Air Compliance and Enforcement

• Where do I send my reports?
• I just discovered that I am out of compliance with my permit. How can I get this problem resolved?
• My permit requires that I conduct a performance test (also sometimes called a stack test). I am not sure what this is, or how I get this done. Where do I start?
• I am required to conduct a performance test. I would like to request a different test method than the one required by the rule that I am subject to. How can I do this?
• I've got waste materials that I need to dispose of. Can I burn this material, rather than sending it to a landfill?
• I have a complaint about a source of air emissions. Who should I call?
• I would like to become certified to conduct Method 9 evaluations. Are there "smoke schools" in the area where I can get certified?

I just discovered that I am out of compliance with my permit. How can I get this problem resolved?

Consider self-disclosing the problem. Take a few minutes to review a KDHE publication called What You Need to Know About Environmental Auditing and Self Disclosure, which summarizes our policy and the statute K.S.A. 2003 Supp. 60-3332 et seq.

KDHE supports improving compliance with environmental laws and regulations by encouraging the use of self-audits, voluntary disclosure of violations, and the implementation of environmental management systems by the regulated community. If a member of the regulated community submits a self disclosure for violations and KDHE determines the violations are not eligible for immunity from penalities, KDHE will take those good faith efforts into consideration when assessing the necessary response.

We also encourage you to contact the K-State Small Business Environmental Assistance Program at 1-800-578-8898 for confidential help with questions about air permits.

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My permit requires that I conduct a performance test (also sometimes called a stack test). I am not sure what this is, or how I get this done. Where do I start?

A stack test measures the amount of a specific pollutant or pollutants being emitted through regulated stacks at facilities subject to the requirements of state and federal regulations and permit conditions. Stack testing is an important tool used to determine a facility's compliance with emission limits. Many companies hire contractors to conduct performance tests. KDHE maintains a list of contractors who are available for performance testing in Kansas. KDHE maintains a list of Performance Testing Companies . EPA also maintains a list of national performance testing companies. The list can be viewed at:

http://www.epa.gov/ttn/emc/software.html
(see downloads list)

In addition, KDHE provides Performance Testing Guidelines to help facilities and stack testing companies prepare protocols for, conduct, and prepare reports for performance tests in Kansas.

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I am required to conduct a performance test. I would like to request a different test method than the one required by the rule that I am subject to. How can I do this?

If the test is required to demonstrate compliance with a federal rule, then a written request for an alternative test method should be sent to EPA Region 7, and the request will be forwarded to EPA Headquarters. EPA will respond in writing, approving or denying the request for an alternative test method. If the test is required to demonstrate compliance with a state only rule, then a written request should be sent to KDHE. KDHE will respond in writing. The addresses to send such requests are as follows:

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I've got waste materials that I need to dispose of. Can I burn this material, rather than sending it to a landfill?

K.A.R. 28-19-645 prohibits open burning, with a few exceptions outlined in K.A.R. 645-648. This regulation can be found on our web site:

http://www.kdheks.gov/bar/regs/AIRREGS2004a2_eml.pdf

In many cases, waste materials cannot be burned. We have several technical guidance documents that address specific open burning questions. They can be found on our web site:

http://www.kdheks.gov/air-permit/tech_guidance.html

This guidance summarizes KDHE's regulations. If you still have questions, please contact the Compliance Unit Supervisor (785) 296-1544.

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I have a complaint about a source of air emissions. Who should I call?

KDHE District Offices and Local Air Programs

Anywhere in Kansas (785) 296-1544

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I would like to become certified to conduct Method 9 evaluations. Are there "smoke schools" in the area where I can get certified?

KDHE is aware of three smoke schools in the area. These and other companies also conduct smoke school in neighboring states. Tests are normally conducted twice a year, with one in the spring and another in the fall.

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