Agency 28, Article 19 — AMBIENT AIR

Class I operating permits; permit term; renewal. (a) Permit term. Each class I operating permit shall specify the expira- tion date of the permit. (1)ClassIoperatingpermitsissuedtosolidwaste incineration units combusting municipal waste subject to standards under section 129(e) o…

Class I operating permits; public participation, affected state partici- pation, and USEPA participation. (a) Except for administrative permit amendments or modifi- cations qualifying for minor permit modification procedures, all permit proceedings, including initial permit issua…

Class I operating permits; application fees. (a) Each of the following class I operating permit applications shall be accompa- nied by the fee specified in this subsection: (1) For an initial application submitted under K.A.R. 28-19-510, $3,000.00; 459 Ambient Air Quality Standar…

Class I operating permits; annual emissions inventory and fees. The owner or operator of each stationary source that is required to apply for a class I operating permit shall comply with this regulation. (a) Annual emissions inventory. (1) Each owner or operator shall submit to t…

Class I operating permits; complete applications. (a) An application for the issuance, renewal or significant modification of a class I operating permit that is timely filed and deemed complete shall have the effect of al- lowing the emissions unit or stationary source to continu…

(Authorized by K.S.A. 1970 Supp. 65-3002, 65-3005, 65-3006, 65-3010; effective Jan. 1, 1971; revoked Jan. 29, 1999.) AIR POLLUTION EMERGENCIES

Class II operating permits; applicability. The owner or operator of a station- ary source which would otherwise require a class I operating permit may submit an application for a class II operating permit for the stationary source requesting the potential-to-emit of the stationar…

Class II operating permits; application timetable and contents. (a) Any stationary source that has been issued a construc- tion permit with federally enforceable permit re- strictions pursuant to K.A.R. 28-19-302(b), shall file a complete initial application for a class II op- er…

Class II operating permits; permit-by-rule. (a) Any owner or operator of any stationary source that is within a source category specified in K.A.R. 28-19-561 through K.A.R. 28- 19-564 may submit an application to the depart- ment for an operating permit-by-rule. (b) Each applicat…

Class II operating permits; permit term and content; operational com- pliance. A class II operating permit shall remain valid until modified, revoked or otherwise de- termined invalid. A stationary source for which a class II operating permit has been issued shall comply with all…

Class II operating permits; modification of source or operations. (a) Any 462 DEPARTMENT OF HEALTH AND ENVIRONMENT 28-19-545 stationary source operating pursuant to a class II operating permit shall not modify the station- ary source in any manner which increases the potential-to…

Class II operating permits; application fee. (a) An application pertaining to a class II operating permit shall not be deemed com- plete unless accompanied by the appropriate fee. (b) Fees. (1) The fee for an initial application for a class II operating permit other than a genera…

Class II operating permits; annual emission inventory. Except as may be otherwise specifically required, each owner or op- erator of a stationary source that is required by these regulations to apply for a class II operating permitshall,onorbeforeApril1ofeachyear,sub- mit to the …

General provisions. (A) These episode regulations are designed to prevent the excessive buildup of air contaminants during air pollution episodes, thereby preventing the occur- rence of an emergency due to the effects of these contaminants on the public health. Any other provisio…

Episode criteria. (a) Conditions justifyingtheproclamationofanairpollutionalert, air pollution warning, or air pollution emergency shall exist whenever the director determines that the accumulation of air contaminants at any sam- pling location has attained levels which could, if…

Class II operating permits; permit-by-rule; reciprocating engines. (a) Definition. For purposes of this regulation, “re- ciprocating engine stationary source” shall mean a source with one or more stationary reciprocat- ing engines of any design or fuel type that does not contain …

Class II operating permits; permit-by-rule; organic solvent evaporative sources. (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 t…

Class II operating permits; permit-by-rule; hot mix asphalt facilities. (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 heatin…

Class II operating permits; permits-by-rule; sources with actual emis- sions less than 50 percent of major source thresholds. (a) Any stationary source, or group of stationary sources, that would be classified as a major source based on its potential-to-emit may operate according…

Emission reduction require- ments. (A) Upon the declaration of any air pollu- tion episode status by the director the provisions of sections B, C and D of this regulation shall be considered as an emergency order of the board is- sued in accordance with K.S.A. 65-3012 and sub- je…

(Authorized by K.S.A. 1993 Supp. 65-3005; implementing K.S.A. 1993 Supp. 65-3008; effective Jan. 23, 1995; revoked Sept. 23, 2005.)

(Authorized by K.S.A. 1993 Supp. 65-3005; implementing K.S.A. 1993 Supp. 65-3008; effective Jan. 23, 1995; revoked Sept. 23, 2005.) 468 DEPARTMENT OF HEALTH AND ENVIRONMENT 28-19-577

(Authorized by K.S.A. 1993 Supp. 65-3005; implementing K.S.A. 1993 Supp. 65-3008; effective Jan. 23, 1995; revoked Sept. 23, 2005.)

(Authorized by K.S.A. 65-3005; imple- menting K.S.A. 65-3005, 65-3008; effective, E-78- 8, Dec. 27, 1972; effective Jan. 1, 1974; amended, T-84-39, effective Dec. 21, 1983; amended May 1, 1984; amended May 1, 1986; amended May 1, 1987; amended Oct. 16, 1989; amended Jan. 24, 1994…

Emergency episode plans. (A) Any person responsible for the operation of a source of air contamination adjudged to be of major concern with respect to possible implemen- tation of air pollution emergency episode control procedures either because of the nature or the quantity of i…

(Authorized by K.S.A. 65-3001, 65- 3005, 65-3006, 65-3007, 65-3010; effective Jan. 1, 1971;amendedJan.1,1972;revokedMay1,1981.)

Definitions. The following words, terms and abbreviations are in addition to those defined in K.A.R. 28-19-7 and shall have the fol- lowing meanings, unless the context clearly indi- cates otherwise: (a) “Accumulator” means the reservoir of a con- densing unit receiving the conde…

Testing procedures. (a) Sam- pling and testing procedures required to demon- strate compliance with the volatile organic com- pound (VOC) emission limits shall be as described in the following referenced publications: (1) Appropriate reference methods in 40 CFR Part 60, appendix …

Automobile and light duty truck surface coating. (a) The provisions of this regulation shall be applicable to each automobile or light duty truck top coat and primer surfacer surface coating operation and all other automo- bile or light duty truck surface coating applica- tion sy…

Bulk gasoline terminals. (a) No owner or operator of any bulk gasoline terminal (BGT) with a gasoline throughput of 20,000 gal- lons or greater daily shall cause or permit load- ing of gasoline into any gasoline delivery vessel (GDV) from any loading rack unless: (1) the loading …

Open burning prohibited. A person shall not cause or permit the open burning of any wastes, structures, vegetation, or any other materials on any premises except as authorized by K.A.R. 28-19-647 and K.A.R. 28-19-648. (Autho- rized by K.S.A. 1994 Supp. 65-3005; implement- ing K.S…

Restrictions on open burn- ing operations for certain counties during the month of April. This regulation shall super- sede K.A.R. 28-19-645 during the month of April for the counties listed in subsection (a) below. (a) A person shall not cause or permit open burning operations o…

Responsibility for open burn- ing. It shall be prima facie evidence that the per- son who owns or controls property on which open burning occurs has caused or permitted the open burning. (Authorized by K.S.A. 1994 Supp. 65- 3005; implementing K.S.A. 1994 Supp. 65-3005, K.S.A. 65-…

Exceptions to prohibition on open burning. (a) The following open burning operations shall be exempt from the prohibition on the open burning of any materials imposed by K.A.R. 28-19-645: (1) open burning carried out on a residential premise containing five or less dwelling units…

Agricultural open burning. (a) Open burning of vegetation such as grass, woody species, crop residue, and other dry plant growth for the purpose of crop, range, pasture, wildlife or watershed management shall be ex- empt from the prohibition on the open burning of any materials i…

Volatile organic compounds (VOC) liquid storage in permanent fixed roof type tanks. (a) No person shall place, store, or hold in any stationary tank, reservoir, or other con- tainercapableofholdingmorethan40,000gallons of any VOC liquid having a true vapor pressure of one and fiv…

Emissions opacity limits. (a) Except as otherwise provided in K.A.R. 28-19-9, K.A.R. 28-19-11, or K.A.R. 28-19-31, in subsec- tions (b) and (c) of this regulation, or in other ap- plicable air quality regulations, opacity of visible air emissions from any emission unit shall not …

Volatile organic compounds (VOC) liquid storage in external floating roof tanks. (a) No person shall place, store, or hold in any stationary tank, reservoir, or other container not having a permanent fixed roof and capable of holding more than 40,000 gallons of any VOC liq- uid w…

Petroleum refineries. (a) A per- son shall not permit the use of any vacuum pro- ducing system at a petroleum refinery unless the vapor emissions from the condensers, hot wells or accumulators of the system are reduced by: (1) Piping the noncondensible vapors to a fire- box or in…

Leaks from petroleum refinery equipment. (a) If the volatile organic compound concentration leaking from pump seals, compres- sor seals, seal oil degassing vents, pipeline valves, flanges, and other connections, pressure relief de- vices, process drains, and open ended pipes ex- …

Cutback asphalt. (a) A person shall not cause, allow or permit the use or applica- tion of cutback asphalt for the purposes of paving after December 31, 1982, without the approval of the department. A person seeking approval from the department shall submit a request in writing w…

(Authorized by and implementing K.S.A. 1994 Supp. 65-3005; effective Jan. 1, 1971; amended Jan. 1, 1972; amended, E-73-8, Dec. 27, 1972; amended Jan. 1, 1974; amended May 1, 1975; amended, T-84-39, Dec. 21, 1983; amended May 1, 1984; amended, T-85-29, Nov. 14, 1984; amended May 1…

Leaks from gasoline delivery vessels and vapor collection systems. (a) No person shall load or permit the loading of gasoline from any bulk gasoline terminal (BGT) loading rack into any gasoline delivery vessel (GDV) un- less the BGT loading rack is equipped with a va- por collec…

Printing operations. (a) The provisions of this regulation shall apply to all packaging rotogravure, publication rotogravure and flexographic printing facilities with poten- tial contaminant emission rate of volatile organic compounds (VOC) equal to or more than 100 tons per year…

Definitions. The following terms shall apply to K.A.R. 28-19-712 through K.A.R. 28-19-712d. (a) “Auxiliary power unit” means an integrated system that provides heat, air conditioning, en- gine warming, or electricity to components of a heavy-duty diesel vehicle and is certified b…

Applicability. K.A.R. 28-19- 712 through K.A.R. 28-19-712d shall apply only in Johnson and Wyandotte counties to any person who owns or operates either of the following: (a) Any heavy-duty diesel vehicle that is also a commercial vehicle, institutional vehicle, or pub- lic vehicl…

General requirement for heavy-duty diesel vehicles. No person who owns or operates a heavy-duty diesel vehicle specified in K.A.R. 28-19-712a(a) shall cause that vehicle to idle for more than five minutes in any 60-minute period, except as provided in K.A.R. 28-19-712c and K.A.R.…

General requirement for load or unload locations. No person who owns or operates a load or unload location for freight shall cause any heavy-duty diesel vehicle that is also a commercial vehicle to idle for a period lon- gerthan30minutesinany60-minuteperiodwhile waiting to load o…

Exemptions. K.A.R. 28-19- 712b shall not apply to the following: (a) Any heavy-duty diesel vehicle specified in K.A.R. 28-19-712a(a) that idles in any of the fol- lowing conditions: (1) While forced to remain motionless because of road traffic or an official traffic control devic…

Applicability.K.A.R.28-19-713 throughK.A.R.28-19-713dshallapplytotheown- er or operator of each stationary source located in Wyandotte or Johnson county that annually emits at least 1,000 tons of nitrogen oxides from the en- tire facility, based on an average of the total emis- s…