................................15

K.A.R. 28-19-210, Calculation of Actual Emissions.....................................................................15

K.A.R. 28-19-517, Annual Emission Inventory ............................................................................15

K.A.R. 28-19-645, Open Burning..................................................................................................15

K.A.R. 28-19-650, Emissions Opacity Limits.................................................................................7

K.A.R. 28-19-735, Which Adopts by Reference 40 CFR Part 61, Subpart A and NESHAP

for Asbestos, Subpart M ................................................................................................................16

K.A.R. 28-19-750, Which Adopts by Reference 40 CFR Part 63, Subpart A and NESHAP

for Portland Cement Manufacturing, Subpart LLL..........................................................................9

40 CFR Part 68, Chemical Accident Prevention Provisions..........................................................16

40 CFR Part 82, Protection of Stratospheric Ozone ......................................................................16

Emission Source Information
 5  22

A list of emission sources including emission source IDs, emission source descriptions, 

Stack/Vent ID’s, and Control Equipment ID Numbers is included as Attachment C.

Applicable Requirements

The following provides a listing of the regulatory and permit requirements that are applicable to 

the facility and the method(s) the facility will use to comply with the requirements. A listing of 

the sources subject to each of the specific regulatory classifications, if any, is provided as 

Attachment C.

A. Kansas Administrative Regulations 

A.1 K.A.R. 28-19-20, Particulate matter emission limitations - Processing 

Equipment

Limitation/

Standard:

PM emissions are limited according to the following equations: for Process weight 

< or = 30 tons/hr, E = 4.1(P0.67), for Process weight > 30 tons/hr, E = 55(P0.11) - 40. 

Where: E = the rate of emissions in lb/hr, P = the process weight rate in tons/hr

Monitoring Due to potentially very low or nonexistent emissions, no 

monitoring is required at time of permit issuance. If, however, any

factors change that would affect the potential particulate matter 

emission rate (process changes, emission factor increases, fuel 

changes, etc.), the potential particulate matter emission rate must be 

recalculated and evaluated against the rule limitation.

Permit 

Condition

Recordkeeping Records shall be maintained to ensure that this particulate matter 

emission source is in compliance with the particulate matter 

emission rate limitation. If, however, any factors change that would 

affect the potential particulate matter emission rate, records shall be 

maintained of any recalculations and evaluations. These records 

shall include the design rate capacity of the unit, emission factors 

used in calculations and potential/allowable emission rates.

Permit 

Condition

A.2 K.A.R 28-19-31, Indirect Heating Equipment, 1. Particulate Matter Emission 

Limitation 2. Opacity Limitations

1. 

Limitation/

Particulate matter emissions are limited to the amount determined by the following 

equation:
 6  22

Standard:

A = 

1.026

I

0.233

Where:

A = the allowable emission rate in lb/106 BTU

I = the total heat input in 106 BTU/hr [K.A.R. 28-19-31(a)]

Monitoring Due to potentially very low or nonexistent emissions, no 

monitoring is required at time of permit issuance. If, 

however, any factors change that would affect the 

potential particulate matter emission rate (process 

changes, emission factor increases, fuel changes, etc.), the 

potential particulate matter emission rate must be 

recalculated and evaluated against the rule limitation.

Permit 

Condition

Recordkeeping No recordkeeping is required at time of permit issuance. 

If, however, any factors change that would affect the 

potential particulate matter emission rate, records shall be 

maintained of any recalculations and evaluations. These 

records shall include the design rate capacity of the unit, 

emission factors used in calculations and 

potential/allowable emission rates.

Permit 

Condition

2. 

Limitation/

Standard:

The owner or operator shall not cause or permit visible contaminant emissions from 

any indirect heating equipment which equals or exceeds 20 percent opacity except 

as provided in K.A.R. 28-19-11. [K.A.R. 28-19-31(b)(2)]

Monitoring Due to potentially very low or nonexistent emissions 

because of operation on natural gas, no monitoring is 

required at time of permit issuance. If the operation 

changes such that the visible emissions are no longer very

low or nonexistent, the owner or operator shall comply

with the requirements stated in the “Opacity Monitoring” 

section.

Permit 

Condition

Reporting Due to potentially very low or nonexistent emissions, 

none is required.

Permit 

Condition

Recordkeeping Due to potentially very low or nonexistent emissions, 

none is required.

Permit 

Condition
 7  22

A.3 K.A.R 28-19-650(a)(3), Opacity Limitations, New Sources

Limitation/

Standard:

The opacity of visible emissions shall not exceed 20 percent except as provided at 

K.A.R. 28-19-11. [K.A.R. 28-19-650(a)(3)]

Monitoring Due to potentially very low or nonexistent emissions, no 

monitoring is required at time of permit issuance. If the 

operation changes such that the visible emissions are no 

longer very low or nonexistent, the owner or operator 

shall comply with the requirements stated in the “Opacity

Monitoring” section.

Permit 

Condition

Reporting Due to potentially very low or nonexistent emissions, 

none is required.

Permit 

Condition

Recordkeeping Due to potentially very low or nonexistent emissions, 

none is required.

Permit 

Condition

A.4 K.A.R 28-19-650(a)(2), Opacity Limitations, Stationary Sources, Existing as of 

January 1, 1971

Limitation/

Standard:

Opacity of visible emissions from any emission unit shall not exceed 40% opacity for 

any emission unit, other than a portable source, existing on or before January 1, 1971 

and that has not been relocated after January 1, 1971.

Monitoring Conduct 1-min qualitative assessment monthly. If 

visible emissions are observed conduct an additional 1-

minute qualitative assessment within twenty-four hours 

with a result of “No visible emissions,” or conduct a 6-

minute Method 9. The Method 9 test must begin 

within twenty-four hours of the original, or follow-up 

(if conducted), qualitative assessment during which 

visible emissions were observed, unless a follow-up

qualitative assessment demonstrated no visible 

emission. 

Permit 

Condition

Reporting The owner or operator shall promptly report deviations 

from permit requirements, the probable cause of such 

deviations, and any corrective actions or preventive 

measures taken. To be considered prompt, deviations 

shall be reported as part of the routine semi-annual 

reporting requirements under K.A.R. 28-19-

512(11)(A), and, if applicable, in accordance with the 

malfunction reporting requirements under K.A.R. 28-

K.A.R. 28-19-

512(a)(11)(A), 

28-19-11
 8  22

19-11, unless otherwise specified in an applicable 

requirement.

Recordkeeping A log shall be maintained noting the information 

required in the “Opacity Monitoring” section. The log 

will be updated prior to the end of the shift during 

which the assessment occurred.

Permit 

Condition

A.5 K.A.R 28-19-650(a)(3), Opacity Limitations, New Sources

Limitation/

Standard:

Opacity of visible emissions from any emission unit shall not exceed 20% opacity

for any emission unit that existed or was relocated after January 1, 1971.

Monitoring Conduct 1-min qualitative assessment monthly. If 

visible emissions are observed conduct an additional 1-

minute qualitative assessment within twenty-four hours 

with a result of “No visible emissions,” or conduct a 6-

minute Method 9. The Method 9 test must begin within 

twenty-four hours of the original, or follow-up (if 

conducted), qualitative assessment during which visible 

emissions were observed, unless a follow-up qualitative 

assessment demonstrated no visible emission. 

Permit 

Condition

Reporting The owner or operator shall promptly report deviations 

from permit requirements, the probable cause of such 

deviations, and any corrective actions or preventive 

measures taken. To be considered prompt, deviations 

shall be reported as part of the routine semi-annual 

reporting requirements under K.A.R. 28-19-512(11)(A), 

and, if applicable, in accordance with the malfunction 

reporting requirements under K.A.R. 28-19-11, unless 

otherwise specified in an applicable requirement.

K.A.R. 28-19-

512(a)(11)(A), 

K.A.R. 28-19-

11

Recordkeeping A log shall be maintained noting the information 

required in the “Opacity Monitoring” section. The log 

will be updated prior to the end of the shift during which 

the assessment occurred.

B. 40 CFR Part 63 Subpart LLL National Emission Standards for Hazardous Air 

Pollutants From the Portland Cement Manufacturing Industry

The owner or operator shall comply with the applicable requirements of 40 CFR Subpart A listed 

in Table 1 of 40 CFR 63 Subpart LLL.

B.1 40 CFR 63 NESHAP - LLL, Standards for In-line Kiln/Raw Mill System
 9  22

a. Limitation/ 

Standard:

The owner or operator shall not cause the discharge of any gases containing 

particulate matter in excess of 0.30 lb per ton of feed to kiln as specified in 40 

CFR 63.1343(b)(1).

Testing The owner or operator shall demonstrate initial compliance by

performing testing.

40 CFR 

63.1349(a)

The owner or operator shall conduct performance tests with raw 

mill on and off in accordance with 63.1349(b)(1)(i)-(iv).

40 CFR 

63.1349(b)(1)

Performance tests required under 40 CFR 63.1349(b)(1)(2) shall 

be repeated every five years, except that the owner or operator of 

a kiln, in-line kiln/raw mill or clinker cooler is not required to 

repeat the initial performance test of opacity for the kiln, in-line 

kiln/raw mill or clinker cooler.

40 CFR 

63.1349(c)

The owner or operator shall conduct performance tests if change 

in operations may adversely affect compliance with an applicable 

PM standard.

40 CFR 

63.1349(e)(2)

(3)

Reporting The owner or operator shall submit all reports and notifications as 

specified in 40 CFR 63.1354

40 CFR 

63.1354(a)(b)

Recordkeeping The owner or operator shall maintain records as specified in 40 

CFR 63.1355

40 CFR 

63.1355(a)(b)

(c)

b. Limitation/ 

Standard:

The owner or operator shall not cause the discharge of any gases exhibiting an 

opacity greater than 20% as specified in 40 CFR 63.1343(b)(2).

Monitoring The owner or operator shall monitor opacity at each point where 

emissions are vented, including alkali bypasses.

40 CFR 

63.1350(c)

The owner or operator shall operate COMs at the outlet of each 

applicable PM control device.

40 CFR 

63.1350(c)(1)

The owner or operator shall maintain opacity at 20% or below for 

each 6-minute average to remain in compliance.

40 CFR 

63.1350(c)(3)

Testing The owner or operator shall demonstrate initial compliance by

performing testing.

40 CFR 

63.1349(a)

The owner or operator shall demonstrate opacity using COM 

during Method 5 performance tests.

40 CFR 

63.1349(b)(1)

(v)

The owner or operator shall conduct performance tests if a change 

in operations may adversely affect compliance with an applicable 

PM standard.

40 CFR 

63.1349(e)(2, 

3)

Reporting The owner or operator shall submit all reports and notifications as 

specified in 40 CFR 63.1354

40 CFR 

63.1354(a)(b)

Recordkeeping The owner or operator shall maintain records as specified in 40 40 CFR 
 10  22

CFR 63.1355 63.1355(a)(b)

(c)

c. Limitation/ 

Standard:

The owner or operator shall not cause the discharge of any gases containing 

D/F in excess of 0.20 ng per dscm (TEQ) corrected to 7% O2, or 0.40 ng per 

dscm (TEQ) corrected to 7% O2 when the average of the performance test run 

average temperatures at the inlet to the particulate matter control device is 400 

F or less as specified in 40 CFR 63.1343(b)(3).

Monitoring The owner or operator shall monitor D/F emissions in accordance 

with 63.1350(f)(1)-(6).

40 CFR 

63.1350(f)

The owner or operator shall conduct an inspection of the 

components of the combustion system of each kiln or in-line kiln 

raw mill at least once per year.

40 CFR 

63.1350(i)

Testing The owner or operator shall demonstrate initial compliance by

performing testing.

40 CFR 

63.1349(a)

The owner or operator shall conduct performance tests with raw 

mill on and off in accordance with 63.1349(b)(3)(i)-(iv).

40 CFR 

63.1349(b)(3)

The owner or operator shall repeat performance tests every 30 

months.

40 CFR 

63.1349(d)

The owner or operator shall conduct performance tests if change 

in operations may adversely affect compliance with an applicable 

D/F standard.

40 CFR 

63.1349(e)(1, 

3)

Reporting The owner or operator shall submit all reports and notifications as 

specified in 40 CFR 63.1354

40 CFR 

63.1354(a)(b)

Recordkeeping The owner or operator shall maintain records as specified in 40 

CFR 63.1355

40 CFR 

63.1355(a)(b)

(c)

d. Limitation/ 

Standard:

The temperature of the gas inlet to the kiln particulate matter control device 

(PMCD) and alkali bypass PMCD must not exceed the raw mill on and off 

limits established during the performance test as specified in 40 CFR 

63.1344(a).

Monitoring The owner or operator shall monitor D/F emissions in accordance 

with 63.1350(f)(1)-(6).

40 CFR 

63.1350(f)

Testing The owner or operator shall demonstrate initial compliance by

performing testing.

40 CFR 

63.1349(a)
 11  22

The owner or operator shall conduct performance tests with raw 

mill on and off in accordance with 63.1349(b)(3)(i)-(iv).

40 CFR 

63.1349(b)(3)

The owner or operator shall repeat performance tests every 30 

months.

40 CFR 

63.1349(d)

The owner or operator shall conduct performance tests if change 

in operations may adversely affect compliance with an applicable 

D/F standard.

40 CFR 

63.1349(e)(1,

3)

Reporting The owner or operator shall submit all reports and notifications as 

specified in 40 CFR 63.1354

40 CFR 

63.1354(a)(b)

Recordkeeping The owner or operator shall maintain records as specified in 40 

CFR 63.1355

40 CFR 

63.1355(a)(b)

(c)

B.2 40 CFR 63 NESHAP - LLL, Standards for Clinker Coolers

a. 

Limitation/ 

Standard:

No owner or operator shall cause to be discharged into the atmosphere from the 

clinker cooler any gases which (1)contain particulate matter in excess of 0.10 lb 

per ton of feed (dry basis) to the kiln [40 CFR 63.1345(a)(1)].

Testing The owner or operator shall demonstrate initial compliance by

performance testing.

40 CFR 

63.1349(a)

Performance tests required under 40 CFR 63.1349(b)(1)(2) shall 

be repeated every five years, except that the owner or operator of 

a kiln, in-line kiln/raw mill or clinker cooler is not required to 

repeat the initial performance test of opacity for the kiln, in-line 

kiln/raw mill or clinker cooler.

40 CFR 

63.1349(c)

The owner or operator shall conduct performance tests in 

accordance with 63.1349(b)(1)-(4).

40 CFR 

63.1349(b)

Reporting The owner or operator shall submit all reports and notifications as 

specified in 40 CFR 63.1354

40 CFR 

63.1354(a)(b)

Recordkeeping The owner or operator shall maintain records as specified in 40 

CFR 63.1355

40 CFR 

63.1355(a)(b)

(c)

b. 

Limitation/ 

Standard:

No owner or operator shall cause to be discharged into the atmosphere from the 

clinker cooler any gases which exhibit an opacity greater than 10% [40 CFR 

63.1345(a)(2)].

Monitoring The owner or operator shall monitor opacity at each point where 

emissions are vented.

40 CFR 

63.1350(d)

Opacity shall be maintained at 10% or less for each 6-minute 

average except during startups, shutdowns, & Malfunctions.

40 CFR 

63.1350(d)(3)
 12  22

The owner or operator shall operate a COM at the outlet of the 

clinker cooler PM control device.

40 CFR 

63.1350(d)(1)

Testing The owner or operator shall demonstrate initial compliance by

performance testing.

40 CFR 

63.1349(a)

The owner or operator shall demonstrate opacity using COM 

during Method 5 performance tests.

40 CFR 

63.1349(b)(1)

(v)

Reporting The owner or operator shall submit all reports and notifications as 

specified in 40 CFR 63.1354

40 CFR 

63.1354(a)(b)

Recordkeeping The owner or operator shall maintain records as specified in 40 

CFR 63.1355

40 CFR 

63.1355(a)(b)

(c)

B.3 40 CFR 63 NESHAP - LLL, Standards for Finish Mills

Limitation/

Standard:

The owner or operator shall not cause to be discharged from the mill sweep or air 

separator air pollution control devices of these affected sources any gases which 

exhibit opacity in excess of ten percent as specified in 40 CFR 63.1347.

Monitoring The owner or operator shall conduct daily 6-minute visible 

emissions test (Method 22) of mill sweep and air separator 

PMCDs. If visible emissions are observed during any

Method 22 visible emissions test, the owner or operator 

must: 

1) Initiate, within one hour, the corrective actions specified 

in the operating and maintenance plan developed in 

accordance with paragraphs 40 CFR 63.1350(a)(1)(2) and,

2) Within 24 hours of the end of the Method 22 test in 

which visible emissions were observed, conduct a followup 

Method 22 test of each stack from which visible emissions 

were observed during the previous Method 22 test. If visible 

emissions are observed during the followup Method 22 test 

from any stack from which visible emissions were observed 

during the previous Method 22 test, conduct a visual opacity

test of each stack from which emissions were observed 

during the follow up Method 22 test in accordance with 

Method 9 of appendix A to part 60 of this chapter. The 

duration of the Method 9 test shall be 30 minutes.

40 CFR 

63.1350(e)

Testing The owner or operator shall conduct an initial 3-hour (30 6-

minute averages) Method 9 test.

40 CFR 

63.1349(b)(2)

Testing Performance tests required under 40 CFR 63.1349(b)(1)(2) 

shall be repeated every five years, except that the owner or 

operator of a kiln, in-line kiln/raw mill or clinker cooler is 

40 CFR 

63.1349(c)
 13  22

not required to repeat the initial performance test of opacity

for the kiln, in-line kiln/raw mill or clinker cooler.

B.4 40 CFR 63 NESHAP - LLL, Standards for affected sources other than kilns;

in-line kiln/raw mills; clinker coolers; new and reconstructed raw material 

dryers; and raw and finish mills

Limitation/

Standard:

The owner or operator shall not cause to be discharged, from these sources, any

gases which exhibit opacity in excess of ten percent as specified in 40 CFR 

63.1348.

Monitoring Conduct 1-min visible emissions (VE) test using Method 

22 monthly. If visible emissions are observed during any

Method 22 test, conduct a 6-minute Method 9 within one 

hour. Visible emissions testing frequency may be reduced 

as provided under 40 CFR 63.1350(a)(4).

40 CFR 

63.1350(a)(4)(i-vii)

Testing Conduct an initial 3-hour (30 6-minute averages) Method 9 

test. The test time may be reduced to 1-hour if there are 

no readings greater than 10% opacity and there are no more 

than three readings of 10% opacity are observed in the first 

hour.

40 CFR 

63.1349(b)(2)(i, ii)

Performance tests required under 40 CFR 63.1349(b)(1)(2) 

shall be repeated every five years, except that the owner or 

operator of a kiln, in-line kiln/raw mill or clinker cooler is 

not required to repeat the initial performance test of opacity

for the kiln, in-line kiln/raw mill or clinker cooler.

40 CFR 63.1349(c)

Reporting The owner or operator shall submit all reports and 

notifications as specified in 40 CFR 63.1354

40 CFR 

63.1354(a)(b)

Recordkeeping The owner or operator shall maintain records as specified 

in 40 CFR 63.1355

40 CFR 

63.1355(a)(b)(c)

B.5 Other monitoring requirements

a. 

Limitation/ 

Standard:

The owner or operator shall submit Operations and Maintenance Plan as part of 

the application for the Part 70 application as specified in 40 CFR 63.1350(a)

Monitoring The owner or operator shall monitor opacity according to O 

and M plan.

40 CFR 

63.1350(j)

Reporting The owner or operator shall submit results of all PM 

performance tests within 60 days of the test, Opacity tests 

within 30 days of the test.

40 CFR 

63.1354(b)(1, 

2)
 14  22

The owner or operator shall state whether actions taken during 

startups, shutdowns, or malfunctions were consistent with the 

SSMP in semi-annual report.

40 CFR 

63.1354(b)(4)

The owner or operator shall report actions taken during startup, 

shutdown, or malfunction that were inconsistent with the 

SSMP, if an exceedance of the standard occurs 

(63.6(e)(3)(iv)), within 2 days (telephone or fax) and follow up 

with letter within 7 days.

40 CFR 

63.1354(b)(5)

The owner or operator shall submit a summary report semiannually that contains the information specified in 

63.10(e)(3)(vi) and in 63.1354(b)(9)(i)-(v).

40 CFR 

63.1354(b)(9)

Recordkeeping The owner or operator shall maintain files required by this 

section for at least 5 years.

40 CFR 

63.1355(a), (b)

C. State Construction Permit Conditions

C.1 KDHE Construction Permit 8-23-2001 Air Emission Source Construction 

Permit

a. 

Limitation/ 

Standard:

The total cement processed from all sources (on-site and off-site) in the new 

finish mill system shall not exceed 400,000 tons per year.

Monitoring Heartland shall monitor and record the total 

cement throughput for the new finish mill system.

Construction Permit 

8/23/2001 Monitoring 

Requirement 2 

Each air pollution control device must be 

operating at all times that the emissions source 

that it is designated to control is operating.

Construction Permit 

8/23/2001 Permit Conditions 

2

Recordkeeping Records shall be kept to demonstrate compliance 

with the total cement throughput for the new 

finish mill system.

Construction Permit 

8/23/2001 Recordkeeping 

Requirement 1 

Facility-Wide Applicable Requirements

The permittee shall comply with the following when required by the relevant regulation:

K.A.R. 28-19-20 Particulate Matter Emission Limitations

The permittee shall comply with the requirements of K.A.R. 28-19-20. This regulation applies to 

handling and processing equipment for dry bulk materials, excluding indirect heating equipment 

and incinerators.

K.A.R. 28-19-30 through K.A.R. 28-19-32, Emission Limitations (Indirect Heating Equipment)

The permittee shall comply with the requirements of K.A.R. 28-19-30 through 28-19-32. These 
 15  22

regulations apply to installations in which fuel is burned for the primary purpose of producing 

steam, hot water, or hot air or other indirect heating of liquids, gases, or solids and, in the course of 

doing so, the products of combustion do not come into contact with process materials.

K.A.R. 28-19-55 through K.A.R. 28-19-58, Emergency Episode Plans

The permittee shall comply with the requirements of K.A.R. 28-19-55 through 28-19-58, 

Emergency Episode Plans, and shall maintain on site an emergency episode plan if the KDHE 

requires an emergency episode plan be developed pursuant to K.A.R. 28-19-58.

K.A.R. 28-19-202, Annual Fee Payment

The owner or operator of a permitted emissions unit or stationary source is required to pay fees to 

the permitting authority consistent with the fee schedule set out in the regulations pursuant to 

K.A.R. 28-19-202.

K.A.R. 28-19-210, Calculation of Actual Emissions

The following applies to emission control equipment not otherwise addressed in this permit:

If the owner or operator uses air emission control equipment, not otherwise addressed in this 

permit, to calculate actual emissions, the air emission control equipment shall be maintained in 

accordance with the manufacturer’s recommendation. The owner or operator shall keep a written 

log recording the date and type of action taken when performing preventive or other maintenance 

on the air emission control equipment.

K.A.R. 28-19-517, Annual Emissions Inventory

The owner or operator shall submit all operating or relevant information to estimate emissions for 

the preceding year to the KDHE. This information shall be submitted before June 1 of each year 

and shall be submitted on forms provided or approved by the KDHE.

K.A.R. 28-19-645, Open Burning

The permittee is prohibited from conducting open burning, except as allowed by K.A.R. 28-19-647 

and K.A.R. 28-19-648.

K.A.R. 28-19-735 Which Adopted by Reference 40 CFR Part 61, Subpart A and Subpart M

The permittee shall comply with the National Emission Standard for Hazardous Air Pollutants 

(NESHAP) 40 CFR Part 61, Subpart A, General Provisions and Subpart M, National Emission 

Standard for Asbestos, adopted by K.A.R. 28-19-735, and K.A.R. 28-50-1 et seq. when conducting 

any renovation or demolition activities at the facility.

40 CFR Part 68, Chemical Accident Prevention Provisions

Chemical Accident Prevention Provisions, 40 CFR Part 68, is applicable to an owner or operator of 

a stationary source that has more than a threshold quantity of a regulated substance in a process, as 

determined in 40 CFR 68.115.

If the stationary source is subject to 40 CFR Part 68, but is not required to comply with those 

requirements as of the effective date of this operating permit, the stationary source shall be in 

compliance with the requirements of 40 CFR Part 68 no later than the latest of the following dates:

a. Three years after the date on which a regulated substance is first listed in 40 CFR 

68.130; or

b. The date on which a regulated substance is first present above a threshold quantity

in a process.

40 CFR Part 82, Protection of Stratospheric Ozone

The permittee shall comply with 40 CFR Part 82, Protection of Stratospheric Ozone. Affected

controlled substances include, but are not limited to, chlorofluorocarbons, 

hydrochlorofluorocarbon refrigerants, halons, carbon tetrachloride, and methyl chloroform 

(specific affected controlled substances are listed in 40 CFR Part 82, Subpart A, appendices A

{Class I} and B {Class II}).

The following subparts and sections of 40 CFR Part 82 are conditions of this permit:

Subpart A - Production and Consumption Controls

Subpart B - Servicing of Motor Vehicle Air Conditioners

Subpart E - Labeling of Products Using Ozone-Depleting Substances: Section; 82.106 

Warning statement requirements, 82.108 Placement of warning statement, 82.110 
 16  22

Form of label bearing warning statement, and 82.112 Removal of label bearing 

warning statement

Subpart F - Recycling and Emissions Reduction: Sections; 82.156 Required practices, 82.158 

Standards for recycling and recovery equipment, 82.161 Technician certification, 

and 82.166 Reporting and recordkeeping requirements

Subpart G - Significant New Alternatives Policy Program

Opacity Monitoring

Facilities are required to perform qualitative opacity assessments as identified in the applicable 

requirements section of this permit. Qualitative opacity assessments will be conducted for 

processes or other operations which are subject to an opacity standard and which are operating.

The person responsible for making qualitative opacity assessments must be knowledgeable about 

the effects on visibility of emissions caused by background contrast, ambient lighting, observer 

position relative to lighting, wind, and the presence of uncombined water.

The records kept of qualitative opacity assessments shall include the time and date assessment 

occurred, whether emissions appeared normal, a description of the emission point from which any

unusual emissions emanated, steps taken to correct any abnormal emissions and the name of the 

person conducting the assessment plus information required under the Testing, Monitoring, 

Recordkeeping, and Reporting section of this permit.

For each emission point from which visible emissions are observed during normal operations 

which appear to exceed the relevant standard, observations shall occur at the frequency specified in 

paragraph 2 below.

Perceived exceedances of opacity standards in paragraphs one and two are not considered to be 

deviations subject to reporting in accordance with the Reporting of Deviations from Permit Terms 

portion of this permit.

Some emission points subject to opacity requirements may be identified as not requiring 

monitoring due to “potentially very low or nonexistent visible emissions”. Heaters burning 

refinery gas at refineries, degreasing operations, painting operations which filter particulate 

emissions, non-heat set printing operations, other non-heat set evaporative VOC sources, 

petroleum product storage tanks, glycol dehydrators and sources which are vented inside a building 

which is usually occupied may be presumed to be in compliance with any opacity limit of 20% or 

greater. Burners in indirect heating applications, space heaters, turbines, internal combustion 

engines or boilers may be presumed to be in compliance with any opacity limit of 20% or greater 

when burning natural gas or propane/LPG. Opacity increases as particulate content of emissions 

increase. The particulate content of emissions from burning natural gas or propane/LPG is small 

and the particulate content of emissions from the evaporation of volatile organic compounds is 

zero. Particulate emissions inside an occupied building must be small to protect the health of the 

occupants. The possibility of emissions from these types of sources exceeding an opacity of 20% 

is therefore “potentially very low or nonexistent”. 

If an operation in one of the above categories changes such that visible emissions are no longer 

“very low or nonexistent,” the owner or operator shall apply for the appropriate permit or approval 

in accordance with K.A.R. 28-19-300 and commence appropriate qualitative opacity assessments 

pursuant to the above schedule. If a permit or approval is not required by K.A.R. 28-19-300 the 

owner or operator shall notify KDHE within thirty days of the change in operations and commence 

appropriate qualitative opacity assessments pursuant to the above schedule.

Requirements Which Will Become Applicable During the Permit Term

The owner or operator, in accordance with the provisions of K.A.R. 28-19-511(b)(16)(C)(ii) and 

K.A.R. 28-19-512(a)(23) shall comply in a timely manner with those applicable requirements that 

become effective during the permit term, unless a detailed schedule is expressly required by the 

applicable requirements. 
 17  22

Permit Shield

Compliance with the conditions of this permit shall be deemed in compliance with the 

applicable requirements of the Kansas air quality program as of the date of permit issuance. 

This shield applies only to:

a. applicable requirements included, and specifically identified in the permit;

b. applicable requirements that KDHE has specifically identified in writing as not being 

applicable to the emissions unit or stationary sources and the determination or a 

concise summary thereof is included in the permit.

Nothing in this permit shall alter or affect:

a. the liability of a permittee for any violation of an applicable requirement occurring 

prior to or at the time of issuance of this permit;

b. U.S. EPA’s ability to obtain information under Section 114 of the Clean Air Act; or

c. the provisions of Section 303, Emergency orders, of the Clean Air Act, including the 

authority of the administrator of the U.S. EPA under that section of the air pollution 

emergency provisions of the Kansas air quality program regulations, K.A.R. 28-19-55 

through 28-19-58.

d. the applicable requirements of the acid rain program, consistent with section 408(a) of 

the Act.

Testing, Monitoring, Recordkeeping and Reporting

Testing, monitoring, recordkeeping and reporting requirements sufficient to assure compliance 

with the terms and conditions of the permit are required.

In addition to any testing, monitoring, recordkeeping or reporting requirement contained in the 

Applicable Requirements section of this permit, monitoring and reporting may be required under 

the provisions of K.A.R. 28-19-12, “Measurement of emissions”, or as required by any other 

provision of the federal Clean Air Act.

Records to support all monitoring and copies of all reports required by the permit must be 

maintained for a period of at least five years from the date of the activity. Summary reports of any

routine, continuous or periodic monitoring must be submitted at six-month intervals, commencing 

30 days after the six month anniversary of permit issuance and 30 days after each subsequent six 

month period for the duration of the permit. All instances of deviations from permit requirements, 

including perceived opacity exceedances, shall be clearly identified in the report.

Submission of quarterly or semi-annual reports required by any applicable requirement which are 

duplicative of the reporting required in the previous paragraph will satisfy the reporting 

requirements of the previous paragraph if noted on the submitted report.

Records of required monitoring shall include:

a. the date, place and time of sampling or measurement;

b. the date or dates analyses were performed;

c. the company or entity which performed the analyses;

d. the analytical techniques or methods used;

e. the result of the analyses; and

f. the operating conditions that existed at the time of sampling or measurement.

Reporting of Deviations from Permit Terms
 18  22

Unless a different time period is specified in this permit, deviations from the requirements of this 

permit shall be reported to KDHE as follows:

a. Deviations which result in emissions exceeding those allowed in this permit shall be 

reported the next business day following the discovery of the release, with follow-up 

written notice within five business days following discovery of the release. The report 

shall include the probable cause of such deviations and any corrective actions or 

preventive measures taken.

b. Deviations which do not result in emissions exceeding those allowed in this permit 

shall be reported in writing within 10 business days following discovery of the 

deviation.

Oral notifications may be made to the air program field staff at the Southeast District Office in 

Chanute or to the KDHE central office in Topeka. Written notifications shall be made to the 

KDHE central office with a copy to the Southeast District Office.

General Provisions

1. K.A.R. 28-19-11, Exceptions Due to Breakdowns or Scheduled Maintenance

a. Abnormal operating conditions resulting from malfunction, breakdown or necessary

repairs to control or processing equipment and appurtenances which cause emissions in 

excess of the limitations specified at K.A.R. 28-19-20, K.A.R. 28-19-30 through 28-19-32, 

K.A.R. 28-19-501(d) and K.A.R. 28-19-650 shall not be deemed violations provided that:

i. The person responsible for the operation of the emission source notifies the 

department of the occurrence and nature of such malfunctions, breakdown or repairs, 

in writing, within 10 days of noted occurrence.

ii. The number of occurrences of such breakdowns is not deemed excessive by the 

department and appropriate reasonable action is taken to initiate and complete any

necessary repairs and place the equipment back in operation as quickly as possible.

b. Emissions in excess of the limitations specified at K.A.R. 28-19-20, K.A.R. 28-19-30 

through 28-19-32and K.A.R. 28-19-650 resulting from scheduled maintenance of control 

equipment and appurtenances will be permitted only on the basis of prior approval by the 

department and upon demonstration that such maintenance cannot be accomplished by

maximum reasonable effort, including off-shift labor where required, during periods of 

shutdown of any related equipment.

2. K.A.R. 28-19-752a, Hazardous Air Pollutants; Limitations Applicable to Construction of New

Major Sources or Reconstruction of Existing Major Sources

This regulation shall continue in effect for an emissions unit or stationary source until a 

standard has been promulgated which is applicable to such source pursuant to section 112(d) 

of the federal Clean Air Act.

This regulation shall apply whenever construction of a new major source or reconstruction of 

an existing major source of hazardous air pollutants is proposed.

3. K.A.R. 28-19-753, Hazardous Air Pollutants; Limitations Applicable to Sources for Which 

the U.S. EPA Fails to Meet Certain Deadlines

This regulation shall be applicable to a source only if the U.S. EPA fails to promulgate an 

emission standard for the subcategory applicable to the source within the time frame 

scheduled by the U.S. EPA at the most recent revision of 58 Federal Register 63941.

The Federal 112(j) rule (promulgated on May 20, 1994) has been amended. A direct final 

rule, published in Federal Register on April 16, 1999, delays the permit application deadline 
 19  22

for 7-year source categories listed in the regulatory schedule until December 15, 1999. The 

previous deadline was May 15, 1999 which was 18 months after the original November 15, 

1997 promulgation date for 7-year MACTs.

The deadline for the 10-year MACTs was May 15, 2002, which was 18 months after the 

original November 15, 2000 promulgation date for the 10-year MACTs.

An amendment to the Federal 112(j) rule was published in the Federal Register on April 5, 

2002. The amended rule revised the Federal 112(j) rule to create a two part air toxic control 

permit application process. Part 1 air toxic control permit applications were due by May 15, 

2002 from all major sources in source categories for which EPA failed to issue national 

emissions control standards. Part 2 air toxic control permit applications will be due within 24 

months after the Part 1 application, or May 15, 2004.

Another amendment to the Federal 112(j) rule was published in the Federal Register on May

30, 2003. This rule amendment established a new schedule with a specific deadline for 

submittal of all Part 2 applications for all ffected sources in a given category or subcategory. 

These deadlines are now 60 days after each respective scheduled promulgation date. Table 1 

to Subpart B of Part 63, in the new amendments, lists all of the 112(j) Part 2 application due 

dates.

4. Permit Term and Renewal

This permit has a term of five years unless otherwise stated in this permit. A complete 

application, as defined in K.A.R. 28-19-518, and any applicable fee must be submitted to 

KDHE not less than six months and not more than 18 months prior to the expiration date. 

This operating permit shall not expire on the expiration date if a complete and timely

application has been filed with the KDHE. 

5. Severability

The provisions of this permit are severable, and if any portion of this permit, or the application 

of any provision of this permit to any circumstance, is held invalid, the application of such 

provision to other circumstance, and the remainder of this permit, shall not be affected 

thereby.

6. Property Rights

This permit does not convey any property rights of any sort or any exclusive privilege.

7. Compliance

The owner or operator shall comply with all conditions of the permit and shall continue to 

comply with applicable requirements with which the owner or operator is in compliance. Any

permit noncompliance shall constitute a violation of the Kansas Air Quality Act and shall be 

grounds for enforcement action, for permit revocation or amendment, or for denial of a permit 

renewal application. All permit terms and conditions are federally enforceable.

This permit may contain provisions which require that specific test methods, monitoring, or 

record keeping be used as a demonstration of compliance with permit limits. On February

24, 1997, the U.S. EPA promulgated revisions to the following federal regulations: 40 CFR 

Part 51.212; 40 CFR Part 52, Sec.52.12; 40 CFR Part 52, Sec 52.30; 40 CFR Part 60, Sec 

60.11 and 40 CFR Part 61, Sec 61.12, that allow the use of credible evidence to establish 

compliance with applicable requirements. At the issuance of this permit, the State of Kansas 

has incorporated these provisions in its air quality regulations K.A.R. 28-19-212 (d), K.A.R.

28-19-350, K.A.R. 28-19-720 and K.A.R. 28-19-735.

It shall not be a defense for a permittee in an enforcement action to contend that it would have 

been necessary to halt or reduce the permitted activity in order to maintain compliance with 

the conditions of the permit.
 20  22

8. Compliance Certification

The permittee shall annually submit to the Air Operating Permit and Compliance Section of 

the KDHE, and a copy to the Air Permitting and Compliance Branch of the U.S. EPA, Region 

7, a certification of compliance (Form CR-02, “Annual Certification”). The due date of the 

certification is June 19 of each year, beginning June 19, 2005 for the period May 20, 2004

through May 19, 2005.

The certification shall include the permit term or condition that is the basis of the certification; 

the current compliance status; whether compliance was continuous or intermittent; the method 

or methods used for determining the compliance, currently and over the reporting period; and 

such other facts as KDHE may require to determine the compliance status of the source. The 

certification shall state that, based on information and belief formed after reasonable inquiry, 

the statements and information in the certification are true, accurate and complete.

9. Emergency

a. An “emergency” means any situation arising from sudden and reasonably unforeseeable 

events beyond the control of the source, including acts of God, which situation requires 

immediate corrective action to restore normal operation, and that causes the source to 

exceed a technology-based emission limitation under this permit, due to unavoidable 

increases in emissions attributable to the emergency. An emergency shall not include 

noncompliance to the extent caused by improperly designed equipment, lack of 

preventative maintenance, improper operation or operator error.

b. An emergency shall constitute an affirmative defense to an action brought for 

noncompliance with such technology-based emission limitation if the conditions of 

paragraph (c) below are met.

c. The affirmative defense of emergency shall be demonstrated through properly signed,

contemporaneous operating logs or relevant evidence that:

i. an emergency occurred and that the permittee can identify the cause or causes of the 

emergency;

ii. the permitted facility was at the time being properly operated;

iii. during the period of the emergency the permittee took all reasonable steps to 

minimize levels of emissions that exceeded the emission standards or other 

requirements in the permit; and

iv. the permittee submitted notice of the emergency, containing a description of the 

emergency, any steps taken to mitigate emissions, and corrective actions taken, to 

KDHE within two working days of the time when emission limitations were 

exceeded due to the emergency.

d. In any enforcement proceeding, the permittee seeking to establish the occurrence of an 

emergency shall have the burden of proof.

e. These emergency provisions are in addition to any emergency or upset provisions 

contained in any applicable requirement. Whenever these emergency provisions conflict 

with the provisions of K.A.R. 28-19-11, these emergency provisions shall control.

10. Inspection and Entry

Upon presentation of credentials and other documents as may be required by law, 

representatives of KDHE, including authorized contractors of KDHE, shall be allowed by the 

permittee to:

a. enter upon the premises where a regulated facility or activity is located or conducted and 

where records are kept under conditions of this document;

b. have access to and copies of, at reasonable times, any records that must be kept under 

conditions of this document;

c. inspect at reasonable times, any facilities, equipment (including monitoring and control 

equipment), practices or operations regulated or required under this document; and

d. as authorized by the Kansas Air Quality Act, sample or monitor at reasonable times 
 21  22

substances or parameters for the purpose of assuring compliance with the permit or 

applicable requirements.

11. Permit Amendment, Modification, Reopening and Changes Not Requiring a Permit Action

a. The permit may be modified, revoked, reopened, reissued or terminated for cause. The 

filing of a request by the permittee for a permit modification, revocation, reissuance or 

termination, or of a notification of planned changes or anticipated noncompliance does 

not 

stay any permit condition.

b. The permitting authority will reopen and revise or revoke this permit as necessary to 

remedy deficiencies in the following circumstances:

i. Additional requirements under the Clean Air Act become applicable to the source 

three or more years prior to the expiration date of this permit. Such a reopening shall 

be completed no later than 18 months after promulgation of the applicable 

requirement. No such reopening is required if the effective date of the requirement is 

later than the expiration date of this permit.

ii. KDHE determines that this permit contains a material mistake or that inaccurate 

statements were made in establishing the emissions standards or other terms or 

conditions of this permit.

iii. KDHE determines that it is necessary to revise or revoke this permit in order to 

assure compliance with applicable requirements.

c. This document is subject to periodic review and amending as deemed necessary to fulfill 

the intent and purpose of the Kansas Air Quality Statutes and the Kansas Air Quality

Regulations.

d. No permit revision shall be required under any approved economic incentives, pollution 

prevention incentives, marketable permits, emissions trading and other similar programs 

or processes for changes that are provided for in the permit.

12. Duty to Provide Information

Unless a different time frame is specified in this permit, the permittee shall furnish to the 

KDHE any information that the KDHE may request in writing within 60 days of the request, 

unless the KDHE specifies another time period. Submittal of confidential business 

information must be in accordance with KDHE procedures.

13. Duty to Supplement

The permittee, upon becoming aware that any relevant facts were omitted or incorrect 

information was submitted in any submittal, shall promptly submit such supplementary facts 

or corrected information.

14. Other Permits and Approvals; Applicability

a. A construction permit or approval must be obtained from KDHE prior to commencing

any construction or modification of equipment or processes which results in potential 

emission increases equal to or greater than the thresholds specified at K.A.R. 28-19-300.

b. This document does not relieve the permittee of the obligation to obtain other approvals, 

permits, licenses or documents of sanction which may be required by other federal, state 

or local government agencies.

15. Submissions

All reports, notifications, information and other correspondence (including submission of the 

Annual Certification Form CR-02) shall be submitted to:
 22  22

Air Construction/Operating Permits & Compliance Section

Bureau of Air and Radiation

Kansas Department of Health and Environment

1000 SW Jackson, Suite 310

Topeka, KS 66612-1366

(785) 296-1570

A copy of each Annual Certification Form CR-02 and Part 2 permit application shall be 

submitted to:

Kansas Compliance Officer

Air Permitting and Compliance Branch

U.S. EPA, Region VII

901 N. 5th Street

Kansas City, KS 66101

The annual certification form CR-02 shall be certified by a responsible official. This 

certification shall state that, based on the information and belief formed after reasonable 

inquiry, the statements and information in the certification are true, accurate and complete. 

This certification shall be submitted with original signatures.

When specified in the permit, contact the district office at:

Southeast District Office

1500 West 7th Street

Chanute, KS 66720-9701

(620) 431-2390

Permit Engineer

__________________________________________ ________________________

William Stone Date Signed

Engineering Associate

Air Construction/Operating Permits & Compliance Section

Issued by

__________________________________________ _______________________

Amer Safadi, Supervisor Date Signed

Air Construction/Operating Permits & Compliance Section

Bureau of Air and Radiation

__________________________________________ ________________________

Vick L. Cooper, Chief Date Signed

Air Construction/Operating Permits & Compliance Section

Bureau of Air and Radiation

WGS:saw

c: SEDO

O-5791