Kansas Administrative Code

(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 …

Continuous emission moni- toring. (a) All sources subject to the provisions of this regulation shall install, test and contin- uously operate a continuous emission monitor- ing system or systems (CEMS) and comply with data reduction requirements of the department and reporting, r…

(Authorized by K.S.A. 65-3005, 65-3010; effective Jan. 1, 1971; amended Jan. 1, 1972; revoked May 1, 1981.)

Particulate matter emission limitations.(a)SubjecttotheprovisionsofK.A.R. 28-19-9 and 28-19-11, no person shall cause, suf- fer, allow or permit the emission of particulate 384 DEPARTMENT OF HEALTH AND ENVIRONMENT 28-19-21 matter from any processing machine, equipment, device or …

General provisions; defini- tions. All terms and abbreviations used in the 420 DEPARTMENT OF HEALTH AND ENVIRONMENT 28-19-200 Kansas air quality regulations shall have the fol- lowing meanings, unless otherwise defined in an individual regulation or unless the context clearly req…

General provisions; defini- tions to implement the federal greenhouse gas tailoring rule. (a) The definition of “ma- jor source,” as adopted by reference in this reg- ulation, shall supersede the definition of “major source” in K.A.R. 28-19-200 for the purposes of the following r…

General provisions; defini- tions; regulated compounds list. As used in this regulation, “CAS Number” means chemical abstract service number. (a) “Hazardous air pol- lutant” means one or more of the following chem- ical pollutants: CAS Number Chemical name 75070 Acetaldehyde 6035…

(Authorized by K.S.A. 2009 Supp. 65-3005 and 65-3024; implementing K.S.A. 65-3024; effective Nov. 22, 1993; amended Jan. 23, 1995; amended March 15, 1996; amended Feb. 21, 1997; amended Feb. 13, 1998; amended March 23, 2001; amended Jan. 30, 2004; amended Nov. 5, 2010; revoked Ja…

General provisions; permit issuance and modification; public participa- tion. (a) The public shall be provided the oppor- tunity to participate in the permit development or modification process prior to issuance of a con- struction permit for an affected facility, a class I or cl…

Additional emission restric- tions. If particulate matter emissions, because of their chemical and/or physical nature, require emission rates lower than those provided for in K.A.R. 28-19-20, the person responsible for the emission shall be notified by the department, in writing,…

Calculation of actual emis- sions. (a) Whenever required to be determined by the Kansas air quality regulations, the quantity of actualemissionsfromanyemissionsunitorstation- arysourceshallbecalculatedbytheowneroroper- ator of an emissions unit or stationary source using: (1) Dat…

General provisions; ap- proved test methods and emission compliance determination procedures. (a) The following test methods shall be approved for demonstrating complianceornon-compliancewithanappropriate emission standard or limitation: (1) those test methods specified at 40 CFR…

(Authorized by K.S.A. 65-3005, 65-3010; effective Jan. 1, 1972; amended, E-73- 8, Dec. 27, 1972; amended Jan. 1, 1974; revoked Sept. 23, 2005.)

Hydrocarbon emissions—sta- tionary sources. (A) No person shall place, store, or hold in any stationary tank reservoir or other container of more than 40,000 gallons capacity any gasoline or any petroleum distillate having a vapor pressure of 3.0 pounds per square inch, ab- solut…

Control of carbon monoxide emissions. (A) No person shall cause or permit the emission of carbon monoxide gases generat- ed during the operation of a grey iron cupola un- less they are burned at 1300°F for 0.3 seconds or greater in a direct-flame afterburner or equivalent device …

(Authorized by K.S.A. 1971 Supp. 65-3005, 65-3010; effective Jan. 1, 1972; revoked, E-73-8, Dec. 27, 1972; revoked Jan. 1, 1974.)

Sulfuric acid mist emissions. (a) As used in this regulation, “sulfuric acid pro- duction unit” means a unit producing sulfuric acid through the contact process by burning elemental sulfur, alkylation acid, hydrogen sulfide, organic sulfides and mercaptans, or acid sludge. Sulfur…

Nitrogen oxides; allocations. (a)(1) For purposes of this regulation, the terms “allocate,” “allocation,” “TR NOx annual allow- ance,” “TR NOx annual trading program,” and “TR NOx annual unit” shall have the meanings specified in 40 C.F.R. 97.402, as in effect on Octo- ber 7, 201…

Special provisions; acid rain deposition. (a) The provisions of this regulation are in addition to any construction or operating permit requirements specified elsewhere in the Kansas air quality regulations. For stationary sources or emissions units subject to this regu- lation, …

General provisions. (A) These regulations apply to installations in which fuel is burned for the primary purpose of producing steam, hot water, or hot air or other indirect heat- ing of liquids, gases, or solids and, in the course of doing so, the products of combustion do not co…

Construction permits and ap- provals; applicability. (a) Each person who pro- poses to construct or modify a stationary source or emissionunitshallobtainaconstructionpermitbe- fore beginning actual construction or modification if at least one of the following conditions is met: (…

Construction permits and approvals; application and issuance. (a) Ap- plication for a permit or approval to construct or modify a stationary source or emissions unit shall be made by the owner or operator on forms pro- vided or approved by the department. The owner or operator ma…

Construction permits and approvals; additional provisions; construc- tion permits. (a) The owner or operator of any source which is required to obtain a construction permit pursuant to K.A.R. 28-19-16 through 28- 19-16m, nonattainment area requirements, or K.A.R. 28-19-17 through…

Construction permits and approvals; additional provisions; construc- tion approvals. (a) A construction approval shall not contain conditions that allow a source to avoid any requirement of the federal clean air act. Any person requesting an operational restriction that would res…

Construction permits and ap- provals; fees. An application for an approval or a permit shall not be reviewed until the department has received an application fee pursuant to the re- quirements of this regulation. (a) The fee for each construction approval ap- plication shall be $…

Emission limitations. Subject to the provisions of regulations 28-19-9 and 28- 19-11: (a) A person shall not cause or permit the emission of particulate matter exceeding the spec- ifications in table H-1 of this regulation. TABLE H-1—Emission Limits for Indirect Heating Equipment…

Exemptions—indirect heating equipment. (a) Visible contaminant emissions of an opacity exceeding that allowed in K.A.R. 28-19-31(b) shall not be considered a violation of that section provided that the person responsible for operation of the indirect heating equipment demonstrate…

Compressed air energy stor- age. (a) The terms “compressed air energy stor- age” and “CAES,” as used in this regulation, shall mean the compression and storage of air that is released and converted to energy for the produc- tion of electricity. (b) Each person who proposes to con…

(Authorized by and implementing K.S.A. 2001 Supp. 65-3005, 65-3008, and K.S.A. 65-3010; effective May 1, 1983; amended May 1, 1986; amended May 1, 1987; amended June 8, 1992; amended Nov. 22, 2002.)

(Authorized by K.S.A. 65-3005, 65-3010; effective Jan. 1, 1971; amended Jan. 1, 1972; revoked May 1, 1981.) GENERAL REGULATIONS

General provisions. (A) These regulations shall apply to all incinerators and modified open burning operations except those situated on residential premises containing five (5) or less dwelling units and used exclusively for the disposal of waste originating from normal hab- itat…

General permits; general re- quirements. (a) A general permit applicable to a similar category of emissions units or stationary sources required to obtain a permit by the Kansas air quality regulations may be adopted by the de- partment subject to the following conditions: (1) th…

General permits; adoption by the secretary.(a)Anysourcethatiswithinthecat- egory of sources to which a general permit would apply may petition the secretary to adopt a general permit applicable to that category of sources. (b) The petition for the adoption of a general permit sha…

General permits; availability of copies; lists of sources to which permits is- sued. (a) Any person may obtain a copy of a gen- eral permit by making a request for a copy of the permit from the department. (b) Any owner or operator who is constructing or operatinganemissionsunito…

General permits; application to construct or operate pursuant to terms of general permit. (a) Any person may apply to the department requesting authorization to construct or operate an emissions unit or stationary source pursuant to the terms of a general permit adopted by the se…

General permits; modifica- tion; revocation. If a general permit is modified or revoked, the owner or operator of an emissions unit or stationary source which is authorized to operate pursuant to a general permit shall reap- ply for the general permit or submit a complete applica…

Restriction of emissions. Sub- ject to the provisions of regulations 28-19-9 and 28-19-11: (A) No person may cause or permit the emission of particulate matter from any chimney stack or vent of any incinerator in excess of the following: (1) Incinerators with a waste burning capa…

Performance testing. (A) Waste burned in conjunction with the performance tests specified in this regulation shall be a representa- tive sample of the refuse normally generated by the operation which the incinerator is intended to serve. (B) In calculating the amount of particula…

Exceptions. (A) Visible con- taminant emissions of an opacity exceeding that allowed in regulation 28-19-41 (B) of this regu- lation shall not be considered a violation of that section provided that the person responsible for operation of the incinerator demonstrates to the satis…

(Authorized by K.S.A. 65-3005; implementing K.S.A. 65-3005, 65-3010; effective Jan. 1, 1971; amended, E-73-8, Dec. 27, 1972; amended Jan. 1, 1974; amended, T-84-39, Dec. 30, 1983; amended May 1, 1984; revoked March 1, 1996.)

(Authorized by K.S.A. 1970 Supp. 65-3005, 65-3010; effective Jan. 1, 1971; revoked March 1, 1996.)

(Authorized by K.S.A. 65-3005, 65-3006, 65-3007, 65-3010; effective Jan. 1, 1971; amended, E-73-8, Dec. 27, 1972; amended Jan. 1, 1974; revoked March 1, 1996.) GENERAL VISIBLE EMISSION LIMITATIONS

(Authorized by K.S.A. 65-3005, 65-3010; effective Jan. 1, 1971; amended, E-73- 8, Dec. 27, 1972; amended Jan. 1, 1974; revoked Jan. 29, 1999.)