40 CFR 52.872 : Protection Of Environment (§ 1.1 To Parts 1851-1899) — (§ 52.01 To §§ 52.1000-52.1018) — Environmental Protection Agency (Continued) (§ 52.01 To §§ 52.1000-52.1018) — Air Programs (Continued) (§ 52.01 To §§ 52.1000-52.1018) — Approval And Promulgation Of Implementation Plans (§ 52.01 To §§ 52.1000-52.1018) — Kansas (§ 52.869 To § 52.884) — Operating permits.

Emission limitations and related provisions which are established in Kansas operating permits as Federally enforceable conditions shall be enforceable by EPA. EPA reserves the right to deem permit conditions not Federally enforceable. Such a determination will be made according to appropriate procedures and be based upon the permit, permit approval procedures, or permit requirements which do not conform with the operating permit program requirements or the requirements of EPA underlying regulations.