| Air Operating Permit
Air Construction Permit
Who should I contact with questions about
my permit?
Please refer to our air permit contact
information in either Microsoft Excel or Adobe PDF formats.
My Class I operating
permit requires Method 9 testing. What is a Method 9 test?
Many stationary sources discharge visible emissions
into the atmosphere; these emissions are usually in the shape
of a plume. A Method 9 test involves the determination of plume
opacity. Opacity is the amount of light obscured by pollution.
A person conducting a Method 9 must be certified. Method 9 can
be found in 40 CFR Part 60 Appendix A.
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What is a qualitative assessment? Should a qualitative
assessment be six minutes long, like a Method 9?
A qualitative assessment is an observation
of visible emissions, or opacity, from a stationary source. The
person responsible for making qualitative opacity assessments
must be knowledgeable about the effect on visibility of emissions
caused by background contrast, ambient lighting, observer position
relative to lighting, wind, and the presence of uncombined water
in the plume. A qualitative assessment is a brief description
of the visible emissions. The qualitative assessment is not required
to be six minutes long, and the observer is not required to be
certified.
Records usually required for qualitative assessments
include: time and date assessment occurred, whether emissions
appeared normal, a description of the emission point from which
any unusual emissions emanated, steps taken to correct any
abnormal emissions, and the name of the person conducting the
assessment, and any other information required by the permit.
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What
is CAM? Do the requirements include hazardous air pollutants?
CAM
is an acronym for Compliance Assurance Monitoring. The Clean
Air Act requires compliance assurance monitoring (CAM) for major
stationary sources of air pollution that are required to obtain
operating permits under Title V . CAM requirements are outlined
in 40 CFR Part 64. CAM requires monitoring for each emissions
unit that is a major source, and that relies on pollution control
equipment to achieve compliance with one or more emission standards.
CAM requirements do include sources of hazardous air pollutants
and emission standards for hazardous air pollutants.
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What should
my semi-annual report look like?
KDHE has developed an example semi-annual
report . This format may need to be modified to include
requirements that are specific to your facility.
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Do I have to
startup an emission unit up for a Method 9 test or qualitative
assessment if I normally would not operate it at all during
the reporting period?
No. If the emission unit isn't operating during
the reporting period, a test is not required.
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I have Method 9
requirements in my permit for several emission units. I operate
the equipment in June, July, and August only. The permit requires
that Method 9 tests be conducted twice per year with no less
than 6 months between readings. What should I do to stay in
compliance?
If the facility operates only 3 months per
year, conduct a Method 9 during that time period. If the emission
units do not operate during the remaining 9 months, a second
Method 9 is not required. Municipal power plants sometimes start
units up for a very short time to perform maintenance checks
and operator training. Fire pumps and emergency generators are
also occasionally started up for maintenance checks. Such startup
is not considered operating time, if units are not used for generating
power or pumping water. Therefore, Method 9 tests and qualitative
assessments would not be required unless the emission unit operates.
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I
have applied for a Class I operating permit, but have not received
the new permit. Now a new MACT standard has been finalized, and
my facility will be subject. The first compliance date is almost
3 years away. What should I do?
Update your Class I permit application to include
the new MACT standard. If you know how the facility will comply
with the new rules, you can include this in the permit application.
Review the new rules carefully, and submit required notifications.
40 CFR 63.9(b) requires an initial notification within 120 days
after the effective (promulgation) date of the standard. The notification
should be submitted to:
Mr. Donald Toensing
Air, RCRA,
and Toxics Division
United States Environmental Protection Agency,
Region 7
901 5 th Street
Kansas City, KS 66101
KDHE requests that a copy of the initial MACT
notification be submitted to the Bureau of Air and Radiation. The
copy should be submitted to: KDHE Bureau of Air and Radiation
1000
SW Jackson, Suite 310
Topeka, KS 66612-1366
Attention: Air Compliance Unit
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I am filling out an application for a
Class I permit, and will include a generator. It's my understanding
that the potential-to-emit for emergency generators is based
on 500 hours per year of operation or less. How can I find out
if my generator is an "emergency" generator?
KDHE relies on EPA's 9/6/95 Guidance
on Calculating Potential to Emit (PTE) for Emergency Generators , which
describes the parameters within which the generator must operate to be
considered an emergency generator for these purposes. The intent and usage
of the generator must be consistent with the guidance.
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How long does it
usually take to get a permit or an approval?
KDHE has developed information about permit / approval application review
timelines. This information has been summarized in the Air
Construction Permit Application Timeline Informational Sheet .
KDHE
is currently working on permit streamlining to reduce time required
for permit / approval review and issuance.
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Do I have to submit
a fee for an approval?
No.
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I am applying for a construction permit
and a fee is required. Who should the check be made out to?
The check should be made out to the Kansas
Department of Health and Environment (KDHE).
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My permit requires
a Method 9 test. Can I conduct my own test, and do I have to
get my certification in Kansas?
You can conduct your own test if you are currently
a certified Method 9 observer. You do not have to be certified
specifically in Kansas.
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How can I request that information in
my permit application be kept confidential?
KDHE has developed
an Informational Sheet
on Confidential Information , which includes procedures for requesting
that information be kept confidential and what information can be kept
confidential.
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I need a construction permit or approval for
the equipment I want to install. Can I go ahead and order the
equipment prior to getting the permit?
K.A.R. 28-19-300 requires
a construction permit or approval to be issued before "commencing" construction
or modification if the increase in potential-to-emit resulting from the project
exceeds certain levels. KDHE has prepared an Informational
Sheet on Commencing Construction to help facilities understand what
is considered commencing construction.
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I have applied for and received a permit
for some new equipment. What are some common compliance problems that occur
with new permit holders?
We encourage you to read the construction permit or approval carefully, since
these documents obligate each facility to certain requirements. The following
is a list of requirements that are sometimes overlooked:
- Permits and approvals for equipment subject to 40 CFR Part
60 New Source Performance Standards (NSPS) or Part 63 Maximum
Achievable Control Technology (MACT) may contain performance
testing requirements within 180 days after startup or rule
applicability. Refer to the permit or approval for details.
- Permits and approvals for equipment subject to 40 CFR Part
60 NSPS contain requirements for notifications. Notification
forms are provided at http://www.kdheks.gov/air-permit/download.html .
- Permits and approvals may also require notifications for
Part 63 MACT.
- Most permits and approvals contain a requirement to notify
the local inspector when installation of the new equipment
is complete, so that an evaluation may be conducted.
- Permits and approvals for portable equipment usually require
a notification when equipment is moved, as required by K.A.R.
28-19-9(c). The relocation notification form is located at http://www.kdheks.gov/air-permit/download.html .
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I have a Class II permit that contains limits. If I apply for a construction
permit, how does this affect my Class II permit?
If you are still able to operate within the
limits of your Class II permit, then a new construction permit
or approval does not affect your Class II permit. If you exceed
the operational limits of the Class II permit, then you are required
to file the appropriate application for permit modification or for a
Class I permit within 180 days after exceeding the operating
permit operational restriction, as required by K.A.R. 28-19-501(c)(2)(C).
If
the new construction permit or approval allows new pollutants
that would make the facility a major source, or if potential
emissions are increased above major source thresholds, then
you will be required to add new restrictions in the existing
Class II permit or apply for a Class I permit within one year
as required by K.A.R. 28-19-541(a) and 510(e).
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I am subject to a Reasonably Available Control
Technology (RACT) rule that applies only in Johnson and Wyandotte
Counties. The rule says that it only applies to facilities that
are located "... in an area which has been identified as not
meeting the national primary ambient air quality standard for ozone in the manner
prescribed by the provisions of the federal clean air act, 42 U.S.C. 7407 as
promulgated at 40 CFR Part 81, as in effect July 1, 1989." Johnson and Wyandotte
Counties are in attainment for the ozone standard; so why am I still subject
to this RACT rule?
Johnson and Wyandotte Counties have achieved
attainment status, but the area is in maintenance status and
is very close to exceeding the ozone standard currently. EPA
requires that a maintenance area retain existing control measures-
including RACT rules - to assure continued maintenance of the National
Ambient Air Quality Standards.
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40 CFR Part 60 reporting requirements have changed from quarterly to semi-annual
for most facilities. My permit quotes the old Part 60 requirements. Can I change
reporting to semi-annual?
KDHE will evaluate requests on a case-by-case
basis. Please send your request to:
KDHE Bureau of Air and Radiation
1000 SW Jackson,
Suite 310
Topeka, KS 66612-1366
Attention: Air Compliance Unit
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My permit requires a performance
test within a specified time period because the equipment is
subject to 40 CFR Part 60 requirements. Can I have an extension?
KDHE
cannot grant extensions for performance test time frames in federal
rules, including Parts 60 and 63.
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