Kansas incorporates federal New Source Performance Standards and Hazardous Air Pollutants MACT Standards [US]

In the October 30, 2014 Kansas Register, the Kansas Department of Health and Environment (KDHE) incorporated federal air regulations for New Source Performance Standards and Hazardous Air Pollutants Maximum Available Control Technology. KDHE proposed incorporating these standards in August 2014. These standards do not impose any additional requirements on regulated entities, because they were already required to comply with the federal regulations.

 K.A.R. 28-19-720 incorporates the New Source Performance Standards (NSPS) effective and published in the Code of Federal Regulations (CFR) Part 60 up to July 1, 2010. K.A.R. 28-19-also adopts the “Standards of Performance for Stationary Compression Ignition and Spark Ignition Internal Combustion Engine” final rule adopted by the US Environmental Protection Agency (USEPA) on June 28, 2011, and the “New Source Performance Standards for Stationary Internal Combustion Engine” final rule adopted by USEPA on January 30, 2013. KDHE also amends K.A.R. 28-19-720(a)(1)-(6) to reorganize the exclusions from adoption of 40 CFR Part 60 and clarify the provisions that are not delegated to Kansas.

The amendments to K.A.R. 28-19-750 adopt the hazardous air pollutants (HAP) maximum achievable control technology (MACT) regulations. These regulations include 40 CFR Part 63, Subpart ZZZZ, which regulates reciprocating internal combustion engines. The adoption will include all corrections made up through March 6, 2013.

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Sources:  Kansas Department of Health and Environment, Permanent Administrative Regulations, Article 19, 33 Kansas Register 1125, October 30, 2014