K A N S A S

RODERICK L. BREMBY, SECRETARY

DEPARTMENT OF HEALTH AND ENVIRONMENT

Air Construction/Operating Permits & Compliance Section

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

Voice 785-296-1570 Fax 785

AIR EMISSION SOURCE

CLASS I OPERATING PERMIT

 Source ID No.:

Effective Date: February 26, 2004

Revised Date : September 30, 2004

Expiration Date: February 25, 2009

Source Name: The Monarch Cement Company

SIC Code: 3241, Portland Cement Manufacturing Industries

NAICS Code: 327310 Cement Manufacturing

Source Location: 449 1200

Humboldt, Kansas 66748

Mailing Address: P.O. Box 1000

Humboldt, Kansas 66748

Authority

This permit, developed in accordance with the provisions of K.A.R. 28

K A N S A S

KATHLEEN SEBELIUS, 

DEPARTMENT OF HEALTH AND ENVIRONMENT

DIVISION OF ENVIRONMENT

Bureau of Air & Radiation

Construction/Operating Permits & Compliance Section

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

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.: 0010009

February 26, 2004

September 30, 2004

February 25, 2009 

The Monarch Cement Company

3241, Portland Cement Manufacturing Industries

327310 Cement Manufacturing

449 1200th Street

Humboldt, Kansas 66748

P.O. Box 1000

Humboldt, Kansas 66748

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

KATHLEEN SEBELIUS, GOVERNOR

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

http://www.kdhe.state.ks.us

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, the potential to 

emit a single Hazardous Air Pollutant (HAP) is above 10 tons per year, and combined HAPs is 

above 25 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........................................................................................30

Opacity Monitoring........................................................................................................................32

Requirements Which Will Become Applicable During the Permit Term .....................................33

Permit Shield..................................................................................................................................33

Testing, Monitoring, Recordkeeping, and Reporting ....................................................................34

Reporting of Deviations from Permit Terms.................................................................................35

General Provisions.........................................................................................................................35

1. K.A.R. 28-19-11: Exceptions Due to Breakdowns or Scheduled Maintenance...........35

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

Construction of New Major Sources or Reconstruction of Existing Major Sources......36

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..............................................36

4. Permit Term and Renewal ..............................................................................................36

5. Severability .....................................................................................................................37

6. Property Rights ...............................................................................................................37

7. Compliance .....................................................................................................................37

8. Compliance Certification................................................................................................37

9. Emergency ......................................................................................................................38

10. Inspection and Entry .......................................................................................................38

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

Permit Action..................................................................................................................39

12. Duty to Provide Information...........................................................................................39

13. Duty to Supplement ........................................................................................................40

14. Other Permits and Approvals; Applicability...................................................................40

15. Submissions....................................................................................................................40

Attachment A. Site Diagram

Attachment B. Acronyms and Symbols

Attachment C. Emission Sources Listed with Their Applicable Requirements (Regulatory 

Classifications)

Attachment D. Opacity Monitoring Summary

Facility Description
 4  36

The Monarch Cement Company owns and operates a portland cement manufacturing 

facility located near Humboldt, Kansas in Allen County. The potential clinker production 

capacity at the plant is 1,131,500 tons per year.

Operations at the plant include raw material quarrying, transportation of raw materials by 

trucks to the plant, raw feed/material preparation, coal handling and preparation, cement 

clinker production in two kilns, finish cement processing, and product storage and 

shipping. Coal, petroleum coke, natural gas, and tire-derived fuel are burned to supply

thermal energy to the cement manufacturing process. The facility currently operates two 

kilns (Kiln #4 and Kiln #5), which share a common in-line raw mill.

The facility manufactures Portland Cement by heating a stoichiometric mixture of 

pulverized limestone and shale to 2,800oF in specially equipped kilns. The first step in the 

process is to mine the limestone and shale from contiguous quarries at the facility. Once the 

pulverized mixture passes through the rotary kiln, a Portland cement clinker is produced. 

The clinker and a small addition of gypsum are ground into the finished product in ball

mills. The Portland cement is then transported via a pneumatic system to bulk storage silos 

for shipment to customers.

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.30

K.A.R. 28-19-55 through K.A.R. 28-19-58, Emergency Episode Plans.......................................30

K.A.R. 28-19-202, Annual Fee Payment.......................................................................................30

K.A.R. 28-19-210, Calculation of Actual Emissions.....................................................................30

K.A.R. 28-19-275, Which Adopts by Reference 40 CFR Part 72, Acid Rain...............................31

K.A.R. 28-19-517, Annual Emission Inventory ............................................................................31

K.A.R. 28-19-645, Open Burning..................................................................................................31

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

K.A.R. 28-19-720, Which Adopts by Reference 40 CFR Part 60, Subpart A; NSPS

for Coal Preparation Plants, Subpart Y and NSPS for Nonmetallic Mineral Processing, 

Subpart OOO... ..............................................................................................................9

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

for Asbestos, Subpart M ..............................................................................................31

40 CFR Part 63, Subpart A and NESHAP for Portland Cement Manufacturing, Subpart LLL....13

40 CFR Part 68, Chemical Accident Prevention Provisions..........................................................31

40 CFR Part 82, Protection of Stratospheric Ozone ......................................................................31

Emission Source Information

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

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

Applicable Requirements
 5  36

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/

Standard:

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

equation:

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)]
 6  36

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

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

Permit 

Condition
 7  36

Monitoring” section.

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 a qualitative assessment monthly by a certified 

Method 9 observer. If visible emissions are observed, 

the observer shall conduct a 1-minute visual assessment 

to determine if visible emissions appear to exceed the 

relevant opacity standard. If emissions appear to exceed 

the relevant standard, the observer shall conduct a 

6-minute Method 9. The Method 9 test must begin 

within twenty-four hours of the 1-minute visual 

assessment.

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), 

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.

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 a qualitative assessment monthly by a certified 

Method 9 observer. If visible emissions are observed, 

the observer shall conduct a 1-minute visual assessment to 

Permit 

Condition
 8  36

determine if visible emissions appear to exceed the 

relevant opacity standard. If emissions appear to exceed 

the relevant standard, the observer shall conduct a 

6-minute Method 9. The Method 9 test must begin 

within twenty-four hours of the 1-minute visual 

assessment.

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 60 Subpart Y Standards of Performance for Coal Preparation Plants

Equipment subject to 40 CFR 60 Subpart Y must comply with the requirements of 40 CFR 60 Subpart A - General 

Provisions except where Subpart Y provides for explicit exemptions to Subpart A.

B.1 40 CFR 60 Subpart Y, 60.252(c) Opacity Limitations for coal processing, conveying, storage, 

transfer, or loading equipment

Limitation/Sta

ndard

Emissions from coal processing and conveying equipment, coal storage systems, and coal transfer and 

loading systems shall not exhibit 20% opacity or greater except during startups, shutdowns, & 

malfunctions.

Monitoring Conduct a qualitative assessment monthly by a certified Method 9 

observer. If visible emissions are observed, the observer shall 

conduct a 1-minute visual assessment to determine if visible 

emissions appear to exceed the relevant opacity standard. If 

emissions appear to exceed the relevant standard, the observer 

shall conduct a 6-minute Method 9. The Method 9 test must 

begin within twenty-four hours of the 1-minute visual assessment.

Permit 

Condition

Reporting The Permittee 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(a)(11)(A), and, if applicable, in accordance with the 

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

K.A.R. 

28-19-512

(a)

(11)(A)

K.A.R. 

28-19-11
 9  36

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

B.2 40 CFR 60 Subpart Y, 60.252(a)(1) Thermal dryer particulate standard

a. 

Limitation/ 

Standard

Thermal Dryers. Shall not emit particulate matter in excess of 0.031 gr/scf.

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

Testing Test methods. Method 5 sampling time and volume shall be at least 60 

minutes and 30 dscf for initial performance test within 60 days after 

achieving the maximum production rate but not later than 180 days of 

the initial startup-date as specified in 40 CFR 60.8.

40 CFR 

60.254(b)

(1)

b. 

Limitation/ 

Standard

60.252(a)(2): Thermal dryers. Shall not exhibit greater than 20% opacity

except during startups, shutdowns, & malfunctions.

Monitoring Conduct a qualitative assessment monthly by a certified Method 9 

observer. If visible emissions are observed, the observer shall 

conduct a 1-minute visual assessment to determine if visible 

emissions appear to exceed the relevant opacity standard. If 

emissions appear to exceed the relevant standard, the observer shall 

conduct a 6-minute Method 9. The Method 9 test must begin 

within twenty-four hours of the 1-minute visual assessment.

Permit 

Condition

Reporting The Permittee shall promptly report deviations from permit K.A.R. 
 10  36

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..

28-19-512

(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.

Permit 

Condition

Testing Method 9 and the procedures in 40 CFR 60.11 shall be used to 

determine opacity within 60 days after achieving the maximum 

production rate but not later than 180 days of the initial startup-date 

as specified in 40 CFR 60.8.

40 CFR 

60.254(b)

(2)

c. 

Limitation/ 

Standard

60.253(a)(1): Thermal dryers shall be monitored using a CMS for the measurement 

of the temperature of the gas stream at the exit of the dryer. CMS shall be 

calibrated and certified by the manufacturer to be accurate within ±3 F annually.

Monitoring All monitoring devices under (a) of this section are to be 

recalibrated annually in accordance with procedures under §60.13 

(b).

40 CFR 

60.253(b)

Recordkeeping Records of requirements requested in CEMS conditions are 

included in the facility wide requirements.

N/A

C. 40 CFR 60 Subpart OOO Standards of performance for nonmetallic mineral 

processing plants

Equipment subject to 40 CFR 60 Subpart OOO must comply with the requirements of 40 CFR 60 

Subpart A - General Provisions except where Subpart OOO provides for explicit exemptions to 

Subpart A. 

C.1 40 CFR 60 NSPS OOO, Belt Conveyor Transfer Point, Grinding Mill, Screen, 

Bagging Operation, Storage Bin – Fugitive Source

Limitation/

Standard

The owner or operator shall not cause to be discharged into the atmosphere from any 

transfer point on belt conveyors or from any other affected facility any fugitive 

emissions which exhibit greater than 10% opacity except during startups, shutdowns, 

& malfunctions as specified in 40 CFR 60.672(b).
 11  36

Monitoring Conduct a qualitative assessment monthly by a certified Method 

9 observer. If visible emissions are observed, the observer shall 

conduct a 1-minute visual assessment to determine if visible 

emissions appear to exceed the relevant opacity standard. If 

emissions appear to exceed the relevant standard, the observer 

shall conduct a 6-minute Method 9. The Method 9 test must 

begin within twenty-four hours of the 1-minute visual 

assessment.

Permit 

Condition

If emissions from two or more facilities continuously interfere so 

that the opacity of fugitive emissions from an individual affected 

facility cannot be read, either of the following procedures may

be used:

(i) Use for the combined emission stream the highest fugitive 

opacity standard applicable to any of the individual affected 

facilities contributing to the emissions stream.

(ii) Separate the emissions so that the opacity of emissions from 

each affected facility can be read.

40 CFR 

60.675(e)

Reporting The Permittee 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

(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.

Permit 

Condition

C.2 40 CFR 60 NSPS OOO, Belt Conveyor Transfer Point, Crusher, Grinding Mill, 

Screen, Bagging Operation, Storage Bin –Affected Sources in Buildings

Limitation/

Standard

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

building enclosing any transfer point on a conveyor belt or any other affected facility 

any visible fugitive emissions except during startups, shutdowns, & malfunctions as 

specified in 40 CFR 60.672(e).
 12  36

Monitoring Conduct a qualitative assessment monthly by a certified 

Method 9 observer. If visible emissions are observed, the 

observer shall conduct a 1-minute visual assessment to 

determine if visible emissions appear to exceed the relevant 

opacity standard. If emissions appear to exceed the relevant 

standard, the observer shall conduct a 6-minute Method 9. 

The Method 9 test must begin within twenty-four hours of the 

1-minute visual assessment.

Permit 

Condition

Reporting The Permittee 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(

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.

Permit 

Condition

D. 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.

D.1 40 CFR 63 NESHAP - LLL, Standards for Kilns

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 compliance by performing 

testing initially and every five years as specified in 40 CFR 

63.1349(c).

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)

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)
 13  36

(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 CFR 

63.1355

40 CFR 

63.1355(a)(b)

(c)

c. Limitation/ 

Standard:

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

Dioxins and Furans (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)
 14  36

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)

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.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)

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)
 15  36

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)

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)

D.3 40 CFR 63 NESHAP - LLL, Standards for Raw or 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, initiate corrective action within 1 

hr, conduct follow-up Method 22 test within 24-hours and then 

30-minute Method 9 if further emissions.

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)

D.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
 16  36

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 monthly 1-min visible emissions (VE) test using Method 

22. 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)

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.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 particulate matter 

performance tests within 60 days of the test, Opacity tests within 

30 days of the test.

40 CFR 

63.1354(b)(1, 

2)

The owner or operator shall state that 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)(1)(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

semi-annually 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)

Testing The owner or operator shall repeat performance tests in 

accordance with 63.1349(c) and (d).

40 CFR 

63.1349(c), 

(d)
 17  36

E. State Construction Permit Conditions

E.1 KDHE Construction Permit 1-27-2000 Air Emission Unit Technical 

Specifications.

Limitation/

Standard: 

Construction Permit 1-27-2000 The precalciners on kilns 4 and 5 shall each have a 

maximum design heat input of 120 million Btu per hour and maximum design 

capacity of kilns 4 and 5 each shall be 107. 6 tons per hour of dry feed and 64.6 tons 

per hour clinker. Fabric filters for kilns 4 and 5 shall be to the grade specified in the 

permit application.

Monitoring Monitor daily production and kiln feed rates for 

kilns 4 and 5 in accordance with 40 CFR 60.63.

Construction Permit 1/27/2000 

Monitoring Requirements and 

Compliance 1

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 1/27/2000 

Permit Conditions 2

Recordkeeping Record daily production and kiln feed rates for 

kilns 4 and 5. Keep records of filters used in 

kilns 4 and 5 baghouses.

Permit Condition

Each air pollution control device must be 

installed, operated, and maintained according to 

the manufacturer’s specifications or 

recommendations.

Construction Permit 1/27/2000 

Permit Conditions 1

E.2 KDHE Construction Permit 1-27-2000 Air Emission Unit Technical 

Specifications.

Limitation/

Standard: 

Construction Permit 1-27-2000 Maximum design processing rate of finish mill 

system is 100 tons per hour. Fabric filters are installed, operated, and maintained 

to control PM emissions from finish mill system.

Monitoring Monitor daily production for kilns 4 and 5 in 

accordance with 40 CFR 60.63.

Construction Permit 1/27/2000 

Monitoring Requirements and 

Compliance 1

Each air pollution device must be operating at all 

times that the emissions source that it is 

designated to control is operating.

Construction Permit 1/27/2000 

Permit Conditions 2

Recordkeeping Record daily production and kiln feed rates for 

kilns 4 and 5. Keep records of filters used in 

finish mill system baghouses.

Permit Condition
 18  36

E.3 KDHE Construction Permit 1-27-2000 and 6-14-2004 BACT Air Emission 

Limitations

Limitation/

Standard: 

Construction Permit 1-27-2000 Maximum emissions of sulfur oxides (SO2) from kilns 

4 and 5 are limited to 421 lb/hr, measured as a 24-hour block average; and 622.3 tons, 

measured as a 12-month rolling average.

Testing Monarch shall conduct a performance test to 

measure the amount of oxides of sulfur emitted 

from kilns #4 and #5, in accordance with testing 

procedures, sample collection and test 

methods, as approved by the department, at least 

once every fives years.

Construction Permit 6/14/2004 

Performance Testing and 

Compliance 1

Monarch shall submit a performance test 

protocol to the department, outlining the testing 

to be conducting and the proposed testing and 

sampling methods to be used. The protocol 

shall be submitted to the department at least 

thirty (30) days in advance of the date the 

performance test is to be conducted.

Construction Permit 6/14/2004 

Performance Testing and 

Compliance 2

The department may elect to have a 

representative present during the performance 

testing.

Construction Permit 6/14/2004 

Performance Testing and 

Compliance 3

The first performance test required by this 

permit shall be conducted, and results of the test 

submitted to the department, prior to the date by 

which the facility is required to submit the 

renewal application for the facility’s class I air 

operating permit, but no later than February 24, 

2009.

Construction Permit 6/14/2004 

Performance Testing and 

Compliance 4

Recordkeeping Records shall be kept on-site of the results of the 

latest performance test required to be conducted 

by this permit for at least five (5) years from the 

date of record.

Record Keeping and 

Monitoring Requirements 1

E.4 KDHE Construction Permit 1-27-2000 BACT Air Emission Limitations

Limitation/

Standard: 

Construction Permit 1-27-2000 Maximum emissions of oxides of nitrogen (NOx) from 

kilns 4 and 5 are limited to 348 tons, measured as a 30-day rolling average; and 2,376 

tons, measured as a 12-month rolling average.

Monitoring Install, operate, and maintain good combustion practices 

(GCP) on the preheater/precalciner kiln systems (kilns 4 and 

5).

Construction 

Permit 1/27/2000 

Permit Conditions 

4
 19  36

Install, calibrate, maintain, and operate a CEMS for 

measuring the concentration of NOx from kilns 4 and 5.

Construction 

Permit 1/27/2000 

Monitoring 

Requirements and 

Compliance 4

For each 30-day period that Monarch operates either or both 

of kilns 4 and 5, Monarch shall compute and record the 

30-day rolling average emission rate of NOx based on the 

hourly average of CEMS data. Each month, Monarch shall 

compute and record the 12-month rolling total emission rate 

for NOx based on the total of the monthly emission rates for

the previous 12-month period.

Construction 

Permit 1/27/2000 

Monitoring 

Requirements and 

Compliance 16

Recordkeeping Provide a course of training consisting of classroom and 

hands-on training in GCP.

Construction 

Permit 1/27/2000 

Permit Conditions 

5

Record the output of the NOx CEMS for kilns 4 and 5. Construction 

Permit 1/27/2000 

Monitoring 

Requirements and 

Compliance 4

Maintain employee training records, as necessary, to 

document that the required GCP training has been 

successfully completed.

Construction 

Permit 1/27/2000 

Recordkeeping 6

E.5 KDHE Construction Permit 1-27-2000 BACT Air Emission Limitations

Limitation/

Standard: 

Construction Permit 1-27-2000 Maximum emissions of carbon monoxide (CO) from 

kilns 4 and 5 are limited to 5,000 lb/hr, measured as an 8-hour block average; and 

2,093.3 tons, measured as a 12-month rolling average.

Monitoring Install, operate, and maintain good combustion 

practices on the preheater/precalciner kiln 

systems (kilns 4 and 5).

Construction Permit 

1/27/2000 Permit 

Conditions 4

Install, calibrate, maintain, and operate a CEMS 

for measuring the concentration of CO from kilns 

4 and 5.

Construction Permit 

1/27/2000 Monitoring 

Requirements and 

Compliance 5

For each 8-hour period that Monarch operates 

either or both of kilns 4 and 5, Monarch shall 

compute the 8-hour block average emission rate 

of CO based on the hourly average of CEMS data. 

Each month, Monarch shall compute and record 

the 12-month rolling total emission rate for CO 

based on the total of the monthly emission rates 

Construction Permit 

1/27/2000 Monitoring 

Requirements and 

Compliance 15
 20  36

for the previous 12-month period.

Recordkeeping Provide a course of training consisting of 

classroom and hands-on training in GCP.

Construction Permit 

1/27/2000 Permit 

Conditions 5

Record the output of the CO CEMS for kilns 4 

and 5.

Construction Permit 

1/27/2000 Monitoring 

Requirements and 

Compliance 5

Employee training records, as necessary, to 

document that the required GCP training has been 

successfully completed.

Construction Permit 

1/27/2000 

Recordkeeping 6

E.6 KDHE Construction Permit 1-27-2000 Permit Conditions.

Limitation/

Standard: 

Construction Permit 1-27-2000 Apply water to all unpaved haul roads leading from 

the quarry to the cement plant and to all unpaved roadways on or within the cement plant 

perimeter such that the control efficiency of at least 55% on PM is maintained.

Monitoring Monitor the average hourly daytime traffic rate, d (h-1); 

the water application intensity, i (L/m2); and the time 

between water application, t (h).

Construction Permit 

1/27/2000 Permit 

Conditions 3

Recordkeeping Maintain records of actual haul road traffic, application 

rates of water and chemical suppressants as necessary

to demonstrate compliance with maintaining the 

calculated haul road emission control efficiency of 

55%.

Construction Permit 

1/27/2000 Record 

Keeping 5

E.7 KDHE Construction Permit Monitoring Requirements and Compliance.

Limitation/

Standard: 

Construction Permit 1-27-2000 Install, calibrate, maintain, and operate a system to 

continuously measure and record the volumetric flow rate and temperature of gas 

discharged to the atmosphere from the kiln 4 and 5 stacks.

Monitoring Continuously monitor the stack gas flow rates and 

temperatures.

Construction Permit 

1/27/2000 

Monitoring 

Requirements and 

Compliance 6

Recordkeeping Continuously record the stack gas flow rates and 

temperatures.

Construction Permit 

1/27/2000 

Monitoring 

Requirements and 

Compliance 6
 21  36

E.8 KDHE Construction Permit 1-27-2000 Monitoring Requirements and 

Compliance, 7

Limitation/

Standard: 

Construction Permit 1-27-2000 Install, calibrate, maintain, and operate a system to 

continuously measure and record the kilns 4 and 5 stack oxygen concentrations, the 

value of which shall be used to ensure proper operation of the GCP technology system.

Monitoring Continuously monitor the stack gas oxygen 

concentration.

Construction Permit 

1/27/2000 

Monitoring 

Requirements and 

Compliance 7

Recordkeeping Continuously record the stack gas oxygen concentration. Construction Permit 

1/27/2000 

Monitoring 

Requirements and

Compliance 7

E.9 KDHE Construction Permit 1-27-2000 Monitoring Requirements and 

Compliance.

Limitation/

Standard: 

Construction Permit 1-27-2000 Operation of CEMS, COMS, and stack gas flow 

monitors.

Monitoring Operate all of the CEMS and stack gas flow rate monitors 

on kilns 4 and 5 when the pyroprocessing systems are 

operating, except for CEMS breakdowns, repairs, 

calibration checks, and zero and span adjustments.

Construction Permit 

1/27/2000 

Monitoring 

Requirements and 

Compliance 8

Follow the procedures under 40 CFR 60.13 for 

installation, evaluation and operation of all COMS and 

CEMS.

Construction Permit 

1/27/2000 

Monitoring 

Requirements and 

Compliance 9

Operate all CEMS in accordance with the applicable 

procedures under Performance Specification 1, 2, and 4 in 

40 CFR 60, Appendix B.

Construction Permit 

1/27/2000 

Monitoring 

Requirements and 

Compliance 10

Where there are data gaps in emissions data recorded by 

CO or NOx CEMS, Monarch shall use the average of the 

values of data recorded during that hour, day, or month, as 

appropriate.

Construction Permit 

1/27/2000 

Monitoring 

Requirements and 

Compliance 13
 22  36

Reporting Submit a written excess emissions and monitoring 

systems performance report each calendar quarter.

Construction Permit 

1/27/2000 

Notification 8

Testing Perform quarterly accuracy determinations and daily

calibration drift tests on CEMS in accordance with 

Procedure 1 in 40 CFR 60, Appendix F.

Construction Permit 

1/27/2000 

Monitoring 

Requirements and 

Compliance 11

For the NOx and CO monitors, the span values of each 

CEMS shall be between 1.25 and 2 times the average 

emission level of NOx or CO, respectively.

Construction Permit 

1/27/2000 

Monitoring 

Requirements and 

Compliance 12

E.10 KDHE Construction Permit 1-27-2000 Record Keeping.

Limitation/

Standard: 

Construction Permit 1-27-2000 General record keeping requirements.

Recordkeeping Keep and maintain records in accordance with the 

requirements of 40 CFR 60.7.

Construction Permit 

1/27/2000 Record 

Keeping 1

Maintain records of any period during which a COMS or 

CEMS is inoperative, in accordance with 40 CFR 60.7(b).

Construction Permit 

1/27/2000 Record 

Keeping 2

Maintain records of the COMS and CEMS data for at least 

two years.

Construction Permit 

1/27/2000 Record 

Keeping 3

Maintain records and computations of the emission rates 

for CO and NOx for at least two years.

Construction Permit 

1/27/2000 Record 

Keeping 4

E.11 KDHE Construction Permit 11-26-2002 Permit Conditions

Limitation/

Standard: 

Construction Permit 11-26-2002 The total amount of rock crushed on-site shall not 

exceed the amount of rock necessary to produce 1,885,152 tons of dry kiln feed in each 

consecutive 12-month period.

Monitoring The total quantity of rock crushed on-site shall be 

monitored.

Construction Permit 

11/26/2002 Record 

Keeping and Monitoring 

Requirements 2

Recordkeeping Written records shall be kept monthly of the total Construction Permit 
 23  36

quantity of rock crushed on-site. 11/26/2002 Record 

Keeping and Monitoring 

Requirements 2

E.12 KDHE Construction Permit 11-26-2002 Permit Conditions

Limitation/

Standard: 

Construction Permit 11-26-2002 Apply water to all unpaved haul roads leading 

to and from all active on-site quarries in accordance with Permit Condition 3 of the 

PSD permit issued on January 27, 2000.

Monitoring Monitor the average hourly daytime traffic rate, d (h-1); 

the water application intensity, i (L/m2); and the time 

between water applications, t(h).

Construction Permit 

11-26-2002 Permit 

Conditions 2

Recordkeeping Maintain records of actual haul road traffic, application 

rates of water, and chemical suppressants as necessary

to demonstrate compliance with maintaining the 

calculated haul road emission control efficiency of 55%.

Construction Permit 

1/27/2000 Record 

Keeping 5

E.13 KDHE Construction Permit 11-26-2002 Performance Testing and Compliance

Limitation/

Standard: 

Construction Permit 11-26-2002 Conduct performance testing on all equipment subject 

to NSPS Subpart OOO that has not been previously tested.

Testing Conduct performance testing on all rock crushing 

equipment subject to NSPS Subpart OOO not 

previously tested.

Construction Permit 

11/26/2002 

Performance Testing 

and Compliance 1

Conduct performance testing on all equipment subject 

to Method 9 testing not previously tested.

Construction Permit 

11/26/2002 

Performance Testing 

and Compliance 2

E.14 KDHE Construction Permit 11-26-2002 Record Keeping and Monitoring

Limitation/

Standard: 

Construction Permit 11-26-2002 General record keeping requirements.

Recordkeeping In accordance with 40 CFR 60.7(b), records consisting 

of the occurrence and duration of any startup, shutdown, 

or malfunction in the operation of the equipment subject 

to an NSPS are to be maintained.

Construction Permit 

11/26/2002 Record 

Keeping and 

Monitoring 

Requirements 1

All records required to be kept by the Construction 

Permit issued on 11/26/2002 shall be maintained on site 

for a minimum of two years from the date of the record.

Construction Permit 

11/26/2002 Record 

Keeping and 
 24  36

Monitoring 

Requirements 3

E.15 KDHE Construction Permit 8-25-2003 Air Emission Limitations, 2

Limitation/

Standard: 

Construction Permit 8-25-2003 The concentration of PM discharged to the 

atmosphere from the coal mill surge bin dust collector (baghouse), both coal mill 

baghouses K620, K621, and the pulverized coal bin vent filter (baghouse) must be 

less than 0.012 grains per dry standard cubic foot.

Reporting Submit results of initial performance tests in accordance 

with 40 CFR 60 subpart A

Construction Permit 

8/25/2003 

Performance 

Testing, 1

Recordkeeping Records will be maintained of the occurrence and 

duration of any start-up, shutdown or malfunction in the 

operation of equipment subject to 40 CFR 60, subpart 

Y.

Construction Permit 

8/25/2003 Record 

Keeping and 

Monitoring 

Requirements, 1

Records shall be maintained on site at the facility for a 

minimum of two years from the date of the record.

Construction Permit 

8/25/2003 Record 

Keeping and 

Monitoring 

Requirements, 3

Testing Conduct initial performance tests in accordance with 

Performance Testing section of Construction Permit.

Construction Permit 

8/25/2003 

Performance 

Testing, 1-4

E.16 KDHE Construction Permit 8-25-2003 Air Emission Limitations, 3

Limitation/

Standard: 

Construction Permit 8-25-2003 The opacity of all emission points associated 

with the new coal mill is limited to no greater than 20 percent.

Monitoring Conduct a qualitative assessment monthly by a certified 

Method 9 observer. If visible emissions are observed, 

the observer shall conduct a 1-minute visual assessment 

to determine if visible emissions appear to exceed the 

relevant opacity standard. If emissions appear to exceed 

the relevant standard, the observer shall conduct a 

6-minute Method 9. The Method 9 test must begin 

within twenty-four hours of the 1-minute visual 

assessment.

Permit Condition

Reporting The owner or operator shall promptly report deviations K.A.R. 
 25  36

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(a)(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.

28-19-512(a)(11)(A

), 

28-19-11

Submit results of initial performance tests in accordance 

with 40 CFR 60 subpart A.

Construction Permit 

8/25/2003 

Performance 

Testing, 1

Testing Conduct initial performance tests in accordance with 

Performance Testing section of Construction Permit.

Construction 

Permit 8/25/2003 

Performance 

Testing, 1-3, 5

Recordkeeping Records will be maintained of the occurrence and 

duration of any start-up, shutdown, or malfunction in 

the operation of equipment subject to 40 CFR 60, 

subpart Y.

Construction Permit 

8/25/2003 Record 

Keeping and 

Monitoring 

Requirements, 1

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.

Construction Permit 

8/25/2003 Record 

Keeping and 

Monitoring 

Requirements, 3

E.17 KDHE Construction Permit 8-25-2003 Permit Conditions, 1

Limitation/

Standard: 

Construction Permit 8-25-2003 The amount of coal processed by the new coal

mill shall not exceed 175,200 tons during each consecutive twelve (12) month 

period.

Monitoring The quantity of coal processed in the new coal mill 

during each calendar month will be monitored.

Construction Permit 

8/25/2003 Record 

Keeping and 

Monitoring

Requirements, 2

Recordkeeping Written records shall be kept of the total quantity of 

coal processed during each calendar month and the total 

amount of coal processed in the new coal mill on a 

twelve (12) month rolling average for each consecutive 

twelve (12) month period.

Construction Permit 

8/25/2003 Record 

Keeping and 

Monitoring 

Requirements, 2

Records shall be maintained on site at the facility for a 

minimum of two years from the date of the record.

Construction Permit 

8/25/2003 Record 
 26  36

Keeping and 

Monitoring 

Requirements, 3

E.18 KDHE Construction Permit 8-25-2003 Permit Conditions, 2

Limitation/

Standard: 

Construction Permit 8-25-2003 PM emissions generated from loading coal onto 

the conveyor shall be controlled by the existing coal elevator/conveyor baghouse. 

PM emissions generated from off-loading the coal from the conveyor into the coal 

surge bin shall be controlled by the new coal mill surge bin dust collector.

Recordkeeping Records will be kept of any malfunction of the air 

pollution control equipment.

Construction Permit 

8/25/2003 Record 

Keeping and 

Monitoring 

Requirements, 1

Records shall be maintained on site at the facility for a 

minimum of two years from the date of the record.

Construction Permit 

8/25/2003 Record 

Keeping and 

Monitoring 

Requirements, 3

E.19 KDHE Construction Permit 8-25-2003 Permit Conditions, 3

Limitation/

Standard: 

Construction Permit 8-25-2003 The gas stream leaving the cyclone shall be 

ducted into the coal mill and on through the new coal mill baghouse(s), prior to 

discharge to the atmosphere.

Recordkeeping Records will be kept of any malfunction in the operation 

of an affected facility and any malfunction of the air 

pollution control equipment.

Construction Permit 

8/25/2003 Record 

Keeping and 

Monitoring 

Requirements, 1

Records shall be maintained on site at the facility for a 

minimum of two years from the date of the record.

Construction Permit 

8/25/2003 Record 

Keeping and 

Monitoring 

Requirements, 3

E.20 KDHE Construction Permit 8-25-2003 Permit Conditions, 4

Limitation/

Standard: 

Construction Permit 8-25-2003 The coal mill heater shall be fired with natural 

gas only.

Recordkeeping Records will be kept of any malfunction in the operation Construction Permit 
 27  36

of an affected facility and any malfunction of the air 

pollution control equipment.

8/25/2003 Record 

Keeping and 

Monitoring 

Requirements, 1

Records shall be maintained on site at the facility for a 

minimum of two years from the date of the record. 

Construction Permit 

8/25/2003 Record 

Keeping and 

Monitoring 

Requirements, 3

E.21 KDHE Permit Conditions

Limitation/

Standard: 

Kiln #3 and associated clinker cooler- are to remain shutdown for term of the 

operating permit.

Recordkeeping The owner or operator shall keep records for the life of 

this permit documenting the date that Kiln #3 and its 

clinker cooler were shut down.

Permit Condition

E.22 KDHE Construction Approval 2-17-2004 Permit Conditions

Limitation/

Standard: 

Upon completion of the dust collector upgrade 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 Upon completion of the dust collector upgrade the owner or 

operator shall conduct monthly 1-min visible emissions 

(VE) test using Method 22. If visible emissions are 

observed during any Method 22 test, conduct a 6-minute 

Method 9 within one hour. 

40 CFR 

63.1350(a)(4)(i-vi

i)

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)

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)

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 
 28  36

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 

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.
 29  36

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 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.

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 
 30  36

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. 

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 
 31  36

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

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 28-19-32, K.A.R. 28-19-501(d) and 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 
 32  36

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 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 effected 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
 33  36

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.

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 March 28 of each year, beginning March 28, 2005 for the period 

February 26, 2004 through February 25, 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. Any

document required to be submitted in accordance with this permit shall be certified by a 

responsible official. 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
 34  36

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 

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 
 35  36

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:

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 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
 36  36

Engineering Associate

Air Construction/Operating Permits & Compliance Section

WGS:saw

c: SEDO

O-5799