

                        

AIR EMISSION SOURCE
CLASS I OPERATING PERMIT

                    Source ID No.:		0010009

Effective Date:		February 26, 2004

Revised Date :			September 30, 2004

Expiration Date:		February 25, 2009		      

Source Name:			The Monarch Cement Company

SIC Code:			3241, Portland Cement Manufacturing Industries

NAICS Code:			327310 Cement Manufacturing

Source Location:		449 1200[th] Street
                        Humboldt, Kansas 66748

Mailing Address:		P.O. Box 1000
                        Humboldt, Kansas  66748
      










Authority
This permit, developed in accordance with the provisions of K.A.R. 28-19-500 et seq.,  Operating Permit, meets the requirements of K.A.R. 28-19-510 et seq., Class I Operating Permits and Title V of the federal Clean Air Act.


Permit Intent
The purpose of this Class I Air Operating Permit is to identify the emission sources, types of regulated air pollutants emitted from the facility, the emission limitations, standards and requirements applicable to each emission source, and the monitoring, record keeping and reporting requirements applicable to each source as of the effective date of this permit.  At the time of permit issuance, a Class I Air Emission Source Operating Permit was required because the facility's potential-to-emit PM10, NOx, SOx, and CO is above 100 tons per year, the potential to emit a single Hazardous Air Pollutant (HAP) is above 10 tons per year, and combined HAPs is above 25 tons per year.

	TABLE OF CONTENTS

Section	Page
Facility Description	4
Summary of Applicable Requirements	4
Emission Source Information	5
Applicable Requirements	5
Facility-Wide Applicable Requirements	30
Opacity Monitoring	32
Requirements Which Will Become Applicable During the Permit Term	33
Permit Shield	33
Testing, Monitoring, Recordkeeping, and Reporting	34
Reporting of Deviations from Permit Terms	35
General Provisions	35
   1.	K.A.R. 28-19-11:  Exceptions Due to Breakdowns or Scheduled Maintenance	35
   2.	K.A.R. 28-19-752a:  Hazardous Air Pollutants; Limitations Applicable to
        Construction of New Major Sources or Reconstruction of Existing Major Sources	36
   3.	K.A.R. 28-19-753:  Hazardous Air Pollutants; Limitations Applicable to Sources
        for Which the U.S. EPA Fails to Meet Certain Deadlines	36
   4.	Permit Term and Renewal	36
   5.	Severability	37
   6.	Property Rights	37
   7.	Compliance	37
   8.	Compliance Certification	37
   9.	Emergency	38
   10.	Inspection and Entry	38
   11.	Permit Amendment, Modification, Reopening, and Changes Not Requiring a
        Permit Action	39
   12.	Duty to Provide Information	39
   13.	Duty to Supplement	40
   14.	Other Permits and Approvals; Applicability	40
   15.	Submissions	40

Attachment A. Site Diagram
Attachment B. Acronyms and Symbols
Attachment C.  Emission Sources Listed with Their Applicable Requirements (Regulatory           Classifications)
Attachment D. Opacity Monitoring Summary





Facility Description
      The Monarch Cement Company owns and operates a portland cement manufacturing facility located near Humboldt, Kansas in Allen County.  The potential clinker production capacity at the plant is 1,131,500 tons per year.
      
      Operations at the plant include raw material quarrying, transportation of raw materials by trucks to the plant, raw feed/material preparation, coal handling and preparation, cement clinker production in two kilns, finish cement processing, and product storage and shipping.  Coal, petroleum coke, natural gas, and tire-derived fuel are burned to supply thermal energy to the cement manufacturing process.  The facility currently operates two kilns (Kiln #4 and Kiln #5), which share a common  in-line raw mill.

      The facility manufactures Portland Cement by heating a stoichiometric mixture of pulverized limestone and shale to 2,800ºF in specially equipped kilns. The first step in the process is to mine the limestone and shale from contiguous quarries at the facility. Once the pulverized mixture passes through the rotary kiln, a Portland cement clinker is produced. The clinker and a small addition of gypsum are ground into the finished product in ball mills. The Portland cement is then transported via a pneumatic system to bulk storage silos for shipment to customers.


Summary of Applicable Requirements

K.A.R. 28-19-20.  Particulate Matter Emission Limitation	5
K.A.R. 28-19-30 through K.A.R. 28-19-32, Emission Limitations Indirect Heating Equipment	30
K.A.R. 28-19-55 through K.A.R. 28-19-58, Emergency Episode Plans	30
K.A.R. 28-19-202, Annual Fee Payment	30
K.A.R. 28-19-210, Calculation of Actual Emissions	30
K.A.R. 28-19-275, Which Adopts by Reference 40 CFR Part 72, Acid Rain	31
K.A.R. 28-19-517, Annual Emission Inventory	31
K.A.R. 28-19-645, Open Burning	31
K.A.R. 28-19-650, Emissions Opacity Limits	7
K.A.R. 28-19-720, Which Adopts by Reference 40 CFR Part 60, Subpart A; NSPS
         for Coal Preparation Plants, Subpart Y and NSPS for Nonmetallic Mineral Processing, Subpart OOO...	9
K.A.R. 28-19-735, Which Adopts by Reference 40 CFR Part 61, Subpart A and NESHAP
         for Asbestos, Subpart M	31
40 CFR Part 63, Subpart A and NESHAP for Portland Cement Manufacturing, Subpart LLL	13
40 CFR Part 68, Chemical Accident Prevention Provisions	31
40 CFR Part 82, Protection of Stratospheric Ozone	31



Emission Source Information

A list of emission sources including emission source IDs, emission source descriptions, Stack/Vent I.D.s, and Control Equipment ID Numbers is included as Attachment C.

Applicable Requirements
The following provides a listing of the regulatory and permit requirements that are applicable to the facility and the method(s) the facility will use to comply with the requirements.  A listing of the sources subject to each of the specific regulatory classifications, if any, is provided as Attachment C.

A.	Kansas Administrative Regulations 	


A.1

K.A.R. 28-19-20, Particulate matter emission limitations - Processing Equipment


Limitation/Standard:

PM emissions are limited according to the following equations: for Process weight < or = 30 tons/hr, E = 4.1(P[0.67]), for Process weight > 30 tons/hr, E = 55(P[0.11]) - 40.  Where: E = the rate of emissions in lb/hr, P = the process weight rate in tons/hr

Monitoring
Due to potentially very low or nonexistent emissions, no monitoring is required at time of permit issuance.  If, however, any factors change that would affect the potential particulate matter emission rate (process changes, emission factor increases, fuel changes, etc.), the potential particulate matter emission rate must be recalculated and evaluated against the rule limitation.
Permit Condition
Recordkeeping 
Records shall be maintained to ensure that this particulate matter emission source is in compliance with the particulate matter emission rate limitation. If, however, any factors change that would affect the potential particulate matter emission rate, records shall be maintained of any recalculations and evaluations. These records shall include the design rate capacity of the unit, emission factors used in calculations and potential/allowable emission rates.
Permit Condition





A.2

K.A.R 28-19-31, Indirect Heating Equipment, (1) Particulate Matter Emission Limitation (2) Opacity Limitations


1. Limitation/Standard:

Particulate matter emissions are limited to the amount determined by the following equation:
--------------------------------------------------------------------------------



      Where:	
                 A	=	the allowable emission rate in lb/10[6] BTU
      I	=	the total heat input in 10[6] BTU/hr [K.A.R. 28-19-31(a)]


Monitoring
Due to potentially very low or nonexistent emissions, no monitoring is required at time of permit issuance.  If, however, any factors change that would affect the potential particulate matter emission rate (process changes, emission factor increases, fuel changes, etc.), the potential particulate matter emission rate must be recalculated and evaluated against the rule limitation.
Permit Condition
Recordkeeping
No recordkeeping is required at time of permit issuance.  If, however, any factors change that would affect the potential particulate matter emission rate, records shall be maintained of any recalculations and evaluations.  These records shall include the design rate capacity of the unit, emission factors used in calculations and potential/allowable emission rates.
Permit Condition


2. Limitation/Standard:

The owner or operator shall not cause or permit visible contaminant emissions from any indirect heating equipment which equals or exceeds 20 percent opacity except as provided in K.A.R. 28-19-11.  [K.A.R. 28-19-31(b)(2)]

Monitoring
Due to potentially very low or nonexistent emissions because of operation on natural gas, no monitoring is required at time of permit issuance.  If the operation changes such that the visible emissions are no longer very low or nonexistent, the owner or operator shall comply with the requirements stated in the "Opacity Monitoring" section.
Permit Condition
Reporting 
Due to potentially very low or nonexistent emissions, none is required.
Permit Condition
Recordkeeping
Due to potentially very low or nonexistent emissions, none is required.
Permit Condition


A.3

K.A.R 28-19-650(a)(3), Opacity Limitations, New Sources

Limitation/Standard:

The opacity of visible emissions shall not exceed 20 percent except as provided at K.A.R. 28-19-11.  [K.A.R. 28-19-650(a)(3)]

Monitoring
Due to potentially very low or nonexistent emissions, no monitoring is required at time of permit issuance.  If the operation changes such that the visible emissions are no longer very low or nonexistent, the owner or operator shall comply with the requirements stated in the "Opacity Monitoring" section.
Permit Condition
Reporting 
Due to potentially very low or nonexistent emissions, none is required.
Permit Condition
Recordkeeping
Due to potentially very low or nonexistent emissions, none is required.
Permit Condition


A.4

K.A.R 28-19-650(a)(2), Opacity Limitations, Stationary Sources, Existing as of January 1, 1971

Limitation/Standard:

Opacity of visible emissions from any emission unit shall not exceed 40% opacity for any emission unit, other than a portable source, existing on or before January 1, 1971 and that has not been relocated after January 1, 1971.

Monitoring
Conduct a qualitative assessment monthly by a certified Method 9 observer.  If visible emissions are observed, the observer shall conduct a 1-minute visual assessment to determine if visible emissions appear to exceed the relevant opacity standard. If emissions appear to exceed the relevant standard, the observer shall conduct a 6-minute Method 9.  The Method 9 test must begin within twenty-four hours of the 1-minute visual assessment.
Permit Condition
Reporting 
The owner or operator shall promptly report deviations from permit requirements, the probable cause of such deviations, and any corrective actions or preventive measures taken.  To be considered prompt, deviations shall be reported as part of the routine semi-annual reporting requirements under K.A.R. 28-19-512(11)(A), and, if applicable, in accordance with the malfunction reporting requirements under K.A.R. 28-19-11, unless otherwise specified in an applicable requirement.
K.A.R. 28-19-512(a)(11)(A), 
28-19-11
Recordkeeping
A log shall be maintained noting the information required in the "Opacity Monitoring" section.  The log will be updated prior to the end of the shift during which the assessment occurred.
Permit Condition


A.5

K.A.R 28-19-650(a)(3), Opacity Limitations, New Sources

Limitation/Standard:

Opacity of visible emissions from any emission unit shall not exceed 20% opacity for any emission unit that existed or was relocated after January 1, 1971.

Monitoring
Conduct a qualitative assessment monthly by a certified Method 9 observer.  If visible emissions are observed, the observer shall conduct a 1-minute visual assessment to determine if visible emissions appear to exceed the relevant opacity standard. If emissions appear to exceed the relevant standard, the observer shall conduct a 6-minute Method 9.  The Method 9 test must begin within twenty-four hours of the 1-minute visual assessment.
Permit Condition
Reporting 
The owner or operator shall promptly report deviations from permit requirements, the probable cause of such deviations, and any corrective actions or preventive measures taken.  To be considered prompt, deviations shall be reported as part of the routine semi-annual reporting requirements under K.A.R. 28-19-512(11)(A), and, if applicable, in accordance with the malfunction reporting requirements under K.A.R. 28-19-11, unless otherwise specified in an applicable requirement.
K.A.R. 28-19-512(a)(11)(A), K.A.R. 28-19-11
Recordkeeping
A log shall be maintained noting the information required in the "Opacity Monitoring" section.  The log will be updated prior to the end of the shift during which the assessment occurred.




40 CFR 60 Subpart Y Standards of Performance for Coal Preparation Plants
Equipment subject to 40 CFR 60 Subpart Y must comply with the requirements of 40 CFR 60 Subpart A - General Provisions except where Subpart Y provides for explicit exemptions to Subpart A.


B.1

40 CFR 60 Subpart Y, 60.252(c) Opacity Limitations for coal processing, conveying, storage, transfer, or loading equipment

Limitation/Standard

Emissions from coal processing and conveying equipment, coal storage systems, and coal transfer and loading systems shall not exhibit 20% opacity or greater except during startups, shutdowns, & malfunctions.


Monitoring
Conduct a qualitative assessment monthly by a certified Method 9 observer.  If visible emissions are observed, the observer shall conduct a 1-minute visual assessment to determine if visible emissions appear to exceed the relevant opacity standard. If emissions appear to exceed the relevant standard, the observer shall conduct a 6-minute Method 9.  The Method 9 test must begin within twenty-four hours of the 1-minute visual assessment.
Permit Condition
Reporting 
The Permittee shall promptly report deviations from permit requirements, the probable cause of such deviations, and any corrective actions or preventive measures taken.  To be considered prompt, deviations shall be reported as part of the routine semi-annual reporting requirements under K.A.R. 28-19-512(a)(11)(A), and, if applicable, in accordance with the malfunction reporting requirements under K.A.R. 28-19-11, unless otherwise specified in an applicable requirement.
K.A.R. 28-19-512(a)
(11)(A)
K.A.R. 28-19-11
Recordkeeping
A log shall be maintained noting the information required in the "Opacity Monitoring" section.  The log will be updated prior to the end of the shift during which the assessment occurred.
Permit Condition


B.2

40 CFR 60 Subpart Y, 60.252(a)(1) Thermal dryer particulate standard

a. Limitation/ Standard

Thermal Dryers.  Shall not emit particulate matter in excess of 0.031 gr/scf.




Monitoring
Due to potentially very low or nonexistent emissions, no monitoring is required at time of permit issuance.  If, however, any factors change that would affect the potential particulate matter emission rate (process changes, emission factor increases, fuel changes, etc.), the potential particulate matter emission rate must be recalculated and evaluated against the rule limitation.
Permit Condition
Recordkeeping
No recordkeeping is required at time of permit issuance. If, however, any factors change that would affect the potential particulate matter emission rate, records shall be maintained of any recalculations and evaluations. These records shall include the design rate capacity of the unit, emission factors used in calculations and potential/allowable emission rates.
Permit Condition
Testing 
Test methods.  Method 5 sampling time and volume shall be at least 60 minutes and 30 dscf for initial performance test within 60 days after achieving the maximum production rate but not later than 180 days of the initial startup-date as specified in 40 CFR 60.8.
40 CFR 60.254(b)
(1)


b.  Limitation/ Standard

60.252(a)(2): Thermal dryers.  Shall not exhibit greater than 20% opacity except during startups, shutdowns, & malfunctions.
      

Monitoring

Conduct a qualitative assessment monthly by a certified Method 9 observer.  If visible emissions are observed, the observer shall conduct a 1-minute visual assessment to determine if visible emissions appear to exceed the relevant opacity standard. If emissions appear to exceed the relevant standard, the observer shall conduct a 6-minute Method 9.  The Method 9 test must begin within twenty-four hours of the 1-minute visual assessment.

Permit Condition

Reporting

The Permittee shall promptly report deviations from permit requirements, the probable cause of such deviations, and any corrective actions or preventive measures taken.  To be considered prompt, deviations shall be reported as part of the routine semi-annual reporting requirements under K.A.R. 28-19-512(11)(A), and, if applicable, in accordance with the malfunction reporting requirements under K.A.R. 28-19-11, unless otherwise specified in an applicable requirement..

K.A.R. 28-19-512(11)
(A)
K.A.R. 28-19-11
Recordkeeping
A log shall be maintained noting the information required in the "Opacity Monitoring" section.  The log will be updated prior to the end of the shift during which the assessment occurred.
Permit Condition

Testing

Method 9 and the procedures in 40 CFR 60.11 shall be used to determine opacity within 60 days after achieving the maximum production rate but not later than 180 days of the initial startup-date as specified in 40 CFR 60.8.

40 CFR 60.254(b)
(2)



c.  Limitation/ Standard

60.253(a)(1): Thermal dryers shall be monitored using a CMS for the measurement of the temperature of the gas stream at the exit of the dryer.  CMS shall be calibrated and certified by the manufacturer to be accurate within +-3 F annually.

Monitoring
All monitoring devices under (a) of this section are to be recalibrated annually in accordance with procedures under §60.13 (b).
40 CFR 60.253(b)
Recordkeeping
Records of requirements requested in CEMS conditions are included in the facility wide requirements.
N/A

C.	40 CFR 60 Subpart OOO Standards of performance for nonmetallic mineral processing plants	

Equipment subject to 40 CFR 60 Subpart OOO must comply with the requirements of 40 CFR 60 Subpart A - General Provisions except where Subpart OOO provides for explicit exemptions to Subpart A. 

C.1

40 CFR 60 NSPS OOO, Belt Conveyor Transfer Point, Grinding Mill, Screen, Bagging Operation, Storage Bin  -  Fugitive Source


Limitation/Standard

The owner or operator shall not cause to be discharged into the atmosphere from any transfer point on belt conveyors or from any other affected facility any fugitive emissions which exhibit greater than 10% opacity except during startups, shutdowns, & malfunctions as specified in 40 CFR 60.672(b).



Monitoring

Conduct a qualitative assessment monthly by a certified Method 9 observer.  If visible emissions are observed, the observer shall conduct a 1-minute visual assessment to determine if visible emissions appear to exceed the relevant opacity standard. If emissions appear to exceed the relevant standard, the observer shall conduct a 6-minute Method 9.  The Method 9 test must begin within twenty-four hours of the 1-minute visual assessment.
Permit Condition

If emissions from two or more facilities continuously interfere so that the opacity of fugitive emissions from an individual affected facility cannot be read, either of the following procedures may be used:
(i) Use for the combined emission stream the highest fugitive opacity standard applicable to any of the individual affected facilities contributing to the emissions stream.
(ii) Separate the emissions so that the opacity of emissions from each affected facility can be read.
40 CFR 60.675(e)
Reporting 
The Permittee shall promptly report deviations from permit requirements, the probable cause of such deviations, and any corrective actions or preventive measures taken.  To be considered prompt, deviations shall be reported as part of the routine semi-annual reporting requirements under K.A.R. 28-19-512(11)(A), and, if applicable, in accordance with the malfunction reporting requirements under K.A.R. 28-19-11, unless otherwise specified in an applicable requirement..
K.A.R. 28-19-512(11)
(A)
K.A.R. 28-19-11
Recordkeeping 
A log shall be maintained noting the information required in the "Opacity Monitoring" section.  The log will be updated prior to the end of the shift during which the assessment occurred.
Permit Condition


C.2


40 CFR 60 NSPS OOO, Belt Conveyor Transfer Point, Crusher, Grinding Mill, Screen, Bagging Operation, Storage Bin  - Affected Sources in Buildings

Limitation/Standard

No owner or operator shall cause to be discharged into the atmosphere from any building enclosing any transfer point on a conveyor belt or any other affected facility any visible fugitive emissions except during startups, shutdowns, & malfunctions as specified in 40 CFR 60.672(e).



Monitoring
Conduct a qualitative assessment monthly by a certified Method 9 observer.  If visible emissions are observed, the observer shall conduct a 1-minute visual assessment to determine if visible emissions appear to exceed the relevant opacity standard. If emissions appear to exceed the relevant standard, the observer shall conduct a 6-minute Method 9.  The Method 9 test must begin within twenty-four hours of the 1-minute visual assessment.
Permit Condition
Reporting 
The Permittee shall promptly report deviations from permit requirements, the probable cause of such deviations, and any corrective actions or preventive measures taken.  To be considered prompt, deviations shall be reported as part of the routine semi-annual reporting requirements under K.A.R. 28-19-512(11)(A), and, if applicable, in accordance with the malfunction reporting requirements under K.A.R. 28-19-11, unless otherwise specified in an applicable requirement.
K.A.R. 28-19-512(11)(A)
K.A.R. 28-19-11
Recordkeeping
A log shall be maintained noting the information required in the "Opacity Monitoring" section.  The log will be updated prior to the end of the shift during which the assessment occurred.
Permit Condition

D.   40 CFR Part 63 Subpart LLL National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry

The owner or operator shall comply with the applicable requirements of 40 CFR Subpart A listed in Table 1 of 40 CFR 63 Subpart LLL.


D.1

40 CFR 63 NESHAP - LLL, Standards for Kilns

a. Limitation/ Standard:

The owner or operator shall not cause the discharge of any gases containing particulate matter in excess of 0.30 lb per ton of feed to kiln as specified in 40 CFR 63.1343(b)(1).

Testing
The owner or operator shall demonstrate compliance by performing testing initially and every five years as specified in 40 CFR 63.1349(c).
40 CFR 63.1349(a)

The owner or operator shall conduct performance tests with raw mill on and off in accordance with 63.1349(b)(1)(i)-(iv).
40 CFR 63.1349(b)(1)

The owner or operator shall conduct performance tests if change in operations may adversely affect compliance with an applicable PM standard.
40 CFR 63.1349(e)(2)(3)


Reporting
The owner or operator shall submit all reports and notifications as specified in 40 CFR 63.1354
40 CFR 63.1354(a)(b)
Recordkeeping
The owner or operator shall maintain records as specified in 40 CFR 63.1355
40 CFR 63.1355(a)(b)(c)


b. Limitation/ Standard:

The owner or operator shall not cause the discharge of any gases exhibiting an opacity greater than 20% as specified in 40 CFR  63.1343(b)(2).

Monitoring
The owner or operator shall monitor opacity at each point where emissions are vented, including alkali bypasses.
40 CFR 63.1350(c)

The owner or operator shall operate COMs at the outlet of each applicable PM control device.
40 CFR 63.1350(c)(1)

The owner or operator shall maintain opacity at 20% or below for each 6-minute average to remain in compliance.
40 CFR 63.1350(c)(3)
Testing
The owner or operator shall demonstrate initial compliance by performing testing.
40 CFR 63.1349(a)

The owner or operator shall demonstrate opacity using COM during Method 5 performance tests.
40 CFR 63.1349(b)(1)(v)

The owner or operator shall conduct performance tests if a change in operations may adversely affect compliance with an applicable PM standard.
40 CFR 63.1349(e)(2, 3)

Reporting
The owner or operator shall submit all reports and notifications as specified in 40 CFR 63.1354
40 CFR 63.1354(a)(b)
Recordkeeping
The owner or operator shall maintain records as specified in 40 CFR 63.1355
40 CFR 63.1355(a)(b)(c)


c. Limitation/ Standard:

The owner or operator shall not cause the discharge of any gases containing Dioxins and Furans (D/F) in excess of 0.20 ng per dscm (TEQ) corrected to 7% O2, or 0.40 ng per dscm (TEQ) corrected to 7% O2 when the average of the performance test run average temperatures at the inlet to the particulate matter control device is 400 F or less as specified in 40 CFR 63.1343(b)(3).

Monitoring
The owner or operator shall monitor D/F emissions in accordance with 63.1350(f)(1)-(6).
40 CFR 63.1350(f)

The owner or operator shall conduct an inspection of the components of the combustion system of each kiln or in-line kiln raw mill at least once per year.
40 CFR 63.1350(i)
Testing
The owner or operator shall demonstrate initial compliance by performing testing 
40 CFR 63.1349(a)

The owner or operator shall conduct performance tests with raw mill on and off in accordance with 63.1349(b)(3)(i)-(iv).
40 CFR 63.1349(b)(3)

The owner or operator shall repeat performance tests every 30 months.
40 CFR 63.1349(d)

The owner or operator shall conduct performance tests if change in operations may adversely affect compliance with an applicable D/F standard.
40 CFR 63.1349(e)(1, 3)

Reporting
The owner or operator shall submit all reports and notifications as specified in 40 CFR 63.1354
40 CFR 63.1354(a)(b)
Recordkeeping
The owner or operator shall maintain records as specified in 40 CFR 63.1355
40 CFR 63.1355(a)(b)(c)


d. Limitation/ Standard:

The temperature of the gas inlet to the kiln particulate matter control device (PMCD) and alkali bypass PMCD must not exceed the raw mill on and off limits established during the performance test as specified in 40 CFR 63.1344(a).

Monitoring
The owner or operator shall monitor D/F emissions in accordance with 63.1350(f)(1)-(6).
40 CFR 63.1350(f)

The owner or operator shall conduct an inspection of the components of the combustion system of each kiln or in-line kiln raw mill at least once per year.
40 CFR 63.1350(i)
Testing
The owner or operator shall demonstrate initial compliance by performing testing.
40 CFR 63.1349(a)

The owner or operator shall conduct performance tests with raw mill on and off in accordance with 63.1349(b)(3)(i)-(iv).
40 CFR 63.1349(b)(3)

The owner or operator shall repeat performance tests every 30 months.
40 CFR 63.1349(d)

The owner or operator shall conduct performance tests if change in operations may adversely affect compliance with an applicable D/F standard.
40 CFR 63.1349(e)(1, 3)

Reporting
The owner or operator shall submit all reports and notifications as specified in 40 CFR 63.1354
40 CFR 63.1354(a)(b)
Recordkeeping
The owner or operator shall maintain records as specified in 40 CFR 63.1355
40 CFR 63.1355(a)(b)(c)


D.2

40 CFR 63 NESHAP - LLL, Standards for Clinker Coolers

a. Limitation/ Standard:

No owner or operator shall cause to be discharged into the atmosphere from the clinker cooler any gases which (1)contain particulate matter in excess of 0.10 lb per ton of feed (dry basis) to the kiln [40 CFR 63.1345(a)(1)].


Testing
The owner or operator shall demonstrate initial compliance by performance testing.
40 CFR 63.1349(a)

The owner or operator shall conduct performance tests in accordance with 63.1349(b)(1)-(4).
40 CFR 63.1349(b)

Reporting
The owner or operator shall submit all reports and notifications as specified in 40 CFR 63.1354
40 CFR 63.1354(a)(b)
Recordkeeping
The owner or operator shall maintain records as specified in 40 CFR 63.1355
40 CFR 63.1355(a)(b)(c)


b. Limitation/ Standard:

No owner or operator shall cause to be discharged into the atmosphere from the clinker cooler any gases which exhibit an opacity greater than 10% [40 CFR 63.1345(a)(2)].


Monitoring
The owner or operator shall monitor opacity at each point where emissions are vented.
40 CFR 63.1350(d)

Opacity shall be maintained at 10% or less for each 6-minute average except during startups, shutdowns, & Malfunctions.
40 CFR 63.1350(d)(3)

The owner or operator shall operate a COM at the outlet of the clinker cooler PM control device.
40 CFR 63.1350(d)(1)
Testing
The owner or operator shall demonstrate initial compliance by performance testing.
40 CFR 63.1349(a)

The owner or operator shall demonstrate opacity using COM during Method 5 performance tests.
40 CFR 63.1349(b)(1)(v)

Reporting
The owner or operator shall submit all reports and notifications as specified in 40 CFR 63.1354
40 CFR 63.1354(a)(b)
Recordkeeping
The owner or operator shall maintain records as specified in 40 CFR 63.1355
40 CFR 63.1355(a)(b)(c)



D.3

40 CFR 63 NESHAP - LLL, Standards for Raw or Finish Mills

Limitation/Standard:

The owner or operator shall not cause to be discharged from the mill sweep or air separator air pollution control devices of these affected sources any gases which exhibit opacity in excess of ten percent as specified in 40 CFR 63.1347.



Monitoring
The owner or operator shall conduct daily 6-minute visible emissions test (Method 22) of mill sweep and air separator PMCDs.  If visible emissions are observed, initiate corrective action within 1 hr, conduct follow-up Method 22 test within 24-hours and then 30-minute Method 9 if further emissions.
40 CFR 63.1350(e)
Testing
The owner or operator shall conduct an initial 3-hour (30 6-minute averages) Method 9 test.
40 CFR 63.1349(b)(2)



D.4

40 CFR 63 NESHAP - LLL, Standards for affected sources other than kilns; in-line kiln/raw mills; clinker coolers; new and reconstructed raw material dryers; and raw and finish mills


Limitation/Standard:

The owner or operator shall not cause to be discharged, from these sources, any gases which exhibit opacity in excess of ten percent as specified in 40 CFR 63.1348.

Monitoring
Conduct monthly 1-min visible emissions (VE) test using Method 22. If visible emissions are observed during any Method 22 test, conduct a 6-minute Method 9 within one hour. Visible emissions testing frequency may be reduced as provided under 40 CFR 63.1350(a)(4).
40 CFR 63.1350(a)(4)(i-vii)
Testing
Conduct an initial 3-hour (30 6-minute averages) Method 9 test.  The test time may  be reduced to 1-hour if there are no readings greater than 10% opacity and there are no more than three readings of 10% opacity are observed in the first hour.
40 CFR 63.1349(b)(2)(i, ii)

Reporting
The owner or operator shall submit all reports and notifications as specified in 40 CFR 63.1354
40 CFR 63.1354(a)(b)
Recordkeeping
The owner or operator shall maintain records as specified in 40 CFR 63.1355
40 CFR 63.1355(a)(b)(c)
       

D.5

Other monitoring requirements

a. Limitation/ Standard:

The owner or operator shall submit Operations and Maintenance Plan as part of the application for the Part 70 application as specified in 40 CFR 63.1350(a).
 
Monitoring
The owner or operator shall monitor opacity according to O and M plan.
40 CFR 63.1350(j)
Reporting
The owner or operator shall submit results of all particulate matter performance tests within 60 days of the test, Opacity tests within 30 days of the test.
40 CFR 63.1354(b)(1, 2)

The owner or operator shall state that actions taken during startups, shutdowns, or malfunctions were consistent with the SSMP in semi-annual report.
40 CFR 63.1354(b)(4)

The owner or operator shall report actions taken during startup, shutdown, or malfunction that were inconsistent with the SSMP, if an exceedance of the standard occurs (63.6(e)(1)(iv)), within 2 days (telephone or fax) and follow up with letter within 7 days.
40 CFR 63.1354(b)(5)

The owner or operator shall submit a summary report semi-annually that contains the information specified in 63.10(e)(3)(vi) and in 63.1354(b)(9)(i)-(v).
40 CFR 63.1354(b)(9)
Recordkeeping
The owner or operator shall maintain files required by this section for at least 5 years.
40 CFR 63.1355(a), (b)
Testing
The owner or operator shall repeat performance tests in accordance with 63.1349(c) and (d).
40 CFR 63.1349(c), (d)
 
 E.     State Construction Permit Conditions	

E.1

KDHE Construction Permit 1-27-2000 Air Emission Unit Technical Specifications.

Limitation/Standard: 

Construction Permit 1-27-2000 The precalciners on kilns 4 and 5 shall each have a maximum design heat input of 120 million Btu per hour and maximum design capacity of kilns 4 and 5 each shall be 107. 6 tons per hour of dry feed and 64.6 tons per hour clinker.  Fabric filters for kilns 4 and 5 shall be to the grade specified in the permit application.

Monitoring
Monitor daily production and kiln feed rates for kilns 4 and 5 in accordance with 40 CFR 60.63.
Construction Permit 1/27/2000 Monitoring Requirements and Compliance 1

Each air pollution control device must be operating at all times that the emissions source that it is designated to control is operating.
Construction Permit 1/27/2000 Permit Conditions 2
Recordkeeping
Record daily production and kiln feed rates for kilns 4 and 5.  Keep records of filters used in kilns 4 and 5 baghouses.
Permit Condition

Each air pollution control device must be installed, operated, and maintained according to the manufacturer's specifications or recommendations.
Construction Permit 1/27/2000 Permit Conditions 1




E.2

KDHE Construction Permit 1-27-2000 Air Emission Unit Technical Specifications.

Limitation/Standard: 

Construction Permit 1-27-2000 Maximum design processing rate of finish mill system is 100 tons per hour.  Fabric filters are installed, operated, and maintained to control PM emissions from finish mill system.

Monitoring
Monitor daily production for kilns 4 and 5 in accordance with 40 CFR 60.63.
Construction Permit 1/27/2000 Monitoring Requirements and Compliance 1

Each air pollution device must be operating at all times that the emissions source that it is designated to control is operating.
Construction Permit 1/27/2000 Permit Conditions 2
Recordkeeping
Record daily production and kiln feed rates for kilns 4 and 5.  Keep records of filters used in finish mill system baghouses.
Permit Condition


E.3

KDHE Construction Permit 1-27-2000 and 6-14-2004 BACT Air Emission Limitations

Limitation/Standard: 

Construction Permit 1-27-2000   Maximum emissions of sulfur oxides (SO2) from kilns 4 and 5 are limited to 421 lb/hr, measured as a 24-hour block average; and 622.3 tons, measured as a 12-month rolling average.

Testing
Monarch shall conduct a performance test to measure the amount of oxides of sulfur emitted from kilns #4 and #5, in accordance with testing procedures, sample collection  and test methods, as approved by the department, at least once every fives years.
Construction Permit 6/14/2004 Performance Testing and Compliance 1

Monarch shall submit a performance test protocol to the department, outlining the testing to be conducting and the proposed testing and sampling  methods to be used.  The protocol shall be submitted to the department at least thirty (30) days in advance of the date the performance test is to be conducted.
Construction Permit 6/14/2004 Performance Testing and Compliance 2

The department may elect to have a representative present during the performance testing.
Construction Permit 6/14/2004 Performance Testing and Compliance 3

The first performance test required by this permit shall be conducted, and results of the test submitted to the department, prior to the date by which the facility is required to submit the renewal application for the facility's class I air operating permit, but no later than February 24, 2009.
Construction Permit 6/14/2004 Performance Testing and Compliance 4
Recordkeeping
Records shall be kept on-site of the results of the latest performance test required to be conducted by this permit for at least five (5) years from the date of record.
Record Keeping and Monitoring Requirements 1


E.4

KDHE Construction Permit 1-27-2000 BACT Air Emission Limitations

Limitation/Standard: 

Construction Permit 1-27-2000   Maximum emissions of oxides of nitrogen (NOx) from kilns 4 and 5 are limited to 348 tons, measured as a 30-day rolling average; and 2,376 tons, measured as a 12-month rolling average.

Monitoring
Install, operate, and maintain good combustion practices (GCP) on the preheater/precalciner kiln systems (kilns 4 and 5).
Construction Permit 1/27/2000 Permit Conditions 4

Install, calibrate, maintain, and operate a CEMS for measuring the concentration of NOx from kilns 4 and 5.
Construction Permit 1/27/2000 Monitoring Requirements and Compliance 4

For each 30-day period that Monarch operates either or both of kilns 4 and 5, Monarch shall compute and record the 30-day rolling average emission rate of NOx based on the hourly average of CEMS data.  Each month, Monarch shall compute and record the 12-month rolling total emission rate for NOx based on the total of the monthly emission rates for the previous 12-month period.
Construction Permit 1/27/2000 Monitoring Requirements and Compliance 16
Recordkeeping
Provide a course of training consisting of classroom and hands-on training in GCP.
Construction Permit 1/27/2000 Permit Conditions 5

Record the output of the NOx CEMS for kilns 4 and 5. 
Construction Permit 1/27/2000 Monitoring Requirements and Compliance 4

Maintain employee training records, as necessary, to document that the required GCP training has been successfully completed.
Construction Permit 1/27/2000 Recordkeeping 6



E.5

KDHE Construction Permit 1-27-2000 BACT Air Emission Limitations

Limitation/Standard: 

Construction Permit 1-27-2000  Maximum emissions of carbon monoxide (CO) from kilns 4 and 5 are limited to 5,000 lb/hr, measured as an 8-hour block average; and 2,093.3 tons, measured as a 12-month rolling average.

Monitoring
Install, operate, and maintain good combustion practices on the preheater/precalciner kiln systems (kilns 4 and 5).
Construction Permit 1/27/2000 Permit Conditions 4

Install, calibrate, maintain, and operate a CEMS for measuring the concentration of CO from kilns 4 and 5.
Construction Permit 1/27/2000 Monitoring Requirements and Compliance 5

For each 8-hour period that Monarch operates either or both of kilns 4 and 5, Monarch shall compute the 8-hour block average emission rate of CO based on the hourly average of CEMS data.  Each month, Monarch shall compute and record the 12-month rolling total emission rate for CO based on the total of the monthly emission rates for the previous 12-month period.
Construction Permit 1/27/2000 Monitoring Requirements and Compliance 15
Recordkeeping
Provide a course of training consisting of classroom and hands-on training in GCP.
Construction Permit 1/27/2000 Permit Conditions 5

Record the output of the CO CEMS for kilns 4 and 5.
Construction Permit 1/27/2000 Monitoring Requirements and Compliance 5

Employee training records, as necessary, to document that the required GCP training has been successfully completed.
Construction Permit 1/27/2000 Recordkeeping 6


E.6

KDHE Construction Permit 1-27-2000 Permit Conditions.

Limitation/Standard: 

Construction Permit 1-27-2000   Apply water to all unpaved haul roads leading from the quarry to the cement plant and to all unpaved roadways on or within the cement plant perimeter such that the control efficiency of at least 55% on PM is maintained.


Monitoring	
Monitor the average hourly daytime traffic rate, d (h[-1]); the water application intensity, i (L/m[2]); and the time between water application, t (h).	
Construction Permit 1/27/2000 Permit Conditions 3
Recordkeeping
Maintain records of actual haul road traffic, application rates of water and chemical suppressants as necessary to demonstrate compliance with maintaining the calculated haul road emission control efficiency of 55%.
Construction Permit 1/27/2000 Record Keeping 5


E.7

KDHE Construction Permit Monitoring Requirements and Compliance.

Limitation/Standard: 

Construction Permit 1-27-2000   Install, calibrate, maintain, and operate a system to continuously measure and record the volumetric flow rate and temperature of gas discharged to the atmosphere from the kiln 4 and 5 stacks.

Monitoring
Continuously monitor the stack gas flow rates and temperatures.
Construction Permit 1/27/2000 Monitoring Requirements and Compliance 6
Recordkeeping
Continuously record the stack gas flow rates and temperatures.
Construction Permit 1/27/2000 Monitoring Requirements and Compliance 6


E.8

KDHE Construction Permit 1-27-2000 Monitoring Requirements and Compliance, 7

Limitation/Standard: 

Construction Permit 1-27-2000   Install, calibrate, maintain, and operate a system to continuously measure and record the kilns 4 and 5 stack oxygen concentrations, the value of which shall be used to ensure proper operation of the GCP technology system.

Monitoring
Continuously monitor the stack gas oxygen concentration.
Construction Permit 1/27/2000 Monitoring Requirements and Compliance 7
Recordkeeping
Continuously record the stack gas oxygen concentration.
Construction Permit 1/27/2000 Monitoring Requirements and Compliance 7




E.9

KDHE Construction Permit 1-27-2000 Monitoring Requirements and Compliance.

Limitation/Standard: 

Construction Permit 1-27-2000   Operation of CEMS, COMS, and stack gas flow monitors.

Monitoring
Operate all of the CEMS and stack gas flow rate monitors on kilns 4 and 5 when the pyroprocessing systems are operating, except for CEMS breakdowns, repairs, calibration checks, and zero and span adjustments.
Construction Permit 1/27/2000 Monitoring Requirements and Compliance 8

Follow the procedures under 40 CFR 60.13 for installation, evaluation and operation of all COMS and CEMS.
Construction Permit 1/27/2000 Monitoring Requirements and Compliance 9

Operate all CEMS in accordance with the applicable procedures under Performance Specification 1, 2, and 4 in 40 CFR 60, Appendix B.
Construction Permit 1/27/2000 Monitoring Requirements and Compliance 10

Where there are data gaps in emissions data recorded by CO or NOx CEMS, Monarch shall use the average of the values of data recorded during that hour, day, or month, as appropriate.
Construction Permit 1/27/2000 Monitoring Requirements and Compliance 13
Reporting
Submit a written excess emissions and monitoring systems performance report each calendar quarter.
Construction Permit 1/27/2000 Notification 8
Testing
Perform quarterly accuracy determinations and daily calibration drift tests on CEMS in accordance with Procedure 1 in 40 CFR 60, Appendix F.
Construction Permit 1/27/2000 Monitoring Requirements and Compliance 11

For the NOx and CO monitors, the span values of each CEMS shall be between 1.25 and 2 times the average emission level of NOx or CO, respectively.
Construction Permit 1/27/2000 Monitoring Requirements and Compliance 12





E.10

KDHE Construction Permit 1-27-2000 Record Keeping.

Limitation/Standard: 

Construction Permit 1-27-2000 General record keeping requirements.

Recordkeeping
Keep and maintain records in accordance with the requirements of 40 CFR 60.7.
Construction Permit 1/27/2000 Record Keeping 1

Maintain records of any period during which a COMS or CEMS is inoperative, in accordance with 40 CFR 60.7(b).
Construction Permit 1/27/2000 Record Keeping 2

Maintain records of the COMS and CEMS data for at least two years.
Construction Permit 1/27/2000 Record Keeping 3

Maintain records and computations of the emission rates for CO and NOx for at least two years.
Construction Permit 1/27/2000 Record Keeping 4


E.11

KDHE Construction Permit 11-26-2002 Permit Conditions

Limitation/Standard: 

Construction Permit 11-26-2002   The total amount of rock crushed on-site shall not exceed the amount of rock necessary to produce 1,885,152 tons of dry kiln feed in each consecutive 12-month period.

Monitoring
The total quantity of rock crushed on-site shall be monitored.
Construction Permit 11/26/2002 Record Keeping and Monitoring Requirements 2
Recordkeeping
Written records shall be kept monthly of the total quantity of rock crushed on-site.
Construction Permit 11/26/2002 Record Keeping and Monitoring Requirements 2


E.12

KDHE Construction Permit 11-26-2002 Permit Conditions

Limitation/Standard: 

Construction Permit 11-26-2002   Apply water to all unpaved haul roads leading to and from all active on-site quarries in accordance with Permit Condition 3 of the PSD permit issued on January 27, 2000.

Monitoring
Monitor the average hourly daytime traffic rate, d (h[-1]); the water application intensity, i (L/m[2]); and the time between water applications, t(h).
Construction Permit  11-26-2002 Permit Conditions 2
Recordkeeping
Maintain records of actual haul road traffic, application rates of water, and chemical suppressants as necessary to demonstrate compliance with maintaining the calculated haul road emission control efficiency of 55%.
Construction Permit 1/27/2000 Record Keeping 5


E.13

KDHE Construction Permit 11-26-2002 Performance Testing and Compliance

Limitation/Standard: 

Construction Permit 11-26-2002 Conduct performance testing on all equipment subject to NSPS Subpart OOO that has not been previously tested.
   
Testing
Conduct performance testing on all rock crushing equipment subject to NSPS Subpart OOO not previously tested.
Construction Permit 11/26/2002 Performance Testing and Compliance 1

Conduct performance testing on all equipment subject to Method 9 testing not previously tested.
Construction Permit 11/26/2002 Performance Testing and Compliance 2


E.14

KDHE Construction Permit 11-26-2002 Record Keeping and Monitoring

Limitation/Standard: 

Construction Permit 11-26-2002 General record keeping requirements.

Recordkeeping
In accordance with 40 CFR 60.7(b), records consisting of the occurrence and duration of any startup, shutdown, or malfunction in the operation of the equipment subject to an NSPS are to be maintained.
Construction Permit 11/26/2002 Record Keeping and Monitoring Requirements 1

All records required to be kept by the Construction Permit issued on 11/26/2002 shall be maintained on site for a minimum of two years from the date of the record.
Construction Permit 11/26/2002 Record Keeping and Monitoring Requirements 3


E.15

KDHE Construction Permit 8-25-2003 Air Emission Limitations, 2

Limitation/Standard: 

Construction Permit 8-25-2003   The concentration of PM discharged to the atmosphere from the coal mill surge bin dust collector (baghouse), both coal mill baghouses K620, K621, and the pulverized coal bin vent filter (baghouse) must be less than 0.012 grains per dry standard cubic foot.


Reporting
Submit results of initial performance tests in accordance with 40 CFR 60 subpart A
Construction Permit 8/25/2003 Performance Testing, 1
Recordkeeping
Records will be maintained of the occurrence and duration of any start-up, shutdown or malfunction in the operation of equipment subject to 40 CFR 60, subpart Y.
Construction Permit 8/25/2003 Record Keeping and Monitoring Requirements, 1

Records shall be maintained on site at the facility for a minimum of two years from the date of the record.
Construction Permit 8/25/2003 Record Keeping and Monitoring Requirements, 3
Testing
Conduct initial performance tests in accordance with Performance Testing section of Construction Permit.
Construction Permit 8/25/2003 Performance Testing, 1-4



E.16

KDHE Construction Permit 8-25-2003 Air Emission Limitations, 3

Limitation/Standard: 

Construction Permit 8-25-2003   The opacity of all emission points associated with the new coal mill is limited to no greater than 20 percent.

Monitoring
Conduct a qualitative assessment monthly by a certified Method 9 observer.  If visible emissions are observed, the observer shall conduct a 1-minute visual assessment to determine if visible emissions appear to exceed the relevant opacity standard. If emissions appear to exceed the relevant standard, the observer shall conduct a 6-minute Method 9.  The Method 9 test must begin within twenty-four hours of the 1-minute visual assessment.
Permit Condition
Reporting
The owner or operator shall promptly report deviations from permit requirements, the probable cause of such deviations, and any corrective actions or preventive measures taken.  To be considered prompt, deviations shall be reported as part of the routine semi-annual reporting requirements under K.A.R. 28-19-512(a)(11)(A), and, if applicable, in accordance with the malfunction reporting requirements under K.A.R. 28-19-11, unless otherwise specified in an applicable requirement.
K.A.R. 28-19-512(a)(11)(A), 
28-19-11

Submit results of initial performance tests in accordance with 40 CFR 60 subpart A.
Construction Permit 8/25/2003 Performance Testing, 1
Testing
Conduct initial performance tests in accordance with Performance Testing section of Construction Permit.
 Construction Permit 8/25/2003 Performance Testing, 1-3, 5
Recordkeeping
Records will be maintained of the occurrence and duration of any start-up, shutdown, or malfunction in the operation of equipment subject to 40 CFR 60, subpart Y.
Construction Permit 8/25/2003 Record Keeping and Monitoring Requirements, 1

A log shall be maintained noting the information required in the "Opacity Monitoring" section.  The log will be updated prior to the end of the shift during which the assessment occurred.
Construction Permit 8/25/2003 Record Keeping and Monitoring Requirements, 3


E.17

KDHE Construction Permit 8-25-2003 Permit Conditions, 1

Limitation/Standard: 

Construction Permit 8-25-2003   The amount of coal processed by the new coal mill shall not exceed 175,200 tons during each consecutive twelve (12) month period.

Monitoring
The quantity of coal processed in the new coal mill during each calendar month will be monitored.
Construction Permit 8/25/2003 Record Keeping and Monitoring Requirements, 2
Recordkeeping
Written  records shall be kept of the total quantity of coal processed during each calendar month and the total amount of coal processed in the new coal mill on a twelve (12) month rolling average for each consecutive twelve (12) month period.
Construction Permit 8/25/2003 Record Keeping and Monitoring Requirements, 2

Records shall be maintained on site at the facility for a minimum of two years from the date of the record.
Construction Permit 8/25/2003 Record Keeping and Monitoring Requirements, 3


E.18

KDHE Construction Permit 8-25-2003 Permit Conditions, 2

Limitation/Standard: 

Construction Permit 8-25-2003   PM emissions generated from loading coal onto the conveyor shall be controlled by the existing coal elevator/conveyor baghouse.  PM emissions generated from off-loading the coal from the conveyor into the coal surge bin shall be controlled by the new coal mill surge bin dust collector.

Recordkeeping
Records will be kept of any malfunction of the air pollution control equipment.
Construction Permit 8/25/2003 Record Keeping and Monitoring Requirements, 1

Records shall be maintained on site at the facility for a minimum of two years from the date of the record.
Construction Permit 8/25/2003 Record Keeping and Monitoring Requirements, 3


E.19

KDHE Construction Permit 8-25-2003 Permit Conditions, 3

Limitation/Standard: 

Construction Permit 8-25-2003   The gas stream leaving the cyclone shall be ducted into the coal mill and on through the new coal mill baghouse(s), prior to discharge to the atmosphere.

Recordkeeping
Records will be kept of any malfunction in the operation of an affected facility and any malfunction of the air pollution control equipment.
Construction Permit 8/25/2003 Record Keeping and Monitoring Requirements, 1

Records shall be maintained on site at the facility for a minimum of two years from the date of the record.
Construction Permit 8/25/2003 Record Keeping and Monitoring Requirements, 3


E.20

KDHE Construction Permit 8-25-2003 Permit Conditions, 4

Limitation/Standard: 

Construction Permit 8-25-2003   The coal mill heater shall be fired with natural gas only.

Recordkeeping
Records will be kept of any malfunction in the operation of an affected facility and any malfunction of the air pollution control equipment.
Construction Permit 8/25/2003 Record Keeping and Monitoring Requirements, 1

Records shall be maintained on site at the facility for a minimum of two years from the date of the record. 
Construction Permit 8/25/2003 Record Keeping and Monitoring Requirements, 3


E.21

KDHE Permit Conditions

Limitation/Standard: 

Kiln #3 and associated clinker cooler- are to remain shutdown for term of the operating permit.

Recordkeeping
The owner or operator shall keep records for the life of this permit documenting the date that Kiln #3 and its clinker cooler  were shut down.
Permit Condition


E.22

KDHE Construction Approval 2-17-2004 Permit Conditions

Limitation/Standard: 

Upon completion of the dust collector upgrade the owner or operator shall not cause to be discharged, from these sources, any gases which exhibit opacity in excess of ten percent as specified in 40 CFR 63.1348.

Monitoring
Upon completion of the dust collector upgrade the owner or operator shall conduct monthly 1-min visible emissions (VE) test using Method 22. If visible emissions are observed during any Method 22 test, conduct a 6-minute Method 9 within one hour. 
40 CFR 63.1350(a)(4)(i-vii)
Testing
Conduct an initial 3-hour (30 6-minute averages) Method 9 test.  The test time may  be reduced to 1-hour if there are no readings greater than 10% opacity and there are no more than three readings of 10% opacity are observed in the first hour.
40 CFR 63.1349(b)(2)(i, ii)

Reporting
The owner or operator shall submit all reports and notifications as specified in 40 CFR 63.1354
40 CFR 63.1354(a)(b)
Recordkeeping
The owner or operator shall maintain records as specified in 40 CFR 63.1355
40 CFR 63.1355(a)(b)(c)


Facility-Wide Applicable Requirements
The permittee shall comply with the following when required by the relevant regulation:
K.A.R. 28-19-20 Particulate Matter Emission Limitations 
The permittee shall comply with the requirements of K.A.R. 28-19-20.  This regulation applies to handling and processing equipment for dry bulk materials, excluding indirect heating equipment and incinerators
K.A.R. 28-19-30 through K.A.R. 28-19-32, Emission Limitations (Indirect Heating Equipment)
The permittee shall comply with the requirements of K.A.R. 28-19-30 through 28-19-32.  These regulations apply to installations in which fuel is burned for the primary purpose of producing steam, hot water, or hot air or other indirect heating of liquids, gases, or solids and, in the course of doing so, the products of combustion do not come into contact with process materials.
K.A.R. 28-19-55 through K.A.R. 28-19-58, Emergency Episode Plans
The permittee shall comply with the requirements of K.A.R. 28-19-55 through 28-19-58, Emergency Episode Plans, and shall maintain on site an emergency episode plan if the KDHE requires an emergency episode plan be developed pursuant to K.A.R. 28-19-58.
K.A.R. 28-19-202, Annual Fee Payment
The owner or operator of a permitted emissions unit or stationary source is required to pay fees to the permitting authority consistent with the fee schedule set out in the regulations pursuant to K.A.R. 28-19-202.
K.A.R. 28-19-210, Calculation of Actual Emissions
The following applies to emission control equipment not otherwise addressed in this permit:


If the owner or operator uses air emission control equipment, not otherwise addressed in this permit, to calculate actual emissions, the air emission control equipment shall be maintained in accordance with the manufacturer's recommendation.  The owner or operator shall keep a written log recording the date and type of action taken when performing preventive or other maintenance on the air emission control equipment.
K.A.R. 28-19-517, Annual Emissions Inventory
The owner or operator shall submit all operating or relevant information to estimate emissions for the preceding year to the KDHE.  This information shall be submitted before June 1 of each year and shall be submitted on forms provided or approved by the KDHE.
K.A.R. 28-19-645, Open Burning
The permittee is prohibited from conducting open burning, except as allowed by K.A.R. 28-19-647 and K.A.R. 28-19-648.
K.A.R. 28-19-735 Which Adopted by Reference 40 CFR Part 61, Subpart A and Subpart M
The permittee shall comply with the National Emission Standard for Hazardous Air Pollutants (NESHAP) 40 CFR Part 61, Subpart A, General Provisions and Subpart M, National Emission Standard for Asbestos, adopted by K.A.R. 28-19-735, and K.A.R. 28-50-1 et seq. when conducting any renovation or demolition activities at the facility.
40 CFR Part 68, Chemical Accident Prevention Provisions
Chemical Accident Prevention Provisions, 40 CFR Part 68, is applicable to an owner or operator of a stationary source that has more than a threshold quantity of a regulated substance in a process, as determined in 40 CFR 68.115.
If the stationary source is subject to 40 CFR Part 68, but is not required to comply with those requirements as of the effective date of this operating permit, the stationary source shall be in compliance with the requirements of 40 CFR Part 68 no later than the latest of the following dates:
      a.	Three years after the date on which a regulated substance is first listed in 40 CFR 68.130; or
      b.	The date on which a regulated substance is first present above a threshold quantity in a process.
40 CFR Part 82, Protection of Stratospheric Ozone
    The permittee shall comply with 40 CFR Part 82, Protection of Stratospheric Ozone. Affected controlled substances include, but are not limited to, chlorofluorocarbons, hydrochlorofluorocarbon refrigerants, halons, carbon tetrachloride, and methyl chloroform (specific affected controlled substances are listed in 40 CFR Part 82, Subpart A, appendices A {Class I} and B {Class II}).
    
      The following subparts and sections of 40 CFR Part 82 are conditions of this permit:
    Subpart A -  Production and Consumption Controls
    Subpart B - 	Servicing of Motor Vehicle Air Conditioners
              Subpart E - Labeling of Products Using Ozone-Depleting Substances: Section; 82.106 Warning statement requirements, 82.108 Placement of warning statement, 82.110 Form of label bearing warning statement, and 82.112 Removal of label bearing warning statement
    Subpart F - 	Recycling and Emissions Reduction: Sections; 82.156 Required practices, 82.158 Standards for recycling and recovery equipment, 82.161 Technician certification, and 82.166 Reporting and recordkeeping requirements
    Subpart G -	Significant New Alternatives Policy Program

Opacity Monitoring
    Facilities are required to perform qualitative opacity assessments as identified in the applicable requirements section of this permit.  Qualitative opacity assessments will be conducted for processes or other operations which are subject to an opacity standard and which are operating.
    The person responsible for making qualitative opacity assessments must be knowledgeable about the effects on visibility of emissions caused by background contrast, ambient lighting, observer position relative to lighting, wind, and the presence of uncombined water.
    The records kept of qualitative opacity assessments shall include the time and date assessment occurred, whether emissions appeared normal, a description of the emission point from which any unusual emissions emanated, steps taken to correct any abnormal emissions and the name of the person conducting the assessment plus information required under the Testing, Monitoring, Recordkeeping, and Reporting section of this permit.
    Perceived exceedances of opacity standards in paragraphs one and two are not considered to be deviations subject to reporting in accordance with the Reporting of Deviations from Permit Terms portion of this permit.
    
    Some emission points subject to opacity requirements may be identified as not requiring monitoring due to "potentially very low or nonexistent visible emissions".  Heaters burning refinery gas at refineries, degreasing operations, painting operations which filter particulate emissions, non-heat set printing operations, other non-heat set evaporative VOC sources, petroleum product storage tanks, glycol dehydrators and sources which are vented inside a building which is usually occupied  may be presumed to be in compliance with any opacity limit of 20% or greater.  Burners in indirect heating applications, space heaters, turbines, internal combustion engines or boilers may be presumed to be in compliance with any opacity limit of 20% or greater when burning natural gas or propane/LPG.  Opacity increases as particulate content of emissions increase.  The particulate content of emissions from burning natural gas or propane/LPG is small and the particulate content of emissions from the evaporation of volatile organic compounds is zero.  Particulate emissions inside an occupied building must be small to protect the health of the occupants.  The possibility of emissions from these types of sources exceeding an opacity of 20% is therefore "potentially very low or nonexistent". 
    If an operation in one of the above categories changes such that visible emissions are no longer "very low or nonexistent," the owner or operator shall apply for the appropriate permit or approval in accordance with K.A.R. 28-19-300 and commence appropriate qualitative opacity assessments pursuant to the above schedule.  If a permit or approval is not required by K.A.R. 28-19-300 the owner or operator shall notify KDHE within thirty days of the change in operations and commence appropriate qualitative opacity assessments pursuant to the above schedule.

Requirements Which Will Become Applicable During the Permit Term
    The owner or operator, in accordance with the provisions of K.A.R. 28-19-511(b)(16)(C)(ii) and K.A.R. 28-19-512(a)(23) shall comply in a timely manner with those applicable requirements that become effective during the permit term, unless a detailed schedule is expressly required by the applicable requirements. 

Permit Shield
    Compliance with the conditions of this permit shall be deemed in compliance with the applicable requirements of the Kansas air quality program as of the date of permit issuance.  This shield applies only to:
    a.	applicable requirements included, and specifically identified in the permit;
    b.	applicable requirements that KDHE has specifically identified in writing as not being applicable to the emissions unit or stationary sources and the determination or a concise summary thereof is included in the permit.
    Nothing in this permit shall alter or affect:
    a.	the liability of a permittee for any violation of an applicable requirement occurring prior to or at the time of issuance of this permit;
    b.	U.S. EPA's ability to obtain information under Section 114 of the Clean Air Act; or


    c.	the provisions of Section 303, Emergency orders, of the Clean Air Act, including the authority of the administrator of the U.S. EPA under that section of the air pollution emergency provisions of the Kansas air quality program regulations, K.A.R. 28-19-55 through 28-19-58.  
    d.	the applicable requirements of the acid rain program, consistent with section 408(a) of the Act.

Testing, Monitoring, Recordkeeping and Reporting
    Testing, monitoring, recordkeeping and reporting requirements sufficient to assure compliance with the terms and conditions of the permit are required.
    In addition to any testing, monitoring, recordkeeping or reporting requirement contained in the Applicable Requirements section of this permit, monitoring and reporting may be required under the provisions of K.A.R. 28-19-12, "Measurement of emissions", or as required by any other provision of the federal Clean Air Act.
    Records to support all monitoring and copies of all reports required by the permit must be maintained for a period of at least five years from the date of the activity.  Summary reports of any routine, continuous or periodic monitoring must be submitted at six-month intervals, commencing 30 days after the six month anniversary of permit issuance and 30 days after each subsequent six month period for the duration of the permit.  All instances of deviations from permit requirements, including perceived opacity exceedances, shall be clearly identified in the report.
    Submission of quarterly or semi-annual reports required by any applicable requirement which are duplicative of the reporting required in the previous paragraph will satisfy the reporting requirements of the previous paragraph if noted on the submitted report.
    Records of required monitoring shall include:
    a.	the date, place and time of sampling or measurement;
    b.	the date or dates analyses were performed;
    c.	the company or entity which performed the analyses;
    d.	the analytical techniques or methods used;
    e.	the result of the analyses; and
    f.	the operating conditions that existed at the time of sampling or measurement.



Reporting of Deviations from Permit Terms
    Unless a different time period is specified in this permit, deviations from the requirements of this permit shall be reported to KDHE as follows:
    a.	Deviations which result in emissions exceeding those allowed in this permit shall be reported the next business day following the discovery of the release, with follow-up written notice within five business days following discovery of the release.  The report shall include the probable cause of such deviations and any corrective actions or preventive measures taken.
    b.	Deviations which do not result in emissions exceeding those allowed in this permit shall be reported in writing within 10 business days following discovery of the deviation.
    Oral notifications may be made to the air program field staff at the Southeast District Office in Chanute or to the KDHE central office in Topeka.  Written notifications shall be made to the KDHE central office with a copy to the Southeast District Office.

General Provisions
1.	K.A.R. 28-19-11, Exceptions Due to Breakdowns or Scheduled Maintenance
    a.	Abnormal operating conditions resulting from malfunction, breakdown or necessary repairs to control or processing equipment and appurtenances which cause emissions in excess of the limitations specified at K.A.R. 28-19-20, K.A.R. 28-19-30 through 28-19-32, K.A.R. 28-19-501(d) and K.A.R. 28-19-650 shall not be deemed violations provided that:
         i.	The person responsible for the operation of the emission source notifies the department of the occurrence and nature of such malfunctions, breakdown or repairs, in writing, within 10 days of noted occurrence.
         ii.	The number of occurrences of such breakdowns is not deemed excessive by the department and appropriate reasonable action is taken to initiate and complete any necessary repairs and place the equipment back in operation as quickly as possible.
    b.	Emissions in excess of the limitations specified at K.A.R. 28-19-20, K.A.R. 28-19-30 through 28-19-32, K.A.R. 28-19-501(d) and K.A.R. 28-19-650 resulting from scheduled maintenance of control equipment and appurtenances will be permitted only on the basis of prior approval by the department and upon demonstration that such maintenance cannot be accomplished by maximum reasonable effort, including off-shift labor where required, during periods of shutdown of any related equipment.
    
2.	K.A.R. 28-19-752a, Hazardous Air Pollutants; Limitations Applicable to Construction of New Major Sources or Reconstruction of Existing Major Sources
    This regulation shall continue in effect for an emissions unit or stationary source until a standard has been promulgated which is applicable to such source pursuant to section 112(d) of the federal Clean Air Act.
    This regulation shall apply whenever construction of a new major source or reconstruction of an existing major source of hazardous air pollutants is proposed.
3.	K.A.R. 28-19-753, Hazardous Air Pollutants; Limitations Applicable to Sources for Which the U.S. EPA Fails to Meet Certain Deadlines
    This regulation shall be applicable to a source only if the U.S. EPA fails to promulgate an emission standard for the subcategory applicable to the source within the time frame scheduled by the U.S. EPA at the most recent revision of 58 Federal Register 63941.
    The Federal 112(j) rule (promulgated on May 20, 1994) has been amended.  A direct final rule, published in Federal Register on April 16, 1999, delays the permit application deadline for 7-year source categories listed in the regulatory schedule until December 15, 1999.  The previous deadline was May 15, 1999 which was 18 months after the original November 15, 1997 promulgation date for 7-year MACTs.
    The deadline for the 10-year MACTs was May 15, 2002, which was 18 months after the original November 15, 2000 promulgation date for the 10-year MACTs.
    An amendment to the Federal 112(j) rule was published in the Federal Register on April 5, 2002.  The amended rule revised the Federal 112(j) rule to create a two part air toxic control permit application process.  Part 1 air toxic control permit applications were due by May 15, 2002 from all major sources in source categories for which EPA failed to issue national emissions control standards.  Part 2 air toxic control permit applications will be due within 24 months after the Part 1 application, or May 15, 2004.
    Another amendment to the Federal 112(j) rule was published in the Federal Register on May 30, 2003.  This rule amendment established a new schedule with a specific deadline for submittal of all Part 2 applications for all effected sources in a given category or subcategory.  These deadlines are now 60 days after each respective scheduled promulgation date.  Table 1 to Subpart B of Part 63, in the new amendments, lists all of the 112(j) Part 2 application due dates.
4.	Permit Term and Renewal
    This permit has a term of five years unless otherwise stated in this permit.  A complete application, as defined in K.A.R. 28-19-518, and any applicable fee must be submitted to KDHE not less than six months and not more than 18 months prior to the expiration date.  This operating permit shall not expire on the expiration date if a complete and timely application has been filed with the KDHE. 
    
5.	Severability
    The provisions of this permit are severable, and if any portion of this permit, or the application of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstance, and the remainder of this permit, shall not be affected thereby.
6.	Property Rights
    This permit does not convey any property rights of any sort or any exclusive privilege.
7.	Compliance
    The owner or operator shall comply with all conditions of the permit and shall continue to comply with applicable requirements with which the owner or operator is in compliance.  Any permit noncompliance shall constitute a violation of the Kansas Air Quality Act and shall be grounds for enforcement action, for permit revocation or amendment, or for denial of a permit renewal application.  All permit terms and conditions are federally enforceable.
    This permit may contain provisions which require that specific test methods, monitoring, or record keeping be used as a demonstration of compliance with permit limits.    On February 24, 1997, the U.S. EPA promulgated revisions to the following federal regulations: 40 CFR Part 51.212; 40 CFR Part 52, Sec.52.12; 40 CFR Part 52, Sec 52.30; 40 CFR Part 60, Sec 60.11 and 40 CFR Part 61, Sec 61.12, that allow the use of credible evidence to establish compliance with applicable requirements.  At the issuance of this permit, the State of Kansas has incorporated these provisions in its air quality regulations K.A.R. 28-19-212 (d), K.A.R. 28-19-350, K.A.R. 28-19-720 and K.A.R. 28-19-735.
    It shall not be a defense for a permittee in an enforcement action to contend that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit.
8.	Compliance Certification
    The permittee shall annually submit to the Air Operating Permit and Compliance Section of the KDHE, and a copy to the Air Permitting and Compliance Branch of the U.S. EPA, Region 7, a certification of compliance (Form CR-02, "Annual Certification").  The due date of the 	certification is March 28 of each year, beginning March 28, 2005 for the period February 26, 2004 through February 25, 2005. 
    The certification shall include the permit term or condition that is the basis of the certification; the current compliance status; whether compliance was continuous or intermittent; the method or methods used for determining the compliance, currently and over the reporting period; and such other facts as KDHE may require to determine the compliance status of the source.  Any document required to be submitted in accordance with this permit shall be certified by a responsible official.  The certification shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the certification are true, accurate and complete.
    
9.	Emergency
    a.	An "emergency" means any situation arising from sudden and reasonably unforeseeable events beyond the control of the source, including acts of God, which situation requires immediate corrective action to restore normal operation, and that causes the source to exceed a technology-based emission limitation under this permit, due to unavoidable increases in emissions attributable to the emergency.  An emergency shall not include noncompliance to the extent caused by improperly designed equipment, lack of preventative maintenance, improper operation or operator error.
    b.	An emergency shall constitute an affirmative defense to an action brought for noncompliance with such technology-based emission limitation if the conditions of paragraph (c) below are met.
    c.	The affirmative defense of emergency shall be demonstrated through properly signed, contemporaneous operating logs or relevant evidence that:
            i.	an emergency occurred and that the permittee can identify the cause or causes of the emergency;
            ii.	the permitted facility was at the time being properly operated;
            iii.	during the period of the emergency the permittee took all reasonable steps to minimize levels of emissions that exceeded the emission standards or other requirements in the permit; and
            iv.	the permittee submitted notice of the emergency, containing a description of the emergency, any steps taken to mitigate emissions, and corrective actions taken, to KDHE within two working days of the time when emission limitations were exceeded due to the emergency.
    d.		In any enforcement proceeding, the permittee seeking to establish the occurrence of an emergency shall have the burden of proof.
    e.		These emergency provisions are in addition to any emergency or upset provisions contained in any applicable requirement.  Whenever these emergency provisions conflict with the provisions of K.A.R. 28-19-11, these emergency provisions shall control.
10. 	Inspection and Entry
    Upon presentation of credentials and other documents as may be required by law, representatives of KDHE, including authorized contractors of KDHE, shall be allowed by the permittee to:
    a.	enter upon the premises where a regulated facility or activity is located or conducted and where records are kept under conditions of this document;
    
    b.	have access to and copies of, at reasonable times, any records that must be kept under conditions of this document;
    c.	inspect at reasonable times, any facilities, equipment (including monitoring and control equipment), practices or operations regulated or required under this document; and
    d.	as authorized by the Kansas Air Quality Act, sample or monitor at reasonable times substances or parameters for the purpose of assuring compliance with the permit or applicable requirements.
11.	Permit Amendment, Modification, Reopening and Changes Not Requiring a Permit Action
    a.	The permit may be modified, revoked, reopened, reissued or terminated for cause.  The filing of a request by the permittee for a permit modification, revocation, reissuance or termination, or of a notification of planned changes or anticipated noncompliance does not stay any permit condition.
    b.	The permitting authority will reopen and revise or revoke this permit as necessary to remedy deficiencies in the following circumstances:
          i.	Additional requirements under the Clean Air Act become applicable to the source three or more years prior to the expiration date of this permit.  Such a reopening shall be completed no later than 18 months after promulgation of the applicable requirement.  No such reopening is required if the effective date of the requirement is later than the expiration date of this permit.
          ii.	KDHE determines that this permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms or conditions of this permit.
          iii.	KDHE determines that it is necessary to revise or revoke this permit in order to assure compliance with applicable requirements.
    c.	This document is subject to periodic review and amending as deemed necessary to fulfill the intent and purpose of the Kansas Air Quality Statutes and the Kansas Air Quality Regulations.
    d.	No permit revision shall be required under any approved economic incentives, pollution prevention incentives, marketable permits, emissions trading and other similar programs or processes for changes that are provided for in the permit.
12.	Duty to Provide Information
    Unless a different time frame is specified in this permit, the permittee shall furnish to the KDHE any information that the KDHE may request in writing within 60 days of the request, unless the KDHE specifies another time period.  Submittal of confidential business information must be in accordance with KDHE procedures.
    
13.	Duty to Supplement
    The permittee, upon becoming aware that any relevant facts were omitted or incorrect information was submitted in any submittal, shall promptly submit such supplementary facts or corrected information.
14.	Other Permits and Approvals; Applicability
    a.		A construction permit or approval must be obtained from KDHE prior to commencing any construction or modification of equipment or processes which results in potential emission increases equal to or greater than the thresholds specified at K.A.R. 28-19-300.
    b.		This document does not relieve the permittee of the obligation to obtain other approvals, permits, licenses or documents of sanction which may be required by other federal, state or local government agencies.
15.	Submissions
    All reports, notifications, information and other correspondence (including submission of the Annual Certification Form CR-02) shall be submitted to:
          Air Construction/Operating Permits & Compliance Section
          Bureau of Air and Radiation
          Kansas Department of Health and Environment
          1000 SW Jackson, Suite 310
          Topeka, KS  66612-1366
      (785) 296-1570

    A copy of each Annual Certification Form CR-02 and Part 2 permit application shall be submitted to:
          Kansas Compliance Officer
          Air Permitting and Compliance Branch
          U.S. EPA, Region VII
        901 N. 5[th] Street
          Kansas City, KS 66101

    The annual certification shall be certified by a responsible official.  This certification shall state that, based on the information and belief formed after reasonable inquiry, the statements and information in the certification are true, accurate and complete.  This certification shall be submitted with original signatures.


    When specified in the permit, contact the district office at:
          Southeast District Office
          1500 West 7[th] Street
          Chanute, KS 66720-9701
          (620) 431-2390


Permit Engineer

______________________________________			                                                
William Stone											Date Signed
Engineering Associate
Air Construction/Operating Permits & Compliance Section
WGS:saw
c: SEDO
O-5799

