1 ENERGYAND ENVIRONMENT CABINET 2 Departmentfor Environmental Protection 3 Division forAirQuality 4 (Amendment) 5 401 KAR 51:001. Definitionsfor401 KAR Chapter51. 

### FILED\fi{JTH LAC 

### TIME: 

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## JUN 1 42012**~l-~** REGULATIONS COMPILER

6 RELATES TO: KRS 48.010(15)(a), 224.01-010, 224.20-100, 224.20-110, 224.20- 7 120, 40 C.F.R. Chapter I, 50 Appendices A-R, 51.100, 51.121, 51.165, 51.166, 51 8 Appendix S, 52.920, 53, 60, 60 Appendices

### A, B, 61, 61 Appendix B, 63 Appendices A9 D, 70.2, 75, 82, 96, 42 U.S.C. 7401-7671q 10 STATUTORYAUTHORITY: KRS 224.10-100(5) 11 NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100(5) requires the 12 cabinet to promulgate administrative regulations for the prevention, abatement, and 13 control ofair pollution. This administrative regulation definestheterms used in 401 KAR 14 Chapter 51. The definitions contained in this administrative regulation are not [neither] 15 more stringent [norotherwise different]than the corresponding federal definitions. 16 Section 1. Definitions. The definitions with citations to the Code of Federal 17 Regulations shall be governed by 40 C.F.R. Parts 50 through 96[, effective July 1, 18**~].** 19 (1) "Acid rain emissions limitation" means a limitation on emissions of S02 or NOx 20 imposed bytheAcid Rain Program under42 U.S.C. 7651 to 7651o. 21 (2) "Actual emissions":

11 (a) Means the actual rate of emissions of a regulated NSR pollutant from an 2 emissions unitas determined according to the following: 3 1. Actual emissions as ofa particulardate equals the average rate, in tons peryear, 4 at which the unit actually emitted the pollutant during a consecutive twenty-four (24) 5 month period, that precedesthat date and is representative ofnormal source operation, 6 unless adifferenttime period is more representative ofnormal source operation; and 7 2. The unit's actual operating hours, production rates, and types of materials 8 processed, stored, or combusted during the selected time periods are used to calculate 9 actual emissions; 10 (b) Means source-specific allowable emissions for the unit are equivalent to actual 11 emissions ofthe unit ifthe cabinet has made an equivalency determination pursuant to 12 40 C.F.R. 51.166; 13 (c) Means, for an emissions unit that has not begun normal operations on a 14 particulardate, the potentialto emitofthe uniton thatdate; and 15 (d) Does not mean: 16 1. Calculating ifasignificantemissions increase has occurred; or 17 2. Establishing a PAL under401 KAR 51:017, Section 20. 18 (3) "Actuals PAL" or "PAL" means a plant-wide applicability limit established for a 19 majorstationary source based on the baseline actual emissions ofall emissions units at 20 the sourcethatemitor havethe potentialto emitthe PAL pollutant. 21 (4) "Adverse impact on visibility" is defined by40 C.F.R. 51.301. 22 (5) "Affected facility" means an apparatus, building, operation, road, or other entity 23 or series of entities that emits or may emit an air contaminant into the outdoor



### 21 atmosphere. 2 (6) "Aircontaminant" is defined by KRS 224.01-010(1). 3 (7) "Air pollutant" means aircontaminant. 4 (8) "Air pollution" is defined by KRS 224.01-010(3). 5 (9) "Air pollution control equipment" means a mechanism, device, or contrivance 6 used to control or prevent air pollution, that is not, aside from air pollution control laws 7 and administrative regulations, vital to production ofthe normal product ofthe source or 8 to its normal operation. 9 (10) "Allocate" or "allocation" means the number of NOx allowances to be credited 10 to a NOx budget unit. 11 (11) "Allocation period" means each three (3) year period beginning May 1, 2004. 12 (12) "Allowable emissions" means: 13 (a) The emissions rate of a stationary source calculated using the maximum rated 14 capacity of the source, unless the source is subject to federally enforceable limits that 15 restrict the operating rate, hours of operation, or both, and the most stringent of the 16 following: 17 1. The applicable standards codified in 40 C.F.R. Parts 60 and 61; 18 2. The applicable SIP emissions limitations, including thosewith afuture compliance 19 date; or 20 3. The emissions rates specified as a federally enforceable permit condition, 21 includingthosewith afuture compliance date; or 22 (b) For an actuals PAL, the emissions rate of a stationary source calculated 

### 23 considering any emission limitations that are enforceable as a practical matter on the



### 31 emissions unit's potential to emit, and the most stringent provision of paragraph (a)1. 2 through 3. ofthis subsection. 3 (13) "Alteration" means: 4 (a) The installation or replacement ofair pollution control equipment at asource; or 5 (b) A physical change in or change in the method ofoperation of an affected facility 6 that increases the potential to emit a pollutant, to which a standard applies, emitted by 7 the facility orthat results in the emission ofan air pollutant, to which astandard applies, 8 not previouslyemitted. 9 (14) "Alternative method" is defined by 40 C.F.R. 60.2. For purposes of this 10 definition, "administrator" means both the U.S. EPA and the cabinet. 11 (15) "Ambient air" means that portion of the atmosphere, external to buildings, to 12 which the general public has access. 13 (16) "Ambient air quality standard" means a numerical expression of a specified 14 concentration level for a particular air contaminant and the time averaging interval over 15 which that concentration level**i~** measured and is

# agoal to be achieved in astated time 16 through the application ofappropriate preventive orcontrol measures. 17 (17) "ANSI" meansAmerican National Standards Institute. 18 (18) "AOAC" meansAssociation ofOfficial Analytical Chemists. 19 (19) "ASTM" meansAmerican SocietyforTesting and Materials. 20 (20) "Baseline actual emissions" means the rate ofemissions, in tons peryear, ofa 21 regulated NSR pollutant, that: 22 (a) For an existing electric utility steam generating unit (EUSGU), the unit actually 23 emitted during any consecutive twenty-four (24) month period selected by the owner or



### 41 operator within the five (5) year period immediately preceding the date the owner or 2 operator begins actual construction of the project, unless a different twenty-four (24) 3 month time period is more representative ofnormal source operation. 4 1. The rate is an averagethat: 5 a. Includes fugitive emissions, to the extent quantifiable, and emissions associated 6 with startups, shutdowns, and malfunctions; 7 b. Is adjusted downward to exclude any noncompliantemissionsthat occurred while 8 the source was operating above an emission limitation that was legally enforceable 9 during the consecutive twenty-four (24) month period; and 10 c. Is based on any consecutive twenty-four (24) month period for which there is 11 adequate information for determining annual emissions, in tons per year, and for 12 adjusting this amountas necessaryaccording to clause b. ofthis subparagraph; and 13 2. Ifa project involves multiple emissions units, only one (1) consecutive twenty-four 14 (24) month period is used to determine the baseline actual emissions for the emissions 15 units being changed with a different consecutive twenty-four (24) month period allowed 16 for each regulated NSR pollutant; 17 (b) For an existing emissions unit that is not an EUSGU, the unit actually emitted 18 during any consecutive twenty-four (24) month period selected bythe owneroroperator 19 within the ten (10) year period beginning on or after November 15, 1990, and 20 immediately preceding the earlier of the date the owner or operator begins actual 21 construction ofthe project or the date a complete permit application is received by the 22 cabinetfor apermit required under401 KAR 51:017 or51:052. 23 1. The rate is an averagethat:



### 51 a. Includes fugitive emissions, to the extent quantifiable, and emissions associated 2 with startups, shutdowns, and malfunctions; 3 b. Is adjusted downward: 4 (i) To exclude any noncompliant emissions that occurred while the source was 5 operating above an emission limitation that was legally enforceable during the 6 consecutivetwenty-four (24) month period; 7 (ii) To exclude any emissions that would have exceeded an emission limitation with 8 which the majorstationarysource is required currentlyto comply, ifthe source had been 9 required to comply with the limitations during the consecutive twenty-four (24) month 10 period; and 11 (iii) For an emission limitation that is part of a maximum achievable control 12 technology standard proposed or promulgated under 40 C.F.R. Part 63, only if the 13 Commonwealth of Kentucky has taken credit for the emissions reductions in an 14 attainment demonstration or maintenance plan consistent with 40 C.F.R. 15 51.165(a)(3)(ii)(G); and 16 c. Is based on any consecutive twenty-four (24) month period for which there is 17 adequate information for determining annual emissions, in tons per year, and for 18 adjustingthis amountas necessaryaccording to clause b. ofthis subparagraph. 19 2. Ifa project involves multiple emissions units, only one (1) consecutivetwenty-four 20 (24) month period is used for each regulated NSR pollutant to determine the baseline 21 actual emissions for the emissions units being changed with a different consecutive 22 twenty-four (24) month period; 23 (c) For a new emissions unit, equals zero for determining the emissions increase



### 61 thatwill result from the initial construction and operation ofthe new unit and thereafter, 2 forall other purposes, equalsthe unit's potentialto emit; or 3 (d) Fora PALfor astationarysource, is determined as follows: 4 1. For an existing EUSGU, in accordance with the procedures contained in 5 paragraph (a) ofthis subsection; 6 2. For other existing emissions units, in accordance with the procedures contained 7 in paragraph (b) ofthis subsection; and 8 3. For a new emissions unit, in accordance with the procedures contained in 9 paragraph (c) ofthis subsection. 10 (21) "Baseline area" means an intrastate area and every part of that area 11 designated as attainment or unclassifiable pursuantto 42 U.S.C. 7407(d)(1)(A)(ii) or (iii) 12 in which the major source or major modification establishing the minor source baseline 13 datewould constructorwould have an airquality impactequal to orgreaterthan one (1) 14 jJg/m3 annual average of the pollutant for which the minor source baseline date is 15 established for S02, N02, or PM1o or0.3 ug/m3 annual averagefor PM2

.5. 16 (a) Area redesignations under42 U.S.C. 7407(d)(1)(A)(ii) or (iii) do not intersect and 17 are not smaller than the area of impact of a major stationary source or major 18 modification that: 19 1. Establishes a minorsource baseline date; or 20 2. Is subjectto 401 KAR 51:017 and would be constructed in the Commonwealth of 21 Kentucky. 22 (b) A baseline area established originally for total suspended particulate (TSP) 23 increments remains in effect to determine the amount of available PM10 increments,

71 unlessthe cabinet rescinds the corresponding minorsource baseline date. 2 (22) "Baseline concentration" means the ambient concentration level that exists in 3 the baseline area on the datethe applicable minorsource baseline date is established. 4 (23) "Baseline date" means major source baseline date or minor source baseline 5 date and is established for each pollutant for which increments or other equivalent 6 measures have been established if the area in which the proposed source or 7 modification would construct is designated as attainment or unclassifiable pursuant to 8 42 U.S.C. 7407(d)(1)(A)(ii) or (iii) for the pollutant on the date ofthe source's complete 9 application; and 10 (a) For a major stationary source, the pollutant would be emitted in significant 11 amounts; or 12 (b) For a major modification, there would be a significant net emissions increase of 13 the pollutant. 14 (24) "Begin actual construction" means: 15 (a) Initiation of physical on-site construction activities on an emissions unit that are 16 of a permanent nature and include installation of building supports and foundations,

. 17 laying underground pipework, and construction ofpermanentstorage structures; and 18 (b) For a change in method of operations, those on-site activities, other than the 19 preparatory activities, that markthe initiation ofthe change. 20 (25) "Best available control technology" or "BACT" means an emissions limitation, 21 including a visible emission standard, based on the maximum degree of reduction for 22 each regulated NSR pollutant that will be emitted from a proposed major stationary 23 source ormajor modification and:



### 81 (a) Is determined bythe cabinet pursuantto 401 KAR 51:017, Section 8, aftertaking 2 into account energy, environmental, and economic impacts and other costs, to be 3 achievable by the source or modification through application of production processes or 4 available methods, systems, and techniques, including fuel cleaning or treatment or 5 innovativefuel combustion techniquesforcontrol ofthat pollutant; 6 (b) Does not result in emissions of a pollutant that would exceed the emissions 7 allowed by an applicable standard codified in 40 C.F.R. Parts 60 and 61; and 8 (c) Is satisfied by a design, equipment, work practice, or operational standard or 9 combination ofstandards approved bythe cabinet, if: 10 1. The cabinet determines pursuantto 40 C.F.R. 51.166(b)(12) thattechnological or 11 economic limitations on the application of measurement methodology to a particular 12 emissions unitwould makethe imposition·ofan emissions standard infeasible; 13 2. The standard establishes the emissions reduction achievable by implementation 14 ofthe design, equipment, work practice, oroperation; and 15 3. The standard provides for compliance by meansthatachieve equivalent results. 16 (26) "BOD" means biochemical oxidantdemand. 17 (27) "Boiler" means an enclosed fossil or otherfuel-fired combustion device used to 18 produce heatand to transfer heatto recirculating water, steam, orother medium. 19 (28) "BTU" means British thermal unit. 20 (29) "Building, structure, facility, or installation" means all of the pollutant emitting 21 activitiesthat: 22 (a) Belong to the same industrial grouping or have the same two (2) digit major 23 group code as described in the Standard Industrial Classification Manual;



### 91 (b) Are located on one (1) or more contiguous oradjacent properties; 2 (c) Are underthe control ofthe same person or persons undercommon control; and 3 (d) Do not includethe activities ofavessel. 4 (30) "C" means degree Celsius (centigrade). 5 (31) "Cabinet" is defined by KRS 224.01-010(9). 6 (32) "Cal" means calorie. 7 (33) "Capital expenditure" is defined by40 C.F.R. 60.2. 8 (34) "cfm" means cubicfeet per minute. 9 (35) "CH/ means methane. 10 (36) "Clean coal technology" is defined by40 C.F.R. 51.166(b)(33). 11 (37) "Clean coal technology demonstration project" is defined by 40 C.F.R. 12 51.166(b)(34). 13 (38) "Clinker" means the product of a portland cement kiln from which finished 14 cement is manufactured by milling and grinding. 15 (39) "CO" means carbon monoxide. 16 (40) "C02"means carbon dioxide. 17 (41) "COD" means chemical oxidantdemand. 18 (42)"Combined cycle system" means a system comprised of one (1) or more 19 combustion turbines, heat recovery steam generators, or steam turbines configured to 20 improve overall efficiencyofelectricitygeneration orsteam production. 21 (43) "Combustion turbine" means an enclosed fossil orotherfuel-fired device that is 22 comprised of a compressor, a combustor, and a turbine, and in which the flue gas 23 resulting from the combustion of fuel in the combustor passes through the turbine,

101 rotating the turbine. 2 ( 44) "Commence" meansthat an owneroroperator: 3 (a) Has undertaken a continuous program of construction, modification, or 4 reconstruction of an affected facility, or that an owner or operator has entered into a 5 contractual obligation to undertake and complete, within a reasonable time, a 6 continuous program of construction, modification, or reconstruction of an affected 7 facility; or 8 (b) For construction ofamajorstationary source or major modification in the PSD or 9 NSR program, has all necessary preconstruction approvals or permits, and: 10 1. Has begun, or caused to begin, a continuous program of actual on-site 11 construction ofthe source, to be completed within a reasonabletime; or 12 2. Has entered into binding agreements or contractual obligations, that cannot be 13 cancelled or modified without substantial loss to the owner or operator, to undertake a 14 program ofactual construction ofthe sourceto be completed within a reasonabletime. 15 (45) "Commence commercial operation" means to have begun to produce steam, 16 gas, or other heated medium used to generate electricity for sale or use. Except as 17 provided in 401 KAR 51:195 or40 C.F.R. 96.5: 18 (a) For a unit that is a NOx budget unit under 40 C.F.R. 96.4, on the date the unit 19 commences commercial operation, the date remains the unit's date of commencement 20 of commercial operation even if the unit is subsequently modified, reconstructed, or 21 repowered; or 22 (b) For a unit that is not a NOx budget unit under 40 C.F.R. 96.4, on the date the 23 unit commences commercial operation, the date the unit becomes a NOx budget unit

111 under40 C.F.R. 96.4 is the unit's date ofcommencementofcommercial operation. 2 (46) "Commence operation" means, for a NOx budget unit, to have begun a 3 mechanical, chemical, or electronic process, including start-up of a unit's combustion 4 chamber. Exceptas provided in 401 KAR 51:195 or40 C.F.R. 96.5: 5 (a) For a unit that is a NOx budget unit under 40 C.F.R. 96.4 on the date of 6 commencement of operation, the date remains the unit's date of commencement of 7 operation even ifthe unit is subsequently modified, reconstructed, or repowered; or 8 (b) For a unit that is not a NOx budget unit under 40 C.F.R. 96.4 on the date of 9 commencement of operation, the date the unit becomes a NOx budget unit under 40 10 C.F.R. 96.4 is the unit's date ofcommencementofoperation. 11 (47) "Complete" is defined by40 C.F.R. 51.166(b)(22). 12 (48) "Compliance schedule" means atime schedule of remedial measures including 13 an enforceable sequence ofactions oroperations leading to compliance with a limitation 14 orstandard. 15 (49) "Compliance supplement pool" meansthe quantityof NOx allowances provided 16 to Kentucky bythe U.S. EPAto be: 17 (a) Allocated to NOx budget unitsthatachieve early reduction; or 18 (b) Used to assist NOx budget sources that are unable to meet the compliance 19 deadline as provioed in 401 KAR 51:180, Section 5. 20 (50) "Construction" means: 21 (a) Fabrication, erection, installation, or modification ofan aircontaminantsource; or 22 (b) For the NSR program, any physical change or change in the method of 23 operation, including fabrication, erection, installation, demolition, or modification of an

121 emissions unit that would result in a change in the emissions at an air contaminant 2 source. 3 (51) "Continuous emissions monitoring system" or "GEMS" means all of the 4 equipment necessary to meet the data acquisition and availability requirements of401 5 

### KAR 51:017 or 51:052 to sample, condition (if applicable), analyze, and provide a 6 record ofemissions on acontinuous basis. 7 (52) "Continuous emission monitoring system for NOx" or "GEMS for NOx" means 8 the equipment required to sample, analyze, measure, and provide, by readings taken at 9 least once every fifteen (15) minutes ofthe measured parameters, a permanent record 10 of NOx emissions, expressed in tons per hour for NOx. The following systems are 11 necessary component parts, as required by40 C.F.R. Part 75, included in a continuous 12 emissions monitoring system: 13 (a) Flow monitor; 14 (b) NOx pollutantconcentration monitor; 15 (c) Diluentgas monitor (02orC02); 16 (d) Continuous moisture monitor; and 17 (e) Automated data acquisition and handling system. 18 (53) "Continuous emissions rate monitoring system" or "GERMS" is defined by 40 19 C.F.R. 51.166(b)(46). 20 (54) "Continuous monitoring system" means the total equipment, required underthe 21 applicable administrative regulations in 401 

### KAR Chapters 50 to 65, used to sample, to 22 condition (if applicable), to analyze, and to provide a permanent record ofemissions or 23 process parameters.

131 (55) "Continuous parameter monitoring systemn or 11CPMS11 is defined by: 2 (a) 40 C.F.R. 51.166(b)(45)for401 KAR 51 :017; or 3 (b) 40 C.F.R. 51.165(a)(1)(xxxiii)for401 KAR 51:052. 4 (56) "Control periodn means the period beginning May 1 of a year and ending on 5 September30 ofthe sameyear, inclusive. 6 (57) 11Directorn means Director ofthe Division for Air Quality of the Energy and 7 EnvironmentCabinet. 8 (58) 11Districtn is defined by KRS 224.01-010(11). 9 (59) 11dscf' means drycubicfeet at standard conditions. 10 (60) 11dscmn means drycubic meterat standard conditions. 11 (61) 11Eiectric generating unitn means, for 401 KAR 51:160 to 51:195, a fossil fuel12 fired boiler, combustion turbine, or a combined cycle system used to generate twenty13 five (25) megawatts or more ofelectricity, some ofwhich is offered for sale. 14 (62) 11Eiectric utility steam generating unit11 or 11EUSGU 11 is defined by 40 C.F.R. 15 51.166(b)(30). 16 (63) 11Emission standardn means that numerical limit thatfixes the amount of an air 17 contaminant or air contaminants that may be vented into the atmosphere from an 18 affected facility orfrom airpollution control equipment installed in an affected facility. 19 (64) 11Emissions unitn means any part of a stationary source, including an EUSGU, 20 that emits or has the potential to emit a regulated NSR pollutant. For 401 KAR 51:017 21 and 51:052, there are two (2) types ofemissions units: 22 (a) A new emissions unit, which is any emissions unit that is or will be newly 23 constructed and that has existed for less than two (2) years from the date the unitfirst

141 operated; and 2 (b) An existing emissions unit, which is any emissions unit that does not meet the 3 requirements in paragraph (a) ofthis subsection or is a replacement unit. 4 (65) "Enforceable as a practical matter" means thatthe emission or other standards 5 contained in apermit orcompliance schedule include: 6 (a) Technically accurate emission standards and the portions ofthe source that are 7 subjectto the standards; 8 (b) Atime period adequateto demonstrate compliancewith the standards; and 9 (c) The method the source shall use to achieve and demonstrate compliance with 10 the limitations and standards, including appropriate monitoring, recordkeeping, and 11 reporting. 12 (66) "Equivalent method" means a method of sampling and analyzing for an air 13 pollutant that has been demonstrated to the cabinet and the U.S. EPA pursuant to 40 14 C.F.R. 53.3 to have a consistent and quantitatively known relationship to the reference 15 method, underspecified conditions. 16 (67) "Excess NOx emissions" means any tonnage of nitrogen oxides emitted by a 17 NOx budget unit during a control period that exceeds the NOx budget emissions 18 limitationforthe unit. 19 (68) "Exempt compound" or "exempt solvent" means an organic compound listed in 20 the definition of volatile organic compound as not participating in atmospheric 21 photochemical reactions. 22 (69) "Existing source" means asourcethat is nota newsource. 23 (70) "Extreme nonattainment county" or "extreme nonattainment area" means a

151 county or portion of a county designated extreme nonattainment for the national 2 ambient airqualitystandard for ozone. 3 (71) "°F" means degree Fahrenheit. 4 (72) "Federal land manager" is defined by40 C.F.R. 51.166(b)(24). 5 (73) "Federally enforceable" means all limitations and conditions that are 6 enforceable bythe U.S. EPA, including: 7 (a) Requirements developed under40 C.F.R. Parts 60 and 61; 8 (b) Requirements in the Kentucky State Implementation Plan (SIP) approved by the 9 U.S. EPA; and 10 (c) Any permit requirements established under 40 C.F.R. 52.21 or under the 11 Kentucky SIP approved pursuant to 40 C.F.R. Part 51, Subpart I, including operating 12 permits issued under a U.S. EPA-approved program incorporated into the SIP, that 13 expressly requires adherenceto a permit issued underthe program. 14 (74) "Federally enforceable permit" means a permit issued under 401 KAR 52:020 15 or 52:030, as appropriate. 16 (75) "Fixed capital cost" means the capital needed to provide all the depreciable 17 components. 18 (76) "Fossil fuel" means natural gas; petroleum; coal; or a form of solid, liquid, or 19 gaseousfuel derived from natural gas, petroleum, orcoal. 20 (77) "Fossilfuel fired" means, for aunit: 21 (a) The combustion of fossil fuel, alone or in combination with another fuel, if the 22 fossil fuel combusted comprises more than fifty (50) percent ofthe annual heat input on 23 a BTU basis during a year starting in 1995 or, if a unit had no heat input starting in

161 ·1995, duringthe lastyearofoperation ofthe unit priorto 1995; or 2 (b) The combustion of fossil fuel, alone or in combination with another fuel, if the 3 fossil fuel is projected to comprise more than fifty (50) percent ofthe annual heat input 4 on a BTU basis during ayear, and the unit is to be fossil fuel fired as ofthe date during 5 the yearthe unit begins combusting fossil fuel. 6 (78) "ft" meansfeetorfoot. 7 (79) "Fuel" means natural gas; petroleum; coal; wood; or a form ofsolid, liquid, or 8 gaseousfuel derived from these materialsforthe purpose ofcreating useful heat. 9 (80) "Fugitive emissions" means those emissions that could not reasonably pass 10 through astack, chimney, vent, orotherfunctionally equivalentopening. 11 (81) "g" means gram. 12 (82) "gal" means gallon. 13 (83) "Generalfund" is defined by KRS 48.010(15)(a). 14 (84) "Generator" means adevicethat produces electricity. 15 (85) "gr" means grain. 16 (86) "HCI" means hydrochloric acid. 17 (87) "Heat input" means the product, in MMBTU per unit of time, of the gross 18 calorificvalue ofthe fuel, in BTU per lb, and the fuel feed rate into acombustion device, 19 in mass offuel per unitoftime, that: 20 (a) Does not include the heat derived from preheated combustion air, recirculated 21 flue gases, orexhaustfrom othersources; and 22 (b) Is measured, recorded, and reported to the cabinet. 23 (88) "HF" means hydrogen fluoride.

171 (89) "Hg" means mercury. 2 (90) "High terrain" is defined by40 C.F.R. 51.166(b)(25). 3 (91) ''hr" means hour. 4 (92) "Hydrocarbon" means an organic compound consisting predominantly of 5 carbon and hydrogen. 6 (93) "Hydrocarbon combustion flare" means: 7 (a) A flare used to comply with an applicable New Source Performance Standard 8 (NSPS) or Maximum Achievable Control Technology (MACT) standard, including uses 9 offlares during startup, shutdown, or malfunction permitted underthe standard; or 10 (b) A flare that serves to control emissions of waste streams comprised 11 predominately of hydrocarbons and containing no more than 230 !Jg/dscm hydrogen 12 sulfide. 13 (94) "H20" meanswater. 14 (95) "H2S" means hydrogen sulfide. 15 (96) "H2S04" means sulfuric acid. 16 (97) "in" means inch. 17 (98) "Incineration" meansthe process ofigniting and burning solid, semisolid, liquid, 18 orgaseous combustiblewastes. 19 (99) "Industrial boiler orturbine" means afossil fuel-fired boiler, combustion turbine, 20 or a combined cycle system having a maximum design heat input of 250 MMBTU per 21 houror morethat is notan electricgenerating unit. 22 (100) "Innovative control technology" is defined by40 C.F.R. 51.166(b)(19). 23 (101) "Intermittent emissions" means emissions of particulate matter into the open

181 airfrom aprocess thatoperatesfor less than anysix (6) consecutive minutes. 2 (102) "J" meansjoule. 3 (103) "Kg" means kilogram. 4 ( 1 04) "I" means liter. 5 (105) "lb" means pound. 6 (106) "Legally enforceable" means the cabinet orthe U.S. EPA has the authorityto 7 enforce acertain restriction. 8 (107) "Long dry kiln" means a kiln that employs no preheating ofthe feed and has a 9 dry inletfeed. 10 (108) "Long wet kiln" means a kiln that employs no preheating ofthe feed and the 11 inletfeed to the kiln is aslurry. 12 (109) "Lowterrain" means an area otherthan high terrain. 13 (110) "Lowestachievable emissions rate" or "LAER" means, foranysource: 14 (a)1. The most stringent emissions limitation that is contained in the Kentucky SIP 15 for the class or category of stationary source, unless the owner or operator of the 16 proposed stationarysource demonstratesthatthe limitation is notachievable; or 17 2. The most stringent emissions limitation achieved in practice by the class or 18 categoryofstationarysource; 19 (b) For a major modification, the lowest achievable emissions rate for the new or 20 modified emissions units atthe stationarysource; and 21 (c) An emissions limitation that does not exceed the allowable emissions of an 22 applicable standard established pursuantto 40 C.F.R. Parts 60, 61, or63. 23 (111) "m" means meter.

191 (112) "m3" means cubic meter. 2 (113) "Majoremissions unit" means: 3 (a) Any emissions unit that emits or has the potential to emit 100 tons per year or 4 more ofa PAL pollutant in an attainment area; or 5 (b) Any emissions unit that emits or has the potential toemit a PAL pollutant in an 6 amountthat is equal to orgreaterthan the majorsourcethreshold forthe PAL pollutant 7 as defined bythe Clean AirAct, 42 U.S.C. 7401

- 7671q for nonattainmentareas. 8 (114) "Major modification" means a physical change in ora change in the method of 9 operation of a major stationary source that results in a significant emissions increase 10 and asignificant netemissions increase ofa regulated NSR pollutant. 11 (a) A significant emissions increase from any emissions units or net emissions 12 increase at a major stationary source that is significant for volatile organic compounds 13 or nitrogen oxides is considered significantfor ozone. 14 (b) A physical change orchange in the method ofoperation does not include: 15 1. Routine maintenance, repair, and replacement; 16 2. Use of alternative fuel or raw material by reason of an order or a natural gas 17 curtailment plan in effect underafederal act; 18 3. Use ofan alternative fuel at a steam generating unit to the extent that the fuel is 19 generatedfrom municipal solid waste; 20 4. Use ofan alternativefuel or raw material byastationarysourcethat: 21 a. The source was capable ofaccommodating before January 6, 1975, for401 KAR 22 51:017, or December 21, 1976, for 401 KAR 51:052; unless the change would be 23 prohibited by afederally enforceable permitcondition thatwas established afterJanuary

201 6, 1975, for 401 KAR 51:017, or December 21, 1976, for 401 KAR 51:052, pursuant to 2 40 C.F.R. 51.165 or51.166; or 3 b. The source is approved to use by a permit issued pursuantto 401 KAR 51:017 or 4 51:052; 5 5. An increase in the hours ofoperation or in the production rate, unlessthe change 6 is prohibited by any federally enforceable permit condition established after January 6, 7 1975, for 401 KAR 51:017 or December 21, 1976, for 401 KAR 51:052 pursuant to 40 8 C.F.R. 52.21; after June 6, 1979, pursuant to 401 KAR 51:015; after September 22, 9 1982, pursuantto 401 KAR 51:017; or pursuantto 401 KAR 52:020 and 51:016E; 10 6. Achange in ownership at astationarysource; 11 7. The installation, operation, cessation, or removal of a temporary clean coal 12 technology demonstration project, if the project complies with the Kentucky SIP and 13 other requirements necessary to attain and maintain the national ambient air quality 14 standards during the projectand after it isterminated; 15 8. The installation or operation ofa permanent clean coal technology demonstration 16 project that constitutes repowering, ifthe project does not result in an increase in the 17 potential to emit of a regulated pollutant emitted by the unit, on a pollutant-by-pollutant 18 basis; or 19 9. The reactivation ofavery clean coal-fired electric utilitysteam generating unit. 20 (c) Instead ofthis definition, the definitionfor "PAL majormodification", in subsection 21 (175) of this section, is used for a particular regulated NSR pollutant, if the major 22 stationary source is complying with the requirements of 401 KAR 51:017, Section 20, 23 and 401 KAR 51:052, Section 11, fora PALforthat pollutant.

211 (115)"Major NSR permit" means a permit issued under Kentucky's PSD or NSR 2 program. 3 (116) "Major source" means a source with a potential emission rate equal to or 4 greater than 100 tons per year of any one (1) of the following pollutants: particulate 5 matter, sulfur oxides, nitrogen oxides, volatile organic compounds, carbon monoxide, or 6 ODS. 7 (117) "Majorsource baselinedate" means: 8 (a) For PM10 [particulate matter] and sulfurdioxide, January6, 1975; [aM] 9 (b) For nitrogen dioxide, February 8, 1988; and 10 (c) For PM2.5, October20, 2010. 11 (118) "Majorstationarysource" means: 12 (a)1. A stationary source ofair pollutants thatemits, or has the potential to emit, 100 13 tons peryearormore ofa regulated NSR pollutant, exceptthat: 14 a. For ozone nonattainment areas: 100 tons per year of more of volatile organic 15 compounds or nitrogen oxides in a marginal or moderate ozone nonattainment area; 16 fifty (50) tons per year or more ofvolatile organic compounds or nitrogen oxides in a 17 serious ozone nonattainment area; twenty-five (25) tons per year or more of volatile 18 organic compounds or nitrogen oxides in a severe ozone nonattainment area; or ten 19 (10) tons per year or more of volatile organic compounds or nitrogen oxides in an 20 extreme ozone nonattainmentarea; 21 b. Fifty (50) tons peryearor more ofcarbon monoxide in aserious carbon monoxide 22 nonattainment area where stationary sources contribute significantly to carbon 23 monoxide levels; and

221 c. Seventy (70) tons peryear or more ofparticulate matter (PM 10) in aserious PM10 2 nonattainmentarea; or 3 2.a. For the PSD program, any ofthe following stationary sources of air pollutants 4 that emits, or has the potential to emit, 100 tons per year or more of a regulated NSR 5 pollutant: fossil fuel-fired steam electric plants of more than 250 million BTU per hour 6 heat input, coal cleaning plants with thermal dryers, kraft pulp mills, Portland cement 7 plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction 8 plants, primary copper smelters, municipal incinerators capable of charging more than 9 250 tons of refuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum 10 refineries, lime plants, phosphate rock processing plants, coke oven batteries, sulfur 11 recovery plants, carbon black plants (furnace process), primary lead smelters, fuel 12 conversion plants, sintering plants, secondary metal production plants, chemical 13 process plants, except ethanol production facilities producing ethanol by natural 14 fermentation under the North American Industry Classification System (NAICS) codes 15 325193 or 312140, fossil fuel boilers, or combination offossil fuel boilers, totaling more 16 than 250 million BTU per hour heat input, petroleum storage and transfer units with a 17 total storage capacity exceeding 300,000 barrels, taconite ore processing plants, glass 18 fiber processing plants, and charcoal production plants; and 19 b. Regardless of the stationary source size specified in clause a. [subclause (i)] of 20 this subparagraph [clause], a stationary source that emits, or has the potential to emit, 21 250tons peryearormore ofa regulated NSR pollutant; or 22 3. Any physical change thatwill occur at astationary source nototherwise qualifying 23 underthis subsection as a majorstationary source, ifthe change will constitute a major

231 stationarysource by itself; 2 (b) A source that is major for volatile organic compounds or nitrogen oxides is 3 considered majorforozone; and 4 (c) Fugitive emissions are included only if the source belongs to one (1) of the 5 following categories ofstationarysources: 6 1. Coal cleaning plantswith thermal dryers; 7 2. Kraft pulp mills; 8 3. Portland cement plants; 9 4. Primaryzinc smelters; 10 5. Iron and steel mills; 11 6. Primary aluminum ore reduction plants; 12 7. Primary coppersmelters; 13 8. Municipal incinerators capable ofcharging morethan 250 tons ofrefuse perday; 14 9. Hydrofluoric, sulfuric, or nitricacid plants; 15 10. Petroleum refineries; 16 11. Lime plants; 17 12. Phosphate rock processing plants; 18 13. Coke oven batteries; 19 14. Sulfur recovery plants; 20 15. Carbon black plants (furnace process); 21 16. Primary lead smelters; 22 17. Fuel conversion plants; 23 18. Sintering plants;



### 241 19. Secondary metal production plants; 2 20. Chemical process plants, except ethanol production facilities producing ethanol 3 by naturalfermentation under NAICS codes 325193 or312140; 4 21. Fossil-fuel boilers, or combination offossil-fuel boilers, totaling more than 250 5 million BTUs per hourheat input; 6 22. Petroleum storage and transfer units with a total storage capacity exceeding 7 300,000 barrels; 8 23. Taconite ore processing plants; 9 24. Glassfiber processing plants; 10 25. Charcoal production plants; 11 26. Fossil fuel-fired steam electric plants of more than 250 million BTUs per hour 12 heat input; or 13 27. Anotherstationarysource categorythat, as ofAugust7, 1980, is being regulated 14 under42 U.S.C. 7411 or7412. 15 (119) "Malfunction" means a sudden and infrequent failure of air pollution control 16 equipment, process equipment, or a process to operate in a normal or usual manner 17 that is not caused entirely or in part by poor maintenance, careless operation, or other 18 upsetcondition orequipment breakdown that is reasonably preventable. 19 (120) "Mandatory Class I area" means an area identified in 40 C.F.R. Part 81, 20 Subpart D, ifthe administratorofthe U.S. EPA, in consultation with the Secretary ofthe 21 U.S. Departmentof Interior, has determined visibilityto be an importantvalue. 22 (121) "Marginal nonattainment county" or "marginal nonattainment area" means a 23 county or portion of a county designated marginal nonattainment for the national

251 ambientairqualitystandard forozone. 2 (122) "Maximum design heat input" means the ability of a unit to combust a stated 3 maximum amount of fuel per hour on a steady state basis, as determined by the 4 physical design and physical characteristics ofthe unit. 5 (123) "Maximum potential hourly heat input" means an hourly heat input used for 6 reporting purposes ifa unit lacks certified monitorsto report heat input and is: 7 (a) A value calculated according to 40 C.F.R. Part 75 using the maximum fuel flow 8 rate and the maximum gross calorificvalue, ifthe unit intendsto use 40 C.F.R. Part 75, 9 Appendix D, to report heat input; or 10 (b) A value reported according to 40 C.F.R. Part 75 using the maximum potential 11 flow rate and either the maximum percent C02concentration (in percent C02 ) or the 12 minimum percent 02, if the unit intends to use a flow monitor and a diluents gas 13 monitor. 14 (124) "Maximum potential NOx emission rate" meansthe emission rate of NOx (in lb 15 per MMBTU) calculated according to 40 C.F.R. Part 75, Appendix F, Section 3, using 16 the maximum potential NOx concentration as defined in 40 C.F.R. Part 75, AppendixA, 17 Section 2, and the maximum percent 02 or the minimum percent C02 under all 18 operating conditions ofthe unitexceptfor unitstartup, shutdown, and malfunction. 19 (125) "Maximum rated hourly heat input" means a unit specific maximum hourly 20 heat input (MMBTU) that is the higherofthe manufacturer's maximum rated hourly heat 21 inputorthe highestobserved hourly heat input. 22 (126) "IJg" means microgram 23 (127) "mg" means milligram.

261 (128) "Mid-kiln firing" means the secondaryfiring in kilns by injecting solid fuel at an 2 intermediate point in the kiln using a specially designed feed injection mechanism for 3 the purpose ofdecreasing NOxemissionsthrough: 4 (a) Burning part ofthefuel at a lowertemperature; and 5 (b) Reducing-conditions at the solid waste injection point that may destroy some of 6 the NOxformed upstream in the kiln burning zone. 7 (129) "min" means minute. 8 (130) "Minorsource baseline date" means: 9 (a) The earliest date afterthe trigger date on which a major stationary source or a 10 major modification subject to permit requirements established pursuant to 40 C.F.R. 11 52.21 orthe Kentucky SIP submits acomplete application. Thetriggerdate is: 12 1. [For particulate matter and sulfur dioxide, the trigger date is] August 7, 1977, for 13 PM10 and**S02~** 14 _2_.[;and 2. For nitrogen dioxide, the triggerdate is] February 8, 1988, for N02;and 15 3. October20, 2011, for PM2.s; 16 (b) For TSP increments, that the originally established date remains in effect to 17 determine the amount of available PM10 increments, unless the cabinet rescinds the 18 minorsource baseline date pursuantto 40 C.F.R. 51.166(b)(14)(iv); and 19 (c) A date established for each pollutant for which increments or other equivalent 20 measures have been established if: 21 1. The area in which the proposed source or modification will construct is 22 designated as attainment or unclassifiable pursuantto 42 U.S.C. 7407(d)(1)(A)(ii) or (iii) 23 for the pollutant on the date of its complete application pursuant to 401 KAR Chapter

271 52; and 2 2. For a majorstationary source, the pollutantwill be emitted in significant amounts 3 or a significant net emissions increase of the pollutant will occur for a major 4 modification. 5 (131) "MJ" means megajoules. 6 (132) "mm" means millimeter. 7 (133) "MM" means million. 8 (134) "mo" means month. 9 (135) "Moderate nonattainment county" or "moderate nonattainment area" means a 10 county or portion of a county designated moderate nonattainment for the national 11 ambientairqualitystandard for ozone. 12 (136) "Modification" means any physical change in, or a change in the method of 13 operation of, an affected facilitythat: 14 (a) Increases the amount of any air pollutant (to which a standard applies) emitted 15 into the atmosphere by thatfacility orthat results in the emission ofany air pollutant (to 16 which astandard applies) intothe atmosphere not previouslyemitted; and 17 (b) Is not solely: 18 1. Maintenance, repair, and replacement that the cabinet determines to be routine 19 for asource category considering available information; 20 2. An increase in production rate of an affected facility, if that increase can be 21 accomplished withoutacapital expenditure on thatfacility; 22 3. An increase in the hours ofoperation; 23 4. Use ofan alternative fuel or raw material if, priorto the date astandard becomes



### 281 applicable to that source type, the affected facility was designed to accommodate that 2 alternative use. A facility is considered to be designed to accommodate an alternative 3 fuel or raw material if that use could be accomplished under the facility's construction 4 specification as amended priorto the change; 5 5. Conversion to coal required for energy considerations, as specified in 42 U.S.C. 6 7411(a)(8); 7 6. The addition or use of a system or device the primary function ofwhich is the 8 reduction ofair pollutants, unless an emission control system is removed or replaced by 9 asystem thatthe cabinetdeterminesto be less environmentally beneficial; or 10 7. The relocation orchange in ownership ofasource. 11 (137) "Monitoring device" means the total equipment, required by an applicable 12 administrative regulation in 401 KAR Chapters 50 to 65, used to measure and record, if 13 applicable, process parameters. 14 (138) "Monitoring system" means a monitoring system that meets the requirements 15 ofany applicable administrative regulation in 401 KAR Chapters 50 to 65. 16 (139) "MWe" means megawattelectrical. 17 (140) "N2"means nitrogen. 18 (141) "Nameplate capacity" means the maximum electrical generating output (in 19 MWe) that a generator can sustain over a specified period of time if not restricted by 20 seasonal or other deratings as measured with United States Department of Energy 21 standards. 22 (142) "Natural conditions" means those naturally occurring phenomena that reduce 23 visibility as measured in terms ofvisual range, contrast, orcoloration.

291 (143) "Necessary preconstruction approvals or permits" means those permits or 2 approvals required under the administrative regulations approved to the Kentucky SIP 3 pursuant to 40 C.F.R. 52.920, and federal air quality control laws and regulations 4 established pursuantto 42 U.S.C. 7401

- 7671q. 5 (144) "Netemissions increase" means: 6 (a) For any regulated NSR pollutant emitted by a major stationary source, the 7 amount bywhich the sum ofsubparagraphs 1and 2ofthis paragraph exceedszero: 8 1. An increase in emissions from a particular physical change or change in method 9 of operation at a stationary source as calculated pursuant to 401 KAR 51:017, Section 10 1(4), or401 KAR 51:052, Section 1(2); and 11 2. Any other increases and decreases in actual emissions at the major stationary 12 source that are contemporaneous with the particular change and are otherwise 13 creditable. Baseline actual emissionsfor calculating increases and decreases underthis 14 paragraph are determined as defined in this section. 15 (b) An increase or decrease in actual emissions is contemporaneous with the 16 increasefrom the particularchange only if: 17 1. For construction that commences prior to January 6, 2002, the change occurs 18 between the dateten (10) years before construction on the change commences and the 19 datethatthe increase·from the change occurs; and 20 2. For construction that commences on and after January 6, 2002, the change 21 occurs between the date five (5) years before construction on the change commences 22 and the datethatthe increasefrom the change occurs. 23 (c) An increase ordecrease in actual emissions is creditable only if:

301 1. The cabinet orthe U.S. EPA has not relied on the change in issuing a permitfor 2 the source pursuantto 401 KAR 51:017, 51:052, or40 C.F.R. 52.21; and 3 2. The permit is in effect at the time the increase or decrease in actual emissions 4 from the particularchange occurs. 5 (d) An increase ordecrease in actual emissions ofsulfur dioxide, particulate matter, 6 or nitrogen oxides that occurs before the applicable minor source baseline date is 7 creditable only if it is required to be considered in calculating the amount of maximum 8 allowable increases remaining available. For particulate matter, only PM10 emissions 9 are used to evaluatethe net emissions increasefor PM 10. 10 (e) An increase in actual emissions is creditable onlyto the extentthatthe new level 11 ofactual emissions exceedsthe old level. 12 (f)A decrease in actual emissions is creditable onlyto the extentthat: 13 1. The old level of actual emissions or the old level of allowable emissions, 14 whichever is lower, exceedsthe new level ofactual emissions; 15 2. The decrease is enforceable as a practical matterat and afterthe time that actual 16 construction on the particularchange begins; and 17 3. The decrease has approximately the same qualitative significance for public 18 health and welfare as thatattributed to the increasefrom the particularchange. 19 (g) An increase that results from a physical change at a source occurs if the 20 emissions unit on which construction occurred becomes operational and begins to emit 21 a particular pollutant. A replacement unitthat requires shakedown becomes operational 22 only aftera reasonable shakedown period, notto exceed 180days. 23 (h) The term, actual emissions, as defined in subsection (2) ofthis section does not

311 apply in determining creditable increases and decreases. 2 (145) "New source" means a source, the construction, reconstruction, or 3 modification ofwhich commenced on or after the classification date as defined in the 

### 4 applicable administrative regulation, irrespective ofachange in emission rate. 5 (146) "Nitrogen oxides" means all oxides of nitrogen except nitrous oxide, as 6 measured bytest methods specified in the Kentucky SIP. 7 (147) "ng" means nanograms. 8 (148) "NO" means nitricoxide. 9 (149) "N02" means nitrogen dioxide. 10 (150) "Nonattainment major new source review program" or "NSR program" is 11 defined by 40 C.F.R. 51.165(a)(1)(xxx). For purposes ofthis definition, "administrator" 12 meansthe U.S. EPA. 13 (151) "NOx" means nitrogen oxides. 14 (152) "NOxallowance" is defined by40 C.F.R. 96.2. 15 (153) "NOxAllowanceTracking System" or "NATS" is defined by40 C.F.R. 96.2 For 16 purposes ofthis definition, "administrator" meansthe U.S. EPA. 17 (154) "NOx authorized account representative" is defined by40 C.F.R. 96.2. 18 (155) "NOx budget emissions limitation" means, for a NOx budget unit, the tonnage 19 equivalent cifthe NOxallowances availablefor compliance deduction forthe unitand for 20 a control period under 401 KAR 51:160 adjusted by deductions of sufficient NOx 21 allowancesto accountfor: 22 (a) Actual utilization under40 C.F.R. 96.42(e) forthe control period; 23 (b) Excess NOxemissionsforapriorcontrol period under40 C.F.R. 96.54(d);

321 (c) Withdrawal from the NOx budget program under40 C.F.R. 96.86; or 2 (d) A change in regulatory status for a NOx budget opt-in source under 40 C.F.R. 3 96.87. 4 (156) "NOx budget opt-in source" means an affected facility that has elected to 5 become a NOx budget unit under the NOx Budget Trading Program and whose NOx 6 budgetopt-in permit has been issued and is in effect. 7 (157) "NOx budgetsource" is defined by40 C.F.R. 96.2. 8 (158) "NOx BudgetTrading Program" is defined by40 C.F.R. 96.2. 9 (159) "NOx budget unit" means a unit that is subject to the NOx Budget Trading 10 Program emissions limitation under401 KAR 51:160 or40 C.F.R. 96.80. 11 (160) "NOx budget unit operator" means a person who operates, controls, or 12 supervises a NOx budget unit, a NOx budget source, or a unit forwhich an application 13 for a NOx budget opt-in permit under 401 KAR 51:195 is submitted and not denied or 14 withdrawn and includes a holding company, utility system, or plant manager of a NOx 15 budget unitorsource. 16 (161) "NOx budget unitowner" means: 17 (a) A holder of a portion of the legal or equitable title in a NOx budget unit or in a 18 unit for which an application for a NOx budget opt-in permitunder401 KAR 51:195 is 19 submitted and notdenied orwithdrawn; 20 (b) A holder of a leasehold interest in a NOx budget unit or in a unit for which an 21 application for a NOx budget opt-in permit under401 KAR 51:195 is submitted and not 22 denied orwithdrawn; 23 (c) A purchaser of power from a NOx budget unit or from a unit for which an

331 application for a NOx budget opt-in permit under401 KAR 51:195 is submitted and not 2 denied or withdrawn under a life-of-the-unit, firm power contractual arrangement and 3 unless expressly provided for in a leasehold agreement, does not include a passive 4 lessor, or a person who has an equitable interest through the lessor, whose rental 5 payments are not based, either directly or indirectly, upon the revenues or income from 6 the NOx budget unit orthe unitforwhich an application for a NOx budget opt-in permit 7 under401 KAR 51:195 is submitted and notdenied orwithdrawn; or 8 (d) Forany general account, aperson who has an ownership interestwith respectto 9 the NOx allowances held in the general account and who is subject to the binding 10 agreement for the NOx authorized account representative to represent that person's 11 ownership. 12 (162) "02" means oxygen. 13 (163) "03" means ozone. 14 (164) "Opacity" means the degree to which emissions reduce the transmission of 15 lightand obscurethe view ofan object in the background. 16 (165) "Operating" means, for a NOx budget unit, having documented heat input for 17 more than 876 hours in the six (6) months immediately preceding the submission of an 18 applicationfor an initial NOx budget permit. 19 (166) "Operator" means, for a NOx budget unit, any person who operates, controls, 20 or supervises a NOx budget unit, a NOx budget source, or unitforwhich an application 21 for a NOx budget opt-in permit is submitted and not denied orwithdrawn, and includes 22 any holding company, utilitysystem, or plant managerofthe unitorsource. 23 (167) "Opt-in" means to be elected to become a NOx budget unit under the NOx

341 BudgetTrading Program through afinal NOx budgetopt-in permit. 2 (168) "Owner", for a NOx budget unit, is defined by40 C.F.R. 96.2. 3 (169) "Owner or operator" means a person who owns, leases, operates, controls, or 4 supervises an affected facility orasource ofwhich an affected facility is apart. 5 (170) "oz" means ounce. 6 (171) "Ozone depleting potential" or "ODP", means pursuant to 40 C.F.R. Part 82, 7 Subpart A, Appendices A and B, the ratio ofthe total amount of ozone destroyed by a 8 fixed amount ofan ozone depleting substance to the amount ofozone destroyed bythe 9 same mass oftrichlorofluoromethane (CFC-11) in which the ozone depleting potential of 10 CFC-11 is equal to one and zero-tenths (1.0). 11 (172) "Ozone depleting substance" or "ODS" means any cher:nical compound 12 regulated under40 C.F.R. Part 82 with decay products, afterthe photolysis ofthe ODS 13 by short-wave ultraviolet light, that are able to catalyze the destruction of stratospheric 14 ozone. 15 (173) "PAL effective date" means: 16 (a) The date ofissuance ofthe PAL permit; or 17 (b) For an increased PAL, the date any emissions unitthat is part ofthe PAL major 18 modification becomes operational and beginsto emitthe PAL pollutant. 19 (174) "PAL effective period" meansthe period beginning with the PAL effective date 20 and ending ten (10) years later. 21 (175) "PAL major modification" means any physical change in or a change in the 22 method ofoperation ofthe PAL source that causes itto emitthe PAL pollutant ata level 23 equal to orgreaterthan the PAL.

351 (176) "PAL permit" means the permit issued by the cabinet that establishes a PAL 2 foramajorstationarysource. 3 (177) "PAL pollutant" means the pollutantforwhich a PAL is established at a major 

### 4 stationarysource. 5 (178) "Particulate matter" means a material, except uncombined waterthat exists in 

### 6 afinely divided form as a liquidorsolid measured by a U.S. EPA-approved test method 7 oratest method approved in the Kentucky SIP. 8 (179) "Particulate matteremissions" means, except as used in 40 C.F.R. Part 60, all 

### 9 finely divided solid or liquid material, other than uncombined water, emitted to the 10 ambient· air as measured by applicable reference methods, or an equivalent or 11 alternative method specified in 40 C.F.R. Chapter I, or by atest method specified in the 12 Kentucky SIP. 13 (180) "Peak load" means the maximum instantaneous operating load. 14 (181) "Permitted capacityfactor" meansthe annual permitted fuel use divided bythe 15 manufacturer'sspecified maximum fuel consumption multiplied by 8,760 hours peryear. 16 (182) "Person" is defined by KRS 224.01-010(17). 17 (183) "Plant-wide applicability limitation" or "PAL" means an emission limitation, 18 expressed in tons per year, for a pollutant at a major stationary source, that is 19 enforceable as a practical matterand is established source-wide in accordancewith 401 20 KAR 51:017 or51:052. 21 (184) "PM2.5" means particulate matter with an aerodynamic diameter less than or 22 equal to a nominal two and five-tenths (2.5) micrometers as measured by a reference 23 method in 40 C.F.R. Part 50, Appendix L, and designated in accordancewith 40 C.F.R.

361 2 3 4 5

;·· 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Part 53, or by an equivalent method designated in accordancewith 40 C.F.R. Part 53. (185) "PM1o" means particulate matter with an aerodynamic diameter less than or equal to a nominal ten (10) micrometers as measured by a reference method in 40 C.F.R. Part 50, Appendix J, and designated in accordancewith 40 C.F.R. Part 53, or by

an equivalent method designated in accordancewith 40 C.F.R. Part 53. (186) "PM 10 emissions" means finely divided solid or liquid material with an aerodynamic diameter less than or equal to a nominal ten (10) micrometers emitted to the ambient air as measured by an applicable reference method, or an equivalent or alternative method specified in 40 C.F.R. Chapter I, or by atest method specified in the Kentucky SIP. (187) "Pollution prevention" is defined by40 C.F.R. 51.166(b)(38). (188) "Portland cement" means a hydraulic cement produced by pulverizing clinker consisting essentially ofhydrauliccalcium silicates. (189) "Portland cement kiln" means a system, including solid, gaseous or liquid fuel combustion equipment, used to calcite and fuse raw materials, including limestone and clay, to produce Portland cement clinker. (190) "Potential to emit" or"PTE" means: (a) The maximum capacity of a stationary source to emit a pollutant under its physical and operational design, in which: 1. A physical or operational limitation on the capacity of a source to emit an air pollutant, including air pollution control equipment and restrictions on hours ofoperation

oron the type or amount ofmaterial combusted, stored, or processed, is treated as part ofits design ifthe limitation is enforceable as a practical matter; and

371 2. This definition does not alter or affect the use ofthis term for other purposes of 2 the Clean AirAct, 42 U.S.C. 7401

- 7671q, orthe term "capacity factor" as used in the 3 Acid Rain Program. 4 (b) Forthe PSD and NSR programs, the maximum capacity ofastationarysourceto 5 emitapollutant under its physical oroperational design, in which: 6 1. A physical or operational limitation on the capacity of the source to emit a 7 pollutant, including air pollution control equipment and restrictions on hours ofoperation 8 oron the type or amount of material combusted, stored, or processed, is treated as part 9 ofits design ifthe limitation orthe effect itwould have on emissions: 10 a. Isfederally enforceable; or 11 b. For an actual PAL, is federally enforceable or enforceable as a practical matter; 12 and 13 2. Secondaryemissions are notcounted. 14 (191) "ppb" means parts per billion. 15 (192) "ppm" means parts per million. 16 (193) "ppm(w/w)" means parts per million (weight byweight). 17 (194) "Precalciner kiln" means a kiln in which the feed to the kiln system is 18 preheated in cyclone chambers and utilizes a second burner to calcine material in a 19 separate vessel attached to the preheater prior to the final fusion in a kiln that forms 20 clinker. 21 (195) "Predictive emissions monitoring system" or "PEMS" is defined by 40 C.F.R. 22 51.166(b)(44). 23 (196) "Preheater kiln" means a kiln in which the feed to the kiln system is preheated

381 in cyclone chambers priorto the final fusion in a kiln thatforms clinker. 2 (197) "Prevention of Significant Deterioration Program" or "PSD Program" means a 3 major source preconstruction program that has been approved by the U.S. EPA and 4 incorporated into the Kentucky SIP to implement the requirements of40 C.F.R. 51.166 5 or52.21. 6 (198) "Project" means a physical change in or change in method of operation of an 7 existing majorstationary source. 8 (199) "Projected actual emissions" means: 9 (a) The maximum annual rate, in tons peryear, at which an existing emissions unit 10 is projected to emit a regulated NSR pollutant in any one (1) ofthe five (5) years, in a 11 twelve (12) month period, following the datethe unit resumes regular operation afterthe 12 project, or in any one (1) ofthe ten (10) yearsfollowing thatdate, if: 13 1. The project involves increasing the emissions unit's design capacity or its 14 potential to emitthe regulated NSR pollutant; and 15 2. Full utilization of the unit would result in a significant emissions increase or a 16 significant netemissions increase atthe majorstationarysource; or 17 (b) The maximum annual rate, in tons per year, at which an emissions unit, before 18 beginning actual construction, is projected to emit a regulated NSR pollutant, if the 19 source: 20 1.a. Considers all relevant information, including historical operational data and the 21 company's own representations of expected and highest projected business activity, 22 filings with the cabinet and the U.S. EPA, and compliance plans under the Kentucky 23 SIP;

391 b. Includes fugitive emissions and emissions associated with startups, shutdowns, 2 and malfunctions; and 3 c. Excludes, in calculating any increase in emissions that results from a project, that 4 portion of the unit's emissions following the project that an existing unit could have 5 accommodated during the consecutive twenty-four (24) month period used to establish 6 the baseline actual emissions and that are also unrelated to the project, including any 7 increased utilization due to productdemand growth; or 8 2. Elects to use the emissions unit's potential to emit, in tons per year, instead of 9 using subparagraph 1. ofthis paragraph to determine projected actual emissions. 10 (200) "psia" means pounds persquare inch absolute. 11 (201) "psig" means pounds persquare inch gage. 12 (202) "RACT/BACT/LAER Clearinghouse" or "RBLC" means the U.S. EPA's online 13 collection ofprevious RACT/BACT/LAERdeterminations. 14 (203) "Reactivation of a very clean coal-fired EUSGU" is defined by 40 C.F.R. 15 51.166(b)(37). 16 (204) "Reasonable further progress" is defined by 42 U.S.C. 7501(1). For purposes 17 ofthis definition, "administrator" meansthe U.S. EPA. 18 (205) "Reconstruction" means the replacement of components of an existing 19 affected facilityto the extentthat: 20 (a) The fixed capital cost ofthe new components exceeds fifty (50) percent ofthe 21 fixed capital costthatwould be required to construct acomparable entirely new affected 22 facility; and 23 (b) It is technologically and economically feasible to meet the applicable

401 requirements of401 KAR Chapters 50 to 65. 2 (206) "Reference method" means a method of sampling and analyzing for an air 3 pollutant as published in 40 C.F.R. Part 50, Appendices A to N; 40 C.F.R. Part 53; 40 4 Part 60, Appendices A and B; 40 C.F.R. Part 61, Appendix B; or 40 C.F.R. Part 63, 5 AppendicesAto D. 

### 6 (207) "Regulated NSR pollutant" meansthefollowing: 7 (a) A pollutant for which a national ambient air quality standard has been 8 promulgated and the following [ooy] constituents or**precursors~** 9 1. Volatile organic compounds and nitrogen oxides are precursors to ozone in all 10 attainmentand unclassifiable areas; 11 2. Sulfurdioxide is a precursorto PM2 .5in all attainment and unclassifiable areas; 12 3. Nitrogen oxides are presumed to be precursors to PM2

.5 in all attainment and 13 unclassifiable areas unless it is demonstrated that emissions of nitrogen oxides from 14 sources in a specific area are not a significant contributor to that area's ambient PM2

.5 15 concentrations; 16 4. Volatile organic compounds are presumed not to be precursors to PM2.5 in any 17 attainment or unclassifiable area unless it is demonstrated that emissions of volatile 18 organic compounds from sources in a specific area are a significant contributor to that 19 area's ambient PM2.6 concentrations; and 20 5. Particulate matteremissions, PM2

.5 emissions, and PM 10 emissions shall include 21 gaseous emissions from a source or activitythat condense to form particulate matterat 22 ambienttemperatures [forsuch pollutants identified bythe U.S. EPA] ; 23 (b) A pollutantsubjectto anystandard promulgated under42 U.S.C. 7411;

411 (c) A pollutant subjectto astandard promulgated underorestablished by42 U.S.C. 2 7671 to 7671q; or 3 (d) 

### Apollutantthat otherwise is subjectto regulation, as defined in subsection (231) 4 ofthis section, under42 U.S.C. 7401 to 7671q, exceptthat any hazardous air pollutant 5 (HAP) listed in 42 U.S.C. 7412 or added to the list pursuant to 42 U.S.C. 7412(b)(2), 6 that has not been delisted pursuant to 42 U.S.C. 7412(b)(3), is not a regulated NSR 7 pollutant unless the listed HAP is also regulated as a constituent or precursor of a 8 general pollutant listed under42 U.S.C. 7408. 9 (208) "Replacement unit" means an emissions unitthatdoes not generate creditable 10 emissions reductions by shutting down the existing emissions unitthat is replaced, and 11 that: 12 (a)1. Is a reconstructed unit within the meaning of 40 C.F.R. 60.15(b)(1) or that 13 completelytakesthe place ofan existing emissions unit; 14 2. Is identicalto orfunctionally equivalentto the replaced emissions unit; and 15 3. Does notalterthe basicdesign parameters ofthe process unit. 16 (b) Replaces a unitthat: 17 1. Is permanently removed from the major stationary source, is otherwise 18 permanently disabled, or is prohibited from operating by a permitthat is enforceable as 19 a practical matter; and 20 2. Ifbrought back into operation, is considered a newemissions unit. 21 (209) "Repowering" is defined by40 C.F.R. 51.166(b)(36). 22 (210) "Responsible official" means: 23 (a) For a corporation: a president, secretary, treasurer, or vice-president of the

421 corporation in charge of a principal business function, or other person who performs 2 similar policy or decision-making functions for the corporation, or a duly authorized 3 representative ofthat person ifthe representative is responsibleforthe overall operation 4 of one (1) or more manufacturing, production, or operating facilities applying for or 5 subjectto a permit; and 6 1. The facilities employ more than 250 persons or have gross annual sales or 7 expenditures exceeding $25,000,000 in second quarter 1980 dollars; or 8 2. The delegation of authority to the representative is approved in advance by the 9 cabinet pursuantto this subsection; 10 (b) For a partnership or sole proprietorship, a general partner or the proprietor, 11 respectively; 12 (c) For a municipality, state, federal, or other public agency, a principal executive 13 officer or ranking elected official. The principal executive officer of a federal agency 14 includes the chief executive officer having responsibility for the overall operation of a 15 principal geographic unit ofthe agency; or 16 (d) For the acid rain portion of a permit for an affected source, the designated 17 representative. 18 (211) "Run" meansthe net period oftime, either intermittentorcontinuous within the 19 limits ofgood engineering practice, when an emission sample is collected. 20 (212) "S" means atstandard conditions. 21 (213) "sec" means second. 22 (214) "Secondaryemissions" means emissionsthat: 23 (a) Occur as a result ofthe construction or operation ofa majorstationary source or

431 major modification, and do not come from the major stationary source or major 2 modification itself; 3 (b) Are specific, well defined, quantifiable, and impactthe same general area as the 4 stationarysource modificationthat causesthe secondaryemissions; 5 (c) Include emissions from an offsite support facility that would not otherwise be 6 constructed or increase its emissions as a result ofthe construction or operation ofthe 7 majorstationarysource ormajormodification; and 8 (d) Do not include emissions that come directly from a mobile source, including 9 emissionsfrom the tailpipe ofamotorvehicle, atrain, orvessel. 10 (215) "Serious nonattainment county" or "serious nonattainment area" means a 11 county or portion ofacounty designated serious nonattainmentforthe national ambient 12 airqualitystandard forozone. 13 (216) "Severe nonattainment county" or "severe nonattainment area" means a 14 county or portion ofa county designated severe nonattainmentfor the national ambient 15 airqualitystandard forozone. 16 (217) "Shutdown" meansthe cessation ofan operation. 17 (218) "Significant" means: 18 (a) For401 KAR 51:017, in reference to a net emissions increase orthe potential of 19 a source to emit any of the pollutants listed in the following table, a rate of emissions 20 thatwould equal orexceed acorresponding rate listed in thetable: POLLUTANT

44 EMISSIONS RATECarbon monoxide 

### 100 tons per year (tpy) Ozone depleting 

### 100tpy substance Nitrogen oxides 

### 40tpy Sulfurdioxide 

### 40tpy PM2.6 

### 10 tpy direct, 

### 40 tpy of sulfur dioxide or nitrogen oxides for precursors* PM10 

### 15tpy Particulate matter 

### 25 tpy 

### [ef particulate matter emissieAs] [15 tpy ef PM.w emissieAs] Ozone 

### 40 tpy of volatile organic compounds or nitrogen oxides Lead 

### 0.6tpy Fluorides 3tpy



### 45Sulfuricacid mist 7tpy Hydrogen sulfide (H2S) 

### 10 tpy Total reduced sulfur 

### 10 tpy (including H2S) Reduced sulfur 

### 10tpy compounds (including H2S) Municipal waste 3.2 X 

### 1

# o-6 combustor organics megagrams per (measured as total year (Mg/y) (3.5 x tetra- through acta- 

### 1

# o-6tpy) chlorinated dibenzo-pdioxins and dibenzofurans) Municipal waste 

### 14 Mg/y (

### 15 tpy) combustor (measured metals

as particulate matter) Municipal waste 36 Mg/y (40tpy) combustor acid gases (measured as sulfur dioxide and hydrogen chloride)



### 46

### 1 2 precursorpursuantto subsection (207)(a)(3) ofthis section. 3 (b) For401 KAR 51:017, in reference to a net emissions increase orthe potential of 4 asourceto emit a regulated NSR pollutantthat is not listed in the table in paragraph (a) 5 ofthis subsection, anyemissions rate; 6 (c) For 401 KAR 51:017, in reference to an emissions rate or a net emissions 7 increase associated with a major stationary source or major modification, that is to be 

### 8 constructed within ten (10) kilometers ofa Class Iarea, an impact on that area equal to 

### 9 orgreaterthan one (1) 1Jg/m3overatwenty-four (24) houraverage; 10 (d) For401 KAR 51:052, in reference to a net emissions increase orthe potential of 11 a source to emit any of the pollutants listed in the following table, a rate of emissions 12 thatwould equal orexceed acorresponding rate listed in thetable: POLLUTANT EMISSIONS RATE Carbon monoxide 100 tons per year (tpy) Ozone depleting 100tpy substance Nitrogen oxides 40 tpy

47Sulfurdioxide 40 tpy



### PM2.5 10 tpy direct, 40 tpy of sulfur dioxide or nitrogen oxides for precursors* 

### PM10 15tpy Ozone 40 tpy

. of volatile organic compounds or nitrogen oxides Lead 0.6 tpy 1 *Nitrogen oxide emissions are evaluated unless demonstrated not to be a 

### PM2.5 2 precursorpursuantto subsection (207)(a)(3) ofthis section. 3 ·(e) For 401 KAR 51:052, with the exception of the significant emissions rate for 4 ozone in this subsection, significant means, in referenceto an emissions increase or net 5 emissions increase, a rate ofemissionsthat exceedsthefollowing: 6 1. Twenty-five (25) tons peryear ofvolatile organic compounds or nitrogen oxides in 7 aserious orsevere ozone nonattainmentarea; or 8 2. Any increase in actual emissions of volatile organic compounds or nitrogen 9 oxides in an extreme ozone nonattainmentarea; or 10 (f) For 401 KAR 51:052, with the exception of the significant emissions rate for 11 carbon monoxide in this subsection, significant means, in reference to an emissions 12 increase or net emissions increase, a rate ofemissions ofcarbon monoxidethat equals 13 orexceeds fifty (50) tons peryear in aserious nonattainmentareafor carbon monoxide 481 in which astationarysource contribute significantlyto carbon monoxide levels. 2 (219) "Significant emissions increase" means, for a regulated NSR pollutant, an 3 increase in emissions that is equal to or greater than the emission level that is 4 significantforthat pollutant. 5 (220) "Significant emissions unit" means an emissions unit that emits or has the 6 potential to emit a PAL pollutant in an amount equal to or greater than the applicable 7 significant level as defined in subsection (218) ofthis section or in 42 U.S.C. 7401 to 8 7671q, whichever is lower for that PAL pollutant, but less than the amount that would 9 qualifythe unitas amajoremissions unit. 10 (221) "Small emissions unit" means an emissions unitthat emits or has the potential 11 to emit the PAL pollutant in an amount less than the PAL pollutant's applicable 12 significant level as defied in subsection (218) of this section; or in 42 U.S.C. 7401 to 13 7671q, whichever is lower. 14 (222) "S02" means sulfurdioxide. 15 (223) "Source" means one (1) or more affected facilities contained within a given 16 contiguous property line, which means the property is separated only by a public 17 thoroughfare, stream, orother right ofway. 18 (224) "sq" means square. 19 (225) "Stack or chimney" means a flue, conduit, or duct arranged to conduct 20 emissionsto the atmosphere. 21 (226) "Standard" means an emission standard, a standard of performance, or an 22 ambient air quality standard as promulgated in 401 KAR Chapters 50 to 65 or the 23 emission control requirements necessaryto complywith 401 KAR Chapter51.

491 (227) "Standard conditions" means: 2 (a) Forsource measurements, twenty (20) degrees Celsius (sixty-eight (68) degrees 3 Fahrenheit) and apressure of760 mm Hg (29.92 in. ofHg); or 4 (b) For air quality determinations, twenty-five (25) degrees Celsius (seventy-seven 5 (77) degrees Fahrenheit) and a reference pressure of760 mm Hg (29.92 in. ofHg). 6 (228) "Start-up" or "startup" meansthe setting in operation ofan affected facility. 7 (229) "State implementation plan" or "SIP" means the most recently prepared plan 8 or revision required by42 U.S.C. 7410 that has been approved bythe U.S. EPA 9 (230) "Stationary source" means a building, structure, facility, or installation that 10 emits or hasthe potentialto emita regulated NSR pollutant. 11 (231) "Subjectto regulation" is defined by40 C.F.R. 51.166(b)(48). 12 (232) "Submit" means to send or transmit a document, information, or 13 correspondence in accordancewith an applicable requirement. 14 (233) "TAPPI" meansTechnicalAssociation ofthe Pulp and Paper Industry. 15 (234) "Temporary clean coal technology demonstration project" is defined by 40 16 C.F.R. 51.166(b)(35). 17 (235) "Ton" or "tonnage", for a NOx budget source, means a short ton or 2,000 18 pounds. For determining compliance with the NOx budget emissions limitation, total 19 tonsfor acontrol period is calculated as the sum ofall recorded hourlyemissions, orthe 20 tonnage equivalent of the recorded hourly emissions rates, in accordance with 40 21 C.F.R. Part 96, Subpart Hwith any remaining fraction of aton equal to or greaterthan 22 0.50 ton deemed to equal one (1) ton and any fraction of a ton less than 0.50 ton 23 deemed to equal zerotons.

501 (236) "Total suspended particulates" or "TSP" means particulate matter as 2 measured bythe method described in 40 C.F.R. Part 50, Appendix B. 3 (237) "tpy" meanstons peryear. 4 (238) "TSS" meanstotal suspended solids. 5 (239) "Uncombined water" meanswaterthat can be separated from a compound by 6 ordinary physical means and that is not bound to a compound by internal molecular 7 forces. 8 (240) "Unit" means a fossil fuel-fired stationary boiler, combustion turbine, or 9 combined cycle system. 10 (241) "Urban county" means a county that is a part of an urbanized area with a 11 population greaterthan 200,000 based upon the 1980 census. Ifa portion ofacounty is 12 a part of an urbanized area, then the entire county is classified as urban for 401 KAR 13 Chapters 50 to 65. 14 (242) "Urbanized area" means an area defined by the U.S. Department of 15 Commerce, Bureau ofCensus. 16 (243) "U.S. EPA" meansthe United States Environmental Protection Agency. 17 (244) "UTM" means UniversalTransverse Mercator. 18 (245) "Visibility impairment" is defined by40 C.F.R. 51.301. 19 (246) "Volatile organic compound" or"VOC" is defined by40 C.F.R. 51.1OO(s). 20 (247) "yd" meansyard. 21 Section 2. Incorporation by Reference. (1) The following material is incorporated by 22 reference: 23 (a) "North American Industry Classification System", 2007, as published by the

511 Office ofManagementand Budget; and 2 (b) "Standard Industrial Classification Manual", 1987, as published by the Office of 3 Managementand Budget [is incorporated by reference]. 4 (2) This material may be inspected, copied or obtained, subject to applicable 5 copyright law, at the following main and regional offices ofthe Kentucky Division forAir 6 Qualityduring the normal working hours of8a.m. to 4:30p.m., local time: 7 (a) Kentucky Division for Air Quality, 200 Fair Oaks Lane, 1st floor, Frankfort, 8 Kentucky40601-1403, (502) 564-3999; 9 (b) Ashland Regional Office, 1550 Wolohan Drive, Suite 1, Ashland, Kentucky 10 41102, (606) 929-5285; 11 (c) Bowling Green Regional Office, 1508Westen Avenue, Bowling Green, Kentucky 12 42104, (270) 746-7475; 13 (d) Florence Regional Office, 8020 Veterans Memorial Drive, Suite 110, Florence, 14 Kentucky41042, (859) 525-4923; 15 (e) Frankfort Regional Office, 200 Fair Oaks Lane, Third Floor, Frankfort, Kentucky 16 40601' (502) 564-3358; 17 (f) Hazard Regional Office, 233 Birch Street, Suite 2, Hazard, Kentucky 41701, 18 (606) 435-6022; 19 (g) London Regional Office, 875 S. Main Street, London, Kentucky 40741, (606) 20 330-2080; 21 (h) Owensboro Regional Office, 3032 Alvey Park Drive, W., Suite 700, Owensboro, 22 Kentucky42303, (270) 687-7304; and 23 (i) Paducah Regional Office, 130 Eagle Nest Drive, Paducah, Kentucky 42003,

521 (270) 898-8468. 2 (3) The Standard Industrial Classification Manual is also available under Order No. 3 PB 87-100012 from the National Technical Information Service, 5285 Port Royal Road, 4 Springfield, Virginia 22161, phone (703) 487-4650.

53

### Oat~ 1 Leonard K. Peters, Secretary Energy and EnvironmentCabinet

54PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on July 24, 2012, at 10:00 a.m. (local time) in Conference Room 201B on thefirstfloor ofthe Division forAir Quality at 200 Fair Oaks Lane, Frankfort, Kentucky. Individuals interested in being heard at this hearing shall notify this agency five (5) workdays prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person whowishes to be heard shall be given an opportunityto comment on the proposed administrative regulation. Ifyou do notwish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until close ofbusiness on July 31, 2012. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person listed below. The hearing facility is accessible to persons with disabilities. Requests for reasonable accommodations, including auxiliary aids and services necessary to participate in the hearing, may be made to the contact person at least five (5) workdays prior to the hearing. CONTACT PERSON: Laura Lund, Environmental Technologist Ill, Division for Air Quality, 1st Floor, 200 Fair Oaks Lane, Frankfort, Kentucky40601, telephone (502) 564- 3999, ext. 4428, fax (502) 564-4666, and electronic mail Laura.Lund@ky.gov.

55REGULATORY IMPACTANALYSIS AND TIERING STATEMENT Administrative Regulation#: 401 KAR 51:001 Contactperson: Laura Lund, Environmental Technologist Ill (1) Providea briefsummaryof: (a) Whatthis administrative regulation does: This administrative regulation definesthe terms used in 401 KAR Chapter51. (b) The necessity of this administrative regulation: This administrative regulation provides clear and consistent definitions for terms used in 401 KAR Chapter51. (c) How this administrative regulation conforms to the content of the authorizingstatutes: KRS 224.10-100(5) requires the Cabinetto provide for the prevention, abatement, and control ofair pollution. The definitions contained in this administrative regulation are not more stringent than the corresponding federal definitions and assist in thefulfillment offederal and state statutes by providing clear and consistent definitions for terms used in 401 KAR Chapter 51. (d) How this administrative regulation currently assists orwill assist in the effectiveadministrationofthestatutes: This administrative regulation assists the public and the regulated community by providing clear and consistent definitions for terms used in 401 KAR Chapter51. (2) Ifthis is an amendmentto an existing administrative regulation, provide a briefsummaryof: (a) How the amendment will change this existing administrative regulation: This amendment adopts revisions to the New Source Review (NSR) program at the federal level that implement the PM2.s National Ambient Air Quality Standards (NAAQS). Specifically, the definition of "Regulated NSR pollutant" has been amended for consistency with the federal program. (b) The necessityofthe amendmenttothisadministrative regulation: These amendments are necessary to ensure consistency between state and federal programs. (c) How the amendment conforms to the content of the authorizing statutes: 42 U.S.C. 7410(a)(1) requires each state to adopt and submit a plan providing forthe implementation, maintenance, and enforcement ofa NAAQS. This amendment provides the mechanisms and tools necessary to implement, maintain, and enforce standardsfor PM2.5. This amendment maintains consistency with corresponding federal definitions affecting Kentucky's NSR program. (d) How the amendment will assist in the effective administration of statutes: This amendment provides definitions ofterms used in 401 KAR



### 56Chapter 51 to prevent and control air pollution that are consistent with those atthefederal level. (3) Listthetypeand numberofindividuals, businesses, organizations, orstate and local governments affected by this administrative regulation: Individuals, businesses, organizations, or governments will be affected by this regulation iftheyare subjectto any ofthe requirements contained in this chapter. (4) Provide an assessmentofhowthe entities identified in question (3) will be impacted by either the implementation ofthis administrative regulation, if new, or by the change if it is an amendment: This amendment maintains consistency with corresponding federal definitions affecting Kentucky's NSR program. (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: Affected facilities wiil be required to apply and usetheterms as defined in this regulation. (b) In complying with this administrative regulation oramendment, how much will it cost each ofthe entities identified in question (3): This amendment does not impose an increased cost to the regulated community. (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): When operating in compliance, the affected facilities will not be subject to enforcement actions and penalties. Furthermore, compliance with the Clean Air Act requirements preserves and improves airqualitythroughoutthe Commonwealth. (5) Provide an estimate of how much it will cost the administrative body to implementthisadministrative regulation: (a) Initially: The Cabinet will not incur any additional costs for the implementation ofthis administrative regulation. (b) On a continuing basis: There will not be any additional continuing costs forthe implementation ofthis administrative regulation. (6) What is the source ofthe funding to be used for the implementation and enforcement of this administrative regulation: The Cabinet's current operating budget will be used for the implementation and enforcement of this administrative regulation. (7) Provide an assessment ofwhether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment. No increase in fees orfunding is necessary to implementthis administrative regulation amendment. (8) State whether or notthis administrative regulation establishes any fees or directly or indirectly increases any fees. This administrative regulation does



### 57notestablish, nordirectlyor indirectly increase, anyfees. (9) TIERING: Is tiering applied? Yes. This administrative regulation contains thresholds overwhich facilities may be subjectto permitting requirements.



### 58FEDERAL MANDATEANALYSIS COMPARISON 1. Federal statute or regulation constituting the federal mandate. 42 U.S.C. 7410(a)(1) requires Kentucky to adopt and submit a plan providing for the implementation, maintenance, and enforcementofa NAAQS. 2. State compliance standards. The state compliance standards are found in KRS 224.10-100(5). 3. Minimum or uniform standards contained in the federal mandate. The Clean AirAct is the federal mandate that requires states to have a plan forthe attainment ofthe national primary ambientairqualitystandards and reasonable further progress ofthe airquality. 4. Will this administrative regulation impose stricter requirements, or additional ordifferentresponsibilities orrequirements, thanthose required bythefederal mandate? No. 5. Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements. The definitions contained in this administrative regulation are not more stringent than the corresponding federal definitions.

59FISCAL NOTE ON STATE OR LOCALGOVERNMENT Administrative Regulation#: 401 KAR 51:001 Contactperson: Laura Lund, Environmental Technologist Ill 1. Does this administrative regulation relate to any program, service, or requirements of a state or local government (including cities, counties, fire departments, orschool districts)? Yes. 

### 2. What units, parts or divisions of state or local government (including cities,

. counties, fire departments, or school districts) will be impacted by this

administrative regulation? State and local governments will be required to use definitions contained in this administrative regulation ifsubjectto the requirements of 401 KAR Chapter51. 

### 3. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 224.10- 100(5); 40 CFR 51.165, 51.166; and 42 U.S.C. 7401-7671q. 

### 4. Estimate the effect ofthis administrative regulation on the expenditures and revenues ofastate or local governmentagency (including cities, counties,fire departments, or school districts) for the first full year the administrative regulation isto be ineffect. (a) How much revenuewill this administrative regulation generateforthestate or local government (including cities, counties, fire departments, or school districts)forthefirstyear? This administrative regulation generates no revenue. (b) How much revenue will this administrative regulation generateforthestate or local government (including cities, counties, fire departments, or school districts) for subsequent years? This administrative regulation generates no revenue. (c) How much will it cost to administer this program for the first year? The Cabinet's existing operating budget is the source offunding for the implementatio'n ofthis program. (d) Howmuchwill itcosttoadministerthis programforsubsequentyears? There will be noadditional costs foradministering this program in subsequentyears. Note: Ifspecific dollarestimates cannot be determined, provide a briefnarrative toexplainthefiscal impactsofthe administrative regulation. ·Revenues (+/-): There is no known effect on current revenues. Expenditures (+/-): There is no known effecton currentexpenditures. OtherExplanation: There is no furtherexplanation.

60