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 28-19-62 - Testing procedures

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Sampling and
			 testing procedures required to demonstrate compliance with the volatile organic
			 compound (VOC) emission limits shall be as described in the following
			 referenced publications:
(1) Appropriate
			 reference methods in 40 CFR Part 60, appendix A as in effect July 1, 1986 or
			 alternate methods demonstrated to the satisfaction of the department to be
			 equivalent;
(2) ASTM D 1186-06.01
			 Thickness of paints/related coatings dry film thickness of non-magnetic
			 coatings applied to a ferrous base, as in effect 1981.
(3) ASTM D 1200-06.01 Standard test method
			 for determining the viscosity of paints and related coating by the Ford
			 viscosity cup test, as in effect 1982.
(4) ASTM D 3794-06.01 Standard test method
			 for determining the viscosity of coil coatings by the Zahn cup method test, as
			 in effect 1979.
(5) ASTM D 1475-60
			 Standard test method for determining the density of paint, varnish, lacquer and
			 related products, as in effect 1980.
(6) ASTM D 2369-81 Standard test method for
			 determining the volatile content of coatings using a one hour bake, as in
			 effect 1981.
(7) ASTM D 3792-79
			 Standard test method for determining the water content of water reducible paint
			 by direct injection into a gas chromotograph, as in effect 1979.
(8) ASTM D 4017-81 Standard test method for
			 determining the water content in paints by the Karl Fischer titration method,
			 as in effect 1981.
(9) ASTM
			 D-244-83 Standard methods of testing emulsified asphalts, as in effect 1983.
(10) ASTM D-323-82 Vapor pressure
			 of petroleum products (Reid method), as in effect 1982.
(11) ASTM D-97-66 Test for pour point of
			 petroleum oils, as in effect 1978.
(12) Reid vapor pressure of gasoline to be
			 used as a fuel for motor vehicles shall be sampled according to the procedures
			 in 40 CFR, Part 80, Appendix D, as in effect July 1, 1989 and amended at 55 FR
			 25835, June 25, 1990.
(13) Reid
			 vapor pressure of gasoline to be used as a fuel for motor vehicles shall be
			 tested according to the procedures in 40 CFR, Part 80, Appendix E, as in effect
			 July 1, 1989 and amended at 55 FR 25835, June 25, 1990.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-63 - Automobile and light duty truck surface coating

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The provisions
			 of this regulation shall be applicable to each automobile or light duty truck
			 top coat and primer surfacer surface coating operation and all other automobile
			 or light duty truck surface coating application systems at those facilities
			 which have a VOC potential contaminant emission rate equal to or greater than
			 three tons per year. For the purposes of this rule, surface coating operation
			 means the combination of all coating application systems which apply the
			 specific class of surface coatings identified at table A of subsection (b). The
			 VOC potential contaminant emission rate of a facility shall be determined by:
(1) the maximum hourly production rate of
			 each coating application system; and
(2) the assumption that the facility operates
			 24 hours per day, 365 days per year provided that the facility's operating
			 hours are not otherwise limited by federally enforceable permit conditions.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-64 - Bulk gasoline terminals

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) No owner or
			 operator of any bulk gasoline terminal (BGT) with a gasoline throughput of
			 20,000 gallons or greater daily shall cause or permit loading of gasoline into
			 any gasoline delivery vessel (GDV) from any loading rack unless:
(1) the loading rack includes a vapor
			 collection system and a vapor processing system or an equivalent vapor control
			 system approved by the director; and
(2) the GDV driver provides documentation
			 showing the GDV owner or operator has complied with K.A.R. 28-19-70(c)(3).
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-65 - Volatile organic compounds (VOC) liquid storage in permanent fixed roof type tanks

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
			 capable of holding more than 40,000 gallons of any VOC liquid having a true
			 vapor pressure of one and five tenths pounds per square inch, absolute (psia)
			 or greater under actual storage conditions unless the tank, reservoir, or other
			 container is a pressure tank capable of maintaining working pressures
			 sufficient to prevent vapor loss to the atmosphere or is designed and equipped
			 with one of the following vapor loss control devices:
(1) for storage of VOC liquid having a true
			 vapor pressure of less than 11.1 psia at storage conditions, an internal
			 floating roof meeting the following requirements:
(A) it shall have a primary seal and
			 continuous secondary seal extending from the floating roof to the tank wall.
			 The primary seal shall be a liquid mounted type or when the floating roof
			 already has a primary seal, a metallic shoe seal will be installed to function
			 as a primary seal. Replacement primary seals shall be liquid mounted or
			 metallic shoe type; and
(B)
			 automatic vent openings shall be closed except when the floating roof is being
			 floated off or landing on the leg supports; or
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-66 - Volatile organic compounds (VOC) liquid storage in external floating roof tanks

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 not
			 having a permanent fixed roof and capable of holding more than 40,000 gallons
			 of any VOC liquid with a true vapor pressure of 1.5 pounds per square inch
			 absolute (psia) or greater at storage conditions unless the container is
			 equipped with an external floating roof having a primary seal system. The
			 container shall also be equipped with a continuous secondary seal extending
			 from the floating roof to the container wall if:
(1) the container is of welded construction
			 with a metallic type shoe seal, a liquid mounted foam seal, a liquid mounted
			 liquid filled seal or any other closure device which has been demonstrated to
			 the satisfaction of the department to be an equivalent primary seal system, and
			 the true vapor pressure of the stored VOC liquid is four psia or greater at
			 storage conditions;
(2) the
			 container floating roof has a vapor mounted primary seal, unless the seal can
			 be demonstrated to the satisfaction of the department to be equivalent to a
			 metallic or liquid mounted seal, in which case the requirements of subsection
			 (a)(1) apply; or
(3) the container
			 is of riveted construction.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-67 - Petroleum refineries

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) A person shall
			 not permit the use of any vacuum producing system at a petroleum refinery
			 unless the vapor emissions from the condensers, hot wells or accumulators of
			 the system are reduced by:
(1) Piping the
			 noncondensible vapors to a firebox or incinerator;
(2) compressing the vapors and adding them to
			 the refinery fuel gas; or
(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 28-19-68 - Leaks from petroleum refinery equipment

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) If the volatile
			 organic compound concentration leaking from pump seals, compressor seals, seal
			 oil degassing vents, pipeline valves, flanges, and other connections, pressure
			 relief devices, process drains, and open ended pipes exceeds 10,000 parts per
			 million, the leak shall be repaired within 15 days.
(b) Any leaks which cannot be repaired during
			 the 15 day period shall be reported to the department, in writing, within the
			 15 day period. The report shall state the source of the leak, the reasons why
			 repairs cannot be made during the period, and the earliest date by which the
			 repairs can be accomplished.
(c)
			 The monitoring of volatile organic compound leaks shall be performed by the
			 refinery according to the following schedule:
(1) Weekly: visual inspection shall be made
			 of pump seals to detect leaks. Whenever liquid leaks are observed, the volatile
			 organic compound concentration shall be monitored immediately.
(2) quarterly: compressor seals, pipeline
			 valves in gas service, and atmospheric vented pressure relief valves in gas
			 service.
(3) annually: pump seals,
			 pipeline valves in liquid service, and process drains.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-69 - Cutback asphalt

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) A person shall
			 not cause, allow or permit the use or application of cutback asphalt for the
			 purposes of paving after December 31, 1982, without the approval of the
			 department. A person seeking approval from the department shall submit a
			 request in writing which provides as much information as the department may
			 require. Any approval may be subject to conditions imposed by the department
			 which may include, but are not limited to, maintenance of records necessary to
			 demonstrate compliance with this regulation. Emulsified asphalt shall be an
			 acceptable substitute for cutback asphalt.
(b) The use or application of cutback
			 asphalts may be approved where:
(1) the
			 liquified cutback asphalt is used to produce a plant-mix for sale and use
			 outside the areas as described in subsection (c);
(2) the liquified cutback asphalt is used in
			 a plant-mix or road-mix which is used only for filling potholes on emergency
			 road repair; or
(3) the cutback
			 asphalt is to be used only as an asphalt prime coat or an asphalt seal coat or
			 absorbent surfaces.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-70 - Leaks from gasoline delivery vessels and vapor collection systems

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) No person shall
			 load or permit the loading of gasoline from any bulk gasoline terminal (BGT)
			 loading rack into any gasoline delivery vessel (GDV) unless the BGT loading
			 rack is equipped with a vapor collection system that is connected to a vapor
			 processing system and unless this person complies with the requirements of this
			 regulation.
(b) The loading of
			 gasoline from a BGT into a GDV shall be carried out in compliance with the
			 following requirements.
(1) The level of
			 combustible organic vapors shall be less than 100 percent of the lower
			 explosive limit, measured as propane, at one inch around the perimeter of any
			 leak source on the GDV or the connected BGT vapor collection system during the
			 gasoline loading operation. Compliance shall be determined in accordance with
			 40 CFR Part 60, appendix A, reference method 21, revised as of July 1, 1986, or
			 an alternate method demonstrated to the satisfaction of the department to be
			 equivalent to that reference method.
(2) There shall not be any visible liquid
			 leaks from the GDV or the BGT vapor collection and processing system during the
			 gasoline loading operation.
(3)
			 The vapor collection and vapor processing system provided at the BGT shall be
			 designed and operated to prevent gauge pressure in the GDV from exceeding 18
			 inches of water and to prevent vacuum gauge pressure in the GDV from exceeding
			 six inches of water during the gasoline loading operation.
(4) The GDV being loaded shall be in
			 compliance with the requirements of subsection (c) of this regulation.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-71 - Printing operations

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The provisions
			 of this regulation shall apply to all packaging rotogravure, publication
			 rotogravure and flexographic printing facilities with potential contaminant
			 emission rate of volatile organic compounds (VOC) equal to or more than 100
			 tons per year. The potential contaminant emission rate calculations may include
			 federally enforceable permit restrictions.
(b) An owner or operator of an affected
			 facility may not operate, cause, allow or permit the operation of the facility
			 unless:
(1) the ink, as it is applied to the
			 substrate, contains:
(A) for a water borne
			 ink, a volatile content of 25.0 percent or less by volumeVOC and 75 percent or
			 more by volume water; and
(B) for
			 a high solids, solvent borne ink, less water, 60.0 percent or more by volume
			 solid fraction; or
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-72 - Gasoline dispensing facilities

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) No owner or
			 operator of a gasoline dispensing facility (GDF) or a gasoline delivery vessel
			 (GDV) shall cause or permit the transfer of gasoline from any GDV into any
			 stationary storage container with a capacity greater than 2000 gallons unless
			 such container is equipped with a submerged fill pipe and a vapor balance
			 system properly installed and in good working order.
(b) No owner or operator of a GDF or a GDV
			 shall cause or permit the transfer of gasoline from any GDV into any stationary
			 storage container with a capacity greater than 250 gallons, but equal to or
			 less than 2000 gallons, unless such container is equipped with a submerged fill
			 pipe.
(c) The transfer of gasoline
			 from any GDV into any stationary storage container at an affected GDF shall be
			 conducted in compliance with the following requirements:
(1) combustible organic vapors shall be less
			 than 100 percent of the lower explosive limit, measured as propane, at one inch
			 around the perimeter of any leak source on the GDV or the connected vapor
			 balance system during the gasoline transfer operation. Compliance shall be
			 determined in accordance with 40 CFR Part 60, appendix A, reference method 21,
			 as in effect July 1, 1986, or by a method demonstrated to the satisfaction of
			 the department to be equivalent to reference method 21;
(2) there shall not be any visible liquid
			 leaks from the GDV or connections to the stationary storage container during
			 the gasoline transfer operation:
(3) the GDV shall remain closed and contain
			 all vapors collected during the gasoline transfer operation until such time as
			 it is refilled in accordance with K.A.R. 28-19-70 if:
(A) refilled in areas which were identified
			 as not meeting the national ambient air quality standard for ozone as described
			 in subsection (h) of this regulation; or
(B) refilled at bulk gasoline terminals or
			 bulk gasoline plants located in areas meeting the national ambient air quality
			 standard for ozone as described also in subsection (h); and
(4) an owner or operator of an
			 affected GDF or an affected GDV shall, during all transfer operations to an
			 affected stationary storage container, inspect the vapor balance system and GDV
			 connections for liquid gasoline or vapor leaks. Leak detection may be by sight,
			 sound or odor. Each detection of a leak shall be recorded and described in
			 records maintained by the GDF owner or operator at the GDF. Transfer operations
			 shall cease until repair of the leak is accomplished.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-73 - Surface coating of miscellaneous metal parts and products and metal furniture

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The provisions
			 of this regulation shall be applicable to each miscellaneous metal parts and
			 products and metal furniture coating application system at those facilities
			 which have a VOC potential contaminant emmission rate equal to or greater than
			 three tons per year on a facility-wide basis. The VOC potential contaminant
			 emission rate of a facility shall be determined by:
(1) the maximum hourly production rate of
			 each coating application system; and
(2) the assumption that the facility operates
			 24 hours per day, 365 days per year provided that the facility's operating
			 hours are not otherwise limited by federally enforceable permit conditions.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-74 - Wool fiberglass manufacturing

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The provisions
			 of this regulation shall be applicable to each wool fiberglass manufacturing
			 facility which has a VOC potential contaminant emission rate equal to or
			 greater than 100 tons per year on a facility-wide basis. A facility's VOC
			 potential contaminant emissions rate shall be determined by:
(1) the facility owner or operator estimate
			 of the maximum hourly production rate of each wool fiberglass manufacturing
			 line; and
(2) assuming that the
			 facility operates 24 hours per day, 365 days per year.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-76 - Lithography printing operations

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The provisions
			 of this regulation shall apply to all offset lithography printing facilities
			 with a potential contaminant emission rate of volatile organic compounds (VOC)
			 equal to or more than 100 tons per year. The potential contaminant emission
			 rate calculations may include federally enforceable permit conditions.
(b) The provisions of this
			 regulation do not apply to:
(1) printing on
			 fabric, metal or plastic;
(2)
			 sheet fed lithographic presses with cylinder widths of 26 inches or less; or
(3) web lithographic presses with
			 cylinder widths of 18 inches or less.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-77 - Chemical processing facilities that operate alcohol plants or liquid detergent plants

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The provisions
			 of this regulation shall apply to any facility that:
(1) Uses, produces, or stores ethanol or
			 methanol;
(2) has a volatile
			 organic compound (VOC) potential contaminant emission rate of 100 tons per year
			 or greater;
(3) is located in an
			 area which has been identified as not meeting the national primary ambient air
			 quality standard for ozone in the manner prescribed by the provisions of the
			 federal clean air act, 42 U.S.C. 7407 as promulgated at 40 CFR Part 81, as in
			 effect July 1, 1989.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-80 - Power generation facility monitoring programs

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) On or before
			 December 31 of each year, the owner or operator of a power generation facility
			 who, for the purpose of consideration under the provisions of K.A.R. 28-19-81,
			 proposes to conduct any air quality or radiological environmental impact
			 monitoring of the facility shall submit to the department of health and
			 environment a report describing the activities proposed for the 12 month period
			 commencing on July 1 of the following year. The report shall include, at a
			 minimum, the following information:
(1) The
			 types of samples to be collected;
(2) the method of collecting the samples;
(3) the types of analyses to be
			 conducted on the samples;
(4) the
			 number and location of the sampling sites; and
(5) the sampling schedule.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-82 - Fee determination basis

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The fee to be
			 collected for determining and monitoring the environmental impact of a power
			 generation facility during any 12 month period included under the provisions of
			 K.A.R. 28-19-81(a) shall be determined upon the basis of the type of fuel used
			 to power the facility and the generating design capacity of the facility. The
			 maximum fee for any facility powered by coal or nuclear energy shall be based
			 on the following formula:
Impact Monitoring Fee = G.M. * C.M.y / T.G.M.y + G.Q.R. *
				C.Q.R.y / T.G.Q.R.y
When using the formula, the following values shall be used:
1. G.M. = the generating design
			 capacity for that particular facility which is monitored with sampling
			 equipment operated by the department of health and environment;
2. T.G.M.y = the sum of the generating design
			 capacities for all facilities in the state powered by the same type of fuel
			 that are monitored with identical sampling equipment operated by the department
			 of health and environment during the same 12 month period;
3. C.M.y = the sum of all the costs of the
			 department of health and environment during the same 12 month period for
			 operating identical sampling equipment at each power generation facility
			 powered by the same type of fuel;
4. G.Q.R. = the generating design capacity
			 for that particular facility where monitoring activities conducted by the owner
			 or operator are subject to quality review and evaluation by the department of
			 health and environment;
5.
			 T.G.Q.R.y = the sum of the generating design capacities for all facilities in
			 the state powered by the same type of fuel where monitoring activities
			 conducted by the owner or operator are subject to identical quality review and
			 evaluation by the department of health and environment during the same 12 month
			 period; and
6. C.Q.R.y = the sum
			 of the costs of the department of health and environment during the same 12
			 month period for providing identical quality review and evaluation of
			 monitoring activities conducted by the owner or operator at each power
			 generation facility powered by the same type of fuel.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-200 - General provisions; definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
All terms and abbreviations used in the Kansas air quality
				regulations shall have the following meanings, unless otherwise defined in an
				individual regulation or unless the context clearly requires otherwise.
(a) "Affected facility" or "facility" means
			 any building, structure, machine, equipment, device, or installation, or
			 combination thereof, to which an emissions limitation or standard applies.
(b) "Affected source" means a
			 stationary source that includes one or more affected units subject to emission
			 reduction requirements or limitations under title IV of the federal clean air
			 act, 42 U.S.C. § 7401 et seq., "acid deposition control."
(c) "Affected state" means any state:
(1) that is contiguous with Kansas and whose
			 air quality may be affected by emissions from a stationary source or proposed
			 stationary source in Kansas; or
(2) that is within 50 miles of a permitted
			 stationary source located in Kansas.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-200a - General provisions; definitions to implement the federal greenhouse gas tailoring rule

Current through Register Vol. 43, No. 28, July
			 11, 2024
(a) The
			 definition of "major source," as adopted by reference in this regulation, shall
			 supersede the definition of "major source" in K.A.R. 28-19-200 for the purposes
			 of the following regulations:
(1) K.A.R.
			 28-19-500 through K.A.R. 28-19-502 ;
(2) K.A.R. 28-19-510 through K.A.R. 28-19-518
			 ;
(3) K.A.R. 28-19-540 through
			 K.A.R. 28-19-546 ; and
(4) K.A.R.
			 28-19-561 through K.A.R. 28-19-564 .
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-204 - General provisions; permit issuance and modification; public participation

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The public
			 shall be provided the opportunity to participate in the permit development or
			 modification process prior to issuance of a construction permit for an affected
			 facility, a class I or class II operating permit, or a significant modification
			 of a class I or class II operating permit.
(b) Prior to the issuance of a permit or
			 permit modification which requires public participation or prior to any public
			 hearing held pursuant to K.S.A. 1993 Supp.
			 65-3008a, a notice shall be placed
			 in the Kansas Register and a newspaper of general circulation in the area where
			 the facility is, or will be located.
(c) The notice shall:
(1) identify the facility which is the
			 subject matter of the permit action, except in the case of a general permit;
(2) state the name and address of
			 the owner or operator of the facility, except in the case of a general permit;
(3) state the address of the
			 facility, except in the case of a general permit;
(4) describe the activity or activities
			 involved in the permit action;
(5)
			 describe the air emissions from any proposed new facility or involved in any
			 permit modification;
(6) state the
			 name, address and telephone number of a person from whom interested persons may
			 obtain additional information which is not confidential, including:
(A) copies of the proposed permit or permit
			 modification;
(B) the application;
(C) all relevant supporting
			 materials including any monitoring and compliance certification and compliance
			 plan; and
(D) all other materials
			 available to the department that are relevant to the permitting decision;
(7) state the
			 department's name and address;
(8)
			 include a brief description of the procedures for submitting written comments
			 including a date which is 30 or more days after the notice is first published
			 by which comments shall be submitted to the department; and
(9) include a statement of the procedures to
			 request a public hearing or specify the time and place of the public hearing if
			 a public hearing has been scheduled. If a public hearing has been scheduled,
			 notice of the hearing shall be published at least 30 or more days in advance of
			 the hearing.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-210 - Calculation of actual emissions

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Whenever
			 required to be determined by the Kansas air quality regulations, the quantity
			 of actual emissions from any emissions unit or stationary source shall be
			 calculated by the owner or operator of an emissions unit or stationary source
			 using:
(1) Data generated from continuous
			 monitoring systems as specified in subsection (c) of this regulation;
(2) approved emission factors as
			 specified in subsection (d) of this regulation;
(3) material balances as specified in
			 subsection (e) of this regulation;
(4) any other method specifically approved by
			 the department in writing, specified in a permit issued to the owner or
			 operator by the department for the particular emission unit or stationary
			 source using such method, or specified in the Kansas air quality regulations
			 for the particular emissions unit or stationary source;
(5) the potential to emit if the emission
			 unit or stationary source fails to qualify for any other method; or
(6) any combination of the above which most
			 accurately demonstrates actual emissions from each emissions unit.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-274 - Nitrogen oxides; allocations

Current through Register Vol. 43,
			 No. 28, July 11, 2024
(a)
(1) For
			 purposes of this regulation, the terms "allocate," "allocation," "TR
			 NOx annual allowance," "TR NOx
			 annual trading program," and "TR NOx annual unit" shall
			 have the meanings specified in
			 40 C.F.R.
			 97.402, as in effect on October 7, 2011.
			 These definitions are hereby adopted by reference.
(2)
(A) For
			 purposes of this regulation, each reference to "administrator" shall mean
			 "USEPA administrator."
(B) For
			 purposes of this regulation, each reference to "State" and each reference to
			 "permitting authority" shall mean "secretary of the Kansas department of health
			 and environment."
(C) For purposes
			 of this regulation, each reference to "§52.38" shall mean "
			 40 C.F.R.
			 52.38."
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-275 - Special provisions; acid rain deposition

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The provisions
			 of this regulation are in addition to any construction or operating permit
			 requirements specified elsewhere in the Kansas air quality regulations. For
			 stationary sources or emissions units subject to this regulation, the
			 requirements of this regulation take precedence in cases of conflicts with
			 other Kansas air quality regulations applicable to the stationary source or
			 emissions unit.
(b) Where
			 applicable, the terms used in the federal regulations adopted by reference
			 herein shall have the definition specified at
			 40 CFR
			 72.2 as in effect on July 1, 1994, with the
			 following exception. "Permitting authority" shall mean the secretary of health
			 and environment.
(c) 40 CFR part
			 72 as applicable to phase II of the federal acid rain program and as in effect
			 on July 1, 1994, is adopted by reference.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-300 - Construction permits and approvals; applicability

Current through
			 Register Vol. 43, No. 28, July 11, 2024
(a) Each person who proposes to construct or
			 modify a stationary source or emission unit shall obtain a construction permit
			 before beginning actual construction or modification if at least one of the
			 following conditions is met:
(1) The
			 potential-to-emit of the proposed stationary source or emission unit, or the
			 increase in the potential-to-emit resulting from the modification, equals or
			 exceeds any of the following:
(A) Either 25
			 tons of particulate matter per year or 15 tons of PM10 per year, except for any
			 agricultural-related activity, in which case the emission level shall be 100
			 tons of particulate matter per year, including PM10;
(B) 40 tons of sulfur dioxide or sulfur
			 trioxide, or a combination of these, per year;
(C) 100 tons of carbon monoxide per
			 year;
(D) 40 tons of volatile
			 organic compounds per year;
(E) 40
			 tons of oxides of nitrogen per year;
(F) 0.6 tons of lead or lead compounds per
			 year; or
(G) 10 tons of directly
			 emitted PM2.5 per year. For the purposes of this paragraph, "PM2.5" shall mean
			 particulate matter with an aerodynamic diameter less than or equal to a nominal
			 2.5 micrometers.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-301 - Construction permits and approvals; application and issuance

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Application for
			 a permit or approval to construct or modify a stationary source or emissions
			 unit shall be made by the owner or operator on forms provided or approved by
			 the department. The owner or operator may be required to furnish additional
			 information to determine compliance with the Kansas air quality regulations.
(b) A construction permit shall
			 not be issued to a source whose potential-to-emit equals or exceeds that
			 specified at K.A.R. 28-19-500(a) or K.A.R. 28-19-500(b) without first
			 satisfying the public participation requirements of K.A.R. 28-19-204.
(c) Each permit or approval issued
			 for the construction or modification of a source shall become void if the
			 construction or modification has not commenced within 18 months after permit
			 issuance or if the activity required to complete the modification or
			 construction has been discontinued for 18 months or more.
(d) No construction permit or approval shall
			 be issued if the department determines that the air contaminant emissions from
			 the source will interfere with the attainment or maintenance of any ambient air
			 quality standard that has been established under the provisions of the federal
			 clean air act, as amended, or under the provisions of state law.
(e) Each construction permit or approval that
			 is issued may be conditioned upon compliance by the owner or operator with any
			 special restrictions that are deemed necessary to insure compliance with these
			 regulations or otherwise prevent air pollution.
(1) The restrictions may include, but need
			 not be limited to, special requirements concerning methods of operation,
			 emissions limitations or control procedures to be implemented.
(2) Each restriction shall be in writing as
			 part of or as an attachment to, the permit or approval.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-302 - Construction permits and approvals; additional provisions; construction permits

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The owner or
			 operator of any source which is required to obtain a construction permit
			 pursuant to K.A.R. 28-19-16 through 28-19-16m, nonattainment area requirements,
			 or K.A.R. 28-19-17 through 28-19-17q, prevention of significant deterioration
			 requirements, shall comply with any applicable construction permit requirements
			 of the regulations in addition to the requirements set forth herein.
(b) The owner or operator submitting an
			 application for the construction of a new source or modification of an existing
			 source may request a federally enforceable operational restriction be included
			 in the construction permit which, either alone or in conjunction with a
			 federally enforceable permit condition regarding properly maintained and
			 operated air pollution control equipment, reduces the potential-to-emit of the
			 emissions unit or stationary source or otherwise results in avoidance of any
			 requirement of the federal clean air act. Such permit restriction shall meet
			 the requirements of K.A.R. 28-19-501(b) to be considered federally enforceable.
(c) Any owner or operator which
			 would otherwise be required to submit an application for the construction of a
			 new source may, in lieu of applying for a construction permit, request an
			 operational restriction be included in a construction approval which, either
			 alone or in conjunction with properly maintained and operated air pollution
			 control equipment, reduces the potential emissions of the source below the
			 threshold requiring a construction permit if:
(1) the potential-to-emit is less than the
			 threshold requiring a permit pursuant to any applicable requirements of:
(A) K.A.R. 28-19-16 through 28-19-16m,
			 nonattainment area requirements;
(B) K.A.R. 28-19-17 through 28-19-17c,
			 prevention of significant deterioration requirements;
(C) K.A.R. 28-19-510 et seq., class I
			 operating permits; and
(D) K.A.R.
			 28-19-540 et seq., class II operating permits;
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-303 - Construction permits and approvals; additional provisions; construction approvals

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) A construction
			 approval shall not contain conditions that allow a source to avoid any
			 requirement of the federal clean air act. Any person requesting an operational
			 restriction that would result in avoidance of a federal requirement shall apply
			 for and obtain a construction permit prior to the construction or modification
			 of the relevant stationary source or emissions unit.
(b) If the potential-to-emit of the proposed
			 construction or modification may cause or contribute to a violation of a
			 national ambient air quality standard, a construction approval shall not be
			 issued for the construction or modification of an emissions unit or stationary
			 source. An application for a construction permit shall be required for the
			 construction or modification.
(c)
			 A construction approval issued pursuant to this regulation, regarding an
			 emissions unit or stationary source which is subject to any requirement of the
			 Kansas air quality act or the federal clean air act, shall contain provisions
			 requiring operation of the emissions unit or stationary source in compliance
			 with all requirements of the Kansas air quality act and the federal clean air
			 act which are applicable to the emissions unit or stationary source.
(d) For purposes of the Kansas air quality
			 act, an approval issued pursuant to this regulation shall be considered to be
			 an approval to construct or modify an air contaminant emission stationary
			 source.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-304 - Construction permits and approvals; fees

Current through Register
			 Vol. 43, No. 28, July 11, 2024
An application for an approval or a permit shall not be
				reviewed until the department has received an application fee pursuant to the
				requirements of this regulation.
(a)
			 The fee for each construction approval application shall be $750.00.
(b) The fee for each construction permit
			 application shall be determined according to the following source categories:
(1) $4,000 for each of the following:
(A) Aircraft manufacturing;
(B) cellulosic organic fiber
			 manufacturing;
(C) chemical
			 manufacturing, except ethanol manufacturing;
(D) electric power generation with total
			 plantwide capacity at least 100 megawatts;
(E) fiberglass insulation
			 manufacturing;
(F)
			 foundries;
(G) glass and glass
			 product manufacturing;
(H)
			 hazardous waste and medical waste incinerators;
(I) pesticide, fertilizer, and other
			 agricultural chemical manufacturing;
(J) petroleum refineries;
(K) portland cement manufacturing;
(L) sulfuric and nitric acid manufacturing;
			 and
(M) tire
			 manufacturing;
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-325 - Compressed air energy storage

Current through Register Vol. 43,
			 No. 28, July 11, 2024
(a) The terms "compressed air energy storage"
			 and "CAES," as used in this regulation, shall mean the compression and storage
			 of air that is released and converted to energy for the production of
			 electricity.
(b) Each person who
			 proposes to construct, modify, or operate a CAES facility with a
			 potential-to-emit that equals or exceeds the emissions thresholds, emissions
			 limitations, or standards specified in K.A.R. 28-19-300 shall comply with the
			 following upon application for a construction permit or approval:
(1) All applicable provisions of the Kansas
			 air quality act and the Kansas air quality regulations as directed by the
			 secretary; and
(2) for underground
			 CAES facilities, any applicable regulations adopted by the Kansas corporation
			 commission pursuant to
			 K.S.A.
			 66-1274, and amendments thereto.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-350 - Prevention of significant deterioration (PSD) of air quality

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) PSD
			 requirements. The requirements of this regulation shall apply to the
			 construction of major stationary sources and major modifications of stationary
			 sources as defined in 40
			 C.F.R. 52.21 in areas of the state designated
			 as attainment areas or unclassified areas for any pollutant under the
			 procedures prescribed by section 107(d) of the federal clean air act, 42 U.S.C.
			 7407(d).
(b) Adoption by reference;
			 exceptions.
(1)
									40 C.F.R.
			 52.21, as revised on July 1, 2011 and as
			 amended by 76 fed. reg. 43507 (2011) and 77 fed. reg. 65118-65119 (2012), is
			 adopted by reference, except as specified in paragraph (b)(2).
(2) The following provisions of the federal
			 regulation adopted in paragraph (b)(1) are excluded from adoption:
(A) Plan disapproval, 52.21(a)(1);
(B) stack heights, 52.21(h);
(C) air quality analysis,
			 52.21(m)(1)(v);
(D) visibility
			 monitoring, 52.21(o)(3);
(E) public
			 participation, 52.21(q);
(F)
			 environmental impact statements, 52.21(s);
(G) disputed permits or redesignations,
			 52.21(t);
(H) delegation of
			 authority, 52.21(u); and
(I) permit
			 rescission, 52.21(w).
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-400 - General permits; general requirements

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) A general
			 permit applicable to a similar category of emissions units or stationary
			 sources required to obtain a permit by the Kansas air quality regulations may
			 be adopted by the department subject to the following conditions:
(1) the department determines there are a
			 sufficient number of potentially eligible sources to justify adoption of a
			 general permit;
(2) the general
			 permit requires compliance with all requirements of the Kansas air quality
			 statutes, Kansas air quality regulations, and federal clean air act which are
			 applicable to the category of sources covered by the general permit; and
(3) the general permit adoption
			 process complies with all procedures and requirements applicable to the
			 issuance of the corresponding class of construction or operating permit.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-401 - General permits; adoption by the secretary

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Any source that
			 is within the category of sources to which a general permit would apply may
			 petition the secretary to adopt a general permit applicable to that category of
			 sources.
(b) The petition for the
			 adoption of a general permit shall be made on forms provided or approved by the
			 department.
(c) Contents of the
			 petition shall include, but not be limited to:
(1) all information required in the
			 application for issuance of the class of construction or operating permit
			 applicable to the category of sources covered by the proposed general permit;
(2) a description of the category
			 of emissions units or stationary sources which would qualify for the general
			 permit; and
(3) an estimate, and
			 the basis for the estimate, of the number of stationary sources which would
			 qualify for the general permit.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-402 - General permits; availability of copies; lists of sources to which permits issued

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Any person may
			 obtain a copy of a general permit by making a request for a copy of the permit
			 from the department.
(b) Any owner
			 or operator who is constructing or operating an emissions unit or stationary
			 source pursuant to the terms of a general permit shall be specified on a list
			 maintained by the department stating:
(1) the
			 name of the owner or operator;
(2)
			 the category of emissions unit or stationary source operating pursuant to the
			 general permit; and
(3) the permit
			 number assigned by the department to the stationary source.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-403 - General permits; application to construct or operate pursuant to terms of general permit

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Any person may
			 apply to the department requesting authorization to construct or operate an
			 emissions unit or stationary source pursuant to the terms of a general permit
			 adopted by the secretary.
(b) The
			 application shall be on forms provided or approved by the department.
(c) The application shall include,
			 but not be limited to:
(1) information
			 necessary to determine whether the emissions unit or stationary source
			 qualifies for the general permit;
(2) a statement that the emissions unit or
			 stationary source shall remain in compliance with all conditions, limitations
			 and requirements of the general permit, and all other applicable requirements;
			 and
(3) submission of the
			 applicable application fee.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-404 - General permits; modification; revocation

Current through Register Vol. 43, No. 28, July 11,
			 2024
If a general permit is modified or revoked, the owner or
				operator of an emissions unit or stationary source which is authorized to
				operate pursuant to a general permit shall reapply for the general permit or
				submit a complete application for the appropriate permit within 12 months of
				the date of modification or revocation of the general permit unless a different
				time frame is specified by the department.