Kan. Admin. Regs. § 28-19-303 - Construction permits and approvals; additional provisions; construction approvals
(a) A construction
approval shall not contain conditions that allow a source to avoid any
requirement of the federal clean air act. Any person requesting an operational
restriction that would result in avoidance of a federal requirement shall apply
for and obtain a construction permit prior to the construction or modification
of the relevant stationary source or emissions unit.
(b) If the potential-to-emit of the proposed
construction or modification may cause or contribute to a violation of a
national ambient air quality standard, a construction approval shall not be
issued for the construction or modification of an emissions unit or stationary
source. An application for a construction permit shall be required for the
construction or modification.
(c)
A construction approval issued pursuant to this regulation, regarding an
emissions unit or stationary source which is subject to any requirement of the
Kansas air quality act or the federal clean air act, shall contain provisions
requiring operation of the emissions unit or stationary source in compliance
with all requirements of the Kansas air quality act and the federal clean air
act which are applicable to the emissions unit or stationary source.
(d) For purposes of the Kansas air quality
act, an approval issued pursuant to this regulation shall be considered to be
an approval to construct or modify an air contaminant emission stationary
source.
Notes
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