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Air Quality “101” Workshops

January 10, 2006 * SalinaJanuary 10, 2006 * Salina

January 19, 2006 * WichitaJanuary 19, 2006 * Wichita

January 24, 2006 * Overland ParkJanuary 24, 2006 * Overland Park

Vick Cooper, Section ChiefVick Cooper, Section Chief

Bureau of Air and RadiationBureau of Air and Radiation785-296-1561785-296-1561

Vcooper@kdhe.state.ks.usVcooper@kdhe.state.ks.us

2Kansas Meadowlark

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Sparrow

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Introductions Who we areWho we are

-KDHE-KDHE

-The Pollution Prevention -The Pollution Prevention Institute at Kansas State Institute at Kansas State University, Engineering University, Engineering Extension manages the Extension manages the Kansas Small Business Kansas Small Business Environmental Assistance Environmental Assistance Program (SBEAP).Program (SBEAP).

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Catalysts and Responses

1948 – Pennsylvania1948 – Pennsylvania•20 deaths from steel mill and 20 deaths from steel mill and sulfuric acid plantssulfuric acid plants

1953 – New York1953 – New York•250 deaths250 deaths

Congress passes the Air Pollution Congress passes the Air Pollution Control Act of 1955Control Act of 1955

•first commitment of federal first commitment of federal funds for air pollution problemsfunds for air pollution problems

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History of air regulations 1963 – Clean Air Act1963 – Clean Air Act

1965 – Motor Vehicle Air Pollution Control 1965 – Motor Vehicle Air Pollution Control Act Act

1967 – Air Quality Act1967 – Air Quality Act

1970 – Clean Air Act Amendments1970 – Clean Air Act Amendments

1977 – Clean Air Act Amendments1977 – Clean Air Act Amendments

1990 – Clean Air Act Amendments1990 – Clean Air Act Amendments

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Then and Now1970s:1970s: EPA had to identify hazardous air EPA had to identify hazardous air

pollutants and identify standards “an pollutants and identify standards “an ample margin of safety”ample margin of safety”

Risk-basedRisk-based Courts directed EPA to determine safe Courts directed EPA to determine safe

pollutant levels without technological or pollutant levels without technological or cost concernscost concerns

1990s:1990s:– – Congress saw setting health-based Congress saw setting health-based

standards to be a long and difficult standards to be a long and difficult process. The new approach was to set process. The new approach was to set technology-based standards.technology-based standards.

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1990 CAAA overview

Title 1: Ambient air quality standardsTitle 1: Ambient air quality standardsTitle 2: Mobile sourcesTitle 2: Mobile sourcesTitle 3: Hazardous air pollutantsTitle 3: Hazardous air pollutantsTitle 4: Acid rainTitle 4: Acid rainTitle 5: Operating permitsTitle 5: Operating permitsTitle 6: Ozone protectionTitle 6: Ozone protectionTitle 7: EnforcementTitle 7: EnforcementTitle 8: MiscellaneousTitle 8: MiscellaneousTitle 9: Clean air researchTitle 9: Clean air researchTitle 10: Disadvantaged businessesTitle 10: Disadvantaged businessesTitle 11: Employment transitionTitle 11: Employment transition

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KAQA overview

The Kansas Air Quality Act (KAQA) The Kansas Air Quality Act (KAQA) implements elements of the 1990 Clean implements elements of the 1990 Clean Air Act Amendments, and includes the Air Act Amendments, and includes the following requirements for air pollution following requirements for air pollution sources in Kansas…sources in Kansas… Preconstruction reviewPreconstruction review Operating permitsOperating permits Annual air emissions feesAnnual air emissions fees Other air requirementsOther air requirements

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Kansas Air Quality Act

Preconstruction reviewPreconstruction review

Operating permitsOperating permits

Annual air emissions feesAnnual air emissions fees

Other air requirementsOther air requirements

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Operating Permit Process

Class I Renewal ProcessClass I Renewal Process Streamlining Class I PermitsStreamlining Class I Permits

Insignificant activitiesInsignificant activitiesFacility-wide requirementsFacility-wide requirements

Combined Class II and Construction Combined Class II and Construction PermitsPermits

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NEW Technical Guidance Documents

Class I Revisions BAR 2005-02Class I Revisions BAR 2005-02 K.A.R 28-19-11 BAR 2005-01K.A.R 28-19-11 BAR 2005-01 Air Quality Regulatory Enforcement Air Quality Regulatory Enforcement

(Penalty) Policy(Penalty) Policy Air Quality Supplemental Air Quality Supplemental

Environmental Projects PolicyEnvironmental Projects Policy Air Quality Compliance PolicyAir Quality Compliance Policy

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Operating Permits

Major SourceMajor Source PTE Exceeds 100 Tons Per Year of PTE Exceeds 100 Tons Per Year of

NOx, Sox, PM10, VOC, CONOx, Sox, PM10, VOC, CO PTE Exceeds 10 Tons Per Year of any PTE Exceeds 10 Tons Per Year of any

single Hazardous Air Pollutantsingle Hazardous Air Pollutant PTE Exceeds 25 Tons Per Year Total PTE Exceeds 25 Tons Per Year Total

Hazardous Air PollutantsHazardous Air Pollutants

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Operating Permits Sources required to obtain a Class I permit Sources required to obtain a Class I permit

include:include: Major sourcesMajor sources Subject to acid rain requirementsSubject to acid rain requirements Solid waste incineratorsSolid waste incinerators

Class I permit application process:Class I permit application process: $1000 application fee or $500 $1000 application fee or $500

modification feemodification fee KDHE has 60 days to determine if it is KDHE has 60 days to determine if it is

complete, both the public and EPA can complete, both the public and EPA can participate in the review processparticipate in the review process

Permit is good for 5 yearsPermit is good for 5 years

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Operating Permits Class II Permits…Class II Permits…

Can be used to limit PTE to below major Can be used to limit PTE to below major source levelssource levels

PTE can be limited in several waysPTE can be limited in several ways Less expensive than Class I, $200 Less expensive than Class I, $200

application feeapplication fee EPA and the public can review Class II EPA and the public can review Class II

permitspermits Permit remains valid, no renewal unless Permit remains valid, no renewal unless

revokedrevoked By April 1 annually, KDHE needs records, By April 1 annually, KDHE needs records,

such as material usage rates and MSDSs such as material usage rates and MSDSs to demonstrate emissions.to demonstrate emissions.

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Operating Permits Class II Permits-by-RuleClass II Permits-by-Rule

Shortened Class II applicationsShortened Class II applications Reciprocating enginesReciprocating engines Solvent evaporate sourcesSolvent evaporate sources Hot mix asphalt plantHot mix asphalt plant Maintain records onsite showing Maintain records onsite showing

usage and update monthlyusage and update monthly Submit emission-related Submit emission-related

information to KDHE by April 1 of information to KDHE by April 1 of each yeareach year

Submit report if you exceed 85% Submit report if you exceed 85% level of restrictionlevel of restriction

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Operating PermitsThis Regulation has been Revoked Class III permits – are a registration Class III permits – are a registration

process if you are not required to get a process if you are not required to get a Class I or II permit but are subject to…Class I or II permit but are subject to… A Part 60 NSPSA Part 60 NSPS A Part 61 NESHAPA Part 61 NESHAP Subject to RACT rule (located in Subject to RACT rule (located in

Johnson or Wyandotte Counties)Johnson or Wyandotte Counties) Have incineratorsHave incinerators

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Other Air Requirements

Reasonably Available Control Reasonably Available Control Technology (RACT) – Technology (RACT) – Johnson/Wyandotte CountiesJohnson/Wyandotte Counties Issued when counties exceeds Issued when counties exceeds

federal standard for ozone, federal standard for ozone, remain in effectremain in effect

Part 60 New Source Performance Part 60 New Source Performance Standards (NSPS)Standards (NSPS) Apply to newly constructed, Apply to newly constructed,

reconstructed, or modified reconstructed, or modified sourcessources

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Other Air Requirements Part 61 National Emission Standards for Part 61 National Emission Standards for

Hazardous Air Pollutants (NESHAP)Hazardous Air Pollutants (NESHAP) Apply to sources of specific HAP Apply to sources of specific HAP

emissions, such as benzene and emissions, such as benzene and mercurymercury

Part 63 NESHAP or MACT standardPart 63 NESHAP or MACT standard Apply to sources of HAP emissions Apply to sources of HAP emissions

within source categories, such as within source categories, such as chrome electroplaters, chrome electroplaters, perchloroethylene dry cleaners, perchloroethylene dry cleaners, halogenated solvent vapor halogenated solvent vapor degreasersdegreasers

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Other Air Requirements Part 52 Prevention of Significant Part 52 Prevention of Significant

Deterioration (PSD)Deterioration (PSD) Complex rule applies primarily to Complex rule applies primarily to

large sources or large large sources or large modificationsmodifications

Requires Best Available Control Requires Best Available Control Technology (BACT)Technology (BACT)

Part 75 Acid RainPart 75 Acid Rain Applies primarily to large power Applies primarily to large power

plantsplants

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Air Permit Program Update

Regulation changesRegulation changesKansas Permits, Approvals and Kansas Permits, Approvals and RegistrationsRegistrations

New Source Review ReformNew Source Review ReformNew Standards under 40 CFR Part New Standards under 40 CFR Part 63 MACT63 MACT

Expedited ApprovalsExpedited Approvals Title V Permit ProcessTitle V Permit Process Technical Guidance DocumentsTechnical Guidance Documents

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KDHE Regulation Update Process

Prepare draft regulations

Submit regulations to Department of Administration

Submit regulations to Attorney General

Submit notice to Kansas Register

Notice published in the Kansas Register

1 to 3 weeks

1 to 3 weeks

8 days to 2 weeks

61 days minimum

Joint committee on rules and regulations reviews and

comments on proposed regulations

Hold public hearing

Obtain approval for revisions; adopt; file

with Secretary of State

Regulations published in Kansas

Register

1 to 3 weeks

1 to 3 weeks

15 days

Submit SIP revision request to EPA with rulemaking package

EPA approves SIP revisions

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Regulation ChangesKansas Permits, Approvals & Kansas Permits, Approvals &

RegistrationsRegistrations Re-focus permit program on Re-focus permit program on

environmental resultsenvironmental results Build more efficient permit systemBuild more efficient permit system Spend less time on in-significant Spend less time on in-significant

sourcessources Air impact vs. source trackingAir impact vs. source tracking

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Proposed K.A.R. 28-19-300Construction PermitsConstruction Permits Establishes small source Establishes small source

registration programregistration program Provides small source exemptionsProvides small source exemptions Clarifies the term modification Clarifies the term modification

under KAR 28-19-300under KAR 28-19-300 Still has PSD disclaimerStill has PSD disclaimer Target implementation Summer Target implementation Summer

20062006

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Proposed K.A.R. 28-119-300(a) (1/2)Construction ApprovalsConstruction Approvals Permits under current regulations, Permits under current regulations,

proposed approvalsproposed approvals PTE exceeds thresholds for PM, PTE exceeds thresholds for PM,

PM10, SO2, SO3, CO, VOC, NOx; PM10, SO2, SO3, CO, VOC, NOx; LeadLead

PSD or LAER permit includes PSD or LAER permit includes approval processapproval process

New affected unit under CAA Title New affected unit under CAA Title IV Acid Rain permit includes IV Acid Rain permit includes approval processapproval process

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Proposed K.A.R. 28-19-300(a) (2/2)Construction ApprovalsConstruction Approvals

Project is:Project is:

Or causes facility to become a Or causes facility to become a major HAPs sourcemajor HAPs source

Subject to Part 63 standard and Subject to Part 63 standard and triggers major source triggers major source construction or reconstructionconstruction or reconstruction

Subject to Part 61 standard and Subject to Part 61 standard and triggers construction or triggers construction or reconstructionreconstruction

A new incineratorA new incinerator

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K.A.R. 28-19-300(a)Approval Exemptions Small combustion sourcesSmall combustion sources

Emergency equipmentEmergency equipment

Natural gas compressor facilities Natural gas compressor facilities <240 hp total<240 hp total

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K.A.R. 28-19-300(b)Registrations Constructing, reconstructing, or modifying Constructing, reconstructing, or modifying

under under Part 60, NSPSPart 60, NSPS K.A.R. 28-19-722, Solid Waste K.A.R. 28-19-722, Solid Waste

LandfillsLandfills K.A.R. 28-19-729, K.A.R. 28-19-729,

Hospital/Medical/Infectious Waste Hospital/Medical/Infectious Waste IncineratorsIncinerators

Subject to as listed RACT ruleSubject to as listed RACT rule PTE exceeds 15lb/ 24-hour or 3 lb/hr VOC PTE exceeds 15lb/ 24-hour or 3 lb/hr VOC

in Johnson and Wyandotte counties.in Johnson and Wyandotte counties.

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What’s still called a permit?

Title V PermitsTitle V Permits

PSD PermitsPSD Permits

LAER PermitsLAER Permits

Acid Rain PermitsAcid Rain Permits

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New Source Review (NSR) Prevention of Significant Deterioration (PSD) Prevention of Significant Deterioration (PSD)

PermitsPermits NSR coversNSR covers

Construction of new major emitting Construction of new major emitting industrial facilities industrial facilities

Existing facilities that make major Existing facilities that make major modification that significantly increase modification that significantly increase air pollution emissionsair pollution emissions

NSR Reform changed existing PSD regulationsNSR Reform changed existing PSD regulations Plan to adopt 40 CFR 52.21 in Kansas Plan to adopt 40 CFR 52.21 in Kansas

regulations by June, 2006regulations by June, 2006 This is a brand new program, we are reviewing This is a brand new program, we are reviewing

alternatives for implementation.alternatives for implementation.

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NSR Reform

Vacated by the courtVacated by the court Clean unit exemptionsClean unit exemptions Pollution control projectsPollution control projects

Stayed by the courtStayed by the court Routine maintenance, repair and Routine maintenance, repair and

replacementreplacement

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New MACT Standards 40 CFR Part 63

DescriptionDescription SubpartSubpart Compliance DateCompliance Date

Metal Coil (Surface Metal Coil (Surface Coat)Coat)

KKKKKKKK 6/10/056/10/05

Metal Can (Surface Metal Can (Surface Coat)Coat)

SSSSSSSS 11/13/0611/13/06

Metal Furniture Metal Furniture (Surface Coat)(Surface Coat)

RRRRRRRR 5/23/065/23/06

Paper and Other WebPaper and Other Web JJJJJJJJ 12/4/0512/4/05

Site RemediationSite Remediation GGGGGGGGGG 10/8/0610/8/06

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Additional Part 63Source Categories

DescriptionDescription SubpartSubpart Compliance DateCompliance Date

BoilersBoilers DDDDDDDDDD 9/13/079/13/07

Reciprocating Reciprocating Internal Internal Combustion Combustion EnginesEngines

ZZZZZZZZ 6/15/076/15/07

Stationary Stationary Combustion Combustion TurbinesTurbines

YYYYYYYY 3/5/073/5/07

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Clean Air Mercury RuleFinal 3/15/05

Limits mercury from new and Limits mercury from new and existing coal fired power plantsexisting coal fired power plants

Parts 60, 72, and 75Parts 60, 72, and 75

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EPA’s Air Toxics Website

http://www.epa.gov/ttn/atw/mactfnlalph.html

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Title V Issues

Semi-annual ReportsSemi-annual Reports

Annual ReportsAnnual Reports

Responsible OfficialResponsible Official

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Semi-annual Reports

Only the ones that are monitoring

All Title V facilities are required to submit semi-annual reports to KDHE of any routine, continuous, or periodic monitoring.

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Semi-annual Reports can include:

EPA Method 9 opacity results,EPA Method 9 opacity results, Qualitative opacity results,Qualitative opacity results, Any required calculations,Any required calculations, Through-put limitations,Through-put limitations, All semi-annual reports should include the All semi-annual reports should include the

Reporting and Source ID Number,Reporting and Source ID Number, All semi-annual reports are due at KDHE-BAR All semi-annual reports are due at KDHE-BAR

within 30 days of every six month within 30 days of every six month anniversary of the Title V permit for the anniversary of the Title V permit for the duration of the permit, andduration of the permit, and

Please DO NOT use the annual reporting form Please DO NOT use the annual reporting form for a semi-annual report.for a semi-annual report.

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Annual Reports Annual reports are placed on the CR-02 form Annual reports are placed on the CR-02 form

that was included with the Title V permit upon that was included with the Title V permit upon issuance.issuance.

Annual reports are due at the KDHE-BAR Annual reports are due at the KDHE-BAR within 30 days of every annual anniversary of within 30 days of every annual anniversary of the Title V permit for the duration of the the Title V permit for the duration of the permit,permit,

Annual reports must be sent to KDHE-BAR and Annual reports must be sent to KDHE-BAR and EPA Region VII. (KDHE should receive the EPA Region VII. (KDHE should receive the original and EPA receives a copy),original and EPA receives a copy),

From a compliance standpoint, these reports From a compliance standpoint, these reports are taken very seriously, with the possibility of are taken very seriously, with the possibility of large civil penalties for failure to report or for large civil penalties for failure to report or for inaccurately reporting.inaccurately reporting.

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Responsible Official

Pursuant to K.A.R. 28-19-511(e), any applicant form, report or compliance certification submitted pursuant to these regulations (Kansas Air Quality Regulations) shall contain certification by a responsible official of truth, accuracy, and completeness.

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Responsible Official, Cont.

Responsible official means one of the Responsible official means one of the following [K.A.R. 28-19-(ccc)]:following [K.A.R. 28-19-(ccc)]:

A.A. For a corporation, president, For a corporation, president, secretary, treasurer, or vice-president in secretary, treasurer, or vice-president in charge of a principal business function, or charge of a principal business function, or any other person who performs similar any other person who performs similar policy or decision-making functions, or policy or decision-making functions, or duly authorized representative is duly authorized representative is responsible for overall operation or responsible for overall operation or production.production.

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Responsible Official, Cont.Responsible official means one of the following Responsible official means one of the following [K.A.R. 28-19-(ccc)]:[K.A.R. 28-19-(ccc)]: B.B. For a partnership or sole proprietorship, a For a partnership or sole proprietorship, a general partner or the proprietor, respectively,general partner or the proprietor, respectively,

C.C. For a municipality, or state, federal. For a municipality, or state, federal. Or other public agency, principal executive Or other public agency, principal executive officer or ranking elected official, orofficer or ranking elected official, or

D.D. A principal executive officer of a A principal executive officer of a federal agency shall include the chief executive federal agency shall include the chief executive officers having responsibility for overall officers having responsibility for overall operations of a principal geographic unit of the operations of a principal geographic unit of the agency; or for affected sources, the designated agency; or for affected sources, the designated representative under Title IV of therepresentative under Title IV of the federal federal Clean Air Act.Clean Air Act.

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Summary Regulation ChangesRegulation Changes

Kansas Permits, Approvals, and Kansas Permits, Approvals, and RegistrationsRegistrations

New Source Review ReformNew Source Review Reform New Standards under 40 CFR Part 63 New Standards under 40 CFR Part 63

MACTMACT Expedited ApprovalsExpedited Approvals Title V Permit ProcessTitle V Permit Process Technical Guidance DocumentsTechnical Guidance Documents

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Any Questions?

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KDHE Air Permit Program Website

Bureau of Air and RadiationBureau of Air and Radiation http://www.kdhe.state.ks.us.bar.index.htmlhttp://www.kdhe.state.ks.us.bar.index.html

Air PermitsAir Permits http://www.kdhe.state.ks.us/airpermit/index.htmlhttp://www.kdhe.state.ks.us/airpermit/index.html

46Eagle