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 28-19-500 - Operating permit; applicability

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) A stationary
			 source shall obtain a class I operating permit in accordance with the
			 provisions of K.A.R. 28-19-510 if the stationary source is:
(1) a major source, except that a source is
			 not required to obtain a permit if it would be classified as a major source
			 solely because it has the potential-to-emit major amounts of a pollutant listed
			 pursuant to section 112(r)(3) of the federal clean air act and is not otherwise
			 required to obtain a permit under this regulation;
(2) an affected source;
(3) a solid waste incinerator unit required
			 to obtain a permit pursuant to section 129(e) of the federal clean air act;
(4) subject to an emission
			 limitation or standard under section 111 of the federal clean air act, new
			 source performance standards, except for a stationary source which is exempt as
			 provided in paragraph (h) of this regulation;
(5) subject to an emission limitation or
			 standard under section 112 of the federal clean air act, hazardous air
			 pollutants, except for a stationary source which is exempt as provided in
			 paragraph (h) of this regulation. This provision shall not require a source to
			 get a class I operating permit solely because it is subject to regulations or
			 requirements under section 112(r) of the federal clean air act, prevention of
			 accidental releases; or
(6) not a
			 major source but is within a source category designated by the secretary as
			 requiring a class I operating permit.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-501 - Operating permits; emissions limitations and pollution control equipment for class I and class II operating permits; conditions

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The owner or
			 operator of an emissions unit or stationary source may request an operational
			 permit restriction or a permit condition requiring the use of air pollution
			 control equipment, or both, which reduce the potential-to-emit of an emissions
			 unit or stationary source.
(b)
			 Operational restrictions specified in an operating permit shall reduce the
			 potential-to-emit of an emissions unit or stationary source if:
(1) all restrictions imposed in the operating
			 permit are at least as stringent as any other applicable limitations or
			 restrictions contained in the state implementation plan;
(2) the restrictions do not waive, or make
			 less stringent, any limitations, restrictions or requirements contained in or
			 issued pursuant to the state implementation plan or that are otherwise
			 federally enforceable; and
(3) the
			 restrictions are permanent, quantifiable and otherwise enforceable as a
			 practical matter.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-502 - Operating permits; identical procedural requirements

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Upon the
			 written request of the applicant and as approved by the department, procedural
			 requirements for the issuance of an initial operating permit or modification of
			 an operating permit which are identical to procedural requirements for the
			 issuance of the construction permit for the new stationary source or the
			 relevant modification, may be considered satisfied if accomplished during the
			 construction permit issuance process.
(b) This regulation shall not be interpreted
			 to relieve an applicant from the requirement to timely file a complete
			 application, appropriate application fee or any other information required by
			 the department, when applying for an operating permit or modification to an
			 operating permit.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-510 - Class I operating permits; application timetable

Current through Register Vol. 43, No. 28, July 11,
			 2024
A complete application, including any applicable application
				fee, shall be submitted to the department by the owner or operator of any
				stationary source specified in subsection (a) of
				K.A.R.
				28-19-500, within the following time
				schedules:
(a) on or before the date
			 specified by the department as published in the Kansas Register for any source
			 which is existing on such date except as specified at subsection (b) of this
			 regulation;
(b) for initial phase
			 II acid rain permits as addressed in title IV, acid deposition control, of the
			 federal clean air act, by January 1, 1996 for sulfur dioxide, and by January 1,
			 1998 for nitrogen oxides;
(c) on
			 or before the date specified at K.A.R. 28-19-541(a) when applicable to any
			 stationary source operating under a class II operating permit;
(d) within one year of the initial startup of
			 any modification to an existing source that is not required to operate under a
			 class I or class II operating permit if the modification increases the
			 potential-to-emit of the stationary source above any major source threshold or
			 if the modification would otherwise require the source to obtain a class I
			 operating permit;
(e) within one
			 year of the initial startup of any other stationary source which is required to
			 obtain class I operating permit;
(f) within one year after commencing
			 operation for any stationary source required to meet the requirements of
			 section 112(g) of the federal clean air act or for any stationary source
			 required to have a construction permit pursuant to a requirement of the state
			 implementation plan submitted to fulfill the requirements of part C or part D
			 of title I of the federal clean air act. If an existing class I operating
			 permit prohibits such construction or change in operation, a permit revision to
			 the class I operating permit shall be issued before commencing such operation.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-511 - Class I operating permits; application contents

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Applications
			 for class I operating permits and renewals of class I operating permits shall
			 be submitted in writing on forms provided or approved by the department.
(1) The original and two copies of the
			 application, including all supporting documentation, shall be submitted to the
			 department.
(2) An additional copy
			 shall be submitted for each affected state.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-513 - Class I operating permits; permit amendment, modification or reopening and changes not requiring a permit action

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The provisions
			 of this subsection shall apply to administrative permit amendments.
(1) An "administrative permit amendment" is a
			 permit revision that:
(A) corrects
			 typographical errors;
(B)
			 identifies a change in the name, address, or phone number of any person
			 identified in the permit, or provides a similar minor administrative change at
			 the source;
(C) requires more
			 frequent monitoring or reporting by the permittee;
(D) allows for a change in ownership or
			 operational control of a source where the department determines that no other
			 change in the permit is necessary, provided that a written agreement containing
			 a specific date for transfer of permit responsibility, coverage, and liability
			 between the current and new permittee has been submitted to the department; or
(E) incorporates into the class I
			 operating permit the requirements from a preconstruction review permit
			 authorized under K.A.R. 28-19-300 et seq., construction permits and approvals,
			 provided that the preconstruction review procedural requirements are
			 substantially equivalent to the requirements applicable to a permit
			 modification, and compliance requirements substantially equivalent to those
			 contained in K.A.R. 28-19-512.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-514 - Class I operating permits; permit term; renewal

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Permit term.
			 Each class I operating permit shall specify the expiration date of the permit.
(1) Class I operating permits issued to solid
			 waste incineration units combusting municipal waste subject to standards under
			 section 129(e) of the federal clean air act, shall have a maximum term of 12
			 years from the date of issuance and shall be reviewed by the department every
			 five years.
(2) Class I operating
			 permits issued to affected sources shall have a term of five years.
(3) All other class I operating permits shall
			 have maximum term of five years from the date of issuance.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-515 - Class I operating permits; public participation, affected state participation, and USEPA participation

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Except for
			 administrative permit amendments or modifications qualifying for minor permit
			 modification procedures, all permit proceedings, including initial permit
			 issuance, significant modifications, and renewals, shall provide adequate
			 procedures for public notice including offering an opportunity for public
			 comment and an opportunity for a public hearing on the proposed permit. In
			 addition to procedures specified at K.A.R. 28-19-204, the procedures shall
			 include the following requirements.
(1)
			 Notice shall be given to persons on a mailing list developed by the department,
			 including those who request in writing to be on the list and by other means if
			 necessary to assure adequate notice to the affected public.
(2) The notice shall identify the emissions
			 change involved in any permit modification.
(3) The notice shall state that prior to the
			 issuance of the permit, permit modification, or permit renewal, the USEPA has
			 the right to object to issuance of the permit. The notice shall further state
			 that if the USEPA fails to object to issuance of the permit within 45 days of
			 receipt of the permit which the department proposes to issue, a person may
			 petition the administrator of the USEPA to review the permit by filing a
			 petition with the administrator of the USEPA within 60 days of the expiration
			 of the USEPA's 45 day review period.
(4) Notice and opportunity for participation
			 by affected states shall be provided pursuant to subsection (b) of this
			 regulation.
(5) A record of the
			 commenters and of the issues raised during the public participation process
			 shall be made so that the USEPA may fulfill its obligation under section
			 505(b)(2) of the federal clean air act to determine whether a citizen petition
			 may be granted, and such records shall be available to the public.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-516 - Class I operating permits; application fees

Current through
			 Register Vol. 43, No. 28, July 11, 2024
(a) Each of the following class I operating
			 permit applications shall be accompanied by the fee specified in this
			 subsection:
(1) For an initial application
			 submitted under
			 K.A.R.
			 28-19-510, $3,000.00;
(2) for a renewal application submitted under
			 K.A.R.
			 28-19-514, $3,000.00;
(3) for an application for a significant
			 permit modification submitted under
			 K.A.R.
			 28-19-513, $1,500.00;
(4) for a general permit petition submitted
			 under K.A.R. 28-19-401, $2,250.00;
			 and
(5) for a general permit
			 application submitted under
			 K.A.R.
			 28-19-403, $750.00.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-517 - Class I operating permits; annual emissions inventory and fees

Current through Register Vol. 43, No. 28, July 11,
			 2024
The owner or operator of each stationary source that is
				required to apply for a class I operating permit shall comply with this
				regulation.
(a) Annual emissions
			 inventory.
(1) Each owner or operator shall
			 electronically submit to the department an annual emissions inventory for each
			 stationary source for the year preceding the calendar year in which the source
			 is required to apply for an operating permit and each year
			 thereafter.
(2) Each annual
			 emissions inventory shall be submitted for any regulated pollutant deemed
			 necessary by the secretary from each emission unit, as defined in
			 K.A.R.
			 28-19-200, and shall include the following:
(A) All operating information;
(B) actual emissions, including fugitive
			 emissions, calculated pursuant to
			 K.A.R.
			 28-19-210;
(C) any quantity of emissions regardless of
			 operating hours, including sources that did not operate; and
(D) emissions from each source only while
			 operating in Kansas, if the source operates both in Kansas and out of
			 state.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-518 - Class I operating permits; complete applications

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) An application
			 for the issuance, renewal or significant modification of a class I operating
			 permit that is timely filed and deemed complete shall have the effect of
			 allowing the emissions unit or stationary source to continue to operate in the
			 same legal capacity as on the date the application is deemed complete until
			 such time as final agency action is taken on the application or until such time
			 as the application is subsequently deemed incomplete.
(b) An application for a class I or class II
			 operating permit shall be deemed complete as of the date the application was
			 submitted to the department if:
(1) the
			 department determines that the information submitted by the applicant
			 substantially complies with the requirements of K.A.R. 28-19-511 and notifies
			 the applicant, in writing within 60 days after the application was submitted,
			 that the application has been deemed complete;
(2) after an application has been deemed
			 complete, the applicant submits additional information requested in writing by
			 the department within the time-frame specified by the department or within 60
			 days of the date of the request if no time-frame is specified by the
			 department; or
(3) the department
			 fails to notify the applicant that the application is not complete within the
			 time-frames specified in paragraphs (b)(1) and (b)(2) of this regulation.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-540 - Class II operating permits; applicability

Current through Register Vol. 43, No. 28, July 11,
			 2024
The owner or operator of a stationary source which would
				otherwise require a class I operating permit may submit an application for a
				class II operating permit for the stationary source requesting the
				potential-to-emit of the stationary source be limited below the major source
				threshold. The potential-to-emit of the stationary source may be limited:
(a) through:
(1) the reduction of emissions by restricting
			 operating hours or the type or amount of material combusted, stored or
			 processed in accordance with K.A.R. 28-19-501;
(2) a permit restriction pursuant to K.A.R.
			 28-19-300, or its predecessor K.A.R. 28-19-14;
(3) the reduction of emissions by air
			 pollution control equipment maintained in accordance with the requirements of
			 K.A.R. 28-19-501; or
(4) any
			 combination of operational restrictions and air pollution control equipment;
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-541 - Class II operating permits; application timetable and contents

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Any stationary
			 source that has been issued a construction permit with federally enforceable
			 permit restrictions pursuant to K.A.R. 28-19-302(b), shall file a complete
			 initial application for a class II operating permit in accordance with K.A.R.
			 28-19-518 subsections (b) through (e), within one year of commencing operations
			 or within one year of the effective date of this regulation, whichever is
			 later. Any other stationary source that seeks a class II operating permit or a
			 class II operating permit-by-rule shall file a complete initial application in
			 accordance with K.A.R. 28-19-518 no later than 180 days before the date by
			 which the applicant seeks issuance of the permit.
(b) The initial application for any class II
			 operating permit, including a permit-by-rule pursuant to K.A.R. 28-19-542,
			 shall be in writing and on forms provided or approved by the department. Until
			 the department issues a class II operating permit to the source, the
			 potential-to-emit of that source shall not be considered to be reduced.
(c) An application for a class II
			 operating permit, other than an application for a permit-by-rule pursuant to
			 K.A.R. 28-19-542, shall be accompanied by:
(1) sufficient information for the department
			 to determine the potential-to-emit of the stationary source;
(2) any air pollution control equipment
			 maintenance plan required by the provisions of K.A.R. 28-19-501;
(3) any proposed operational restrictions
			 which would reduce the potential-to-emit of the stationary source, including:
(A) specification of any proposed operating
			 restrictions;
(B) proposed methods
			 for quantifying such restrictions;
(C) proposed methods for monitoring such
			 restrictions; and
(4)
			 the appropriate application fee.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-542 - Class II operating permits; permit-by-rule

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Any owner or
			 operator of any stationary source that is within a source category specified in
			 K.A.R. 28-19-561 through K.A.R. 28-19-564 may submit an application to the
			 department for an operating permit-by-rule.
(b) Each application for a permit-by-rule
			 shall be submitted on forms provided by the department or approved by the
			 secretary and shall contain information sufficient for the secretary to
			 determine the applicability of the requirements of K.A.R. 28-19-561 through
			 K.A.R. 28-19-564 to the stationary source and the eligibility of the source to
			 obtain a permit-by-rule.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-543 - Class II operating permits; permit term and content; operational compliance

Current through Register Vol. 43, No. 28, July 11,
			 2024
A class II operating permit shall remain valid until modified,
				revoked or otherwise determined invalid. A stationary source for which a class
				II operating permit has been issued shall comply with all applicable air
				quality regulations, whether or not addressed in the class II operating permit,
				unless specific provision is made within the class II operating permit
				specifying the stationary source is not required to comply with an otherwise
				applicable regulation.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-544 - Class II operating permits; modification of source or operations

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Any stationary
			 source operating pursuant to a class II operating permit shall not modify the
			 stationary source in any manner which increases the potential-to-emit of any
			 pollutant included in the categories listed at K.A.R. 28-19-500 without first
			 obtaining a written approval from the department authorizing such modification
			 pursuant to K.A.R. 28-19-300 et seq., construction permits and approvals.
(b) The owner or operator of a
			 stationary source shall submit to the department a complete application for
			 modification of a class II operating permit, including any applicable
			 application fee, within 180 days of the initial startup of any modification if
			 the modification increases the potential-to-emit of the stationary source.
(c) The application for
			 modification shall be in writing and made on forms provided or approved by the
			 department.
(d) An application for
			 modification of a class II operating permit shall be accompanied by:
(1) sufficient information for the department
			 to determine the potential-to-emit of the stationary source;
(2) any air pollution control equipment
			 maintenance plan required by the provisions of K.A.R. 28-19-501;
(3) any proposed operational restrictions
			 which would reduce the potential-to-emit of the stationary source, including:
(A) specification of any proposed operating
			 restrictions;
(B) proposed methods
			 for quantifying such restrictions; and
(C) proposed methods for monitoring such
			 restrictions; and
(4)
			 the appropriate application fee.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-545 - Class II operating permits; application fee

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) An application
			 pertaining to a class II operating permit shall not be deemed complete unless
			 accompanied by the appropriate fee.
(b) Fees.
(1) The fee for an initial application for a
			 class II operating permit other than a general permit or a permit-by-rule shall
			 be $200.00.
(2) The fee for a
			 class II operating permit modification application shall be $100.00.
(3) The fee for a class II general operating
			 permit petition shall be $750.00.
(4) The fee for a class II general operating
			 permit application shall be $50.00.
(5) The fee for a class II operating
			 permit-by-rule application shall be $50.00.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-546 - Class II operating permits; annual emission inventory and fees

Current through Register Vol. 43, No. 28, July 11,
			 2024
The owner or operator of each stationary source that is
				required to apply for a class II operating permit shall comply with this
				regulation.
(a) Annual emissions
			 inventory.
(1) Each owner or operator shall
			 electronically submit to the department an annual emissions inventory for each
			 stationary source for the year preceding the calendar year in which the owner
			 or operator is required to apply for an operating permit and each year
			 thereafter.
(2) Each annual
			 emissions inventory shall be submitted for any regulated pollutant deemed
			 necessary by the secretary from each emission unit, as defined in
			 K.A.R.
			 28-19-200, and shall include the following:
(A) All operating information;
(B) actual emissions, including fugitive
			 emissions, calculated pursuant to
			 K.A.R.
			 28-19-210;
(C) any quantity of emissions regardless of
			 operating hours, including sources that did not operate; and
(D) emissions from each source only while
			 operating in Kansas, if the source operates both in Kansas and out of
			 state.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-561 - Class II operating permits; permit-by-rule; reciprocating engines

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Definition. For
			 purposes of this regulation, "reciprocating engine stationary source" shall
			 mean a source with one or more stationary reciprocating engines of any design
			 or fuel type that does not contain other emission units that, alone or in
			 combination with the reciprocating engines, would require the owner or operator
			 of the source to obtain a class I operating permit solely because of its
			 potential-to-emit. For purposes of this regulation, each reciprocating engine
			 stationary source shall be presumed to operate without emission controls.
(b) Applicability; presumption.
			 The requirements of this regulation shall apply to each reciprocating engine
			 stationary source with a capacity equal to or greater than 730 horsepower, 550
			 kilowatts, or 5.1 million Btu per hour fuel input. Each reciprocating engine
			 stationary source with a capacity of less than 730 horsepower, 550 kilowatts,
			 or 5.1 million Btu per hour fuel input shall be presumed to have a
			 potential-to-emit of less than 100 tons of each regulated pollutant per year.
(c) Operating conditions. In lieu
			 of obtaining a class I permit under K.A.R. 28-19-500 or a class II permit under
			 K.A.R. 28-19-540, each owner or operator of a reciprocating engine stationary
			 source who elects to operate the source pursuant to this regulation and K.A.R.
			 28-19-542 shall meet the following requirements:
(1) Limit the operations of the source during
			 each consecutive 12-month period to 5,800,000 horsepower hours, 4,300,000
			 kilowatt hours, or 40,000 million Btu fuel input;
(2) maintain records demonstrating that the
			 operating restrictions specified in this regulation have not been exceeded;
(3) update the required records
			 monthly, not later than the last day of the month following the month to which
			 the records relate;
(4) retain the
			 required records on-site for at least two years following the date of record,
			 unless an alternative record storage location is authorized by the secretary in
			 writing; and
(5) submit an annual
			 emission report to the department as required in K.A.R. 28-19-546.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-562 - Class II operating permits; permit-by-rule; organic solvent evaporative sources

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Definition. For
			 the purposes of this regulation, "organic solvent evaporative source" shall
			 mean each stationary source that meets both of the following conditions:
(1) The owner or operator of the stationary
			 source purchases or uses materials that contain volatile organic compounds,
			 hazardous air pollutants, or both, that are used in cleaning solvents, printing
			 operations, adhesives, or surface coatings.
(2) The stationary source does not contain
			 emission units, other than organic solvent evaporative sources, that, alone or
			 in combination with all organic solvent evaporative sources, would require the
			 owner or operator of the source to obtain a class I operating permit solely
			 because of the source's potential-to-emit.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-563 - Class II operating permits; permit-by-rule; hot mix asphalt facilities

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Definition. For
			 purposes of this regulation, "hot mix asphalt facility" shall mean a facility
			 that meets both of the following conditions:
(1) The facility is used to manufacture hot
			 mix asphalt by heating and drying aggregate and mixing the aggregate with
			 asphalt cement.
(2) The facility
			 does not contain other emission sources that, alone or in combination with the
			 hot mix asphalt facility, would require the owner or operator of the source to
			 obtain a class I operating permit solely because of the facility's
			 potential-to-emit.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-564 - Class II operating permits; permits-by-rule; sources with actual emissions less than 50 percent of major source thresholds

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Any stationary
			 source, or group of stationary sources, that would be classified as a major
			 source based on the potential-to-emit may operate according to this regulation
			 in lieu of obtaining an individual class I or class II operating permit, if the
			 source is operated in compliance with subsections (d), (e), (f), and (g) and
			 with either subsection (b) or subsection (c). Sources that are required to
			 obtain a class I or class II operating permit based on criteria other than
			 potential-to-emit shall not be eligible to operate under this
			 regulation.
(b) Any stationary
			 source or group of stationary sources that has actual emissions not exceeding
			 25 percent of the major source threshold, as defined in
			 K.A.R.
			 28-19-200, may operate according to this
			 subsection, if the source meets all of the following conditions:
(1) The stationary source is not otherwise
			 required to obtain a class I operating permit.
(2) The owner or operator of the stationary
			 source notifies the department, in writing, that it elects to operate the
			 source under this regulation.
(3)
			 The actual emissions of each regulated pollutant, for every consecutive
			 12-month period during which the stationary source is operated under this
			 regulation, do not exceed 25 percent of the major source threshold.
(4) The owner or operator of the stationary
			 source maintains records, as specified in subsection (h), that demonstrate
			 compliance with the 25 percent actual emissions limitation.
(5) The owner or operator updates the records
			 required by paragraph (b)(4) at least monthly and maintains the records on-site
			 for at least two years from the date of record.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-645 - Open burning prohibited

Current through Register Vol. 43, No. 28, July 11,
			 2024
A person shall not cause or permit the open burning of any
				wastes, structures, vegetation, or any other materials on any premises except
				as authorized by
				K.A.R.
				28-19-647 and
				K.A.R.
				28-19-648.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-645a - Restrictions on open burning operations for certain counties during the month of April

Current through Register Vol. 43, No. 28, July
			 11, 2024
This regulation shall supersede
				K.A.R.
				28-19-645 during the month of April for the
				counties listed in subsection (a) below.
(a) A person shall not cause or permit open
			 burning operations of any waste, including vegetation and wood waste,
			 structures, or any other materials on any premises during the month of April in
			 Butler, Chase, Chautauqua, Cowley, Elk, Geary, Greenwood, Johnson, Lyon,
			 Marion, Morris, Pottawatomie, Riley, Sedgwick, Wabaunsee, and Wyandotte
			 counties, except as authorized by subsections (b) through (d).
(b) The following activities shall be exempt
			 from the prohibition in subsection (a):
(1)
			 Open burning operations for the purpose of range or pasture management and
			 conservation reserve program (CRP) burning activities meeting the requirements
			 in K.A.R. 28-19-648(a)(1) through (a) ( 4 ) ; and
(2) open burning operations listed in K.A.R.
			 28-19-647(a)(1) and (a) ( 2 ) .
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-646 - Responsibility for open burning

Current through Register Vol. 43, No. 28, July 11,
			 2024
It shall be prima facie evidence that the person who owns or
				controls property on which open burning occurs has caused or permitted the open
				burning.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-647 - Exceptions to prohibition on open burning

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The following
			 open burning operations shall be exempt from the prohibition on the open
			 burning of any materials imposed by K.A.R. 28-19-645:
(1) open burning carried out on a residential
			 premise containing five or less dwelling units and incidental to the normal
			 habitation of the dwelling units, unless prohibited by any local authority with
			 jurisdiction over the premises;
(2) open burning for cooking or ceremonial
			 purposes, on public or private lands regularly used for recreational purposes;
(3) open burning for the purpose
			 of crop, range, pasture, wildlife or watershed management in accordance with
			 K.A.R. 28-19-648; or
(4) open
			 burning approved by the department pursuant to paragraph (b).
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-648 - Agricultural open burning

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Open burning of
			 vegetation such as grass, woody species, crop residue, and other dry plant
			 growth for the purpose of crop, range, pasture, wildlife or watershed
			 management shall be exempt from the prohibition on the open burning of any
			 materials imposed by K.A.R. 28-19-645, provided that the following conditions
			 are met:
(1) the person conducting the burn
			 shall notify the local fire control authority with jurisdiction over the area
			 before the burning begins, unless the appropriate local governing body has
			 established a policy that notification is not required;
(2) a person shall not conduct a burn that
			 creates a traffic safety hazard. If conditions exist that may result in smoke
			 blowing toward a public roadway, the person conducting the burn shall give
			 adequate notification to the highway patrol, sheriff's office or other
			 appropriate state or local traffic control authorities before burning;
(3) a person shall not conduct a
			 burn that creates an airport safety hazard. If smoke may affect visibility at
			 an airport, the person conducting the burn shall give adequate notification to
			 the appropriate airport authorities before burning; and
(4) the person conducting the burn shall
			 insure that the burning is supervised until the fire is extinguished.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-650 - Emissions opacity limits

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Except as
			 otherwise provided in K.A.R. 28-19-9, K.A.R. 28-19-11, or K.A.R. 28-19-31, in
			 subsections (b) and (c) of this regulation, or in other applicable air quality
			 regulations, opacity of visible air emissions from any emission unit shall not
			 exceed the following limits:
(1) 40 percent
			 opacity for any portable source existing on or before January 1, 1971;
(2) 40 percent opacity for any
			 emission unit, other than a portable source, that existed on or before January
			 1, 1971 and that has not been relocated after January 1, 1971; and
(3) 20 percent opacity for any other emission
			 unit.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-712 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
The following terms shall apply to
				K.A.R.
				28-19-712 through
				K.A.R.
				28-19-712d.
(a) "Auxiliary power unit" means an
			 integrated system that provides heat, air conditioning, engine warming, or
			 electricity to components of a heavy-duty diesel vehicle and is certified by
			 the administrator of the USEPA under 40 C.F.R. part 89 as meeting applicable
			 emission standards.
(b) "Commercial
			 vehicle" means any motor vehicle, other than a passenger vehicle, and any
			 trailer, semitrailer, or pole trailer drawn by the motor vehicle that is
			 designed, used, and maintained for the transportation of persons or property
			 for hire, compensation, or profit or in the furtherance of a commercial
			 enterprise.
(c) "Gross vehicle
			 weight rating" means the weight specified by the manufacturer as the loaded
			 weight of a single vehicle.
(d)
			 "Heavy-duty diesel vehicle" means any motor vehicle that meets the following
			 conditions:
(1) Has a gross vehicle weight
			 rating of more than 14,001 pounds;
(2) is powered by a diesel engine;
			 and
(3) is designed primarily for
			 transporting persons or property on a public street or highway.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-712a - Applicability

Current through Register Vol. 43, No. 28, July 11,
			 2024
K.A.R.
				28-19-712 through
				K.A.R.
				28-19-712d shall apply only in Johnson and
				Wy-andotte counties to any person who owns or operates either of the
				following:
(a) Any heavy-duty diesel
			 vehicle that is also a commercial vehicle, institutional vehicle, or public
			 vehicle; or
(b) any load or unload
			 location.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-712b - General requirement for heavy-duty diesel vehicles

Current
			 through Register Vol. 43, No. 28, July 11, 2024
No person who owns or operates a heavy-duty diesel vehicle
				specified in
				K.A.R.
				28-19-712a(a) shall cause
				that vehicle to idle for more than five minutes in any 60-minute period, except
				as provided in
				K.A.R.
				28-19-712c and
				K.A.R.
				28-19-712d.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-712c - General requirement for load or unload locations

Current
			 through Register Vol. 43, No. 28, July 11, 2024
No person who owns or operates a load or unload location for
				freight shall cause any heavy-duty diesel vehicle that is also a commercial
				vehicle to idle for a period longer than 30 minutes in any 60-minute period
				while waiting to load or unload at that location.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-712d - Exemptions

Current through Register Vol. 43, No. 28, July 11,
			 2024
K.A.R.
				28-19-712b shall not apply to the
				following:
(a) Any heavy-duty diesel
			 vehicle specified in K.A.R. 28-19-712a(a) that idles in any of the following
			 conditions:
(1) While forced to remain
			 motionless because of road traffic or an official traffic control device or
			 signal or at the direction of a law enforcement official;
(2) when operating defrosters, heaters, air
			 conditioners, safety lights, or other equipment solely for safety or health
			 reasons and not as part of a rest period;
(3) during a state or federal inspection to
			 verify that all equipment is in good working order, if idling is required as
			 part of the inspection; or
(4)
			 during mechanical difficulties over which the driver has no control;
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-713 - Applicability

Current through Register Vol. 43, No. 28, July 11,
			 2024
K.A.R.
				28-19-713 through
				K.A.R.
				28-19-713d shall apply to the owner or
				operator of each stationary source located in Wyandotte or Johnson county that
				annually emits at least 1,000 tons of nitrogen oxides from the entire facility,
				based on an average of the total emissions for the 2005, 2006, and 2007
				calendar years. The total emissions shall be the sum of the actual emissions
				and the potential-to-emit emissions for each calendar year. The actual
				emissions shall be calculated pursuant to
				K.A.R.
				28-19-210. If the actual emissions are more
				than 1,000 tons of nitrogen oxides for each calendar year, the
				potential-to-emit emissions may be excluded from the total emissions
				calculation. The potential-to-emit emissions shall be used for periods
				exceeding two weeks of operational inactivity due to maintenance, construction,
				or modification.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-713a - Emission limitation requirements

Current through Register Vol.
			 43, No. 28, July 11, 2024
No owner or operator subject to
				K.A.R.
				28-19-713 shall allow any emission unit to
				emit nitrogen oxides in excess of the following emission limitations based on a
				30-day rolling average:
(a) From
			 electric generating units, for the purposes of K.A.R. 28-19-713 through K.A.R.
			 28-19-713d, the following:
(1) 0.26 pounds
			 per million British thermal units (lbs/ MMBtu) for unit 1, a turbo wall-fired
			 Riley Stoker boiler located at the Nearman Creek power station in Kansas City,
			 Kansas; and
(2) 0.20 lbs/MMbtu for
			 unit 2, a wall-fired Riley Stoker boiler located at the Quindaro power station
			 in Kansas City, Kansas; and
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-713b - Alternate emissions limit

Current through Register Vol. 43, No.
			 28, July 11, 2024
Each owner or operator of an emission unit subject to an
				emissions limit for nitrogen oxides specified in
				K.A.R.
				28-19-713a(a) that is also
				subject to a more stringent Kansas or USEPA emissions limit for nitrogen oxides
				shall comply with the more stringent emissions limit for that emission
				unit.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-713c - Control measures and equipment

Current through Register Vol.
			 43, No. 28, July 11, 2024
Each owner or operator of any emission unit subject to an
				emissions limit specified in
				K.A.R.
				28-19-713a or
				K.A.R.
				28-19-713b shall implement control measures
				and install, operate, and maintain equipment necessary to achieve these limits
				no later than 18 months after the effective date of this
				regulation.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-713d - Compliance demonstration, monitoring, and reporting requirements

Current through Register Vol. 43, No. 28, July 11,
			 2024
No later than 24 months after the effective date of this
				regulation, each owner or operator of any emission unit subject to the nitrogen
				oxide emission limits specified in
				K.A.R.
				28-19-713a or
				K.A.R.
				28-19-713b shall meet the following
				requirements:
(a) Demonstrate
			 compliance with the applicable emissions limit by performing an emissions test
			 in accordance with 40 C.F.R.
			 60.8, as adopted by reference in K.A.R.
			 28-19-720, and either of the following:
(1)
			 Test method 7, 7A, 7C, 7D, or 7E in appendix A-4 to 40 C.F.R. part 60, as
			 adopted by reference in K.A.R. 28-19-720 ; or
(2) any other USEPA test method 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 28-19-714 - Solvent metal cleaning

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The provisions
			 of this regulation shall apply to cold cleaning, open-top vapor degreasing, and
			 conveyorized degreasing operations located in Johnson and Wyandotte counties,
			 and to the sale of cold cleaner solvents for use within either Johnson or
			 Wyandotte county, or both.
(b)
			 Definitions. The following terms, when used in this regulation, shall have the
			 following meanings:
(1) "Airless cleaning
			 system" means a degreasing system that operates automatically and that seals at
			 a differential pressure not greater than 0.475 pounds per square inch gauge
			 (psig) before the introduction of solvent vapor into the cleaning chamber and
			 maintains a differential pressure under vacuum during all cleaning and drying
			 cycles.
(2) "Airtight cleaning
			 system" means a degreasing system that is operated automatically and that seals
			 at a differential pressure not greater than 0.5 psig during all cleaning and
			 drying cycles.
(3) "Aqueous
			 solvent" means a solvent that consists of 60 percent or more by volume of water
			 with a flashpoint greater than 199° Fahrenheit (F) and that is miscible
			 with water.
(4) "Electronic
			 component" means any portion of an electronic assembly, including circuit board
			 assemblies, printed wire assemblies, printed circuit boards, soldered joints,
			 grounded wires, bus bars, and associated electronic component manufacturing
			 equipment, including screens and filters.
(5) "Medical device" means any instrument,
			 apparatus, implement, machine, contrivance, implant, in vitro reagent, or other
			 similar article, including any component or accessory that meets one of the
			 following conditions:
(A) It is intended for
			 use in the diagnosis of disease or other conditions, or in the cure,
			 mitigation, treatment, or prevention of disease.
(B) It is intended to affect the structure or
			 any function of the body.
(C) It
			 is defined in the "national formulary" or the "United States pharmacopoeia," or
			 any supplement to them.