1. What to Report How to Comply
Barbara Johnson, PE
K-State Pollution Prevention Institute
Small Business Environmental Assistance Program

2. Overview What to report Tips for proper reporting
Future additions or modifications
General compliance tips

3. What to Report? 40 CFR Parts 60 NSPS
40 CFR Parts 61 and 63 – NESHAP and MACT Standards
Semi-Annual Reports for Title V Permits
Annual Certifications for Title V Permits
Emissions Inventory (both Class I and Class II permits)
Performance Testing (Protocols, Reports)

4. And to Whom? Report Requirement Send to Contact Person
40 CFR Parts 60 NSPS
KDHE
Ms. Mariellen Butler
40 CFR Parts 61 and 63 – NESHAP and MACT St’ds
Copy to EPA
Ms. Mary Mahaffey
Mr. Gary Bertram
Semi-Annual Reports for Title V Permits
Annual Certifications for Title V Permits
Emissions Inventory (both Class I and II permits)
Mr. Andy Hawkins
Performance Testing
Mr. Jeremy Duis

5. Notifications to Whom? Notification Requirement Send to Contact Person
Construction and Operating Permit Applications*
(Located outside Wyandotte County)
KDHE
Ms. Marian Massoth
(Located in Wyandotte County)
Unified Gov’t of Wyandotte County - KCK Health Dept
Mr. Bruce Andersen
*available at

6. (and understand what it says)
What to Report?
READ
YOUR
PERMIT!
(and understand what it says)

7. What to Report – NSPS
40 CFR Parts 60 NSPS (New Source Performance Standards). Applies to:
Categories of sources causing significant air pollution of criteria pollutants
New stationary sources of emissions (construction or modification after date standard is proposed)
Control emissions to level achievable by best system of continuous emission reduction

8. NSPS Components Emission limits Standards for visible emissions
Modification provisions
Monitoring requirements
Performance test methods & compliance procedures
Reporting & recordkeeping requirements
May have some or all of these. Depends on the source category.

9. Example – Small Boiler NSPS
40 CFR subpart Dc
Installed or modified after June 9, 1989
Heat input capacity is between 10 and 100 MMBTU/hr

10. Subject to NSPS? (for boilers <100 MMBtu/hr)
The boiler was constructed, modified, or reconstructed after June 9, 1989
The heat input capacity of the boiler is between 10 and 100 MMBtu/hr
Complete the expedited KDHE boiler form
Yes
Yes No No
The boiler is not subject to NSPS requirements

11. Evaluating Permit Needs
Identify for all boilers:
Date of installation or modification
Heat input capacity (typically in MMBTU/hour)
Type of fuel (natural gas, fuel oil, etc)
Back-up fuel: evaluate using fuel with greater PTE
Low NOX burner (for natural gas-fired boilers)

12. KDHE Boiler “Sheltered” Initiative
KDHE is assisting boiler owners w/coming into compliance without incurring a penalty
Applies to companies or institutions that have boiler(s) with heat input capacity between 10 and 100 MMBtu/hr and installed after June 9, 1989 (i.e., those subject to NSPS reporting)
Many small boilers out of compliance with these federal requirements

13. KDHE Boiler “Sheltered” Initiative
Company/institution must evaluate need for air permit/approval
Complete applicable permit applications
Expedited approval or permit
NSPS boiler form
Must be in compliance by September 30, 2008

14. Tips for NSPS Reporting
Air quality performance test guidelines
Performance_Test_Guidelines.pdf
KDHE visible emission observation form
Performance test companies
KDHE NSPS notification form
KDHE has several tools on their BAR Website.

15. NSPS notification form: www. kdheks
NSPS notification form:

16. What to Report - MACT
40 CFR Parts 61 and 63 – NESHAP (Nat’l Emission St’ds for Hazardous Air Pollutants) and MACT (Maximum Achievable Control Technology) Standards. Applies to:
Sources of HAP emissions within certain source categories
Mostly major sources, some area sources

17. MACT Components Compliance standards Performance testing requirements
Compliance dates – often 3 years after rule promulgated
Operation and maintenance requirements
Compliance with emission standards
Notification & conduct opacity or visible emission observations
Availability of records
Performance testing requirements
Monitoring requirements
Initial notification requirements – due 120 days after rule promulgated
Initial Compliance Status Report – due anywhere between 30 days to one year after the rule compliance date
Recordkeeping and reporting requirements
Control device requirements
Industry-specific requirements; therefore, you must read your permit!

18. Tips for MACT Reporting
Initial notification form – send to KDHE & EPA
KDHE spreadsheet template (styrene)
SBEAP compliance calendar (dry cleaners)
EPA Web resources:

21. Initial Notification Form

22. What to Report – Class I Permit
Class I operating permit overview
Semi-Annual Reports for Title V (Class I) Permits
Class I annual certification – CR-02
Emissions Inventory
Performance testing

23. Class I Operating Permit Overview for Compliance
Permit Intent – identifies the pollutants that are over the major source threshold to require the operating permit
Facility Description – process units evaluated and description of the facility process

24. Class I Operating Permit Overview for Compliance con’t
Emission Source Information – detailed emission units description, stack/vent ID, control equipment, and applicable regulations
Applicable Regulations –
Emission Source
Limit or Standard
Monitoring
Recordkeeping and Reporting

25. Class I Operating Permit Overview for Compliance con’t
Opacity Summary – summarizes opacity requirements from the applicable requirements section
Facility-Wide Applicable Requirements – facility is subject to comply with, if applicable (e.g. Annual Fees, Emission Inventory, Emergency Episode Plans, Chemical Accident Prevention)

26. Class I Operating Permit Overview for Compliance con’t
Opacity Monitoring – methodology used to perform qualitative assessments and/or Method 9’s, when required
Requirements which will become effective during the term – any new regulation(s) that weren’t applicable at the time of the issuance but will become effective during the 5 year permit term

27. Class I Operating Permit Overview for Compliance con’t
Permit Shield – conditions that are deemed in compliance with applicable requirements of the Kansas Air Quality Program as of the date of permit issuance
Test, Monitoring, Recordkeeping, and Reporting – guideline(s) to assure compliance with the terms and conditions of the permit

28. Class I Operating Permit Overview for Compliance con’t
Temporary Replacement of Internal Combustion Engines – guideline(s) and provision(s) for when an internal combustion engine is authorized to operate pursuant to the terms of this permit is out-of-service because of repair or maintenance
Reporting of Deviations from the Permit Terms – unless a different period is specified in this permit, guideline(s) for reporting deviations from the requirements of this permit

29. Class I Operating Permit Overview for Compliance con’t
General Provisions
K.A.R
K.A.R a
K.A.R
Permit Term and Renewal
Compliance
Compliance Certification
Emergency
Inspection and Entry
Permit Amendment, Modification, Reopening, and Changes not requiring a permit
Duty to provide information
Duty to supplement
Other Permit and Approvals; Applicability
Submissions

30. Tips for Semi-annual Report
Copy permit conditions
Indicate whether or not in compliance
Review permit for new qualitative assessment language (see next slide)
Report deviations
KDHE technical guidance documents – BAR
_KAR_ pdf
KDHE technical guidance documents – BAR
_Reporting_Deviations.pdf
KDHE example semi-annual report

31. Qualitative Assessments
Initial Permits
All sources listed
Required 2 Method 9’s per year and qualitative assessments
Opacity monitoring requirements detailed in the applicable requirements
Procedures provided in Facility-Wide Applicable Requirements section

32. Qualitative Assessments (con’t)
Renewal and New Permits (as of mid 2005)
No source list (except sources subject to 40% opacity requirement)
Facility must determine which sources require assessments
Monthly qualitative assessments by a knowledgeable observer
Procedures provided in Facility-Wide Applicable Requirements section

33. Example semi-annual report www. kdheks
Example semi-annual report

34. What to Report – Class I Permit
Annual Certifications for Title V (Class I) Permits
KDHE CR-02 form
Provides certification of facility compliance status of each condition of the permit
If non-compliance – summarize nature, duration, and frequency
Submit to KDHE and EPA Region VII

35. Annual Certification www. kdheks
Annual Certification

36. What to Report – Emission Inventory
Annual Emissions Inventory
Class I Permit or applied for Class I
Due June 1
Can submit electronically – need password
Forms for mailing available on Web
Class II Permit
Due April 1
Forms available on Web, specific to industry
Class II Permit-by-rule, 50% actual emissions
Due February 15
Reminder letter sent in December – no forms sent

37. Tips for Air Emissions Inventory Reporting

38. What to Report – Performance Tests
Performance testing:
Required by NSPS, MACT, other (RACT)
Required by Acid Rain regulations
Required by other Kansas regulations
Required by State Approvals/Permits and/or an enforcement actions
Protocols – due 30 days prior to testing
Reports – due 60 days after testing or specified in the subpart
Read permit conditions

39. Tips for Performance Testing

40. Performance Test Report Requirements

41. Future Additions or Modifications
Evaluate PTE for new or modified equipment.
If increase in PTE exceeds construction approval or permit thresholds, submit application.
Thresholds: airqual.pdf
Forms:

42. When to Notify Air construction approval/permit New emission source
Increased emissions due to expansion or process change
Prior to start of construction or modification

43. Tips for Construction Permits

44. Tips for Construction Permits

45. When to Notify Operating permit Notify KDHE New emission source
Increased emissions due to expansion or process change
Notify KDHE
New – one year after initial start up
Existing
Class I – one year after initial start up
Class II – six months after initial start up

46. Other Reporting Emergency Generators Emergency generator definition
Used only for back-up power (not to offset peak energy usage)
For PTE calculations, assume 500 hours/year
All emergency generators should be registered with KDHE
Expedited form available

47. Expedited Form

48. Other Reporting Change of Ownership/Operator/Name Notification

49. KDHE/SBEAP Compliance Assistance
Encourage emission sources to:
Notify KDHE, if subject to any applicable regulations
Understand and comply with applicable regulations
Reduce air pollutant emissions beyond minimum requirements
How?
Conference/workshop presentations
Webcasts
Mass mailings
Telephone consultations
Site visits

50. Who performs inspections?
BEFS – KDHE district office personnel through a Memorandum of Understanding with BAR
Major and synthetic minor sources
Local partners
Johnson County
Sedgwick County
Shawnee County
Wyandotte County
US EPA Region VII (Limited)

51. If violations found… Types of Actions
NON – notice of non compliance, LOW – letter of warning, BDL – Bureau director’s letter
CAO – consent agreement and final order of the secretary
AO – administrative order
Read your permit.

52. More frequent inspections if…
Historical violations
Historical non-compliance
Information gathering

53. Helpful Website www.kdheks.gov/air-permit/CEtech_guidance.html

54. Helpful Website (cont.)
Bottom of previous slide:

55. Final tips
Note that if you have various due dates for various reporting, you can request synchronizing reporting due dates.
Better during draft phase
Don’t hesitate to call the KDHE permit engineer assigned to your facility. His or her contact information can be found at

56. (and understand what it says)
In conclusion…
READ
YOUR
PERMIT!
(and understand what it says)

57. Questions or Comments? KDHE contacts Call your assigned contact
KDHE BAR contact list:
If no KDHE contact, call permitting section at
SBEAP
Environmental Hotline