K A N S A S

RODERICK L. BREMBY, SECRETARY KATHLEEN SEBELIUS, GOVERNOR

DEPARTMENT OF HEALTH AND ENVIRONMENT

AIR EMISSION SOURCE

CLASS I OPERATING PERMIT

Source ID No.: 1330001

Effective Date: DRAFT

Expiration Date: June 21, 2009

Source Name: Ash Grove Cement Company

SIC Code: 3241, 4953 Portland Cement Manufacturing Industries

NAICS Code: 327310, Cement Manufacturing

Source Location: 1801 North Santa Fe 

Chanute, Kansas 66720

Mailing Address: P.O. Box 519

Chanute, Kansas 66720

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
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, SO2, CO, and VOC 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 ............................................................................................6

Emission Source Information ..........................................................................................................6

Applicable Requirements .................................................................................................................6

Facility Wide Applicable Requirements ........................................................................................62

Opacity Monitoring Section ...........................................................................................................64

Requirements Which Will Become Applicable During the Permit Term .....................................66

Permit Shield ..................................................................................................................................66

Testing, Monitoring, Recordkeeping, and Reporting ....................................................................67

Reporting of Deviations from Permit Terms .................................................................................67

General Provisions .........................................................................................................................68

1. K.A.R. 28-19-11: Exceptions Due to Breakdowns or Scheduled Maintenance ............68

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

Construction of New Major Sources or Reconstruction of Existing Major Sources ......68

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 ..............................................68

4. Permit Term and Renewal ..............................................................................................69

5. Severability .....................................................................................................................69

6. Property Rights ...............................................................................................................69

7. Compliance .....................................................................................................................69

8. Compliance Certification ...............................................................................................69

9. Emergency ......................................................................................................................70

10. Inspection and Entry .......................................................................................................70

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

Permit Action ..................................................................................................................71

12. Duty to Provide Information ..........................................................................................71

13. Duty to Supplement ........................................................................................................71

14. Other Permits and Approvals; Applicability ..................................................................72

15. Submissions ....................................................................................................................72

Attachment A. Site Diagram

Attachment B. Acronyms and Symbols

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

Attachment D. Emission Points with Very Low or Nonexistent Visible Emissions 

Attachment E. 40 CFR 60 Subpart A

Attachment F. 40 CFR 61 Subpart A 

Attachment G. 40 CFR 63 Subpart A
Page 4 of 77

Facility Description

I. Introduction

Ash Grove Cement Company (Ash Grove) of Overland Park, Kansas, is a major 

manufacturer of Portland cement in the United States. Ash Grove owns and operates 

numerous cement manufacturing facilities located across the country. One such facility is the 

Ash Grove Cement Plant (Plant) located at the corner of North Santa Fe Street and Ash 

Grove Road adjacent to the northern limits of the city of Chanute, Kansas. The plant is 

located within the city limits of Chanute in Neosho County.

Cement production has been conducted at this site since 1908. The latest wet-process cement 

operation was constructed in 1964 and continued operation until 2001. Numerous technical 

advances have occurred over the last three decades to make the Portland cement 

manufacturing process more energy efficient. Ash Grove intends to take advantage of these 

advances to maintain its competitive position in the market and to provide its customers with 

increased quantities of quality cement products. The new plant is significantly larger than the 

existing operation and employs the latest technology in all phases of cement production. The 

two pre-existing wet-process kilns and the associated raw mill have been replaced with a single

preheater/precalciner kiln design and an in-line raw mill for dry raw material preparation. With

these kiln design changes came modifications in the various material conveyance and storage 

operations at the facility. These modifications were designed to minimize air emissions. Even 

with the increase in production, certain pollutant emissions have decreased over previous 

operations.

Ash Grove received authorization to modify and modernize the existing Plant on August 27, 

1999 from the Kansas Department of Health & Environment (KDHE) and on October 28, 

1999 from Region VII of the United States Environmental Protection Agency (USEPA). 

Authorizations for additional systems were received from the agency after these dates for other

supporting systems. A Modification of Permit Conditions June 22, 2004 has modified 

previously established permit conditions.

Ash Grove received authorization from KDHE on December 30, 2004 to modify the kiln to 

utilize alternative non-hazardous waste fuels. Ash Grove also received authorization from 

KDHE to utilize petroleum coke during all modes of operation on March 30, 2006. The 

operating permit was updated on May 29, 2007 to incorporate these two PSD permits, as well 

as a number of construction approvals that were issued since the last update. 

II. General Description

Ash Grove’s Plant manufactures various Portland cement products for shipment throughout a 

large geographical area in the Midwest region of the United States. The cement manufacturing

process involves the following steps:

1) Quarrying and crushing limestone and acquisition of other raw materials.

2) Proportioning and grinding of the raw materials.

3) Pyroprocessing the raw material mix in the cement kiln system to form Portland 

cement clinker.

4) Grinding the clinker with gypsum and other additives to form Portland cement 

products.
Page 5 of 77

Ash Grove acquires much of the raw materials for the cement production operation from 

adjacent quarries. Materials such as limestone are mined from these quarries and transported 

to the primary crusher. Once initial sizing has occurred, the limestone material is then 

transported through a secondary crusher unit and conveyed into a storage dome. Additional 

raw materials such as clay, sand, and iron ore are received from on-site and off-site sources, 

unloaded into receiving bins, and conveyed into a covered storage building. From these two 

storage operations, raw materials are transported into holding bins for proper proportioning 

into the raw mill grinding systems. Predetermined ratios of the various materials are 

determined by the cement laboratory and depend on the cement chemical composition of the 

individual components within each raw material.

The ground raw materials, known as the raw material mix or kiln feed, are stored in a 

blending silo system prior to introduction into the top portion of the preheater/precalciner 

tower. Features of the pyroprocessing system include a relatively short rotary kiln, five 

stages of cyclone-type preheater vessels located in a tall tower adjacent to the kiln, and a 

precalciner vessel at the base of the tower in which burning fuel is intimately mixed with 

raw materials. Coal, petroleum coke, natural gas, used oil, hazardous waste-derived fuels 

(WDF), and alternative non-hazardous waste-derived fuels are used to provide thermal 

energy to the pyroprocess in both the preheater/precalciner tower and the rotary kiln. The 

Plant has been permitted for, and continues to use liquid (pumpable) and solid (containerized

and bulk) WDF for beneficial energy recovery in the new pyroprocessing system. Flame 

temperatures of approximately 3400oF must be reached within the rotary kiln to produce 

material temperatures in the range of 2700

o

F to bring about the final chemical reactions that 

turn the raw materials into clinker. The hot exhaust gases from the tower are used to dry the 

raw materials in the vertical roller raw mill.

In conjunction with the kiln and raw mill replacement, Ash Grove has expanded the finished 

cement grinding capacity of the plant through the conversion of the existing raw mill into a 

finish mill system and the addition of a new finish mill. The two existing finish mills will 

remain in production. All finish mill operations are typical ball mill systems that include the 

rotary ball mill, a high efficiency separator, dust collectors, material bins and feeders, and 

material handling/conveyance equipment. The finished cement products are stored in 

existing silos systems for bulk transport loading.

Aside from the described major processes, there are numerous minor operations such as 

cement bagging operations, coal unloading/storage, and diesel/gasoline storage tanks.

III. 40 CFR Part 63, Subpart LLL and EEE Transition

Various operations at the facility were previously subject to 40 CFR Part 60, Subpart F, 

Cement Manufacturing. As of June 14, 2002 all such operations, other than the kiln system, 

are now subject to the provisions of 40 CFR Part 63, Subpart LLL, National Emission 

Standard for Hazardous Air Pollutants from the Portland Cement Manufacturing Industry. 

Therefore the Subpart F requirements do not apply. The kiln system is subject to 40 CFR Part

63, Subpart EEE, National Emission Standard for Hazardous Air Pollutants from Hazardous 

Waste Combustors.
Page 6 of 77

Summary of Applicable Requirements

A. K.A.R. 28-19-xx ........................................................................................................................7

B. 40 CFR 60 Subpart A ................................................................................................................8

C. 40 CFR 60 Subpart Kb ..............................................................................................................8

D. 40 CFR 60 Subpart Y ................................................................................................................9

E. 40 CFR 60 Subpart OOO ........................................................................................................11

F. 40 CFR 61 Subpart A ..............................................................................................................13

G. 40 CFR 61 Subpart V ..............................................................................................................13

H. 40 CFR 61 Subpart FF ............................................................................................................21

I. 40 CFR 63 Subpart A ..............................................................................................................29

J. 40 CFR 63 Subpart DD ...........................................................................................................29

K. 40 CFR 63 Subpart PP ............................................................................................................32

L. 40 CFR 63 Subpart EEE ..........................................................................................................35

M. 40 CFR 63 Subpart LLL ..........................................................................................................42

N. State Construction Permit Conditions .....................................................................................50

Emission Source Information

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 # 30 

tons/hr, E = 4.1(P

0.67), 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
Page 7 of 77

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

Reporting and

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 28-19-650(a)(2), Opacity Limitations, Stationary Sources, Existing as of 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 visible emissions (VE) test using Method 22. If visible

emissions are observed conduct an additional 1-minute Method 22

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),

Method 22 during which visible emissions were observed, unless a

follow-up Method 22 demonstrated no visible emission. See NonMACT Visible Emissions Monitoring Plan for more details.

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 semiannual 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),

28-19-11

Recordkeeping Maintain records of the monthly VE tests for a period of five years. Permit

Condition

A.3 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.
Page 8 of 77

Monitoring Conduct 1-min visible emissions (VE) test using Method 22. If

visible emissions are observed conduct an additional 1-minute

Method 22 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), Method 22 during which visible emissions were

observed, unless a follow-up Method 22 demonstrated no visible

emission. See Non-MACT Visible Emissions Monitoring Plan for

more details.

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 semiannual 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 Maintain records of the monthly VE tests for a period of five years.

B. 40 CFR 60 Subpart A

Applicable citations for 40 CFR 60 Subpart A are provided in Attachment E.

C. 40 CFR 60 Subpart Kb

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

Provisions except where Subpart Kb provides for explicit exemptions to Subpart A. The 40 CFR 60 Subpart A -

General Provisions are found in Attachment E of this permit.

Except as provided in §60.1 10b(b), (c), and (d), the affected facility to which this subpart 

applies is each storage vessel with a capacity greater than or equal to 40 cubic meters (m3) 

that is used to store volatile organic liquids (VOLs) for which construction, reconstruction, 

or modification is commenced after July 23, 1984.

60.1 10b(a)

C.1 40 CFR 60 NSPS - Kb, Tank

a. Limitation/Standard: 60.1 12b(a)(3)(i)

Must have a closed vent system designed to collect all VOC vapors 

and operate with no detectable emission as indicated by an 

instrument reading of less than 500 ppm above background and 

visual inspection as determined in §60.485(b).

Monitoring Compliance with LDAR program of 40 CFR 61 Subpart FF 

demonstrates

compliance with this requirement.

N/A

Testing Method 21 and visual inspection 60.485(b)
Page 9 of 77

b. Limitation/Standard: 60.1 12b(a)(3)(ii) Must have a control device designed to reduce VOC emissions by 95%

Monitoring Closed vent system and control device must be monitored 

according to the operating plan

60.1 13b(c)(2)

One or more devices which vent directly to the atmosphere may 

be used on the closed-vent system provided each device remains 

in a closed, sealed position during normal operations

61.349(a)(1)(iv)

Reporting An operating plan must be submitted with the startup notification 

that documents that the combustion device will have a minimum 

residence time of 0.75 seconds and a minimum temp. of 816C

60.1 13b(c)(1)

Recordkeeping Keep records of 1) Operating plan and 2) Measured values of

monitored parameters for life of control equipment

60.115b(c)

Records must be kept for the life of the source 60.1 16b(a)

Keep records of the dimension and capacity of the storage vessel 

for the life of the control device

60.1 16b(b)

Testing The source of each vessel storing a waste mixture of 

indeterminate or variable composition shall be subject to these 

requirements: Prior to initial filling of the vessel, the highest 

maximum true vapor pressure for the range of anticipated liquid 

compositions to be stored will be determined using the methods 

described in paragraph (e). For vessels in which the vapor 

pressure of the anticipated liquid composition is above the cutoff 

for monitoring but below the cutoff for controls as defined in 

§60.1 12b(a), an initial physical test of the vapor pressure is 

required; and a physical test at least once every 6 months 

thereafter is required as determined by the following methods: 

ASTM Method D2879-83 (incorporated by reference-see §60.17); 

ASTM Method D323-82 (incorporated by reference-see §0.17); or 

as measured by an appropriate approved method.

60.1 16b(f)

The owner or operator of each vessel equipped with a closed vent

system and control device meeting the specifications of § 60.1 

12b is exempt from the requirements of §60.1 16b(c) and (d).

60.1 16b(g)

D. 40 CFR 60 Subpart Y Standards of Performance for Coal Preparation Plants

Applicable Requirement (Summary)

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. The 40 CFR 60 

Subpart A - General Provisions are found in Attachment E of this permit.

The provisions of this subpart are applicable to any of the following affected facilities in coal

preparation plants which process more than 200 tons per day: Thermal dryers, pneumatic coalcleaning equipment (air tables), coal processing and conveying equipment (including breakers 

and crushers), coal storage systems, and coal transfer and loading systems.

60.250(a)

Any facility under §60.250(a) that commences construction or modification after October 24, 

1974,

is subject to the requirements of this subpart.

60.250(b)

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

storage, transfer, or loading equipment

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

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

malfunctions
Page 10 of 77

Monitoring Conduct 1-min visible emissions (VE) test using Method 22. If visible 

emissions are observed conduct an additional 1-minute Method 22 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), Method 22 during which 

visible emissions were observed, unless a follow-up Method 22 

demonstrated no visible emission. See Non-MACT Visible Emissions 

Monitoring Plan for more details.

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(ii)(A)

K.A.R. 28-

19-11

Recordkeeping Maintain records of the monthly VE tests for a period of five years. Permit 

Condition

D.2 40 CFR 60 Subpart, 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. 8/26/99

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

8/26/99

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.

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

Reporting See Section L, 40 CFR 63 Subpart EEE, for details on compliance with this 

limit Recordkeeping

Testing

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.
Page 11 of 77

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

annually in accordance with procedures under §60.13 (b).

60.253(b)

Recordkeeping Records of requirements requested in CEMS conditions are included in 

the

facility wide requirements

N/A

E. 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. The 40 

CFR 60 Subpart A - General Provisions are found in Attachment E of this permit.

Except as provided in §60.670(a)(2), (b), (c), and (d), the provisions of this subpart are

applicable to the following affected facilities in fixed or portable nonmetallic mineral

processing plants: each crusher, grinding mill, screening operation, bucket elevator, belt

conveyor, bagging operation, storage bin, enclosed truck or railcar loading station.

60.670(a)(1)

An affected facility under § 60.670(a) that commences construction, reconstruction, or

modification after August 31, 1983 is subject to the requirements of this part.

60.670(e)

One-Time Initial Performance Testing Related Requirements

Reporting Submit written reports of the results of all performance tests conducted to

demonstrate compliance with the standards set forth in § 60.672 of this

subpart.

60.676(f)

Testing Method 9 and the procedures in §60.11 shall be used to determine opacity. 60.675(b)(2)

In determining compliance with the particulate matter standards [opacity] in

§ 60.672 (b) and (c), the owner or operator shall use Method 9 and the

procedures in § 60.11, with additions as given in § 60.675(c)(1)(i)-(iii).

60.675(c)(1)

Testing 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.

60.675(e)

Non-crushers - When determining compliance with the opacity standard, the

duration of the initial performance test, Method 9 observations, may be

reduced from 3 hours (thirty 6-minute averages) to 1 hour (ten 6-minute

averages) if there are no individual readings greater than 10 percent opacity;

and there are no more than 3 readings of 10 percent for the 1-hour period.

60.675(c)(3)

Crushers - When determining compliance with the fugitive emissions 

standard for any crusher at which a capture system is not used as described 

under § 60.672(c) of this subpart, the duration of the Method 9 observations 

may be reduced from 3 hours (thirty 6-minute averages) to 1 hour (ten 6-

minute averages) only if the following conditions apply:

(i) There are no individual readings greater than 15 percent opacity; and

(ii) There are no more than 3 readings of 15 percent for the 1-hour period.

60.675(c)(4)
Page 12 of 77

Storage Bins Controlled by a Baghouse - The duration of the initial Method 9

observations shall be 1 hour (ten 6-minute averages). 60.675(c)(2)

Structures. Shall use Method 22 to determine fugitive emissions. The

performance test shall be conducted while all affected facilities inside the

building are operating. The performance test for each building shall be at 

least 75 minutes in duration, with each side of the building and the roof 

being observed for at least 15 minutes.

60.675(d)

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

Operation, Storage Bin – Fugitive Source

Limitation/ 60.672(b): Shall not cause to be discharged into the atmosphere from any transfer point on belt

Standard conveyors or from any other affected facility any fugitive emissions which exhibit greater 

than 10% opacity except during startups, shutdowns, & malfunctions.

Monitoring Conduct 1-min visible emissions (VE) test using Method 22. If visible

emissions are observed conduct an additional 1-minute Method 22 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), Method 22 during which 

visible emissions were observed, unless a follow-up Method 22 

demonstrated no visible emission. See Non-MACT Visible Emissions 

Monitoring Plan for more details.

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.

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..

Permit

Condition

Recordkeeping Maintain records of the monthly VE tests for a period of five years. Permit

Condition

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

Bagging Operation, Storage Bin –Affected Sources in Buildings

Limitation/ 60.672(e): No owner or operator shall cause to be discharged into the atmosphere from any 

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

fugitive emissions except during startups, shutdowns, & malfunction.
Page 13 of 77

Monitoring Conduct 1-min visible emissions (VE) test using Method 22. If visible

emissions are observed conduct an additional 1-minute Method 22 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), Method 22 during 

which visible emissions were observed, unless a follow-up Method 22

demonstrated no visible emission. See Non-MACT Visible Emissions

Monitoring Plan for more details.

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 Maintain records of the monthly VE tests for a period of five years. Permit Condition

F. 40 CFR 61 Subpart A

Applicable citations for 40 CFR 61 Subpart A are provided in Attachment F.

G. 40 CFR 61 Subpart V National Emission Standard for Equipment Leaks

General Requirements

Applicable Requirement (Summary) Citation

Equipment subject to 40 CFR 61 Subpart V must comply with the requirements of 40 CFR 61 Subpart A - General

Provisions except where Subpart V provides for explicit exemptions to Subpart A. The 40 CFR 61 Subpart A –

General Provisions are found in Attachment F of this permit.

The provisions of this subpart apply to each of the following sources that are intended to operate in

volatile hazardous air pollutant (VHAP) service: pumps, compressors, pressure relief devices,

sampling connection systems, open-ended valves or lines, valves, flanges and other connectors,

product accumulator vessels, and control devices or systems required by this subpart.

61.240(a)

The provisions of this subpart shall demonstrate compliance with the requirements of §§61.242 -1 

to 61.242-11 for each new and existing source as required in 40 CFR 61.05, except as provided in 

§§61.243 and 61.244.

61.242-1(a)

Compliance with this subpart will be determined by review of records, review of performance test

results, and inspection using the methods and procedures specified in §61.245. 61.242-1(b)

If an instrument reading of 10,000 ppm or greater is measured, a leak is detected. 61.242-7(b)

G.1 40 CFR 61 Subpart V, General Requirements

a. Limitation/Standard 61.242-1(d) Standards: General. Each piece of equipment to which this subpart 

applies shall be marked in such a manner that it can be distinguished readily from 

other pieces of equipment.

b. Limitation/Standard 61.242-1(e) Standards: Equipment that is in vacuum service is excluded from the 

requirements of §61.242-2, to §61.242-11 if it is identified as required in 

§61.246(e)(5).
Page 14 of 77

Reporting A statement must be submitted to the Administrator notifying them that the

requirements of §§61.242, 61.245, 61.246, and 61.247 are being implemented. 61.247(a)(1)

Statement is to be submitted within 90 days of the effective date 61.247(a)(2)

In the case of new sources which did not have an initial startup date preceding

the effective date, the statement shall be submitted with the application for

approval of construction, as described in § 61.07.

61.247(a)(3)

The statement shall contain the listed information for each source. 61.247(a)(4)

A report shall be submitted to the Administrator semiannually starting 6 

months after the initial report that includes the information detailed in 

§61.247(b)(1-5)

61.247(b)

In the first report submitted as required in paragraph (a) of this section, the

report shall include a reporting schedule stating the months that semiannual

reports shall be submitted. Subsequent reports shall be submitted according to

that schedule, unless a revised schedule has been submitted in a previous

semiannual report.

61.247(c)

Recordkeeping Record in a log a list of identification numbers for equipment (except welded

fittings) subject to the requirements of this subpart.

61.246(e)(1)

Record in a log a list of identification numbers for equipment that the owner 

or operator elects to designate for no detectable emissions as indicated by an

instrument reading of less than 500 ppm above background, the designation of

this equipment for no detectable emissions shall be signed by the owner or

operator.

61 .246(e)(2)

Record in a log a list of equipment identification numbers for pressure relief

devices required to comply with §61.242-4(a). 61.246(e)(3)

Record in a log the dates of each compliance test required in §61.242-2(e),

§61.242-3(l), §61.242-4, §61.242-7(f), and §61.135(g) as well as the 

background level measure during each test and the maximum instrument 

reading measured at the equipment during each test.

61.246(e)(4)

Record in a log a list of identification numbers for equipment in vacuum 

service. 61 .246(e)(5)

Record in a log an analysis demonstrating the design capacity of the process

unit and an analysis demonstrating that the equipment is not in VHAP service

for use in determining exemptions as provided in 40 CFR 61, Subpart V.

61.246(i)

Record in a log information and data used to demonstrate that a piece of

equipment is not in VHAP service. 61.246(j)

G.2 40 CFR 61 NESHAP - Subpart V, Pumps

a. Limitation/Standard 61.242-2(a)(1) Standards: Each pump shall be monitored monthly to detect leaks, 

except as provided in §61.242-1(c) and §61.242-2(d), (e), (f) and (g).

b. Limitation/Standard 61.242-2(a)(2) Standards: Each pump shall be checked by visual inspection each 

calendar week for indications of liquids dripping from the pump seal.

Monitoring Test methods and procedures. Monitoring, as required in §§ 61.242, 61.243,

61.244, and 61.135, shall comply with the following requirements: (1) Monitoring 

shall comply with Method 21 of appendix A of 40 CFR part 60.

61.245(b)(1)
Page 15 of 77

Test methods and procedures. Monitoring, as required in §§ 61.242, 61.243,

61.244, and 61.135, shall comply with the following requirements: (2) The

detection instrument shall meet the performance criteria of Reference Method 21.

61.245(b)(2)

Monitoring, as required in §§ 61.242, 61.243, 61.244, and 61.135, shall comply 

with the following requirements: (3) The instrument shall be calibrated before use 

on each day of its use by the procedures specified in Reference Method 21.

61.245(b)(3)

Calibration gases shall be: (i) Zero air (less than 10 ppm of hydrocarbon in air); 

and (ii) A mixture of methane or n-hexane and air at a concentration of

approximately, but less than, 10,000 ppm methane or n-hexane.

61.245(b)(4)

If an instrument reading of 10,000 ppm or greater is measured, a leak is detected. 61.242-2(b)(1)

If there are indications of liquids dripping from the pump seal, a leak is detected. 61.242-2(b)(2)

Delay of repair of equipment for which leaks have been detected will be allowed if 

the repair is technically infeasible without a process unit shutdown. Repair of this 

equipment shall occur before the end of the next process unit shutdown.

61.242-10(a)

Delay of repair for equipment for which leaks have been detected will be allowed 

for equipment that is isolated from the process and that does not remain in VHAP 

service.

61.242-10(b)

Delay of repair for pumps will be allowed if: (1) Repair requires the use of a dual 

mechanical seal system that includes a barrier fluid system, and (2) Repair is 

completed as soon as practicable, but not later than 6 months after the leak was 

detected.

61.242-10(d)

Delay of repair beyond a process unit shutdown will be allowed if supplies

depleted and had previously been stocked. 61.242-10(e)

When a leak is detected, it shall be repaired as soon as practicable, but not later 

than 15 calendar days after it is detected, except as provided in §61.242–10.

61.242-2(c)(1)

A first attempt at repair shall be made no later than 5 calendar days after each

leak is detected.

61 .242-2(c)(2)

Recordkeeping When each leak is detected, a weatherproof and readily visible identification,

marked with the equipment identification number shall be attached to the leaking 

equipment.

61.246(b)(1)

When each leak is detected as specified in §§ 61.242–2, 61.242–3, 61.242–7,

61.242–8, and 61.135, the following requirements apply: (3) The identification on 

equipment, except on a valve, may be removed after it has been repaired.

61.246(b)(3)

When each leak is detected, record the instrument and operator identification

numbers and the equipment identification number. 61.246(c)(1)

When each leak is detected, record the date the leak was detected and the dates

of each attempt to repair the leak. 61 .246(c)(2)

Recordkeeping When each leak is detected record ‘‘Above 10,000’’ if the maximum instrument 

reading measured by the methods specified in § 61.245(a) after each repair attempt 

is equal to or greater than 10,000 ppm

61.246(c)(4)

When leak is detected record ‘‘Repair delayed’’ and the reason for the delay if a 

leak is not repaired within 15 calendar days after discovery of the leak. 61.246(c)(5)

When each leak is detected, record the signature of the owner or operator (or 

designate) whose decision it was that repair could not be effected without a

process shutdown.

61 .246(c)(6)
Page 16 of 77

When each leak is detected the following information shall be recorded in a log and 

shall be kept for 2 years in a readily accessible location: (7) The expected date of 

successful repair of the leak if a leak is not repaired within 15 calendar days.

61 .246(c)(7)

When each leak is detected, the following information shall be recorded in a log 

and shall be kept for 2 years in a readily accessible location: (8) Dates of process 

unit shutdowns that occur while the equipment is unrepaired.

61 .246(c)(8)

When each leak is detected, the following information shall be recorded in a log

and shall be kept for 2 years in a readily accessible location: (9) The date of 

successful repair of the leak.

61 .246(c)(9)

G.2a 40 CFR 61 Subpart V, Pumps Equipped with Dual Mechanical Seal System

Limitation/ 61.242-2(d) Each pump equipped with a dual mechanical seal system that includes a barrier fluid

Standard system is exempt from the requirements of §61.242-2(a) and (b), provided that the 

requirements listed in §61.242-2(d) are met.

G.2b 40 CFR 61 Subpart V, Pumps Designated as “no detectable emissions”

Limitation/ 61.242-2(e) Any pump designated, as described in §61.246(e)(2), for no detectable emissions, as

Standard indicated by an instrument reading of less than 500 ppm above background, is exempt from the 

 requirements of §61.242-2(a), (c), and (d) as long as the pump meets the requirements 

listed in §61.242-2(e).

G.2c 40 CFR 61 Subpart V, Pumps with a Closed-vent System

Limitation/ 61.242-2(f) If any pump is equipped with a closed-vent system capable of capturing and

Standard transporting any leakage from the seal or seals to a process or fuel gas system or to a 

control device that complies with the requirements of §61.242-11, it is exempt from the 

requirements of §61.242-2(a-e).

G.2d 40 CFR 61 Subpart V, Pumps that are Unsafe to Monitor

Limitation/ 61.242-2(g) Any pump that is designated, as described in §61.246(f)(1), as an unsafe-to-monitor

Standard pump is exempt from the monitoring and inspection requirements of §61.242-2(a) and (d)(4-6) as 

 long as the requirements of §61.242-2(g) are met.

G.2e 40 CFR 61 Subpart V, Unmanned Plant Site

Limitation/ 61.242-2(h) Any pump that is located within the boundary of an unmanned plant site is exempt

Standard from the weekly visual inspection requirement of §61.242-2(a)(2) and (d)(4) of this 

section, and the daily requirements of paragraph §61.242-2(d)(5), provided that each pump 

is visually inspected as often as practicable and at least monthly.

G.3 40 CFR 61 Subpart V, Compressors

Limitation/ 61.242-3(a) Each compressor shall be equipped with a seal system that includes a barrier fluid

Standard system and that prevents leakage of process fluid to atmosphere, except as provided in §61.242- 1(c)

and §61.242-3(h) and (i).
Page 17 of 77

Monitoring Each compressor seal system required shall follow the requirements of §61.242-

3(b)(1-3). 61.242-3(b)

The barrier fluid shall not be in VHAP service and, if the compressor is covered

by standards under 40 CFR part 60, shall not be in VOC service. 61.242-3(c)

Each barrier fluid system shall be equipped with a sensor that will detect failure 

of the seal system, barrier fluid system, or both. 61.242-3(d)

Each sensor shall be checked daily or shall be checked daily or shall be equipped 

with an audible alarm unless the compressor is located within the boundary of an 

unmanned plant site.

61.242-3(e)(1)

The owner or operator shall determine, based on design considerations and 

operating experience, a criterion that indicates failure of the seal system, the 

barrier fluid system, or both.

61.242-3(e)(2)

If the sensor indicates failure of the seal system, the barrier fluid system, or both 

based on the criterion determined under §61.242-3(e)(2), a leak is detected. 61.242-3(f)

When a leak is detected, it shall be repaired as soon as practicable, but not later 

than 15 calendar days after it is detected, except as provided in §61.242-10. 61.242-3(g)(1)

A first attempt at repair shall be made no later than 5 calendar days after each 

leak is detected. 61.242-3(g)(2)

A compressor is exempt from the requirements of §61.242-3(a) and (b) if it is 

equipped with a closed-vent system to capture and transport leakage from the 

compressor drive shaft back to a process or fuel gas system or to a control device 

that complies with the requirements of §61.242-11, except as provided in 

§61.242-3(h)(i).

61.242-3(h)

G.4 40 CFR 61 Subpart V, Pressure Relief Devices in gas/vapor service

Limitation/ 61.242-4(a) Except during pressure releases, each pressure relief device in gas/vapor service shall be

Standard operated with no detectable emissions, as indicated by an instrument reading of less than 500ppm 

above background, as measured by the method specified in §61.245(c).

Monitoring After each pressure release, the pressure relief device shall be returned

to a condition of no detectable emissions, as indicated by the 

instrument reading of less than 500 ppm above background, as soon as 

practicable, but no later than 5 calendar days after each pressure 

release, except as provided in §61.242-10.

61.242-4(b)(1)

No later than 5 calendar days after the pressure release, the pressure 

relief device shall be monitored to confirm the condition of no 

detectable emissions, as indicated by an instrument reading of less 

than 500 ppm above background, as measured by the method specified 

in §61.245(c).

61.242-4(b)(2)

Any pressure relief device that is routed to a process or fuel gas 

system or equipped with a closed-vent system capable of capturing and 

transporting leakage from the pressure relief device as described in 

§61.242-11 is exempt from the requirements of §61.242-4(a) and (b).

61.242-4(c)

Any pressure relief device that is equipped with a rupture disk 

upstream of the pressure relief device is exempt from the requirements 

of §61.242-4(a) and (b), provided the owner or operator complies with 

§61.242-4(d)(2).

61.242-4(d)(1)

After each pressure release, a new rupture disk shall be installed 

upstream of the pressure relief device as soon as practicable, but no 

later than 5 calendar days after each pressure release, except as 

provided in §61.242-10.

61.242-4(d)(2)
Page 18 of 77

G.5 Subpart V, Sampling connecting systems

Limitation/ 61.242-5(a) Each sampling connection system shall be equipped with a closed-purge system or

Standard closed vent system, except as provided in § 61.242–1(c). Gases displaced during filling 

of the sample container are not required to be collected or captured.

Monitoring Each closed-purge system or closed-vent system as required in 

paragraph (a) shall: (1) Return the purged process fluid directly to 

the process line (2) Collect and recycle the purged process fluid; or 

(3) Be designed and operated to capture and transport all the purged 

process fluid to a control device that complies with the requirements 

of §61.242-11; or (4) Collect, store and transport the purged process 

fluid to any of the systems or facilities listed in §61.242-5(b)(4)(iiii).

61.242-5(b)(1-4)

In-situ sampling systems and sampling systems without purges are 

exempt from the requirements of §61.242-5(a) and (b).

61.242-5(c)

G.6 40 CFR 61 Subpart V, Open-ended valves or lines

Limitation/ 61.242-6(a)(1) Each open-ended valve or line shall be equipped with a cap, blind flange, plug, or a

Standard second valve, except as provided in § 6 1.242–1(c).

Monitoring Open-ended valves or lines. The cap, blind flange, plug, or second valve 

shall seal the open end at all times except during operations requiring 

process fluid flow through the open-ended valve or line.

61.242-6(a)(2)

Open-ended valves or lines. Each open-ended valve or line equipped with a 

second valve shall be operated in a manner such that the valve on the 

process fluid end is closed before the second valve is closed.

61.242-6(b)

When a double block and bleed system is being used, the bleed valve or line 

may remain open during operations that require venting the line between the 

block valves but shall comply with paragraph (a) at all other times.

61.242-6(c)

Open-ended valves or lines in an emergency shutdown system which are 

designed to open automatically in the event of a process upset are exempt 

from the requirements of §61.242-6(a-c).

61.242-6(d)

Open-ended valves or lines containing materials which would 

autocatalytically polymerize or would present an explosion, serious 

overpressure, or other safety hazard if capped or equipped with a double 

block and bleed system as specified in §61.242-6(a-c) are exempt from the 

requirements of §61.242-6(a-c).

61.242-6(e)

G.7 40 CFR 61 Subpart V, Valves

Limitation/ 6 1.242-7(a) Each valve shall be monitored monthly to detect leaks by the method specified in 

Standard §61.245(b) and shall comply with paragraphs (b)–(e), except as provided in paragraphs (f), (g), and (h) of 

this section, § 61.243–1 or § 61.243–2, and § 61.242– 1(c).

Monitoring Test methods and procedures. Monitoring, as required in §§ 61.242, 61.243, 

61.244, and 61.135, shall comply with the following requirements: (1) 

Monitoring shall comply with Method 21 of appendix A of 40 CFR part 60.

61.245(b)(1)
Page 19 of 77

Test methods and procedures. Monitoring, as required in §§ 61.242, 61.243,

61.244, and 61.135, shall comply with the following requirements: (2) The 

detection instrument shall meet the performance criteria of Reference 

Method 21.

61.245(b)(2)

Monitoring, as required in §§ 61.242, 61.243, 61.244, and 61.135, shall 

comply with the following requirements: (3) The instrument shall be 

calibrated before use on each day of its use by the procedures specified in 

Reference Method 21.

61.245(b)(3)

Calibration gases shall be: (i) Zero air (less than 10 ppm of hydrocarbon in 

air); and (ii) A mixture of methane or n-hexane and air at a concentration of 

approximately, but less than, 10,000 ppm methane or n-hexane.

61.245(b)(4)

Monitoring shall comply with the following requirements: (5) The instrument

probe shall be traversed around all potential leak interfaces as close to the 

interface as possible as described in Reference Method 21.

61.245(b)(5)

Any valve for which a leak is not detected for 2 successive months may be 

monitored the first month of every quarter, beginning with the next quarter, 

until a leak is detected.

61.242-7(c)(1)

If a leak is detected, the valve shall be monitored monthly until a leak is not 

detected for 2 successive months. 61.242-7(c)(2)

Monitoring When a leak is detected, it shall be repaired as soon as practicable, but no 

later than 15 calendar days after the leak is detected, except a provided in 

§61.242–10.

61.242-7(d)(1)

A first attempt at repair shall be made no later than 5 calendar days after 

each leak is detected. 61.242-7(d)(2)

Any valve that is designated for no detectable emissions, as indicated by an 

instrument reading of less than 500 ppm above background as described in 

§61.246(e)(2), is exempt from the requirements of §61.242-7(a) if the valve 

meets the requirements in §61.242-7(f)(1-3).

61.242-7(f)

Unsafe to monitor valves are exempt is personnel would be in danger and 

there is a written plan to monitor during safe times. 61.242-7(g)

Difficult to monitor valves are exempt if monitoring personnel must be 

elevated 2 meters, in existing process unit, follows yearly written monitor 

plan.

61.242-7(h)

G.8 40 CFR 61 Subpart V, Pressure Relief Services in liquid service and connectors

Limitation/ 61.242-8(a) Pressure relief devices in liquid service and flanges and other connectors shall be

Standard monitored within 5 days by the method specified in § 61.245(b) if evidence of a potential leak is 

found by visual, audible, olfactory, or any other detection method.

Monitoring Test methods and procedures. Monitoring, as required in §§ 61.242, 

61.243, 61.244, and 61.135, shall comply with the following 

requirements: (1) Monitoring shall comply with Method 21 of appendix 

A of 40 CFR part 60.

61.245(b)(1)

Test methods and procedures. Monitoring, as required in §§ 61.242, 

61.243, 61.244, and 61.135, shall comply with the following 

requirements: (2) The detection instrument shall meet the performance 

criteria of Reference Method 21.

61.245(b)(2)

Monitoring, as required in §§ 61.242, 61.243, 61.244, and 61.135, shall 

comply with the following requirements: (3) The instrument shall be 

calibrated before use on each day of its use by the procedures specified in 

Reference Method 21.

61.245(b)(3)
Page 20 of 77

Calibration gases shall be: (i) Zero air (less than 10 ppm of hydrocarbon 

in air); and (ii) A mixture of methane or n-hexane and air at a 

concentration of approximately, but less than, 10,000 ppm methane or nhexane.

61.245(b)(4)

Monitoring shall comply with the following requirements: (5) The 

instrument probe shall be traversed around all potential leak interfaces as 

close to the interface as possible as described in Reference Method 21.

61.245(b)(5)

Pressure relief devices in liquid service and flanges and other connectors. 

When a leak is detected, it shall be repaired as soon as practicable, but 

not later than 15 calendar days after it is detected, except as provided in 

§61.242–10.

61.242-8(c)(1)

Pressure relief devices in liquid service and flanges and other connectors. 

The first attempt at repair shall be made no later than 5 calendar days 

after each leak is detected.

61.242-8(c)(2)

G.9 40 CFR 61 Subpart V, Surge Control Vessels and bottoms receivers

Limitation/ 6 1.242-9(a) ach surge control vessel or bottoms receiver that is not routed back to the process and

Standard: that meets the conditions specified in table 1 or table 2 of 40 CFR 61 Subpart V shall be equipped 

with a closed-vent system capable of capturing and transporting any leakage from the vessel 

back to the process or to a control device as described in §61.242-11, except as provided in 

§61.242-1(c).

G.10 40 CFR 61 Subpart V, Closed-vent systems and control devices

Limitation/ 61.242-11(a) Owners or operators of close-vent systems and control devices used to comply with

Standard provisions of this subpart shall comply with the provisions of this section, except as 

provided in §61.242-1(c).

Monitoring Vapor recovery systems shall be designed and operated to recover organic 

vapors vented to them with an efficiency of 95 percent or greater or to an exit 

concentration of 20 ppmv, whichever is less stringent.

61.242-11(b)

Enclosed combustion devices shall be designed and operated to reduce the 

VHAP emissions vented to them with an efficiency of 95 percent or greater, or 

to an exit concentration of 20 ppmvd, corrected to 3 percent oxygen, whichever 

is less stringent, or to provide a minimum residence time of 0.50 seconds at a 

minimum temperature of 760oC.

61.242-11(c)

Flares that are used for compliance with 40 CFR 61 Subpart V shall comply with 

the requirements of §60.18. 61.242-11(d)

Owners or operators of control devices that are used to comply with the 

provisions of 40 CFR 61 Subpart V shall monitor these control devices to ensure 

that they are operated and maintained in conformance with their design.

61.242-11(e)

Except as provided in §61.242-1 1(i-k), each closed vent system shall be 

inspected according to the procedures and schedule specified in §61.242-

11(f)(1) or (2).

61.242-1 1(f)

Leaks, as indicated by an instrument reading greater than 500 ppmv above 

background or by visual inspections, shall be repaired as soon as practicable 

except as provided in §61.242-11(h).

61.242-11(g)
Page 21 of 77

Delay of repair of a closed vent system for which leaks have been detected is 

allowed if the repair is technically infeasible without a process unit shutdown, or 

if the owner or operator determines that emissions resulting from immediate 

repair would be greater than the fugitive emissions likely to result from the delay 

of the repair. Repair of such equipment shall be complete by the end of the next 

process unit shutdown.

61.242-11(h)

If a vapor collection system or closed vent system is operated under a vacuum,

it is exempt from the inspection requirements of §61.242-1 1(f)(1)(i) and (2).

61.242-11(i)

Any parts of the closed vent system that are designated, as described in 

paragraph as described in §61.242-1 1(l)(1) as unsafe-to-inspect are exempt from 

the inspection requirements of §61.242-1 1(f)(1)(i) and (2) if they comply with 

the requirements listed in §61.242-1 1(j)(1-2).

61.242-11(j)

Any parts of the closed vent system that are designated, as described in §61.242-

1 1(l)(2) as difficult-to-inspect are exempt from the inspection requirements of 

§61.242-1 1(f)(1)(i) and (2) if they comply with the requirements listed in 

§61.242-11(k)(1-2).

61.242-11(k)

Closed vent systems and control devices used to comply with provisions of 40 

CFR 61 Subpart V shall be operated at all times when emissions may be vented 

to them.

61.242-11(m)

Recordkeeping The owner or operator shall record the information listed in §61.242-1 1(l)(1-5) 61.242-11(l)

H. 40 CFR 61 Subpart FF National Emission Standard for Benzene Waste Operations

Equipment subject to 40 CFR 61 Subpart FF must comply with the requirements of 40 CFR 61 Subpart A - General

Provisions except where Subpart FF provides for explicit exemptions to Subpart A. The 40 CFR 61 Subpart A -

General Provisions are found in Attachment F of this permit.

The provisions of this subpart apply to owners and operators of hazardous waste treatment, storage, 

and disposal facilities that treat, store, or dispose of hazardous waste generated by any facility 

listed in §61.340(a). The waste streams at hazardous waste treatment, storage, and disposal 

facilities subject to the provisions of this subpart are the benzene-containing hazardous waste from 

any facility listed in §61.340(a).

61.340

An owner or operator of a facility at which the total annual benzene quantity from facility waste is

less than 10 megagrams per year (Mg/yr) shall be exempt from the requirements of §61.342(b) and 

(c). The total annual benzene quantity from facility waste is the sum of the annual benzene quantity 

for each waste stream at the facility that has a flow-weighted annual average water

content greater than 10 percent or that is mixed with water, or other wastes, at any time and the

mixture has an annual average water content greater than 10 percent.

61.342(a)

Each owner or operator of a facility at which the total annual benzene quantity from facility waste

is =10 Mg/yr as determined in §61.342 (a) shall manage and treat the facility waste as follows:

(1) For each waste stream that contains benzene, including (but not limited to) organic waste 

streams that contain < 10 % water and aqueous waste streams, even if the wastes are not discharged 

to an individual drain system, the owner or operator shall be subject to the provisions of 

§61.342(c)(1)(i – iii).

61.342(c)(1)

A waste stream is exempt from §61.342 (c)(1) provided that the owner or operator demonstrates

initially and, thereafter, at least once per year that the flow-weighted annual average benzene

concentration for the waste stream is less than 10 ppmw as determined by the procedures specified 

in §61.355(c)(2) or §61.355(c)(3).

61.342(c)(2)
Page 22 of 77

Rather than treating the waste onsite, an owner or operator may elect to comply with 

§61.342(c)(1)(i) by transferring the waste offsite to another facility where the waste is treated in 

accordance with the requirements of §61.342(c)(1)(i). The owner or operator transferring the waste 

shall abide by the listed provisions.

61.342(f)

Compliance with this subpart will be determined by review of facility records and results from tests 

and inspections using methods and procedures per §61.355.

61.342(g)

The owner or operator shall meet the standards for each container in which waste is placed in

accordance with §61.342(c)(1)(ii).

61.345(a)

Each cover and all openings shall be visually inspected initially and quarterly thereafter to ensure

that they are closed and gasketed properly.

61.345(b)

Except as provided in §61.350, when a broken seal or gasket or other problem is identified, first

efforts at repair shall be made as soon as practicable, but not later than 15 calendar days after

identification.

61.345(c)

Except as provided in§61.348(a)(5), the owner or operator shall treat the waste stream in

accordance with 61.348(a)(1-5).

61.348(a)

The owner and operator shall demonstrate that each treatment process or wastewater treatment

system unit, except per §61.348(d), achieves the appropriate conditions specified in §61.348(a) or

(b) in accordance with 61.348(c)(1-2).

61.348(c)

A treatment process or waste stream is in compliance with the requirements of this subpart and

exempt from the requirements of §61.348(c) provided that the owner or operator documents that

the treatment process or waste stream is in compliance with other regulatory requirements per

61.348(d)(1-5)

61.348(d)

Except as specified in §61.348(e)(3), if the treatment process or wastewater treatment system unit 

has any openings (e.g., access doors, hatches, etc.), all such openings shall be sealed (e.g., gasketed, 

latched, etc.) and kept closed at all times when waste is being treated, except during inspection and 

maintenance as listed in this section.

61.348(e)

Except for treatment processes complying with §61.348(d), the Administrator may request at any 

time an owner or operator demonstrate that a treatment process or wastewater treatment system unit 

meets the applicable requirements specified in §61.348(a) or (b) by conducting a performance test 

using the test methods and procedures as required in §61.355.

61.348(f)

The owner or operator of a treatment process or wastewater treatment system unit that is used to

comply with the provisions of this section shall monitor the unit in accordance with the applicable

requirements in §61.354.

61.348(g)

Except as provided in §61.350, if visible defects are observed during an inspection, or if other

problems are identified, or if detectable emissions are measured, a first effort to repair the closedvent system and control device shall be made as soon as practicable but no later than 5 calendar days 

after detection. Repair shall be completed no later than 15 calendar days after the emissions are 

detected or the visible defect is observed.

61.349(g)

Specifications for monitoring non-regenerative carbon adsorption systems. 61.354(d)

An owner or operator shall determine the total annual benzene quantity from facility waste by the

procedures in accordance with 61.355(a)(1-6). 61.355(a)

For purposes of the calculation required by §61.355(a), an owner or operator shall determine the

annual waste quantity at the point of waste generation, unless otherwise provided in §61.355(b) (1),

(2), (3), and (4), by one of the methods given in §61.355 (b) (5) through (7).

61.355(b)

For the purposes of the calculation required by §61.355(a), an owner or operator shall determine the 

flow-weighted annual average benzene concentration in a manner that meets the requirements given 

in §61.355 (c)(1) using either of the methods given in §61.355 (c)(2) and (c)(3).

61.355(c)

Each owner or operator shall maintain records that identify each waste stream at the facility subject

to this subpart, and indicate whether or not the waste stream is controlled for benzene emissions in

accordance with this subpart. In addition the owner or operator shall maintain the records as 

required under sections 1-6 of 61.356(b)(1-6).

61.356(b)
Page 23 of 77

An owner or operator transferring waste off-site to another facility for treatment in accordance with

§61.342(f) shall maintain documentation for each offsite waste shipment that includes the listed

information.

61.356(c)

An owner or operator using a treatment process or wastewater treatment system unit in

accordance with §61.348 shall maintain the records in accordance with §61.356(e)(1-4). The

documentation shall be retained for the life of the unit.

61.356(e)

For each treatment process and wastewater treatment system unit operated to comply with

§61.348, the owner or operator shall maintain documentation that includes the listed information. 61.356(i)

H.1 40 CFR 61 Subpart FF, Control device, thermal oxidizer

a. Limitation/ 61.349(a)(2)(i) Enclosed combustion device shall be designed and operated with a minimum

Standard residence time of 0.5 seconds and a minimum temperature of 760 C

Monitoring Quarterly visual inspections for each closed-vent system and control

device including ductwork, piping, connections to cover and control

devices.

61.349(f)(ii)

The owner or operator of a control device that is used to comply 

with the provisions of this section shall monitor the control device 

in accordance with §61.354(c).

61.349(h)

Except for a treatment process or waste stream complying with

§61.348(d), the owner or operator shall monitor each treatment 

process or wastewater treatment system unit to ensure the unit is 

properly operated and maintained by the monitoring procedures in 

accordance with sections 1-2 of 61.354(a)

61.354(a)

Inspect control device monitoring equipment daily. 61.354(c)

Install a temperature sensor with a continuous recorder in thermal 

vapor incinerator 61.354(c)(1)

Owners or operators using a closed-vent system that contains any 

bypass line that could divert a vent stream from a control device 

used to comply with the provisions of this subpart shall do the listed 

items.

61.354(f)

Reporting Submit quarterly certifications that all of the required inspections 

have

been carried out

61.357(d)(6)

Submit quarterly reports recording each three hour period when 

average temperature of gas stream in combustion zone of thermal 

vapor incinerator is greater than 28 deg Celsius below the design 

combustion zone temperature.

61.357(d)(7)(iv)(A)

Submit annual report that summarizes all inspections required by

61.342 - 61.345 during which detectable emissions are measured or 

a problem that could result in benzene emissions is identified, 

including repair or corrective taken.

61.357(d)(8)

Recordkeeping Maintain records onsite for at least two years. 61.356(a)

Maintain engineering design documentation for all control 

equipment installed on the waste management unit for the life of the 

equipment. Also maintain control device records require by 

paragraph (f)

61.356(d)
Page 24 of 77

Retain a signed statement certifying design of the closed-vent 

system and control device for the life of the device

61.356(f)(1)

Maintain visual inspection records required by 61.343 through 

61.347 that identify a problem which could result in benzene 

emissions

61.356(g)

For each control device, the owner or operator shall maintain

documentation that includes the following information regarding the

control device operation: (1) Dates of startup and shutdown of the

closed-vent system and control device.

61.356(j)(1)

Recordkeeping Record description and explanation of parameters to be monitored 

to ensure compliance, keep for life of source. 61.356(j)(2)

Record periods when the closed vent system and control device are

not operated as designed, including any valve car-seal or closure

mechanism that is broken or when vapors are not routed to control

device.

61.356(j)(3)

If a thermal vapor incinerator is used, then the owner or operator 

shall maintain continuous records of the temperature of the gas 

stream in the combustion zone of the incinerator

61.356(j)(4)

An owner or operator shall demonstrate compliance of each flare in

accordance with (a)(2)(iii) of this section. 61.349(d)

Testing Demonstrate control device achieves required control efficiency by

using engineering calculations as specified in 61.356(f) or 

performance test as specified in 61.355.

61.349(c)

Initial visual inspections for each closed-vent system and control

device including ductwork, piping, connections to cover and 

control devices.

61.349(f)(i)

b. Limitation/ 61.349(b) Must operate all closed-vent systems and control devices when waste is in the system.

 Standard

Monitoring None required. N/A

Reporting None required. N/A

Recordkeeping For each control device, the owner or operator shall maintain 

documentation that includes the following information regarding the 

control device operation: (1) Dates of startup and shutdown of the 

closed-vent system and control device.

61.356(j)(1)

c. Limitation/ 6 1.350(a) Delay of repair will be allowed if the repair is technically impossible without a 

 Standard complete or partial facility or unit shutdown.

Monitoring Must make delayed repairs before end of the next facility or unit 

shutdown. 61.350(b)

H.2 40 CFR 61 Subpart FF, Closed-vent system

a. Limitation/ 61.349(a)(1)(i) Must have closed-vent system and control device with no detectable emissions 

Standard (No readings >500 ppmv above background). (Per 61.349(a)(1)(iii) gauging and sampling devices 

must be gas-tight)
Page 25 of 77

Monitoring One or more devices which vent directly to the atmosphere may be

used on the closed-vent system provided each device remains in a

closed, sealed position during normal operations

61.349(a)(1)(iv)

Quarterly visual inspections for each closed-vent system and

control device including ductwork, piping, connections to cover 

and control devices.

61.349(f)(ii)

Reporting None required. N/A

Recordkeeping Maintain records onsite for at least two years. 61.356(a)

Maintain visual inspection records required by 61.343 through

61.347 that identify a problem which could result in benzene

emissions 

61.356(g)

Testing Initial visual inspections for each closed-vent system and control

device including ductwork, piping, connections to cover and 

control devices.

61.349(f)(i)

Monitor emissions for compliance with no detectable emissions.

Use Method 21 from Appendix A of 40 CFR 60.

61.355(h)

b. Limitation/ 61.349(a)(1)(i) Must have closed-vent system and control device with no detectable emissions 

Standard (No readings >500 ppmv above background). (Per 61.349(a)(1)(iii) gauging and sampling 

devices must be gas-tight)

Reporting Submit quarterly certifications that all of the required inspections

have been carried out.

61.357(d)(6)

Submit annual report that summarizes all inspections required by

61.342 - 61.345 during which detectable emissions are measured 

or a problem that could result in benzene emissions is identified,

including repair or corrective taken.

61.357(d)(8)

Recordkeeping Maintain records for each test of no detectable emissions 61.356(h)

c. Limitation/ 61.349(b) Must operate all closed-vent systems and control devices when waste is in the 

Standard: system. 

Recordkeeping For each control device, the owner or operator shall maintain

documentation that includes the following information regarding 

the control device operation: (1) Dates of startup and shutdown 

of the closed-vent system and control device.

61.356(j)(1)

H.3 40 CFR 61 Subpart FF, Tank

a. Limitation/ 61.342(b) Must be in compliance with requirements of paragraphs c through h of this section 

Standard within 90 days of effective date.
Page 26 of 77

Reporting Submit a report to the Administrator summarizing regulatory status 

of each waste stream. This report must be submitted within 90 days 

after January 7, 1993 or by initial startup for a new source that starts 

after January 7,1993

61.357(a)

If the total annual benzene quantity from facility waste is less than 1 

Mg/yr, then the owner or operator shall submit to the Administrator a 

report that updates the information listed in paragraphs (a)(1)-(a)(3) 

of this section whenever there is a change in the process generating 

the waste stream that could cause the total annual benzene quantity 

from facility waste to increase to 1 Mg/yr or more.

61.357(b)

If the total annual benzene quantity from facility waste < 10 Mg/yr 

but is equal to or greater than 1 Mg/yr, then the owner or operator 

shall submit to the Administrator a report that updates the 

information listed in (a)(1)-(a)(3) of this section. The report shall be 

submitted annually and whenever there is a change in the process 

generating the waste stream that could cause the total annual benzene 

quantity from facility waste to increase to 10 Mg/yr or more.

61.357(c)

Unless a waiver of compliance is granted, submit a cert that the equip

necessary to comply with these stds has been installed and that the 

required initial inspections or tests have been carried out. Submit by 

date of initial startup for new source.

61.357(d)(1)

Submit annual report updating information in paragraphs (a)(1) 

through (a)(3). 61.357(d)(2)

b. Limitation/ 61.343(a)(1)(i)(A) No detectable emissions (>500 ppm above background) from tank cover or

 Standard openings. (Per 61.349(a)(1)(iii) gauging and sampling devices must be gas tight except when 

gauging or sampling is taking place.)

Monitoring No detectable emissions (>500 ppm above background) from tank

cover or openings. (Per 61.349(a)(1)(iii) gauging and sampling

devices must be gas-tight)

61.343(a)(1)(i)(A)

Monitor once per year in accordance with Method 21 61.343(a)(1)(i)(A)

Reporting Submit quarterly certifications that all of the required inspections

have been carried out

61.357(d)(6)

Submit annual report that summarizes all inspections required by

61.342 - 61.345 during which detectable emissions are measured 

or a problem that could result in benzene emissions is identified, 

including repair or corrective taken.

61.357(d)(8)

Recordkeeping Maintain records onsite for at least two years. 61.356(a)

Maintain records for each test of no detectable emissions 61.356(h)

Testing Monitor emissions for compliance with no detectable emissions.

Use Method 21 from Appendix A of 40 CFR 60.

61.355(h)

c. Limitation/ 61.343(a)(1)(i)(B) Close and seal tank openings. (Per 61.349(a)(1)(iv), pressure relief valves can 

Standard be used when necessary to prevent physical damage or permanent deformation of tank)

Testing Complete quarterly visual inspections of openings for closure and

tightness 61.343(c)(ii)

One or more devices which vent directly to the atmosphere may be

used on the closed-vent system provided each device remains in a

closed, sealed position during normal operations

61.349(a)(1)(iv)
Page 27 of 77

d. Limitation/ 61.343(a)(1)(i)(B) Close and seal tank openings. (Per 61.349(a)(1)(iv), pressure relief valves can 

Standard be used when necessary to prevent physical damage or permanent deformation of tank)

Monitoring Complete initial visual inspections of openings for closure and 

tightness. 61.343(c)(i)

Repair broken seals or gaskets and fix emission leaks on tanks within 

45 calendar days of problem identification. 61.343(d)

Reporting Submit quarterly certifications that all of the required inspections have

been carried out 61.357(d)(6)

Submit annual report that summarizes all inspections required by 

61.342 -61.345 during which detectable emissions are measured or a 

problem that could result in benzene emissions is identified, including 

repair or corrective taken.

61.357(d)(8)

Recordkeeping Maintain records onsite for at least two years. 61.356(a)

Maintain visual inspection records required by 61.343 through 61.347

that identify a problem which could result in benzene emissions.

61.356(g)

e. Limitation/ 6 1.350(a) Delay of repair will be allowed if the repair is technically impossible without a 

Standard complete or partial facility or unit shutdown.

Monitoring Must make delayed repairs before end of the next facility or unit 

shutdown.

61.350(b)

H.4 40 CFR 61 Subpart FF, Control device, carbon absorption system that does not

regenerate the carbon bed directly

a. Limitation/ 61.349(a)(2)(ii) The vapor recovery system must have > or = 95 weight % control of organics or > 

Standard or = 98 weight % control of benzene.

Monitoring Quarterly visual inspections for each closed-vent system and control 

device.

including ductwork, piping, connections to cover and control devices.

61.349(f)(ii)

Inspect control device monitoring equipment daily. 61.354(c)

Monitor control device daily and replace carbon when breakthrough is

indicated, or replace the carbon at a regular predetermined time interval.

61.354(d)

Recordkeeping Maintain records onsite for at least two years. 61.356(a)

Maintain engineering design documentation for all control equipment 

installed on the waste management unit for the life of the equipment. Also 

maintain control device records require by paragraph (f)

61.356(d)

Retain a signed statement certifying design of the closed-vent system and

control device for the life of the device.

61.356(f)(1)
Page 28 of 77

Retain documentation of engineering calculations used to determine 

control device (carbon absorption system that does not regenerate the 

carbon bed directly) perf for the life of the control device. Maintain a 

design analysis for the control device.

61.356(f)(2)(

i)(G)

Maintain visual inspection records required by 61.343 through 61.347 that

identify a problem which could result in benzene emissions.

61.356(g)

For each control device, the owner or operator shall maintain 

documentation that includes the following information regarding the 

control device operation: (1) Dates of startup and shutdown of the closedvent system and control device.

61.356(j)(1)

Record description and explanation of parameters to be monitored to 

ensure compliance, keep for life of source. 61.356(j)(2)

Testing Demonstrate control device achieves required control efficiency by using

engineering calculations as specified in 61.356(f) or performance test as

specified in 61.355.

61.349(c)

Initial visual inspections for each closed-vent system and control device

including ductwork, piping, connections to cover and control devices. 61.349(f)(i)

b. Limitation/ 61.349(a)(2)(ii) The vapor recovery system must have 95 weight % control of organics or 98 

Standard weight % control of benzene.

Reporting Submit quarterly certifications that all of the required inspections 

have been carried out.

61.357(d)(6)

Submit annual report that summarizes all inspections required by 

61.342 - 61.345 during which detectable emissions are measured 

or a problem that could result in benzene emissions is identified, 

including repair or corrective taken.

61.357(d)(8)

Recordkeeping Record periods when the closed vent system and control device

are not operated as designed, including any valve car-seal or

closure mechanism that is broken or when vapors are not routed

to control device.

61.356(j)(3)

If a carbon adsorber is not regenerated directly on site, owner

shall record times of monitoring, breakthrough, and replacement.

61.356(j)(10)

c. Limitation/ 61.349(b) Must operate all closed-vent systems and control devices when waste is in the 

Standard: system.

Recordkeeping For each control device, the owner or operator shall maintain 

documentation that includes the following information regarding 

the control device operation: (1) Dates of startup and shutdown of

the closed-vent system and control device.

61.356(j)(1)

d. Limitation/ 61.350(a) Delay of repair will be allowed if the repair is technically impossible without a 

Standard: complete or partial facility or unit shutdown.

Monitoring Must make delayed repairs before end of the next facility 

or unit shutdown. 61.350(b)

H.5 40 CFR 61 Subpart FF, Treatment process

a. Limitation/ 61.348(a)(1)(iii) Must have waste treatment process (combustion unit) that destroys 99% of 
Page 29 of 77

Standard: benzene. 

Monitoring Install, calibrate, operate, maintain, and inspect the data each day 

from a CEM for a process parameter that indicates proper system 

operation.

61.354(a)

Recordkeeping Maintain records onsite for at least two years. 61.356(a)

Retain a signed statement certifying design of the waste treatment

process unit for the life of the unit.

61.356(e)(1)

Maintain documentation of the dates of start up and shut down of the

treatment process.

61.356(i)(1)

The owner or operator shall maintain documentation that includes the

following information regarding the unit operation: (5) Periods when

the unit is not operated as designed.

61.356(i)(5)

Testing The treatment process is exempt from performance testing since Ash

Grove has been issued a final permit under 40 CFR 266 subpart D.

61.348(d)(2)

b. Limitation/ 61.348(e) Openings shall be sealed and kept closed at all times except during inspection and

 Standard: maintenance

Monitoring Complete initial and quarterly visual inspections of openings for

closure and tightness.

61.348(e)(1)

Install, calibrate, maintain, and operate continuous pressure monitor. 61.354(g)

Recordkeeping Maintain records onsite for at least two years. 61.356(a)

Maintain records of monitoring device and records of all periods 

when pressure is greater than atmospheric.

61.356(m)

c. Limitation/ 6 1.350(a) Delay of repair will be allowed if the repair is technically impossible without a 

Standard: complete or partial facility or unit shutdown.

Monitoring Must make delayed repairs before end of the next facility or unit.

shutdown.

61.350(b)

Recordkeeping Maintain documentation of the dates of start up and shut down of the

treatment process.

61.356(i)(1)

The owner or operator shall maintain documentation that includes the

following information regarding the unit operation: (5) Periods when the

unit is not operated as designed.

61.356(i)(5)

I. 40 CFR Part 63 Subpart A General Provisions

Applicable citations for 40 CFR 63 Subpart A are provided in Attachment G.

J. 40 CFR 63 Subpart DD

General Requirements

Applicable Requirement (Summary)

Equipment subject to 40 CFR 63 Subpart DD must comply with the requirements of 40 CFR 63 Subpart A –

General Provisions except where Subpart DD provides for explicit exemptions to Subpart A. The 40 CFR 63 

Subpart A - General Provisions are found in Attachment G of this permit.
Page 30 of 77

The provisions of this subpart apply to the owner and operator of a plant site for which both of 

the conditions specified in §63.680(a)(1) and (a)(2) are applicable according to the definitions 

and exemptions presented in §63.680(b)-(d), (f), and §63.681 and the dates in §63.680(e).

63.680

Definitions 63.681

This section applies to owners and operators of affected sources as defined in §63.680(c) of this 

subpart. 63.683(a)

Air emissions from each affected source must be controlled per one of the requirements in

§63.683(b)(1) (i)-(iii). 63.683(b)(1)

Exempted off-site material management units. An off-site material management unit is exempted 

from the requirements specified in §63.683(b) when the unit meets any one of the exemptions 

provided in §63.683(c)(1-5).

63.683(b)(2)

The provisions of this section apply to the control of air emissions from tanks for which 

§63.683(b)(1)(i) references the use of this section for such air emission control.

63.685(a)

The owner or operator shall control air emissions from each tank subject to this section in 

accordance with the applicable requirements listed in §63.685(1)-(4). 63.685(b)

Owners and operators controlling air emissions from a tank using Tank Level 2 controls shall use 

one of the requirements listed as §63.685(1)-(5). 63.685(d)

The owner or operator who controls tank air emissions by venting to a control device shall meet 

the requirements in §63.685(g)(1-3). 63.685(g)

The provisions of this section apply to the control of air emissions from containers for which 

§63.683 (b)(1)(i) references the use of this section for such air emission control.

63.688(a)

The owner or operator shall control air emissions from each container subject to this section in 

accordance with the requirements, as applicable to the container, of §63.688(1)-(3). 63.688(b)

The provisions of this section apply to the control of air emissions from transfer systems for 

which §63.683 (b)(1)(i) references the use of this section for such air emission control.

63.689(a)

For each transfer system that is subject to this section, but is not an individual drain system, the 

owner or operator shall control air emissions by using one of the listed systems in §63.689(c)(1)

through (c)(3).

63.689(c)

The provisions of this section apply to the control of air emissions from equipment leaks for 

which §63.683 (b) references the use of this section for such air emission control.

63.691

The provisions of this section apply to closed-vent systems and control devices used to control air 

emissions for which another standard references its use.

63.693(a)

For each closed-vent system and control device used to comply with this section, the owner or 

operator shall meet the requirements of §63.693 (1)-(8).

63.693(b)

Closed-vent system requirements. The vent stream required to be controlled shall be conveyed to 

the control device by either of the closed-vent systems detailed in § 63.693 (1) and (2).

63.693(c)

Carbon adsorption control device requirements 63.693(d)

The carbon adsorption system shall be designed and operated to achieve one of the performance

specifications detailed in §63.693(d)(1) (i) or (ii).

63.693(d)(1)

Applicable Requirement (Summary)

The owner or operator shall demonstrate that the carbon adsorption system achieves the

performance requirements of §63.693(d)(1) by one of the methods detailed in §63.693 (d)(2)(i) or 

(ii).

63.693(d)(2)

The owner or operator must monitor the operation of the carbon adsorption system in accordance

with the requirements of § 63.695(e) using one of the continuous monitoring systems specified in

§63.693(d)(3) (i)-(iii). Monitoring of non-regenerative carbon adsorption systems using 

continuous monitoring systems is not required when the carbon is replaced on a regular basis per

§63.693(d)(4)(iii).

63.693(d)(3)
Page 31 of 77

The owner or operator shall manage the carbon used for the carbon adsorption system, as 

described in §63.693(i) - (iii). 63.693(d)(4)

Flare control device requirements. 63.693(h)

The flare must be designed and operated in accordance with 40 CFR 63.11(b) 63.693(h)(1)

The owner or operator must demonstrate that the flare achieves the requirements in §63.693 (h)(1) 

by the procedures in §63.693 (h)(2)(i) or (ii). 63.693(h)(2)

The owner or operator must monitor the operation of the flare using a heat sensing monitoring 

device that continuously detects the presence of a pilot flame in accordance with the listed 

parameters.

63.693(h)(3)

This section specifies the testing methods and procedures required for this subpart to determine

HAP and VOHAP concentrations, rates, and limits for the items listed in §63.694(1)-(12).

63.694

This section specifies the inspection and monitoring procedures required to perform the items 

listed in §63.695 (1)-(4).

63.695(a)

Tank Level 2 fixed roof and floating roof inspection requirements. 63.695(b)

Fixed roof provisions 63.695(b)(3)

The owner or operator will repair each defect detected during an inspection in the listed manner. 63.695(b)(4)

Owners and operators that use a closed vent system in accordance with the provisions of §63.693

shall meet the inspection and monitoring requirements of this section.

63.695(c)

The owner or operator subject to this subpart shall comply with the record keeping requirements 

in §63.10 under 40 CFR 63 subpart A-General Provisions that are applicable to this subpart as 

specified in Table 2.

63.696(a)

The owner or operator of a control device subject to this subpart shall maintain the records in

accordance with 40 CFR 63.10.

63.696(b)

Each owner or operator using a fixed roof to comply with the tank control requirements specified 

in §63.685(g) shall prepare and maintain the records specified in this section. 63.696(e)

An owner or operator shall record, on a semiannual basis, the information specified in 

§63.696(g)(1-2) for those planned routine maintenance operations that would require the control 

device not to meet the requirements of §63.693 (d-h), as applicable.

63.696(g)

An owner or operator shall record the information specified in §63.696(h)(1-3) for those 

unexpected control device system malfunctions that would require the control device not to meet 

the requirements of §63.693 (d-h), as applicable.

63.696(h)

The owner or operator of a control device used to meet the requirements of §63.693 shall submit 

the reports specified in this section to the Administrator.

63.697(b)

Delegation of authority 63.698

J.1 40 CFR 63 NESHAP - DD, Equipment leak

a. Limitation/ Standard 63.683(d) Must control equipment leaks from each equipment component of a transfer 

system by implementing leak detection and control measures per 63.69 1 (40 CFR 61 

Subpart V)

b. Limitation/ 63.691(b)(1) Must control equipment leaks from each equipment component of a transfer system

 Standard: by implementing leak detection and control measures per 63.69 1 (40 CFR 61 Subpart V)

Monitoring Monitoring and Recordkeeping in accordance with 40 CFR 61 Subpart 

V

40 CFR 61

Sections 61.242 - 61.247 Subpart V
Page 32 of 77

Monitoring Monitoring and Recordkeeping in accordance with 40 CFR 61 

Subpart V Sections 61.242 - 61.247

40 CFR 61

Subpart V

J.2 40 CFR 63 NESHAP - DD, Transfer system

a. Limitation/ 63.689(c)(2) Transfer system must consist of continuous hard piping, joints to be welded or

 Standard: flanged with gasket and bolts.

Monitoring an annual walkthrough

b. Limitation/ 63.697(a)(1) Must submit notifications in 63.9(b)(2) before October 9, 1999

 Standard:

Monitoring Compliance with other sections of this rule demonstrates 

compliance with this rule.

No Regulatory

Requirements

c. Limitation/ 63.697(a)(2) Must submit notifications in 63.10

 Standard:

Monitoring Compliance with other sections of this rule demonstrates 

compliance with this rule.

No Regulatory

Requirements

K. 40 CFR Part 63 Subpart PP

General Requirements

Applicable Requirement (Summary)

Equipment subject to 40 CFR 63 Subpart PP must comply with the requirements of 40 CFR 63 Subpart A –

General Provisions except where Subpart PP provides for explicit exemptions to Subpart A. The 40 CFR 63 

Subpart A - General Provisions are found in Attachment G of this permit.

The provisions of this subpart apply to the control of air emissions from containers for which

another subpart of 40 CFR parts 60, 61, or 63 references its use in accordance with the 

definitions in §63.921.

63.920

The owner or operator shall inspect containers using Container Level 1 controls in accordance 

with the procedures specified in §63.926 (a) of this subpart.

63.922(e)

For the purpose of compliance with §63.922(b)(1), containers shall be used that meet the 

applicable U.S. DOT regulations on packaging hazardous materials for transportation as 

detailed in §63.922(f)(1)-(3).

63.922(f)

Applicable Requirement (Summary)

This section applies to owners and operators subject to this subpart and required to control air 

emissions from containers using Container Level 2 controls.

63.923(a)

The owner or operator shall inspect containers using Container Level 2 controls in accordance 

with the procedures specified in §63.926(a).

63.923(e)

For the purpose of compliance with §63.923(b)(1), containers shall be used that meet the 

applicable U.S. DOT regulations on packaging hazardous materials for transportation as 

detailed in §63.923(f)(1)-(3).

63.923(f)
Page 33 of 77

40 CFR 63 MACT – PP, Containers – Level 1 Controls (Emissions from containers for which 

another subpart of 40 CFR 60, 61 or 63 references this subpart)

a. Limitation/ Standard: 63.922(b) Containers required to use Level 1 controls shall meet the U.S. Department of 

Transportation regulations, be equipped with a cover and closure device that form a 

continuous barrier over the container, or be equipped with an open-top container in which an 

organic vapor-suppressing barrier is placed on or over the regulated-material in the container 

such that no regulated-material is exposed to the atmosphere.

Monitoring None required at this time

Reporting None required at this time

Recordkeeping None required at this time

Testing None required at this time

b. Limitation/ 63 .922(d) All covers and closure devices shall be maintained in the closed position except as

 Standard: provided in 63.922(d)(1)-(5).

Monitoring If regulated material is in the container at the time the owner/operator

first accepts possession and not emptied within 24 hours, the

owner/operator shall visually inspect the container and its cover and

closure device. This inspection shall occur on or before the container is

accepted at the facility. If a defect is detected the repair shall be

conducted as specified in 63.926(a)(3);

63.926(a)(1)

If a container containing regulated material remains unopened at the

facility site for one year or more, the container shall be inspected 

initially and at least once every calendar year. If a defect is detected the 

repair shall be conducted as specified in 63.926(a)(3).

63.922(a)(2)

K.2 40 CFR 63 MACT – PP, Containers – Level 2 Controls (Emissions from containers 

for which another subpart of 40 CFR 60, 61 or 63 references this subpart)

a. Limitation/ 63.923(b)(1) & (2) Containers required to use Level 2 controls shall meet the U.S. Department of

 Standard: Transportation (DOT) regulations, operate with no detectable emissions as defined in 40 

CFR 63.921, or have demonstrated within the previous twelve months that the container 

is vapor-tight

Monitoring None required at this time

Reporting None required at this time

Recordkeeping None required at this time

Testing Demonstrate no detectable organic emissions at each potential leak 

interface on the cover and associated closure device using the procedures 

specified in Method 21 of 40 CFR part 60, appendix A.

63.925(a)

Demonstrate vapor-tightness in accordance with Method 27 of 40 CFR part 

60, Appendix A. 63.925(b)

b. Limitation/ 63.923(c) Transfer of regulated-material into or out of Level 2 Container shall be conducted so as

 Standard: to minimize exposure of the regulated material to the atmosphere.
Page 34 of 77

Monitoring None required at this time

Reporting None required at this time

Recordkeeping None required at this time

Testing None required at this time

c. Limitation/ 63.923(d) All covers and closure devices shall be maintained in the closed position except as

 Standard: provided in 63.923(d)(1)-(5).

Monitoring If regulated material is in the container at the time the owner/operator first 

accepts possession and not emptied within 24 hours, the owner/operator 

shall visually inspect the container and its cover and closure device. This 

inspection shall occur on or before the container is accepted at the facility. 

If a defect is detected the repair shall be conducted as specified in 

63.926(a)(3);

63.926(a)(1)

If a container containing regulated material remains unopened at the 

facility site for one year or more, the container shall be inspected initially 

and at least once every calendar year. If a defect is detected the repair shall 

be conducted as specified in 63.926(a)(3).

63.922(a)(2)

K.3 40 CFR 63 MACT – PP, Containers – Level 3 Controls (Emissions from 

containers for which another subpart of 40 CFR 60, 61 or 63 references this 

subpart)

Limitation/ 63.924(b) Containers required to use Level 3 controls shall be vented directly through a

Standard: closed-vent system to a control device or vented inside an enclosure which is exhausted through a 

closed-vent system to a control device.

Monitoring The closed-vent system shall be inspected and monitored in accordance 

with § 63.693 in 40 CFR part 63, subpart DD – National Emission 

Standards for Hazardous Air Pollutants from Off-Site Waste and 

Recovery Operations.

63.926(b)

Reporting Prepare and submit reports required for closed-vent systems and control

devices in accordance with § 63.693 in 40 CFR part 63, subpart DD –

National Emission Standards for Hazardous Air Pollutants form Off-Site

Waste and Recovery Operations.

63.928(a)

Recordkeeping Maintain records of the most recent set of calculations performed to 

verify that the enclosure meets the criteria of a permanent total enclosure 

as specified in “Procedure T – Criteria for and Verification of a 

Permanent or Temporary Total Enclosure” under 40 CFR 52.741, 

Appendix B.

63.927(a)(1)

Recordkeeping Maintain records required for the closed-vent system and control device 

in accordance with the requirements of § 63.693 in 40 CFR part 63, 

subpart DD – National Emission Standards for Hazardous Air Pollutants 

form Off-Site Waste and Recovery Operations.

63.927(a)(2)
Page 35 of 77

Section L

Subpart EEE - National Emission Standards for Hazardous Air Pollutants

from Hazardous Waste Combustors

Note: All regulatory references pertain to 40 CFR Part 63, unless otherwise noted.

1.0 Modes of Operation

The hazardous waste combustion system has four Subpart EEE compliance modes of operation:

Mode 1: raw mill on with no hazardous waste in the chamber; 

Mode 2: raw mill off with no hazardous waste in the chamber; 

Mode 3: raw mill on with hazardous waste in the chamber; and

Mode 4: raw mill off with hazardous waste in the chamber.

In accordance with 40 CFR 63.1 209(q)( 1), Ash Grove may elect to operate in modes 1 and 2 when 

not burning hazardous waste and the hazardous waste residence time has expired. Both modes 

contain the otherwise applicable requirements of 40 CFR Part 63, Subpart LLL. These 

requirements become applicable requirements under Subpart EEE and are presented in this 

section.

While operating under different modes of operation:

1. The facility must document in the operating record a change in a mode of operation and compliance

with the operating limits for an alternative mode of operation (63.1204(d)(1 )(ii)).

2. The facility shall calculate averages under the different modes of operation per alternate 

monitoring approved by the EPA on July 9, 2001 (63.1209(g) and 63.8(f)).

Comparable fuels, used oils and other non-hazardous wastes that are blended with hazardous are 

considered hazardous wastes and shall be burned under the definition and requirements of hazardous 

wastes.

2.0 Emission Standards and Operating Limits

The owner or operator shall comply with the applicable section of 40 CFR Part 63, Subpart A

(Attachment G) as identified in Table 1 to 40 CFR Part 63, Subpart EEE, 40 CFR Part 63, 

Subpart EEE and when operating in modes 1 and 2, the otherwise applicable standards of 40 

CFR Part 63, Subpart LLL in lieu of the substantive requirements of 40 CFR Part 63, Subpart 

EEE. The facility shall comply with the EPA-approved alternative monitoring methods and 

procedures dated February 6, 2001 and July 9, 2001.

Operating parameter limits were established through performance testing and/or equipment 

manufacturer specifications and ensure compliance with the emission standards. The operating

parameter limits are included in the most recent Notification of Compliance (NOC). These 

operating parameters may change if performance testing is conducted per Subsection 3.0. In the 

event of subsequent changes to the NOC, the permittee shall:
Page 36 of 77

a. operate in accordance with the most recent NOC (based on postmark date of the 

submittal), and

b. together with the revised NOC, submit a permit modification application to 

incorporate any necessary revisions into the Title V permit (K.A.R. 28-19-513, 40 

CFR 63.1206, 40 CFR 63.1210, and 40 CFR 70.7(e)(2)(v)).

The EPA finalized Phase I replacement standards for Subpart EEE on October 12, 2005. The 

facility will comply with the replacement standards per the timeframe specified in the 

regulation.

2.1 Destruction and Removal Efficiency

Emissions Limitation

The owner or operator shall achieve a destruction and removal efficiency (DRE) of 99.99% 

(63. 1204(c)(1 )).

Monitoring

The facility shall demonstrate continuous compliance with the DRE standards by complying with 

the operating parameter limits specified in the most recent Notification of Compliance.

Modes 3 and 4

1. Minimum combustion chamber temperature profile on a three-hour rolling time 

block (63.1209(j)(1));

2. Maximum gas flowrate on an hourly rolling average (63.1209(j)(2));

3. Maximum MCBP LWDF feedrate on an hourly rolling average (63.1209(j)(3));

4. Maximum DDC LWDF feedrate (including BWF)on an hourly rolling average 

(63.1209(j)(3)); and

5. Maximum SEI SWDF feedrate on an hourly rolling average (63.1209(j)(3)).

2.2 Dioxins/Furans

Emissions Limitation

The owner or operator shall not cause combustion gases to be emitted into the atmosphere 

that contain dioxins/furans:

i Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent oxygen (63. 

1204(b)(1)(i)); or

ii Emissions in excess of 0.40 ng TEQ/dscm corrected to 7 percent oxygen provided 

that the combustion gas temperature at the inlet to the initial dry particulate matter 

control device is 400 F or lower based on the average of the test run average 

temperatures (63. 1204(b)(1)(ii)).
Page 37 of 77

Monitoring

The facility shall demonstrate continuous compliance with the dioxin/furans emission 

standards by complying with the operating parameter limits specified in the most recent 

Notification of Compliance.

Modes 1 and 2

1. Maximum inlet gas temperature to the kiln/raw mill baghouse on a three-hour 

rolling average (63.1350(f)(2));

2. Maximum inlet gas temperature to the bypass baghouse on a three-hour rolling 

average (63.1350(f)(2)); and

3. Maximum inlet gas temperature to the coal mill baghouse on a three-hour rolling 

average (63.8(g) alternative to 63.1350(f)(2)).

Modes 3 and 4

1. Maximum inlet gas temperature to the kiln/raw mill baghouse on an hourly rolling 

average (63.1209(k)(1 )(i));

2. Maximum inlet gas temperature to the bypass baghouse on an hourly rolling 

average (63.1209(k)(1 )(i));

3. Maximum inlet gas temperature to the coal mill baghouse on an hourly rolling 

average (63.1209(g) alternative to 63.1209(k)(1 )(i));

4. Minimum combustion chamber temperature profile on a three-hour rolling time 

block (63.1209(g) alternative to 63.1209(k)(2));

5. Maximum stack gas flowrate on an hourly rolling average (63.1209(k)(3)(i) & (ii));

6. Maximum MCBP LWDF feedrate on an hourly rolling average (63.1 209(k)(4)(i) & 

(ii));

7. Maximum DDC LWDF feedrate (including BWF) on an hourly rolling average (63. 

1209(k)(4)(i) & ii)); and

8. Maximum SEI SWDF feedrate on an hourly rolling average (63. 1209(k)(4)(i) & (ii)).

2.3 Mercury

 Emissions Limitation

The owner or operator shall not cause combustion gases to be emitted into the atmosphere that

contain mercury in excess of 120 g/dscm corrected to 7 percent oxygen.

The facility shall demonstrate compliance with the mercury emission standards by complying 

with the following equation (63. 1204(d)(2)) on an annual basis based on a one-year block 

average performed June 12 of every year:
Page 38 of 77

Where: CHG,Total

CHG,millo n

CHG,millo ff

Tmillon

Tmillo ff

= Time-weighted average concentration of mercury

= Extrapolated emission concentration of mercury with the raw 

mill on line (operating mode 3)

= Extrapolated emission concentration of mercury with the raw 

mill off line (operating mode 4)

= Time when kiln gases are routed through the raw mill (operating 

mode 3)

= Time when kiln gases are not routed through the raw mill 

(operating mode 4)

Monitoring

The facility shall demonstrate compliance with the mercury emission standards by complying 

with the operating parameter limits specified in the most recent Notification of Compliance.

Modes 3 and 4

1. Maximum total mercury feedrate on a 12-hour rolling average (63.1209(l)).







































milloff millon

millon

HG, millon

milloff millon

milloff

HG,Total HG, milloff T T

T

C

T T

T

C C

2.4 Particulate Matter

Emissions Limitation

The owner or operator shall not cause combustion gases to be emitted into the atmosphere that

contain particulate matter in excess of 0.15 kg/Mg dry feed and opacity greater than 20 percent

(63.1 204(b) (7)).

Monitoring

The facility shall demonstrate continuous compliance with the particulate matter emission 

standards by complying with the operating parameter limits specified in the most recent 

Notification of Compliance.

Modes 1 and 2

1. Continuously monitor the average opacity for each six-minute block period with a 

Continuous Opacity Monitor System (COMS) (63.1350(c)(3)).

Modes 3 and 4

1. Continuously monitor the average opacity for each six-minute block period with a 

COMS (63.1209(a)(1 )(ii)(B));

2. Maximum stack gas flowrate on an hourly rolling average (63.1209(m)(2)(i) & (ii)).
Page 39 of 77

3. Continuously monitor the particulate matter emission rate with a Continuous 

Emission Monitor System (CEMS). The compliance date and performance 

specification for the PM CEMS has not been established.

2.5 Semivolatile Metals and Low-Volatile Metals

Emissions Limitation

The owner or operator shall not cause combustion gases to be emitted into the atmosphere 

that contain:

i. Lead and cadmium in excess of 180 g/dscm, combined emissions, corrected to 7 

percent oxygen (63.1204(b)(3)); or

ii. Arsenic, beryllium, and chromium in excess of 54 g/dscm, combined emissions, 

corrected to 7 percent oxygen (63.1204(b)(4)).

Monitoring

The facility shall demonstrate continuous compliance with the semivolatile metals and lowvolatile metals emission standards by complying with the operating parameter limits 

specified in the most recent Notification of Compliance.

Modes 3 and 4

1. Maximum inlet gas temperature to the kiln/raw mill baghouse on an hourly rolling 

average (63.1209(n)(1));

2. Maximum inlet gas temperature to the bypass baghouse on an hourly rolling 

average (63.1209(n)(1));

3. Maximum inlet gas temperature to the coal mill baghouse on an hourly rolling 

average 63.1209(g) alternative to (63.1209(n)( 1));

4. Maximum feedrate of semivolatile metals on a 12-hour rolling average limit (63. 

1209(n)(2));

5. Maximum feedrate of low volatile metals on a 12-hour rolling average limit 

(63.1209(n)(2));

6. Maximum pumpable low volatile metal feedrate on a 12-hour rolling average (63. 

1209(n)(2));

7. Maximum total chlorine and chloride feedrate on a 12-hour rolling average (63. 

1209(n)(4)); and

8. Maximum stack gas flowrate on an hourly rolling average (63.1209(n)(5)).

2.6 Hydrocarbons

Emissions Limitation

The owner or operator shall not cause combustion gases to be emitted into the atmosphere that

contain total hydrocarbons in excess of 10 ppm, dry basis, corrected to 7 percent oxygen, and 

reported as propane (63.1204(b)(5)(A)(2)).
Page 40 of 77

Monitoring

The facility shall demonstrate continuous compliance with the total hydrocarbon emission standards

by complying with the operating parameter limits specified in the most recent Notification of 

Compliance.

Modes 3 and 4

1. Continuously monitor the maximum total hydrocarbon emission rate at the preheater 

tower on an hourly rolling average with a CEMS (63.1204(b)(5)(A)(2)).

2. Continuously monitor the maximum total hydrocarbon emission rate at the alkali bypass 

baghouse outlet on an hourly rolling average with a CEMS (63.1204(b)(5)(A)(2)).

2.7 Hydrochloric Acid and Chlorine Gas

Emissions Limitation

The owner or operator shall not cause combustion gases to be emitted into the atmosphere that

contain hydrochloric acid and chlorine gas in excess of 86 ppm, combined emissions, expressed as

hydrochloric acid equivalents, dry basis and corrected to 7 percent oxygen (63.1204(b)(6)).

Monitoring

The facility shall demonstrate continuous compliance with the hydrochloric acid and chlorine 

emission standards by complying with the operating parameter limits specified in the most recent 

Notification of Compliance.

Modes 3 and 4

1. Maximum chlorine/chloride feedrate on a 12-hour rolling average (63.1209(o)(1)); and

2. Maximum stack gas flowrate on an hourly rolling average (63.1209(o)(2)).

2.8 Combustion System Leaks

Emissions Limitation

The owner or operator shall control the combustion system leaks of hazardous air pollutants by

maintaining the maximum combustion chamber pressure lower than ambient pressure (63. 

1206(c)(5)).

Monitoring

The facility shall demonstrate continuous compliance with the limitation by complying with 

the operating parameter limits specified in the most recent Notification of Compliance.

Modes 3 and 4

1. Maximum combustion chamber kiln differential pressure; and

2. Maximum combustion chamber tower differential pressure.
Page 41 of 77

3.0 Performance Testing

An initial performance test was conducted from December 11 through 15, 2001 and March 

11 through 14, 2002.

Modes 1 and 2

In accordance with the provisions of 63.1209(q)(1)(ii), the facility has identified the otherwise 

applicable requirements of Subpart LLL emission standards, monitoring and compliance, 

notification, reporting, and recordkeeping for modes 1 and 2. Specific provisions for each of 

these otherwise applicable requirements are listed in the following sections of this permit:

Otherwise Applicable Requirements for Modes 1 and 2

Emission Standards Section 2.2 (D/F) and Section 2.4 (PM)

Monitoring and Compliance Section 2.2 (D/F), Section 2.4 (PM), Section 4.0, and 

the most recent Notification of Compliance

Performance Testing Section 3.0

Operating Requirements Section 5.4

Reporting and Recordkeeping Requirements Section 6.0

The facility must comply with 63.1206(b)(ii) and 1209(q) to meet the otherwise applicable 

requirements of Subpart LLL for performance testing, as listed below. Ash Grove submitted 

a waiver request on May 28, 2004 for the dioxin/furan testing due on June 11, 2004; the EPA 

issued a waiver on June 16, 2004.

Per EPA’s July 9, 2001 compliance determination, when Ash Grove is required to test for 

modes 3 and 4 (burning hazardous waste), the results may be used to demonstrate compliance 

in modes 1 and 2. Pursuant to the provisions of 63.1206(b)(ii), 63.1209(q) and this 

waiver, all future testing for modes 1 and 2 is waived in lieu of testing performed in modes 

3 and 4 according to all the specific provisions of Subpart EEE, so long as the source 

remains subject to Subpart EEE. The APCD inlet temperature limits established for modes 

3 and 4 will be used to establish the respective temperature limits for modes 1 and 2. The 

temperature limits shall be established as the average of the test run averages, in 

accordance with 63.1209(k)(1) and 63.1349(b)(3)(iv). 

Modes 3 and 4

Periodic comprehensive performance tests and confirmatory performance tests are not required 

until the EPA promulgates permanent replacement standards. If the facility conducts testing 

for other reasons (such as a change in operation that adversely effects emissions), a test 

plan shall be submitted in accordance with 40 CFR 63.1207 and submitted at least one year 

before the performance test and performance evaluation are scheduled to begin in accordance 

with 40 CFR 63.1207(e)(1)(i). The facility must also submit a notification of intention to 

conduct the comprehensive performance test at least 60 calendar days before the test is 

scheduled to begin. Current operating parameter limits are waived during testing if approved in 

the test plan according to 40 CFR 63.1207(h). The facility must submit a Notification of

Compliance within 90 days of the completion of testing documenting compliance or 

noncompliance with the emission standards and continuous monitoring requirements and 

identifying operating parameter limits.
Page 42 of 77

The coal mill baghouse inlet temperature OPL is not to be established by testing and is set 

at 200 F per the alternate monitoring approved by the EPA on July 9, 2001 (63.1209(g) 

and 63.8(f)(2)).

4.0 Continuous Monitoring Requirements

In accordance with 63.1209(a) and (b) and approved alternatives, the facility is required 

to use the following to monitor the stack gas:

 two total hydrocarbon (THC) Continuous Emissions Monitoring Systems (CEMS) 

to demonstrate and monitor compliance with the plant specific alternative THC 

standard approved on February 6, 2001;

 Continuous Opacity Monitoring System (COMS) to demonstrate and monitor 

compliance with the opacity standard. The COMS shall be maintained and 

operated in accordance with the requirements of 63.8(c);

 when applicable, PM CEMS to demonstrate and monitor compliance with the PM 

standard (the compliance date and performance specification for the PM CEMS has not 

been established); and

 the facility must operate two oxygen CEMS.

The inlet temperatures for the kiln/raw mill baghouse, bypass baghouse and the coal mill 

baghouse are each measured with a thermocouple system located in the inlet duct to the 

respective baghouses. The recorder response range must include zero and 1.5 times the 

average temperature of the exhaust gas (63.1 350(f)(1)(i)). These thermocouples shall

meet the requirements of 63.1209(b)(1) and 63.1350(f).

The minimum combustion chamber temperature profile which is an alternative to the 

combustion chamber exit temperature is also measured with a thermocouple, which is 

located in the outlet duct from the in-line calciner. This thermocouple shall meet the 

requirements of 63.1209(c)(1).

The maximum combustion chamber pressure is monitored to control the combustion 

system fugitive emissions by maintaining the differential pressure lower than ambient 

pressure using an instantaneous monitor in accordance with 63.1206(c)(5)(i)(B). The 

pressure is monitored with pressure transmitters located at rotary kiln raw material feed 

hood, rotary kiln fuel firing hood and in the tower gas exit ducts.

5.0 Operating Requirements

5.1 Startup, Shutdown and Malfunction Plan

The owner or operator shall develop and implement a written startup, shutdown and 

malfunction plan (SSM) in accordance with 40 CFR 63.6(e)(3). During the periods of 

startup, shutdown and malfunction, the owner or operator shall comply with the SSM plan 

in accordance with procedures specified in 40 CFR 63.1206(c)(2).

The SSM plan dated June 5, 2001, is incorporated into the permit by reference. The facility

shall describe any revisions to the plan in the semiannual report. Revisions to the SSM 

plan are automatically incorporated by reference and do not require a permit modification. 
Page 43 of 77

Revisions to the SSM plan must be recorded in the operating record and detailed in the 

periodic SSM reports.

5.2 Automatic Waste Feed Cutoff System Operability

The owner or operator shall operate the hazardous waste combustor with a functioning 

Automatic Waste Feed Cutoff System per 40 CFR63.1206(c)(3). The purpose of the 

AWFCO system is to instantaneously and automatically stop the flow of hazardous wastederived fuel to the kiln in the event that any of the OPLs in the most recent Notification of 

Compliance are exceeded. During an AWFCO period, hazardous waste fuel will not be 

used; other fuels will be used to replace the thermal energy supplied from the waste-derived 

fuel (WDF) to maintain the system operation along with the system’s capacity to destroy 

constituents of WDF remaining in the system. In accordance with the Operation and 

Maintenance Plan, the AWFCO system and associated alarms operability must be verified 

weekly. The facility shall take corrective measures to minimize future AWFCOs and 

record the findings and corrective measures in the operating record. AWFCOs also apply 

when burning hazardous waste during startup and shutdown.

5.3 Operator Training and Certification

The facility must establish and implement training and, as appropriate, certification 

programs for all categories of personnel whose activities may be expected to directly affect 

emissions of hazardous air pollutants from the source in accordance with 40 CFR 63.1 

206(c)(6). The operator training and certification program must be recorded in the 

facility operating record.

5.4 Operation and Maintenance Plan

The facility shall operate according to an operation and maintenance (O&M) plan as 

required under 40 CFR 63.1206(c)(7). The O&M plan describes in detail procedures for 

operation, inspection, maintenance, and corrective action measures for all components 

of the system, including the combustion system of the kiln and associated pollution control 

equipment that could affect emissions of regulated HAPs. The inspections must be 

conducted at least once per year. The O&M plan shall ensure compliance with the 

operation and maintenance requirements of 40 CFR 63.6(e), 63.1206(c)(7) and 

63.1350(a). The plan must be recorded in the operating record.

The O&M plan dated May 22, 2001, is incorporated in the permit by reference. Revisions 

to the O&M plan are automatically incorporated by reference and do not require a permit 

modification. Revisions must be recorded in the operating record.

5.5 Feedstream Analysis Plan

The facility must develop and implement a feedstream analysis plan (FAP) and record it 

in the operating record in accordance with 63.1209(c)(2). The plan must specify at a 

minimum:

i. the parameters for which each feedstream is analyzed to ensure compliance with 

applicable operating parameter limits;

ii. whether the analysis will be obtained by performing sampling and analysis or by

other methods;
Page 44 of 77

iii. how the analysis will be used to document compliance with applicable feedrate 

limits; 

iv. the test methods used to obtain the analyses;

v. the sampling methods used to obtain a representative sample of each feedstream 

to be analyzed; and

vi. the frequency with which initial analysis of the feedstream will be reviewed or 

repeated to ensure that the analysis is accurate and up to date.

The feedstream analysis plan dated October 17, 2001, is incorporated in the permit by

reference. The facility shall notify KDHE within 7 calendar days after the revision is put 

into effect. Revisions to the FAP are automatically incorporated by reference and do not 

require a permit modification.

6.0 Reporting and Recordkeeping Requirements

The owner or operator shall meet all applicable reporting and recordkeeping 

requirements as specified in 40 CFR 63.1211, 63.1354, 63.1355 and Subpart A. These 

records shall be maintained in accordance with the requirements of 63.10(b)(1) and made 

available for inspection upon request.

The facility shall submit, at minimum, the reports of the following to KDHE:

1. Periodic startup, shutdown and malfunction reports postmarked by the 30th day

following the end of each calendar half or as established otherwise by KDHE 

(63.10(d)(5)(i));

2. Only if the source exceeds a relevant emission standard, an immediate startup, 

shutdown and malfunction reports consisting of a telephone call (or facsimile 

transmission) to KDHE within 2 working days after commencing actions 

inconsistent with the plan, followed by a letter, postmarked within 7 working days 

after the end of the event (63.10(d)(5)(ii));

3. Excess emissions and continuous monitoring system performance report and 

summary report semiannually (63.1 0(e)(3));

4. Excessive exceedances reports within 5 calendar days of the 1 0th exceedance 

during a 60-day block period (63.1206(c)(3)(vi)); and

5. Any changes in design, operation and maintenance practices of the source in a 

manner that may adversely affect compliance with any emission standard that is 

not monitored with a CEMS at least 60 days prior to the change (63.1206(b)(5)).

Send copies of submissions required by this section to Hazardous Waste Section in 

Bureau of Waste Management in addition to submissions to Bureau of Air and 

Radiation.
Page 45 of 77

The facility shall keep, at minimum, the records of the following:

1. Documentation of mode of operation changes (63.1 204(d)( 1 )(ii));

2. Documentation of compliance demonstration with the emission averaging requirements

(63.1 204(d)(2)(ii));

3. Corrective measures for any AWFCO that results in an exceedance of an emission standard

or operating parameter limit (63.1 206(c)(3)(v));

4. Documentation and results of the AWFCO operability test procedures and results (63.1 

206(c)(3)(vii);

5. Differential pressure readings used for control of combustion system leaks (63.1 

206(c)(5)(ii));

6. Operator training and certification program (63.1206(c)(6));

7. Operation and maintenance plan (63.1206(c)(7)(i)(D));

8. Feedstream analysis plan (63.1209(c)(2));

9. The value of the parameter for each feedstream by sampling and analysis or other method

(63.1209(c)(4)(i));

10. The mass or volume flowrate of each feedstream, except process air and natural gas, by a

CMS (63.1209(c)(4)(ii));

11. The mass feedrate of the parameter per unit time (63. 1209(c)(4)(iii)). 
Page 46 of 77

The following table details the fuels and feed locations approved for the in-line kiln/raw 

mill system:

PERMITTED FUEL TYPES AND FEED LOCATIONS

Fuel Feed 

Location

Permitted Fuel Types

Coal

Petroleu

m

Coke

Natural Gas

L

W

D

F

1

Used

Oil

2

S

W

D

F

3

B

W

F

4

T

D

F

5

Approved 

Operating Mode

1,2,3,4 1,2,3,4 1,2,3,4 3,4 1,2,3,4 3,4 3,4 3,4

Kiln MCBP ✓ ✓ ✓ ✓ ✓

In Line Calciner ✓ ✓

Down Draft 

Calciner ✓ ✓ ✓ ✓ ✓ ✓

Solid Entry 

Interlock ✓ ✓

Tire Entry 

Interlock ✓

1. LWDF = Liquid Waste Derived Fuel. This feedstream may be composed of any RCRA approved hazardous waste and may

also contain non-hazardous liquid wastes mixed with hazardous waste liquids, including solids and sludges that can be blended and 

fed through the liquid fuel storage tanks and feed nozzles.

2. Used Oil = non-hazardous used oil handled under the provisions of 40 CFR 279 through the LWDF system.

3. SWDF = Solid Waste Derived Fuel. This feedstream is containerized in pails and may be composed of any RCRA approved 

hazardous waste codes. This feedstream may also include containerized non-hazardous waste solids.

4. BWF = Bulk Waste Fuel. This may be composed of any non-containerized solid material that contains no free liquids. This 

feedstream may include RCRA approved hazardous waste and non-hazardous waste solids. 

5. TDF = Tire Derived Fuel. This feedstream is composed of whole passenger and truck tires.
Page 47 of 77

M. 40 CFR Part 63 Subpart LLL

Equipment subject to 40 CFR 63 Subpart LLL must comply with the requirements of 40 CFR 63 Subpart A 

- General Provisions except where Subpart LLL provides for explicit exemptions to Subpart A. The 40 

CFR 63 Subpart A - General Provisions are found in Attachment G of this permit.

M.1 All equipment subject to 40 CFR 63, Subpart LLL

a. Limitation/ Part 63 Subpart LLL Standard.

Standard:

Monitoring

Reporting

Submit results of all PM performance tests within 60 days of the 

test, Opacity tests within 30 days of the test

63.1354(b)(1),(2)

Submit progress reports by the dates specified in written extension 

of compliance.

63.1354(b)(3)

State that actions taken during startups, shutdowns, or malfunctions 

were consistent with the SSMP in semi-annual report and K.A.R. 28-

19-11.

63.1354(b)(4)

K.A.R. 28-19-11

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 working days (telephone or fax) 

and follow up with letter within 7 days

63.1354(b)(5)

Recordkeeping Maintain files required by this section for at least 5 years. 63.1355(a)

Testing Repeat performance tests every 5 years. 63.1349(c)

b. Limitation/ 63.1350(b) Failure to comply with O and M plan is a violation of the standard

Standard:

Monitoring Monitor according to O and M plan. 63.1350(j)

M.2 Source Specific- all CMS systems required by 40 CFR 63, Subpart LLL

Limitation/ Part 63 Subpart LLL - CMS Requirements

Standard:

Monitoring

Reporting Report results of CMS performance evaluation. 63.1354(b)(6)

Report results of COMS performance evaluation. 63.1354(b)(7)

Submit excess emissions and CMS performance report whenever 

source is not in compliance with applicable limits. 63.1354(b)(8)

Submit excess emissions and CMS performance report with 

summary report if CMS downtime is > 10% of total operating time. 63.1354(b)(10)
Page 48 of 77

M.3 40 CFR 63 NESHAP - LLL, Clinker Cooler (major source; new or existing), 

Effective June 14, 2002)

a. Limitation/ 63.1345(a)(1) PM < or = 0.10 lb per ton of feed to kiln:

Standard

Testing Demonstrate initial compliance by performance testing 63.1349(a)

Conduct performance tests in accordance with 63.1349(b)(1)-(4) 63.1349(b)

b. Limitation/ 63.1345(a)(2) Opacity < or = 10% except during startups, shutdowns, & malfunctions 

 Standard:

Monitoring Submit operations and maintenance plan as part of a Title V 

application

63. 1350(a)(1-3)

Monitor opacity at each point where emissions are vented. 63.1350(d)

Opacity < or = 10% for each 6-minute average except during startups, 

shutdowns, & Malfunctions 63.1350(d)(3)

Operate a COM at the outlet of the clinker cooler PM control device. 63.1350(d)(1)

Testing Demonstrate initial compliance by performance testing 63.1349(a)

Demonstrate opacity using COM during Method 5 performance tests. 63.1349(b)(1)(v)

M.4 40 CFR 63 NESHAP - LLL, Raw or Finish Mill, Existing, Effective June 14, 2002

Limitation/ 63.1347 Opacity < or = 10% except during startups, shutdowns, & malfunctions

Standard:

Monitoring Conduct daily 6-minute visible emissions test (Method 22) of mill 

sweep and air separator PMCDs, unless a BLDS is installed. 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.

63.1350(e)

If a BLDS is installed, the BLDS must be certified by the 

manufacturer to detect PM emissions at concentrations of 10 mg per 

actual cubic meter or less.

63.1350(m)(1)

If a BLDS is installed, the sensor must provide output of relative PM

emissions.

63.1350(m)(2)

If a BLDS is installed, the BLDS must have an alarm that activates

automatically when it detects a significant increase in PM emissions.

63.1350(m)(3)

If a BLDS is installed, the presence of an alarm condition should be

apparent to facility.

63.1350(m)(4)

If a BLDS is installed, For a positive pressure fabric filter, each

compartment should have a bag leak detector. For a negative-pressure

or induced-air fabric filter, the bag leak detector must be installed

downstream of the fabric filter.

63.1350(m)(5)

If a BLDS is installed, it must be operated, adjusted, and maintained

based on manufacturer's written specifications and recommendations.

63.1350(m)(6)
Page 49 of 77

If a BLDS is installed, the baseline output of the system must be

established by adjusting the range and averaging period of the device,

and establishing the alarm set points and delay time.

63.1350(m)(7)

If a BLDS is installed, after the initial adjustment, the range, averaging

period, alarm set points, or alarm delay time may not be adjusted 

except as specified in the operations and maintenance plan.

63.1350(m)(8)

If a BLDS is installed, the fabric filter must be maintained and 

operated such that the bag leak detector alarm condition does not exist 

more than 5 percent of the total operating time for a 6-month block 

period.

63.1350(m)(9)

If a COMS is used in Lieu of M22/M9s, it must be installed at the 

outlet of the APCD and in accordance with PS-1. Compliance is 

demonstrated when the 6 minute block average is less than 10%.

63.1350(m)

Testing Conduct an initial 3-hour (30 6-minute averages) Method 9 test. 63.1349(b)(2)(ii)

M.5 40 CFR 63 NESHAP - LLL, Open or Partially Enclosed - Conveying System 

Transfer Points, Storage Bins, Unloading Systems, Raw Material Dryers, Bagging 

Systems, or the associated APCDs – With the potential to emit particulate matter

Limitation/ 63.1348 Opacity < or = 10% except during startups, shutdowns, & malfunctions 

Standard:

Monitoring Conduct 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. See Opacity

Monitoring Section for more details. 

63.13 50(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.

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

M.6 40 CFR 63 NESHAP - LLL, NON EMITTING - Conveying System Transfer Points, 

Storage Bins, Unloading Systems, Raw Material Dryers, Bagging

Limitation/ 63.1348 Opacity < or = 10% except during startups, shutdowns, malfunctions 

Standard:

Monitoring Quarterly visual inspections for leaks will be conducted. If

visible emissions are observed during these inspections, the

requirements of 63.1350(a)(4)(i)-(iv) will apply to that source.

Alternative Monitoring

Request – 12/04/2001

Testing None Required at this time since one was conducted on

12/04/2001

Initial Performance Testing

Waiver – 12/04/2001
Page 50 of 77

M.7 40 CFR 63 NESHAP - LLL, Conveying System Transfer Points with Limited Operation

Limitation/ 63.1348 Opacity < or = 10% except during startups, shutdowns, & malfunctions 

Standard:

Monitoring Conduct a monthly Method 22 test when the emission

source is operating.

Alternative Monitoring Requests –

04/25/2002 and 08/21/2002

Testing Waiver of initial Method 9 Performance test. Initial Performance Testing Waiver

– 04/25/2002 and 08/21/2002

M.8 40 CFR 63 NESHAP - LLL, Inaccessible Conveying System Transfer Points (601 .CH3)

Limitation/ 63.1348 Opacity < or = 10% except during startups, shutdowns, & malfunctions 

Standard:

Monitoring Conduct monthly visual inspections for leaks or evidence of leaks

when the emission source is operating. The frequency of these

visual inspections can be reduced to semi-annually if no leaks are

observed in six consecutive monthly tests and further reduced to

annually if no leaks are observed in the semi-annual inspection.

Alternative Monitoring

Request – 04/17/2001

Testing Waiver of initial Method 9 Performance test and Method 22 test. Initial Performance Testing

Waiver – 04/17/2001

M.9 40 CFR 63 NESHAP - LLL, Inaccessible Conveying System Transfer Points (601 .CH4)

Limitation/ 63.1348 Opacity < or = 10% except during startups, shutdowns, & malfunctions

Standard:

Testing In lieu of performing an initial Method 9 Performance 

Test,

Initial Performance Testing

conduct an initial visual inspection for leaks or evidence 

of leaks followed by a 6-minute Method 9 test.

Waiver – 04/17/2001

N. State Construction Permit Conditions

N.1 KDHE Construction Permit 8-26-99 (superseded by 3-30-06 permit) Air Emission Unit 

Technical Specifications

Limitation/Standard: Construction Permit 8-26-99 (superseded by 3-30-06 permit) Preheater/precalciner and 

kiln to be fired with coal and/or petroleum coke, natural gas, used oil, solid and liquid 

hazardous waste-derived fuel, and alternative non-hazardous waste-derived fuels.

Monitoring Monitor fuel used for the preheater/ precalciner.

Recordkeeping Record fuel used for the preheater/ precalciner.
Page 51 of 77

N.2 KDHE Construction Permit 8-26-99 (superseded by 3-30-06 permit) Air Emission Unit 

Technical Specifications

Limitation/

Standard:

Construction Permit 8-26-99 (superseded by 3-30-06 permit) Maximum kiln annual feed of 

2,899,560 tons/year.

Monitoring Monitor kiln feed on a rolling 12-month basis in units of (tons/year).

Recordkeeping Record kiln feed on a rolling 12-month basis (tons/year).

N.3 KDHE Construction Permit 8-26-99 (superseded by 3-30-06 permit) Air Emission Unit 

Technical Specifications

Limitation/

Standard:

Construction Permit 8-26-99 (superseded by 3-30-06 permit) Maximum raw mill annual 

throughput 3,285,000 tons/year

Monitoring Monitor raw mill throughput on a rolling 12-month basis in units of 

(tons/year).

Recordkeeping Record raw mill throughput on a rolling 12-month basis (tons/year).

N.4 KDHE Construction Permit 8-26-99 (superseded by 3-30-06 permit) Air Emission Unit 

Technical Specifications

Limitation/

Standard:

Construction Permit 8-26-99 (superseded by 3-30-06 permit) Maximum clinker cooler annual 

throughput of 1,699,440 tons/year

Monitoring Monitor clinker cooler throughput on a rolling 12-month basis 

(tons/year).

Recordkeeping Record clinker cooler throughput on a rolling 12-month basis 

(tons/year).

N.5 KDHE Construction Permit 8-26-99 (superseded by 3-30-06 permit) Air Emission Unit 

Technical Specifications

Limitation/

Standard:

Construction Permit 8-26-99 (superseded by 3-30-06 permit) Maximum coal mill annual 

throughput of 245,280 tons/year

Monitoring Monitor coal mill throughput on a rolling 12-month basis (tons/year).

Recordkeeping Record coal mill throughput on a rolling 12-month basis (tons/year).

N.6 KDHE Construction Permit 8-26-99 (superseded by 3-30-06 permit) Air Emission Unit 

Technical Specifications

Limitation/

Standard:

Construction Permit 8-26-99 (superseded by 3-30-06 permit) Maximum finish mills #1 and #3 

throughput of 876,000 tons/year

Monitoring Monitor finish mills #1 and #3 throughput on a rolling 12-month basis 

(tons/year).

Recordkeeping Record finish mills #1 and #3 throughput on a rolling 12-month basis 

(tons/year).
Page 52 of 77

N.7 KDHE Construction Permit 8-26-99 (superseded by 3-30-06 permit) Air Emission Unit 

Technical Specifications

Limitation/

Standard:

Construction Permit 8-26-99 (superseded by 3-30-06 permit) Maximum finish mill #4 

throughput of 1,314,000 tons/year

Monitoring Monitor finish mill #4 throughput on a rolling 12-month basis 

(tons/year).

Recordkeeping Record finish mill #4 throughput on a rolling 12-month basis 

(tons/year).

N.8 KDHE Construction Permit 8-26-99 (superseded by 3-30-06 permit) Air Emission Unit 

Technical Specifications

Limitation/ 

Standard:

Construction Permit 8-26-99 (superseded by 3-30-06 permit) Fabric filters shall be installed, 

operated and maintained to control particulate matter from conveyor transfer points (Belt 

conveyors, screw conveyors, drag chain conveyors, pneumatic conveyors, metal pan 

conveyors and bucket elevators for moving raw material, clinker, additives and finished 

cement).

Monitoring All APCDs must be operating when the emission source it is designated to control 

is operating.

Each mandated APCD designed to capture particulate matter emitted from in-plant 

material conveyance system transfer points shall be operated and maintained such 

that particulate matter is diverted to and captured by the control device at all times 

that a conveyance system is operating.

Recordkeeping Record that all APCDs are operated and maintained according to manufacturer’s 

specifications or recommendations.

N.9 KDHE Construction Permit 8-26-99 (superseded by 3-30-06 permit) Air Emission Unit 

Technical Specifications

Limitation/ 

Standard:

Construction Permit 8-26-99 (superseded by 3-30-06 permit) Fabric filters shall be 

installed, operated and maintained to control particulate matter from new storage bins and 

silos for raw and in-process materials.

Monitoring All APCDs must be operating when the emission source it is designated 

to control is operating.

Recordkeeping Record that all APCDs are operated and maintained according to 

manufacturer’s specifications or recommendations
Page 53 of 77

N.10 KDHE Construction Permit 8-26-99 (superseded by 3-30-06 permit) BACT Air 

Emission Limitations

Limitation/ 

Standard:

Construction Permit 8-26-99, Modification of Permit/Approval Conditions June 22, 2004 

(superseded by 3-30-06 permit) Maximum plant wide emission of carbon monoxide limited to 5,000 

lb/hr, measured as an 8-hour block average.

Monitoring CEMS required for CO 

Ash Grove shall operate all CEMS in accordance with the applicable procedures under

Performance Specifications 1,2, and 4 in 40 CFR 60, Appendix B.

Ash Grove shall perform quarterly accuracy determinations and daily calibration drift 

tests in accordance with Procedure 1 in 40 CFR 60, Appendix F.

For the CO monitors, the span values of each CEMS shall be 800 ppm.

When there are gaps in emissions data recorded by CO CEMS, use the average of the 

one-minute values of data previously recorded during the last 30 days.

Recordkeeping

Record each 8-hour block average CO emission rate 3 times each day.

Maintain records of CEMS data for the previous 2 years.

N.11 KDHE Construction Permit 8-26-99 (superseded by 3-30-06 permit) BACT Air 

Emission Limitations

Limitation/ 

Standard:

Construction Permit 8-26-99, Modification of Permit/Approval Conditions June 22, 2004 

(superseded by 3-30-06 permit) Maximum annual plant-wide emissions of carbon monoxide 

limited to 1,169 tons, measured as a 12-month rolling average.

Monitoring CEMS required for CO 

Ash Grove shall operate all CEMS in accordance with the applicable procedures under

Performance Specifications 1,2, and 4 in 40 CFR 60, Appendix B.

Ash Grove shall perform quarterly accuracy determinations and daily calibration drift 

tests in accordance with Procedure 1 in 40 CFR 60, Appendix F.

For the CO monitors, the span values of each CEMS shall be 800 ppm.

When there are gaps in emissions data recorded by CO CEMS, use the average of the 

one-minute values of data previously recorded during the last 30 days.

Recordkeeping

Maintain monthly emission rates based on hourly averages of CEMS data and compute 

and record the 12-month rolling total emission rate. Maintain records of CEMS data for 

the previous 2 years.

N.12 KDHE Construction Permit 8-26-99 (superseded by 3-30-06 permit) Air Emission 

Limitations

Limitation/

Standard:

Construction Permit 8-26-99, Modification of Permit/Approval Conditions June 22, 2004 

(superseded by 3-30-06 permit) Maximum annual plant-wide emissions of sulfur-oxides limited to 

1,037 tons, measured as a 12-month rolling average.
Page 54 of 77

Monitoring CEMS required for SOx

Ash Grove shall operate all CEMS in accordance with the applicable procedures under 

Performance Specifications 1,2, and 4 in 40 CFR 60, Appendix B.

Ash Grove shall perform quarterly accuracy determinations and daily calibration drift tests in 

accordance with Procedure 1 in 40 CFR 60, Appendix F.

For the SOx monitors, the span values of each CEMS shall be 600ppm.

When there are gaps in emissions data recorded by SOx CEMS, use the average of the 

one-minute values of data previously recorded during the last 30 days.

Recordkeeping

Maintain monthly emission rates based on hourly averages of CEMS data and compute and 

record the 12-month rolling total emission rate.

Maintain records of CEMS data for the previous 2 years.

N.13 KDHE Construction Permit 8-26-99 (superseded by 3-30-06 permit) Air Emission 

Limitations

Limitation/

Standard:

Construction Permit 8-26-99Modification of Permit/Approval Conditions June 22, 2004 (superseded 

by 3-30-06 permit), Maximum annual plant-wide emissions of nitrogen oxides limited to 2,623 tons, 

measured as a 12-month rolling average.

Monitoring CEMS required for NOx.

Ash Grove shall operate all CEMS in accordance with the applicable procedures under

Performance Specifications 1,2, and 4 in 40 CFR 60, Appendix B.

Ash Grove shall perform quarterly accuracy determinations and daily calibration drift 

tests in accordance with Procedure 1 in 40 CFR 60, Appendix F.

For the NOx monitors, the span values of each CEMS shall be 1000 ppm.

When there are gaps in emissions data recorded by NOx CEMS, use the average of the

one-minute values of data previously recorded during the last 30 days.

Recordkeeping

Maintain monthly emission rates based on hourly averages of CEMS data and compute 

and record the 12-month rolling total emission rate.

Maintain records of CEMS data for the previous 2 years.

N.14 KDHE Construction Permit 8-26-99 (superseded by 3-30-06 permit) Permit 

Conditions

Limitation/

Standard:

Construction Permit 8-26-99 (superseded by 3-30-06 permit) A dust-abating surfactant shall be 

applied to all unpaved haul roads leading from the quarry to the cement plant and to all unpaved 

roadways that are located on or within the cement plant perimeter that are traveled by haul 

trucks, regardless of whether the haul truck(s) are owned by Ash Grove. At a minimum, dustabating surfactant shall be applied in a manner and at a frequency consistent with the 

manufacturer’s specifications as necessary to achieve a 90% control efficiency of PM10

emissions.

Recordkeeping Record when surfactant is applied to unpaved haul roads.
Page 55 of 77

N.15 KDHE Construction Permit 8-26-99 (superseded by 3-30-06 permit) Permit Conditions

Limitation/

Standard:

Construction Permit 8-26-99 (superseded by 3-30-06 permit) To implement BACT for the 

preheater/precalciner kiln system, Ash Grove shall install, operate and maintain a “Good Combustion 

Practices” or GCP emission control system, as described in the permit application, to minimize 

emission of carbon monoxide. The GCP emission control system shall be implemented to minimize 

emissions of all criteria air pollutants at all times.

Monitoring Reporting

Recordkeeping

Each person working at the Ash Grove Chanute, Kansas facility in the capacity of a

production manager, production supervisor, process engineer, shift supervisor or 

control room operator shall successfully complete the GCP Training Program, or an 

equivalent program, prior to assuming duties related to, or involving implementation 

of, the GCP BACT technology.

Provide a course of training consisting of classroom and hands-on training in GCP to

cover topics as outlined in the Construction Permit

The GCP Training Program shall be administered by a qualified instructor(s)

Employees shall be tested on their understanding of the contents of the GCP program.

Written records shall be maintained, as necessary, to document successful completion 

of the GCP training program by each person working in the capacities listed above.

Maintain employee-training records relating to GCP training program.

N.16 KDHE Construction Permit 8-26-99 (superseded by 3-30-06 permit) Monitoring 

Requirements and Compliance

Limitation/

Standard:

Construction Permit 8-26-99 (superseded by 3-30-06 permit) Ash Grove shall 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 main stack.

Monitoring Continuously monitor the stack gas flow rate and temperature.

Recordkeeping Continuously record the stack gas flow rate and temperature.

N.17 KDHE Construction Permit 8-26-99 (superseded by 3-30-06 permit) Monitoring 

Requirements

Limitation/

Standard:

Construction Permit 8-26-99 (superseded by 3-30-06 permit) Ash Grove shall install, calibrate, 

maintain and operate a system to continuously measure and record the stack gas oxygen 

concentration in the alkali bypass system and between the second and third preheater stages.

Monitoring Continuously monitor the stack gas oxygen concentration in the alkali bypass system and

between the second and third preheater stages.

Recordkeeping Continuously record the stack gas oxygen concentration in the alkali bypass system and

between the second and third preheater stages.
Page 56 of 77

N.18 KDHE Construction Permit 8-26-99 (superseded by 3-30-06 permit) Monitoring 

Requirements

Limitation/

Standard:

Construction Permit 8-26-99 (superseded by 3-30-06 permit) Ash Grove shall operate all of the 

CEMS and stack gas flow rate monitor when the kiln system is operated, except for CEMS 

breakdowns, repairs, calibration checks and zero span adjustments.

Monitoring Continuously monitor the stack gas flow rate when the kiln system is operating.

N.19 KDHE Construction Permit 8-26-99 (superseded by 3-30-06 permit) Notification

Limitation/

Standard:

Construction Permit 8-26-99 (superseded by 3-30-06 permit) Ash Grove shall submit a written 

excess emissions and monitoring systems performance report to the Department each calendar 

quarter. The reports shall include the information required in § 60.7(c) and (d) and shall be 

postmarked by the 30th day following the end of the calendar quarter. 

Reporting Submit the excess emissions and monitoring systems performance report quarterly.

N.20 KDHE Construction Permit 10-03-00 Cement Unloading

Limitation/

Standard:

Construction Permit 10-03-00 The railcar unloading connectors (“boot-lift”) must be properly

engaged and operating when the railcar unloading station is in operation.

N.21 KDHE Construction Permit 1-16-01 Modified CKD Handling and Storage

Limitation/

Standard:

Construction Permit 1-16-0 1 Exhaust gases from the processing equipment shall be vented through 

the air emission control equipment.

Recordkeeping Compliance with this limit is demonstrated by complying with the opacity limitations of 

M.5 40 CFR 63 NESHAP - LLL, Conveying System Transfer Points, Storage Bins, 

Unloading Systems, Raw Material Dryers, Bagging Systems, or the associated APCDs 

With the potential to emit particulate matter.

N.22 KDHE Construction Permit 1-16-01 Modified CKD Handling and Storage

Limitation/

Standard:

Construction Permit 1-16-0 1 The enclosures and covers on the raw material handling equipment 

shall be in place and tightly secure when material is being moved through this equipment so that a

capture efficiency of 100% is maintained.

Recordkeeping Compliance with this limit is demonstrated by complying with the opacity limitations of 

M.5 40 CFR 63 NESHAP - LLL, Conveying System Transfer Points, Storage Bins,

unloading Systems, Raw Material Dryers, Bagging Systems, or the associated APCDs –

With the potential to emit particulate matter.

Recordkeeping Compliance with this limit is demonstrated by complying with the opacity limitations of M.5 

40 CFR 63 NESHAP - LLL, Conveying System Transfer Points, Storage Bins, Unloading 

Systems, Raw Material Dryers, Bagging Systems, or the associated APCDs – With the 

potential to emit particulate matter.
Page 57 of 77

N.23 KDHE Construction Permit 1-16-01 Modified CKD Handling and Storage

Limitation/

Standard:

Construction Permit 1-16-0 1 The control equipment with at least 99% control efficiency shall be 

in place and continuously operate to control emission of PM and PM10 from the raw material 

handling equipment when in operation.

Recordkeeping Compliance with this limit is demonstrated by complying with the opacity limitations of 

M.5 40 CFR 63 NESHAP - LLL, Conveying System Transfer Points, Storage Bins, 

Unloading Systems, Raw Material Dryers, Bagging Systems, or the associated APCDs –

With the potential to emit particulate matter.

N.24 KDHE Construction Permit 5-01-01 Clinker Loadout

Limitation/

Standard:

Construction Permit 5-01-01 The APCD (baghouse) shall be operated at all times and emissions

routed to the baghouse whenever the load-out chute is being operated.

Recordkeeping Compliance with this limit is demonstrated by complying with the opacity limitations of 

M.5 40 CFR 63 NESHAP - LLL, Conveying System Transfer Points, Storage Bins, 

Unloading Systems, Raw Material Dryers, Bagging Systems, or the associated APCDs –

With the potential to emit particulate matter.

N.25 KDHE Construction Permit 8-08-02 Fly Ash Permit

Limitation/

Standard:

Construction Permit 8-08-02 Baghouse 535.BF2 shall be operating at all times and emissions 

from the cement load-out system shall be routed to baghouse 535.BF2, whenever the load-out chute 

is being operated to transfer fly ash to cement storage silo #38. (Not applicable, refer to 

construction permit 1-20-05, Condition N.30)

Recordkeeping Compliance with this limit is demonstrated by complying with the opacity limitations of 

M.5 40 CFR 63 NESHAP - LLL, Conveying System Transfer Points, Storage Bins, 

Unloading Systems, Raw Material Dryers, Bagging Systems, or the associated APCDs –

With the potential to emit particulate matter.

Limitation/

Standard:

Construction Permit 8-08-02 A magnahelic or similar type device shall be installed on the 

baghouse to enable accurate monitoring of the pressure drop across the baghouse.

Recordkeeping Compliance with this limit is demonstrated by complying with the opacity limitations of 

M.5 40 CFR 63 NESHAP - LLL, Conveying System Transfer Points, Storage Bins, 

Unloading Systems, Raw Material Dryers, Bagging Systems, or the associated APCDs –

With the potential to emit particulate matter.

The Construction Permit 8-26-99 has been modified by a Modification of Permit/Approval Conditions June 22, 2004.
Page 58 of 77

N.26 KDHE Construction Permit 2-25-04 Meat and Bone Meal Feasibility Test

Limitation/

Standard:

Construction Permit 2-25-04 The feed rate of meat and bone meat to the calciner shall not 

exceed ten (10) tons per hour. The total amount of meat and bone meal burned to the calciner 

during the testing shall not exceed 50 tons. (This test has been completed and the system has 

been removed.)

Recordkeeping Record the feed rate of meat and bone meal fed to the calciner.

Maintain records on-site at the facility for at least two (2) years from the date of the record.

N.27 KDHE Construction Permit 6-01-04 Selective Non-Catalytic Reduction Feasibility Test

Limitation/

Standard:

Construction Permit 6-1-04 The testing associated with the injection of ammonium hydroxide 

shall be limited to no more than 168 hours of kiln operating time. (This test has been completed 

and the system has been removed.)

Recordkeeping Record the feed rate(s) and duration (in hours) of injection of the ammonium hydroxide fed to 

the kiln.

Maintain records on-site at the facility for at least two (2) years from the date of the record.

N.28 KDHE Modification of Permit/Approval Conditions, June 22, 2004

Limitation/

Standard:

The overall maximum combined production rate for all finish mill systems shall not exceed 

2,100,000 tons in any consecutive 12 month period.

Monitoring 

Recordkeeping

The owner or operator is required to monitor and record the production rate of each finish mill 

system and the combined production total of all finish mill systems. Each record shall be 

updated monthly, no later than the last day of the month following the month to which the

record relates. Each record shall be kept on-site for a minimum of five (5) years from the date 

of the record.

N.29 KDHE Construction Permit 12-16-05 Selective Non-Catalytic Reduction System

Limitation/

Standard:

Construction Permit 12-16-05 Selective Non-Catalytic Reduction System is subject to all 

conditions, operating limits, and monitoring requirements specified for the kiln system as stated in 

Condition N.2 according to the 3-30-06 Construction Permit

Recordkeeping Maintain written records of the feed rate(s) and duration (in hours) of injection of the ammonium hydroxide fed 

to the kiln 

 Keep all records on-site for at least two (2) years from the date of the record.

N.30 KDHE Construction Permit 3-30-06 PM Emission Limits

Limitation/

Standard:

Construction Permit 3-30-06 PM emissions are limited to 0.02 grains/dscf for the following 

facilities: in-line raw mill/kiln, coal mill, and clinker cooler.

Monitoring Compliance with this limit is demonstrated by following the procedures under 40 CFR 60.13 for 

installation, evaluation, and operation of the COMS, including operation of the COM system at all 

times, except during period of COM system breakdown, repair, calibration checks and zero and span 

adjustments. Ash Grove shall operate all COMS in accordance with the applicable procedures under 

Performance Specification 1 in 40 CFR 60, Appendix B.
Page 59 of 77

N.31 KDHE Construction Permit 3-30-06 Monitoring Requirements

Limitation/

Standard:

Construction Permit 3-30-06 The primary (211.CR1) and secondary crushers (211.CR2) are subject 

to:

A. K.A.R. 28-19-20 Particulate matter emission limitation which limits the quantity of particulate 

emissions from processing equipment in proportion to the rate at which 

materials are processed.

B. K.A.R. 28-19-650(a) Opacity of visible emissions from the crushers shall not exceed 40 

percent. 

Monitoring, 

Reporting, and 

Recordkeeping

Compliance with this limit is demonstrated by complying with monitoring, reporting, and 

recordkeeping requirements as specified for K.A.R. 28-19-20 and K.A.R. 28-19-650(a) above.

N.32 KDHE Construction Permit 3-30-06 Monitoring Requirements

Limitation/

Standard:

Construction Permit 3-30-06 Alternative fuels and pails of non-hazardous waste fuel may be fed 

to the preheater/precalciner kiln system using the existing feed systems and those included in this 

permit, so long as the total feed stream characteristics or emissions from the kiln system do not 

result in an exceedance of the operating parameter limits specified in the most recent Notification 

of Compliance. Alternative waste fuels may only be fed in Modes 3 and 4, except upon approval 

by KDHE to burn in Modes 1 and 2. After successful demonstration of compliance while burning 

TDF, BWF, and/or non-hazardous waste fuel pails in Modes 3 and 4, Ash Grove may, upon 

approval from KDHE, begin feeding TDF, BWF, and non-hazardous waste fuel pails in Modes 1 

and 2.

Monitoring If an exceedance of operating parameter limits occurs while feeding TDF, BWF, or non-hazardous pail in 

Modes 3 or 4, take immediate steps to ramp down the alternate waste fuel feedrate. Completely stop burning of 

all non-hazardous alternative waste fuels within 10 minutes or the first recorded exceedance of any operating 

parameter limit. Feeding of alternate waste fuel shall not be resumed unless/until all operating parameters are 

within acceptable limits, as defined in the most recent Notification of Compliance.

Burning of non-hazardous alternative waste fuels shall not impact the AWFCO requirements for hazardous 

waste-derived fuel. Hazardous waste-derived fuels shall be controlled by an AWFCO system and shall be used 

to instantaneously and automatically stop the flow of hazardous waste-derived fuel to the kiln in the event that 

any of the operating parameter limits in the most recent Notification of Compliance are exceeded.

Reporting and 

Recordkeeping

Only exceedances that occur while hazardous waste remains in the combustion chamber shall be 

counted towards the excessive exceedance reporting requirements of 40 CFR 63.1206(c)(3)(vi).

Since qualitative assessments and/or Method 9 evaluations or any other reporting requirements are 

required in the Applicable Requirements Section of this permit, the facility is required to submit a 

semi-annual report every six months. Refer to the Testing, Monitoring, Record Keeping and

Reporting Section of this permit for the submittal dates of these reports.

Facility-Wide Applicable Requirements

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

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 
Page 60 of 77

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 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 Emission 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 the date specified at 

K.A.R. 28-19-517 or amendments thereto and shall be submitted on forms provided or approved 

by the KDHE. At the time of permit issuance, the due date for submittal of this information is 

June 1.

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 40 CFR 61, 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.
Page 61 of 77

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.

On the effective date of this permit, Ash Grove Cement Company, as reviewed, does not have

more than the threshold quantity of any regulated substance.

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 (Method 22) and potentially quantitative (Method 9)

visible emissions assessments to ensure compliance with opacity standards identified in the 

applicable requirements section of this permit.
Page 62 of 77

The person responsible for making qualitative (Method 22) 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 

person responsible for making quantitative opacity assessments must be certified to conduct 

Method 9 observations.

The records kept of visible emissions assessments shall include the specific requirements of Method

22 and/or Method 9 as required as well as any steps taken to correct any opacity standard 

exceedances, plus information required under the Testing, Monitoring, Record keeping, and

Reporting section of this permit.

The detection of visible emissions is not considered to be a deviation subject to reporting in

accordance with the Reporting of Deviations from Permit Terms portion of this permit.

Portland Cement MACT Visible Emissions Monitoring Plan (63.1350(a)(4)(i-vii))

(i) The facility must conduct a monthly 1 -minute visible emissions test of each affected (or 

listed) source in accordance with Method 22 of Appendix A to part 60. The test must be

conducted while the affected (or listed) source is in operation.

(ii) If no visible emissions are observed in six consecutive monthly tests for any affected (or 

listed) source, the owner or operator may decrease the frequency of testing from monthly to

semi-annually for that affected (or listed) source. If visible emissions are observed during 

any semi-annual test, the owner or operator must resume testing of that affected (or listed) 

source on a monthly basis and maintain that schedule until no visible emissions are observed

in six consecutive monthly tests.

(iii) If no visible emissions are observed during the semi-annual test for any affected (or listed) 

source, the owner or operator may decrease the frequency of testing from semi-annually to 

annually for that affected (or listed) source. If visible emissions are observed during any

annual test, the owner or operator must resume testing of that affected (or listed) source on a

monthly basis and maintain that schedule until no visible emissions are observed in six 

consecutive monthly tests.

(iv) If visible emissions are observed during any Method 22 test, the owner or operator must 

conduct a 6-minute test of opacity in accordance with Method 9 of appendix A to part 60 of 

this chapter. The Method 9 test must begin within one hour of the original Method 22 during

which visible emissions were observed.

(v) The requirement to conduct Method 22 visible emissions monitoring under this paragraph 

shall not apply to any totally enclosed conveying system transfer point, regardless of the 

location of the transfer point. “Totally enclosed conveying system transfer point” shall mean a 

conveying system transfer point that is enclosed on all sides, top and bottom.

(vi) If any partially enclosed or unenclosed conveying system transfer point is located in a 

building, the owner or operator of the portland cement plant shall have the option to 

conduct a Method 22 visible emissions monitoring test according to the requirements of

paragraphs (a)(4)(i) through (iv) of this section for each such conveying system transfer

point located within the building, or for the building itself (according to paragraph 

(a)(4)(vii) of this section.

(vii) If visible emissions from a building are monitored, the requirements of paragraphs (a)(4)(i) 

through (iv) of this section apply to the monitoring of the building, and you must also do the

following: Test visible emissions from each side, roof, and vent of the building for at least 1

minute. The test must be conducted under normal operating conditions.
Page 63 of 77

Non-MACT Sources - Visible Emissions Monitoring Plan (63.1350(a)(4)(i-vii))

(i) The facility must conduct a monthly 1-minute visible emissions test of each affected (or 

listed) source in accordance with Method 22 of Appendix A to part 60. The test must be

conducted while the affected (or listed) source is in operation.

(ii) If no visible emissions are observed in six consecutive monthly tests for any affected (or 

listed) source, the owner or operator may decrease the frequency of testing from monthly to

semi-annually for that affected (or listed) source. If visible emissions are observed during 

any semi-annual test, the owner or operator must resume testing of that affected (or listed)

source on a monthly basis and maintain that schedule until no visible emissions are observed

in six consecutive monthly tests.

(iii) If no visible emissions are observed during the semi-annual test for any affected (or listed) 

source, the owner or operator may decrease the frequency of testing from semi-annually to 

annually for that affected (or listed) source. If visible emissions are observed during any

annual test, the owner or operator must resume testing of that affected (or listed) source on a

monthly basis and maintain that schedule until no visible emissions are observed in six 

consecutive monthly tests.

(iv) If visible emissions are observed during any Method 22 test, the owner or operator must 

either conduct an additional 1-minute Method 22 within twenty-four hours with a result of 

“No visible emissions,” or conduct a 6-minute test of opacity in accordance with Method 9 

of appendix A to part 60 of this chapter. The Method 9 test must begin within twenty-four 

hours of the original, or follow-up (if conducted), Method 22 during which visible emissions

were observed, unless a follow-up Method 22 demonstrated no visible emission.

(v) The requirement to conduct Method 22 visible emissions monitoring under this paragraph 

shall not apply to any totally enclosed conveying system transfer point, regardless of the 

location of the transfer point. “Totally enclosed conveying system transfer point” shall mean a 

conveying system transfer point that is enclosed on all sides, top and bottom.

(vi) If any partially enclosed or unenclosed conveying system transfer point is located in a 

building, the owner or operator of the portland cement plant shall have the option to conduct 

a Method 22 visible emissions monitoring test according to the requirements of paragraphs 

(a)(4)(i) through (iv) of this section for each such conveying system transfer point located 

within the building, or for the building itself (according to paragraph (a)(4)(vii) of this section.

(vii) If visible emissions from a building are monitored, the requirements of paragraphs (a)(4)(i) 

through (iv) of this section apply to the monitoring of the building, and you must also do the

following: Test visible emissions from each side, roof, and vent of the building for at least 1

minute. The test must be conducted under normal operating conditions.

Emission Points with Very Low or Nonexistent Visible Emissions

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

demonstration due to potentially very low or nonexistent visible emissions. These may include:

Degreasing operations, painting operations which filter particulate emissions, non-heat set printing 
Page 64 of 77

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.

Sources specifically identified as being in this category are listed in Attachment D.

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 

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.
Page 65 of 77

Testing, Monitoring, Recordkeeping, & 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 on a calendar year basis.

The first report being due 30 days after each subsequent six month period for the duration of the 

permit (i.e. January 30

th and July 30th). 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 

duplicate 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.
Page 66 of 77

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 in K.A.R. 28-19-20, K.A.R. 28-19-30 through K.A.R. 28-19-32 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 ten 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 in K.A.R. 28-19-20, K.A.R. 28-19-30 through 

K.A.R. 28-19-32 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 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.

4. Permit Term and Renewal
Page 67 of 77

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. Any credible evidence may be used for the purpose of establishing noncompliance with an 

emission limit or standard. All permit terms and conditions are federally enforceable.

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 and Asbestos 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 July 22 of 

each year, beginning July 22, 2005 for the period June 22, 2004 through June 21, 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 a 

statement that the emission unit or stationary source shall continue to comply with all applicable 

requirements. 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 
Page 68 of 77

emissions attributable to the emergency. An emergency shall not include noncompliance to the 

extent caused by improperly designed equipment, lack of preventative maintenance, careless or 

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 

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
Page 69 of 77

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 that 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 that may be required by other federal, state, or

local government agencies.
Page 70 of 77

15. Submissions

All reports, notifications, information, and other correspondence concerning compliance issues

(including the 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) 296-1550

A copy of each Annual Certification Form CR-02 shall be submitted to:

Kansas Compliance Officer

Air Permitting and Compliance Branch

U.S. EPA, Region 7

901 North 5th Street

Kansas City, KS 66101

Any documents required to be submitted in accordance with this permit 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

Chanute, Kansas 66720

(620) 431-2390

All other correspondence concerning the permit itself shall be submitted to:

Air Construction/Operating Permits & Compliance Section

Kansas Department of Health and Environment 

Bureau of Air and Radiation

1000 SW Jackson, Suite 310 

Topeka, KS 66612-1366 

(785) 296-1570
Page 71 of 77

Permit Engineer

________________________________________________ _______________

Herbert Buckland Date Signed

Engineering Associate

Air Permitting Section

HB:saw

C: SEDO

O-6855 & O-6905
Attachment A

Site Diagram
Attachment B

List of Acronyms and Symbols
LIST OF ACRONYMS AND SYMBOLS

ACRONYM or SYMBOL DESCRIPTION

< less than

> greater than

acfm actual cubic feet per minute

AP-42 U.S. EPA publication of emission factors

BACT Best Available Control Technology

APCD Air Pollution Control Device

BAR Bureau of Air and Radiation

BTU British thermal unit

CAA Federal Clean Air Act

CAAA Clean Air Act Amendments of 1990

CAS Chemical Abstract Service

CDE Control Device Efficiency

CEM Continuous Emission Monitor

CFC Chlorofluorocarbon

cfm cubic feet per minute

CFR Code of Federal Regulations

CMS Continuous Monitoring System

CO Carbon Monoxide

COM Continuous Opacity Monitor

CTG Control Techniques Guideline

dscf dry standard cubic feet

dscm dry standard cubic meters

EG Emission Guideline

EPA Environmental Protection Agency

EU Emission Unit

FGR Flue Gas Recirculation

g gram
LIST OF ACRONYMS AND SYMBOLS

ACRONYM or SYMBOL DESCRIPTION

GOP General Operating Permit

gph gallons per hour

gpm gallons per minute

gr grains

HAP Hazardous Air Pollutant

HC Hydrocarbon

hp horsepower

KDHE Kansas Department of Health and Environment

HON Hazardous Organic NESHAP

IA Insignificant Activity

JCED Johnson County Environmental Department

K.A.R. Kansas Administrative Regulation

K.S.A Kansas Statutes Annotated

LAER Lowest Achievable Emission Rate

MACT Maximum Achievable Control Technology

MBTU Thousand Btu

Mg Mega grams

MMBTU Million Btu

MON Miscellaneous Organic NESHAP

MSDS Material Safety Data Sheet

MWC Municipal Waste Combustor

MWI Medical Waste Incinerator

NAAQS National Ambient Air Quality Standards

NCDO North Central District Office

NEDO Northeast District Office

NESHAP National Emission Standards for Hazardous Air Pollutants

NMOC Non-Methane Organic Compound

NOX Nitrogen Oxides
LIST OF ACRONYMS AND SYMBOLS

ACRONYM or SYMBOL DESCRIPTION

NOC Notification of Compliance

NSPS New Source Performance Standard

NSR New Source Review

NWDO Northwest District Office

OAQPS Office of Air Quality Planning and Standards

P2 Pollution Prevention

PAL Plant wide Applicability Limitation

PM Particulate Matter

PM10 PM with an aerodynamic diameter of less than or equal to 10 microns

PM2.5 PM with an aerodynamic diameter of less than or equal to 2.5 microns

PCD Pollution Control Device

ppmv parts per million, volumetric basis

ppmw parts per million, weight basis

PSD Prevention of Significant Deterioration

psia pounds per square inch, absolute

psig pounds per square inch, gage

PTE Potential to Emit

QA/QC plan Quality Assurance/Quality Control plan

RACT Reasonable Available Control Technology

RMP Risk Management Plan

SCDO South Central District Office

SCHA Shawnee County Health Agency

SEDO Southeast District Office

SIC Standard Industrial Classification

SIP State Implementation Plan

SOX Oxides of Sulfur

SOCMI Synthetic Organic Chemical Manufacturing Industry

SWDO Southwest District Office
LIST OF ACRONYMS AND SYMBOLS

ACRONYM or SYMBOL DESCRIPTION

TOC Total Organic Carbon

tph tons per hour

tpy tons per year

TRS Total Reduced Sulfur

TSDF Hazardous waste treatment, storage and disposal facilities

TSP Total Suspended Particulate

VOC Volatile Organic Compound

VOL Volatile Organic Liquid

WCHD Wyandotte County Health Department

WDF Waste Derived Fuel

W-SCDCH Wichita-Sedgwick County Department of Community Health