Current through Register Vol. 43, No. 39, September 26, 2024
(a) Definition. For
purposes of this regulation, "hot mix asphalt facility" shall mean a facility
that meets both of the following conditions:
(1) The facility is used to manufacture hot
mix asphalt by heating and drying aggregate and mixing the aggregate with
asphalt cement.
(2) The facility
does not contain other emission sources that, alone or in combination with the
hot mix asphalt facility, would require the owner or operator of the source to
obtain a class I operating permit solely because of the facility's
potential-to-emit.
(b)
Applicability. The requirements of this regulation shall apply to each hot mix
asphalt facility that uses venturi scrubbers, a baghouse, or equivalent
particulate emission controls to limit particulate emissions to no more than
0.04 grains per dry standard cubic foot of exhaust gas.
(c) 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 a hot mix asphalt facility who
elects to operate pursuant to this regulation and K.A.R. 28-19-542 shall meet
all of the following requirements:
(1) Limit
production at the facility to not more than 250,000 tons of hot mix asphalt
during any consecutive 12-month period;
(2) maintain records demonstrating that the
production restrictions and particulate emission limits specified in this
regulation have not been exceeded;
(3) update the records monthly, not later
than the last day of the month following the month to which records relate;
(4) retain records on-site for at
least two years following 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 by K.A.R. 28-19-546.
(d) Reporting required.
(1) If at the end of any calendar quarter, a
facility has produced hot mix asphalt during the previous four consecutive
calendar quarters in an amount that exceeds 85% of any production restriction
specified in paragraph (c)(1) of this regulation, the owner or operator of the
facility shall report in writing to the department the actual production during
the previous four consecutive calendar quarters.
(2) The actual production shall be reported
in the units specified in paragraph (c)(1) 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.
(e) Notice of exceedance required.
(1) If at any time a hot mix asphalt facility
that the owner or operator has elected to operate pursuant to this regulation
exceeds the operational limitations of paragraph (c)(1) 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 paragraph (c)(1) 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 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
also file an application for any required operating permit within 180 days of
discovery of an exceedance of the provisions of paragraph (c)(1) of this
regulation.
(4) Compliance with
the requirements of this subsection shall not shield the owner or operator from
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.
(f) 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.
