Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 19 - AMBIENT AIR QUALITY STANDARDS AND AIR POLLUTION CONTROL › Section 28-19-18b - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
The following words and terms when used in
				K.A.R.
				28-19-18 through
				28-19-18f, shall have the
				following meanings:
(a) "Stack" means
			 any point in a source designed to emit solids, liquids or gases into the air,
			 including a pipe or duct but not including flares.
(b) "Stack height" is the distance from the
			 ground level elevation at the base of the stack to the elevation of the stack
			 outlet.
(c) "Stack in existence"
			 means that, before the date specified in K.A.R. 28-19-18a(b) and
			 28-19-18c(b)(1)(A), the owner or operator had begun or caused to begin a
			 continuous program of physical on-site construction of the stack, to be
			 completed within a reasonable time, or had entered into binding agreements or
			 contractual obligations, which could not be cancelled or modified without
			 substantial loss to the owner or operator, to undertake a program of
			 construction of the stack to be completed within a reasonable time.
(d) "Nearby" is the distance up to five times
			 the lesser of the height or the width dimension of a structure but not greater
			 than 0.8 km for the purpose of applying the formula in K.A.R.
			 28-19-18c(b)(1)(A). For conducting demonstrations under K.A.R. 28-19-18d,
			 nearby is a distance not greater than 0.8 km. However, a portion of a terrain
			 feature may be considered to be nearby when it falls within a distance of up to
			 10 times the maximum height (HT) of the feature, not to exceed 3.2 km, if such
			 feature achieves a height (Ht), within 0.8 km from the stack, that is at least
			 40 percent of the good engineering practice stack height determined by the
			 formulas provided in K.A.R. 28-19-18c(b)(1)(B) or 26 meters, whichever is
			 greater. The height of the structure or terrain feature shall be measured from
			 the ground level elevation at the base of the stack.
(e) "Dispersion technique" means any
			 technique which attempts to affect the concentration of a pollutant in the
			 ambient air by:
(1) using the portion of a
			 stack which exceeds good engineering practice stack height;
(2) varying the rate of emission of a
			 pollutant according to atmospheric conditions or ambient concentrations of that
			 pollutant; or
(3) increasing final
			 exhaust gas plume rise by manipulating source process parameters, exhaust gas
			 parameters, stack parameters, combining exhaust gases from several existing
			 stacks into one stack or other selective handling of exhaust gas streams. This
			 shall not include:
(A) The reheating of a gas
			 stream, following use of a pollution control system to return the gas to the
			 temperature at which it was originally discharged from the facility generating
			 the gas stream;
(B) the merging of
			 exhaust gas streams where:
(i) The source
			 owner or operator demonstrates that the facility was originally designed and
			 constructed with such merged gas streams; or
(ii) after July 8, 1985, the merging is part
			 of a change in operation at the facility that includes the installation of
			 pollution controls and is accompanied by a net reduction in the allowable
			 emissions of a pollutant. The exclusion from the definition of "dispersion
			 techniques" shall apply only to the emission limitation for the pollutant
			 affected by this change in operation; or
(iii) before July 8, 1985, the merging was
			 part of a change in operation at the facility that included the installation of
			 emissions control equipment or was carried out for sound economic or
			 engineering reasons. Where there was an increase in the emission limitation or,
			 in the event that no emission limitation was in existence prior to the merging,
			 an increase in the quantity of pollutants actually emitted prior to the
			 merging, merging shall be presumed to be motivated by an intent to gain
			 emissions credit for greater dispersion. The department shall deny credit for
			 the effects of this merging in calculating the allowable emissions for the
			 source in the absence of an appropriate demonstration by the source owner or
			 operator;
(C) smoke
			 management in agricultural or silvicultural prescribed burning programs;
(D) episodic restrictions on
			 residential wood burning and open burning; or
(E) techniques under K.A.R. 28-19-18b(e)(3)
			 which increase final exhaust gas plume rise and which result in an allowable
			 emission of sulfur dioxide from the facility that does not exceed 5,000 tons
			 per year.