Current through Register Vol. 43, No. 39, September 26, 2024
(a) Any stationary
source, or group of stationary sources, that would be classified as a major
source based on the potential-to-emit may operate according to this regulation
in lieu of obtaining an individual class I or class II operating permit, if the
source is operated in compliance with subsections (d), (e), (f), and (g) and
with either subsection (b) or subsection (c). Sources that are required to
obtain a class I or class II operating permit based on criteria other than
potential-to-emit shall not be eligible to operate under this
regulation.
(b) Any stationary
source or group of stationary sources that has actual emissions not exceeding
25 percent of the major source threshold, as defined in
K.A.R.
28-19-200, may operate according to this
subsection, if the source meets all of the following conditions:
(1) The stationary source is not otherwise
required to obtain a class I operating permit.
(2) The owner or operator of the stationary
source notifies the department, in writing, that it elects to operate the
source under this regulation.
(3)
The actual emissions of each regulated pollutant, for every consecutive
12-month period during which the stationary source is operated under this
regulation, do not exceed 25 percent of the major source threshold.
(4) The owner or operator of the stationary
source maintains records, as specified in subsection (h), that demonstrate
compliance with the 25 percent actual emissions limitation.
(5) The owner or operator updates the records
required by paragraph (b)(4) at least monthly and maintains the records on-site
for at least two years from the date of record.
(c) Any stationary source or group of
stationary sources with actual emissions not exceeding 50 percent of the major
source threshold, as defined in
K.A.R.
28-19-200, may operate according to this
subsection if the source meets all of the following conditions:
(1) The stationary source is not otherwise
required to obtain a class I operating permit.
(2) The owner or operator of the stationary
source has submitted to the department an application to operate under the
terms of this regulation and the appropriate fee specified in
K.A.R.
28-19-545.
(3) The owner or operator of the stationary
source has received notice from the secretary that the application submitted
for the source has been approved.
(4) The actual emissions from the stationary
source, for every consecutive 12-month period during which the stationary
source is operated under this regulation, do not exceed 50 percent of the major
source threshold.
(5) The owner or
operator of the stationary source maintains records, as specified in subsection
(h), that demonstrate compliance with the 50 percent actual emissions
limitation.
(6) The owner or
operator updates the records required by paragraph (c)(5) at least monthly and
maintains the records on-site for at least two years.
(d)
(1) If
at any time a stationary source operating according to this regulation exceeds
the applicable emissions level of either paragraph (b)(3) or paragraph (c)(4),
the owner or operator shall notify the secretary in writing.
(2) The owner or operator shall mail,
electronically submit, or deliver the notice to the secretary on the first
working day after the discovery of the failure to comply.
(3) Within 60 days of the discovery of a
failure to comply with an applicable requirement of this regulation, the owner
or operator shall submit to the secretary an interim compliance plan and
schedule identifying the actions being taken by the owner or operator to ensure
compliance with applicable requirements until the appropriate class I or class
II operating permit is issued according to paragraph (d)(5).
(4) Submittal of and compliance with the
compliance plan and schedule shall not exempt the owner or operator from
enforcement action by the department.
(5) The owner or operator shall file an
application for the appropriate class I or class II operating permit within 180
days of discovery of the exceedance of the applicable limits of either
paragraph (b)(3) or paragraph (c)(4), unless otherwise exempt.
(e) Each owner or operator of a
stationary source shall submit to the department, by April 1 of each year, an
annual emissions inventory and annual emissions fees for the stationary source
as required by
K.A.R.
28-19-546.
(f) Compliance with this regulation shall not
exempt the owner or operator from enforcement action for exceeding any
applicable restrictions or for any other violations of the Kansas air quality
act or the Kansas air quality regulations.
(g) Each owner or operator of a stationary
source operated according to this regulation shall continue to comply with all
other applicable requirements of the Kansas air quality act and the Kansas air
quality regulations.
(h)
(1) The following records specified in this
subsection shall be presumed to be sufficient to determine compliance with the
recordkeeping requirements of this regulation:
(A) For coating and solvent emission units,
the following:
(i) A current list of all
coatings, solvents, inks, and adhesives in use, including volatile organic
compounds (VOC) and hazardous air pollutant content;
(ii) a description of any equipment used for
coating or solvent application, including type, make, and model, and maximum
design process rate or throughput;
(iii) a monthly log of the consumption of
each coating, ink, adhesive, and solvent, including solvents used in cleanup
and surface preparation; and
(iv)
purchase orders, invoices, and other documents to support information in the
monthly log;
(B) for
organic liquid storage units, the following:
(i) A monthly log identifying the liquid
stored and monthly throughput; and
(ii) information on the tank design and
specifications, including emissions control equipment;
(C) for combustion emission units, the
following:
(i) Information on equipment type,
make, and model; maximum design process rate or maximum power input and output;
minimum operating temperature for thermal oxidizers; capacity; and all source
test information; and
(ii) a
monthly log of fuel type, fuel usage, fuel heating value, and percent sulfur
for fuel oil and coal;
(D) for any emission control device for which
emission reductions are being claimed, the following:
(i) Information on the control device type,
including description, make, and model, and emission units served by the
control device;
(ii) information on
the control device design including, if applicable, the pollutant or pollutants
being controlled, control device efficiency and capture efficiency, maximum
design or rated capacity, and other design data as appropriate, including any
available source test information; and
(iii) a monthly log of hours of operation,
including notation of any control equipment breakdowns, upsets, repairs,
maintenance, and any other deviations from design parameters; and
(E) for all other emission units,
the following:
(i) Information on the process
and equipment, including equipment type, description, make, and
model;
(ii) maximum design process
rate or throughput;
(iii) a monthly
log of operating hours and each raw material used and its amount; and
(iv) purchase orders, invoices, or other
documents to support the information in the monthly log.
(2) Each owner or operator relying
on other documentation to demonstrate compliance with this regulation shall
establish that the documentation relied upon demonstrates compliance with the
recordkeeping requirements of this regulation.
(i) During the first 12 months of operation
under this permit-by-rule, each owner or operator of the processes affected by
this permit-by-rule shall operate in a manner that will not exceed any of the
applicable permit limitation requirements at any time during the initial
12-month period.
