reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-16b - Permit required

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) A major
			 stationary source shall not begin actual construction, or major modification
			 unless the owner or operator of the source has been issued a permit approving
			 this activity. The permit shall be signed by the secretary or an authorized
			 representative of the secretary and shall specify the emission rate limitations
			 allowable for the source and any special conditions to be imposed on its
			 operation to insure regulatory compliance. Special operating conditions may
			 include, but need not be limited to, specified periods of operation,
			 restrictions on the amount and types of material to be combusted, stored or
			 processed, control equipment operating and maintenance requirements, emissions
			 monitoring requirements, and restrictions on other source operations.
(b) Application for a permit shall
			 be submitted on forms provided by the secretary or his or her designated
			 representative. The application shall include, in addition to that information
			 required by K.A.R. 28-19-8(a), the information that is required by the
			 secretary to determine the net emissions increase that will occur at the time
			 that the permitted activity is completed. All proposed actions reported under
			 the provisions of K.A.R. 28-19-8 shall be reviewed by the secretary to
			 determine the possible applicability of this regulation to the proposed action
			 and advise the source owner or operator of any need to submit a permit
			 application. The secretary or a designated representative shall advise the
			 applicant of each deficiency in the application or accompanying information. If
			 a deficiency exists, the receipt date of the completed application shall be the
			 date on which the department of health and environment or its designated
			 representative received all required information.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-16c - Creditable emission reductions

Current through Register Vol. 43, No. 28, July 11,
			 2024
For the purpose of allowing credit for emissions reductions
				claimed in relation to the determination of reasonable further progress toward
				attainment of the national ambient air quality standards required under the
				provisions of
				K.A.R.
				28-19-16g, the following additional
				requirements shall apply:
(a) If an
			 existing fuel combustion source commits to switch, at some future date, to a
			 fuel that emits less pollutants, emissions offset credit based upon allowable
			 (or actual) emissions for the fuels involved shall not be allowed unless the
			 source that has committed to the fuel switch has also committed to the use of a
			 specified alternative control measure which would achieve the same degree of
			 emissions reduction should the source switch back, at some later date, to a
			 fuel that emits more pollutants. Before the offset credits are given for these
			 proposed fuel switches, the secretary shall ensure that adequate long term
			 supplies of the new fuel are available.
(b) Where emission reduction credits are
			 proposed to result from a shutdown of an existing source or permanently
			 curtailing production or operating hours below baseline levels, these
			 reductions shall not be credited unless the work force to be affected by this
			 action has been notified of the proposed shutdown or curtailment. Source
			 shutdowns or curtailments in production occurring before the completed source
			 application is received by the department of health and environment or its
			 designated representative may not be used for the purpose of establishing
			 offset credits unless the applicant has demonstrated that this curtailment or
			 shutdown occurred after August 7, 1977, and the proposed new source
			 construction, reconstruction or modification is a replacement for the shutdown
			 or curtailment that is proposed to be used to offset the emissions from it.
(c) Emissions reduction credit
			 shall not be allowed for replacing one volatile organic compound with another
			 of less reactivity, except for those compounds listed in Table 1 of the
			 "Recommended Policy on Control of Volatile Organic Compounds" as published on
			 page 35314 of the July 8, 1977 issue of the Federal Register.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-16d - Fugitive emission exemption

Current through Register Vol. 43, No. 28, July 11,
			 2024
The provisions of
				K.A.R.
				28-19-16b shall not apply to a source or
				modification of a source that would be a major stationary source or major
				modification only if fugitive emissions, to the extent quantifiable, are
				considered in calculating the potential to emit of the source or modification,
				except for the following source categories:
(a) Coal cleaning plants (with thermal
			 dryers);
(b) kraft pulp mills;
(c) portland cement plants;
(d) primary zinc smelters;
(e) iron and steel mills;
(f) primary aluminum ore reduction
			 plants;
(g) primary copper
			 smelters;
(h) municipal
			 incinerators capable of charging more than two hundred and fifty (250) tons of
			 refuse per day;
(i) hydrofluoric,
			 sulfuric, or nitric acid plants;
(j) petroleum refineries;
(k) lime plants;
(l) phosphate rock processing plants;
(m) coke oven batteries;
(n) sulfur recovery plants;
(o) carbon black plants (furnace
			 process);
(p) primary lead
			 smelters;
(q) fuel conversion
			 plants;
(r) sintering plants;
(s) secondary metal production
			 plants;
(t) chemical process
			 plants;
(u) fossil-fuel boilers
			 (or combinations thereof) totaling more than 250,000,000 British thermal units
			 per hour heat input;
(v) petroleum
			 storage and transfer units with a total storage capacity exceeding 300,000
			 barrels;
(w) taconite ore
			 processing plants;
(x) glass fiber
			 processing plants;
(y) charcoal
			 production plants;
(z) fossil
			 fuel-fired steam electric plants of more than 250,000,000 British thermal units
			 per hour heat input; and
(aa) any
			 other stationary source category which, as of August 7, 1980, was being
			 regulated under Section 111 or 112 of the federal Clean Air Act (42 U.S.C. 7411
			 and 7412).
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-16e - Relaxation of existing emission limitations

Current through Register Vol. 43, No. 28, July 11,
			 2024
At such time as any individual source or modification becomes a
				major source subject to the provisions of
				K.A.R.
				28-19-16b solely by virtue of a relaxation in
				any enforcement limitation which was established after August 7, 1980, on the
				capacity of the source or modification otherwise to emit a pollutant, such as a
				restriction on the hours of operation, then the requirements of
				K.A.R.
				28-19-16 through
				28-19-16m shall become applicable
				to the source or modification as though construction had not yet commenced on
				the source or modification.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-16f - New source emission limits

Current through Register Vol. 43, No. 28, July 11,
			 2024
A permit for major stationary source construction, or major
				modification shall not be issued under the provisions of
				K.A.R.
				28-19-16b unless the emissions resulting from
				this permitted activity are limited to the lowest achievable emission rate that
				has been established for the constructed or modified source. For phased
				construction projects, the determination of lowest achievable emission rate
				shall be reviewed by the secretary, and modified as appropriate, at the latest
				reasonable time prior to commencement of construction of each independent phase
				of the proposed construction or modification. Final determination of compliance
				with lowest achievable emission rate requirements shall be made by the
				secretary.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-16g - Attainment and maintenance of national ambient air quality standards

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) A permit for
			 major stationary source construction, or modification, shall not be issued
			 under the provisions of K.A.R. 28-19-16b if emissions from this source would
			 prevent the attainment and maintenance of the national ambient air quality
			 standards by the date specified in the approved Kansas implementation plan.
(b) Attainment and maintenance of
			 the national ambient air quality standards shall be determined according to
			 compliance with either of the two following requirements:
(1) Reasonable further progress toward
			 attainment of the national ambient air quality standards shall be required.
			 This progress shall be demonstrated when, by the time the newly permitted
			 source is to commence operation, total allowable emissions from:
(A) other existing sources in the identified
			 nonattainment area;
(B) other new
			 or modified sources which are not major stationary sources; and
(C) this proposed source shall be less than
			 the total emissions allowed from sources existing before application for the
			 permit.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-16h - Compliance of other sources

Current through Register Vol. 43, No. 28, July 11,
			 2024
A permit for major stationary source construction or major
				modification shall not be issued under the provisions of
				K.A.R.
				28-19-16b unless the owner or operator of
				this source has demonstrated to the secretary that all major stationary sources
				owned and operated by this person (or by an entity controlling, controlled by,
				or under common control of this person) in the state of Kansas are subject to
				emission limitations and are in compliance, or on a schedule for compliance,
				with all applicable emission limitations and standards under the federal clean
				air act and amendments thereto.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-16i - Operating requirements

Current through Register Vol. 43, No. 28, July 11,
			 2024
A constructed or modified major stationary source subject to
				the provisions of
				K.A.R.
				28-19-16b shall not be operated, except in
				compliance with the requirements established by the permit issued for the
				source. Each permitted physical change in a source that is intended to serve as
				a replacement unit, and which requires a shakedown period before it can be
				expected to operate at maximum efficiency, shall be considered operational only
				after completion of this period, provided that this period shall not exceed 180
				days.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-16j - Revocation and suspension of permit

Current through Register Vol. 43, No. 28, July 11,
			 2024
Any permit issued under the provisions of
				K.A.R.
				28-19-16b may be suspended or revoked by the
				secretary upon his or her findings that the owner or operator of such source
				has failed to comply with any requirement specified in the permit.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-16k - Notification requirements

Current through Register Vol. 43, No. 28, July 11,
			 2024
A permit shall not be issued, suspended or revoked under the
				provisions of
				K.A.R.
				28-19-16b or
				28-19-16j unless provision has
				been made for a public hearing on the matter upon the written request of any
				person affected by such proposed action. Such request shall be made within
				thirty (30) days of:
(a) publication
			 of notice in a newspaper, having general circulation in the nonattainment area
			 in which the source is, or will be, located, indicating the nature of the
			 proposal and advising the public of the opportunity to either request a hearing
			 or submit written comments directly to the secretary concerning the proposal;
(b) sending a copy of the public
			 notice to the applicant and to state and local officials and agencies having
			 cognizance over the location where the proposed actions will occur or emissions
			 from it could significantly contribute to levels of air pollution in excess of
			 the national ambient air quality standards; and
(c) sending a copy of the public notice to
			 the regional administrator of the U.S. Environmental Protection Agency.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-16l - Failure to construct

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each permit issued for the construction or major modification
				of a major stationary source under the provisions of
				K.A.R.
				28-19-16b shall become void if the
				construction has not commenced within 18 months after the applicant's receipt
				of such permit or if such construction is discontinued for 18 months or more.
				The secretary may extend the eighteen (18) month period upon a satisfactory
				showing that an extension is justified. This provision does not apply to the
				time period between construction of the approved phases of a phased
				construction project, in which case the construction shall be commenced on each
				phase within eighteen (18) months of the projected and approved commencement
				date.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-16m - Compliance with provisions of law required

Current through Register Vol. 43, No. 28, July 11,
			 2024
Any approval of a permit under the provisions of
				K.A.R.
				28-19-16b shall not relieve any source owner
				or operator of the responsibility to comply fully with any other requirements
				of state, federal, or local law.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-17 - Prevention of significant deterioration of air quality; cross-reference

Current through Register Vol. 43, No. 28, July 11,
			 2024
Each reference in this article to
				K.A.R.
				28-19-17 through K.A.R. 28-19-17q,
				individually or collectively, shall be interpreted to refer to
				K.A.R.
				28-19-350.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-18 - Stack heights

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The degree of
			 emission limitation required of any source for control of any air pollutant
			 must not be affected by the portion of any source's stack height that exceeds
			 good engineering practice or any other dispersion technique. The provision of
			 these regulations shall not apply to stack heights in existence or dispersion
			 techniques implemented on or before December 31, 1970, except where pollutants
			 are being emitted from those stacks or using those dispersion techniques by
			 sources as defined in these regulations, which were constructed or
			 reconstructed or for which major modifications, as defined in the Kansas state
			 implementation plan, were carried out after December 31, 1970.
(b) Good engineering practice for a stack
			 height shall be determined in accordance with the provisions of K.A.R.
			 28-19-18a through 28-19-18f.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-18a - Stack height credit

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The stack
			 height credit to be used in ambient air quality modeling that calculates the
			 air quality impact of a source, for the purpose of meeting an applicable
			 national ambient air quality standard or determining compliance with the
			 provisions of K.A.R. 28-19-17e pertaining to an applicable maximum allowable
			 increase, shall be the actual stack height unless this height exceeds the good
			 engineering practice stack height determined by procedures prescribed by K.A.R.
			 28-19-18c. In this case, the allowable good engineering practice stack height
			 value shall be used for the modeling.
(b) The requirements of this regulation shall
			 not apply to any stack height that was in existence, or dispersion techniques
			 implemented on or before December 31, 1970.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-18c - Methods for determining good engineering practice stack height

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The minimum
			 good engineering practice stack height value allowable for any source,
			 regardless of size or location of any structures or terrain features, shall be
			 65 meters.
(b)
(1) Except as provided in subsection (c) of
			 this regulation, the maximum good engineering practice stack height value
			 allowable for any source shall be determined using one of the following
			 mathematical formulas:
(A) for stacks that
			 were in existence on January 12, 1979 and provided that the owner or operator
			 presents evidence that this equation was relied upon when establishing an
			 emission limit:
Hg = 2.5H
(B) for stacks constructed after January 12,
			 1979 and provided that the owner or operator, at the department's request,
			 presents evidence through a field study or fluid modeling to verify that the
			 height arrived at by the following formula is valid:
Hg = H + 1.5L
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-18d - Fluid modeling

Current through Register Vol. 43, No. 28, July 11,
			 2024
In conducting a fluid modeling study, required by
				K.A.R.
				28-19-18c(c), the guidelines
				and procedures described in the following referenced publications shall be
				used. These publications are adopted by reference:
(a) EPA-450/4-81-003. Guideline for use of
			 fluid modeling to determine good engineering practice stack height, as
			 published in July 1981;
(b)
			 EPA-450/4-80-023. Guideline for determination of good engineering practice
			 stack height, as published in July 1981; and
(c) EPA-600/8-81-009. Guideline for fluid
			 modeling of atmospheric diffusion, as published in April 1981.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-18f - Notification requirements

Current through Register Vol. 43, No. 28, July 11,
			 2024
A source shall not obtain credit for a good engineering
				practice stack height determined by a fluid modeling or field study or based on
				allowances for plume impaction, as provided for by
				K.A.R.
				28-19-18c(c) unless:
(a) A public notice that indicates the nature
			 of the proposal, the availability of the demonstration study, and that the
			 public may either request a hearing or submit written comments directly to the
			 secretary concerning the proposal is published in a newspaper having general
			 circulation in the area in which the source is, or will be, located;
(b) a copy of the public notice that is
			 provided for by subsection (a) is sent to the applicant, state and local
			 officials, and the regional administrator of U.S. environmental protection
			 agency; and
(c) a public hearing
			 is held on the matter upon the written request of any person affected by the
			 proposed action. This request shall be made within 30 days of the date of
			 notice being provided in the manner prescribed by subsections (a) and (b) of
			 this regulation.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-19 - Continuous emission monitoring

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) All sources
			 subject to the provisions of this regulation shall install, test and
			 continuously operate a continuous emission monitoring system or systems (CEMS)
			 and comply with data reduction requirements of the department and reporting,
			 record keeping and quality assurance requirements established by this
			 regulation. For any emission unit subject to this regulation, CEMS data which
			 shows emissions in excess of an applicable emission limitation or standard
			 shall be evidence that the emission unit is in noncompliance with the emission
			 limitation or standard.
(b)
			 Emission units exempt from the provisions of this regulation include:
(1) Those which have been required to install
			 CEMS under provisions of K.A.R. 28-19-83; and
(2) fossil-fuel fired steam generators whose
			 annual capacity factor, as reported to the federal power commission, is limited
			 by permit condition under K.A.R. 28-19-14 to be less than 30 percent. If, upon
			 application by the source owner or operator, the department approves removal of
			 the capacity factor restriction, the appropriate CEMS shall be installed and
			 operational within six months of the date that the department approved the
			 restriction removal.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-21 - Additional emission restrictions

Current through Register Vol. 43, No. 28, July 11,
			 2024
If particulate matter emissions, because of their chemical
				and/or physical nature, require emission rates lower than those provided for in
				K.A.R.
				28-19-20, the person responsible for the
				emission shall be notified by the department, in writing, of the reasons for
				lower emission rate restrictions for an existing or proposed contaminant
				emission and specify an alternate emission rate that shall not be exceeded.
				Such notification shall be an order as provided for in
				K.S.A.
				65-3011 and subject to administrative and
				legal procedures.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-23 - Hydrocarbon emissions stationary sources

Current through Register Vol. 43, No. 28, July 11,
			 2024
(A) No person shall
			 place, store, or hold in any stationary tank reservoir or other container of
			 more than 40,000 gallons capacity any gasoline or any petroleum distillate
			 having a vapor pressure of 3.0 pounds per square inch, absolute, or greater
			 under actual storage conditions unless such tank, reservoir, or other container
			 is a pressure tank capable of maintaining working pressures sufficient to
			 prevent vapor or gas loss to the atmosphere or is designed, and equipped with
			 one of the following vapor loss control devices:
(1) A floating roof, such as a pontoon type,
			 double deck type roof or internal floating cover, which will rest on the
			 surface of the liquid contents and be equipped with a closure seal or seals to
			 close the space between the roof edge and tank wall. This control equipment
			 shall not be permitted if the gasoline or petroleum distillate has a vapor
			 pressure of 13.0 pounds per square inch absolute or greater under actual
			 storage conditions. All tank gauging or sampling devices shall be gas-tight
			 except when tank gauging or sampling is taking place.
(2) A vapor recovery system, consisting of a
			 vapor gathering system capable of collecting the volatile organic compound
			 vapors and gases discharged and a vapor disposal system capable of processing
			 such volatile organic vapors and gases so as to prevent their emission to the
			 atmosphere and with all tank gauging and sampling devices gas-tight except when
			 gauging or sampling is taking place.
(3) Other equipment or means of equal
			 efficiency for purposes of air pollution control as may be approved by the
			 department.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-24 - Control of carbon monoxide emissions

Current through Register Vol. 43, No. 28, July 11,
			 2024
(A) No person shall
			 cause or permit the emission of carbon monoxide gases generated during the
			 operation of a grey iron cupola unless they are burned at 1300° F for 0.3
			 seconds or greater in a direct-flame afterburner or equivalent device as
			 approved by the director.
(B) No
			 person shall emit carbon monoxide waste gas stream from any catalyst
			 regeneration of a petroleum cracking system, petroleum fluid coker, or other
			 petroleum process into the atmosphere, unless the waste gas stream is burned at
			 1300°F for 0.3 seconds or greater in a direct-flame afterburner or
			 equivalent device as approved by the director.
(C) Installations and equipment existing on
			 January 1, 1972, shall be exempt from the provisions of this regulation.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-26 - Sulfuric acid mist emissions

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) As used in this
			 regulation, "sulfuric acid production unit" means a unit producing sulfuric
			 acid through the contact process by burning elemental sulfur, alkylation acid,
			 hydrogen sulfide, organic sulfides and mercaptans, or acid sludge. Sulfuric
			 acid production units shall not include units in which the conversion to
			 sulfuric acid is used primarily to prevent emissions to the atmosphere of
			 sulfur dioxide or other sulfur compounds.
(b) No person shall cause or permit any gases
			 which contain sulfuric acid mist (H2SO4) in excess of 0.5 pounds of acid mist
			 per ton of acid produced to be released into the atmosphere from a sulfuric
			 acid production unit. In calculating the amount of acid produced, the acid
			 production shall be expressed as 100% H2SO4.
(c) Reference Method 8 of Appendix A to 40
			 CFR Part 60, as in effect on August 18, 1977, is adopted by reference and shall
			 be used for determining compliance with subsection (b) of this regulation.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-30 - General provisions

Current through Register Vol. 43, No. 28, July 11,
			 2024
(A) 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 direct contact with process materials. Fuels
			 include those such as coal, coke, lignite, coke breeze, gas, fuel oil, and
			 wood, but do not include refuse. When any products or by-products of a
			 manufacturing process are burned for the same purpose or in conjunction with
			 any fuel, the same maximum emission limitations shall apply.
(B) The heat content of coal shall be
			 determined according to ASTM method D-271-64 "laboratory sampling and analysis
			 of coal and coke" or ASTM method D-2015-66 "gross calorific value of solid fuel
			 by the adiabatic bomb calorimeter," their replacements or other recognized
			 method as approved by the department. The heat content of oil shall be
			 determined according to ASTM method D-240-64 "heat of combustion of liquid
			 hydrocarbons by bomb calorimeter," or by its replacement, or other recognized
			 method as approved by the department.
(C) For purposes of this regulation the heat
			 input shall be the aggregate heat content of all fuels whose products of
			 combustion pass through a stack or stacks. The heat input value used shall be
			 the equipment manufacturer's or designer's guaranteed maximum input, whichever
			 is greater. The total heat input of all fuel burning units at a plant or on a
			 premise shall be used for determining the maximum allowable amount of
			 particulate matter which may be emitted.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-31 - Emission limitations

Current through Register Vol. 43, No. 28, July 11,
			 2024
Subject to the provisions of regulations 28-19-9 and 28-19-11:
(a) A person shall not cause or
			 permit the emission of particulate matter exceeding the specifications in table
			 H-1 of this regulation.
TABLE H-1 Emission Limits for Indirect Heating Equipment
For Table see Agency.
(b) A person shall not cause or permit
			 visible contaminant emissions from any indirect heating equipment which equals
			 or exceeds the following opacities:
(1)
			 Existing equipment: 40 percent opacity;
(2) New equipment: 20 percent opacity.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-32 - Exemptions indirect heating equipment

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Visible
			 contaminant emissions of an opacity exceeding that allowed in K.A.R.
			 28-19-31(b) shall not be considered a violation of that section provided that
			 the person responsible for operation of the indirect heating equipment
			 demonstrates to the satisfaction of the department that this excessive opacity
			 is solely the result of the presence of uncombined water in the plume.
(b) Indirect heating equipment
			 which was existing on January 1, 1972, shall be exempt from the provisions of
			 K.A.R. 28-19-31(d) and K.A.R. 28-19-31(e).
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-40 - General provisions

Current through Register Vol. 43, No. 28, July 11,
			 2024
(A) These
			 regulations shall apply to all incinerators and modified open burning
			 operations except those situated on residential premises containing five (5) or
			 less dwelling units and used exclusively for the disposal of waste originating
			 from normal habitation of said dwellings.
(B) The burning capacity of an incinerator
			 shall be the manufacturer's or designer's guaranteed maximum rate or such other
			 rate as may be determined by the department in accordance with good engineering
			 practice. In case of conflict, the findings of the department shall govern.
(C) No incinerator shall be used
			 for the burning of wastes or the conducting of salvage operations unless such
			 incinerator is a multiple chamber incinerator. For the purpose of this
			 regulation a multiple chamber incinerator is defined as an incinerator
			 consisting of three or more refractory lined combustion furnaces in series,
			 physically separated by refractory walls, interconnected by gas passage ports
			 or ducts and employing adequate design parameters necessary for maximum
			 combustion of the material to be burned.
Existing incinerators which are not multiple chamber
				incinerators may be altered, modified or rebuilt as may be necessary to meet
				this requirement. The department may approve any other alteration or
				modification to an existing incinerator if such is found to be equally
				effective for the purpose of air pollution control as a modification or
				alteration which would result in a multiple chamber incinerator.
All new incinerators shall be multiple chamber incinerators,
				provided that the department shall approve any other kind of incinerator if it
				can be shown in advance of construction or installation that such other kind of
				incinerator is equally effective for purposes of air pollution control as an
				approved multiple chamber incinerator.
(D) Instructions for proper operation of each
			 incinerator, including charging procedures, necessary air intake and damper
			 adjustments, use of auxiliary burners, etc., shall be conspicuously posted, and
			 maintained, at the incinerator location. In addition, all new incinerators, or
			 incinerators remodeled to conform with these regulations shall have a plate
			 designating the rated capacity of the incinerator and any auxiliary burners,
			 permanently affixed to the incinerator.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-41 - Restriction of emission

Current through Register Vol. 43, No. 28, July 11,
			 2024
Subject to the provisions of regulations 28-19-9 and 28-19-11:
(A) No person may cause or permit the
			 emission of particulate matter from any chimney stack or vent of any
			 incinerator in excess of the following:
(1)
			 Incinerators with a waste burning capacity of less than 200 pounds per hour:
			 0.3 grains of particulate matter per standard dry cubic foot of exhaust gas,
			 corrected to twelve percent (12%) carbon dioxide.
(2) Incinerators with a waste burning
			 capacity of 200 to 20,000 pounds of waste per hour: 0.2 grains of particulate
			 matter per standard dry cubic foot of exhaust gas, corrected to twelve percent
			 (12%) carbon dioxide.
(3)
			 Incinerators with a waste burning capacity in excess of 20,000 pounds of waste
			 per hour: 0.1 grains of particulate matter per standard dry cubic foot of
			 exhaust gas, corrected to twelve percent (12%) carbon dioxide.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-42 - Performance testing

Current through Register Vol. 43, No. 28, July 11,
			 2024
(A) Waste burned in
			 conjunction with the performance tests specified in this regulation shall be a
			 representative sample of the refuse normally generated by the operation which
			 the incinerator is intended to serve.
(B) In calculating the amount of particulate
			 matter in stack gas, the loading shall be adjusted to twelve percent (12%)
			 carbon dioxide in the stack gas. The exhaust gases produced in the burning of
			 the liquid or gaseous fuel in the incinerator shall be excluded from the
			 calculation to twelve percent (12%) carbon dioxide. Emissions shall be measured
			 when the incinerator is operating at the burning capacity as defined in
			 regulation 28-19-40 (B) of this regulation.
(C) A performance test to determine
			 compliance with the opacity requirements specified in regulation 28-19-41 (B)
			 of these regulations shall be performed by the department on each new
			 incinerator, and each existing incinerator modified or rebuilt to conform with
			 this regulation.
(D) The
			 performance test specified in section B of this regulation may be required on
			 any incinerator. The initial performance test shall be performed at the expense
			 of the vendor or operator by an independent testing organization or by any
			 other qualified person subject to the approval of the department. The
			 performance test may be observed by the department or its designated
			 representative.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-43 - Exceptions

Current through Register Vol. 43, No. 28, July 11,
			 2024
(A) Visible
			 contaminant emissions of an opacity exceeding that allowed in regulation
			 28-19-41 (B) of this regulation shall not be considered a violation of that
			 section provided that the person responsible for operation of the incinerator
			 demonstrates to the satisfaction of the department that such failure to comply
			 is solely the result of the presence of uncombined water in the plume.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-55 - General provisions

Current through Register Vol. 43, No. 28, July 11,
			 2024
(A) These episode
			 regulations are designed to prevent the excessive buildup of air contaminants
			 during air pollution episodes, thereby preventing the occurrence of an
			 emergency due to the effects of these contaminants on the public health. Any
			 other provisions of the air pollution control regulations notwithstanding, they
			 shall apply to all emission sources and premises located in any geographic area
			 for which an air pollution emergency status has been established by the
			 director in accordance with regulation 28-19-56.
(B) For the purposes of this regulation the
			 following definition will apply: Soiling index shall be presumed to mean the
			 concentration of particulates as measured by the automatic paper-tape sampler
			 method, "ASTM standard method of test for particulate matter in the atmosphere,
			 optical density of filtered deposit, D-1704-61" expressed as coefficient of
			 haze (COH) per 1000 lineal feet.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-56 - Episode criteria

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Conditions
			 justifying the proclamation of an air pollution alert, air pollution warning,
			 or air pollution emergency shall exist whenever the director determines that
			 the accumulation of air contaminants at any sampling location has attained
			 levels which could, if such levels are sustained or exceeded, threaten the
			 public health. In making this determination, the following criteria shall guide
			 the director:
(1) An air pollution forecast,
			 which is the issuance of a weather bureau high pollution potential advisory, or
			 equivalent indication by any local weather bureau meteorologist that a stagnant
			 atmospheric condition will exist for 36 consecutive hours.
(2) An air pollution alert, where the average
			 sulphur dioxide level for the previous 24 consecutive hours equals 0.3 ppm (800
			 ug/m3 or the PM10 level for the previous 24 consecutive hours equals 350 ug/m3,
			 or the average carbon monoxide level for the previous eight consecutive hours
			 equals 15 ppm, or the average ozone level for the preceding one hour equals 0.1
			 ppm, or the average nitrogen dioxide concentration for the preceding one hour
			 equals 0.6 ppm, or the average nitrogen dioxide concentration for the preceding
			 24 consecutive hours equals 0.15 ppm, and the local meteorologist predicts no
			 major changes in existing adverse meteorological conditions for at least an
			 additional 12 hours.
(3) Air
			 pollution warnings, where the average sulphur dioxide level for the previous 24
			 consecutive hours equals 0.60 ppm, (1600 ug/m3), or the PM10 level for the
			 previous 24 consecutive hours equals 420 ug/m3, or the average carbon monoxide
			 level for the previous eight consecutive hours equals 30 ppm, or the average
			 ozone level for the previous one hour equals 0.4 ppm, or the average nitrogen
			 dioxide concentration for the previous one hour equals 1.2 ppm, or the average
			 nitrogen dioxide concentration for the previous 24 consecutive hours equals 0.3
			 ppm, and the local meteorologist predicts no major changes in existing adverse
			 meteorological conditions for the next 12 hours.
(4) An air pollution emergency, where the
			 average sulphur dioxide level for the previous 24 consecutive hours equals 0.8
			 ppm (2100 ug/m3), or the PM10 level for the previous 24 consecutive hours
			 equals 500 ug/m3, or the average ozone level for the previous one hour equals
			 0.5 ppm, or the average carbon monoxide level for the previous eight
			 consecutive hours equals 40 ppm, or the average nitrogen dioxide concentration
			 for the previous one hour equals 1.6 ppm or the average nitrogen dioxide
			 concentration for the previous 24 consecutive hours equals 0.4 ppm, and the
			 local meteorologist predicts no major changes in existing adverse
			 meteorological conditions for at least an additional 12 hours.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-58 - Emergency episode plans

Current through Register Vol. 43, No. 28, July 11,
			 2024
(A) Any person
			 responsible for the operation of a source of air contamination adjudged to be
			 of major concern with respect to possible implementation of air pollution
			 emergency episode control procedures either because of the nature or the
			 quantity of its emissions shall, at the request of the department, prepare an
			 emergency episode plan to be implemented in the event that any episode status
			 is declared by the director. Such plans shall provide for the reduction of
			 emissions of those contaminants for which episode criteria have been
			 established and, consistent with good industrial practice and safe operating
			 procedures, reflect adherence to the requirements established in tables E-1,
			 E-2, and E-3 of regulation 28-19-57.
(B) All plans requested under the provisions
			 of 28-19-58 (A) shall be submitted to the department in written form, within 60
			 days of receipt of such a request; and shall be subject to review and approval
			 by the department. Such plans shall indicate the sources of contamination to be
			 controlled or eliminated; the manner in which such action will be accomplished;
			 and the approximate amount of specific contaminant emissions that will be
			 eliminated.
(C) The department
			 after reviewing any plan submitted in accordance with this regulation shall
			 approve or disapprove it on the basis of its consistency with the intent of
			 regulation 28-19-57. If such a plan is disapproved the department shall state
			 its reasons for disapproval and specify those changes needed to provide an
			 approvable plan. Such action shall be in writing and considered to be issued
			 under the provisions of
			 K.S.A.
			 65-3011 and subject to the provisions
			 therein.
(D) Those plans which are
			 approved under section C of this regulation shall be maintained on the premises
			 to which they apply and shall be implemented during those periods for which an
			 episode status has been established. Implementation of such a plan shall be
			 considered as an emergency order of the engineer of the board to immediately
			 reduce or discontinue the emission of contaminants in accordance with
			 K.S.A.
			 65-3012, and subject to the provisions
			 contained therein.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-61 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
The following words, terms and abbreviations are in addition to
				those defined in
				K.A.R.
				28-19-7 and shall have the following
				meanings, unless the context clearly indicates otherwise:
(a) "Accumulator" means the reservoir of a
			 condensing unit receiving the condensate from the condenser.
(b) "Affected facility" means facility or
			 emission unit subject to an applicable regulation.
(c) "Air-dried coating" means coatings which
			 are dried by the use of air or forced warm air at temperatures up to 194°F.
(d) "Asphalt prime coat" means an
			 application of low viscosity liquid asphalt to an absorbent surface to prepare
			 it for the application of an asphalt concrete surface.
(e) "ASTM" means the American society for
			 testing and materials.
(f)
			 "Automobile" means all passenger cars or passenger car derivatives capable of
			 seating no more than 12 passengers.
(g) "Automobile and light duty truck body"
			 means the body section rearward of the windshield and front-end sheet metal
			 forward of the windshield of an automobile or light duty truck.
(h) "Automobile and light duty truck part"
			 means a metal part intended to be attached to an automobile or light duty truck
			 body for inclusion into a finished product for sale to vehicle dealers and to
			 which surface coatings have been applied in the vehicle assembly plant.
(i) "Baseline transfer efficiency"
			 means the transfer efficiency of coating applicators in use during the baseline
			 period.
(1) Baseline transfer efficiencies
			 have been established for use with volatile organic compounds (VOC) emission
			 limits recommended in certain U.S. environmental protection agency (EPA)
			 published control technique guidelines (CTG) documents.
(2) Baseline transfer efficiencies are:
(A) 30 percent for primer-surfacer coat and
			 top coat operations in the automobile and light truck manufacturing industry;
			 and
(B) 60 percent for surface
			 coating operations in metal furniture manufacturing industries.
(3) Baseline transfer efficiency
			 for surface coating in the metal parts and products manufacturing industry has
			 not been established, however, the default value is 60 percent except where
			 higher baseline transfer efficiencies are probable, as in dip or flow coating
			 and spraying of interior surfaces. This default value will be used if the
			 facility chooses not to test to determine a baseline transfer efficiency and
			 insufficient information exists to determine an applicable baseline transfer
			 efficiency.