Current through Register Vol. 43, No. 39, September 26, 2024
(a) The following
test methods shall be approved for demonstrating compliance or non-compliance
with an appropriate emission standard or limitation:
(1) those test methods specified at 40 CFR
part 60, appendix A, as in effect on July 1, 1993;
(2) those test methods specified at 40 CFR
part 60, appendix B, as in effect on July 1, 1993;
(3) those test methods specified at 40 CFR
part 60, appendix F, as in effect on July 1, 1993;
(4) those test methods specified at 40 CFR
part 60, appendix J, as in effect on July 1, 1993;
(5) those test methods specified at 40 CFR
part 61, appendix B, as in effect on July 1, 1993;
(6) those test methods specified at 40 CFR
part 51, as in effect on July 1, 1993;
(7) those test methods specified at 40 CFR
part 63, appendix A, as in effect on July 1, 1993;
(8) any alternative or miscellaneous test
procedures currently approved by the USEPA and published in the federal
register prior to the effective date of this regulation;
(9) 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 on July 1, 1994;
(10) ASTM D 1200-06.01 standard test method
for determining the viscosity of paints and related coatings by the Ford
viscosity cup test, as in effect on July 1, 1994;
(11) ASTM D 3794-06.01 standard test method
for determining the viscosity of coil coatings by the Zahn cup method test, as
in effect on July 1, 1994;
(12)
ASTM D 1475-60 standard test method for determining the density of paint,
varnish, lacquer and related products, as in effect on July 1, 1994;
(13) ASTM D 2369-81 standard test method for
determining the volatile content of coatings using a one hour bake, as in
effect on July 1, 1994;
(14) ASTM
D 3792-79 standard test method for determining the water content of water
reducible paint by direct injection into a gas chromatograph, as in effect on
July 1, 1994;
(15) ASTM D 4017-81
standard test method for determining the water content in paints by the Karl
Fischer titration method, as in effect on July 1, 1994;
(16) ASTM D-244-83 standard methods of
testing emulsified asphalts, as in effect on July 1, 1994;
(17) ASTM D-323-82 vapor pressure of
petroleum products (Reid method), as in effect on July 1, 1994;
(18) ASTM D-97-66 test for pour point of
petroleum oils, as in effect on July 1, 1994;
(19) the procedures in 40 CFR, Part 80,
Appendix D, as in effect on July 1, 1993, for the sampling of reid vapor
pressure of gasoline to be used as a fuel for motor vehicles;
(20) the procedures in 40 CFR, Part 80,
Appendix E, as in effect on July 1, 1993, for the testing of reid vapor
pressure of gasoline to be used as a fuel for motor vehicles; and
(21) an alternate sampling or testing
procedure approved by the department and developed or approved by the U.S.
environmental protection agency as an equivalent or improved procedure.
(b) Notwithstanding any
other provision of these regulations, data from continuous emission monitoring
systems may be used for purposes of determining compliance with any emission
limitation or standard only if:
(1) the
emissions are from an affected source and the continuous emission monitoring
system is subject to, and in compliance with, the requirements of 40 CFR part
75; or
(2) the continuous emission
monitoring system is not subject to 40 CFR part 75 and:
(A) a written quality assurance and quality
control plan is maintained by the owner or operator of the emission source;
(B) the plan includes the more
stringent of either all recommendations of the manufacturer or manufacturers of
the continuous emission monitoring system components or all applicable quality
assurance and quality control requirements required by any state or federal
regulation or air quality permit;
(C) the owner or operator maintains records
demonstrating adherence to the quality assurance and quality control plan; and
(D) the quality assurance and
quality control plan is reviewed and updated annually.
Data from a continuous emission monitoring system which
satisfies the requirements of this subsection and which demonstrates compliance
with the relevant emission limitation or standard, shall create a rebuttable
presumption of compliance with the relevant emission limitation or standard.
(c)
Notwithstanding any other provisions of these regulations, data which
demonstrates non-compliance with an emission limitation or standard shall
create a rebuttable presumption of non-compliance if the data is from
continuous emission monitoring systems or any other sampling or monitoring
protocols, and the systems or protocols are required by:
(1) any applicable requirement;
(2) any air quality regulation;
(3) any compliance plan;
(4) any order or consent agreement issued
pursuant to the authorities specified in the Kansas air quality act;
(5) the provisions of any air quality
construction or operating permit; or
(6) any other provision or authority of the
Kansas air quality act or air quality regulation.
(d) Notwithstanding any other provision of
this regulation, any credible evidence may be used for the purpose of
establishing non-compliance with an emission limitation or standard.
(e) Notwithstanding any other provision of
these regulations, the owner or operator is not prohibited from using the
following in addition to any specified compliance methods for the purpose of
submission of compliance certifications:
(1)
an enhanced monitoring protocol approved by the department; or
(2) any other monitoring method approved for
the source incorporated into any federally enforceable operating permit.
