Current through Register Vol. 43, No. 39, September 26, 2024
(a) Applications
for class I operating permits and renewals of class I operating permits shall
be submitted in writing on forms provided or approved by the department.
(1) The original and two copies of the
application, including all supporting documentation, shall be submitted to the
department.
(2) An additional copy
shall be submitted for each affected state.
(b) Except as provided in paragraph (h) of
this regulation, an application for a class I operating permit shall include,
but is not limited to, the following information:
(1) identifying information, including:
(A) company name and address or plant name
and address if different from the company name;
(B) the owner's name and agent;
(C) the name and address of the responsible
official; and
(D) the telephone
number and names of plant site manager or contact person;
(2) a description of the stationary source's
processes and products, by standard industrial classification code, including
any associated with each alternate scenario identified by the applicant;
(3) all emissions, including
fugitive emissions, of pollutants for which the source is major and all
emissions, including fugitive emissions, of regulated pollutants.
(A) A permit application shall describe all
emissions of regulated pollutants emitted from any emissions unit, except for
insignificant activities, a list of which shall be maintained by the
department, or insignificant emission levels.
(B) For insignificant activities which are
exempt because of size or production rate, a list of such insignificant
activities shall be included in the application.
(C) Information regarding an insignificant
activity or emission shall not be omitted if the information is necessary to
determine whether an applicable requirement applies or should be imposed.
(D) Additional information related
to the emissions of air pollutants sufficient to verify which requirements are
applicable to the source may be required by the department.
(E) For purposes of this subsection,
insignificant emission levels include those from emissions units which do not
have a potential-to-emit in excess of the following and for which no applicable
requirement exits:
(i) the de minimis level
for any hazardous air pollutant;
(ii) one hundred tons per year of carbon
monoxide;
(iii) forty tons per
year of nitrogen oxides;
(iv)
forty tons per year of sulfur dioxide;
(v) twenty-five tons per year of particulate
matter emissions;
(vi) fifteen
tons per year of PM10 emissions;
(vii) forty tons per year of volatile organic
compounds; or
(viii) 0.6 tons per
year of lead;
(4) identification and description of all
points of emissions described in paragraph (b)(3) of this regulation in
sufficient detail to establish the applicability of requirements of the Kansas
air quality act;
(5) emissions
rates stated in tons per year and in such terms as are necessary to establish
compliance consistent with any applicable standard reference test methods;
(6) the following information to
the extent it is needed to determine or regulate emissions:
(A) fuels;
(B) fuel use;
(C) raw materials;
(D) production rates; and
(E) operating schedules;
(7) identification and description
of air pollution control equipment and compliance monitoring devices or
activities;
(8) limitations on
source operations affecting emissions or any work practice standards, where
applicable, for all regulated pollutants at the emissions unit or stationary
source;
(9) any other information
required by any applicable requirement, including information related to stack
height limitations developed pursuant to K.A.R. 28-19-18 through 28-19-18f;
(10) calculations on which the
information in paragraphs (b)(3) through (b)(9) of this regulation is based;
(11) the citation and a
description of all applicable requirements and a description of or reference to
any applicable test method for determining compliance with each applicable
requirement;
(12) other specific
information that may be necessary to implement and enforce other applicable
requirements or to determine the applicability of such requirements;
(13) an explanation of any proposed
exemptions from otherwise applicable requirements;
(14) additional information as determined to
be necessary by the department to define alternative operating scenarios
identified by the applicant or to define other permit terms and conditions;
(15) a statement of whether the
stationary source is obligated to register and submit a risk management plan
pursuant to section 112(r) of the federal clean air act and, if so, whether the
required submittal has been prepared and submitted to the appropriate
authorities;
(16) a compliance
plan for all emissions units or stationary sources. These compliance plan
content requirements shall also be applicable to affected sources under title
IV, acid deposition control, of the federal clean air act unless specifically
superseded by statute or regulation. A compliance plan shall contain all of the
following:
(A) a description of the
compliance status of the emissions unit or stationary source with respect to
all applicable requirements;
(B) a
description as follows:
(i) for applicable
requirements with which the emissions unit or stationary source is in
compliance, a statement that the emissions unit or stationary source will
continue to comply with such requirements;
(ii) for applicable requirements that will
become effective during the permit term, a statement that the emissions unit or
stationary source will meet such requirements on a timely basis;
(iii) for requirements for which the
emissions unit or stationary source is not in compliance at the time of permit
issuance, a narrative description of how the emissions unit or stationary
source will achieve compliance with such requirements;
(iv) for any source that fails to verify in
its application pursuant to K.A.R. 28-19-511(b)(15) that it has submitted a
risk management plan in accordance with section 112(r) of the federal clean air
act, a statement that the source will submit the required plan by a date
specified in the permit;
(C) a compliance schedule as follows:
(i) for applicable requirements with which
the emissions unit or stationary source is in compliance, a statement that the
emissions unit or stationary source will continue to comply with such
requirements;
(ii) for applicable
requirements that will become effective during the permit term, a statement
that the emissions unit or stationary source will meet such requirements on a
timely basis. A statement that the emissions unit or stationary source will
comply in a timely manner with any applicable requirements that become
effective during the permit term shall satisfy this provision, unless a more
detailed schedule is expressly required by the applicable requirement;
(iii) a schedule of compliance for
emissions units or stationary sources that are not in compliance with all
applicable requirements at the time of permit issuance. The schedule shall
include a schedule of remedial measures, including an enforceable sequence of
actions with milestones, leading to compliance with any applicable requirements
for which the emissions unit or stationary source will be in noncompliance at
the time of permit issuance. This compliance schedule shall resemble and be at
least as stringent as that contained in any judicial consent decree or
administrative order to which the emissions unit or stationary source is
subject. Any such schedule of compliance shall be supplemental to, and shall
not sanction noncompliance with, the applicable requirements on which it is
based;
(D) a schedule
for submission of certified progress reports no less frequently than every 6
months for emissions units or stationary sources required to have a schedule of
compliance to remedy a violation; and
(E) a statement that failure to comply with
any term of a compliance plan or compliance schedule shall be considered a
violation of this regulation; and
(17) requirements for compliance
certification, including the following:
(A) a
certification of compliance with all applicable requirements by a responsible
official consistent with paragraph (e) of this regulation and
K.S.A.
65-3008(b) and amendments
thereto;
(B) a statement of
methods used for determining compliance, including a description of monitoring,
recordkeeping, and reporting requirements and test methods;
(C) a schedule for submission of compliance
certifications during the permit term, to be submitted no less frequently than
annually, or more frequently if specified by the underlying applicable
requirement or the department;
(D)
a statement indicating the compliance status of the emission unit or stationary
source with any applicable enhanced monitoring requirements and applicable
compliance certification requirements; and
(E) a statement indicating that the
stationary source is properly implementing any required risk management plan in
accordance with section 112(r) of the federal clean air act.
(c) The owner or
operator of the stationary source shall provide additional information
requested by the department.
(d)
The owner or operator of the stationary source may apply for restrictions of
operating hours or restrictions on the type or amount of material combusted,
stored or processed. The restrictions may be incorporated into the class I
operating permit. The calculation of the potential-to-emit of the stationary
source shall take into consideration such operational restrictions if the
procedures set out at K.A.R. 28-19-501 were followed during the issuance of the
construction or class I operating permit.
(e) Any application form, report, or
compliance certification submitted pursuant to these regulations shall contain
certification by a responsible official of truth, accuracy, and completeness.
This certification and any other certification required under the Kansas air
quality act, and regulations promulgated thereunder, shall state that, based on
information and belief formed after reasonable inquiry, the statements and
information in the document are true, accurate, and complete.
(f) Any person who fails to submit any
relevant facts or who has submitted incorrect information in a permit
application shall, upon becoming aware of such failure or incorrect submittal,
promptly submit such supplementary facts or corrected information. In addition,
an applicant shall provide additional information as necessary to address any
requirements that become applicable to the stationary source after the date a
complete application was filed but prior to the solicitation of public comments
regarding the proposed permit.
(g)
Failure to comply with any term of a compliance plan or compliance schedule
shall be considered a violation of this regulation.
(h) For any non-major or area source required
to obtain a class I operating permit, an application shall address only the
applicable requirements applicable to emission units that cause the source to
require a class I operating permit. These non-major or area sources shall be
subject to an application fee of $50.00 in lieu of the requirements of K.A.R.
28-19-516.
