# PUBLICHEARING

# TRANSCRIPT

### Juanita

### M.TooleCourt Reporters 109SpruceDr. Frankfort,Ky40601 Phone(502) 227-4955

### - Fax(502)227-7130 E-Mail-TooleCTRP@aol.com

October 31, 2009

Division for Air Quality 200 Fair Oaks Lane Frankfort, Ky 40601 Attn: Ms. Laura Lund

Re: Hearing - October 28, 2009 401 KAR 51:001 Definitions for 401 KAR Chapter 1. (Amendment) 401 KAR 51:017 Prevention of Significant Deterioration of Air Quality. (Amendment) 401 KAR 51:052 Review of New Sources in or Impacting Upon Non-Attainment Areas. (Amendment)

Appearance fee One copy - 7 pgs. @ $3.00 ea.

TOTAL DUE $121.00 ThanksCOMMONWEALTH OF KENTUCKY DIVISION FOR AIR QUALITY

RE: 401 KAR 51:001 - Definitions for 401 KAR Chapter 1. (Amendment) 401 KAR 51:017 - Prevention of significant deteriorationof air quality. (Amendment) 401 KAR 51:052 - Review of new sources in or impacting upon non-attainment areas. (Amendment)

APPEARANCES

Ms. Laura Lund, Moderator Kentucky Division for Air Quality

October 28, 2009

JUANITA M.TOOLECOURTREPORTERS 109SPRUCEDRIVE,FRANKFORT, KENTUCKY40601 PHONE 1-502-227-4955

FAX 1-502-227-7130 1-888-615-6854COMMONWEALTH OF KENTUCKY DIVISION FOR AIR QUALITY



### RE: 401 KAR 51:001 

### - Definitions for 401 KAR Chapter 1. (Amendment) 401 KAR 51:017 - Prevention of significant deteriorationof air quality. (Amendment) 401 KAR 51:052 - Review of new sources in or impacting upon non-attainmentareas. (Amendment)

Pursuant to notice duly given, the above styled cause of action came on to be heard on October 28, 2009, at 10:OOA.M. at 200 Fair Oaks Lane, Conference Room 201B, Frankfort,Kentucky.



### JUANITA

### M.TOOLECOURTREPORTERS 109SPRUCE DRIVE, FRANKFORT, KENTUCKY40601 PHONE 1-502-227-4955

FAX 1-502-227-7 130 1-888-615-6854MODERATOR:Good morning. It 10:03 A.M. My name is Laura is October 28th, 2009,

Lund with the Kentucky Division of Air Quality, Regulation Development Section. As your moderator, I declare this public hearing in session. The Division asks that everyone attending today's hearing provide all the information requested on the attendance roster located at the back of the conference room. Today's hearing announcement was mailed to everyone on the Division's current mailing list, regional offices,Louisville Metro Air Pollution Control District and at specified county clerk's offices. In addition, the notice was published in ten newspapers of wide circulation within the Commonwealth. This is a non-adversarial hearing, therefore the Divisionwill not respond to comments or questions regarding the proposed actions and individuals who present testimonywill not bequestioned by anyone attending this hearing. A Division representativemay, however, ask questions in order to clarify the meaning or intent of a comment. All comments received in an appropriate format by the close of the comment period will receive equal consideration. Every individualwho submits comments will receive a copy of the statement of consideration. Written comments must be received by close of business onNovember 2nd, 2009, to be considered part of the hearing record. Melody Curtis, to my right, is recording today's hearing. Anyone interested in obtaining
a copy of the transcript should contact Ms. Curtis. Are there any questions so far? Today's hearing is conducted in order to receive public comment concerningproposed amendments to Kentucky air quality administrative regulations. The proposed amendments address 401 KAR 51:001, Definitions for 401 KAR Chapter 51. 401 KAR 51:017,prevention of significantdeterioration of air quality. And, 51:052, review of new sources in or impacting upon nonattainment areas. These amendments will adopt recent federal revisions to the list of extensive major sources related to PSD,NSR and Title V applicability and
removes the existing requirements for clean units and pollution control projects, vacated in a federal court decision. The requirement to add nitrogen oxides,NOx, as a precursor to ozone formation is also included. Identical emergency regulations are in effect, but will be replaced by these ordinary administrative regulations. Adopting these revisions is necessary in order for Kentucky to continue to receive full delegation of authority of the federal NSR program. Does the roster indicate anyone wanting to present testimony? VOICE: No. MODERATOR:No. Since no one has indicated to presenttestimony at today's hearing,we'll pause the hearing record for ten minutes to allow for late arrivals and reopen the session. The time is 10:06 A.M. We'll meet back at 10:16 A.M. OFF THE RECORD MODERATOR:It is now time to reopen the hearing record. Are there any late arrivals who would like to present testimony? There are none. In the absence of any testimony,this public hearing is adjourned.STATE OF KENTUCKY ) 1 COUNTY OF FRANKLIN)

I,Melody Curtis, a Notary Public in and for the state and county aforesaid, do hereby certify that the foregoing hearing was taken by me at the time and place and for the purpose stated in the caption; that said proceeding was taken down in shorthandwriting by
me and later transcribed to the best of my ability. The foregoing typewritten material constitutes a true and correct record of all proceedings taken by me in the above styled matter. WITNESS my hand and notarial seal this 28th day of October, 2009.

state-ofKentucky at Large vCC20041025

My commission expires: 6/18/2012