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Electronic Code of Federal Regulations

e-CFR Data is current as of October 21, 2014

Title 40Chapter ISubchapter CPart 52 → Subpart R


Title 40: Protection of Environment
PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS


Subpart R—Kansas


Contents
§52.869   [Reserved]
§52.870   Identification of plan.
§52.871   Classification of regions.
§52.872   Operating permits.
§52.873   Approval status.
§52.874   Legal authority.
§52.875   Original identification of plan section.
§52.876   Compliance schedules.
§§52.877-52.880   [Reserved]
§52.881   PM10 State implementation plan development in group II areas.
§52.882   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of nitrogen oxides?
§52.883   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of sulfur dioxide?
§52.884   Significant deterioration of air quality.

§52.869   [Reserved]

§52.870   Identification of plan.

Link to an amendment published at 79 FR 62863, Oct. 21, 2014.

(a) Purpose and scope. This section sets forth the applicable SIP for Kansas under Section 110 of the CAA, 42 U.S.C. 7401 et seq. and 40 CFR Part 51 to meet NAAQS.

(b) Incorporation by reference.

(1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to December 1, 2008, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates after December 1, 2008, will be incorporated by reference in the next update to the SIP compilation.

(2) EPA Region 7 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated state rules/regulations which have been approved as part of the SIP as of December 1, 2008.

(3) Copies of the materials incorporated by reference may be inspected at the Environmental Protection Agency, Region 7, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219; at EPA Air and Radiation Docket and Information Center, EPA West Building, 1301 Constitution Avenue NW., Washington, DC 20460; or at the National Archives and Records Administration (NARA). If you wish to obtain material from the EPA Regional Office, please call (800) 223-0425 or (913) 551-7122; for material from a docket in EPA Headquarters Library, please call the Office of Air and Radiation Docket at (202) 566-1742. For information on the availability of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

(c) EPA-approved regulations.

EPA-Approved Kansas Regulations

Kansas citationTitleState effective dateEPA approval dateExplanation
Kansas Department of Health and Environment Ambient Air Quality Standards and Air Pollution Control
General Regulations
K.A.R. 28-19-6Statement of Policy1/1/725/31/72, 37 FR 10867Kansas revoked this rule 5/1/82.
K.A.R. 28-19-8Reporting Required1/23/957/17/95, 60 FR 36361
K.A.R. 28-19-9Time Schedule for Compliance5/1/8412/21/87, 52 FR 48265
K.A.R. 28-19-10Circumvention of Control Regulations1/1/715/31/72, 37 FR 10867
K.A.R. 28-19-11Exceptions Due to Breakdowns or Scheduled Maintenance1/1/7411/8/73, 38 FR 30876
K.A.R. 28-19-12Measurement of Emissions1/1/715/31/72, 37 FR 10867
K.A.R. 28-19-13Interference with Enjoyment of Life and Property1/1/7411/8/73, 38 FR 30876
K.A.R. 28-19-14Permits Required1/24/947/17/95, 60 FR 36361
K.A.R. 28-19-15Severability1/1/715/31/72, 37 FR 10867
Nonattainment Area Requirements
K.A.R. 28-19-16New Source Permit Requirements for Designated Nonattainment Areas10/16/891/16/90, 55 FR 1420
K.A.R. 28-19-16aDefinitions10/10/971/11/00, 65 FR 1545
K.A.R. 28-19-16bPermit Required10/16/891/16/90, 55 FR 1420
K.A.R. 28-19-16cCreditable Emission Reductions10/16/891/16/90, 55 FR 1420The EPA deferred action on the state's current definition of the terms “building, structure, facility, or installation”; “installation”; and “reconstruction.”
K.A.R. 28-19-16dFugitive Emission Exemption10/16/891/16/90, 55 FR 1420
K.A.R. 28-19-16eRelaxation of Existing Emission Limitations10/16/891/16/90, 55 FR 1420
K.A.R. 28-19-16fNew Source Emission Limits10/16/891/16/90, 55 FR 1420
K.A.R. 28-19-16gAttainment and Maintenance of National Ambient Air Quality Standards10/16/891/16/90, 55 FR 1420
K.A.R. 28-19-16hCompliance of Other Sources10/16/891/16/90, 55 FR 1420
K.A.R. 28-19-16iOperating Requirements10/16/891/16/90, 55 FR 1420
K.A.R. 28-19-16jRevocation and Suspension of Permit10/16/891/16/90, 55 FR 1420
K.A.R. 28-19-16kNotification Requirements10/16/891/16/90, 55 FR 1420
K.A.R. 28-19-16lFailure to Construct10/16/891/16/90, 55 FR 1420
K.A.R. 28-19-16mCompliance with Provisions of Law Required10/16/891/16/90, 55 FR 1420
Attainment Area Requirements
K.A.R. 28-19-17Prevention of Significant Deterioration of Air Quality11/22/022/26/03, 68 FR 8845K.A.R. 28-19-17a through 28-19-17q revoked. Provision moved to K.A.R. 28-19-350.
Stack Height Requirements
K.A.R. 28-19-18Stack Heights5/1/884/20/89, 54 FR 15934The state regulation has stack height credit. The EPA has not approved that part.
K.A.R. 28-19-18bDefinitions5/1/884/20/89, 54 FR 15934
K.A.R. 28-19-18cMethods for Determining Good Engineering Practice Stack Height5/1/884/20/89, 54 FR 15934
K.A.R. 28-19-18dFluid Modeling5/1/884/20/89, 54 FR 15934
K.A.R. 28-19-18eRelaxation of Existing Emission Limitations5/1/884/20/89, 54 FR 15934
K.A.R. 28-19-18fNotification Requirements5/1/884/20/89, 54 FR 15934
Continuous Emission Monitoring
K.A.R. 28-19-19Continuous Emission Monitoring6/8/921/12/93, 58 FR 3847
Processing Operation Emissions
K.A.R. 28-19-20Particulate Matter Emission Limitations10/16/891/16/90, 55 FR 1420
K.A.R. 28-19-21Additional Emission Restrictions10/16/891/16/90, 55 FR 1420
K.A.R. 28-19-23Hydrocarbon Emissions—Stationary Sources12/27/7211/8/73, 38 FR 30876
K.A.R. 28-19-24Control of Carbon Monoxide Emissions1/1/7211/8/73, 38 FR 30876
Indirect Heating Equipment Emissions
K.A.R. 28-19-30General Provisions1/1/725/31/72, 37 FR 10867
K.A.R. 28-19-31Emission Limitations11/8/9310/18/94, 59 FR 52425
K.A.R. 28-19-32Exemptions—Indirect Heating Equipment11/8/9310/18/94, 59 FR 52425
Incinerator Emissions
K.A.R. 28-19-40General Provisions1/1/715/31/72, 37 FR 10867
K.A.R. 28-19-41Restriction of Emission12/27/7211/8/73, 38 FR 30876
K.A.R. 28-19-42Performance Testing1/1/7211/8/73, 38 FR 30876
K.A.R. 28-19-43Exceptions1/1/715/31/72, 37 FR 10867
Air Pollution Emergencies
K.A.R. 28-19-55General Provisions1/1/725/31/72, 37 FR 10867
K.A.R. 28-19-56Episode Criteria10/16/891/16/90, 55 FR 1420
K.A.R. 28-19-57Emission Reduction Requirements1/1/725/31/72, 37 FR 10867
K.A.R. 28-19-58Emergency Episode Plans1/1/725/31/72, 37 FR 10867
Volatile Organic Compound Emissions
K.A.R. 28-19-61Definitions10/7/916/23/92, 57 FR 27936
K.A.R. 28-19-62Testing Procedures10/7/716/23/92, 57 FR 27936
K.A.R. 28-19-63Automobile and Light Duty Truck Surface Coating11/8/9310/18/94, 59 FR 52425
K.A.R. 28-19-64Bulk Gasoline Terminals5/1/885/18/88, 53 FR 17700
K.A.R. 28-19-65Volatile Organic Compounds (VOC) Liquid Storage in Permanent Fixed Roof Type Tanks5/1/885/18/88, 53 FR 17700
K.A.R. 28-19-66Volatile Organic Compounds (VOC) Liquid Storage in External Floating Roof Tanks5/1/885/18/88, 53 FR 17700
K.A.R. 28-19-67Petroleum Refineries5/1/861/2/87, 52 FR 53
K.A.R. 28-19-68Leaks from Petroleum Refinery Equipment5/1/861/2/87, 52 FR 53
K.A.R. 28-19-69Cutback Asphalt5/1/885/18/88, 53 FR 17700
K.A.R. 28-19-70Leaks from Gasoline Delivery Vessels and Vapor Collection Systems5/15/981/11/00, 65 FR 1545
K.A.R. 28-19-71Printing Operations5/1/885/18/88, 53 FR 17700
K.A.R. 28-19-72Gasoline Dispensing Facilities5/1/885/18/88, 53 FR 17700
K.A.R. 28-19-73Surface Coating of Miscellaneous Metal Parts and Products and Metal Furniture6/8/921/12/93, 58 FR 3847
K.A.R. 28-19-74Wool Fiberglass Manufacturing5/1/885/18/88, 53 FR 17700
K.A.R. 28-19-76Lithography Printing Operations10/7/916/23/92, 57 FR 27936
K.A.R. 28-19-77Chemical Processing Facilities That Operate Alcohol Plants or Liquid Detergent Plants10/7/916/23/92, 57 FR 27936
General Provisions
K.A.R. 28-19-200General Provisions; definitions10/10/971/11/00, 65 FR 1545New rule. Replaces K.A.R. 28-19-7 definitions.
K.A.R. 28-19-201General Provisions; Regulated Compounds List10/10/971/11/00, 65 FR 1545New rule. Replaces Regulated Compounds in K.A.R. 28-19-7.
K.A.R. 28-19-202Annual Emissions Fee11/5/20101/27/2014, 79 FR 4274Paragraph (c), has not been approved as part of the SIP.
K.A.R. 28-19-204Permit Issuance and Modification; Public Participation1/23/957/17/95, 60 FR 36361
K.A.R. 28-19-210Calculation of Actual Emissions11/22/931/11/00, 65 FR 1545
K.A.R. 28-19-212Approved Test Methods and Emission Compliance Determination Procedures1/23/957/17/95, 60 FR 36361
Construction Permits and Approvals
K.A.R. 28-19-300Applicability1/23/957/17/95, 60 FR 36361
K.A.R. 28-19-301Application and Issuance1/23/957/17/95, 60 FR 36361
K.A.R. 28-19-302Additional Provisions; Construction Permits1/23/957/17/95, 60 FR 36361
K.A.R. 28-19-303Additional Provisions; Construction Approvals1/23/957/17/95, 60 FR 36361
K.A.R. 28-19-304Fees1/23/957/17/95, 60 FR 36361
28-19-350Prevention of Significant Deterioration (PSD) of Air Quality12/28/20126-20-13
78 FR 37126
Provisions of the 2010 PM2.5 PSD—Increments, SILs and SMCs rule (75 FR 64865, October 20, 2010) relating to SILs and SMCs that were affected by the January 22, 2013 U.S. Court of Appeals decision are not SIP approved.
Provisions of the 2002 NSR reform rule relating to the Clean Unit Exemption, Pollution Control Projects, and exemption from recordkeeping provisions for certain sources using the actual-to-projected-actual emissions projections test are not SIP approved. In addition, we have not approved Kansas rule incorporating EPA's 2007 revision of the definition of “chemical processing plants” (the “Ethanol Rule,” 72 FR 24060 (May 1, 2007) or EPA's 2008 “fugitive emissions rule,” 73 FR 77882 (December 19, 2008).
General Permits
K.A.R. 28-19-400General Requirements1/23/957/17/95, 60 FR 36361
K.A.R. 28-19-401Adoption by the Secretary1/23/957/17/95, 60 FR 36361
K.A.R. 28-19-402Availability of Copies; Lists of Sources to Which Permits Issued1/23/957/17/95, 60 FR 36361
K.A.R. 28-19-403Application to Construct or Operate Pursuant to Terms of General Permits1/23/957/17/95, 60 FR 36361
K.A.R. 28-19-404Modification, Revocation1/23/957/17/95, 60 FR 36361
Operating Permits
K.A.R. 28-19-500Applicability1/23/957/17/95, 60 FR 36361
K.A.R. 28-19-501Emissions Limitations and Pollution Control Equipment for Class I and Class II Operating Permits; Conditions1/23/957/17/95, 60 FR 36361
K.A.R. 28-19-502Identical Procedural Requirements1/23/957/17/95, 60 FR 36361
Class II Operating Permits
K.A.R. 28-19-540Applicability1/23/957/17/95, 60 FR 36361
K.A.R. 28-19-541Application Timetable and Contents1/23/957/17/95, 60 FR 36361
K.A.R. 28-19-542Permit-by-Rule9/23/052/8/08, 73 FR 7468
K.A.R. 28-19-543Permit Term and Content; Operational Compliance1/23/957/17/95, 60 FR 36361
K.A.R. 28-19-544Modification of Sources or Operations1/23/957/17/95, 60 FR 36361
K.A.R. 28-19-545Application Fee1/23/957/17/95, 60 FR 36361
K.A.R. 28-19-546Annual Emission Inventory9/23/052/8/08, 73 FR 7468
K.A.R. 28-19-561Permit-by-Rule; Reciprocating Engines9/23/052/8/08, 73 FR 7468
K.A.R. 28-19-562Permit-by-Rule; Organic Solvent Evaporative Sources9/23/052/8/08, 73 FR 7468
K.A.R. 28-19-563Permit-by-Rule; Hot Mix Asphalt Facilities9/23/052/8/08, 73 FR 7468
K.A.R. 28-19-564Permit-by-Rule; Sources with Actual Emissions Less Than 50 Percent of Major Source Thresholds10/4/023/26/03, 68 FR 14540
Open Burning Restrictions
K.A.R. 28-19-645Open Burning Prohibited3/1/9610/2/96, 61 FR 51366
K.A.R. 28-19-646Responsibility for Open Burning3/1/9610/2/96, 61 FR 51366
K.A.R. 28-19-647Exceptions to Prohibition on Open Burning3/1/9610/2/96, 61 FR 51366
K.A.R. 28-19-648Agricultural Open Burning3/1/9610/2/96, 61 FR 51366
K.A.R. 28-19-650Emissions Opacity Limits1/29/991/11/00, 65 FR 1545New rule. Replaces K.A.R. 28-19-50 and 28-19-52.
Nitrogen Oxide Emissions
K.A.R. 28-19-712Definitions06/25/1002-20-13, 78 FR 11751
K.A.R. 28-19-712aApplicability06/25/1002-20-13, 78 FR 11751
   02-20-13, 78 FR 11751
K.A.R. 28-19-712bGeneral requirement for heavy-duty diesel vehicles06/25/1002-20-13, 78 FR 11751
K.A.R. 28-19-712cGeneral requirement for load and unload locations06/25/1002-20-13, 78 FR 11751
K.A.R. 28-19-712dExemptions06/25/1002-20-13, 78 FR 11751
K.A.R. 28-19-713Applicability06/25/1002-20-13, 78 FR 11751
K.A.R. 28-19-713aEmission limitation requirements06/25/1002-20-13, 78 FR 11751
K.A.R. 28-19-713bAlternate emissions limit06/25/1002-20-13, 78 FR 11751
K.A.R. 28-19-713cControl measures and equipment06/25/1002-20-13, 78 FR 11751
K.A.R. 28-19-713dCompliance demonstration, monitoring, and reporting requirements06/25/1002-20-13, 78 FR 11751
Volatile Organic Compound Emissions
K.A.R. 28-19-714Control of Emissions from Solvent Metal Cleaning9/1/0210/30/02, 67 FR 66058
K.A.R. 28-19-717Control of Volatile Organic Compound (VOC) Emissions from Commercial Bakery Ovens in Johnson and Wyandotte Counties12/22/0012/12/01, 66 FR 64148
K.A.R. 28-19-719Fuel Volatility4/27/012/13/02, 67 FR 6655
Conformity
K.A.R. 28-19-800General Conformity of Federal Actions3/15/9610/2/96, 61 FR 51366

(d) EPA-approved State source-specific permits.

EPA-Approved Kansas Source-Specific Requirements

Name of sourcePermit or case No.State effective dateEPA approval dateExplanation
(1) Board of Public Utilities, Quindaro Power Station209004810/20/9310/18/94, 59 FR 52425
(2) Board of Public Utilities, Kaw Power Station209004910/20/9310/18/94, 59 FR 52425
(3) Kansas City Power and Light Company12/5/0712/27/11, 76 FR 80759Certain provisions withdrawn from plan as identified in letter dated 12/1/11 from Kansas.
(4) Westar Energy, Inc2/29/0812/27/11, 76 FR 80759Certain provisions withdrawn from plan as identified in letter dated 12/1/11 from Kansas.

(e) EPA-approved nonregulatory provisions and quasi-regulatory measures.

EPA-Approved Kansas Nonregulatory Provisions

Name of nonregulatory SIP provisionApplicable geographic or Nonattainment areaState submittal dateEPA approval dateExplanation
(1) Implementation Plan for Attainment and Maintenance of the National Air Quality StandardsStatewide1/31/725/31/72, 37 FR 10867
(2) Comments on the Plan in Response to EPA ReviewKansas City3/24/726/22/73, 38 FR 16550Correction notice published 3/2/76.
(3) Emergency Episode Operations/Communications ManualKansas City4/6/7211/8/73, 38 FR 30876Correction notice published 3/2/76.
(4) Emergency Episode Operations/Communications ManualStatewide except Kansas City2/15/7311/8/73, 38 FR 30876Correction notice published 3/2/76.
(5) Letter Concerning Attainment of CO StandardsKansas City5/29/7311/8/73, 38 FR 30876Correction notice published 3/2/76.
(6) Amendment to State Air Quality Control Law Dealing with Public Access to Emissions DataStatewide7/27/7311/8/73, 38 FR 30876Correction notice published 3/2/76.
(7) Analysis and Recommendations Concerning Designation of Air Quality Maintenance AreasStatewide2/28/743/2/76, 41 FR 8956
(8) Ozone Nonattainment PlanKansas City9/17/794/3/81, 46 FR 20164
(9) Ozone Nonattainment PlanDouglas County10/22/794/3/81, 46 FR 20164
(10) TSP Nonattainment PlanKansas City3/10/804/3/81, 46 FR 20164
(11) Lead PlanStatewide2/17/8110/22/81, 46 FR 51742
(12) CO Nonattainment PlanWichita4/16/8112/15/81, 46 FR 61117
(13) Air Monitoring PlanStatewide10/16/811/22/82, 47 FR 3112
(14) Letter and Supporting Documentation Relating to Reasonably Available Control Technology for Certain Particulate Matter SourcesKansas City9/15/816/18/82, 47 FR 26387Correction notice published 1/12/84.
(15) Letter Agreeing to Follow EPA Interim Stack Height Policy for Each PSD Permit Issued Until EPA Revises the Stack Height RegulationsStatewide6/20/8412/11/84, 49 FR 48185
(16) Letters Pertaining to Permit FeesStatewide3/27/86, 9/15/8712/21/87, 52 FR 48265
(17) Revisions to the Ozone Attainment PlanKansas City7/2/86, 4/16/87, 8/18/87, 8/19/87, 1/6/885/18/88, 53 FR 17700
(18) Revised CO PlanWichita3/1/85, 9/3/8710/28/88, 53 FR 43691
(19) Letter Pertaining to the Effective Date of Continuous Emission Monitoring RegulationsStatewide1/6/8811/25/88, 53 FR 47690
(20) Letters Pertaining to New Source Permit Regulations, Stack Height Regulations, and Stack Height Analysis and Negative DeclarationsStatewide3/27/86, 12/7/87, 1/6/884/20/89, 54 FR 15934
(21) PM10 PlanStatewide10/5/89, 10/16/891/16/90, 55 FR 1420
(22) Ozone Maintenance PlanKansas City10/23/916/23/92, 57 FR 27936
(23) Letter Pertaining to PSD NOX RequirementsStatewide9/15/921/12/93, 58 FR 3847
(24) Small Business Assistance PlanStatewide1/25/945/12/94, 59 FR 24644
(25) Letter Regarding Compliance Verification Methods and Schedules Pertaining to the Board of Public Utilities Power PlantsKansas City12/11/9210/18/94, 59 FR 52425
(26) Emissions Inventory Update Including a Motor Vehicle Emissions BudgetKansas City5/11/954/25/96, 61 FR 18251
(27) Air monitoring planStatewide1/6/028/30/02, 67 FR 55726
(28) Maintenance Plan for the 1-hour ozone standard in the Kansas portion of the Kansas City maintenance area for the second ten-year periodKansas City1/9/031/13/04, 69 FR 1919
(29) Revision to Maintenance Plan for the 1-hour ozone standard in the Kansas portion of the Kansas City maintenance area for the second ten-year periodKansas City2/10/066/26/06, 71 FR 36213
(30) CAA 110(a)(2)(D)(i) SIP—Interstate TransportStatewide1/7/073/9/07, 72 FR 10608
(31) Maintenance Plan for the 8-hour ozone standard in the Kansas portion of the Kansas City areaKansas City5/23/078/9/07, 72 FR 44781.This plan replaces numbers (28) and (29).
(32) Section 110(a)(2) Infrastructure Requirements for the 1997 8-Hour Ozone NAAQSStatewide01/08/2008
07/20/2009
07/11/2011, 76 FR 40628This action addresses the following CAA elements, as applicable: 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M)
(33) Regional Haze Plan for the first implementation periodStatewide11/9/0912/27/11, 76 FR 80759Certain provisions withdrawn from plan as identified in letter dated 12/1/11 from Kansas.
(34) Section 110(a)(2) Infrastructure Requirements for the 1997 PM2.5 NAAQSStatewide1/08/20086-20-13, 78 FR 37126This action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D)(i)(II) (prongs 3 and 4), D(ii), (E), (F), (G), (H), (J), (K), (L), and (M), except as noted.
(35) Section 110(a)(2) Infrastructure Requirements for the 2006 PM2.5 NAAQSStatewide4/12/20106-20-13, 78 FR 37126This action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D)(i)(II) (prongs 3 and 4), D(ii), (E), (F), (G), (H), (J), (K), (L), and (M), except as noted.
(36) Section 128 Declaration: Kansas Department of Health and Environment Representation and Conflicts of Interest Provisions, Kansas Revised Statutes (KSA). KSA 46-221, KSA 46-229, KSA 46-247(c)Statewide3/19/20136-20-13, 78 FR 37126
(37) Section 110(a)(2) Infrastructure Requirements for the 2008 Pb NAAQSStatewide1/13/20129/15/2014, 79 FR 54908This action addresses the following CAA elements: 110 (a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M).

[64 FR 7098, Feb. 12, 1999, as amended at 65 FR 1547, Jan. 11, 2000; 65 FR 39551, June 27, 2000; 66 FR 64150, Dec. 12, 2001; 67 FR 6658, Feb. 13, 2002; 67 FR 55728, Aug. 30, 2002; 67 FR 66060, Oct. 30, 2002; 68 FR 8846, Feb. 26, 2003; 68 FR 14541, Mar. 26, 2003; 68 FR 34545, June 10, 2003; 68 FR 64533, Nov. 14, 2003; 69 FR 1921, Jan. 13, 2004; 71 FR 36215, June 26, 2006; 72 FR 10610, Mar. 9, 2007; 72 FR 29431, May 29, 2007; 72 FR 44784, Aug. 9, 2007; 73 FR 7471, Feb. 8, 2008; 74 FR 15857, Apr. 8, 2009; 76 FR 9664, Feb. 22, 2011; 76 FR 40628, July 11, 2011; 76 FR 80759, Dec. 27, 2011; 78 FR 11753, Feb. 20, 2013; 78 FR 37976, June 25, 2013; 78 FR 37128, June 20, 2013; 79 FR 4276, Jan. 27, 2014; 79 FR 54909, Sept. 15, 2014]

§52.871   Classification of regions.

The Kansas plan was evaluated on the basis of the following classifications:

Air quality control regionPollutant
Particulate matterSulfur oxidesNitrogen dioxideCarbon monoxidePhotochemical oxidants (hydrocarbons)
Metropolitan Kansas City InterstateIIIIIIIII
South Central Kansas IntrastateIIIIIIIIIII
Northeast Kansas IntrastateIIIIIIIIIIIII
Southeast Kansas IntrastateIIIIIIIIIIIIIII
North Central Kansas IntrastateIIIIIIIIIIIII
Northwest Kansas IntrastateIIIIIIIIIIIII
Southwest Kansas IntrastateIIIIIIIIIIIII

[37 FR 10867, May 31, 1972]

§52.872   Operating permits.

Emission limitations and related provisions which are established in Kansas operating permits as Federally enforceable conditions shall be enforceable by EPA. EPA reserves the right to deem permit conditions not Federally enforceable. Such a determination will be made according to appropriate procedures and be based upon the permit, permit approval procedures, or permit requirements which do not conform with the operating permit program requirements or the requirements of EPA underlying regulations.

[60 FR 36364, July 17, 1995]

§52.873   Approval status.

(a) The Kansas portion of the Kansas City metropolitan area was designated as nonattainment for ozone in 40 CFR part 81. Therefore, the Administrator approves continuation of the 7.8 RVP limit as federally enforceable in the Kansas City metropolitan area, even after the area is redesignated to attainment, because of its nonattainment designation effective January 6, 1992. Also, the requirement for 7.8 psi RVP volatility is deemed necessary to ensure attainment and maintenance of the ozone standard as demonstrated by the emissions inventory projections (based on use of 7.8 psi RVP) in Kansas' ozone maintenance plan for the Kansas City metropolitan area.

(b) [Reserved]

(c) The Administrator approves Rule K.A.R. 28-19-31 as identified at §52.870(c)(29), with the understanding that any alternative compliance plans issued under this rule must be approved by EPA as individual SIP revisions.

[37 FR 10867, May 31, 1972, as amended at 46 FR 20170, Apr. 3, 1981; 46 FR 61118, Dec. 15, 1981; 57 FR 27939, June 23, 1992; 59 FR 52427, Oct. 18, 1994; 61 FR 16061, Apr. 11, 1996]

§52.874   Legal authority.

(a) The requirements of §51.230(f) of this chapter are not met since authority to make emission data available to the public is inadequate. Kansas Statutes Annotated 65-3015 would require confidential treatment if the data related to processes or production unique to the owner or would tend to affect adversely the competitive position of the owner.

(b) The requirements of §51.232(b) of this chapter are not met since the following deficiencies exist in the local agency legal authority:

(1) Kansas City, Kans.-Wyandotte County Health Department. (i) Authority to make emission data available to the public is inadequate because the Kansas Statutes Annotated 65-3016 provides a designated local air quality conservation authority with the same authority as the State (§51.230(f) of this chapter).

(2) Topeka-Shawnee County Health Department. (i) Authority to make emission data available to the public is inadequate because the Kansas Statutes Annotated 65-3016 provides a designated air quality conservation authority with the same authority as the State (§51.230(f) of this chapter).

(3) Wichita-Sedgwick County Health Department. (i) Authority to make emission data available to the public is inadequate because the Kansas Statutes Annotated 65-3016 provides a designated local air quality conservation authority with the same authority as the State (§51.230(f) of this chapter).

(c) The requirements of §51.230(d) of this chapter are not met since statutory authority to prevent construction, modification, or operation of a facility, building, structure, or installation, or combination thereof, which indirectly results or may result in emissions of any air pollutant at any location which will prevent the maintenance of a national air quality standard is not adequate.

[37 FR 10867, May 31, 1972, as amended at 39 FR 7281, Feb. 25, 1974; 51 FR 40676, Nov. 7, 1986]

§52.875   Original identification of plan section.

(a) This section identifies the original “Air Quality Implementation Plan for the State of Kansas” and all revisions submitted by Kansas that were Federally approved prior to July 1, 1998.

(b) The plan was officially submitted on January 31, 1972.

(c) The plan revisions listed below were submitted on the dates specified.

(1) Various comments on the plan in response to the Regions review were submitted on March 24, 1972, by the State Department of Health. (Non-regulatory)

(2) The Emergency Episode Operations/Communications Manual for the Kansas City Interstate AQCR was submitted on April 6, 1972, by the State Department of Health. (Non-regulatory)

(3) Emergency Episode Operations/Communications Manual for all Kansas Intrastate AQCR's was submitted on February 15, 1973, by the State Department of Health. (Non-regulatory)

(4) Revisions of sections 28-19-6 through 15, 20-24, 30-32, 40-47, 50-52 and 55-58 of the State air pollution control regulations were submitted by the State Department of Health on April 17, 1973.

(5) Letter from the Governor, dated May 29, 1973, concerning the attainment of CO emission standards. (Non-regulatory)

(6) An amendment to the State air quality control law, Senate Bill No. 30, dealing with public access to emission data was submitted on July 27, 1973, by the Governor.

(7) Revisions of sections 28-19-8, 9, 14, 22, 25 and 47 of the State air pollution control regulations were submitted on February 6, 1974, by the Governor.

(8) Copy of the State's analysis and recommendations concerning the designation of Air Quality Maintenance Areas was submitted by letter from the State Department of Health on February 28, 1974. (Non-regulatory)

(9) Kansas submitted State Implementation Plan (SIP) revisions to attain the National Ambient Air Quality Standards on September 17, 1979 for Wyandotte and Johnson Counties, on October 22, 1979 for Douglas County, and on March 10, 1980 for Kansas City of the state designated nonattainment areas under section 107 of the Clean Air Act as amended in 1977. On September 22 and 25, 1980, the state submitted revised regulations on the control of volatile organic compounds and a regulation on the new source permit review program. Included in the plan are the following approved state air pollution control regulations:

(i) The VOC regulations which EPA approved as RACT: 28-19-61 Definitions, 28-19-62 Testing Procedures, 28-19-63 Automobile and Light Duty Trunk Surface Coating, 28-19-65 Petroleum Liquid Storage Tanks, 28-19-66 Petroleum Liquid Storage in External Floating Roof Tanks, 28-19-67 Petroleum Refineries, 28-19-68 Leaks from Petroleum Refinery Equipment, 28-19-69 Cutback Asphalt.

(ii) The New Source Permit Review regulation 28-19-16 through 16m which EPA conditionally approved as meeting the requirements of sections 172(b)(6); 172(b)(11)(A), and 173.

(iii) The Kansas City-Wyandotte County air pollution control regulations which have been adopted by both the Kansas City, Kansas Board of City Commissioners and the Wyandotte County Board of County Commissioners:

2A-1 Jurisdiction, 2A-2 Purpose, 2A-3 Definitions, 2A-4 Powers of the Board, 2A-5 Facts and Circumstances Pertinent to Orders of Joint Board, 2A-6 Right of Entry for Inspection, 2A-7 Time for Compliance Schedule, 2A-8 Variance, 2A-9 Circumvention of Chapter or Regulations, 2A-10 Air Pollution Nuisances Prohibited; Additional Emission Restrictions; Interference with the Enjoyment of Life and Property, 2A-11 Reserved, 2A-12 Confidential Information, 2A-13 Registration and Permit System; Exemptions, 2A-14 Review of New or Altered Sources, 2A-15 Public Hearings, 2A-16 Installations in which Fuel is Burned, 2A-17 Restriction of Emission of Particulate Matter from Industrial Processes, 2A-18 Open Burning Prohibition, 2A-19 Opacity Requirements, 2A-20 Exceptions Due to Breakdowns or Scheduled Maintenance, 2A-21 Preventing Particulate Matter from Becoming Air-Borne, 2A-22 Measurement of Emissions, 2A-23 Restriction of Emission of Odors, 2A-24 Sulfur Compound Emissions, 2A-24.1 Hydrocarbon Emissions; Stationary Sources, 2A-25 Control of Carbon Monoxide Emissions, 2A-26 Control of Nitrogen Oxide Emissions, 2A-26.1 Incinerators, 2A-27 Air Pollution Emergencies—General Provisions, 2A-28 Air Pollution Emergencies—Episode Criteria, 2A-29 Emission Reduction Requirements, 2A-30 Emergency Episode Plans, 2A-31 Penalties for Violation of Chapter or Air Pollution Control Regulations, and 2A-32 Conflict of Ordinances, Effect Partial Invalidity.

(10) The Kansas State Implementation Plan for lead was submitted on February 17, 1981, by the Governor of Kansas, along with a submittal letter which provided additional information concerning the Kansas State Implementation Plan for lead.

(11) Kansas submitted SIP revisions to attain and maintain the National Ambient Air Quality Standards for carbon monoxide on April 16, 1981, for the South Central Kansas Interstate Air Quality Control Region, Wichita nonattainment area. The plan included commitments to complete transportation control measures for the reduction of carbon monoxide from transportation related sources for the attainment of the national standards by December 31, 1982.

(12) A plan revision which makes modifications to the existing Kansas air quality surveillance network was submitted by the Kansas Department of Health and Environment on October 16, 1981.

(13) Additional information to correct two plan deficiencies was submitted by the Kansas Department of Health and Environment on May 12, 1981.

(14) Letter and supporting documents submitted on September 15, 1981, from the Director of Air Quality and Occupational Health relating to reasonably available control technology for certain particulate matter sources in the Kansas City, Kansas area.

(15) New regulations 28-19-70 and 28-19-62 applicable to tank trucks operating at bulk gasoline terminals were submitted by the Kansas Department of Health and Environment on June 15, 1982. State regulation 28-19-51 is revoked. Revised regulations 28-19-16, 28-19-16a, 28-19-16b, 28-19-16c, 28-19-16f, 28-19-16g, 28-19-16h, and 28-19-16i, applicable to new sources in nonattainment areas were included with the June 15, 1982 submittal. Action is deferred on the following regulations: 28-19-16a(d), 28-19-16a(v), 28-19-16, 28-19-16b, 28-19-16c, 28-19-16f, 28-19-16h, 28-19-16i, and 28-19-16a(o). The remainder of the provisions are approved.

(16) New regulations K.A.R. 28-19-17 through K.A.R. 28-19-171 applicable to stationary sources subject to prevention of significant deterioration (PSD) permit requirements were submitted on May 5, 1983. Regulation K.A.R. 28-19-171 pertaining to the use of innovative control technology is not approved. By letter dated June 20, 1984, the State of Kansas agrees to follow the EPA interim stack height policy for each PSD permit issued until such time as EPA revises its general stack height regulations.

(17) Revised regulation K.A.R. 28-19-69, applicable to the use of cutback asphalt, was submitted by the Secretary of the Kansas Department of Health and Environment on February 21, 1986.

(i) Incorporation by reference. (A) Revised regulation K.A.R. 28-19-69 as approved by the Kansas Attorney General on December 5, 1985.

(18) Revised regulations K.A.R. 28-19-63 applicable to automobile and light-duty truck surface coating; K.A.R. 28-19-64 applicable to bulk gasoline terminals; K.A.R. 28-19-67 applicable to petroleum refineries; and K.A.R. 28-19-68 applicable to leaks at petroleum refineries, were submitted by the Secretary of the Kansas Department of Health and Environment on February 21, 1986.

(i) Incorporation by reference. (A) Revised regulations K.A.R. 28-19-63, K.A.R. 28-19-64, K.A.R. 28-19-67, and K.A.R. 28-19-68 as approved by the Kansas Attorney General on October 30, 1985.

(19) Revised Kansas regulations pertaining to fees for permits to construct and operate were submitted by the Kansas Department of Health and Environment on March 27, 1986.

(i) Incorporation by reference. (A) Kansas Administrative Regulations (KAR) 28-19-7, 28-19-8, 28-19-9, 28-19-14, 14(a) and 14(b), 28-19-31, 28-19-45, which became effective on May 1, 1986.

(B) Letter of March 27, 1986 to EPA from the State of Kansas Department of Health and Environment.

(C) Letter of September 15, 1987 to EPA from the State of Kansas Department of Health and Environment.

(20) Revisions to the ozone attainment plan for the Kansas City metropolitan area were submitted by the Governor on July 2, 1986. Pursuant to this plan, revised regulations for the control of volatile organic compound emissions were submitted by the Secretary of the Kansas Department of Health and Environment on January 6, 1988. In numerous instances, the revised Kansas regulations provide for departmental discretion to approve compliance plans and test methods which are alternatives to the EPA reference methods. EPA approves these regulations with the understanding that all such alternative compliance plans and test methods must be submitted to EPA, and approved, as individual SIP revisions. In the absence of such approval, the enforceable requirements of the SIP shall be the emission limits or reduction requirements stated in the regulations. Also, the Kansas regulations contain provisions whereby testing is required when the facility intends to demonstrate compliance by improved operations or new emission controls, yet no test procedures are specified. Examples of such provisions are transfer efficiency (TE) and vapor processing systems. Test methods which are developed by the state must be approved by EPA before facilities may demonstrate compliance through alternative controls and/or TE.

(i) Incorporation by reference. (A) Revised regulations K.A.R. 28-19-8, Reporting required; K.A.R. 28-19-61, Definitions; K.A.R. 28-19-62, Testing procedures; K.A.R. 28-19-63, Automobile and light-duty truck surface coating; K.A.R. 28-19-64, Bulk gasoline terminals; K.A.R. 28-19-65, VOC liquid storage in permanent fixed roof type tanks; K.A.R. 28-19-66, VOC liquid storage in external floating roof tanks; K.A.R. 28-19-69, Cutback asphalt; K.A.R. 28-19-70, Leaks from gasoline delivery vessels and vapor collection systems; K.A.R. 28-19-71, Printing operations; K.A.R. 28-19-72, Gasoline dispensing facilities; K.A.R. 28-19-73, Surface coating of miscellaneous metal parts and products and metal furniture; K.A.R. 28-19-74, Wool fiberglass manufacturing; and K.A.R. 28-19-75, Solvent metal cleaning. Temporary versions of these regulations are effective December 16, 1987, through April 30, 1988. The permanent regulations are effective May 1, 1988.

(B) Letter of January 6, 1988, from the Secretary of the Kansas Department of Health and Environment. This letter establishes the effective dates for the revised regulations referenced in subparagraph (20)(i)(A) above.

(ii) Additional material. (A) State of Kansas Implementation Plan, Part A—Kansas City Metropolitan Area, Ozone, dated June 1986, submitted by the Governor on July 2, 1986. The plan contains an attainment demonstration, emissions inventories, and a control strategy.

(B) Supplemental information, pursuant to the above referenced plan, was submitted on August 19, 1987.

(C) Negative declarations for certain VOC source categories were submitted on April 16 and August 18, 1987.

(21) Revised Kansas regulations applicable to air quality models and definitions were submitted by the Kansas Department of Health and Environment on January 6, 1988.

(i) Incorporation by reference. (A) Kansas Administrative Regulations (K.A.R.) 28-19-17(f) and 28-19-7 (a) through (f) and (h) through (w) which became effective December 16, 1987. EPA is deferring action on 28-19-7(g), Emission Limitation and Standard.

(22) On March 1, 1985, the Governor of Kansas submitted a revised carbon monoxide state implementation plan for Wichita, Kansas. On September 3, 1987, the Kansas Department of Health and Environment submitted two new transportation control measures as part of the revised Wichita carbon monoxide control plan.

(i) Incorporation by reference. (A) Letter of September 3, 1987, from the Kansas Department of Health and Environment and attached transportation control measures adopted August 18, 1987.

(B) Revision of the Wichita-Sedgwick County Portion of the Kansas State Implementation Plan for Carbon Monoxide submitted by the Governor on March 1, 1985. The plan contains an attainment demonstration, emissions inventory, and a control strategy.

(23) Kansas Administrative Regulations (K.A.R.) 28-19-19(a) through 28-19-19(o) pertaining to continuous emission monitoring at certain stationary sources were submitted on January 6, 1988, by the Kansas Department of Health and Environment. K.A.R. 28-19-19(o) allows for departmental discretion on use of different but equivalent procedures than those specified in 28-19-19(a) through 28-19-19(n). EPA approves this rule with the understanding that all such equivalent procedures and requirements must be submitted to EPA as individual SIP revisions. In the absence of such approval, the enforceable provisions of K.A.R. 28-19-19(a) through 28-19-19(n) shall be applicable.

(i) Incorporation by reference. (A) K.A.R. 28-19-19(a) through 28-19-19(o), continuous emission monitoring, as submitted by the Secretary of the Kansas Department of Health and Environment. These regulations became effective on May 1, 1988.

(B) Letter of January 6, 1988, from the Secretary of the Kansas Department of Health and Environment. This letter establishes the effective date for the revised regulations referenced in paragraph (23)(i)(A) of this section.

(24) Revised regulations K.A.R. 28-19-7(g), K.A.R. 28-19-16, and K.A.R. 28-19-17 pertaining to new source permit requirements, were submitted by the Secretary of the Kansas Department of Health and Environment on March 27, 1986. Revised regulation K.A.R. 28-19-18 pertaining to stack heights was submitted by the Secretary of the Kansas Department of Health and Environment on January 6, 1988.

(i) Incorporation by reference. (A) Revised regulations, K.A.R. 28-19-16, 28-19-16b, 28-19-16d, 28-19-16g, 28-19-16i, 28-19-161, 28-19-17, 28-19-17a, and 28-19-17b, which became effective on May 1, 1986.

(B) Revised regulations K.A.R. 28-19-7(g), and K.A.R. 28-19-18 through 28-19-18f. The temporary regulations became effective December 16, 1987, and became permanently effective on May 1, 1988.

(ii) Additional material. (A) KDHE letter of March 27, 1986, to EPA pertaining to new source permit regulations.

(B) KDHE letter of January 6, 1988, and June 9, 1988, to EPA pertaining to stack height regulations.

(C) KDHE letters of December 7, 1987, and December 23, 1987, pertaining to the state's stack heights analysis and negative declarations.

(25) Revised Kansas Administrative Regulations (K.A.R.) pertaining to PM10 regulations and the PM10 committal SIP were submitted by Kansas on October 5, 1989.

(i) Incorporation by reference. (A) Revised regulations Article 19—Ambient Air Quality Standards and Air Pollution Control, K.A.R. 28-19-7, 28-19-8, 28-19-14, 28-19-16a, 28-19-17a, 28-19-17b, 28-19-17c, 28-19-17g, 28-19-17i, 28-19-20, 28-19-21, and 28-19-56, published August 31, 1989, effective October 16, 1989.

(ii) Additional material.(A) Letter of October 5, 1989, from the Secretary of the Kansas Department of Health and Environment (KDHE).

(B) Memorandum of October 16, 1989, from the Secretary of State (Kansas) to Stanley Grant (KDHE).

(C) Revised Air Quality Surveillance Monitoring Plan—Section E.

(26) Revisions to the state implementation plan for the Kansas City metropolitan area were submitted by the Governor on October 23, 1991. Revisions include a maintenance plan which demonstrates continued attainment of the NAAQS for ozone through the year 2002. Rule revisions were also submitted on October 23, 1991.

(i) Incorporation by reference. (A) Article 19—Ambient Air Quality Standards and Air Pollution Control, revised Kansas Administrative Regulations (K.A.R.) 28-19-61, Definitions, and K.A.R. 28-19-62, Testing procedures; and new rules K.A.R. 28-19-76, Lithography printing facilities, and K.A.R. 28-19-77, Chemical processing facilities that operate alcohol plants or liquid detergent plants. These rules were published August 22, 1991, and became effective October 7, 1991.

(ii) Additional material. (A) State of Kansas Implementation Plan, Kansas City Metropolitan Area Maintenance Provisions, October 1991.

(27) On September 15, 1992, the Secretary of KDHE submitted rule revisions to K.A.R. 28-19-17, the PSD rule; to K.A.R. 28-19-19, the CEM rule; and to K.A.R. 28-19-73, a surface coating rule. These rule revisions were adopted by KDHE on April 3, 1992.

(i) Incorporation by reference. (A) Revised regulations K.A.R. 28-19-17 through 28-19-171, K.A.R. 28-19-19 and K.A.R. 28-19-73, and new regulations K.A.R. 28-19-17m through 28-19-17q, effective June 8, 1992.

(ii) Additional material. (A) Letter and attachment from KDHE dated September 15, 1992 pertaining to PSD NOX requirements.

(28) A plan for implementation of the Small Business Stationary Source Technical and Environmental Compliance Assistance Program was submitted by the Kansas Department of Health and Environment as a revision to the Kansas State Implementation Plan (SIP) on January 25, 1994.

(i) Incorporation by reference. (A) Kansas SIP, Small Business Stationary Source Technical and Environmental Compliance Assistance Program, dated November 15, 1993.

(29) On May 16, 1994 the Secretary of KDHE submitted revisions to rules K.A.R. 28-19-31, 28-19-32, 28-19-63, and operating permits #20090048 (BPU Quindaro station) and #20090049 (BPU Kaw station).

(i) Incorporation by reference. (A) Revised regulations K.A.R. 28-19-31, K.A.R. 28-19-32, K.A.R. 28-19-63, effective November 8, 1993.

(B) Operating permits; Kansas City, Kansas, Board of Public Utilities Quindaro permit #20090048, and Kaw permit #20090049, effective October 20, 1993.

(ii) Additional material. (A) Letter from BPU to KDHE dated December 11, 1992, regarding compliance verification methods and schedules.

(30) On February 17, 1995, the Secretary of the Kansas Department of Health and Environment (KDHE) submitted for approval numerous rule revisions which add and revise definitions, revise the Kansas construction permit program, and create a class II operating permit program.

(i) Incorporation by reference. (A) Revised rules K.A.R. 28-19-7 effective November 22, 1993; K.A.R. 28-19-8 effective January 23, 1995; K.A.R. 28-19-14 effective January 24, 1994; and the revocation of K.A.R. 28-19-14a effective January 23, 1995; and the revocation of K.A.R. 28-19-14b effective January 24, 1994.

(B) New rules K.A.R. 28-19-204, 212, 300, 301, 302, 303, 304, 400, 401, 402, 403, 404, 500, 501, 502, 540, 541, 542, 543, 544, 545, 546, 561, 562, and 563 effective January 23, 1995.

(31) On May 11, 1995, the Kansas Department of Health and Environment submitted an emissions inventory update to the Kansas City maintenance plan approved by EPA on June 23, 1992. The submittal also establishes a motor vehicle emissions budget for the purpose of fulfilling the requirements of the Federal Transportation Conformity rule.

(i) Incorporation by reference. (A) Kansas City Ozone Maintenance State Implementation Plan Revision: Emissions Inventories and Motor Vehicle Emissions Budgets for the Kansas City Metropolitan Area, adopted on May 11, 1995.

(32) A Plan revision was submitted by the Kansas Department of Health and Environment (KDHE) on June 6, 1996, which incorporates by reference the EPA's regulations relating to determining conformity of general Federal actions to State or Federal Implementation Plans, and which revokes old and adopts new open burning regulations.

(i) Incorporation by reference. (A) Regulation K.A.R. 28-19-800, adopted by the Secretary of the KDHE on February 21, 1996, effective March 15, 1996.

(B) Regulations K.A.R. 28-19-645 to K.A.R. 28-19-648, adopted by the Secretary of KDHE on February 6, 1996, effective March 1, 1996.

(C) Regulations K.A.R. 28-19-45 to K.A.R. 28-19-47, revoked by the Secretary of KDHE on February 6, 1996, effective March 1, 1996.

(33) A revision to the Kansas SIP was submitted by the Kansas Department of Health and Environment on May 23, 1997, pertaining to fuel volatility.

(i) Incorporation by reference. (A) K.A.R. 28-19-79, Fuel Volatility, effective May 2, 1997.

(d) Plan revisions were submitted on April 17, 1974, and February 17, 1974.

[37 FR 10867, May 31, 1972]

Editorial Note: For Federal Register citations affecting §52.875, see the List of CFR Sections Affected, which appears in the Finding Aids sections of the printed volume and at www.fdsys.gov.

§52.876   Compliance schedules.

(a) The requirements of §51.260 and of §51.15(a)(2) of this chapter as of September 19, 1976 (40 FR 43216), are not met since the plan does not contain legally enforceable compliance schedules setting forth the dates by which all stationary sources or categories of such sources must be in compliance with applicable portions of the control strategy. Paragraphs C and D of Kansas Regulation 28-19-9 specify that all sources not in compliance must submit an acceptable compliance schedule within 120 days after receiving notification from the State. There are no assurances that all sources will be notified by the State in a timely manner, therefore, paragraphs C and D of Regulation 28-19-9 are disapproved.

(b) Federal compliance schedule. (1) Except as provided in paragraph (2) of this paragraph (b), the owner or operator of any stationary source subject to any emission regulation which is part of the approved plan shall be in compliance on or before January 31, 1974.

(i) Any owner or operator in compliance with any such applicable regulation on the effective date of this paragraph shall certify such compliance to the Administrator no later than December 31, 1972.

(ii) Any owner or operator who achieves compliance with any such applicable regulation after the effective date of this paragraph shall certify such compliance to the Administrator within 5 days of the date compliance is achieved.

(2) An owner or operator of a stationary source subject to any emission regulation approved by the Administrator may no later than December 31, 1972, submit to the Administrator for approval a proposed compliance schedule that demonstrates compliance with such regulation as expeditiously as practicable, but no later than July 31, 1975. The compliance schedule shall provide for periodic increments of progress toward compliance. The dates for achievement of such increments shall be specified. Increments of progress shall include, but not be limited to: Letting of necessary contracts for construction or process changes, if applicable; initiation of construction; completion and startup of control systems; performance tests; and submittal of performance test analysis and results.

(3) Any owner or operator who submits a compliance schedule pursuant to this paragraph shall, within 5 days after the deadline for each increment of progress, certify to the Administrator whether or not the required increment of the approved compliance schedule has been met.

(4) Any compliance schedule adopted by the State and approved by the Administrator shall satisfy the requirements of this paragraph for the affected source.

(c) State compliance schedules. (1) [Reserved]

(2) The compliance schedules identified below are disapproved as not meeting the requirements of §51.102 or subpart N of this chapter. All regulations cited are air pollution control regulations of the state, unless otherwise noted.

Kansas

SourceLocationRegulation involvedDate adopted
Chanute Manufacturing Co., Inc.: sand blastingChanute28-19-50Dec. 14, 1973.
Kansas City Power & Light, coal transfer housesLaCygne28-19-50Nov. 22, 1974.
Pence Food Center, incineratorChanute28-19-40      Do.
Rodney Milling Co.:
“A” house gallery and tunnel systemTopeka28-19-50      Do.
“B” & “C” house gallery......do28-19-50      Do.
Western Alfalfa Corp., alfalfa dehydratorDeerfield28-19-20      Do.
      DoTice28-19-20      Do.
Pence Food Center, incineratorHumboldt28-19-40      Do.
Sherwin-Williams Chemicals, Ozark P.M. MillCoffeyville28-19-50BOct. 8, 1974.
Continental Grain Co., rail car loadingHutchinson28-19-50Aug. 15, 1974.
Far-Mar-Co, Inc., headhouse cyclonesTopeka28-19-50Sept. 5, 1974.
      DoHutchinson28-19-50Aug. 15, 1974.
Western Iron & Foundry, cupolaWichita28-19-20A, 28-19-50AOct. 4, 1974.
Kansas Army Ammunition Plant, open burningParsons28-19-45Jan. 24, 1975.
Reid Grain, headhouseGoodland28-19-50      Do.
Sherwin-Williams Chemicals, black ash kilnCoffeyville28-19-50A      Do.
Cooperative Farm Chemicals, No. 1 NH4 NO399-percent evaporator and prilling towerLawrence28-19-20Mar. 28, 1975.
Sherwin-Williams Chemical Co., ozide calciner exhaustCoffeyville28-19-50A      Do.
Kaw Dehydrating Co., alfalfa dehydratorLawrence28-19-20      Do.
Empire Dist. Electric Co.: Boilers Nos. 7 and 8Riverton28-19-31CMay 23, 1975.
Gulf Oil Chemicals Co.: Coal-fired boilerPittsburg28-19-31      Do.
Kansas City Power & Light: Main boilerLa Cygne28-19-31B      Do.
Mid-America Dairymen: Spray dryers Nos. 1 and 2Sabetha28-19-20      Do.
Tower Metal Products: Reverberatory furnace CFort Scott28-19-50A      Do.
U.S. Steel—Universal Atlas CementIndependence
Clay storage bin28-19-50A      Do.
Stone storage bin28-19-50A      Do.
Krupp Ball Mill No. 228-19-50A      Do.
Krupp Ball Mill No. 328-19-50A      Do.

[37 FR 19809, Sept. 22, 1972]

Editorial Note: For Federal Register citations affecting §52.876, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.

§§52.877-52.880   [Reserved]

§52.881   PM10 State implementation plan development in group II areas.

The state has submitted a committal SIP for Kansas City, Kansas. The committal SIP contains all the requirements identified in the July 1, 1987, promulgation of the SIP requirements for PM10 at 52 FR 24681, except the state will report the PM10 data which exceed the standard within 60 days of the exceedance, rather than 45 days.

[55 FR 1423, Jan. 16, 1990]

§52.882   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of nitrogen oxides?

(a)(1) The owner and operator of each source and each unit located in the State of Kansas and Indian country within the borders of the State and for which requirements are set forth under the TR NOX Annual Trading Program in subpart AAAAA of part 97 of this chapter must comply with such requirements. The obligation to comply with such requirements with regard to sources and units in the State will be eliminated by the promulgation of an approval by the Administrator of a revision to Kansas' State Implementation Plan (SIP) as correcting in part the SIP's deficiency that is the basis for the TR Federal Implementation Plan under §52.38(a), except to the extent the Administrator's approval is partial or conditional. The obligation to comply with such requirements with regard to sources and units located in Indian country within the borders of the State will not be eliminated by the promulgation of an approval by the Administrator of a revision to Kansas' SIP.

(2) Notwithstanding the provisions of paragraph (a)(1) of this section, if, at the time of the approval of Kansas' SIP revision described in paragraph (a)(1) of this section, the Administrator has already started recording any allocations of TR NOX Annual allowances under subpart AAAAA of part 97 of this chapter to units in the State for a control period in any year, the provisions of subpart AAAAA of part 97 of this chapter authorizing the Administrator to complete the allocation and recordation of TR NOX Annual allowances to units in the State for each such control period shall continue to apply, unless provided otherwise by such approval of the State's SIP revision.

(b) [Reserved]

[76 FR 48365, Aug. 8, 2011]

§52.883   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of sulfur dioxide?

(a) The owner and operator of each source and each unit located in the State of Kansas and Indian country within the borders of the State and for which requirements are set forth under the TR SO2 Group 2 Trading Program in subpart DDDDD of part 97 of this chapter must comply with such requirements. The obligation to comply with such requirements will be eliminated with regard to sources and units in the State by the promulgation of an approval by the Administrator of a revision to Kansas' State Implementation Plan (SIP) as correcting in part the SIP's deficiency that is the basis for the TR Federal Implementation Plan under §52.39, except to the extent the Administrator's approval is partial or conditional. The obligation to comply with such requirements with regard to sources and units located in Indian country within the borders of the State will not be eliminated by the promulgation of an approval by the Administrator of a revision to Kansas' SIP.

(b) Notwithstanding the provisions of paragraph (a) of this section, if, at the time of the approval of Kansas' SIP revision described in paragraph (a) of this section, the Administrator has already started recording any allocations of TR SO2 Group 2 allowances under subpart DDDDD of part 97 of this chapter to units in the State for a control period in any year, the provisions of subpart DDDDD of part 97 of this chapter authorizing the Administrator to complete the allocation and recordation of TR SO2 Group 2 allowances to units in the State for each such control period shall continue to apply, unless provided otherwise by such approval of the State's SIP revision.

[76 FR 48365, Aug. 8, 2011]

§52.884   Significant deterioration of air quality.

(a) The requirements of section 160 through 165 of the Clean Air Act, as amended are met; except that:

(1) EPA retains PSD permit authority for Indian lands in the State of Kansas.

[49 FR 48186, Dec. 11, 1984, as amended at 54 FR 15935, Apr. 20, 1989; 58 FR 3848, Jan. 12, 1993]



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