Current through Register Vol. 43, No. 39, September 26, 2024
(a) The owner or
operator of an emissions unit or stationary source may request an operational
permit restriction or a permit condition requiring the use of air pollution
control equipment, or both, which reduce the potential-to-emit of an emissions
unit or stationary source.
(b)
Operational restrictions specified in an operating permit shall reduce the
potential-to-emit of an emissions unit or stationary source if:
(1) all restrictions imposed in the operating
permit are at least as stringent as any other applicable limitations or
restrictions contained in the state implementation plan;
(2) the restrictions do not waive, or make
less stringent, any limitations, restrictions or requirements contained in or
issued pursuant to the state implementation plan or that are otherwise
federally enforceable; and
(3) the
restrictions are permanent, quantifiable and otherwise enforceable as a
practical matter.
(c)
The owner or operator of an emissions unit or stationary source which is
subject to operational restrictions set forth in a class I or class II
operating permit, except as otherwise specifically required, shall maintain at
the stationary source records demonstrating that the operational restrictions
imposed have not been exceeded. Records shall be updated monthly, no later than
the last day of the following calendar month.
(1) If, at the end of any calendar quarter,
the monitored operational parameters demonstrate that actual operations have
exceeded 85% of the operational restrictions for the past four calendar
quarters, including the most recently completed calendar quarter, the owner or
operator shall report the actual operations to the department for that period
of time. The actual operations shall be reported in the same units as the
operational restrictions specified in the operating permit. The report shall be
submitted to the department within 45 days of the last day of the month
following the conclusion of the calendar quarter.
(2) Exceeding operational restrictions.
(A) If, at any time, the actual operations of
the emissions unit or stationary source exceed the operational restrictions
specified in the operating permit, the owner or operator shall notify the
department in writing, the notice to be mailed or delivered the first working
day following discovery of exceeding any operating permit operational
restriction.
(B) Within 60 days of
discovery of exceeding the operational restrictions, the owner or operator of
the stationary source shall submit to the department a compliance plan, signed
by a responsible official, stating those actions being taken by the owner or
operator to assure future compliance with the operational restrictions or to
otherwise bring the stationary source into compliance with the permit or the
Kansas air quality statutes and regulations.
(C) If appropriate, the owner or operator
shall also file the appropriate application for a permit modification or a
class I operating permit within 180 days of discovery of exceeding any
operating permit operational restriction.
(D) Compliance with the requirements of
subsection (c)(2) of this regulation does not shield the owner or operator from
enforcement action for exceeding any operating permit operational restriction
or for other violations of the Kansas air quality act or regulations.
(d) Except
as otherwise authorized by the Kansas air quality regulations or the operating
permit issued to the source, air pollution control equipment identified in an
operating permit shall reduce the potential-to-emit of an emissions unit or
stationary source, either alone or in conjunction with an operational
restriction, if the owner or operator of the emission unit or stationary
source:
(1) continuously operates the air
pollution control equipment while operating the associated emissions unit or
units;
(2) develops, implements
and maintains on-site a written maintenance plan to assure proper operation of
the air pollution control equipment; and
(3) maintains a log showing the date of all
routine or other maintenance, malfunction or repair of the air pollution
control equipment, the nature of the action taken on such date, and any
corrective action or preventative measures taken.
(e) Except in the case of a permit-by-rule
issued pursuant to K.A.R. 28-19-542, when calculating the potential-to-emit,
reductions in emissions due to operational restrictions or to air pollution
control equipment shall reduce the potential-to-emit only if:
(1) the provisions of K.A.R. 28-19-204 have
been satisfied;
(2) notice
soliciting comments on the proposed restrictions is:
(A) given to the USEPA;
(B) placed in the Kansas Register; and
(C) except in the case of a
general permit, placed in a newspaper of general circulation in the area in
which the emissions unit or stationary source is, or will be, located, at least
30 days prior to issuance of the operating permit; and
(3) the USEPA is provided, in a timely
manner, with a copy of the proposed and final class II operating permit.
