(222)[@26)] "SO2" means sulfur dioxide. 

m["Source" means one (1) or more affected facilities contained within a 

given contiguous property line, which means the property is separated only by a public 

thoroughfare, stream, or other right of way. 

(224)[=] "sq" means square. 

(225)[(22%)] "Stack or chimney" means a flue, conduit, or duct arranged to conduct 

emissions to the atmosphere. 

(226)[0] "Standard" means an emission standard, a standard of performance, or 

an ambient air quality standard as promulgated in 401 KAR Chapters 50 to 65 [h 

. . . . . a] or the emission control 

requirements necessary to comply with 401 KAR Chapter 51. 

(227)[(23+] "Standard conditions" means: 

(a) For source measurements, twenty (20) degrees Celsius (sixty-eight (68) degrees 

Fahrenheit) and a pressure of 760 mm Hg (29.92 in. of Hg). 

(b) For air quality determinations, twenty-five (25) degrees Celsius (seventy-seven 

(77) degrees Fahrenheit) and a reference pressure of 760 mm Hg (29.92 in. of Hg). 

(228)[-] "Start-up" or "startup" means the setting in operaZion of an affected 

facility. 

/229)[f2aal] "State implementation plan" or "SIP" means the most recently prepared 

plan or revision required by 42 U.S.C. 7410 that has been approved by the U.S. EPA. 

(2302[o] "Stationary source" means a building, structure, facility, or installation 

that emits or may emit a regulated NSR pollutant. 

(231)[fiMj] "Submitn means to send or transmit a document; information, or 
correspondence in accordance with an applicable requirement. 

(232)[w] "TAPPI" means Technical Association of the Pulp and Paper Industry. 

(233)[fza7-)] "Temporary clean coal technology demonstration project" means a 

clean coal technology demonstration project [#a&k] operated fbr a period of five (5) 

years or less and that complies with the Kentucky SIP and with other requirements 

necessary to attain and maintain the national ambient air quality standards during and 

after the project is terminated. 

(234)[-] "Ton" or "tonnage" means, for a NOx budget source, a short ton or 

2,000 pounds. For determining compliance with the NOx budget emissions limitation, 

total tons for a control period is calculated as the sum of all recorded hourly emissions, 

or the tonnage equivalent of the recorded hourly emissions rates, in accordance with 40 

C.F.R. Part 96, Subpart H with any remaining fraction of a ton equal to or greater than 

0.50 ton deemed to equal one (1) ton and any fraction df a ton less than 0.50 ton 

deemed to equal zero tons. 

(235)[0] "Total suspended particulates" or "TSP" means particulate matter as 

measured by the method described in 40 C.F.R. Part 50, Appendix 8. 

(236)[w] "tpy" means tons per year. 

(237)[f241)] "TSS means total suspended solids. 

(238)[@@)] "Uncombined water" means water that can be separated from a 

compound by ordinary physical means and that is not bound to a compound by internal 

molecular forces. 

{239)&243j] "Unit" means a fossil fuel-fired stationary boiler, combustion turbine, or 

combined cycle system. 
1 (240)[@44j} "Urban county" means a county that is a part of an urbanized area with 

a population [efl greater than 200,000 based upon the 1980 census. If a portion of a 

county & [f&a&be] a part of an urbanized area, then the entire county & [shdkbe] 

classified as urban for 401 KAR Chapters 50 to 65 [[ . . - If& 

... -1 - 

(241)[@4!$] "Urbanized area" means an area defined by the US. Department of 

Commerce, Bureau of Census. 

(242)[0] "US. €PA" means the United States Environmental Protection Agency. 

(243)[w] "UTM means Universal Transverse Mercator. 

(244)[(248j] "Visibility impairment" means a humanly perceptible change in visibility 

such as visual range, contrast, or coloration, from that which would have existed under 

12 natural conditions. 

13 (245)[(249-)] "Volatile organic compound" or "VOC is defined in 40 C.F.R. 

14 51.100(s). 

15 (246)1oj] "ydn means yard. 

16 Section 2. Incorporation by Reference. (1) The following material is incorporated by 

17 reference: 

18 (a) "Standard Industrial Classification Manual," [Man+&] 1987, as published by the 

19 Office of Management and Budaet: and [-J 
(2) This material may be inspected, copied or obtained, subject to applicable 

copyright law, at the following main and regional offices of the Kentucky Division for Air 

Quality during the normal working hours of 8 a.m. to 4:30 p.m., local time: 

(a) Kentucky Division for Air Quality, 200 Fair Oaks Lane. lSt floor, 

-1 Frankfort, Kentucky 40601-1403, J502) 564-3999; [@€Q) 573-3384 

(b) Ashland Regional Office, 1550 Wolohan Drive, Suite 1, Ashland, Keritucky 

41 102, (606) 929-5285; 

(c) Bowling Green Regional Office, 1508 Westen Avenue, Bowling Green, 

Kentucky 421 04, (270) 746-7475; 

(d) Florence Regional Office, 8020 Veterans Memorial Drive, Suite 11 0, Florence, 

Kentucky 41 042, (859) 525-4923; 

Je) Frankfort Regional Office, 643 Teton Trail, Suite B, Frankfort, Kentucky 40601, 

(502) 564-3358; 

14 a[(ej] Hazard Regional Office, 233 Birch Street, Suite 2, Hazard, Kentucky 41 701, 

15 (606) 435-6022; 

16 @[@I London Regional Office, 875 S. Main Street, London, Kentucky 40741, 

1 7 (606) 330-2080; 

18 (h)[fQ-l] Owensboro Regional Office, 3032 Alvey Park Drive, W., Suite 700, 

19 Owensboro, Kentucky 42303, (270) 687-7304; and 

20 m@j] Paducah Regional Office, 130 Eagle Nest Drive, Paducah, Kentucky 42003, 

21 /270) 898-8468. [v 

22 li\+ El !=rw 
1 (3)[@)] The Standard Industrial Classification Manual is also available under Order 

2 No. PB 87-100012 from the National Technical Information Service, 5285 Port Royal 

3 Road, Springfield, Virginia 221 61, phone (703) 487-4650. 

4 Nh\e9--QW=r\f*rl.\rla-- bc - 
Date Leonard K. Peters, Secretary 

Energy and Environment Cabinet 
REGULATORY IMPACT ANALYSIS 

AND TIERING STATEMENT 

Administrative Regulation #: 401 KAR 51:001 

Contact person: Laura Lund, Environmental Technologist II 

(1 Provide a brief summary of: 

(a) What this administrative regulation does: This administrative regulation 

defines the terms used in 401 KAR Chapter 51. 

(b) The necessity of this administrative regulation: This administrative 

regulation defines the terms used in 401 KAR Chapter 51. 

(c) How this administrative regulation conforms to the content of the 

authorizing statutes: The definitions contained in this administrative 

regulation are not more stringent or otherwise different than the 

corresponding federal'definitions. 

(d) How this administrative regulation currently assists or will assist in 

the effective administration of the statutes: The definitions regulation 

assists the public and the regulated community by defining the terms used 

in 401 KAR Chapter 51. 

(2) If this is an amendment to an existing administrative regulation, provide a 

brief summary of: 

(a) How the amendment will change this existing administrative 

regulation: This amendment revises the definitions to mirror amendments 

made at the federal level. It does not change the intent of the existing 

regulation. Amendments in formatting and grammar were also necessary 

in order to comply with KRS Chapter 13A. 

(b) The necessity of the amendment to this administrative regulation: 

This amendment revises the definition of terms used in Kentucky's 

Prevention of Significant Deterioration (PSD) and New Source Review 

(NSR) regulations. 

(c) How the amendment conforms to the content of the authorizing 

statutes: The amendments are based upon federal revisions affecting 

Kentucky's PSD and NSR regulations. 

(d) How the amendment will assist in the effective administration of 

statutes: The amendments will provide the definitions of terms used in 

401 KAR Chapter 51. 

(3) List the type and number of individuals, businesses, organizations, or state 

and local governments affected by this administrative regulation. This 

regulation does not directly impact individuals, organizations, or state and local 

governments. 

(4) Provide an assessment of how the entities identified in question (3) will be 

impacted by either the implementation of this administrative regulation, if 
new, or by the change if it is an amendment: This regulation does not directly 

impact individuals, organizations, or state and local governments. 

(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: This regulation does not directly impact 

individuals, organizations, or state and local governments. 

(b) In complying with this administrative regulation or amendment, how 

much will it cost each of the entities identified in question (3): There 

are no costs associated with this regulation. 

(c) As a result of compliance, what benefits will accrue to the entities 

identified in question (3): There are no direct benefits related to this 

regulation. 

(5) Provide an'estimate of how much it will cost the administrative body to 

implement this administrative regulation: 

(a) Initially: The Cabinet will not incur any additional costs for the 

implementation of this regulation. 

(b) On a continuing basis: There will not be any additional continuing costs 

for the implementation of this regulation. 

(6) What is the source of the 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 

regulation. 

(7) Provide an assessment of whether 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. This regulation will not require an increase in 

fees or funding in order to implement its provisions. 

(8) State whether or not this administrative regulation established any fees or 

directly or indirectly increased any fees. This regulation does not establish, 

nor does it directly or indirectly increase, any fees. 

(9) TIERING: Is tiering applied? No. Tiering is not applicable because this 

regulation provides the definitions of terms for 401 KAR Chapter 51 and imposes 

no requirements. 
FEDERAL MANDATE ANALYSIS COMPARISON 

1. Federal statute or regulation constituting the federal mandate. There is no 

federal mandate for this administrative regulation. However, recent changes in the 

federal PSDINSR Program make it necessary to revise the regulation in order to 

ensure program parity. 

2. State compliance standards. The state compliance standards are found in KRS 

224.10-1 OO(5). 

. 3. Minimum or uniform standards contained in the federal mandate. There is no 

federal mandate for this regulation. However, changes in the federal definitions for 

this program necessitate changes in the state defihitions. 

4. Will this administrative regulation impose stricter requirements, or additional 

or different responsibilities or requirements, than those required by the federal 

mandate? No. This regulation imposes no requirements because it only provides 

definitions of terms used in 401 KAR Chapter 51. 

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 or otherwise different than the 

corresponding federal definitions. 
FISCAL NOTE ON STATE OR LOCAL GOVERNMENT 

Administrative Regulation #: 401 KAR 51 :001 

Contact person: Laura Lund, Environmental Technologist II 

1. Does this administrative regulation relate to any program, service, or 

requirements of a state or local government (including cities, counties, fire 

departments, or school 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? The Division for Air Quality implements this regulation. 

3. Identify each state or federal statute or federal regulation that requires or 

authorizes the action taken by the administrative regulation. KRS 224.10- 

1 OO(5). 

4. Estimate the effect of this administrative regulation on the expenditures and 

revenues of a state or local government agency (including cities, counties, fire 

departments, or school districts) for the first full year the administrative 

regulation is to be in effect. 

(a) How much revenue will this administrative regulation generate for the state or 

local government (including cities, counties, fire departments, or school 

districts) for the first year? This regulation generates no revenues. 

(b) How much revenue wilt this adminisfiative regulation generate for the state or 

local government (including cities, counties, fire departments, or school 

districts) for subsequent years? This regulation generates no revenues. 

(c) How much will it cost to administer this program for the first year? The 

Cabinet's existing operating budget continues as the source of funding to implement 

this regulation. 

(d) How much will it cost to administer this program for subsequent years? There 

are no direct costs associated with this regulation. 

Note: If specific dollar estimates cannot be determined, provide a brief narrative 

to explain the fiscal impact of the administrative regulation. 

Revenues (+I-): There is no known effect on current revenues. 

Expenditures (+I-): There is no known effect on current expenditures. 

Other Explanation: There is no further explanation. 
1 ENERGY AND ENVIRONMENT CABINET I NOv 15 aa I 

2 Department for Environmental Protection 

3 Division for Air Quality 

4 (Amended After Comments) 

5 401 KAR 51 :017. Prevention of significant deterioration of air quality. \ 

6 RELATES TO: KRS 224.10-100, 40 C.F.R. 51 Subpart I, Appendix S, sec. IV, Part 

7 51, Appendix W, 51.166, 52.21, 5s 6 53 5 [P~FM& 

8 c, C?, 631, 81 -318, 81 Subpart D, 42 U.S.C. 7401-7671% 

11 STATUTORY AUTHORITY: KRS 224.1 0-1 OOM, 40 C.F.R. 51 .I 66,52.21,42 U.S.C. 

13 NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100 requires 

14 [;tdkeriEefl [eq&m] the cabinet [[I to 

15 promulgate administrative regulations for the prevention, abatement, and control of air 

16 pollution. EO 2009-538,. effective June 12, 2009, establishes the Enemy and 

17 Environment Cabinet. This administrative regulation provides for the prevention of 

18 significant deterioration of ambient air quality. The provisions of this administrative 

19 regulation are not different nor more stringent than the federal regulation, 40 C.F.R. 

21 Section [&I Applicability. (1) This administrative regulation shall apply to the 
construction of a new major stationary source or 3 [my] project at an existing major 

stationary source that commences construction after September 22, 1982, and locates 

in an area designated attainment or unclassifiable under 42 U.S.C. 7407(d)(l)(A)(ii) and 

(iii). 

(2) Except as otherwise provided in this administrative regulation, the provisions of 

Sections 8 to 16 of this administrative regulation shall apply to the construction of a new 

major stationary source or a major modification of an existing major stationary source. 

(3) The owner or operator of a new major stationary source or major modification, 

which is subject to the requirements of Sections 8 to 16 of this administrative regulation, 

shall not begin actual construction without a proposed permit or proposed permit 

revision issued under 401 KAR 52:020 stating that the major stationary source or major 

modification shall meet those requirements. 

(4) Applicability tests for projects. Except as provided in subsection (5) [eF-o] of this 

section, a project shall be a major modification for a regulated NSR pollutant only if the 

project causes a significant emissions increase and a significant net emissions increase 

as provided in paragraphs (a) and (b) of this subsection. 

(a) Prior to beginning actual construction, the owner or operator shall first determine 

if a significant emissions increase will occur for the applicable type of unit being 

constructed according to subparagraphs 1 to 2 [4] of this paragraph. 

1. Actual-to-projected actual applicability test for projects that only involve existing 

emissions units. A significant emissions increase of a regulated NSR pollutant shall be 

projected to occur if the sum of the difference between the projected actual emissions 

and the baseline actual emissions for each existing emissions unit equals or exceeds 
1 the significant amount for that pollutant. 

2 2. Actual-to-potential test for projects that involve only construction of new emissions 

3 units. A significant emissions increase of a regulated NSR pollutant shall be projected to 

4 occur if the sum of the potential to emit from each new emissions unit following 

5 completion of the project equals or exceeds the significant amount fior that pollutant. 

8 

9 9 4 . . -1 

10 - 3.[4] Hybrid test for projects that involve multiple types of emissions units. A 

11 significant emissions increase of a regulated NSR pollutant shall be projected to occur if 

12 the sum of the emissions increases for each emissions unit, using a method specified in 

13 subparagraphs 1 and 2 [W] of this paragraph as applicable for each emissions unit, 

14 equals or exceeds the significant amount for that pallutant. 

15 (b) Prior to beginning actual construction and after completing the applicable 

16 procedure established in [efl paragraph (a) of the subsection, the owner or operator 

17 shall determine for each regulated NSR pollutant if a significant net emissions increase 

18 will occur pursuant to 401 KAR 51:001, Section l(144) and (218). [5W%&%&h 

19 -1 

20 (5) For a plant-wide applicability limit (PAL) for a regulated NSR pollutant at a major 

21 stationary source, the owner or operator of the major stationary source shall comply 

22 with the applicable requirements of Section 3 [a] of this administrative regulation. 

23 [
. . -1 

Section 2. Ambient Air Increments. (1) In areas designated as Class I or II, 

increases in pollutant concentration over the baseline concentration shall be limited to 

the following levels: 

Pollutant Maximum Allowable 

Increase 

(Micrograms Per 

cubic meter) 

Class I 

Particulate Matter: 

PMIo, annual 4 

arithmetic mean 

P&o, 24-hour 8 

maximum 

Sulfur Dioxide: 

Annual arithmetic 2 

mean I 

24-hour maximum 

3-hour maximum 

t 

Nitrogen Dioxide: 

Annual arithmetic 2.5 

mean I I. 

Class II 
Particulate Matter: 

PM1ol annual 

arithmetic mean 

maximum 

Sulfur Dioxide: 

mean I I 

Annual arithmetic 

I 

24-hour maximum 91 

20 

3-hour maximum 51 2 

I - 

Nitrogen Dioxide: 

(2) For any period other than an annual period, the applicable maximum allowable 

increase may be exceeded during one (1) such period per year at any one (1) location. 

Section 3. Ambient Air Ceilings. The concentration of a regulated NSR pollutant shall 

not exceed the concentration allowed under the national secondary ambient air quality 

standard or under the national primary ambient air quality standard, whichever 

concentration is lower for the pollutant for a period of exposure. [expww-s] 

Section 4. Restrictions on Area Classifications. (1) The following areas, [m] 

which were in existence on August 7, 1977, shall be Class I areas and shall not be 

designated: 

(a) International parks; 
(b) National wilderness areas and national memorial parks that [wkiisk'] exceed 5,000 

acres in size; and 

(c) National parks that [whkh] exceed 6,000 acres in size. 

(2) Any other area, unless otherwise specified in the legislation creating the area, 

shall be [is] designated Class II but may be redesignated as provided in 40 C.F.R. 

51.166(g). 

(3) The visibility protection requirements of this administrative regulation shall apply 

only to sources that [whkh] may impact a mandatory Class I federal area. 

(4) The following areas may be redesignated only as Class I or II: 

(a) An area that [wkid7] as of August 7, 1977, exceeded 1 0,000 acres in size and 

was a national monument, a national primitive area, a national preserve, a national 

recreational area, a national wild and scenic river, a national wildlife refuge, a national 

lakeshore or seashore; and 

(b) A national park or national wilderness area established after August 7, 1977, 

which exceeds 10,000 acres in size. 

16 Section 5. Exclusions from Increment Consumption. (1) P17 taay+&s] notice and opportunity for at least one (1) public hearing to be held in 

18 accordance with procedures established in 401 KAR 52:100, the cabinet mav exclude 

19 the following concentrations in determining compliance with a maximum allowable 

20 increase: I 

2 1 (a) Concentrations attributable to the increase in emissions from stationary sources 

22 that have converted from the use of petroleum products, natural gas, or both by reason 

23 of an order in effect under a federal statute or regulation over the emissions from these 
1 sources before the effective date of the order; 

2 (b) Concentrations attributable to the increase in emissions from sources that have 

3 converted from using natural gas by reason of a natural gas curtailment plan in effect 

4 pursuant to a federal statute over the emissions from those sources before the effective 

5 date of the plan; 

6 (c) Concentrations of particulate matter attributable to the increase in emissions fmm 

7 construction or other temporary emission-related activities of new or modified sources; 

8 and 

9 (d) Concentrations attributable to the temporary increase En emissions of sulfur 

10 dioxide, particulate matter, or nitrogen oxides from stationary sources [#&-are] affected 

by plan revisions approved by the Administrator of the U.S. EPA as meeting the criteria 

established [w] in subsection (3) of this section. 

(2)(a) Exclusion of concentrations shall not apply more than five (5) years after the 

effective date of the order to which subsection (l)(a) of this section refers or the 

curtailment plan to which subsection (l)(b) of this section refers, whichever is 

applicable. 

(b) If both an order and curtailment plan are applicable, an exclusion shatl apply 

more than five (5) years after the later of the two (2) effective dates. 

19 (3) For excluding concentrations pursuant to subsection (1 Kd) of this section: 

20 (a) The time period over which the temporary emissions increase of sulfur dioxide, 

21 particulate matter, or nitrogen oxides would occur shall be specified 'and shall not 

22 exceed two (2) years in duration unless a longer time is approved by the US. €PA; 

23 (b) The time period for excluding certain contributions in accordance with paragraph 
1 (a) of this subsection shall not be renewable; 

2 (c) An emissions increase from a stationary source shall not occur that will: 

3 1. Impact a Class I area or an area in which an applicable increment is known to be 

4 violated; or 

2. Cause or contribute to the violation of a national ambient air quality standard; and 

(d) Limitations shall be in effect at the end of the time period established in 

paragraph (a) of this subsection, which ensure that the emissions levels from stationary 

sources affected by the SIP revision shall not exceed the levels occurring from those 

sources before the revision was approved. 

Section 6. Stack Heights. (1) The degree of emissions limitation requ;'red for control 

of an air pollutant under this administrative regulation shall not be affected by: 

(a) So much of the stack height of a source as exceeds good engineering practice; 

or 

(b) Another dispersion technique. 

15 (2) Subsection (1) of this section shall not apply to stack heights in existence before 

16 December 31, 1970, or to dispersion techniques implemented before then. 

17 Section 7. Exemptions. (I) Sections 8 to 16 of this administrative regulation shall 

18 not apply to a particular major stationary source or major modification, if: 

19 (a) The owner or operator: 

20 1. Obtained the necessary federal, state, and local preconstruction approval 

21 effective before September 22, 1982; 

22 2. Commenced construction before September 22, 1982; and 

23 3. Did not discontinue construction for a period of eighteen (1 8) months or more. 
(b) 1. The major stationary source is a nonprofit health institution, a nonprofit 

educational institution, or a major modification at such an institution; and 

2. The [- . . ] Governor of We Commonwealth of Kentucky requests 

that it be exempt from those requirements. 

(c) The source or modification is a major stationary source or major modification only 

if fugitive emissions, to the extent quantifiable, are considered in calculating the 

potential to emit of the stationary source or modification and the source does not belong 

to any of the following categories: 

1. Coal cleaning plants with thermal dryers; 

2. Krafi pulp mills; 

3. Portland cement plants; 

4. Primary zinc smelters; 

5. Iron and steel mills; 

6. Primary aluminum ore reduction plants; 

7. Primary copper smelters; 

8. Municipal incinerators capable of charging more than 250 tons of refuse per day; 

9. Hydrofluoric, sulfuric, or nitric acid plants; 

10. Petroleum refineries; 

1 1. Lime plants; 

12. Phosphate rock processing plants; 

13. Coke oven batteries; 

14. Sulfur recovery plants; 

15. Carbon black plants, furnace process; 
1 16. Primary lead smelters; 

2 17. Fuel conversion plants; 

3 18. Sintering plants; 

4 19. Secondary metal production plants; 

5 20. Chemical process plants, except ethanol production facilities producing ethanol 

6 by natural fermentation under the North American Industry Classification Svstem 

7 [NAICS) codes 3251 93 or 31 21 40; 1-1 

8 21. Fossil-fuel boilers, or combination of fossil-fuel boilers, totaling more than 250 

9 million BTUs per hour heat input; 

10 22. Petroleum storage and transfer units with a total storage capacity exceeding 

11 300,000 barrels; 

12 23. Taconite ore processing plants; 

13 24. Glass fiber processing plants; 

14 25. Charcoal production plants; 

15 26. Fossil fuel-fired steam electric plants of more than 250 million BTUs per hour 

16 heat input; or 

17 27. Another stationary source category I& [wM%], as of August 7, 1980, is being 

18 regulated under 42 U.S.C. 741 1 or 741 2. 

19 (d) The source or modification is a portable stationary source that has previously 

20 received a permit under this administrative regulation; and 

21 1. The owner or operator proposes to relocate the source, and the [and] emissions 

22 of the source at the new location will be temporary; 

23 2. The emissions from the source will hot exceed its allowable emissions; 

10 
3. The emissions from the source will not impact a Class I area or an area where an 

applicable increment is known to be violated; and 

4. a, Reasonable notice is given to the cabinet prior to the relocation identifying the 

proposed new location and the probable duration of operation at the new location. 

- b. Notice shall be given to the cabinet not less than ten (10) days in advance of the 

proposed relocation unless a different time duration is previously approved by the 

cabinet pursuant to this subsection. [wbhek] 

(e) The source or modification was not subject to this administrative regulation with 

respect to particulate matter requirements in effect before July 31, 1987, and the owner 

or operator: 

1. Obtained all final federal, state, and local preconstruction approvals or permits 

necessary under the applicable SIP before July 31, 1987; 

2. Commenced construction within eighteen (1 8) months after July 31, 1987; and 

3. Did not discontinue construction for a period of eighteen (18) months or more and 

completed construction within a reasonable period of time. 

(f) 1, The source or modification was subject to this administrative regulation for 

particulate matter requirements in effect before July 31, 1987, and the owner or 

operator submitted an application for a permit under the applicable permit program 

before that date; and 

2. The [-I cabinet subsequently determined that the application as 

submitted was complete with respect to the particulate matter requirements then in 

eff ed. 

(2) Sections 8 to 16 of this administrative regulation shall not apply to a major 
stationary source or major modification for a particular pollutant if the owner or operator 

demonstrates that, for that pollutant, the source or modification is located in an area 

designated as nonattainment pursuant to 42 U.S.C. 7407(d)(l)(A)(i). 

(3) Sections 9, 11, and 13 of this administrative regulation shall not apply to a 

proposed major stationary source or major modification for- a pa&icular pollutant, if the 

allowable emissions of that pollutant from the source, or the net emissions increase of 

that pollutant from a modification: 

(a) Will not impact a Class I area or an area where an applicable increment is known 

to be violated; and 

(b) Will be temporary. 

(4) Sections 9, 11, and 13 of this administrative regulation, as applicable to a 

maximum allowable increase for a Class II area, shall not apply to a major modification 

at a stationary source that was in existence on March 1, 1978, if the net increase in 

allowable emissions of each regulated NSR pollutant from the modification after the 

application of BACT will be less than fifty (50) tons per year. 

(5) The cabinet may exempt a proposed major stationary source or major 

modification from the monitoring requirements of Section 11 of this administrative 

regulation for a particular pollutant, if: 

(a) The emissions increase of the pollutant from the new source or the net emissions 

increase of the pollutant from the modification will cause air quality impacts in an area, 

which are less than the amounts listed in the following table; or 

Pollutant Air Quality Averaging 
Carbon 

monoxide 

Nitrogen 

dioxide 

Particulate 

matter 

Sulfur 

diox.ide 

Ozone 

Lead 

Level 

575 pg/m3 

14 pglm3 

10 pg/m3 of 

13 pg/m3 

A [MI de mil 

Time 

8-hour 

average 

annual 

average 

24-hour 

average 

24-hour 

average 

mis air quality 

level is not provided for 

ozone. However, a net 

increase of 100 tons per year 

or more of volatile organic 

compounds or nitrosen 

oxides subject to this 

administrative regulation 

shall be [is] required to 

perform an ambient impact 

analysis including the 

gathering of ambient air 

quality data. 
I I average I 

reduced 

sulfur 

Reduced 

sulfur 

compounds 

I I average I 

Fluorides 

10 pg/m3 

average 

1 -hour 

average 

0.25 pglm' 

Hydrogen 

(b) The concentrations of the pollutant in the area that the source or modification will 

24-hour 

sulfide 

Total 

3 affect are less than the concentrations listed in the table in paragraph (a) of this 

4 subsection, or the pollutant is not listed in the table. 

0.2 pg/m' 

5 (6) Permitting requirements equivalent to Section 9(2) of this administrative 

6 regulation shall not apply to a stationary source or modification for a maximum 

7 allowable increase for nitrogen oxides, if: 

8 (a) The owner or operator of the source or modification submitted an application for 

9 a permit or permit revision under the applicable permit program before the date on 

10 which the provisions embodying the maximum allowable increase took effect in the 

I -hour 

10 pg/m3 

11 Kentucky SIP; and 

average 

1 -hour 

12 (b) The cabinet subsequently determined that the application as submitted before 
1 that date was complete. 

2 (7) Permitting requirements equivalent to Section lO(2) of this administrative regulation 

3 shall not apply to a stationary source or modification for a maximum allowable increase 

4 for PMlo, if: 

5 (a) The owner or operator of the source or modification submitted an application for 

6 a permit under the applicable permit program before the provisions embodying the 

7 maximum allowable increases for PMlo took effect as part of Kentucky's SIP; and 

8 (b) The cabinet subsequently determined that the application as submitted before 

9 that date was complete. 

10 @)(a) The cabinet may determine that the requirements for air quality monitoring of 

11 PMlo in Section 11 of this administrative regulation shall not apply to a particular source 

12 or modification, if: 

13 1. The owner or operator of the source or modification submitted an application for a 

14 permit under this section on or before June I, 1988; and 

15 2. The cabinet subsequently determines that the application as submitted before that 

16 date was complete, except for the requirements for monitoring particulate matter 

17 specified in Section 1 1 of this administrative regulation. 

18 (b) The requirements for air quality monitoring of PMlo in Section 11 of this 

19 administrative regulation shall apply to a particular source or modification if the owner or 

20 operator of the source or modification submitted an application for a permit under 40 

21 C.F.R. 52.21 or this administrative regulation after June 1, 1988, and not [?el later than 

22 December I, 1988. 

23 1. The data shall have been gathered over at least the period from February 1,1988, 
to the date the application becomes complete in accordance with Section 11 of this 

administrative regulation; and 

2. If the cabinet determines that a complete and adequate analysis can be 

accomplished with monitoring data over a shorter period, which may not to be less than 

four (4) months, the data that Section 11 of this administrative regulation requires shall 

have been gathered over that shorter period. 

(9) Jf the owner or operator of the source or modification submitted an 

application for a permit 

before the date the ~rovisions embodving the maximum allowable increases for 

PMin took effect me-ecabinetsubseauentlv determined that the a~plication as - 

submitted before that date was com-plete! the requirements of Section 9!2] of this 

administrative reaulation shall: 

increase for PMla; - and 

(b! Agp I[ 0 th 

the 44 
2 

3 -1 

4 Section 8. Control Technology Review. (1) A major stationary source or major 

5 modification shall meet each applicable emissions limitation under the Kentucky SIP 

6 and each applicable emissions standard and standard of performance pursuant to 40 

7 C.F.R. [twk4Q C.!?.k] Parts 60 and 61. 

8 (2) A new major stationary source shall apply BACT for each regulated NSR 

9 pollutant for which the source has the potential to emit in significant amounts. 

10 (3) A major modification shall apply BACT: 

11 (a) For each regulated NSR pollutant that results in a significant net emissions 

12 increase at the source; and 

13 (b) For each proposed emissions unit at which a net emissions increase in the 

14 pollutant occurs as a result of a physical change or change in the method of operation 

15 of the unit. 

16 (4) For phased construction projects: 

17 (a) The cabinet shall review and modify, as appropriate, the BACT determination at 

18 the latest reasonable time occurring [iw] later than eighteen (18) months prior to 

19 commencement of construction of each independent phase of the project; and 

20 (b) If reauested by the cabinet, the -1 owner or operator of the applicable 

21 stationary source shall 1-1 demonstrate the adequacy of a 

22 previous BACT determination for the source. 

23 Section 9. Source Impact Analysis. The owner or operator of the pmpsed source 
1 or modification shall demonstrate that allowable emissions increases from the proposed 

2 source or modification, in conjunction with all other applicable emissions increases or 

3 reductions, including secondary emissions, shall not cause or contribute to air pollution 

4 in Golation of: 

5 (1 ) A national ambient air quality standard in an air quality control region; or 

6 (2) An applicable maximum allowable increase over the baseline concentration in 

7 any area. 

8 Section 10. Air Quality Models. (1) Estimates of ambient concentrations shall be 

9 based on the applicable air quality models, databases, [-I and other 

10 requirements specified in 40 C.F.R. Part 51, Appendix W, "Guideline on Air Quality 

1 1 Models," Appendix A." [n] 

12 (2) If an air quality model specified in 40 C.F.R. Part 51, Appendix W, is 

13 inappropriate, the model may be modified or another model substituted. 

14 (a) The use of a modified or substitute model shall be: 

15 1. Subject to notice and opportunity for public comment under 401 KAR 52:100; and 

16 2. Approved in writincl by the US. EPA pursuant to 40 C.F.R. 51.166(1). [lkhcbww 

17 4 G.S. frnm?,4] 

18 (b) Methods similar to those outlined in the "Workbook for the Comparison of Air 

19 Quality Models," specified in 401 KAR 50:040, Section 1(3), shall be used to determine 

20 the comparability of air quality models. 

21 Section 1 1. Air Quality Analysis. (I) Preapplication analysis. 

22 (a) An application for a permit or permit revision under 401 KAR 52:020 and this 

23 administrative regulation shall contain 'an analysis of ambient air quality in the area that 
the major stationary source or major modification will affect for each of the following: 

1. For a source, each pollutant that the source will have the potential to emit in a 

significant amount; 

2. For a modification, each pollutant that the modification will result in a significant 

net emissions increase. 

(b) For a pollutant that does not have a national ambient air quality standard, the 

analysis shall contain air quality monitoring data the cabinet determines necessary to 

assess ambient air quality for that pollutant in an area that the emissions of that 

pollutant will affect. 

(c) For pollutants, other than nonmethane hydrocarbons, for which a standard exists, 

the analysis shall contain continuous air quality monitoring data gathered to determine if 

emissions of that pollutant will cause or contribute to a violation of the standard or a 

maximum allowable increase. 

(d) 1. The required continuous air quality monitoring data shall have been gathered 

over a period of at least one (1) year and shall represent at least the year preceding 

receipt of the application. 

2. If the cabinet determines that a complete and adequate analysis may be 

accomplished with monitoring data gathered over a period shorter than one (1) year, 

that period shall be not less than four (4) months. 

(e) For analysis of volatile organic compounds, the owner or operator of a proposed 

major stationary source or major modification who satisfies all conditions of 40 C.F.R. 

Part 51, Appendix S, section IV may provide postapproval monitoring data for ozone 

instead of providing precdnstructin data as required in this section. 
(f) For air quality monitoring of PMlo under Section 7(8)(a) and (b) of this 

administrative regulation, the owner or operator of the source or major modification shall 

use a monitoring method approved by the cabinet pursuant to 40 C.F.R. Part 53 and 

shall estimate the ambient concentrations of PMlo using the data collected by that 

approved monitoring method in accordance with estimating procedures approved by the 

cabinet pursuant to 40 C.F.R Part 58, Appendix A. 

(2) Postconstruction monitoring. After construction of a major stationary source or 

major modification, the owner or operator shall conduct ambient monitoring that the 

cabinet determines is necessary to determine the effect emissions from the stationary 

source or modification may have, or are having, on air quality in an area. 

(3) Operation of monitoring stations. During the operation of air quality monitoring 

stations, the owner or operator of a major stationary source or major modification shall 

meet the requirements of 40 C.F.R. Part 58, Appendix A [&pedix%] to satisfy the air 

quality analysis requirements of this section. 

Section 12. Source Information. The owner or operator of a proposed source or 

modification shall submit to the cabinet all information necessary to perfoh an analysis 

or make a determination required under this administrative regulation. 

(1) The information shall include: 

(a) A description of the nature, location, design capacity, and typical operating 

schedule of the source or modification, including specifications and drawings showing 

its design and plant layout; 

(b) A detailed schedule for construction of the source or modification; and 

(c)A detailed description of ,the system of continuous emissions reduction planned 
1 fo~ the source or modification, emissions estimates, and any [etkeF] information 

2 necessary to determine that BACT will be applied. 

3 (2) Upon request of the cabinet, the owner or operator shaH also provide information 

4 on: 

5 (a) The air quality impact of the source or modification, including meteorological and 

6 topographical data necessary to estimate the impact; and 

7 (b) The air quality impacts and the nature and extent of general -commercial, 

8 residential, industrial, and other growth that has occurred since August 7, 1977, in the 

9 area the source or modification will affect. 

10 Section 13. Additional Impact Analysis. (1) The owner or operator shall provide an 

analysis of the impairment to visibility, soils, and [seWa&] vegetation that will occur as 

a result of: 

(a) The source or modification; and 

(b) General commercial, residential, industrial, and 1-1 other growth 

associated with the source or modif cation. 

(2) The owner or operator shall not be required to provide an analysis of the impact 

on vegetation having [MI] significant commercial or recreational value. . 

(3) The owner or operator shall provide an analysis of the air quality impact 

19 projected for the area as a result of general commercial, residential, industrial, and 

20 ['i] other growth associated with the source or modification. 

21 (4) Visibility monitoring. 

22 (a) If the cabinet reauires monitoang of,v~s~blWv . . . . .. . <d & 

23 shal I 
1 be performed . . . . .. . 

2 g] using: 

3 - I. [o] Human observations; 

4 2. - [@)I Teleradiometers; 

5 - 3. [fall Photographic cameras; 

6 4 - [f411 Nephelometers; 

7 - 5. [fall Fine particulate monitors; or 

8 & -[@)]-Other U.S. EPA-approved methods [[ 

10 (b) The method selected shall be determined on a case-by-case basis by the cabinet 

1 1 pursuant to 40 C.F.R. 51.166. [tabi~&] 

12 (c) visibility monitoring required by the cabinet in a Class I area shall be approved by 

13 the federal land manager 

14 (d) Data obtained from visibility monitoring shall be made available to the cabinet, 

15 the U.S. €PA, and the federal land manager, upon request. 

16 Section 14. Sources Impacting Class I Areas; Additional Requirements. (1) Notice 

17 to U.S. EPA and federal land managers. The cabinet shall provide;[+] 

18 (a) Written notice to the U.S. €PA, the federal land manager, and the federal official 

19 charged with direct responsibility for management of lands within a Class I area of a 

20 permit application for a proposed major stationary source or major modification that may 

21 affect the Class 1 area. 

22 (b) Notice promptly after receiving the permit application. The notice shall: 

23 1. Include a copy of all information relevant to the permit a~~lication; [ appktbw] 

22 
1 2. Be given within thirty (30) days of receipt and at least sixty (60) days prior to the 

2 public hearing on the application for a permit to construct; 

3 3. Include an analysis of the proposed source's anticipated impacts on visibility in the 

4 Class I area. 

5 (c) The cabinet shall also provide the federal land manager and other federal 

6 officials with a copy of the preliminary determination and shall make available to them 

7 the materials used in making that determination, promptly after the cabinet makes it. 

8 The cabinet shall also notify all affected federal land managers within thirty (30) days of 

9 receipt of an advanced notification of the permit application. 

10 (2) Federal land manager. The federal land manager and the federal official charged 

11 with direct responsibility for management of lands located in a Class I area shall have 

12 an affirmative responsibility to protect visibility and other air quality related values of the 

13 lands and to consider, in consultation with the cabinet, if a proposed source or 

14 modification will have an adverse impact on those values. 

15 (3) Visibility analysis. 

16 (a) The cabinet shall consider an analysis performed by the federal land manager, 

17 which is provided within thirty (30) days of the notice and analysis required by 

18 subsection (I) of this section, which shows that a proposed new major stationary source 

19 or major modification may have an adverse impact on visibility in a Class I area. 

20 (b) If the cabinet finds the analysis does not demonstrate to the cabinet's satisfaction 

21 that an adverse impact on visibility will result in the Class I area, the cabinet shall, in the 

22 public notice required in 401 KAR 52:100, either explain that decision or give notice as 

23 to where the explanation may be obtained. 
1 (4) Denial; impact on air quality related values. 

2 (a) The federal land manager of lands located in a Class I area may demonstrate to 

3 the cabinet that the emissions from a proposed source or modification will have an 

4 adverse impact on the visibility and other air quatity related values of those lands, even 

5 though the change in air quality resulting from emissions from the proposed source or 

6 modification will not cause or contribute to concentrations that will exceed the maximum 

7 allowable increases for a Class 1 area. 

8 (b) If the cabinet concurs with the demonstration specified in paragraph (a) of this 

9 subsection, the cabinet shall not issue the permit or permit revision. 

I0 (5) Class 1 variances. 

11 (a) The owner or operator of a proposed source or modification may demonstrate to 

12 the federal land manager that the emissions from the source or modification will not 

13 have [kwe-w] adverse impact on the visibility or other air quality related values of lands 

14 located in a Class I area, even though the change in air quality resulting from emissions 

15 from the source or modification will cause or contribute to concentrations that will 

16 exceed the maximum allowabie increases for a Class I area as specified in Section 2(1) 

17 of this administrative regulation. 

18 (b) J fe 'ta io s are n ces it or permit 

20 dioxide? particulate matter. and nitroa- u 

22 as specified in Sectioo gulation if: 
parapv: and 

[

2. The other acmlicable reauirements of this administrative reaulation are met. 

. . -1 

(6) Sulfur dioxide variance by governor with federal land manager's concurrence. I 

(a) The owner or operator of a proposed source or modification, which cannot be 

approved under subsection (5) of this section because the source cannot be 

constructed without exceeding a maximum allowable increase in sulfur dioxide 

applicable to a Class I area for a period of twenty-four (24) hours or less, may 

demonstrate to the Governor of the Commonwealth of Kentucky that a variance will not 

adversely affect the visibility or other air quality related values of the area. 

(b) The governor, after consideration of the federal land manager's recommendation, 

if applicable, and subject to the federal land manager's concurrence, 1-1 

may, after notice and public hearing, grant a variance from the maximum allowable 

increase. 

(c) If a variance is granted, the cabinet shall issue a permit or permit revision to the 

source or modification under the requirements of 401 KAR Chapter 52 if the other 
1 applicable requirements of this administrative regulation are met. 

2 (7) Variance by the governor with the President's concurrence. 

3 (a) If the Governor of the Commonwealth of Kentucky recommends a variance in 

4 which the federal land manager does not concur, the recommendations of the governor 

5 and the federal land manager shall be transmitted to the President of the United States 

6 of America. 

7 (b) If the variance is approved by the President, the cabinet shall issue a permit or 

8 permit revision in accordance with the requirements of 401 KAR Chapter 52, if the other 

9 applicable requirements of this administrative regulation are met. 

10 (8) Emissions limitations for presidential or gubernatorial variance. For a permit or 

I I permit revision issued pursuant to subsections (6) or (7) of this section, the [se&eN&e] 

- 12 source or modification shall comply with the emissions limitations necessary to assure 

1.3 that: 

14 (a) Emissions of sulfur dioxide from the source or modification shall not, during a day 

15 on which the other applicable maximum allowable increases are exceeded, cause or 

16 contribute to concentrations that will exceed the maximum allowable increases over the 

17 baseline concentration as specified in the following table; and 

Maximum Allowable Increase 

(Micrograms per cubic meter) 

Period 

of I Low lHgh I 

Exposure I I I 

24-hour maximum 36 62 
I 3-hour maximum 1 130 1 221 I I I I 1 

(b) Emissions shall not cause or contribute to concentrations that exceed other 

applicable maximum allowable increases for periods of exposure of twenty-four (24) 

hours or less for more than a total of eighteen (18) days that [wkisk] are not necessarily 

consecutive during an annual period. 

Section 15. Public Participation. The cabinet shall follow the applicable procedures 

of 401 KAR 52300, [&I 40 C.F.R. 51.166(q), [5&4-%(@] and this administrative 

regulation in processing applications under this administrative re'gulation. 

Section 16. Source Obligation. (1) An owner or operator of a source or modification 

subject to this administrative regulation who begins actual construction after September 

22, 1982, shall construct and operate the source or modification in accordance with the 

application submitted to the cabinet under this administrative regulation and 401 KAR 

52:020 or under the terms of an approval to construct. 

(2)(a) Approval to construct shall become invalid if construction: 

1. Is not commenced within eighteen (1 8) months after receipt of the approval; 

2. Is discontinued for a period of eighteen (18) months or more; or 

3. Is not completed within a reasonable time. 

(b) The cabinet may extend the eighteen (18) month period upon a satisfactory 

demonstration [skwmg] that an extension is justified. 

1. An extension shall not apply to the time period between construction of the 

approved phases of a phased construction project; and 

2. Each phase shall commence construction within eighteen (18) months of the 

projected and approved commencement date. 
1 (3) Approval to construct shall not relieve afi owner or operator of the responsibility 

2 to comply fully with 401 KAR Chapters 50 to 68 and other requirements of local, state, 

3 or federal law. 

4 (4) If a particular source or modification becomes a major stationary source or major 

5 modification solely by virtue of a relaxation in an enforceable limitation that was 

6 established after August 7, 1980, on the capacity of the source or modification to emit a 

7 pollutant, Sections 8 to 16 of this administrative regulation shall apply to the source or 

8 modification as though construction had not yet commenced on the source or 

9 modification. 

I0 (5)(a) The provisions of this subsection shall apply to projects at existing emissions 

11 units at a major stationary source other than projects at a [-I source with 

I2 aPAL,if: 

13 1. There is a reasonable possibility that a project that is not part of a major 

14 modification may result in a significant emissions increase; and 

15 2. The owner or operator elects to use the method specified in 401 KAR 51:001, 

16 Section 1 J199)(b) [o] to calculate projected actual emissions. 

17 (b) Before beginning actual construction of a project specified in paragraph (a) of this 

18 subsection, the owner or operator shall document and maintain a record of the following 

19 information: 

20 1. A description of the project; 

2 1 2. Identification of the emissions units for which emissions of a regulated NSR 

22 pollutant could be affected by the project; and 

,23 3. A. description of the applicability test used to determine that the project is not a 
major modification for any regulated NSR pollutant, including: 

a. Baseline actual emissions; 

b. Projected actual emissions; 

c. Amount of emissions excluded in calculating projected actual emissions and an 

explanation for why that amount was excluded; and 

d. Any applicable netting calculations. 

(c) For a project specified in paragraph (a) of this subsection, the owner or operator 

shall: 

1. Monitor the emissions of any regulated NSR pollutant that could increase as a 

result of the project and that are emitted by any emissions unit identified in paragraph 

I I (b)2 of this subsection; and 

12 2. Calculate and maintain a record of the annual emissions, in tons per year on a 

13 calendar year basis for: 

14 a. Five (5) years following resumption of regular operations after the change; or 

15 b. Ten (10) years following resumption of regular operations after the change if the 

project increases the design capacity or potential to emit of the regulated NSR pollutant 

at the emissions unit. 

(d)[?T] If the emissions unit is an existing EUSGU, before beginning actual 

construction, the owner or operator. 

1. Shall provide a copy of the information in paragraph (b) of this subsection to the 

cabinet. but shall not be required to obtain a determination from the cabinet before 

bainninq actual construction: and [epeab~ 

U. e3 
2 h 

3 -1 

4 2. Shall submit a report to the cabinet within sixty (60) days after the end of each 

5 year during which records are required to be generated under paragraph (b) of this 

6 subsection that reports [sehm#] the unit's annual emissions during the calendar year 

7 that preceded submission of the report. 

8 (e)l . For an existing unit other than an EUSGU, the owner or operator shall submit a 

9 report to the cabinet if: 

10 a. The annual emissions, in tons per year, from a project identified in paragraph (a) 

I1 of this subsection exceeds the baseline actual emissions, as documented and 

12 maintained pursuant to paragraph (b)3 of this subsection, by a significant amount for 

13 that regulated NSR pollutant; and 

14 b. The emissions differ from the preconstruction projection as documented and 

15 maintained pursuant to paragraph (b)3 of this subsection. 

16 2. The report shall be submitted within sixty (60) days after the end of the year 

17 during which records are required to be generated under paragraph (b) of this 

18 subsection and shail contain the following: 

19 a. The name, address, and [u] telephone number of the major stationary 

20 source; 

2 1 b. The annual emissions as calculated pursuant to paragraph (c) of this subsection; 

22 and - 

23 c. Any other information that the owner or operator wishes to include in the report. 
1 (f) The owner or operator of the source shall make the information required to be 

2 documented and maintained under to this subsection available for review upon request 

3 for inspection by the cabinet or the general public pursuant to 401 KAR 52:100. 

Section 17. Environmental Impact Statements. If a proposed source or modification 

is subject to action by a federal agency that may necessitate preparation 

of an environmental impact statement under 42 U,S.C. 4321 to 4370d (the National 

Environmental Policy Act), review by the cabinet conducted in accordance with this 

administrative regulation shall be coordinated with the broad environmental reviews 

under that Act and under 42 U.S.C. 7609 to the maximum extent feasible and 

reasonable. 

Section 18. Innovative Control Technology. (1) An owner or operator of a proposed 

major stationary source or major modification may make written request that the cabinet 

. . apDrove a system of innovative control technoloav. [[ 

[I 

(2) The cabinet may, with the consent of the governors of other affected states, 

determine that the source or modification may employ a system of innovative control 

technology if: 

(a) The proposed control system will not cause or contribute to an unreasonable risk 

to public health, welfare, or safety in its operation or function; 

20 (b) The owner or operator agrees to achieve a level of continuous emissions 

21 reduction equivalent to that which would have been required under Section 8(2) of this 

22 administrative regulation by a date, specified [&k+e&M] by the cabinet that is not 

23 later than four (4) years from the time of start-up or seven (7) years from wrmQ 

3 1 
1 issuance; [Irrllhilll\t. TT 

3 (c) The source or modification shall [MI] meet requirements equivalent to those in 

4 Sections 8 and 9 of this administrative regulation based on the emissions rate that the 

5 stationary source employing the system of innovative control technology shall [W] be 

6 required to meet on the date specified by the cabinet; 

7 (d) The source or modification shall [W] not before the date specified by the 

8 cabinet: 

9 1. Cause or contribute to a violation of an applicable national ambient air quality 

10 standard; or 

11 2. Impact an area in which an applicable increment is known to be violated; 

12 (e) Section 14 of this administrative regulation relating to Class I areas has been 

13 satisfied for all periods during the life of the source or modification; and 

14 (f) All other applicable requirements including those for public participation have 

15 been met. 

16 (3) The cabinet shall withdraw approval to employ a system of innovative control 

17 technology if: 

18 (a) The proposed system fails by the specified date to achieve the required 

19 continuous emissions reduction rate; 

20 (b) The proposed system fails before the specified date and contributes to an 

21 unreasonable risk to public health, welfare, or safety; or 

22 (c) The cabinet decides that the proposed system is unlikely to achieve the required 

23 level of control or to protect the public health, welfare, or safety. 
1 (4) If a source or modification fails to meet the required level of continuous 

2 emissions reduction within the specified time period or the approval is withdrawn in 

3 accordance with subsection (3) of this section, the cabinet may allow the source or 

4 modification up to an additional three (3) years to meet the requirement for the 

5 application of BACT through use of a demonstrated system of control. 

6 Section 19. Permit Condition Rescission. (l)(a) An owner or operator holding a 

7 permit for a stationary source or modification [W3 contains conditions pursuant 

8 to 401 KAR 5l:Ol5 or [4€&&4R] 51 :016E may request that the cabinet rescind the 

9 applicable conditions. 

10 (b) An owner or operator of a stationary source or modification who holds a permit 

11 for the source or modification that [W] was issued under this administrative 

12 regulation as in effect on July 30, 1987, or an earlier version of this administrative 

13 regulation, may request that the cabinet rescind the permit or a particular portion of the 

14 permit. 

15 (2) The cabinet shall rescind a permit condition if requested and if the applicant can 

16 demonstrate to the satisfaction of the cabinet that this administrative regulation does not 

17 apply to the source or modification or to a portion of the source or modification. 


















18 9 Thn -. l law 

19 
17 "a. ~4 

7 

8 81 

9 Section a[=] Plant-wide Applicability Limit Provisions. The cabinet shall onlv 

10 [may] approve the use of an actuals PAL (PAL) for an existing major stationary source 

11 if the PAL meets the requirements of this section. 

12 (I ) General provisions. 

13 (a) An owner or operator may execute a project without triggering major NSR, if the 

14 source maintains its total source-wide emissions below the PAL level, meets the 

15 requirements in this section, and complies wit@ the PAL permit. If these conditions are 

16 met, a project: 

17 1. Shall not be considered a major modification for the PAL pollutant; 

18 2. Shall not have to be approved through Kentucky's major NSR program; and 

19 3. Shall not be subject to the provisions of Section 16(4) of this administrative 

20 regulation concerning restrictions on relaxing enforceable emission limitations that a 

- 

21 major stationary source used to avoid applicability of the major NSR program. 

22 (b) Except as provided under subparagraph (1 Xa)3.of this section, a major stationary 

23 source shall continue to comply with all applidle federal or state requirements, 
1 emissions limitations, and work practice requirements that were established prior to the 

2 effective date of the PAL. 

3 (2) Permit application requirements. The owner or operator of a major stationary 

4 source shall submit the following information to the cabinet for approval as part of an 

application for a permit or permit revision requesting a PAL: 

(a) A list of all emissions units at the source designated as small, significant, or 

[sgm#k&w] major, based on their potential to emit; 

(b) Identification of the federal and state applicable requirements, emissions 

limitations, and work practice requirements that apply to each emissions unit; 

(c) Calculations of the baseline actual emissions for the emissions units with 

supporting documentation, including emissions associated with startup, shutdown, and 

malfunction; and 

(d) The calculation procedures the owner or aperator proposes to use to convert the 

monitoring system data to monthly emissions and annual emissions based on a twelve 

(12) month rolling total for each month as required by subsection (12)(a) of this section. 

16 (3) Establishing a PAL. The cabinet shall establish a PAL at a major stationary 

17 source in a federally enforceable permit pursuant to the requirements of this section. 

I8 (a) The PAL shall impose an annual emissions limitation in tons per year that is 

19 enforceable as a practical matter for the entire major stationary source. 

20 1. For each month during the PAL effective period after the first twelve (12) months 

21 of establishing a PAL, the owner or operator shall demonstrate -[skeuv] that the sum of 

22 the monthly emissions from each emissions unit under the PAL for the previous twelve 

23 (12) consecutive months is less than the PAL as a twelve (12) month average, rolled 
monthly; and 

2. For each month during the first eleven (1 1) months from the PAL effective date, 

the owner or operator shall demonstrate [shew] that the sum of the preceding monthly 

emissions from the PAL effective date for each emissions unit under the PAL is less 

than the PAL. 

(b) The PAL shall be established in a PAL permit that: 

1. Meets the public participation requirements in subsection (4) of this section; and 

2. Contains all the requirements of subsection (6) of this section. [-I 

(c) A PAL shall include fugitive emissions, to the extent quantifiable, from all 

emissions units that emit or have the potential to emit the PAL pollutant at the major 

stationary source. [MI 

(d) Each PAL shall regulate emissions of only one (I ) pollutant. [m] 

(e) Each PAL shall have a PAL effective period of ten (10) years. [m] 

(f) The owner or operator of a major stationary source with a PAL shall comply with 

the monitoring, recordkeeping, and reporting requirements of subsections (1 1) to (1 3) of 

this section for each emissions unit under the PAL through the PAL effective period. 

[rnl 

(g) Emissions reductions of a PAL pollutant that occur during the PAL effective 

period shall not be creditable as decreases for offsets under 40 C.F.R. 51.165(a)(3)(ii), 

unless: L1. The level of the PAL is reduced by the amount of the emissions reductions; and 

2. The reductions will be creditable in the absence of the PAL. 

(4) Public participation requirements. PALS for existing major stationary sources 
shall be established, renewed, or increased pursuant to this subsection and the 

applicable procedures of 401 KAR 52:100. The cabinet shall: 

(a) Provide the public with notice of the proposed approval of a PAL permit with at 

least a thirty (30) day period for submittal of public comment; and 

(b) Address all material comments before taking final action on a PAL permit or 

permit revision. 

(5) Setting the ten (10) year PAL level. 

(a) The PAL level for a major stationary source shall be the sum of the baseline 

actual emissions of the PAL pollutant for each emissions unit at the source during the 

chosen twenty-four (24) month period plus the applicable significant level for the PAL 

pollutant under the definition for "significant" in 401 KAR 51 :001, Section I [(a)] or 

under 42 U.S.C. 7401-7671~ [#eA&] whichever is lower. 

(b) In establishing a PAL level for a PAL pollutant, only one (1) consecutive twentyfour (24) month period shall be used to determine the baseline actual emissions for all 

existing emissions units. 

(c) A different consecutive twenty-four (24) month period may be used for each 

different PAL pollutant. 

(d) Emissions associated with units that were permanently shutdown after the 

chosen twenty-four (24) month period shall be subtracted from the PAL level. 

(e) Emissions from units for which actual construction began after the twenty-four 

(24) month period shall be added to the PAL level in an amount equal to the potential to 

emit of the units. 

(f) The cabinet shall specify a reduced PAL level in the PAL permit to become 
effective on the future compliance date of any applicable federal or state regulatory 

requirement that the cabinet is aware of prior to issuance of the PAL permit. 

(6) Contents of the PAL permit. The PAL permit shall contain the following 

information: 

(a) The PAL pollutant and the applicable source-wide emissions limitation in tons per 

year; 

(b) The PAL permit effective date and the expiration date of the PAL or PAL effective 

period; 

(c) Specification in the PAL permit that if a major stationary source owner or operator 

applies to renew a PAL under subsection (9) of this section before the end of the PAL 

effective period, the PAL shall remain in effect until a revised PAL permit is issued by 

the cabinet; 

(d) A requirement that emissions calculations for compliance purposes include 

emissions from startups, shutdowns, and [-I malfunctions; 

(e) A requirement that, once the PAL expires, the major stationary source shall be 

[is] subject to the requirements of subsection (8) of this section; 

(f) The calculation procedures that the major stationary source owner or operator 

shall use to convert the monitoring system data to monthly emissions and annual 

emissions based on a twelve (12) month rolling total for each month as required by 

subsection (1 2)(a) of this section; 

(g) A requirement that the major stationary source owner or operator shall monitor all 

emissions units in accordance with the provisions in subsection (12) of this section; 

(h) A requirement that the owner or operator shall retain the records required under 
subsection (12) of this section on site. Records may be retained in an electronic format 

err

-1 ; 

(i) A requirement for the owner or operator to submit the reports required under 

subsection (13) of this section by the required deadlines; and 

(j) Any [0#ef] requirements necessary to implement and enforce the PAL. 

(7) PAL effective period and reopening of a PAL permit. 

(a) A PAL effective period shall be ten (1 0) years. 

(b) The cabinet shall reopen a PAL permit to: 

1. Correct typographical or calculation errors made in setting the PAL; 

2. Reflect a more accurate determination of emissions used to establish the PAL; 

3. Reduce the PAL if the owner or operator of the major stationary source creates 

creditable emissions reductions for use as offsets under 40 C.F.R. 51.165(a)(3)(ii); or 

4. Revise the PAL to reflect an increase in the PAL according to subsection (10) of 

this section. 

(c) The cabinet may reopen the PAL permit, during the PAL effective period, to: 

1. Reduce the PAL to reflect newly applicable federal requirements with compliance 

dates after the PAL effective date; 

2. Reduce the PAL consistent with any [.elkeF] requirement [Wt-k] enforceable as a 

practical matter and imposed on the major stationary source under the SIP; and 

3. Reduce the PAL if the cabinet determines that a reduction is necessary to avoid 

causing or contributing to: 

a. A National Ambient Air Quality Standard (NAAQS) or PSD increment violation; or 
b. An adverse impact on visibility or another air quality related value that has been 

identified for a federal Class I area by a federal land manager and for which information 

is available to the general public. 

(d) All permit reopenings shall be carried out under the public participation 

requirements of subsection (4) of this section except for permit reopenings to correct 

typographical or calculation of errors that do not increase the PAL level. 

(8) Expiration of a PAL. A PAL that is not renewed shall expire at the end of the PAL 

effective period, and [pemckwd] the requirements of this subsection shall then apply. 

(a) Each emissions unit, or each group of emissions units, that existed under the 

PAL shall comply with an allowable emissions limitations under a revised permit 

established as follows: 

1. An owner or operator of a major stationary source using a PAL shall submit a 

proposed allowable emissions. limitation for each emissions unit, or each group of 

emissions units, by distributing the PAL allowable emissions for the major stationary 

source among each of the emissions units that existed under the PAL. 

a. This proposal shall be submitted to the cabinet at least six (6) months before the 

expiration of the PAL permit but not sooner than eighteen (18) months before permit 

expiration. 

b. If the PAL has not yet been adjusted for an applicable requirement that became 

effective during the PAL effective period, as required under subsection (9)(e) of this 

section, distribution of allowable emissions shall be made as if the PAL has been 

adjusted. 

2. The cabinet shall decide the date and procedure the owner or operator shall use 
to distribute the PAL allowable emissions. 

3. The cabinet shall issue a revised permit incorporating allowable limits for each 

emissions unit, or each group of emissions units, as the cabinet determines is 

appropriate. 

(b) Each emissions unit shall comply with the allowable emissions limitation on a 

twelve (12) month rolling basis. The cabinet may approve the use of monitoring systems 

other than CEMS, CERMS, PEMS, or [FWvE-w] CPMS if the alternate monitoring 

[-I compliance with the allowable emissions 

limitation. 

(c) The source shall continue to comply with a source-wide, multiunit emissions cap 

equivalent to the level of the PAL emissions limitation until the cabinet issues the 

revised permit incorporating allowable limits for each emissions unit or each group of 

emissions units. 

(d) A major modification at the major stationary source shall be subject to major NSR 

requirements. 

(e) The major stationary source owner or operator shall continue to comply with any 

state or federal applicable requirements eliminated by the PAL that applied during or 

before the PAL effective period, except for those emissions limitations established 

pursuant to Section 16(4) of this administrative regulation. 

(9) Renewal of a PAL. 

(a) Public participation requirements. 

1. The cabinet shall follow the public participation procedures specified in subsection 

(4) of this section in approving a request to renew a PAL for a major stationary source. 
2. The cabinet shall provide a written rationale for the proposed PAL level for public 

review and comment. 

3. Any person may propose a PAL level for the source for consideration by the 

cabinet during the public review period. 

(b) Application deadline. 

1. A major stationary source owner or operator shall submit an application for 

renewal of a PAL at least six (6) months before the date of permit expiration but not 

earlier than eighteen (1 8) months before permit expiration. 

2. The deadline for application submittal shall ensure that the permit shall not expire 

before the permit is renewed. 

3. If a complete application for renewal is submitted within the timeframe specified in 

subparagraph 1 of this paragraph, the PAL shall continue to be effective until the 

revised permit with the renewed PAL is issued. 

(c) Application requirements. The application to renew a PAL permit shall contain: 

1. The information required in subsection (2) of this section; 

2. A proposed PAL level; 

3. The sum of the potential to emit of all emissions units under the PAL with 

supporting documentation; and 

19 4. Any other information the owner or operator wishes the cabinet to consider in 

20 determining the appropriate level to renew the PAL. 

21 (d) PAL adjustment. 

22 1. A PAL shall not exceed the source's potential to emit. The cabinet shall adjust the 

23 PAL downward if a source's potential to emit has declined below the PAL level. 
2. The cabinet may renew the PAL at the same level as the current PAL if the sum of 

the baseline actual emissions for all emissions units at the source plus an amount equal 

to the significant level is equal to or greater than eighty (80) percent of the current PAL 

level, unless the sum is greater than the source's potential to emit. 

3. If the sum of the baseline actual emissions for all emissions units at the source 

plus an amount equal to the significant level is less than eighty (80) percent of the 

current PAL level, the cabinet may set the PAL at a different level if the level [MI is 

determined to be: 

a. More representative of the source's baseline actual emissions; or 

b. Appropriate considering the following factors: 

(i) Air quality needs; 

(ii) Advances in control technology; 

(iii) Anticipated economic growth in the area of the source; 

(iv) The cabinet's goal of promoting voluntary emissions reductions; 

(v) Cost effective emissions control alternatives; and 

(vi) Other factors as specifically identified by the cabinet in its written rationale for 

setting the PAL level. 

4. The cabinet shall not approve a renewed PAL level higher than the current PAL, 

unless the major stationary source has complied with the provisions of subsection (10) 

of this section. 

(e) The PAL shall be adjusted in coniunction with [- PAL permit renewal 

or Title V permit renewal, whichever comes first, if: 

1. The compliance date for a state or federal applicable requirement that applies to 
the PAL source occurs during the PAL effective period; and 

2. The cabinet has not already adjusted for the [&I requirement. 

(10) Increasing a PAL during the PAL effective period. The cabinet may increase a 

PAL emissions limitation during the PAL effective period if the major stationary source 

complies with the provisions of this subsection. 

(a) Application procedures. To request an increase in the PAL limit for a PAL major 

modification, the owner or operator of the major stationary source shall submit a 

complete application, which shall include: 

1. Identification of the emissions units contributing to the increase in emissions that 

cause the source's emissions to equal or exceed its PAL; 

2. Demonstration that the increased PAL, as calculated in paragraph (c) of this 

subsection, exceeds the PAL; and 

a. The level of control that results from BACT equivalent controls on each significant 

or major emissions unit shall be determined by conducting a new BACT analysis yitJ 

the[

... ,] unless the emissions 

unit is currently required to comply with a BACT or LAER requirement that was 

established within the preceding ten (1 0) years; 

b. If an emissions unit currently complies with BACT or LAER, the assumed control 

level for that emissions unit shall be equal to the current level of BACT or LAER for that 

emissions unit; and 

3. A statement that the increased PAL level shall be effective on the day any 

emissions unit that is part of the PAL major modification becomes operational and 

begins to emit the PAL pollutant. 
(b) NSR permit and compliance requirement. The owner or operator shall obtain a 

major NSR permit for all emissions units contributing to the increase in emissions for the 

PAL major modification. 

1. A significant level shall not apply in deciding for which emissions units a major 

NSR permit shall be obtained; and 

2. Emissions units that obtain a major NSR permit shall comply with any emissions 

requirements resulting from the major NSR process, even though the units shall also 

become subject to the PAL or shall continue to be subject to the PAL. 

(c) Calculation of increased PAL. The cabinet shall calculate the new PAL as the 

sum of the allowable emissions for each modified or new emissions unit, plus the sum 

of the baseline actual emissions of the significant and major emissions units assuming 

application of BACT equivalent controls, plus the sum of the baseline actual emissions 

of the small emissions units. 

(d) Public notice requirement. The public notice requirements of subsection (4) of 

this section shall be followed during PAL permit revision for an increased PAL level. 

(1 1) Monitoring requirements for PALS. 

(a) General requirements. 

1. Each PAL permit shall contain enforceable requirements for the chosen 

monitoring system that accurately determines plant-wide emissions of the PAL pollutant 

in terms of mass per unit of time; 

2. A monitoring system authorized for use in the PAL permit shall be: 

a. Approved by the cabinet pursuant to this subsection; [caM~&] and 

b. Based on sound science and meet generally acceptable scientific procedures for 
data quality and manipulation; 

3. The data generated by a monitoring system shall meet minimum legal 

requirements for admissibility in a judicial proceeding to enforce the PAL permit; 

4. The PAL monitoring system shall employ one (1) or more of the four (4) general 

monitoring approaches meeting the minimum requirements set forth in paragraph (b) of 

this subsection; 

5. The cabinet may approve an alternative monitoring approach that meets the 

requirements of subparagraphs 1 to 3 of this paragraph; and 

6. Failure to use a monitoring system that meets the requirements of this section 

shall render the PAL invalid. 

(b) Minimum performance requirements for approved monitoring approaches. If 

conducted in accordance with the minimum requirements in paragraphs (c) to (i) of this 

subsection, the following shall be acceptable monitoring approaches: 

1. Mass balance calculations for activities using coatings or solvents; 

2. CEMS; 

3. CPMS or PEMS; and 

4. Emission factors. 

(c) Mass balance calculations. An owner or operator using mass balance 

calculations to monitor PAL pollutant emissions from activities using coatings or 

solvents shall: 

1. Provide a demonstrated means of validating the published content of the PAL 

pollutant [#h#-k] contained in or created by all materials used in or at the emissions 

unit; 
2. If the PAL pollutant cannot be accounted for in the process, assume that the 

emissions unit emits all of the PAL pollutant [#ha&&] contained in or created by any raw 

material or fuel used in or at the emissions unit; and 

3. If the vendor of the material or fuel from which the pollutant originates publishes a 

range, use the highest value of the published range of pollutant content to calculate the 

PAL pollutant emissions, unless the cabinet determines there is site-specific data or a 

site-specific monitoring program to support another pollutant content within the range. 

(d) CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions 

shall meet the following requirements: 

1. CEMS shall comply with applicable performance specifications found in 40 C.F.R. 

Part 60, Appendix B; and 

2. CEMS shall sample, analyze, and record data at least every fifteen (15) minutes 

while the emissions unit is operating. 

(e) CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor PAL 

pollutant emissions shall meet the following requirements: 

1. The CPMS or the PEMS shall be based on current site-specific data 

demonstrating a correlation between the monitored parameter and the PAL pollutant 

emissions across the range of operation of the emissions unit; and 

2. While the unit is operating, each CPMS or PEMS shall sample, analyze, and 

record data at least every fifteen (15) minutes, or at another less frequent interval if 

approved by the cabinet. 

(f) Emission factors. An owner or operator using emission factors to monitor PAL 

pollutant emissions shall meet the following requirements: 
1 1. All emission factors shall be adjusted, if appropriate, to account for the degree of 

2 uncertainty or limitations in the factors' development; 

2. The emissions unit shall operate within the designated range of use for the 

emission factor, if applicable; and 

3. The [[owner or operator of a significant emissions 

unit that relies on an emission factor to calculate PAL pollutant emissions shall conduct 

validation testing to determine a site-specific emission factor within six (6) months of 

PAL permit issuance if the cabinet determines that the testina is required and 

technicallv oracticable [[ 

-1 

(g) A source owner or operator shall record and report maximum potential emissions 

without considering enforceable emissions limitations or operational restrictions for an 

emissions unit during any period of time there is no monitoring data, unless another 

method for determining emissions during such periods is specified in the PAL permit. 

(h) If an owner or operator of an emissions unit cannot demonstrate a correlation 

between the monitored parameters and the PAL pollutant emissions rate at all operating 

points of the emissions unit, as an alternative to the requirements of paragraphs (c) to 

(g) of this subsection, in coniunction with [w permit issuance the cabinet 

shall: 

1. Establish default values for determining compliance with the PAL based on the 

highest potential emissions reasonably estimated at operating points; or 

2. Determine that operation of the emissions unit during operating conditions if 

[vvken] there is not a [rte] correlation between monitored parameters and the PAL 
pollutant emissions is a violation of the PAL. 

(i) Revalidation. All data used to establish the PAL pollutant shall be revalidated 

ientifically valid means if [F . . through performance testing or other sc 

means] approved by the cabinet. Validation testing shall occur at least once every five 

(5) years after issuance of the PAL. 

(1 2) Record keeping requirements. 

(a) The PAL permit shall require an owner or operator to retain a copy of all records 

necessary to determine compliance with any requirement of this section and of the PAL, 

including a determination of each emissions unit's twelve (12) month rolling total 

emissions for five (5) years from the date of the determination. 

(b) The PAL permit shall require an owner or operator to retain a copy of the 

following records for the duration of the PAL effective period plus five (5) years: 

1. A copy of the PAL permit application and any applications for revisions to the 

PAL; and 

2. Each annual certification of compliance pursuant to Title V and the data used to 

certify compliance. 

17 (13) Reporting and notification requirements. The owner or operator shall submit 

18 semiannual monitoring reports and prompt deviation reports to the cabinet in 

19 accordance with 401 KAR -:and44 [CkpW42] that meet the 

20 following requirements: 

21 (a) Semiannual report. The semiannual report shall be submitted to the cabinet 

22 within thirty (30) days of the end of each reporting period and shall contain: 

23 1. The identification of owner and operator and the permit number; 
1 2. Total annual emissions, in tpy, based on a twelve (12) month rolling total for each 

2 month in the reporting period recorded pursuant to subsection (12)(a) of this section; 

3 3. All data used in calculating the monthly and annual PAL pollutant emissions, 

4 including any quality assurance or quality control data; 

5 4. A list of any emissions units modified or added to the major stationary source 

6 during the preceding six (6) month period; 

5. The number, duration, and cause of any deviations or monitoring malfunctions, 

other than the time associated with zero and span calibration checks, and any 

corrective action following a deviation; 

6. A notification of permanent or temporary shutdown of any monitoring system 

including: 

a. The reason for the shutdown; 

b. The anticipated date that the monitoring system shall be fully operational or shall 

be replaced with another monitoring system; 

c. If applicable, a statement that the emissions unit monitored by the monitoring 

system continued to operate without the monitoring system; and 

d. The calculation of the emissions of the pollutant or the number determined 

according to subsection (I l)(g) of this section that is included in the permit; and 

7. A signed statement by the responsible official, as defined by 401 KAR 51:001, 

Section 1(210), [w] certifying the truth, accuracy, and completeness of the 

information provided in the semiannual report. 

(b) Deviation report. The major stationary source owner or operator shall submit 

reports of any deviation or exceedance of the PAL requirements, including periods 
monitoring is unavailable. 

1. A report submitted pursuant to 40 C.F.R. 70.6(a)(3)(iii)(B) shall satisfy the 

deviation reporting requirement; 

2. The deviation report shall be submitted within the time limits prescribed by 40 

C.F. R. 70.6(a)(3)(iii)(B); 

3. The deviation report shall contain the following information: 

a. The identification of the owner, the operator, and [w] the permit 

number; 

b. The PAL requirement that experienced the deviation or that was exceeded; 

c. Emissions resulting from the deviation or the exceedance; and 

d. A signed statement by the responsible official, as defined by 401 KAR 51:001, 

Section 1(210), [-I certifying the truth, accuracy, and completeness of the 

information provided in the report. 

(c) Revalidation results. The owner or operator shall submit to the cabinet the results 

of any revalidation test or method within three (3) months after completion of the test or 

method. 

(1 4) Transition requirements. 

18 (a) After the U.S. EPA approves the Kentucky SIP revisions for the PAL provisions 

19 published in 67 Fed. Reg. 80186, December 31, 2002, the cabinet shall only issue a 

20 PAL that complies with the requirements of this section. 

2 1 (b) The cabinet may supersede a PAL that was established before Auaust 10, 2006, 

. . . . 22 [thw%&be 5.). EPhs ?<- 

23 with a different PAL if the new 
PAL [W] complies with the requirements of this administrative regulation. [se&bw 

Date Leonard K. Peters, Secretary 

Energy and Environment Cabinet