### (222)[@26)] "SO2"means sulfurdioxide. m[@27)] "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 emissionsto 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 necessaryto comply with 401 KAR 

### Chapter51. 

### (227)[(23+] "Standard conditions" means: (a) Forsource 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" meansthe most recentlyprepared planor revision required by42 U.S.C. 7410that has been approved

### by the 

### U.S. EPA. (2302[o]

### "Stationary source" means a building, structure, facility, or installation that emitsor may emit a regulated NSR 

### pollutant. (231)[fiMj] "Submitn means to send or transmit 

### a document; information, orcorrespondence in accordancewith an applicable requirement. 

### (232)[w] "TAPPI" means TechnicalAssociationof 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 isterminated. (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 equivalentof the recorded hourlyemissions 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 bythe method described in

### 40 C.F.R. Part50, Appendix 

### 8. (236)[w] "tpy" meanstons peryear. (237)[f241)] "TSSmeanstotal suspended solids.

(238)[@@)] "Uncombined water" means water that 

### can be separated from a compound by ordinary physical means and that is not boundto 

### a compound 

### by internal molecularforces. {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"meansthe UnitedStates Environmental ProtectionAgency. (243)[w]"UTMmeans UniversalTransverse Mercator. (244)[(248j] "Visibility impairment" means a humanly perceptiblechange invisibility such as visual range, contrast, or coloration, from that which would have existed under 12 naturalconditions. 13 (245)[(249-)] "Volatile organic compound" or "VOC is defined in 40 C.F.R. 14 51.100(s). 15 (246)1oj]"ydnmeans yard. 16 Section2. Incorporation

### by Reference. (1) The following materialis incorporated 

### by 17 reference: 18 (a) "Standard IndustrialClassificationManual," [Man+&] 1987, as published bythe 19 Office

### of Managementand 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 duringthe normal working hoursof 

### 8 a.m. to 4:30 p.m., localtime: 

### (a) Kentucky Divisionfor Air Quality, 200 Fair Oaks Lane. 

### lSt floor, 

## -1 Frankfort, Kentucky40601-1403, J502)564-3999; [@€Q) 573-3384 (b) Ashland Regional Office, 1550 Wolohan Drive, Suite 1, Ashland, Keritucky 41102, (606) 929-5285; (c) Bowling Green Regional Office, 1508 Westen Avenue, Bowling Green, Kentucky42104, (270) 746-7475; (d) Florence Regional Office, 8020 Veterans Memorial Drive, Suite 11 0, Florence, Kentucky41 042, (859) 525-4923; Je) Frankfort Regional Office, 643 Teton Trail, Suite B, Frankfort, Kentucky40601, (502) 564-3358; 14 a[(ej] Hazard RegionalOffice, 233 Birch Street, Suite 2, Hazard, Kentucky 41701, 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, Kentucky42303, (270) 687-7304; 

## and 20 

# m@j] Paducah RegionalOffice, 130 Eagle Nest Drive, Paducah, Kentucky42003, 21 /270) 898-8468. 

# [v

22 li\+ El !=rw

### 1 

### (3)[@)]The Standard IndustrialClassification Manual 

### isalso available underOrder 2 No. 

### PB 87-100012 from the National Technical Information Service, 5285 Port Royal 

### 3 Road, Springfield, Virginia 22161, phone (703) 487-4650. 4 

### Nh\e9--QW=r\f*rl.\rla-- bc

# -Date Leonard 

### K. Peters,Secretary Energyand EnvironmentCabinetREGULATORY IMPACTANALYSIS AND TIERING STATEMENT Administrative Regulation#: 401 KAR 51:001 Contact person: Laura Lund, Environmental Technologist II (1 Provide a briefsummary of: (a) What this administrative regulationdoes: This administrative regulation defines the terms used in401 

### KAR Chapter51. (b) The necessity of this administrative regulation: This administrative regulation definesthe terms used in401 

### KAR Chapter51. (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 correspondingfederal'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 definingthe terms used in401 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 mirroramendments made at the federal level. It does not change the intent of the existing regulation. Amendments in formatting and grammarwere also necessary in order to complywith 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 PSDand 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 Chapter51. (3) Listthe type and numberof 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, 

### ifnew, or bythe change 

### if it isan amendment: This regulationdoes not directly impact individuals, organizations, or state and localgovernments. (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 localgovernments. 

### (b) In complying withthis administrative regulation or amendment, how muchwill it cost each of the entities identified inquestion (3): There are no costs associatedwith 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 implementationof this regulation. 

### (b) On a continuing basis: There will not be any additional continuing costs for the implementationof 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 orfunding inorderto 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, nordoes itdirectlyor indirectly increase, anyfees. (9) TIERING: Is tiering applied? No. Tiering is not applicable because this regulation providesthe definitions of terms for 401 

### KAR Chapter 51 and imposes no requirements.FEDERAL MANDATEANALYSIS 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 224.10-1OO(5).

. 

### 3. Minimum or uniform standards contained 

### inthe federal mandate. There is 

### no federal mandate for this regulation. However, changes in the federal definitionsfor this program necessitate changes inthe state defihitions.

4. Will this administrative regulation impose stricter requirements, or additional ordifferent responsibilities or requirements, than those required bythefederal mandate? No. This regulation imposes no requirements because it only provides definitions of terms used in401 KAR Chapter51.

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, 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? The Division for Air Quality implementsthis 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 revenuesof 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 ineffect. (a) How much revenuewill this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the firstyear? This regulationgenerates 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 regulationgenerates 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 fundingto implement this regulation. (d) How muchwill it costtoadminister this program

### for subsequent

### years? There are no direct costs associatedwith this regulation. Note: 

### If specific dollar estimates cannot be determined, provide a brief narrative to explainthefiscal impactofthe administrative regulation. Revenues(+I-): There is no known 

### effect

### on current revenues. Expenditures (+I-): There is no known

### effecton current expenditures. Other Explanation: There is nofurther explanation.1 ENERGYAND ENVIRONMENT CABINET 

# I NOv 15

# aa 

# I 2 Departmentfor Environmental Protection 3 Divisionfor Air Quality 4 (AmendedAfter Comments) 5 401 

### KAR 51:017. Preventionof significant deteriorationof 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 224.10-1 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 theconstruction 

### 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 inan area designated attainment or unclassifiableunder 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 16of this administrative regulation shall applyto the constructionof a new major stationarysource or a major modificationof an existing major stationarysource. 

### (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 under401 KAR 52:020 stating that the major stationary source or major modification shall meetthose requirements. (4)Applicability tests for projects. Exceptas provided in subsection (5)

## [eF-o] of this section, a project shall be a major modificationfor a regulated NSR pollutant only if the project causes a significantemissions increase and a significant net emissions increase

as providedinparagraphs (a) and (b)of this subsection. (a) Priorto beginning actual construction, the owner or operator shall first determine if a significant emissions increase will occur for the applicable type of unit being constructedaccording to subparagraphs 1to 

## 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 baselineactual emissions for each existing emissions unit equals or exceeds

### 1 the significant amountfor that pollutant. 

### 2 2. Actual-to-potentialtest for projects that involveonly construction of new emissions 

### 3 units.

### A significant emissions increaseof a regulated 

### NSR pollutant shall be projectedto 

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

### 5 completionof the projectequals or exceeds the significant amountfiorthat 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 projectedto 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 exceedsthe significantamountfor 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 netemissions 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 requirementsof Section

## 3 

# [a] ofthis administrative regulation. 

### 23 

# [t. . 

## -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 thefollowing 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 

### IIParticulate Matter: PM1ol annual arithmetic mean

maximum Sulfur Dioxide:

mean 

# I 

# I Annual arithmetic

I 24-hour maximum 91 20

3-hour maximum 512

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. Section3. Ambient Air Ceilings. The concentrationof 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 concentrationis lowerfor the pollutantfor 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) Internationalparks;

### (b) Nationalwilderness areas and national memorial parksthat 

### [wkiisk'] exceed 5,000

acres in size; and (c) Nationalparks that 

### [whkh] exceed 6,000 acres insize. (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 mandatoryClass Ifederal area. (4)The following areas may be redesignated only as Class Ior 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 lakeshoreor 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 petroleumproducts, natural gas, or both by reason 

### 23 of an order in effect under

### a federal statute or regulation overthe emissions from these1 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 pursuantto a federal statute over the emissions from those sources beforethe effective 5 date of the plan; 

### 6 (c) Concentrations of particulate matterattributable to the increase in emissionsfmm 

### 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) Exclusionof 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 thanfive (5) years after the later of the two (2) effective dates. 

### 19 (3) Forexcluding concentrations pursuantto subsection (1Kd) ofthis 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 exceedtwo 

### (2)years induration unless

### a longer time isapproved 

### bythe

## US. €PA; 

### 23 (b) The time period for excluding certain contributions

### in accordancewith paragraph1 (a) of this subsection shall not be renewable; 2 (c)An emissions increase from a stationary source shall not occurthat will: 

### 3 1. Impact a Class 

### Iarea or an area in which an applicable increment is known to be 4 violated; or 2. Causeor contributeto the violationof a nationalambient 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 ensurethat the emissions levelsfrom stationary sources affected by the SIP revision shall not exceed the levels occurring from those sources before the revisionwas approved. Section 6. Stack Heights. (1) The degree of emissions limitation requ;'red for control of an air pollutant underthis administrative regulation shall not beaffected by: (a) So much of the stack height of a source as exceeds good engineering practice;

or (b)Another dispersiontechnique. 15 (2) Subsection (1) of this section shall not apply to stack heights in existence before 16 December31, 1970, or to dispersion techniques implemented beforethen. 17 Section 7. Exemptions. (I) Sections 8 to 16 of this administrative regulation shall 18 notapplyto a particular majorstationary sourceor major modification, if: 19 (a) The owner or operator: 20 1. Obtained the necessary federal, state, and local preconstruction approval 

### 21 effective beforeSeptember22, 1982; 

### 22 2. Commenced construction before September22, 1982; and 

### 23 3. Did notdiscontinue constructionfor a periodofeighteen 

### (18) monthsor 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 exemptfrom those requirements. (c)The source or modification is a major stationarysource or major modification only if fugitive emissions, to the extent quantifiable, are considered in calculating the potentialto emit of the stationary source

### or modification and the source does not belong to any 

### of thefollowing categories: 1. 

### Coal cleaning plants with thermal dryers; 2. 

### Krafipulp mills; 3. 

### Portlandcement plants; 4. 

### Primaryzinc smelters; 5. 

### Ironand steel mills; 6. 

### Primaryaluminum ore reductionplants; 7. 

### Primarycopper smelters; 8. 

### Municipal incinerators capable of charging morethan 250 

### tons of refuse perday; 9. 

### Hydrofluoric, sulfuric, or nitricacid plants; 10. 

### Petroleum refineries; 11. 

### Lime plants; 12. 

### Phosphate rock processing plants; 13. 

### Coke oven batteries; 14. 

### Sulfur recovery plants; 15.

### Carbon blackplants, 

### furnace process;1 16. Primary lead smelters; 2 17. Fuelconversion plants; 

### 3 18. Sintering plants; 

### 4 19. Secondarymetal 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 325193 or 312140; 

### 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 under42 U.S.C. 7411or 741 2. 19 (d) The source or modification is a portable stationary source that has previously 

### 20 received a permit underthis administrative regulation; and 21 1. The owner or operator proposesto relocatethe source, 

### and the 

### [and] emissions 

### 22 of the source at the new location

### will betemporary; 

### 23 2. 

### The emissions

### from the sourcewill hot exceed itsallowable emissions;

10

### 3. The emissionsfrom the source will not impact a Class 

### Iarea or an area where an applicable increment is knownto be violated; and 

### 4. 

### a, Reasonable notice is given to the cabinet prior to the relocation identifyingthe proposed new location and the probabledurationof 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 modificationwas 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 afterJuly 31, 1987; and 3. Did not discontinue constructionfor a period of eighteen (18) months or more and completed constructionwithin 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 beforethat 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 majorstationary source or major modificationfor a particular pollutant if the owner or operator demonstrates that, for that pollutant, the source or modification is located in an area designatedas nonattainment pursuantto 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 modificationfor-a pa&icular pollutant, ifthe allowable emissions of that pollutant from the source, or the net emissions increase of that pollutantfrom a modification: (a) Will not impact a Class Iarea or an area where an applicable increment is known to be violated; and (b)Will betemporary. (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 BACTwill be less thanfifty (50)tons peryear. (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 increaseof the pollutant fromthe new source 

### orthe netemissions increaseof the pollutantfrom the modificationwill cause air quality impacts in an area, which are lessthan the amounts listed 

### inthefollowingtable; or

Pollutant Air Quality AveragingCarbon 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 increaseof 100tons peryear

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 qualitydata.

# I Iaverage 

# I

reduced sulfur Reduced sulfur compounds

# I Iaverage 

# 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, orthe pollutant is not listed inthe 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 nitrogenoxides, if: 8 (a) The owner or operator of the source or modification submitted an applicationfor 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 KentuckySIP; and average 1

-hour



### 12 (b) The cabinet subsequently determined that the application as submitted before1 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 increasesfor 

### PMlo took effect as partof 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 requirementsfor air quality monitoring of 11 

### PMlo in Section 11 of this administrative regulationshall not applyto 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 underthis section on or beforeJune I, 1988; and 15 2. The cabinet subsequentlydetermines that the applicationas submitted before that 16 date was complete, except for the requirements for monitoring particulate matter 

### 17 specified inSection 1 1of this administrative regulation. 18 (b) The requirements for air quality monitoring of 

### PMlo in Section 11 of this 

### 19 administrative regulation shall applyto a particularsource or modification

### ifthe 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 laterthan 

### 22 December 

### I, 1988. 

### 23 1. The data shall have been gathered overat least the periodfrom 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 lessthan 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 ofSection 9!2] of this administrative reaulationshall:

increasefor 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]Parts60 and 61. 8 (2) A new major stationary source shall apply 

### BACT for each regulated 

### NSR 

### 9 pollutantfor which the source has the potentialto emit insignificantamounts. 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 inthe method of operation 

### 15 of the unit. 16 (4) For phasedconstruction 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 commencementof constructionof 

### each independent phaseof 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

### BACTdeterminationfor the

### source. 23 Section 

### 9. Source ImpactAnalysis. The owner or operator 

### of the pmpsed

### source

### 1 or modificationshall demonstratethat 

### 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 contributeto air pollution 4 inGolation of: 5 (1)A nationalambient air qualitystandard inan 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," AppendixA." 

# [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 anothermodel substituted. 14 (a)The use of a modifiedor substitute model shall be: 15 1. Subjectto noticeand opportunityfor publiccomment under401 

### KAR 52:100; and 16 2. Approved inwritincl by the US. EPA pursuantto 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 in401 

### KAR 50:040, Section 

### 1(3), shall be used to determine 20 the comparability

### of airquality models. 

### 21 Section 1 

### 1.Air QualityAnalysis. 

### (I)Preapplicationanalysis. 

### 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 

### inthe area thatthe major stationarysource or major modification will affectfor each

### of thefollowing: 1. For a source, each pollutant that the source will have the potential to emit in a significantamount; 2. For a modification, each pollutantthat the modificationwill 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 pollutantwill affect. (c) For pollutants, otherthan nonmethane hydrocarbons,for which a standard exists, the analysis shall contain continuous air quality monitoring data gatheredto determine if emissions of that pollutant will cause or contribute to a violation of the standard or a maximumallowable 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 receiptofthe 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 periodshall 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 modificationwho satisfies all conditions of 40 

### C.F.R. Part 51, Appendix 

### S, section IV may provide postapproval monitoring 

### data for ozone instead of providingprecdnstructindata 

### 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 modificationshall

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 accordancewith estimating procedures approved bythe cabinet pursuantto 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 requirementsof 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 modificationshall submit to the cabinet all information necessaryto perfohan analysis

or make a determination required underthis administrative regulation. (1)The informationshall include: (a) A description of the nature, location, design capacity, and typical operating schedule of the source or modification, including specifications and drawings showing itsdesign and plant layout; 

### (b) A detailed schedulefor constructionofthe source or modification; and (c)A detailed description of,thesystem of continuous emissions reduction planned

### 1 fo~ the source or modification, emissions estimates, and 

### any 

### [etkeF] information 2 necessaryto determine that BACTwill be applied. 

### 3 (2) Upon request of the cabinet, the owner or operator shaH also provide information 4 on: 

### 5 (a)The air quality impactof the source or modification, including meteorological and 

### 6 topographicaldata 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 impairmentto 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 associatedwith the source or modifcation. (2) The owner or operator shall not be requiredto provide an analysis of the impact

onvegetation having 

### [MI] significant commercial or recreationalvalue.

. (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) Ifthe 

### cabinet reauires monitoang

### of,v~s~blWv 

# . . 

# . . .. . <d 

### & 23 shal

### I

### 1 be performed 

# . . . . 

# .. . 2 

## g] using: 

### 3 - I. 

# [o] Humanobservations; 4 

### 2. -

### [@)I Teleradiometers; 

### 5 

### - 3. 

## [fall Photographiccameras; 

### 6 

### 4 -

## [f411 Nephelometers; 

### 7 - 5. 

### [fall Fine particulatemonitors; or 

### 8 

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

10 (b) The method selected shall be determined on a case-by-case basis bythe cabinet 1 1 pursuantto 40 C.F.R. 51.166. 

### [tabi~&] 12 (c) visibility monitoring required bythe cabinet in a Class Iarea 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 thefederal land manager, upon request. 

### 16 Section 14. Sources Impacting Class IAreas; 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 responsibilityfor management of lands within 

### a Class 

### I area of 

### a 

### 20 permitapplicationfor a proposed majorstationary source or major modification that may 21 affectthe Class 

### 1area. 

### 22 (b) Notice promptlyafter receivingthe permit application. The noticeshall: 

### 23 1. Includea copyof all information relevantto 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 hearingon the applicationfor a permitto construct; 

### 3 3. Includean analysis of the proposed source's anticipated impactsonvisibility inthe 4 Class 

### Iarea. 

### 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 managerswithin thirty (30) days of 9 receipt of an advanced notificationof 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 responsibilityto 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 modificationwill have an adverse impactonthosevalues. 15 

### (3) Visibilityanalysis. 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 impacton visibility ina Class 

### Iarea. 20 (b) Ifthe cabinet finds the analysis does notdemonstrate to the cabinet's satisfaction 21 that an adverse impactonvisibilitywill result inthe Class 

### Iarea, the cabinet shall, inthe 22 public notice required 

### in 401 

### KAR 52:100, either explain that decision or give notice as 23 to where the explanation may beobtained.

### 1 (4) Denial; impact on air quality relatedvalues. 

### 2 (a) The federal land manager of lands located in a Class 

### Iarea may demonstrateto 

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

### 4 adverse impact onthe visibility and other air quatity related values of those lands, even 

### 5 though the change in air quality resultingfrom emissions from the proposed source or 6 modification will not cause or contributeto concentrations that will exceed the maximum 

### 7 allowable increasesfor 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 demonstrateto 12 the federal land manager that the emissions from the source or modification will 

## not 13 have 

### [kwe-w]adverse impactonthe visibilityor other air quality relatedvalues of lands 14 located ina Class Iarea, eventhough the change inair quality resulting from emissions 15 from the source or modification will cause or contribute to concentrations that will 16 exceedthe maximumallowabie increases for a Class Iarea as specified in Section 2(1) 

### 17 ofthis 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. 

## [I



## . . -1 (6) Sulfurdioxide 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 demonstrateto the Governorof the Commonwealth of Kentuckythat a variance will not adversely affectthe visibility or other air quality relatedvalues of the area. (b) The governor, after considerationof 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 isgranted, 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 requirementsof this administrative regulationare met. 2 

### (7) Variance bythe governorwith the President's concurrence. 

### 3 (a) If the Governor of the Commonwealth of Kentucky recommends a variance in 4 which thefederal land manager does not concur, the recommendations of the governor 5 and the federal land managershall be transmitted to the Presidentof 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 inaccordance with the requirements of 401 

### KAR Chapter 52, if the other 

### 9 applicable requirementsof 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) Emissionsof sulfur dioxide from the source or modificationshall not, during a day 15 on which the other applicable maximum allowable increases are exceeded, cause or 16 contributeto concentrations that will exceedthe maximum allowable increasesover the 17 baseline concentrationas specified inthe following table; and MaximumAllowable Increase (Micrograms per cubic meter)

Period of

# ILow 

# lHgh I Exposure 

# I I I 24-hour maximum 

### 36 62

# I3-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 morethan 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 processingapplications underthis administrative re'gulation. Section 16. Source Obligation. (1)An owner or operator of a source or modification subject to this administrative regulationwho 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 

### 52:020or underthe terms of an approvalto construct. (2)(a)Approval to construct shall become invalid if construction: 1. Isnot commencedwithin eighteen (18) monthsafter receipt of the approval; 2. Isdiscontinued for a period of eighteen (18) monthsor more; or 3. Isnot completedwithin a reasonabletime. (b) The cabinet may extend the eighteen (18) month period upon a satisfactory demonstration

### [skwmg] that an extension isjustified. 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 

### projectedand approvedcommencementdate.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 capacityof the source or modificationto 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 stationarysource 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 modificationmay result in a significantemissions increase; and 15 2. The owner or operator elects to use the method specified in 401 KAR 

### 51:001, 16 Section 1J199)(b) 

# [o] to calculate projected actualemissions. 

### 17 (b) Before beginningactual construction of a projectspecified 

### in paragraph (a)of this 18 subsection, the owner or operator shall document and maintaina record of the following 

### 19 information: 20 1. 

### A description

### ofthe 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 amajor modificationfor any regulated 

### NSR pollutant, including:

a. Baselineactual emissions; b. Projected actual emissions;

c. Amount of emissions excluded in calculating projected actual emissions and an explanationfor 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 calendaryear basis for: 14 a. Five (5) years following resumptionof regularoperations afterthe change; or 15 

### b. Ten (10) years following resumption of regular operations after the change if the project increases the design capacity or potentialto 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 subsectionto the cabinet. but shall not be required to obtain 

### a determination from the cabinet before bainninqactualconstruction: 

### and

### [epeab~

e3 U.

### 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



### . Foran existing unit other than an EUSGU, the owneror operator shall submit a 9 reportto 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 pursuantto 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 thefollowing: 19 a. The name, address, and 

# [u] telephone numberof the major stationary 20 source; 2

### 1 

### b. The annual emissions as calculated pursuantto paragraph (c) of this subsection; 22 and - 

### 23 c. Any other informationthat theowner or operator wishes to include inthe 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 bythe cabinet orthe general public pursuantto 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 ControlTechnology. (1) An owner or operator of a proposed major stationary source or major modification may makewritten requestthat 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 itsoperationorfunction; 

### 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

31

### 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 requiredto meeton the date specified bythe 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. Impactan area inwhich an applicable increment is knownto beviolated; 

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

### 13 satisfied for all periods duringthe lifeof 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 continuousemissions reduction rate; 20 (b) The proposed system fails before the specified date and contributes to an 

### 21 unreasonable riskto public health, welfare, or safety; or 

### 22 (c)The cabinet decides that the proposed system is 

### unlikelyto achieve the required 

### 23 levelof control orto protectthe 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 BACTthrough use

### of a demonstratedsystem 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 modificationwho 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 rescindthe 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 cabinetthat this administrativeregulationdoes not 

### 17 applyto the source or modification orto a portionof 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 meetsthe requirementsof this section. 12 (I ) General provisions. 13 (a)An owner or operator may execute a projectwithout 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 complieswit@ the PAL permit. If these conditions are 16 met, a project: 17 1. Shall not be considered a major modificationfor 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 majorstationary source usedto avoid applicability

### ofthe major 

### NSR program. 

### 22 (b) Exceptas provided undersubparagraph (1 

### Xa)3.ofthis

### section, a 

### majorstationary 

### 23 source shall continue to comply with all applidle 

### federal or state requirements,

### 1 emissions limitations, and work practice requirementsthat were established priorto the 

### 2 effectivedate of the PAL. 

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

### 4 source shall submit the following informationto the cabinet for approval as part of an applicationfor a permitor permit revision requestinga PAL: (a) A list of all emissions units at the source designated as small, significant, or 

### [sgm#k&w] major, based on their potentialto emit; (b) Identification of the federal and state applicable requirements, emissions limitations,and work practice requirements that applyto 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 proceduresthe owner or aperator proposes to use to convert the monitoring system data to monthly emissions and annual emissions based on a twelve (12) month rollingtotalfor each monthas required by subsection (12)(a) of thissection. 

### 16 (3) Establishing a PAL. The cabinet shall establish 

### a PAL at a major stationary 17 source ina 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 enforceableas 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 monthlyemissions from each emissions unit under the 

### PAL for the previoustwelve 

### 23 (12) consecutive months is less than the 

### PAL as a twelve (12) month average, rolledmonthly; and 2. For each month during the first eleven (11) 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 PALshall be established ina PAL permitthat: 1. Meetsthe public participationrequirements insubsection(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 regulateemissions 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 requirementsof subsections (11)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 levelofthe PALis reduced by the amount

### oftheemissions 

### reductions; and 

### 2. The reductions

### will becreditable inthe 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 proceduresof 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 periodfor submittal of public comment; and (b) Address all material comments before taking final action on a PAL permit or permit revision. (5) Settingthe 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 pollutantfor 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) consecutivetwentyfour (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 chosentwenty-four (24) month period shall be subtractedfrom 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 equalto 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 requirementthat the cabinet is aware of prior to issuanceof 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 intons per year; (b)The 

### PAL permit effective date and the expiration date of the 

### PALor 

### PAL effective period; (c) Specificationinthe 

### 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] subjectto the requirementsof 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 monitorall emissions units in accordancewith the provisions in subsection (12) of this section; (h) A 

### requirementthat the owner or operator shall retainthe 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 necessaryto implement and enforcethe PAL. (7) PAL effective period and reopeningof a PAL permit. (a)A 

### PAL effective period shall beten (10) years. (b)The cabinet shall reopena PAL permitto: 1. 

### Correct typographical or calculation errors made in setting the PAL; 

### 2. Reflect a more accurate determination of emissions usedto establish the PAL; 3. Reduce the PAL if the owner or operator of the major stationary source creates creditableemissions reductionsfor 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 accordingto subsection (10) of this section. (c) 

### The cabinet may reopenthe PAL permit, duringthe PAL effective period, to: 1. 

### Reducethe PAL to reflect newly applicable federal requirementswith compliance dates after the PAL effective date; 2. 

### Reducethe PAL consistent with any 

### [.elkeF] requirement

### [Wt-k] enforceable as a practical matterand imposed onthe majorstationary source under the SIP; and 3. Reduce the PAL if the cabinet determines that a reduction is necessaryto avoid causing or contributingto:

a. A NationalAmbient Air Quality Standard (NAAQS) or PSD increment violation; or

### b. An adverse impact on visibility or another air quality related value that has been identifiedfor a federal Class 

### Iarea by a federal land manager and for which information isavailableto 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 typographicalor calculation of errors that do not increasethe PAL level. (8) Expirationof a PAL. A PAL that is not renewed shall expire at the end of the PAL effective period, and 

### [pemckwd] the requirementsof 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 unitsthat existed underthe 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 approvethe use of monitoringsystems 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 modificationat 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 pursuantto Section 16(4)of this administrative regulation. (9) Renewalof a PAL. (a) Public participationrequirements. 1. 

### The cabinet shallfollow the public participationprocedures specified in subsection (4) of this section inapproving a requestto renew a PALfor a majorstationary 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)Applicationdeadline. 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 permitwith the renewed PAL is issued. (c) Application requirements.The applicationto renew a PAL permit shall contain: 1.

### The informationrequired insubsection (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 supportingdocumentation; and 19 4. 

### Any other information the owner or operator wishes the cabinet to consider in 20 determining the appropriate levelto renewthe PAL. 21 

### (d) PAL adjustment. 22 1. 

### A PAL shall not exceed the source's potentialto emit. The cabinet shall adjust the 23 PALdownward if a source's potential to emit has declined belowthe PAL level.

### 2. The cabinet may renewthe PAL at the same level as the current PAL ifthe sum of the baseline actual emissionsfor 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, unlessthe sum is greaterthan 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 

## [MIis determined to be:

a. More representativeof the source's baseline actualemissions; or b.Appropriate consideringthefollowingfactors: (i)Air quality needs; (ii)Advances incontroltechnology; (iii)Anticipated economic growth inthe area of the source; (iv) The cabinet's goal of promoting voluntary emissions reductions; (v) Cost effective emissions controlalternatives; and (vi) Other factors as specifically identified by the cabinet in its written rationale for settingthe 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 coniunctionwith [- 

### PAL permit renewal or TitleV 

### permit renewal, whichever comesfirst, if: 1. The compliance date for a state or federal applicable requirement that applies to

### the PAL source occurs duringthe 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 provisionsof 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

causethe source's emissionsto 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 precedingten (1 

### 0) years; b. If an emissions unit currently complies with BACT or LAER, the assumed control levelfor that emissions unit shall be equal to the current level of BACT or LAERfor 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 beginsto emit the PAL pollutant.

### (b) NSR permit and compliance requirement. The owner or operator shall obtain a major NSR permitfor all emissions units contributingto the increase in emissionsfor 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 PALor shall continueto be

### subjectto 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 revisionfor an increased PAL level. (11) Monitoring requirementsfor 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 interms of mass per unit of time; 

### 2. A monitoringsystem authorizedfor use inthe PAL permit shall be:

a. Approved by the cabinet pursuantto this subsection; 

### [caM~&] and b. Based on sound science and meet generally acceptable scientific proceduresfor

### data qualityand manipulation; 3. The data generated by a monitoring system shall meet minimum legal requirementsfor admissibility in ajudicial proceedingto 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 requirementsset forth in paragraph (b) of this subsection; 5. 

### The cabinet may approve an alternative monitoring approach that meets the requirementsof 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, thefollowing shall be acceptable monitoringapproaches: 1. Mass balance calculationsfor 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 inor at the emissions unit; and 3. 

### Ifthe vendor of the materialor fuelfrom which the pollutant originates publishesa range, use the highest value of the published range of pollutant content to calculatethe PAL pollutant emissions, unless the cabinet determines there is site-specific data or a site-specific monitoringprogramto support another pollutantcontentwithin the range. (d) CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions shall meetthefollowing 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 isoperating. (e) CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor PAL pollutantemissions shall meetthe 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 acrossthe 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 bythe cabinet. (f) Emission factors. An owner or operator using emission factors to monitor 

### PAL pollutantemissions shall meetthefollowing requirements:1 1. 

### All emission factors shall be adjusted, if appropriate,to account for the degree of 

### 2 uncertaintyor limitations inthe factors' development; 2. 

### The emissions unit shall operate within the designated range of use for the emission factor, if applicable; and 

### 3.

## The 

## [[I owner or operator of a significant emissions unit that relies on an emissionfactor 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 methodfor determining emissions during such periods isspecified inthe PAL permit. (h) If an owner or operator of an emissions unit cannot demonstrate a correlation betweenthe monitored parametersand 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 potentialemissions 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 issuanceof the PAL. (1 2) Recordkeeping requirements. 

### (a) The PAL permit shall require an owner or operator to retain a copy of all records necessaryto determine compliancewith any requirement of this section and of the PAL, including a determination of each emissions unit's twelve (12) month rolling total emissionsfor 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 recordsfor 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 ofthe end of each reporting period and shallcontain: 

### 23 1. The identification of owner and operatorand the permit number;

### 1 2. Total annual emissions, intpy, based on a twelve (12) month rolling total for each 2 month inthe reporting period recorded pursuantto subsection (12)(a)of this section; 

### 3 3. All data used in calculating the monthly and annual PAL pollutant emissions, 4 includingany quality assuranceor 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 actionfollowing 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 monitoringsystem;

c. If applicable, a statement that the emissions unit monitored by the monitoring system continuedto operate without the monitoringsystem; and d. The calculation of the emissions of the pollutant or the number determined accordingto subsection (I l)(g)of this section that is included inthe 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 informationprovided inthe 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 containthefollowing information:

a. The identification of the owner, the operator, and 

# [w] the permit number; b. The PAL requirement that experienced the deviation orthat was exceeded;

c. Emissions resultingfrom the deviationor 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 inthe report. (c) Revalidationresults. The owner or operator shall submit to the cabinet the results of any revalidation test or methodwithin 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 revisionsfor the PAL provisions 19 published in 67 Fed. Reg. 80186, December 31, 2002, the cabinet shall only issue a 

### 20 PALthat complies withthe requirementsof this section. 2 1 (b) The cabinet may supersede a PALthat was established beforeAuaust 10, 2006,



## . . . . 22 

### [thw%&be 

### 5.). EPhs ?<- 

### 23 with a 

### different 

### PAL if

### the new

### PAL 

### [W] complieswith the requirementsof this administrative regulation. 

### [se&bw

### Date Leonard K. 

### Peters, Secretary Energy and Environment Cabinet