Current through Register Vol. 43, No. 39, September 26, 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.
(f) "Excessive concentration," for the
purpose of determining good engineering practice stack height under K.A.R.
28-19-18c(c), means:
(1) For sources seeking
credit for a stack height exceeding the stack height established under K.A.R.
28-19-18c(b)(1), a maximum ground-level concentration due to emissions from a
stack due in whole or part to downwash, wakes and eddy effects produced by
nearby structures or nearby terrain features which individually is at least 40
percent in excess of the maximum concentration experienced in the absence of
such effects and which contribute to a total concentration due to emissions
from all sources that is greater than an ambient air quality standard or
greater than a prevention of significant deterioration increment, for sources
subject to K.A.R. 28-19-17. The allowable emission rate to use in making
demonstrations under this part shall be prescribed by K.A.R. 28-19-83 et seq.
unless the owner or operator demonstrates that this emission rate is
infeasible. Where such demonstrations are approved by the department, an
alternative emission rate shall be established in consultation with the source
owner or operator;
(2) for sources
seeking credit after October 11, 1983 for increases in an existing stack height
up to the height established under K.A.R. 28-19-18c(b)(1), a maximum
ground-level concentration due in whole or part to downwash, wakes or eddy
effects produced by nearby structures or nearby terrain features which is
individually at least 40 percent in excess of the maximum concentration
experienced in the absence of these effects and which contributes to a total
concentration due to emissions from all sources that is greater than an ambient
air quality standard or greater than a prevention of significant deterioration
increment, for sources subject to K.A.R. 28-19-17. The emission rate to use in
making demonstration under this part shall be either:
(A) An emission rate specified by applicable
SIP (or, in the absence of such a limit, the actual emission rate); or
(B) the actual presence of a local
nuisance caused by the existing stack, as determined by the department; and
(3) for sources seeking
credit after January 12, 1979 for a stack height determined under K.A.R.
28-19-18c(b)(1), use of a field study or fluid modeling to verify good
engineering practice stack height shall be required by the department;
(A) for sources seeking stack height credit
after November 9, 1984 based on the aerodynamic influence of cooling towers;
and
(B) for sources seeking stack
height credit after December 31, 1970 based on the aerodynamic influences of
structures not represented adequately by K.A.R. 28-19-18c(b)(1), a maximum
ground-level concentration due in whole or part to downwash, wakes or eddy
effects that is at 40 percent in excess of the maximum concentration
experienced in the absence of these effects.
