KRS § 77.195 — KY Code / Title IX / Chapter 77 / Section 77.195
77.195 Regulation of installations which may cause emission of air contaminants -- Issuance of permits -- Changes -- Submission of plans and specifications -- Exempted installations
Status: in_force

77.195 Regulation of installations which may cause emission of air contaminants --

Issuance of permits -- Changes -- Submission of plans and specifications --

Exempted installations.

(1) The air pollution control board may require by regulation that before any person

builds, erects, alters, replaces, operates, or uses any article, machine, equipment, or

other contrivance specified by the regulation the use of which may cause the

issuance of air contaminants, such person shall obtain a permit to do so from the air

pollution control officer. The regulation may include the requirements of Title V of

the Clean Air Act of 1963 as amended by the Clean Air Act Amendments of 1990

and 40 C.F.R. Part 70 State Operating Permit Programs.

(2) The air pollution control board may require by regulation that it shall be unlawful

for any person to violate any requirement of a permit issued by the district.

(3) Insofar as the regulations do not grant an automatic permit for the operation of any

source required to be permitted under the Federal Clean Air Act of 1963, as

amended by the Clean Air Act Amendments of 1990, or under district regulations

which are in existence upon the effective date of the regulations, a permit shall not

be required without first affording the owner, operator, or user thereof a reasonable

time within which to apply for such permit, and to furnish the air pollution control

officer the information required pursuant to KRS 77.215.

(4) This subsection shall not apply to sources required to have a permit before

construction or modification under the applicable requirements of district

regulations. In all other cases, if an applicant has submitted a timely and complete

application for a permit, including renewals, but final action has not been taken on

the application, the source's failure to have a permit shall not be a violation

concerning the activities to be covered by the permit unless the delay in final action

was due to the failure of the applicant to timely submit information required or

requested to process the application. No source required to have a permit shall be in

violation of district permit regulations before the date on which the source may be

required to submit an application.

(5) Compliance with a permit issued in accordance with district regulations shall be

deemed compliance with any applicable requirements of this chapter and with

district regulations as of the date of permit issuance if:

(a) The applicable requirements are included and are specifically identified in the

permit; or

(b) The district, in acting on the permit application or revision, determines in

writing that other requirements specifically identified are not applicable to the

source, and the permit includes the determination or a concise summary

thereof.

(6) The air pollution control district shall, by regulation, allow changes within a

permitted source or one operating pursuant to a timely application under subsection

(3) of this section, without requiring a permit revision, if the changes are not

modifications under any provision of Title I of the Federal Clean Air Act of 1963 as

amended by the Clean Air Act Amendments of 1990, and if the changes do not

exceed the emissions allowable under the permit, whether expressed as a rate of

emissions or in terms of total emission. The district may allow these changes

without a permit revision only if the facility provides the United States

Environmental Protection Agency and the district with written notification as

required by district regulations at least seven (7) days in advance of the proposed

changes, unless the district establishes, by regulation, a different schedule for

emergencies.

(7) The air pollution control board may require that before the air pollution control

officer issues a permit to operate a source required to be permitted by district

regulations or by the Federal Clean Air Act of 1963 as amended by the Clean Air

Act Amendments of 1990, or issues a permit to build, erect, alter, or replace any

equipment, that the plans, specifications, and compliance plan show, and that the

permit issued by the air pollution control officer require, that the building, erection,

alteration, or replacement will be done in such a manner, and that such approved

equipment be used, as the air pollution control board finds will eliminate or reduce

the discharge of any air contaminants.

(8) A permit shall not be required for:

(a) Any mobile equipment;

(b) Any structure designed for and used exclusively as a single owner-occupied

private residence. However, if a renovation, demolition, or cleanup of a

structure may cause a disturbance of asbestos material, and:

1. The structure is one (1) of a group of structures consisting of more than

one (1) structure under common control; or

2. At the time of the renovation, demolition, or cleanup, the use of the

structure or the property is commercial or is not known,

then notice to the air pollution control officer shall be required and a permit

may be required depending on the amount of asbestos material involved;

(c) Equipment used for agriculture operations in the growing of crops, or raising

of fowl or animals; or

(d) Repairs or maintenance not involving structural changes to any equipment for

which a permit has been granted. As used in this section, maintenance does

not include operation.

(9) The air pollution control board shall not, by regulation, order, or other legally

enforceable means, require reductions in the emissions of oxides of nitrogen beyond

those that are necessary to meet the provisions of the Federal Clean Air Act of

1963, as amended by the Clean Air Act Amendments of 1990, or regulations or

other requirements of the United States Environmental Protection Agency,

including, but not limited to, the requirements of Title I and Title IV of the federal

act, the requirements for reasonably available control technology, and reductions

that are submitted for inclusion in the Kentucky state implementation plan for

attainment of maintenance of a national ambient air quality standard. This

subsection shall not prohibit the air pollution control board from requiring, by

regulation, order, or other enforceable means, a reduction in the emission of any

other air contaminant that might have the incidental effect of reducing emissions of

oxides of nitrogen.