1. Air Quality 101 Kansas Air Quality Program overview

2. 2 KS SBEAP 800-578-8898 January 2006 Kansas Air Quality Program overview Provide brief history of CAA and Kansas Air Quality Program Provide brief history of CAA and Kansas Air Quality Program Explain what it means to your business Explain what it means to your business Calculating your PTE Calculating your PTE Explain related features Explain related features NSR (reform) NSR (reform) Preconstruction review Preconstruction review Operating permits Operating permits NSPS NSPS Goal of protecting health and the environment Goal of protecting health and the environment

3. 3 KS SBEAP 800-578-8898 January 2006 History of air regulations 1273 – England 1273 – England King Edward banned use of sea coal King Edward banned use of sea coal 1881 – Chicago 1881 – Chicago City passes first smoke control law City passes first smoke control law Adopted by other cities in 1990s Adopted by other cities in 1990s 1945 – Los Angeles 1945 – Los Angeles Air pollution control district formed Air pollution control district formed

4. 4 KS SBEAP 800-578-8898 January 2006 Catalysts 1930 – Belgium 1930 – Belgium 63 deaths 63 deaths Smelters and sulfuric acid Smelters and sulfuric acid 1948 – Pennsylvania 1948 – Pennsylvania 20 deaths 20 deaths Steel mill and sulfuric acid plants Steel mill and sulfuric acid plants 1952 – London 4,000 deaths 1953 – New York 250 deaths 1956 – London 1,000 deaths

5. 5 KS SBEAP 800-578-8898 January 2006 The response… 1955 - Congress passed the Air Pollution Control Act (first commitment of federal funds) 1955 - Congress passed the Air Pollution Control Act (first commitment of federal funds) 1963 – Clean Air Act 1963 – Clean Air Act 1965 – Motor Vehicle Air Pollution Control Act 1965 – Motor Vehicle Air Pollution Control Act 1967 - Air Quality Act 1967 - Air Quality Act

6. 6 KS SBEAP 800-578-8898 January 2006 The response… 1970 - EPA formed 1970 - EPA formed 1970 – Clean Air Act Amendments: 1970 – Clean Air Act Amendments: NAAQS, SIPs, NSPS, NESHAPs NAAQS, SIPs, NSPS, NESHAPs 1977 – Clean Air Act Amendments 1977 – Clean Air Act Amendments 1990 – Clean Air Act Amendments 1990 – Clean Air Act Amendments 1990 – Pollution Prevention Act 1990 – Pollution Prevention Act

7. 7 KS SBEAP 800-578-8898 January 2006 NESHAP vs. MACT 1970 Section 112 provisions 1970 Section 112 provisions EPA had to identify hazardous air pollutants (HAPs) and identify standards to prevent any adverse human health effects with “ample margin of safety.” EPA had to identify hazardous air pollutants (HAPs) and identify standards to prevent any adverse human health effects with “ample margin of safety.” All risk-based All risk-based Courts directed EPA to determine safe air pollutant levels without technological or cost concerns (NESHAP). Courts directed EPA to determine safe air pollutant levels without technological or cost concerns (NESHAP). 1990s 1990s Congress saw setting health-based standards too long and difficult, so initiated new “technology-based standards. Maximum Achievable Control Technology (MACT). Congress saw setting health-based standards too long and difficult, so initiated new “technology-based standards. Maximum Achievable Control Technology (MACT). * Afternoon session on MACTs

8. 8 KS SBEAP 800-578-8898 January 2006 1990 Clean Air Act 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. 9 KS SBEAP 800-578-8898 January 2006 Kansas Air Quality Regulations KAR 28-19 The Kansas Air Quality Act (KAQA) implements elements of the 1990 Clean Air Act Amendments. The Kansas Air Quality Act (KAQA) implements elements of the 1990 Clean Air Act Amendments. Administered by the Kansas Department of Health and Environment Bureau of Air and Radiation Administered by the Kansas Department of Health and Environment Bureau of Air and Radiation KAQA includes the following requirements for air pollution sources in Kansas… KAQA includes the following requirements for air pollution sources in Kansas…

10. 10 KS SBEAP 800-578-8898 January 2006 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. 11 KS SBEAP 800-578-8898 January 2006 What this means to your business Assess your air emission sources for compliance with the KAQA. Assess your air emission sources for compliance with the KAQA. Existing sources not permitted Existing sources not permitted New businesses or sources New businesses or sources Existing sources permitted, modifying or adding new equipment Existing sources permitted, modifying or adding new equipment Determine KAQA applicability and maintain records on site (not unlike RCRA determinations). Determine KAQA applicability and maintain records on site (not unlike RCRA determinations).

12. 12 KS SBEAP 800-578-8898 January 2006 Steps to making a determination Identify all emission sources (units or processes) at your facility. Identify all emission sources (units or processes) at your facility. Activity that emits or has the potential to emit Activity that emits or has the potential to emit Does not necessarily have to be connected to a stack or vent Does not necessarily have to be connected to a stack or vent Identify the pollutants being emitted. Identify the pollutants being emitted. Use MSDS, contact vendors Use MSDS, contact vendors NOx, SOx, CO, VOC, PM, HAP NOx, SOx, CO, VOC, PM, HAP

13. 13 KS SBEAP 800-578-8898 January 2006 Steps to making a determination Calculate your actual emissions and then your PTE or “potential to emit.” Calculate your actual emissions and then your PTE or “potential to emit.” Based on your PTE, do you trigger standards? Based on your PTE, do you trigger standards? Preconstruction Preconstruction Operating permits Operating permits Do you trigger other emission standards based on equipment type or HAP use? Do you trigger other emission standards based on equipment type or HAP use?

14. 14 KS SBEAP 800-578-8898 January 2006 What is potential to emit? The maximum amount of air pollution your facility can emit if The maximum amount of air pollution your facility can emit if Each process is operated at 100% of its physical and operational capacity. Each process is operated at 100% of its physical and operational capacity. All equipment is operating 24 hours per day, 365 days per year (8,760 hours per year). All equipment is operating 24 hours per day, 365 days per year (8,760 hours per year). Materials that emit the most air pollution are processed 100% of the time. Materials that emit the most air pollution are processed 100% of the time. No pollution control equipment is used. No pollution control equipment is used. * See SBEAP fact sheet

15. 15 KS SBEAP 800-578-8898 January 2006 Potential to emit Calculation methods Calculation methods Emission factors Emission factors Material balances Material balances Other approved methods Other approved methods Computer programs Computer programs Industry-specific emission factors Industry-specific emission factors Approved by KDHE on an individual basis Approved by KDHE on an individual basis Represent the source’s maximum capacity or worst case scenario emissions Represent the source’s maximum capacity or worst case scenario emissions

16. 16 KS SBEAP 800-578-8898 January 2006 Potential to emit Emission factors Emission factors Manufactures emission factors are best Manufactures emission factors are best Ap-42 is a compilation of factors for specific processes accepted by EPA Ap-42 is a compilation of factors for specific processes accepted by EPA http://www.epa.gov/ttn/chief/ap42/index.html http://www.epa.gov/ttn/chief/ap42/index.html http://www.epa.gov/ttn/chief/ap42/index.html Emission factor software and tools Emission factor software and tools http://www.epa.gov/ttn/chief/efpac/efsoftware.html http://www.epa.gov/ttn/chief/efpac/efsoftware.html http://www.epa.gov/ttn/chief/efpac/efsoftware.html

17. 17 KS SBEAP 800-578-8898 January 2006 Potential to emit Material balance: Material balance: Product in = product out (assumes constant inventory) Product in = product out (assumes constant inventory) Product in can be the purchased material. Product in can be the purchased material. Product out can be the emissions. Product out can be the emissions. Material balance can be applied to individual units or the whole process. Material balance can be applied to individual units or the whole process.

18. 18 KS SBEAP 800-578-8898 January 2006 Potential to emit SBEAP fact sheet SBEAP fact sheet Here’s how to calculate your potential to emit (Tab 5) Here’s how to calculate your potential to emit (Tab 5) Material balance example – most common method for solvent emissions (painting, coating, printing) Material balance example – most common method for solvent emissions (painting, coating, printing) Emission factor example – most common for non-solvent emissions (oil-fired boiler) Emission factor example – most common for non-solvent emissions (oil-fired boiler)

19. 19 KS SBEAP 800-578-8898 January 2006 Does the PTE trigger standards? Total all PTE emissions at your facility Total all PTE emissions at your facility Compare against KAQA standards Compare against KAQA standards Preconstruction standards Preconstruction standards Operating permits Operating permits Other requirement Other requirement

20. 20 KS SBEAP 800-578-8898 January 2006 KAQA standards Existing Program Preconstruction categories 28-19-300 Preconstruction categories 28-19-300 Approvals Approvals Permits Permits Operating permits Operating permits Class I Class I Class II Class II Class III Class III General permits General permits New Program Preconstruction categories (new fact sheet) Registration Approval Operating permits Class I Class II (Class III) (General)

21. 21 KS SBEAP 800-578-8898 January 2006 Class I If your PTE exceeds these thresholds, then you’ll need a Class I operating permit: If your PTE exceeds these thresholds, then you’ll need a Class I operating permit: 100 tons per year NOx, SOx, PM10, VOC, CO 100 tons per year NOx, SOx, PM10, VOC, CO 10 tons per year of any single hazardous air pollutant (HAP) 10 tons per year of any single hazardous air pollutant (HAP) 25 tons per year of combined HAPs 25 tons per year of combined HAPs

22. 22 KS SBEAP 800-578-8898 January 2006 Class II If your actual emissions are below the Class I thresholds but your PTE is above – then you can limit your PTE and apply for a Class II operating permit. If your actual emissions are below the Class I thresholds but your PTE is above – then you can limit your PTE and apply for a Class II operating permit. A Class II permit requires minimal record keeping and is simpler (and cheaper) than maintaining a Class I permit. A Class II permit requires minimal record keeping and is simpler (and cheaper) than maintaining a Class I permit. Class II permit-by-rule (KAR 28-19-561 - 564) Class II permit-by-rule (KAR 28-19-561 - 564)

23. 23 KS SBEAP 800-578-8898 January 2006 Solvent evaporative sources Class II permit-by-rule for solvent users (9 ton rule) KAR 28-19-562 Purchase or use less than 9 tons of VOC’s or HAPs or both in a 12-month period Purchase or use less than 9 tons of VOC’s or HAPs or both in a 12-month period Don’t have to calculate PTE, just need to maintain records to show below 9 tons Don’t have to calculate PTE, just need to maintain records to show below 9 tons If exceed 9 tons in 12-months have 60 days to notify and apply for a Class II operating permit If exceed 9 tons in 12-months have 60 days to notify and apply for a Class II operating permit

24. 24 KS SBEAP 800-578-8898 January 2006 Limit your PTE by Implementing pollution prevention Implementing pollution prevention Change the material Change the material Change the process Change the process Change the technology Change the technology Limiting your process rate Limiting your process rate Limiting hours of operation Limiting hours of operation Limiting amount of material processes Limiting amount of material processes Installation of a pollution control device Installation of a pollution control device Must be federally enforceable

25. 25 KS SBEAP 800-578-8898 January 2006 Other air requirements New Source Performance Standard (NSPS) New Source Performance Standard (NSPS) Trigger a NESHAP or MACT standard Trigger a NESHAP or MACT standard Located in Johnson and Wyandotte Counties subject to RACT rules Located in Johnson and Wyandotte Counties subject to RACT rules Have an incinerator Have an incinerator New Source Review (NSR) Reform New Source Review (NSR) Reform

26. 26 KS SBEAP 800-578-8898 January 2006 New Source Performance Standard Applies to newly constructed, reconstructed, or modified sources Applies to newly constructed, reconstructed, or modified sources Based on date of construction, reconstruction, or modification Based on date of construction, reconstruction, or modification KAR 28-19-720 40 CFR Part 60 KAR 28-19-720 40 CFR Part 60

27. 27 KS SBEAP 800-578-8898 January 2006 Questions? Our goal is protection of human health and the environment. Our goal is protection of human health and the environment. Our mission is to help small businesses comply with environmental regulations and identify pollution prevention opportunities. Our mission is to help small businesses comply with environmental regulations and identify pollution prevention opportunities. www.sbeap.org www.sbeap.org