1 Air Quality “101” Workshops January 10, 2006 * Salina January 19, 2006 * Wichita January 24, 2006 * Overland Park Vick Cooper, Section Chief Bureau of Air and Radiation

2 Kansas Meadowlark

3 Sparrow

4 Introductions Who we are Who we are-KDHE -The Pollution Prevention Institute at Kansas State University, Engineering Extension manages the Kansas Small Business Environmental Assistance Program (SBEAP).

5 Catalysts and Responses  1948 – Pennsylvania 20 deaths from steel mill and sulfuric acid plants20 deaths from steel mill and sulfuric acid plants  1953 – New York 250 deaths250 deaths  Congress passes the Air Pollution Control Act of 1955 first commitment of federal funds for air pollution problemsfirst commitment of federal funds for air pollution problems

6 History of air regulations  1963 – Clean Air Act  1965 – Motor Vehicle Air Pollution Control Act  1967 – Air Quality Act  1970 – Clean Air Act Amendments  1977 – Clean Air Act Amendments  1990 – Clean Air Act Amendments

7 Then and Now 1970s: 1970s:  EPA had to identify hazardous air pollutants and identify standards “an ample margin of safety”  Risk-based  Courts directed EPA to determine safe pollutant levels without technological or cost concerns 1990s: 1990s: – Congress saw setting health-based standards to be a long and difficult process. The new approach was to set technology-based standards.

CAAA overview Title 1: Ambient air quality standards Title 1: Ambient air quality standards Title 2: Mobile sources Title 2: Mobile sources Title 3: Hazardous air pollutants Title 3: Hazardous air pollutants Title 4: Acid rain Title 4: Acid rain Title 5: Operating permits Title 5: Operating permits Title 6: Ozone protection Title 6: Ozone protection Title 7: Enforcement Title 7: Enforcement Title 8: Miscellaneous Title 8: Miscellaneous Title 9: Clean air research Title 9: Clean air research Title 10: Disadvantaged businesses Title 10: Disadvantaged businesses Title 11: Employment transition Title 11: Employment transition

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

10 Kansas Air Quality Act Preconstruction review Preconstruction review Operating permits Operating permits Annual air emissions fees Annual air emissions fees Other air requirements Other air requirements

11 Operating Permit Process  Class I Renewal Process  Streamlining Class I Permits  Insignificant activities  Facility-wide requirements  Combined Class II and Construction Permits

12 NEW Technical Guidance Documents Class I Revisions BAR Class I Revisions BAR K.A.R BAR K.A.R BAR Air Quality Regulatory Enforcement (Penalty) Policy Air Quality Regulatory Enforcement (Penalty) Policy Air Quality Supplemental Environmental Projects Policy Air Quality Supplemental Environmental Projects Policy Air Quality Compliance Policy Air Quality Compliance Policy

13 Operating Permits Major Source Major Source  PTE Exceeds 100 Tons Per Year of NOx, Sox, PM10, VOC, CO  PTE Exceeds 10 Tons Per Year of any single Hazardous Air Pollutant  PTE Exceeds 25 Tons Per Year Total Hazardous Air Pollutants

14 Operating Permits  Sources required to obtain a Class I permit include:  Major sources  Subject to acid rain requirements  Solid waste incinerators  Class I permit application process:  $1000 application fee or $500 modification fee  KDHE has 60 days to determine if it is complete, both the public and EPA can participate in the review process  Permit is good for 5 years

15 Operating Permits  Class II Permits…  Can be used to limit PTE to below major source levels  PTE can be limited in several ways  Less expensive than Class I, $200 application fee  EPA and the public can review Class II permits  Permit remains valid, no renewal unless revoked  By April 1 annually, KDHE needs records, such as material usage rates and MSDSs to demonstrate emissions.

16 Operating Permits Class II Permits-by-Rule Class II Permits-by-Rule  Shortened Class II applications  Reciprocating engines  Solvent evaporate sources  Hot mix asphalt plant  Maintain records onsite showing usage and update monthly  Submit emission-related information to KDHE by April 1 of each year  Submit report if you exceed 85% level of restriction

17 Operating Permits This Regulation has been Revoked Class III permits – are a registration process if you are not required to get a Class I or II permit but are subject to… Class III permits – are a registration process if you are not required to get a Class I or II permit but are subject to…  A Part 60 NSPS  A Part 61 NESHAP  Subject to RACT rule (located in Johnson or Wyandotte Counties)  Have incinerators

18 Other Air Requirements Reasonably Available Control Technology (RACT) – Johnson/Wyandotte Counties Reasonably Available Control Technology (RACT) – Johnson/Wyandotte Counties  Issued when counties exceeds federal standard for ozone, remain in effect Part 60 New Source Performance Standards (NSPS) Part 60 New Source Performance Standards (NSPS)  Apply to newly constructed, reconstructed, or modified sources

19 Other Air Requirements Part 61 National Emission Standards for Hazardous Air Pollutants (NESHAP) Part 61 National Emission Standards for Hazardous Air Pollutants (NESHAP)  Apply to sources of specific HAP emissions, such as benzene and mercury Part 63 NESHAP or MACT standard Part 63 NESHAP or MACT standard  Apply to sources of HAP emissions within source categories, such as chrome electroplaters, perchloroethylene dry cleaners, halogenated solvent vapor degreasers

20 Other Air Requirements Part 52 Prevention of Significant Deterioration (PSD) Part 52 Prevention of Significant Deterioration (PSD)  Complex rule applies primarily to large sources or large modifications  Requires Best Available Control Technology (BACT) Part 75 Acid Rain Part 75 Acid Rain  Applies primarily to large power plants

21 Air Permit Program Update  Regulation changes  Kansas Permits, Approvals and Registrations  New Source Review Reform  New Standards under 40 CFR Part 63 MACT  Expedited Approvals  Title V Permit Process  Technical Guidance Documents

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23 Regulation Changes Kansas Permits, Approvals & Registrations Re-focus permit program on environmental results Re-focus permit program on environmental results Build more efficient permit system Build more efficient permit system Spend less time on in- significant sources Spend less time on in- significant sources Air impact vs. source tracking Air impact vs. source tracking

24 Proposed K.A.R Construction Permits  Establishes small source registration program  Provides small source exemptions  Clarifies the term modification under KAR  Still has PSD disclaimer  Target implementation Summer 2006

25 Proposed K.A.R (a) (1/2) Construction Approvals Permits under current regulations, proposed approvals Permits under current regulations, proposed approvals PTE exceeds thresholds for PM, PM10, SO2, SO3, CO, VOC, NOx; Lead PTE exceeds thresholds for PM, PM10, SO2, SO3, CO, VOC, NOx; Lead PSD or LAER permit includes approval process PSD or LAER permit includes approval process New affected unit under CAA Title IV Acid Rain permit includes approval process New affected unit under CAA Title IV Acid Rain permit includes approval process

26 Proposed K.A.R (a) (2/2) Construction Approvals Project is:  Or causes facility to become a major HAPs source  Subject to Part 63 standard and triggers major source construction or reconstruction  Subject to Part 61 standard and triggers construction or reconstruction  A new incinerator

27 K.A.R (a) Approval Exemptions  Small combustion sources  Emergency equipment  Natural gas compressor facilities <240 hp total

28 K.A.R (b) Registrations Constructing, reconstructing, or modifying under Constructing, reconstructing, or modifying under  Part 60, NSPS  K.A.R , Solid Waste Landfills  K.A.R , Hospital/Medical/Infectious Waste Incinerators Subject to as listed RACT rule Subject to as listed RACT rule PTE exceeds 15lb/ 24-hour or 3 lb/hr VOC in Johnson and Wyandotte counties. PTE exceeds 15lb/ 24-hour or 3 lb/hr VOC in Johnson and Wyandotte counties.

29 What’s still called a permit? Title V Permits Title V Permits PSD Permits PSD Permits LAER Permits LAER Permits Acid Rain Permits Acid Rain Permits

30 New Source Review (NSR)  Prevention of Significant Deterioration (PSD) Permits  NSR covers  Construction of new major emitting industrial facilities  Existing facilities that make major modification that significantly increase air pollution emissions  NSR Reform changed existing PSD regulations  Plan to adopt 40 CFR in Kansas regulations by June, 2006  This is a brand new program, we are reviewing alternatives for implementation.

31 NSR Reform Vacated by the court Vacated by the court  Clean unit exemptions  Pollution control projects Stayed by the court Stayed by the court  Routine maintenance, repair and replacement

32 New MACT Standards 40 CFR Part 63DescriptionSubpart Compliance Date Metal Coil (Surface Coat) KKKK6/10/05 Metal Can (Surface Coat) SSSS11/13/06 Metal Furniture (Surface Coat) RRRR5/23/06 Paper and Other Web JJJJ12/4/05 Site Remediation GGGGG10/8/06

33 Additional Part 63 Source CategoriesDescriptionSubpart Compliance Date BoilersDDDDD9/13/07 Reciprocating Internal Combustion Engines ZZZZ6/15/07 Stationary Combustion Turbines YYYY3/5/07

34 Clean Air Mercury Rule Final 3/15/05 Limits mercury from new and existing coal fired power plants Limits mercury from new and existing coal fired power plants Parts 60, 72, and 75 Parts 60, 72, and 75

35 EPA’s Air Toxics Website

36 Title V Issues Semi-annual Reports Semi-annual Reports Annual Reports Annual Reports Responsible Official Responsible Official

37 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.

38 Semi-annual Reports can include:  EPA Method 9 opacity results,  Qualitative opacity results,  Any required calculations,  Through-put limitations,  All semi-annual reports should include the Reporting and Source ID Number,  All semi-annual reports are due at KDHE- BAR within 30 days of every six month anniversary of the Title V permit for the duration of the permit, and  Please DO NOT use the annual reporting form for a semi-annual report.

39 Annual Reports  Annual reports are placed on the CR-02 form that was included with the Title V permit upon issuance.  Annual reports are due at the KDHE-BAR within 30 days of every annual anniversary of the Title V permit for the duration of the permit,  Annual reports must be sent to KDHE-BAR and EPA Region VII. (KDHE should receive the original and EPA receives a copy),  From a compliance standpoint, these reports are taken very seriously, with the possibility of large civil penalties for failure to report or for inaccurately reporting.

40 Responsible Official Pursuant to K.A.R (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.

41 Responsible Official, Cont. Responsible official means one of the following [K.A.R (ccc)]: A.For a corporation, president, secretary, treasurer, or vice-president in charge of a principal business function, or any other person who performs similar policy or decision- making functions, or duly authorized representative is responsible for overall operation or production. A.For a corporation, president, secretary, treasurer, or vice-president in charge of a principal business function, or any other person who performs similar policy or decision- making functions, or duly authorized representative is responsible for overall operation or production.

42 Responsible Official, Cont. Responsible official means one of the following [K.A.R (ccc)]: B.For a partnership or sole proprietorship, a general partner or the proprietor, respectively, B.For a partnership or sole proprietorship, a general partner or the proprietor, respectively, C.For a municipality, or state, federal. Or other public agency, principal executive officer or ranking elected official, or C.For a municipality, or state, federal. Or other public agency, principal executive officer or ranking elected official, or D.A principal executive officer of a federal agency shall include the chief executive officers having responsibility for overall operations of a principal geographic unit of the agency; or for affected sources, the designated representative under Title IV of the federal Clean Air Act. D.A principal executive officer of a federal agency shall include the chief executive officers having responsibility for overall operations of a principal geographic unit of the agency; or for affected sources, the designated representative under Title IV of the federal Clean Air Act.

43 Summary Regulation Changes Regulation Changes  Kansas Permits, Approvals, and Registrations  New Source Review Reform  New Standards under 40 CFR Part 63 MACT Expedited Approvals Expedited Approvals Title V Permit Process Title V Permit Process Technical Guidance Documents Technical Guidance Documents

44 Any Questions?

45 KDHE Air Permit Program Website Bureau of Air and Radiation Bureau of Air and Radiation  Air Permits Air Permits 

46 Eagle