Current through Register Vol. 43, No. 39, September 26, 2024
(a) Definition. For
the purposes of this regulation, "organic solvent evaporative source" shall
mean each stationary source that meets both of the following conditions:
(1) The owner or operator of the stationary
source purchases or uses materials that contain volatile organic compounds,
hazardous air pollutants, or both, that are used in cleaning solvents, printing
operations, adhesives, or surface coatings.
(2) The stationary source does not contain
emission units, other than organic solvent evaporative sources, that, alone or
in combination with all organic solvent evaporative sources, would require the
owner or operator of the source to obtain a class I operating permit solely
because of the source's potential-to-emit.
(b) Applicability. The requirements of this
regulation shall apply to each organic solvent evaporative source for which the
owner or operator elects to limit the source's purchase or use of materials
during any consecutive 12-month period to meet all of the following criteria:
(1) The materials contain less than a total
of 90 tons of volatile organic compounds.
(2) The materials contain less than a total
of 22.5 tons of any combination of hazardous air pollutants.
(3) The materials contain less than a total
of nine tons of each single hazardous air pollutant.
(c) Presumption. Each organic solvent
evaporative source that uses, or for which the owner or operator purchases, in
any consecutive 12-month period materials that contain less than a total of
nine tons of volatile organic compounds or hazardous air pollutants, or both,
shall be presumed to have a potential-to-emit of less than 100 tons of volatile
organic compounds per year, less than 25 tons of any combination of hazardous
air pollutants per year, and less than 10 tons of a single hazardous air
pollutant per year.
(d) Operating
conditions. In lieu of obtaining a class I permit under K.A.R. 28-19-500 or a
class II permit under K.A.R. 28-19-540, each owner or operator of any organic
solvent evaporative source who elects to operate pursuant to this regulation
and K.A.R. 28-19-542 shall meet all of the following requirements:
(1) Limit the purchase or use of materials
that contain volatile organic compounds, hazardous air pollutants, or both, to
the amounts specified in subsection (b) of this regulation;
(2) maintain records of the materials
containing volatile organic compounds or hazardous air pollutants, or both,
that were either purchased or used by the source, to demonstrate that the
restrictions specified in subsection (b) of this regulation have not been
exceeded;
(3) update the required
records monthly, not later than the last day of the month following the month
to which the records relate;
(4)
retain the required records on-site for at least two years from the date of
record, unless an alternative record storage location is authorized by the
secretary in writing; and
(5)
submit an annual emission report to the department as required in K.A.R.
28-19-546.
(e)
Reporting required.
(1) Each owner or
operator of an organic solvent evaporative source who has purchased or used
materials containing volatile organic compounds or hazardous air pollutants, or
both, shall report in writing to the department the amount of materials
purchased or used during the previous four consecutive calendar quarters if, at
the end of any calendar quarter, the actual amount of materials purchased or
used by the source contain volatile organic compounds and hazardous air
pollutants exceeding any of the following levels:
(A) A total of 76.5 or more tons of volatile
organic compounds;
(B) a total of
19.1 or more tons of any combination of hazardous air pollutants; or
(C) a total of 7.7 or more tons of each
single hazardous air pollutant.
(2) The actual amount purchased or used shall
be reported in the units specified in subsection (b) of this regulation.
(3) The report shall be submitted
to the department within 45 days of the last day of the last calendar quarter
that is the subject of the reporting requirements of this subsection.
(f) Notice of
exceedance required.
(1) If at any time an
organic solvent evaporative source that the owner or operator has elected to
operate pursuant to this regulation exceeds the operational limitations
specified in subsection (b) of this regulation, the owner or operator shall
notify the department in writing by mailing or delivering the notice on or
before the first working day following discovery of the exceedance.
(2) Within 60 days of the discovery of the
exceedance of any limitations of subsection (b) of this regulation, the owner
or operator shall submit to the department a written compliance plan
identifying those actions being taken and to be taken by the owner or operator
to ensure future compliance with the applicable requirements or to otherwise
bring the source into compliance with this regulation, any other applicable
Kansas air quality regulations, and the Kansas air quality statutes.
(3) The owner or operator shall file an
application for any required operating permit within 180 days of discovery of
an exceedance of the provisions of subsection (b) of this regulation.
(4) Compliance with the
requirements of this subsection shall not shield the owner or operator from any
enforcement action for exceeding any applicable requirement or for other
violations of the Kansas air quality act or regulations.
(5) The timeliness of the required
notifications, compliance plan submittals, and applications shall be determined
by the postmark, if submitted by mail.
(g) Other applicable requirements. Each
source that the owner or operator elects to operate in accordance with this
regulation shall continue to be subject to all other applicable requirements of
the Kansas air quality statutes and regulations.
