PUBLIC HEARING TRANSCRIPT 
Juanita M. Toole Court Reporters 

109 Spruce Dr. 

Frankfort, Ky 4060 1 

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 

Thanks 
COMMONWEALTH 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 

deterioration of 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. TOOLE COURT REPORTERS 

109 SPRUCE DRIVE, FRANKFORT, KENTUCKY 40601 

PHONE 1-502-227-4955 

FAX 1-502-227-7 130 

1-888-6 15-6854 
COMMONWEALTH 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 

deterioration of air quality. (Amendment) 

401 KAR 51:052 - Review of new sources in or 

impacting upon non-attainment areas. (Amendment) 

Pursuant to notice duly given, the above 

styled cause of action came on to be heard on 

October 28, 2009, at 10:OO A.M. at 200 Fair Oaks 

Lane, Conference Room 201B, Frankfort, Kentucky. 

JUANITA M. TOOLE COURT REPORTERS 

109 SPRUCE DRIVE, FRANKFORT, KENTUCKY 40601 

PHONE 1-502-227-4955 

FAX 1-502-227-7 130 

1-888-6 15-6854 
MODERATOR: 

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 Division will not respond to comments or 

questions regarding the proposed actions and 

individuals who present testimony will not be 
questioned by anyone attending this hearing. A 

Division representative may, 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 individual who submits comments will 

receive a copy of the statement of consideration. 

Written comments must be received by close 

of business on November 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 concerning proposed 

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 significant 
deterioration 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 present 
testimony 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 shorthand writing 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-of Kentucky at Large 

vCC20041025 

My commission expires: 6/18/2012