Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-512 - Class I operating permits; permit content

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The owner or
			 operator of a stationary source which is authorized to operate pursuant to a
			 class I operating permit shall assure that the stationary source operates in
			 compliance with the terms and conditions of the class I operating permit, which
			 shall include, but are not limited to:
(1)
			 emission limitations and standards, including those operational requirements
			 and limitations that assure compliance with all applicable requirements at the
			 time of permit issuance;
(2) all
			 applicable requirements for all relevant emissions units for a major source;
(3) all applicable requirements
			 applicable to emissions units that cause a non-major source to require a class
			 I operating permit;
(4) a
			 description of fugitive emissions in the same manner as stack emissions,
			 regardless of whether the source is a federally designated fugitive emissions
			 source;
(5) specification and
			 reference to the origin of and authority for each term or condition,
			 identifying any difference in form as compared to the applicable requirement
			 upon which the term or condition is based;
(6) where an applicable requirement of any
			 other title of the federal clean air act is more stringent than an applicable
			 requirement of regulations promulgated under title IV, acid deposition control,
			 of the federal clean air act, both provisions;
(7) where a permit contains an emission
			 limitation which is authorized by the state implementation plan and is an
			 alternative to an emission limitation contained in the state implementation
			 plan, provisions to ensure that any resulting emissions limitation has been
			 demonstrated to be quantifiable, enforceable, and based on replicable
			 procedures;
(8) specification of a
			 fixed term of the class I operating permit determined pursuant to K.A.R.
			 28-19-514;
(9) emissions
			 monitoring and related recordkeeping and reporting requirements, including;
(A) all emissions monitoring and analysis
			 procedures or test methods required under the applicable requirements,
			 including any procedures and methods adopted to comply with the requirements of
			 section 504(b), permit requirements and conditions, or section 114(a)(3),
			 enhanced monitoring and compliance certifications, of the federal clean air
			 act;
(B) periodic monitoring
			 sufficient to yield reliable data from the relevant time period that are
			 representative of the source's compliance with the permit, as reported pursuant
			 to paragraph (a)(8) of this regulation where the applicable requirement does
			 not require periodic testing or instrumental or non-instrumental monitoring,
			 which may consist of recordkeeping designed to serve as monitoring. The
			 monitoring requirements shall assure use of terms, test methods, units,
			 averaging periods, and other statistical conventions consistent with the
			 applicable requirement; and
(C) as
			 necessary, requirements concerning the use, maintenance, and, where
			 appropriate, installation of monitoring equipment or methods;
(10) applicable recordkeeping
			 requirements and required monitoring information, including:
(A) the date, place as defined in the permit,
			 and time of sampling or measurements of required monitoring information;
(B) the date or dates analyses
			 were performed;
(C) the company or
			 entity that performed the analyses;
(D) the analytical techniques or methods
			 used;
(E) the results of such
			 analyses;
(F) the operating
			 conditions as existing at the time of sampling or measurement; and
(G) the retention of records of all required
			 monitoring data and support information for a period of at least 5 years from
			 the date of the monitoring sample, measurement, report, or application. Support
			 information shall include all calibration and maintenance records and all
			 original strip-chart recordings for continuous monitoring instrumentation, and
			 copies of all reports required by the permit;
(11) applicable reporting requirements,
			 including:
(A) submittal of reports of any
			 required monitoring at least every 6 months. All instances of deviations from
			 permit requirements shall be clearly identified in such reports. All required
			 reports shall be certified by a responsible official consistent with K.A.R.
			 28-19-511(e); and
(B) as specified
			 in the permit, prompt reporting of deviations from permit requirements,
			 including those attributable to upset conditions as defined in the permit, the
			 probable cause of such deviations, and any corrective actions or preventive
			 measures taken;
(12)
			 conditions prohibiting emissions exceeding any allowances that the emissions
			 unit or stationary source lawfully holds under title IV, acid deposition
			 control, of the federal clean air act or the regulations promulgated
			 thereunder.
(A) A permit revision shall not
			 be required for increases in emissions that are authorized by allowances
			 acquired pursuant to title IV, acid deposition control, of the federal clean
			 air act, provided that such increases do not require a permit revision under
			 any other applicable requirement.
(B) A limit shall not be placed on the number
			 of allowances held by the emissions unit or stationary source. The emissions
			 unit or stationary source shall not, however, use allowances as a defense to
			 noncompliance with any other applicable requirement.
(C) Any allowance shall be accounted for
			 according to the procedures established in regulations promulgated under title
			 IV, acid deposition control, of the federal clean air act;
(13) a severability clause to
			 ensure the continued validity of the various permit requirements in the event
			 of a challenge to any portion of the permit;
(14) provisions stating that:
(A) the permittee must comply with all
			 conditions of the permit. 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;
(B) it shall not be a defense for
			 a permittee in an enforcement action that it would have been necessary to halt
			 or reduce the permitted activity in order to maintain compliance with the
			 conditions of the permit;
(C) the
			 permit may be modified, revoked, reopened and reissued, or terminated for
			 cause. An action for a permit modification or amendment, or of a notification
			 of planned changes or anticipated noncompliance shall not stay any permit
			 condition;
(D) the permit shall
			 not convey any property rights of any sort, or any exclusive privilege; and
(E) the permittee shall furnish to
			 the department, within a reasonable time, any information that the department
			 may request in writing to determine whether cause exists for amending or
			 revoking the permit or to determine compliance with the permit. Upon request,
			 the permittee shall also furnish to the department copies of records required
			 to be kept by the permit;
(15) a provision to ensure that the owner or
			 operator of a permitted emissions unit or stationary source pays fees to the
			 permitting authority consistent with the fee schedule set out in these
			 regulations;
(16) a provision
			 stating that 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;
(17) terms and
			 conditions for reasonably anticipated operating scenarios identified by the
			 owner or operator of the emissions unit or stationary source in its application
			 as approved by the department. The terms and conditions:
(A) shall require the source,
			 contemporaneously with making a change from one operating scenario to another,
			 to record in a log at the permitted facility a record of the scenario under
			 which it is operating;
(B) may
			 extend the permit shield described in paragraph (b) of this regulation to all
			 terms and conditions under each such operating scenario; and
(C) shall ensure that the terms and
			 conditions of each such alternative scenario meet all applicable requirements
			 and the requirements of this part;
(18) terms and conditions, if the permit
			 applicant requests them, for the trading of emissions increases and decreases
			 in the permitted facility, to the extent that the applicable requirements
			 provide for such trading without a case-by-case approval of each emissions
			 trade. The source shall provide the department and the USEPA with written
			 notice at least seven days in advance of any proposed change within the source
			 stating when the change will occur, the changes in emissions that will result,
			 and how the emissions decreases or increases will comply with the terms and
			 conditions of the permit. The terms and conditions:
(A) shall include all terms required under
			 subsection (a) of this regulation to determine compliance;
(B) may extend the permit shield described in
			 paragraph (b) of this regulation to all terms and conditions that allow such
			 increases and decreases in emissions; and
(C) shall meet all applicable requirements
			 and requirements of the Kansas air quality regulations;
(19) provisions that designate as not being
			 federally enforceable under the federal clean air act any terms and conditions
			 included in the permit that are not required under the federal clean air act or
			 under any of its applicable requirements;
(20) a statement of all federally enforceable
			 permit restrictions;
(21)
			 consistent with other relevant subsections of this regulation, certification,
			 testing, monitoring, reporting, and recordkeeping requirements sufficient to
			 assure compliance with the terms and conditions of the permit. Any document,
			 including reports, required by the permit shall contain a certification by a
			 responsible official that meets the requirements of K.A.R. 28-19-511(e);
(22) inspection and entry
			 requirements that require that, upon presentation of credentials and other
			 documents as may be required by law, the permittee shall allow the department
			 or an authorized representative to:
(A) enter
			 upon the permittee's premises where the emissions unit or stationary source is
			 located or emissions-related activity is conducted, or where records shall be
			 kept under the conditions of the permit;
(B) have access to and copy, at reasonable
			 times, any records that shall be kept under the conditions of the permit;
(C) inspect at reasonable times
			 any facilities, equipment including monitoring and air pollution control
			 equipment, practices, or operations regulated or required under the permit; 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;
(23) a
			 schedule of compliance consistent with the requirements of K.A.R.
			 28-19-511(b)(16)(C);
(24) progress
			 reports consistent with any applicable schedule of compliance established
			 pursuant to K.A.R. 28-19-511(b)(16)(D) to be submitted at least semiannually,
			 or at a more frequent period if specified in the applicable requirement or by
			 the permitting authority. The progress reports shall contain the following:
(A) dates for achieving the activities,
			 milestones, or compliance required in the schedule of compliance, and dates
			 when such activities, milestones or compliance were achieved; and
(B) an explanation of why any dates in the
			 schedule of compliance were not or will not be met, and any preventive or
			 corrective measures adopted;
(25) requirements for compliance
			 certification with the terms and conditions contained in the permit, including:
(A) emission limitations, standards or work
			 practices, and risk management plan implementation; and
(B) a means of monitoring the compliance of
			 the emissions unit or stationary source with its emissions limitations,
			 standards, and work practices in accordance with the relevant provisions of
			 this regulation;
(26)
			 requirements to submit compliance certifications annually or more frequently as
			 specified in the applicable requirement or by the department, which shall
			 include the following:
(A) the identification
			 of each term or condition of the permit that is the basis of the certification;
(B) the compliance status;
(C) whether compliance was
			 continuous or intermittent;
(D)
			 the method or methods used for determining the compliance status of the
			 emissions unit or stationary source, currently and over the reporting period,
			 consistent with relevant provisions of this regulation; and
(E) other facts as the department may require
			 to determine the compliance status of the source;
(27) a requirement that all compliance
			 certifications be submitted to the USEPA as well as to the department;
(28) a requirement for additional
			 monitoring as may be required by the federal clean air act; and
(29) other provisions as the department deems
			 necessary to accomplish the purposes of the Kansas air quality act.