65-3008b.Same; suspension, revocation, denial,modification, issuance.(a) The secretary may suspend or revoke an approval or apermit if the permittee has violated any provision of the approval or thepermit, any provision of this act or any rule and regulation adopted underthis act and applicable to the permitted source.
(b) As applicable to the source for which the approval or permit is sought,the secretary may deny an approval or permit, or a renewal thereof, iftheapplicant fails to: (1) Submit a complete application; or (2) submit anapplication fee.
(c) The secretary may deny a permit for any proposed new stationary sourceif the owner or operator of such a source fails to demonstrate to thesatisfaction of the secretary that any other stationary source owned oroperated by such person, or by any entity controlling, controlled by or undercommon control with such person, in this state is in compliance, or meeting aschedule for compliance, with all applicable emission limitations and standardsunder this act and the federal clean air act, and amendments thereto.
(d) The secretary may modify or reopen an approval or a permit for cause.The secretary shall reopen a permit whenever requirements under this act becomeapplicable to a permitted source and three or more years remain on the originalterm of the permit. Any permit revision incorporating a requirement adopted bythe secretary shall be effective as soon as practicable, but not later than 18months after the promulgation of the requirement by the United Statesenvironmental protection agency.
(e) Within 15 days after the issuance of a notice of intent to take anyaction authorized by subsection (a), (b), (c) or (d), or within 15 days afterthe secretary's written decision to affirm, modify or reverse a permit decisionpursuant to subsection (b) of K.S.A. 65-3008a, the permittee mayfile a request for ahearing with the secretary. Each such notice of intent shall specify theprovision of this act or rule and regulation allegedly violated, the factsconstituting the alleged violation and the secretary's intended action. Eachnotice of intent or written decision to affirm, modify or reverse a permitdecision shall state the permittee's right to request a hearing. Such hearingshall be conducted in accordance with the Kansas administrative procedure act.
(f) The filing of a request by the permittee for an approval or permitmodification, revocation or amendment, or the filing by the permittee of anotification of planned changes or anticipated noncompliance, does not stay anyapproval or permit condition.
(g) No permit shall be issued, modified, amended, revised or renewed unlessthe United States environmental protection agency has certified that suchpermit complies with the requirements of the federal clean air act, except thata permitmay be issued if the United States environmental protection agency has notnotified the secretary of the United States environmental protection agency'sdecision within 45 days after receipt ofthe proposed permit by such agency.
(h) The secretary shall issue or deny the permit (including requests formodification or to reopen the permit):
(1) Within three years of the date the United States environmentalprotection agency approves the state permitting program pursuant to theprovisions of the federal clean air act, as amended in November 1990, forpermit applications submitted within the first full year after such date;
(2) pursuant to the time schedule provided by title IV (acid rain) of the1990 amendments to the federal clean air act, for air contaminant emissionsources subject to that title; or
(3) within 18 months after receiving a complete application, in all othercases.
(i) Failure of the secretary to issue or deny the permit, or grant or deny arequest to modify or reopen the permit, within the period stated in subsection(h) shall not result in the default issuance of a permit, permit amendment,permit modification or permit renewal nor shall such failure result in anyother entity assuming jurisdiction to act on the permit or the request.
65-3008b.Same; suspension, revocation, denial,modification, issuance.(a) The secretary may suspend or revoke an approval or apermit if the permittee has violated any provision of the approval or thepermit, any provision of this act or any rule and regulation adopted underthis act and applicable to the permitted source.
(b) As applicable to the source for which the approval or permit is sought,the secretary may deny an approval or permit, or a renewal thereof, iftheapplicant fails to: (1) Submit a complete application; or (2) submit anapplication fee.
(c) The secretary may deny a permit for any proposed new stationary sourceif the owner or operator of such a source fails to demonstrate to thesatisfaction of the secretary that any other stationary source owned oroperated by such person, or by any entity controlling, controlled by or undercommon control with such person, in this state is in compliance, or meeting aschedule for compliance, with all applicable emission limitations and standardsunder this act and the federal clean air act, and amendments thereto.
(d) The secretary may modify or reopen an approval or a permit for cause.The secretary shall reopen a permit whenever requirements under this act becomeapplicable to a permitted source and three or more years remain on the originalterm of the permit. Any permit revision incorporating a requirement adopted bythe secretary shall be effective as soon as practicable, but not later than 18months after the promulgation of the requirement by the United Statesenvironmental protection agency.
(e) Within 15 days after the issuance of a notice of intent to take anyaction authorized by subsection (a), (b), (c) or (d), or within 15 days afterthe secretary's written decision to affirm, modify or reverse a permit decisionpursuant to subsection (b) of K.S.A. 65-3008a, the permittee mayfile a request for ahearing with the secretary. Each such notice of intent shall specify theprovision of this act or rule and regulation allegedly violated, the factsconstituting the alleged violation and the secretary's intended action. Eachnotice of intent or written decision to affirm, modify or reverse a permitdecision shall state the permittee's right to request a hearing. Such hearingshall be conducted in accordance with the Kansas administrative procedure act.
(f) The filing of a request by the permittee for an approval or permitmodification, revocation or amendment, or the filing by the permittee of anotification of planned changes or anticipated noncompliance, does not stay anyapproval or permit condition.
(g) No permit shall be issued, modified, amended, revised or renewed unlessthe United States environmental protection agency has certified that suchpermit complies with the requirements of the federal clean air act, except thata permitmay be issued if the United States environmental protection agency has notnotified the secretary of the United States environmental protection agency'sdecision within 45 days after receipt ofthe proposed permit by such agency.
(h) The secretary shall issue or deny the permit (including requests formodification or to reopen the permit):
(1) Within three years of the date the United States environmentalprotection agency approves the state permitting program pursuant to theprovisions of the federal clean air act, as amended in November 1990, forpermit applications submitted within the first full year after such date;
(2) pursuant to the time schedule provided by title IV (acid rain) of the1990 amendments to the federal clean air act, for air contaminant emissionsources subject to that title; or
(3) within 18 months after receiving a complete application, in all othercases.
(i) Failure of the secretary to issue or deny the permit, or grant or deny arequest to modify or reopen the permit, within the period stated in subsection(h) shall not result in the default issuance of a permit, permit amendment,permit modification or permit renewal nor shall such failure result in anyother entity assuming jurisdiction to act on the permit or the request.
65-3008b.Same; suspension, revocation, denial,modification, issuance.(a) The secretary may suspend or revoke an approval or apermit if the permittee has violated any provision of the approval or thepermit, any provision of this act or any rule and regulation adopted underthis act and applicable to the permitted source.
(b) As applicable to the source for which the approval or permit is sought,the secretary may deny an approval or permit, or a renewal thereof, iftheapplicant fails to: (1) Submit a complete application; or (2) submit anapplication fee.
(c) The secretary may deny a permit for any proposed new stationary sourceif the owner or operator of such a source fails to demonstrate to thesatisfaction of the secretary that any other stationary source owned oroperated by such person, or by any entity controlling, controlled by or undercommon control with such person, in this state is in compliance, or meeting aschedule for compliance, with all applicable emission limitations and standardsunder this act and the federal clean air act, and amendments thereto.
(d) The secretary may modify or reopen an approval or a permit for cause.The secretary shall reopen a permit whenever requirements under this act becomeapplicable to a permitted source and three or more years remain on the originalterm of the permit. Any permit revision incorporating a requirement adopted bythe secretary shall be effective as soon as practicable, but not later than 18months after the promulgation of the requirement by the United Statesenvironmental protection agency.
(e) Within 15 days after the issuance of a notice of intent to take anyaction authorized by subsection (a), (b), (c) or (d), or within 15 days afterthe secretary's written decision to affirm, modify or reverse a permit decisionpursuant to subsection (b) of K.S.A. 65-3008a, the permittee mayfile a request for ahearing with the secretary. Each such notice of intent shall specify theprovision of this act or rule and regulation allegedly violated, the factsconstituting the alleged violation and the secretary's intended action. Eachnotice of intent or written decision to affirm, modify or reverse a permitdecision shall state the permittee's right to request a hearing. Such hearingshall be conducted in accordance with the Kansas administrative procedure act.
(f) The filing of a request by the permittee for an approval or permitmodification, revocation or amendment, or the filing by the permittee of anotification of planned changes or anticipated noncompliance, does not stay anyapproval or permit condition.
(g) No permit shall be issued, modified, amended, revised or renewed unlessthe United States environmental protection agency has certified that suchpermit complies with the requirements of the federal clean air act, except thata permitmay be issued if the United States environmental protection agency has notnotified the secretary of the United States environmental protection agency'sdecision within 45 days after receipt ofthe proposed permit by such agency.
(h) The secretary shall issue or deny the permit (including requests formodification or to reopen the permit):
(1) Within three years of the date the United States environmentalprotection agency approves the state permitting program pursuant to theprovisions of the federal clean air act, as amended in November 1990, forpermit applications submitted within the first full year after such date;
(2) pursuant to the time schedule provided by title IV (acid rain) of the1990 amendments to the federal clean air act, for air contaminant emissionsources subject to that title; or
(3) within 18 months after receiving a complete application, in all othercases.
(i) Failure of the secretary to issue or deny the permit, or grant or deny arequest to modify or reopen the permit, within the period stated in subsection(h) shall not result in the default issuance of a permit, permit amendment,permit modification or permit renewal nor shall such failure result in anyother entity assuming jurisdiction to act on the permit or the request.
