Current through Register Vol. 43, No. 39, September 26, 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).
(c) Provisions adopted by reference; term
usage. When used in any provision adopted from
40 C.F.R.
52.21, each reference to "administrator"
shall mean the "secretary of health and environment or an authorized
representative of the secretary," except for the following:
(1) In subsections 52.21(b)(3)(iii)(a) and
52.21(b)(48)(ii), "administrator" shall mean both the "secretary of health and
environment" and the "administrator of USEPA."
(2) In subsections 52.21(b)(17),
52.21(b)(37)(i), 52.21(b)(43), 52.21(b)(48)(ii)(c), 52.21(b)(50)(i),
52.21(b)(51), 52.21(g), 52.21(i)(6-8), 52.21(l)(2), and 52.21(m)(1)(vii -
viii), "administrator" shall mean only the "administrator of USEPA."
(d) Internal references.
The following portions of 40 C.F.R. part 51 are hereby adopted
by reference:
(1) Subpart I, as
revised on July 1, 2011 and as amended by 76 fed. reg. 43507 (2011) and 77 fed.
reg. 65118 (2012);
(2) appendix S,
as revised on July 1, 2011 and as amended by 77 fed. reg. 65118 (2012);
and
(3) appendix W, as revised on
July 1, 2011.
(e)
Definitions. For the purposes of this regulation, the following definitions
shall apply:
(1) "Act" shall mean the federal
clean air act, 42 U.S.C. 7401 et seq.
(2) "Class I, II or III area" shall mean a
classification assigned to any area of the state under the provisions of
sections 162 and 164 of the act, 42 U.S.C. 7472 and 7474, and amendments
thereto.
(3) "State" shall mean the
state of Kansas, unless the context clearly indicates otherwise.
(f) Ambient air ceiling
protection. In relation to ambient air ceilings, the following requirements
shall apply:
(1) Except as stated in paragraph
(f)(2) of this regulation, a permit shall not be issued for any new major
stationary source or major modification as defined in
40 C.F.R.
52.21(b) if the source or
modification will be located in an attainment area or an unclassifiable area
for any national ambient air quality standard and if the source or modification
would cause or contribute to a violation of any national ambient air quality
standard. A major source or major modification shall be considered to cause or
contribute to a violation of a national ambient air quality standard if the air
quality impact of the source or modification would exceed the following levels
at any locality that does not or would not meet the applicable national
standard:
|
Averaging Time |
| Pollutant | Annual | 24
hrs. | 8 hrs. | 3
hrs. | 1 hr. |
| Sulphur dioxide | 1.0
µg/m3 | 5
µg/m3 | -------- | 25
µg/m3 | -------- |
| PM10 | 1.0
µg/m3 | 5
µg/m3 | -------- | -------- | -------- |
| 0.3 µg/m3 | 1.2
µg/m3 | -------- | -------- | -------- |
| 1.0
µg/m3 | -------- | -------- | -------- | -------- |
| -------- | -------- | 0.5
µg/m3 | -------- | 2
µg/m3 |
(2) A
permit may be granted for a major stationary source or major modification as
identified in paragraph (f)(1) of this regulation if the impact of the major
stationary source's or major modification's emissions upon air quality is
reduced by a sufficient amount to compensate for any adverse impact at the
location where the major source or modification would otherwise cause or
contribute to a violation of any national ambient air quality standard.
Subsection (f) shall not apply to a major stationary source or major
modification with respect to a particular pollutant if the owner or operator
demonstrates that the source is located in an area that has been identified as
not meeting either the national primary or secondary ambient air quality
standard for that particular pollutant.
(g) Stack height requirements. K.A.R.
28-19-18 through K.A.R. 28-19-18f, regarding stack height requirements, shall
apply to the sources subject to this regulation.
(h) Application required. Each application
for a PSD permit shall be submitted by the owner or operator on the forms
provided or approved by the department. K.A.R. 28-19-300 through K.A.R.
28-19-304, regarding construction permit and approval requirements, shall apply
to the sources subject to this regulation.
(i) Impact on federal class I areas;
notification required. If the emissions from any proposed major stationary
source or major modification subject to this regulation will affect any air
quality-related values in any federal class I area, a copy of the permit
application for the source or modification shall be transmitted by the
secretary or an authorized representative of the secretary to the administrator
of USEPA through the appropriate regional office. The administrator, through
the appropriate regional office, shall also be notified of every action taken
concerning the application.
(j)
Permit suspension or revocation. Any permit issued under this regulation may be
suspended or revoked by the secretary upon a finding that the owner or operator
has failed to comply with any requirement specified in the permit or with any
other statutory or regulatory requirement. This subsection shall not be
interpreted to preclude any other remedy provided by law to the
secretary.
(k) Public participation
requirements. In addition to the requirements of K.A.R. 28-19-204, the
following public participation requirements shall be met before issuance of the
permit:
(1) The public notice shall include
the following:
(A) A statement specifying the
portion of the applicable maximum allowable increment that is expected to be
consumed by the source or modification; and
(B) a statement that the federal land manager
of any adversely impacted federal class I area has the opportunity to provide
the secretary with a demonstration that the emissions from the proposed source
or modification will have an adverse impact on air quality-related values in
the federal class I area.
(2) A copy of the public notice shall be
mailed to the following:
(A) The
applicant;
(B) the administrator of
USEPA through the appropriate regional office;
(C) any state or local air pollution control
agency having jurisdiction in the air quality control region in which the new
or modified installation will be located;
(D) the chief executives of the city and
county where the source will be located;
(E) any comprehensive regional land use
planning agency having jurisdiction where the source will be located;
and
(F) any state, federal land
manager, or Indian governing body whose lands will be affected by emissions
from the new construction or modification.
(3) In addition to those materials required
to be available for public review at the appropriate district office or local
agency, a summary analysis and discussion of those materials as they relate to
establishing compliance with the requirements of this regulation shall be made
available for public review.
(4)
Copies of all comments received and the written determination of the secretary
shall be made available for public inspection at the appropriate district
office or local agency.
