AIR EMISSION SOURCE

CLASS I OPERATING PERMIT tc \l1 "CLASS I OPERATING PERMIT 

Source ID No.:	1250015

Effective Date:	May 20, 2004

Revised Date:		June 30, 2004

Expiration Date:	May 19, 2009		      

Source Name:		The Heartland Cement Company

SIC Code:		3241, Portland Cement Manufacturing Industries

NAICS Code:		327310 Cement Manufacturing

Source Location:	Cement Street

Independence, KS 67301

Mailing Address:	P.O. Box 428

Independence, KS 67301



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 and
the potential to emit a single Hazardous Air Pollutant (HAP) is above 10
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	15

Opacity Monitoring	17

Requirements Which Will Become Applicable During the Permit Term	18

Permit Shield	18

Testing, Monitoring, Recordkeeping, and Reporting	19

Reporting of Deviations from Permit Terms	19

General Provisions	20

1.	K.A.R. 28-19-11:  Exceptions Due to Breakdowns or Scheduled
Maintenance	20

2.	K.A.R. 28-19-752a:  Hazardous Air Pollutants; Limitations Applicable
to

Construction of New Major Sources or Reconstruction of Existing Major
Sources	21

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	21

4.	Permit Term and Renewal	22

5.	Severability	22

6.	Property Rights	22

7.	Compliance	22

8.	Compliance Certification	23

9.	Emergency	23

10.	Inspection and Entry	24

11.	Permit Amendment, Modification, Reopening, and Changes Not Requiring
a

Permit Action	24

12.	Duty to Provide Information	25

13.	Duty to Supplement	25

14.	Other Permits and Approvals; Applicability	25

15.	Submissions	26

Attachment A.	Site Diagram

Attachment B.	Acronyms and Symbols

Attachment C.	Emission Sources Listed with Their Applicable Requirements


Attachment D.	Opacity Monitoring Summary

Facility Description

The plant produces cement using the dry process from raw materials from
the on-site quarry and off-site sources. Calcareous, siliceous, and
argillaceous raw materials are mined at the quarry and are crushed at
the plant. Initially, these are staged at the plant in piles. These raw
materials are ground and dried in the raw mill and mixed in the blending
silos. From the blending silos, the raw kiln feed is fed to the dry
process cement kilns. The kilns are fixed by coal/coke and natural gas.
The hot clinker from the kilns are cooled in the clinker coolers and
stored in the clinker building. The clinker is ground with gypsum in
various proportions in the finishing mills to produce different types of
cement which are stored in silos. Grinding aid used in the finishing
mills include glycol based materials and tall oil soap solutions. From
the silos, the cement is either shipped out in bulk by trucks and rail
cars or in packaged form. Various types of mechanical and pneumatic
conveyors and elevators are used for material handling. Fabric filters
are unitized throughout the plant fro product recovery and pollution
control. The kiln exhausts are used for generating steam for on-site
captive power generation and drying of raw materials. Fabric Filters are
used for controlling kiln emissions. Clinker cooler emissions are
controlled by a combination of cyclones and the clinker cooler fabric
filter. The waste heat boilers for generating power now fire natural
gas. The plant operations also include support services such as
maintenance, transportation, etc. 

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	15

K.A.R. 28-19-55 through K.A.R. 28-19-58, Emergency Episode Plans	15

K.A.R. 28-19-202, Annual Fee Payment	15

K.A.R. 28-19-210, Calculation of Actual Emissions	15

K.A.R. 28-19-517, Annual Emission Inventory	15

K.A.R. 28-19-645, Open Burning	15

K.A.R. 28-19-650, Emissions Opacity Limits	7

K.A.R. 28-19-735, Which Adopts by Reference 40 CFR Part 61, Subpart A
and NESHAP

for Asbestos, Subpart M	16

K.A.R. 28-19-750, Which Adopts by Reference 40 CFR Part 63, Subpart A
and NESHAP

for Portland Cement Manufacturing, Subpart LLL	9

40 CFR Part 68, Chemical Accident Prevention Provisions	16

40 CFR Part 82, Protection of Stratospheric Ozone	16

Emission Source Information

A list of emission sources including emission source IDs, emission
source descriptions, Stack/Vent ID’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  tc \l4 "A.	Kansas Administrative
Regulations  

A.1	

K.A.R. 28-19-20, Particulate matter emission limitations - Processing
Equipment tc \l2 "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(P0.67), for Process weight >
30 tons/hr, E = 55(P0.11) - 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 tc \l4 "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:

 EQ A = \F(1.026,I\S\up4(0.233)) 

Where:	

A	=	the allowable emission rate in lb/106 BTU

I	=	the total heat input in 106 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 tc \l4 "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 tc \l4 "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 1-min qualitative assessment  monthly.  If visible
emissions are observed conduct an additional 1-minute qualitative
assessment within twenty-four hours with a result of “No visible
emissions,” or conduct a 6-minute Method 9.  The Method 9 test must
begin within twenty-four hours of the original, or follow-up (if
conducted), qualitative assessment during which visible emissions were
observed, unless a follow-up qualitative assessment demonstrated no
visible emission. 	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 tc \l4 "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 1-min qualitative assessment  monthly.  If visible
emissions are observed conduct an additional 1-minute qualitative
assessment within twenty-four hours with a result of “No visible
emissions,” or conduct a 6-minute Method 9.  The Method 9 test must
begin within twenty-four hours of the original, or follow-up (if
conducted), qualitative assessment during which visible emissions were
observed, unless a follow-up qualitative assessment demonstrated no
visible emission. 	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.

	

B.   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.

B.1 tc \l4 "B.1 	

40 CFR 63 NESHAP - LLL, Standards for In-line Kiln/Raw Mill System



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 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)(1)(i)-(iv).	40 CFR 63.1349(b)(1)

	Performance tests required under 40 CFR 63.1349(b)(1)(2) shall be
repeated every five years, except that the owner or operator of a kiln,
in-line kiln/raw mill or clinker cooler is not required to repeat the
initial performance test of opacity for the kiln, in-line kiln/raw mill
or clinker cooler.	40 CFR 63.1349(c)

	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  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)

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)



B.2 tc \l4 "B.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)

	Performance tests required under 40 CFR 63.1349(b)(1)(2) shall be
repeated every five years, except that the owner or operator of a kiln,
in-line kiln/raw mill or clinker cooler is not required to repeat the
initial performance test of opacity for the kiln, in-line kiln/raw mill
or clinker cooler.	40 CFR 63.1349(c)

	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)



B.3 tc \l4 "B.3 	

40 CFR 63 NESHAP - LLL, Standards for 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 during any Method 22 visible emissions
test, the owner or operator must: 

1) Initiate, within one hour, the corrective actions specified in the
operating and maintenance plan developed in accordance with paragraphs
40 CFR 63.1350(a)(1)(2) and,

2) Within 24 hours of the end of the Method 22 test in which visible
emissions were observed, conduct a followup Method 22 test of each stack
from which visible emissions were observed during the previous Method 22
test. If visible emissions are observed during the followup Method 22
test from any stack from which visible emissions were observed during
the previous Method 22 test, conduct a visual opacity test of each stack
from which emissions were observed during the follow up Method 22 test
in accordance with Method 9 of appendix A to part 60 of this chapter.
The duration of the Method 9 test shall be 30 minutes.

	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)

Testing	Performance tests required under 40 CFR 63.1349(b)(1)(2) shall
be repeated every five years, except that the owner or operator of a
kiln, in-line kiln/raw mill or clinker cooler is not required to repeat
the initial performance test of opacity for the kiln, in-line kiln/raw
mill or clinker cooler.	40 CFR 63.1349(c)



B.4 tc \l4 "B.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 1-min visible emissions (VE) test using Method 22
monthly.  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)



	Performance tests required under 40 CFR 63.1349(b)(1)(2) shall be
repeated every five years, except that the owner or operator of a kiln,
in-line kiln/raw mill or clinker cooler is not required to repeat the
initial performance test of opacity for the kiln, in-line kiln/raw mill
or clinker cooler.	40 CFR 63.1349(c)

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.5 tc \l4 "B.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 PM
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 whether 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)(3)(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)



C.   State Construction Permit Conditions

C.1	

KDHE Construction Permit 8-23-2001 Air Emission Source Construction
Permit



a. Limitation/ Standard:	

The total cement processed from all sources (on-site and off-site) in
the new finish mill system shall not exceed 400,000 tons per year.



Monitoring	Heartland shall monitor and record the total cement
throughput for the new finish mill system.	Construction Permit 8/23/2001
Monitoring Requirement 2 

	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 8/23/2001 Permit Conditions 2

Recordkeeping	Records shall be kept to demonstrate compliance with the
total cement throughput for the new finish mill system.	Construction
Permit 8/23/2001 Recordkeeping Requirement 1 



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.	

For each emission point from which visible emissions are observed during
normal operations 

which appear to exceed the relevant standard, observations shall occur
at the frequency specified in 

paragraph 2 below.

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:

 LISTNUM AutoList123 \l 1 	applicable requirements included, and
specifically identified in the permit;

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:

the liability of a permittee for any violation of an applicable
requirement occurring 

prior to or at the time of issuance of this permit;

 U.S. EPA’s ability to obtain information under Section 114 of the
Clean Air Act; or

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.

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 28-19-32and 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 ffected 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 June 19 of each year, beginning June 19, 2005 for the
period May 20, 2004

through May 19, 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. 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. 5th Street

Kansas City, KS 66101

The annual certification form CR-02 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 7th Street

Chanute, KS 66720-9701

(620) 431-2390

Permit Engineer

__________________________________________		________________________

William Stone								Date Signed

Engineering Associate

Air Construction/Operating Permits & Compliance Section

Issued by

__________________________________________		_______________________

Amer Safadi, Supervisor						Date Signed

Air Construction/Operating Permits & Compliance Section

Bureau of Air and Radiation

__________________________________________		________________________

Vick L. Cooper, Chief							Date Signed

Air Construction/Operating Permits & Compliance Section

Bureau of Air and Radiation

WGS:saw

c:  SEDO

O-5791

	

	K    A    N    S    A    S

RODERICK L. BREMBY, SECRETARY	KATHLEEN SEBELIUS, GOVERNOR

 	DEPARTMENT OF HEALTH AND ENVIRONMENT

DIVISION OF ENVIRONMENT

Bureau of Air & Radiation

Air Construction/Operating Permits & Compliance Section

CURTIS STATE OFFICE BUILDING, 1000 SW JACKSON ST., STE 310, TOPEKA, KS 
66612-1366

Voice 785-296-1570          Fax 785-291-3953         
http://www.kdhe.state.ks.us

Printed on Recycled Paper

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