Agency 28, Article 19 — AMBIENT AIR

(Authorized by K.S.A. 65-3001, 65- 3005, 65-3010; effective Jan. 1, 1971; amended Jan. 1, 1972; revoked May 1, 1981.) 370 DEPARTMENT OF HEALTH AND ENVIRONMENT 28-19-2

Circumvention of control reg- ulations. (A) No person shall cause or permit the installation or use of any machine, equipment, device or other article, or alter any process in any manner which, without resulting in a reduc- tion of the total amount of contaminants emitted, concea…

(Authorized by and imple- menting K.S.A. 65-3005, 65-3010; effective May 1, 1988; revoked May 10, 1996.)

(Authorized by and implement- ing K.S.A. 65-3005, 65-3010; effective May 1, 1986; amended May 1, 1987; amended May 1, 1988; revoked May 10, 1996.) 28-19-119 to 28-19-121a. (Authorized by and implementing K.S.A. 65-3005, 65-3010; effective May 1, 1986; amended May 1, 1987; amended…

Enforcement discretion due to startup, shutdown, malfunctions, or sched- uled maintenance. (a) An emission source hav- ing emissions that are in excess of the applicable emission limitation and standard and result from startup, shutdown, malfunctions, or scheduled maintenance of …

Measurement of emissions. (A) The department may require any person respon- sible for the operation of an emission source to make or have tests made to determine the rate of contaminant emissions from the source whenever it has reason to believe on the basis of estimates of poten…

Interference with enjoyment of life and property. Compliance with the pro- visions of these emission control regulations (in- cluding exemptions included therein) notwith- standing, should it be found after public hearing that any specific emission source is, tends to be, will be…

Permits required. The refer- ence in K.A.R. 28-19-19 to a permit condition under this regulation, the reference in K.A.R. 28-19-31 to a permit issued under this regulation, and any other reference in these rules to a per- mit under this regulation, shall be interpreted to include…

(Authorized by and implement- ing K.S.A. 65-3005, 65-3010; effective May 1, 1986; amended May 1, 1987; amended May 1, 1988; revoked May 10, 1996.) EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 28-19-150 to 28-19-151. (Authorized by andimplementingK.S.A.65-3005,65-3010;effec- ti…

(Authorized by and implement- ing K.S.A. 65-3005 and K.S.A. 1984 Supp. 65- 3008; effective, T-84-39, Dec. 21, 1983; effective May 1, 1984; amended May 1, 1986; revoked Jan. 23, 1995.)

(Authorized by and implement- ing K.S.A. 65-3005 and K.S.A. 1984 Supp. 65- 3008; effective, T-84-39, Dec. 30, 1983; effective May 1, 1984; amended T-85-29, Nov. 14, 1984; amended May 1, 1985; revoked Jan. 24, 1994.)

Severability. If any clause, para- graph, subsection or section of these regulations shall be held invalid, it shall be conclusively pre- sumed that the board would have enacted the re- mainder of these regulations not directly related to such clause, paragraph, subsection or sec…

(Authorized by and implement- ing K.S.A. 65-3005, 65-3010; effective May 1, 1983; revoked May 10, 1996.) 28-19-153 to 28-19-154. (Authorized by andimplementingK.S.A.65-3005,65-3010;effec- tive May 1, 1983; amended May 1, 1987; amended May 1, 1988; revoked May 10, 1996.)

(Authorized by and implement- ing K.S.A. 65-3005, 65-3010; effective May 1, 1983; amended May 1, 1988; revoked May 10, 1996.)

(Authorized by and implement- ing K.S.A. 65-3005, 65-3010; effective May 1, 1983; revoked May 10, 1996.)

(Authorized by and implement- ing K.S.A 65-3005, 65-3010; effective May 1, 1983; revoked May 10, 1996.)

(Authorized by and implement- ingK.S.A.65-3005,65-3010;effectiveMay1,1983; amended May 1, 1988; revoked May 10, 1996.)

(Authorized by and implement- ing K.S.A. 65-3005, 65-3010; effective May 1, 1983; amended May 1, 1987; amended May 1, 1988; revoked May 10, 1996.) 28-19-160 to 28-19-162. (Authorized by and implementing K.S.A. 65-3005, 65-3010; ef- fective May 1, 1983; revoked May 10, 1996.) GENE…

New source permit require- ments for designated nonattainment ar- eas. The provisions of K.A.R. 28-19-16 through K.A.R. 28-19-16m shall apply to the construction or major modification of major stationary sources of air pollution emissions located within any area that has been ide…

Definitions. The following words and terms when used in K.A.R. 28-19-16 through K.A.R. 28-19-16m shall have the mean- ings as defined in subsections (a) through (s) of this regulation. (a) “Actual emissions” means, in regard to deter- mining creditable emissions decreases or incr…

Permit required. (a) A major stationary source shall not begin actual construc- tion, or major modification unless the owner or operator of the source has been issued a permit approving this activity. The permit shall be signed by the secretary or an authorized representative of …

Creditable emission reduc- tions. For the purpose of allowing credit for emis- sions reductions claimed in relation to the deter- mination of reasonable further progress toward attainment of the national ambient air quality standards required under the provisions of K.A.R. 28-19-…

Fugitive emission exemption. TheprovisionsofK.A.R.28-19-16bshallnotapply to a source or modification of a source that would be a major stationary source or major modification only if fugitive emissions, to the extent quantifi- able, are considered in calculating the potential to …

Relaxation of existing emis- sion limitations. At such time as any individual source or modification becomes a major source subject to the provisions of K.A.R. 28-19-16b sole- ly by virtue of a relaxation in any enforcement lim- itation which was established after August 7, 1980,…

New source emission limits. A permit for major stationary source construction or major modification shall not be issued under the provisions of K.A.R. 28-19-16b unless the emis- sions resulting from this permitted activity are limited to the lowest achievable emission rate that h…

Attainment and maintenance of national ambient air quality standards. (a) A permit for major stationary source construction or modification, shall not be issued under the pro- visions of K.A.R. 28-19-16b if emissions from this source would prevent the attainment and main- tenance…

Compliance of other sources. A permit for major stationary source construction or major modification shall not be issued under the provisions of K.A.R. 28-19-16b unless the owneroroperatorofthissourcehasdemonstrated to the secretary that all major stationary sources owned and ope…

Operating requirements. A constructed or modified major stationary source subject to the provisions of K.A.R. 28-19-16b shall not be operated, except in compliance with the requirements established by the permit issued for 377 Ambient Air Quality Standards and Air Pollution Contr…

Revocation and suspension of permit. Any permit issued under the provi- sions of K.A.R. 28-19-16b may be suspended or revoked by the secretary upon his or her findings that the owner or operator of such source has failed to comply with any requirement specified in the permit. (Au…

Notification requirements. A permit shall not be issued, suspended or re- voked under the provisions of K.A.R. 28-19-16b or 28-19-16j unless provision has been made for a public hearing on the matter upon the written request of any person affected by such proposed action. Such re…

Failure to construct. Each permit issued for the construction or major mod- ification of a major stationary source under the provisions of K.A.R. 28-19-16b shall become void if the construction has not commenced within 18 months after the applicant’s receipt of such permit or if …

Compliance with provisions of law required. Any approval of a permit under the provisions of K.A.R. 28-19-16b shall not re- lieve any source owner or operator of the respon- sibility to comply fully with any other require- ments of state, federal, or local law. (Authorized by K.S…

Prevention of significant de- terioration of air quality; cross-reference. Each reference in this article to K.A.R. 28-19-17 through K.A.R. 28-19-17q, individually or col- lectively, shall be interpreted to refer to K.A.R.

(Authorized by K.S.A. 65-3005; implementing K.S.A. 65-3005, 65-3008 and 65- 3010; effective May 1, 1983; amended May 1, 1986; amended Oct. 16, 1989; amended June 8, 1992; revoked Nov. 22, 2002.)

(Authorized by K.S.A. 65-3005, as amended by L. 1993, Ch. 13, Sec. 3; imple- menting K.S.A. 65-3005, as amended by L. 1993, Ch. 13, Sec. 3; 65-3008, as amended by L. 1993, Ch. 13, Sec. 5; 65-3010; effective May 1, 1983; amended May 1, 1986; amended Oct. 16, 1989; amended June 8, …

(Authorized by K.S.A. 65-3005, as amended by L. 1993, Ch. 13, Sec. 3; imple- menting K.S.A. 65-3005, as amended by L. 1993, Ch. 13, Sec. 3; 65-3008, as amended by L. 1993, Ch. 13, Sec. 5; 65-3010; effective May 1, 1983; amended Oct. 16, 1989; amended June 8, 1992; amended March 2…

(Authorized by and implement- ing K.S.A. 65-3002, 65-3008, 65-3010; effective May 1, 1983; amended June 8, 1992; revoked Nov. 22, 2002.)

(Authorized by and implement- ing K.S.A. 65-3005, 65-3008, 65-3010; effective May 1, 1983; amended June 8, 1992; revoked Nov. 22, 2002.)

(Authorized by and implement- ing K.S.A. 65-3005, as amended by L. 1993, Ch. 13, Sec. 3; 65-3008, as amended by L. 1993, Ch. 13, Sec. 5; 65-3010; effective May 1, 1983; amend- ed May 1, 1988; amended June 8, 1992; amended March 21, 1994; revoked Nov. 22, 2002.)

(Authorized by K.S.A. 65-3005; implementing K.S.A. 65-3005, 65-3008, 65-3010; effective May 1, 1983; amended Oct. 16, 1989; amended June 8, 1992; revoked Nov. 22, 2002.)

(Authorized by and implement- ing K.S.A. 65-3005, 65-3008, 65-3010; effective May 1, 1983; amended June 8, 1992; revoked Nov. 22, 2002.)

(Authorized by K.S.A. 65-3005; implementing K.S.A. 65-3005, 65-3008, 65-3010; effective May 1, 1983; amended Oct. 16, 1989; amended June 8, 1992; revoked Nov. 22, 2002.) 28-19-17j through 28-19-17l. (Autho- rized by and implementing K.S.A. 65-3005, 65- 3008, 65-3010; effective Ma…

(Authorized by K.S.A. 65-3005, as amended by L. 1993, Ch. 13, Sec. 3; imple- menting K.S.A. 65-3008, as amended by L. 1993, Ch. 13, Sec. 5; 65-3010; effective June 8, 1992; amendedMarch21,1994;revokedNov.22,2002.) 28-19-17n through 28-19-17q. (Au- thorized by K.S.A. 65-3005; impl…

Stack heights. (a) The degree of emission limitation required of any source for control of any air pollutant must not be affected by the portion of any source’s stack height that exceeds good engineering practice or any oth- er dispersion technique. The provision of these regulat…

Stack height credit. (a) The stack height credit to be used in ambient air qual- ity modeling that calculates the air quality impact of a source, for the purpose of meeting an applica- ble national ambient air quality standard or deter- mining compliance with the provisions of K.…

Definitions. The following words and terms when used in K.A.R. 28-19- 18 through 28-19-18f, shall have the following meanings: (a) “Stack” means any point in a source de- signed to emit solids, liquids or gases into the air, including a pipe or duct but not including flares. (b) …

Methods for determining good engineering practice stack height. (a) The minimum good engineering practice stack height value allowable for any source, regardless of size or location of any structures or terrain fea- tures, shall be 65 meters. (b)(1) Except as provided in subsecti…

Fluid modeling. In conducting a fluid modeling study, required by K.A.R. 28-19- 18c(c), the guidelines and procedures described in thefollowingreferencedpublicationsshallbeused. These publications are adopted by reference: (a) EPA-450/4-81-003. Guideline for use of fluid modeling…

(Authorized by and implement- ing K.S.A. 65-3005, K.S.A. 65-3010; effective May 1, 1983; revoked May 1, 1986.)

Notification requirements. A source shall not obtain credit for a good engineer- ing practice stack height determined by a fluid modeling or field study or based on allowances for plume impaction, as provided for by K.A.R. 28- 19-18c(c) unless: (a) A public notice that indicates …