OCT 1 5 2010 

ENERGY AND ENVIRONMENT CABINET 

Department for Environmental Protection 

Division for Air Quality 

(Amended After Comments) 

401 KAR 52:OOl. Definitions for 401 KAR Chapter 52. 

RELATES TO: KRS 224.01-010, 224.10-100, 224.20-100, 224.20-1 10, 1 

224.20-120,40 C.F.R. Parts 50-53,60-63, 70-78.42 U.S.C. 7401-7671q 

STATUTORY AUTHORITY: KRS 224.1 0-1 OO(5) 

NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100(5) requires the 

cabinet [

to promulgate administrative 

regulations for the prevention, abatement, and control of air pollution. 

. . -1 This administrative regulation 

defines the terms used in 401 KAR Chapter 52. The definitions contained in this 

administrative regulation are neither more stringent nor otherwise different than the 

corresponding federal definitions. 

itions with c~tatfons to the Code of Federal . . Section 1. Definitions. The defin 

[A I 'n 

u 

(1) "Acid Rain Program" means the national program for reducing SO2 and NOx 

emissions established under 42 U.S.C. 7651 to 76510 (Title IV of the Act) and codified 

at 40 C.F.R. Parts 72 to 78. 

1 
(2) "Act" means the Clean Air Act established under 42 U.S.C. 7401 to 7671q. 

(3) "Actual emissions" means t4le auatity of an air pollutant that is 

ghvsicallv emitted into the ambient air durina a specified time oeriocl rk-ddhed 

... . -1 

[I 

(4) "Affected facility" means 

[

an apparatus, building, operation, road, or other entity 

or series of entities that emits or may emit an air contaminant into the outdoor 

atmosphere. 

(5) "Affected source" means a source that includes one (1) or more affected units. 

(6) "Affected state" [s&t&] means a state [state] that: 

(a) Borders [W] Kentucky and whose air quality may be affected by the 

proposed permit, permit revision, or permit renewal; or 

(b) Is [AFe] situated within fifty (50) miles of the source requesting the proposed 

permit action. 

(7) "Affected unit" means a unit subject to the Acid Rain Program. 

(8) "Air contaminant" is defined & [iR] KRS 224.01-OlO(1). 

(9) "Air pollutant" means air contaminant. 

(10) "Air pollution" is defined & [iR] KRS 224.01-OlO(3). 

(1 1) "Air pollution control equipment" means a mechanism, device, or contrivance 

used to control or prevent air pollution, that is not, aside from air pollution control laws 

and administrative regulations, vital to production of the normal product of the source or 

to its normal operation. 

(12) "Alternative method" is defined bv 40 C.F.R. 60.2. For pumoses of this 
definition. "administrator" means both the U.S. EPA and the cabinet. [- 

I l c ED'% U.Y. . . . -1 

(13) "Ambient air" f ildi 

to whic h t h e aeneral public has access. ri ... . -1 [rrteaffs 

-I 

(14) "Ambient air quality standard" means a numerical expression of a specified 

concentration level for a particular air contaminant and the time averaging interval over I 

which that concentration level is measured and is a goal to be achieved in a stated time 

through the application of appropriate preventive or control measures. 

(15) "Applicable requirement" means a state-origin or federally enforceable 

requirement or standard that applies to a source. 

(16) "Batch mix plant" means a source or affected facility that produces hot mix 

asphalt by heating and drying the aggregate in a dryer before separating and mixing it 

with asphalt cement in separate batches. 

(17) "Cabinet" is defined bv KRS 224.01-OIO(9). [-] 

(48) "Capital expenditurett is defined IIJ [i] 40 C.F.R. 60.2. 

(19) "Commence" means that an owner or operator has undertaken a continuous 

program of construction, modification, or reconstruction of an affected facility, or that an 

owner or operator has entered into a contractual obligation to undertake and complete, 

within a reasonable time, a continuous program of construction, modification, or 
reconstruction of an affected facility. 

(20) "Construction" means fabrication, erection, installation, or modification of an air 

contaminant source. 

(21) "Continuous monitoring system" means the total equipment, required under the 

applicable administrative regulations in 401 KAR Chapters 50 to 65, used to sample, to 

condition (if applicable), to analyze, and to provide a permanent record of emissions or 

process parameters. 

(22) "Control device" means equipment such as an incinerator or carbon adsorber 

used to reduce, by destruction or removal, the amount of air pollutants in an air stream 

prior to discharge to the ambient air. 

(23) "Control system" means a combination of one (1) or more capture systems and 

control devices working in concert to reduce discharges of pollutants to the ambient air. 

(24) "Designated representative" means a person authorized by the owner or 

eperator [-I of an affected source and of all affected units at the 

source, as evidenced by a certificate of representation submitted to the U.S. EPA in 

accordance with 40 C.F.R. 72.20(b), to represent and legally bind each owner and 

operator, as a matter of federal law, in all matters pertaining to the Acid Rain Program. 

In matters relating to the acid rain portion of a Title V permit, the term "responsible 

official': as defined in this section, means the designated representative. 

(25) "Draft permit" means the version of a federally enforceable permit, which the 

cabinet offers for public review and any applicable affected state review. 

(26) "Drum mix plant" means a source or affected facility that produces hot mix 

asphalt by heating, drying, and mixing the aggregate with asphalt cement in one (1) 
unforeseeable event beyond the control of the source that: [~Aiek] 

(a) Requires immediate corrective action to restore normal operation; 

(b) Causes the source to exceed a technology-based emission limitation in the 

permit due to unavoidable increases in emissions attributable to the emergency; and 

(c) Ooes [W] not include noncompliance caused by improperly designed 

equipment, lack of preventive maintenance, careless or improper operation, or operator 

error. 

/281 "Emission standard means the numerical expression of auantitv per unit of 

time or other parameter that limits the amount of a resulated air pollutant that a source 

or emission unit is allowed tb emit to the ambient air. 

(29) "Emission unit" means an affected facilitv, or a part or activity of a source, that 

emits or has the potential to emit a regulated air ~ollutant and does not alter the 

definition of the term "unit" as used in the Acid Rain Proqram. 

(30) "Emissions fee" means the annual fee assessed to a source as prescribed in 

401 KAR 50:038. made effective April 12,1995. 
. . . . -1 

(31) "Enforceable as a practical matter" means that the emission or other standards 

contained in a permit or compliance schedule include: 

(a) Technically accurate emission standards and the portions of the source that are 

subject to the standards; 

(b) A time period adequate to demonstrate compliance with the standards; and 

(c) The method the source will use to achieve and demonstrate compliance with the 

standards, including appropriate monitoring, recordkeeping, and reporting. 

(32) "Equivalent method" me la~aolethoda~anda n I' fo r an air 

pollutant that ha s been demonstrated to the cabmetand the US. EPA eursuant to 

40 C.F.R. 53.3 to have a co istent and auant~tilt~vely known relationshie to the . . ns 

reference method. under seecified CO~~I~~IQILS, . . "c ... .. 

sa&eilIC 

a] . . 

(33) "Exempt compound" or "exempt solvent" means an organic compound listed in 

the definition of volatile organic compound as not participating in atmospheric 

photochemical reactions. 

(34) "Federallv enforceable reauirement" means an item specified in this subsection 

as it applies to an emission unit at a source subied to 40 C.F.R. Part 70. includina a 

requirement promulqated or approved bv the U.S. EPA in coniunction with the permit 

6 
t issuance but which has future-effective compliance dates. 

(a) A standard or reauirement in the SIP that implements the relevant reauirements 

of the Act, includino a revision to that plan promulaated at 40 C.F.R. Part 52; 

/b) A term or condition of a preconstruction permit issued pursuant to anlicable 

administrative reaulationinpKARrs C 50 to 65 C- . . 

f%wMkml aaproved or promulaated pursuant to 42 U.S.C. 7401 to 7515; 

(c) A standard or other reauirement Dromulnated pursuant to 42 U.S.C. 7411 or 

7429 qovernina solid waste incinerators; 

(dl A standard or other reauirement rsromulaated pursuant to 42 U.S.C. 7412; 

10 (el A standard or requirement of the Acid Rain Proaram; 1 

(f) A requirement established aursuant to 42 U.S.C. 7414(a)(3) or 7661c(b) for 

monitorinq and compliance certification; 

(n) A national ambient air qualitv standard or increment or visibilitv reauirement 

pursuant to 42 U.S.C. 7470 to 7492 for a temporaw source wrrnitted pursuant to 42 

U.S.C. 7661de); 

(hl A standard or other reauirement for consumer and commercial aroducts ado~ted 

pursuant to 42 U.S.C. 751 1bIe); 

0) A standard or other reauirement for a tank vessel adopted ~ursuant to 42 U.S.C. 

751 1 bQ; and 

(i) A standard or other reauirement to protect stratospheric ozone adopted pursuant 

to 42 U.S.C. 7671 to 7671~1, unless the U.S. EPA determines that those reauirements 

need not be contained in the permit. 

CI 

(35) "Final permit" means: 

(a) For a federally enforceable permit, the version issued by the cabinet that has 

completed all the applicable review procedures of 401 KAR 52:lOO and for which a final 

determination has been made: or [ma&] 

(b) For a state-origin permit, the version that meets the applicable provisions of 401 

KAR 52:040, and for which a final determination has been made. 

(36) "Fixed capital cost" means the capital needed to provide all the depreciable 

components. 

(37) "Fuel" means natural [-I 

or a form of solid, liquid, or gaseous fuel derived from these materials for the purpose of 

creating useful heat. 

(38) "Fugitive emissions" means those emissions that could not reasonably pass 

through a stack, chimney, vent, or other functionally equivalent opening. 

(39) "Hazardous air poliutant" or "HAP means a pollutant listed pursuant to 42 

U.S.C. 7412(b). 

(40) "Hot mix asphalt plant" means a stationary source or portable affected facility 

that manufactures hot mix asphalt by heating and drying aggregate and mixing it with 

asphalt cements. 

(41) "Hydrocarbon" means an organic compound consisting predominantly of 

carbon and hydrogen. 

(42) "Incineration" means the process of igniting and burning solid, semisolid, liquid, 

or gaseous combustible wastes. 
(43) "Intermittent emissions" means emissions of particulate matter into the open air 

from a process that operates for less than any six (6) consecutive minutes. 

(44) "KyEISmeans the Kentucky Emissions Inventory System. 

(45) "Major source" means a s ta-p-s i 

that em its or has a eotent ial to em3 I a eollutant that is subject to reau lation at or 

above a major source threshold and; 

(a) For HAPs: 

1. Is located within a contiauous ares 

2.s under common control; 

3. lncl missions in determ ining if the source is major; 

and . . 4. Even if the units are in a contiguous area under common control. ermsslons 

, . . . are not agare-wlthns from other slmlar un 

Source status for: 

a.uas exexeloration or eroduction wells and the associated ewi~ment or 

me compressors or eumo stat~ons:and 

- 

(b! For reaulated air a- HAPS: 

rol; 

3. Belonas to a s . . inale malor 1ndWl grou~ina where all of the eollthnt 

-na to the same major arowe the same two !21 

. . ~a~t code1 as desc ribed in the-taxlardllndustrlallasslfication 'C' (SIC) 

I: and 
1 4. Fuaitive emissions are considered in determining if the source is ma ior if it 

2 belongs to a category listed in this clause: 

3 a. C oal cleanina dank (with thermal drversk 

4 b. Kraft ~ulp mills; 

5 c. Portland cement plants; 

6 d. Primarv zinc smelters; 

7 e. Iron and steel mills; 

8 f. Primarv aluminum ore reductionglants; 

9 a. Primarv cogaersmelters; 

I0 h. Munici~al incinerators capable of charging more than 250 tons of refuse Der 

I1 a 

12 I. Hydrofluoric. sulfuric -bk 

13 i. Petroleum refineries; 

14 mt 

15 I. Phosghate rockgrocessing plants; 

16 m. Coke oven batteries; 

17 wb ; 

18 o. Carb ob n I rocessaceerocessl; 

19 D. Primarv lead smelters; 

20 a. Fuel conversion plants; 

21 L 

nterina oIaa& 

22 

23 t Chemical process olants; 


r 

C ". 

I 

V.V.". 

I C P 7~4w-1 

. . I ... .". C E?w 

C)IIC~ 7 L V.V.". I 5W9-l 

(46) "Major source threshold" means PTE: 

(a) For HAPs: 

1. Ten (1 0) tons per year or more of a single HAP; 

2. Twenty-five (25) tons per year or more of combined HAPs; or 

3. A lesser quantity that the U.S. EPA establishes in a final rulemaking; [#I 
(b) 100 tons per year or more for regulated air pollutants other than HAPS, except 

that: 

1. For ozone nonattainrnent areas: 

a. 100 tons per year or more of volatile organic compounds or nitrogen oxides in 

areas classified as marginal or moderate; 

b. Fifty (50) tons per year or more in areas classified as serious; 

c. Twenty-five (25) tons per year or more in areas classified as severe; or 

d. Ten (1 0) tons per year or more in areas classified as extreme; 

2. Fifty (50) tons per year or more of carbon monoxide for carbon monoxide 

nonattainment areas that are classified as serious and in which stationary sources 

contribute significantly to carbon monoxide levels; or 

3. Seventy (70) tons per year or more of particulate matter (PMlo) for PMIO 

nonattainment areas classified as serious= 

Jcl A auantitv established by the U.S. EPA in a final rulemakinIm 

that is subiect to reaulation. 

(47) "Malfunction" means a sudden and infrequent failure of air ~ollution 

control equipment, process ea merit. or a ~rocess to operate in a normal or 

usual manner that is not causedentirelvHinr>arttce~ careless 

o~eration. or other upset cond~t~on oreaubnt breakdown that could have . . 

been reasonably ~revented, P,- . . . .] [- 
(48) "Marginal nonattainment county" or "marginal nonattainment area" means a 

county or portion of a county designated marginal nonattainment for the [etseflfkew] 

national ambient air quality standard for ozone [iwWMfW 51 :0N]. 

(49) "Minor source" means a stationary source that emits and has the potential to 

emit less than the major source thresholds. 

(50) "Moderate nonattainment county" or "moderate nonattainment area" means a 

county or portion of a county designated moderate nonattainment for the [w] 

nationalambient air quality standard for ozone [-I. 

(51)w "Modification" means a nv phvsical c hanae in. or a chanw in the 

method of o~eration of. an affected facility that: 

fa) Increases t hemuUof.an_ved into t he 

hat facility. o . . -sphere by t r that results ~1 the fzms~&afted air 

pollutant into the at mosghere not orev iouslv d&&md 

my: 

I. Maintenance. repair, and re~lacementhat the cabinet determines to be 

routine for a sou . . rce category cons~derma available information; 

i .. i 2.~in r if that increase can be 

1 ccomDlishedut i a capitalture on that faallhr.. -. . 

3. An increase in the hours of ooeratiog 

f . . UseLMor 4. to the date a standard 

. . m 

ered to be des 
to accommodate an alternative fuel or raw material if that use could be 

accom~lished under the facilitv's construction specifications as amended prior tn 

the change; 

5. Conversion to coa I reau ired for enerq_v K i 

U.S.C. 741 11alf81; 

ion of wh~ch IS . . 6. The addition or use of a system or device the primarv funct 

lhe red . . uction of air ~ollutants. exce~t if an emlsslon control svstem is removed 

Q ri s r er, I aced bv a svstem that the cabinet detews to be less environmentallv 

beneficial; or 

7. The relocation o r c h anae i n ownershm of a source. [- . . 

@& 
(52) "Modification under Title I of the Act" means a change at a facility that 

constitutes [w] a modification under 42 U.S.C. 7470 to 7492 or 42 U.S.C. 

(53) "Opacity" means the dearee to whichemlss~ons reduce the transm~sslon . . . . 

w of an obiect in the backaround. r- 

. . . . c4Q&60&] [[ 

(54) "Owner or operator" means a person who owns. leases, operates, controls, 

or su~erwses an affected fac ilily o r a source of wh ch an affected facilitv is a oa& 

r- ... -1 [
. . .. . -1 

(55) "Person" is defined by KRS 224.01-OlO(17). [v . .. 

. . 01 

(56) "Potential to emit" or "PTE" means the maximum capacity of a stationary 

source to emit a pollutant under its physical and operational design in which: [;-wkeFef 

(a) A physical or operational limitation on the capacity of a source to emit an air 

pollutant, including air pollution control equipment and restrictions on hours of operation 

or on the type or amount of material combusted, stored, or processed k [sbdl-h] 

10 treated as part of its design if the limitation is enforceable as a practical matter; and 1 . .. (b) & pXs-&%&rlsilnl)lnn] of this term for other 

purposes of the Act or the term "capacity factor" as used in the Acid Rain Program 

-. 

(57) "Proposed permit" means the version of a permit that the cabinet proposes to 

issue and submit to the U.S. EPA for 3 forty-five (45) day review period. 

(58) "Reconstruction" means the replacement of components of an existing affected 

facility to the extent that: 

(a) The fixed capital cost of the new components exceeds fm (50) percent of the 

fixed capital cost that would be required to construct a comparable entirely new affected 

facility; and 

(b) It is technologically and economically feasible to meet the applicable 

requirements in 401 KAR Chapters 50 to 65. [a] 

(59) "Reference method" means a method of sampling and analyzing for an air 
pollutant as published in 40 C.F.R. Part 50, Appendices A to N; 40 C.F.R. Part 53; 40 

C.F.R. Part 60, Appendices A and B; 40 C.F.R. Part 61, Appendix 8; or 40 C.F.R. Part 

63, Appendices A to D. 

(60) "Regulated air pollutant" means: 

(a) Nitrogen oxides; 

(b) Volatile organic compounds; 

(c) A pollutant for which a national ambient air quality standard has been 

promulgated pursuant to 42 U.S.C. 7409 (Section 109 of the Act); 

(d) A Class I or Class II substance subject to a standard promulgated or established 

pursuant to 42 U.S.C. 7671 to 7671q (Trtle VI of the Act); 

(e) A pollutant subject to a standard promulgated pursuant to 42 U.S.C. 741 1; 

(f) A hazardous air pollutant (HAP) subject to a standard or other requirement 

established pursuant to 42 U.S.C. 7412. 

(61) "Renewal" means the process by which a permit is reissued at the end of its 

permit term. 

(62) "Responsible official" means; 

(a1 For a corporation:aresident of 

the c omorati oncams-he in h f r person wha 

performs similar ljolicv or decision-makina functions for the coworation. or a 

dub aut horized re~resentative of t hat ljerson if the regresentative is res~onsibk 

for the overall o~eration of one 11) or more awubd~b production. or 

90- ~2-lmem~lov more than 250 ~ersons or have aross annual sales W 
tures exceeding $25,000.000 (in second auarter 1980 dollawI;nc 

2. The delegation of autho . . rity to the reoresentatwe a aDDr0ved bv the cabinet 

Jn advance pursuant to this subsection; 

!b) For a oartnershi~ or sole proorietorShig. a gened ~artner or the 

proprietor. reseectivelv; 

r or other oublic apencv, a pr inci~al 

executive officer orma K e I ected official. Forthisinistrative reaulation. the 

princi~al executive officer o f a federal agency itxbdes the chief executive officer 

. . h-h r e overall o~eratlon of a gl~ulslgal aeoarm 

the agencv kg., a reaional administrator of the U.S. EPAI: or 

(dl For the acid rain ort ti on of a permit for an affected source, the desiamted 
2 

3 thn I La'- 

7 /A\ Cnr 

8 -1 

9 (63) "Section 502(b)(10) changes" means changes that contravene an express 

10 permit term and does notinclude changes that would violate applicable require&ents or 

11 contravene federally enforceable permit terms and conditions that are monitoring 

12 (including test methods), recordkeeping, reporting, or compliance certification 

13 requirements. 

14 (64) "Shutdown" means the cessation of an operation. 

15 (65) "Source" means one (1) or more affected facilities contained within a given 

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

17 thoroughfare, stream, or other right of way. 

18 (66) "Standard" means an emission standard, a standard of performance, or an 

19 ambient air quality standard promulgated in 401 KAR Cha~ters 50 to 65 [tke 

20 0 . . . . . ] or the emission control 

21 requirements necessary to comply with 401 KAR Chapter 51. 

22 (67) "Start-up" or "startu~" means the setting in operation of an affected facility. 

23 (68) "State implementation plan" or "SIP" means the most recently prepared plan or 
revision required by 42 U.S.C. 7410, [wkick] has been approved by the U.S. EPA. 

(69) "State-origin permit" means a permit that is issued pursuant to 401 KAR 52:040 

and is not federally enforceable. 

(70) "State-origin requirement" means an applicable requirement contained in 401 

KAR Chapters 50 to 65, which is not mandated by the Act and is not federally 

enforceable. 

(71) "Stationary source" means a building, structure, affected facility, or installation 

that emits or may emit a regulated air pollutant or an air pollutant subiect to 

reaulation aursuant tom. 

(72) "Subiect to reaulation" is defined bv 40 C.F.R. 70.2 for the Title V prowam. 

[D 

a [o] "Title V permitt' means a permit issued under Kentuckv's Title V proqram. 

-1 

(74) [o] "Title V program" means a state operating permit program approved by 

the US. EPA pursuant to 42 U.S.C. 7661 to 7661f (Title V of the Act). 

/75) [w] 'Total suspended particulates" or "TSP means aarticulate matter as 

measu red bv t he method described in 40 C.F.R. Part 50. Aaoend ix 6. ~~ 

t[ 

~n D .I .. \. I -1 

(76) 101 "tpy" means ton per year. 

(77) [m] "U.S. EPA" means the US. Environmental Protection Agency. 

(78) [m] "Volatile organic compound" or 'VOC" is defined & [iff] 40 C.F.R. 
1 51.100(s). 

2 179) [o] "Waste oil" means a petroleum based or synthetic oil such as an engine 

3 lubricant, engine oil, motor oil, or lubricating oil for use in an internal combustion engine, 

4 or a lubricant for motor transmissions, gears, or axles [v&&] through use, 

5 storage, or handling has become unsuitable for its original purpose due to the presence 

6 of impurities or loss of original properties. 
Leonard K. Peters, Secretary 

Energy and Environment Cabinet 
REGULATORY IMPACT ANALYSIS 

AND TIERING STATEMENT 

Administrative Regulation #: 401 KAR 52:001 

Contact person: Laura Lund, Environmental Technologist I1 

(1) Provide a brief summary of: 

What this administrative regulation does: This administrative regulation 

defines the terms used in 401 KAR Chapter 52. 

The necessity of this administrative regulation: This administrative 

regulation provides clear and consistent definitions for terms used in 401 

KAR Chapter 52. 

How this administrative regulation conforms to the content of the 

authorizing statutes: The statutory authority for this regulation is given 

in KRS 224.10-100(5), which provides the cabinet the authority, power, 

and duty to prevent and control air pollution. The definitions contained in 

this administrative regulation are not more stringent or otherwise different 

than the corresponding federal definitions. 

How this administrative regulation currently assists or will assist in 

the effective administration of the statutes: 

This administrative regulation assists the public and the regulated 

community by providing clear and consistent definitions for terms used in 

401 KAR Chapter 52. 

(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 definitions to reflect amendments 

made to the New Source Review (NSR) program at the federal level. The 

Prevention of Significanf Deferiorafion and Titie V Greenhouse Gas 

Tailoring Rule (Tailoring Rule), published as a final rule on June 3, 2010, 

amends and creates definitions that significantly impact the Prevention of 

Significant Deterioration (PSD) and Title V permitting programs. The 

amendments are to the definitions for "Regulated NSR pollutant", which 

includes greenhouse gases (GHGs) as a regulated NSR pollutant under 

the Clean Air Act; "Major sourcen, which includes air pollutants subject to 

regulation; and the inclusion of a definition for "subject to regulation", 

which includes the greenhouse gas emission thresholds to trigger Title V 

permitting. The definition of "regulated air pollutant" was not amended to 

include GHGs. Therefore, GHGs will not be subject to emissions fees 

under 401 KAR 50:038; will not be evaluated as insignificant or trivial 

activities under the Title V permitting program; and will not be subject to 

state-origin permitting or registration for GHG emission alone. This 

regulation is also being amended to conform to KRS Chapter 13A. 

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

The definition amendments are necessary at the state level to ensure 
consistency between state and federal programs. The Tailoring Rule 

establishes January 2, 2011, as the trigger date for GHGs to become 

regulated. The U.S. EPA found Kentucky's State Implementation Plan 

(SIP) deficient on September 2, 2010 (75 FR 53892) because it was 

determined the Kentucky does not have authority to issue PSD permits for 

GHGs. If Kentucky's GHG SIP revision is not in place by March 31, 201 1, 

the Commonwealth will become subject to the Federal lmplementation 

Plan, which was also issued on September 2, 2010 (75 FR 53883). 

Serious consequences of a FIP include loss of PSD and Title V program 

approvals and loss of federal highway funds. EPA clearly states their 

intent in the preamble to SIP call: "For any state that lacks the ability to 

issue PSD or Title V permits for GHG emissions sources consistent with 

the final rule, we [EPA] intend to undertake a separate action to call for 

revisions to these programs. We [EPA] also intend to move quickly to 

impose a FIP for PSD through 40 CFR 52.21, and use our federal Title V 

authority to ensure that GHG sources will be permitted consistent with the 

final rule." This amendment also clarifies that small businesses will not be 

regulated solely because of their greenhouse gas emissions by tailoring 

the threshold limits. 

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

statutes: This amendment maintains consistency with corresponding 

federal definitions affecting Kentucky's PSD and Title V permitting 

programs. 

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

statutes: This amendment will provide clear and consistent definitions of 

terms used in 401 KAR Chapter 52 to prevent and control air pollution. 

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

and local governments affected by this administrative regulation: The 

amendments to this administrative regulation affects any facility with the capacity 

to emit greenhouse gases at or above the thresholds specified in the GHG 

Tailoring Rule. This includes PSD and Title V sources of greenhouse gas 

emissions but does not affect smaller emitters of greenhouse gases. EPA has 

estimated that without the Tailoring Rule there would be 82,000 permitting 

actions nationwide per year necessary to address greenhouse gas emissions, 

but with the implementation of the rule that number is reduced to 1,600 

nationwide. The Division for Air Quality has estimated this regulation 

amendment to affect 30 - 40 permitting actions per year in Kentucky. If these 

amendments are not made, Kentucky's permitting authority for these sources will 

become void. 

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

impacted by either the implementation of this administrative regulation, if 

new, or by the change if it is an amendment: Amendments to the current 

regulation will include the regulation of greenhouse gds emissions. For those 

sources emitting at or above the major source threshold for greenhouse gas / 
emissions, new ~ermits will have to be issued. 

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: Sources permitted under the Title V program 

will have to submit a permit application identifying and reporting the 

emissions but there will be no new requirements or standards imposed on 

the source. Sources permitted under the PSD program will have to submit 

a permit application including Best Available Control Technology (BACT) 

review for greenhouse gas emissions. 

In complying with this administrative regulation or amendment, how 

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

are no emission fees associated with the regulation of greenhouse gas 

emissions. The emission fee requirements of 401 KAR 50:038 do not 

apply to greenhouse gas emissions or carbon dioxide equivalent at this 

point. For those sources that must provide a BACT analysis, there is the 

additional cost to meet She requirements of the BACT determination. As 

BACT has not yet been established, it is unknown what these costs may 

be. Additionally, sources required to obtain a new permit will have the 

expense of completing a permit application. EPA has estimated that a 

Title V permit application for greenhouse gas sources would cost each 

source, on average, between $23,200 and $46,400. 

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

identified in question (3): These major sources will remain in 

compliance with state and federal regulations. 

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

implement this administrative regulation: 

(a) Initially: The inclusion of greenhouse gases in stationary source permits 

will require the Division for Air Quality to expand staff to review the 

increased permit load and inspect changes made to sources as a result of 

this regulation. 

Ib) On a continuing basis: The cabinet must maintain the additional staff in 

order to handle the increase in permit issuance. EPA has estimated that a 

Title V permit application for greenhouse gas sources would cost a 

permitting authority, on average, between $9,844 and $19,688 to process 

each source permit. 

(6) What is the source of the funding to be used for the implementation and 

enforcement of this administrative regulation: Any additional expense 

incurred by the Division for Air Quality to regulate greenhouse gas emissions 

would be paid for through current agency funds. The cabinet is not requesting 

additional general funds for the implementation and enforcement of the 

regulation. With this promulgation, there will be no emissions fees for GHG 

emissions. In Phase I of the federal mandate, there are no additional emission 

fees associated with GHG emissions. However, sources that are brought under 

PSD or Title V permitting during Phases II and Ill of the federal mandate solely 
because of GHG emissions will be subject to Title V emission fees for particulate 

matter, SO2, NOx, and VOC emissions. 

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. The cabinet is not requesting additional general 

funds for the implementation of this administrative regulation. However, Tile V 

emission fees may be impacted by the implementation of this administrative 

regulation, as stated above in paragraph 6. 

State whether or not this administrative regulation established any fees or 

directly or indirectly increased any fees. This administrative regulation does 

not establish fees, but as stated above in paragraphs (6) and (7), Tile V 

emission fees may be impacted. 

TIERING: Is tiering applied? Yes. The Tailoring Rule amends the threshold of 

greenhouse gas emission levels subject to regulation. This tiering revision was 

necessary to prevent small businesses and individuals from becoming subject to 

permitting requirements solely due to greenhouse gas emissions. 
FEDERAL MANDATE ANALYSIS COMPARISON 

1. Federal statute or regulation constituting the federal mandate. As a SIPapproved state for the PSD program under 40 CFR 51.166, recent changes in the 

federal PSDlNSR and Title V programs make it necessary to revise the regulation in 

order to maintain federal approvability. Failure to do so will result in a Federal 

Implementation Plan. 

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

224.10-lOO(5). 

3. Minimum or uniform standards contained in the federal mandate. Changes in 

the federal definitions for this program necessitate amendments in the state 

definitions. 

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

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

mandate? No. 

5. Justification for the imposition of the stricter standard, or additional or 

different responsibilities or requirements. The definitions contained in this 

administrative regulation are not more stringent or otherwise different than the 

corresponding federal definitions. 
FISCAL NOTE ON STATE OR LOCAL GOVERNMENT 

Administrative Regulation #: 401 KAR 52:001 

Contact person: Laura Lund, Environmental Technologist II 

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

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

departments, or school districts)? Yes. 

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

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

administrative regulation? This administrative regulation impacts the Division for 

Air Quality as the applicability of other administrative regulations is altered. Any 

state or local government that emits greenhouse gases in the thresholds subject to 

the PSD or Title V permitting programs would be required to obtain a permit from the 

Division for Air Quality. 

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

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

100(5), (26); 42 U.S.C. 7401,7410,7471, 7607; 40 CFR 51.166. 

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

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

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

regulation is to be in effect. 

(a) H~W much revenue will this administrative regulation generate for the state or 

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

districts) for the first year? This administrative regulation does not generate 

revenue, but Title V fees may be impacted by the implementation of this regulation. 

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

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

districts) for subsequent years? This administrative regulation does not generate 

revenue, but Title V fees may be impacted by the implementation of this regulation. 

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

EPA has estimated that it will cost the permitting authority between $9,844 and 

$19,688 per permit issued, and the ~ivision for ~ir Quality has estimated 30 - 40 

permit actions per year. Therefore, it is estimated that an increase of between 

$300,000 and $800,000 will be necessary to operate this program. 

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

U.S. EPA has estimated that it will cost the permitting authority between $9,844 and 

$19,688 per permit issued, and the Division for Air Quality has estimated 30 - 40 

permit actions per year. Therefore, it is estimated that an increase of between 

$300,000 and $800,000 will be necessary to operate this program. 
(a) How the amendment will change this existing administrative 

regulation: 

(b) The necessity of the amendment to this adrninistrative 

regulation: 

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

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

(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: Any college or university seeking to offer an APRN 

program of nursing; number, unknown. 

(4) Provide an analysis of how the entities identifed in question 

(3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment. 

including:. 

(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: They will have to apply for board approval. 

(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): There are two fees: $250 for already existing programs 

and $2.000 for programs that are beginning new programs. 

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

entities identified in question (3): They will be in compliance with 

the regulation. 

(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation: 

(a) Initially: Unknown 

(b) On a continuing basis: Unknown 

(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: Agencv funds~ 

VOLUME 37, NUMBER 3 - SEPTEMBER 1.2010 ,*P") hb.,m\ber I, 10 

Revenues (+I-): The administrative regulation will bring in some 

revenue through the application fees. 

Expenditures (+I-): Additional staff time, and the possibility of 

additional staff, will be needed since this is a new program for Me 

board. . . i 

Other Explanation: 

ENERGY AND ENVIRONMENT CABINET 

Department for Envlronmentai Protection 

Division for Air Quality 

(Amended After Comments) 

401 KAR 51:001. Definitions for 401 KAR Chapter 51. 

RELATES TO: KRS 48.010(15)(a), 224.01-010. 224.20-100, , 

224.20-1 10, 224.20-120, 40 C.F.R. Chapter 1, 50 Appendices A-R, 

51.100[~1, 51.121, 51.165, 51.166, 51 Appendix S, 52.920, 53, 

60. 60 Appendices A. 6. 61, 61 Appendix B, 63 Appendices A-D, 

70.2,75,82,96,42 U.S.C. 7401-7671q[&XLQW&%] 

STATUTORY AUTHORITY: KRS 224.10-100~+Q4QQS 

-1 

NECESSITY. FUNCTION, AND CONFORMITY: KRS 224.10- 

100@ requires the cabinet to promulgate administrative regulations for the prevention, abatement, and control of air. pollution.[€Q 

-1 This administrative regulation defines the 

terms used in 401 KAR Chapter 51. The definitions contained in 

this administrative regulation are neither more stringent nor otherwise different than the corresponding federal definitions. 

Sect on 1. Delinit~ons. The definitions with citations to the 

Code of Federal Re~ulations shall be qoverned by 40 C.F.R. 

-, Parts 50 throuqh 96, effective July I, 2010. 11) "Acid rain emis- 

(7) Prov~de an assessment of whether an increase In fees or 

fund in^ wdl be necessaw to imolement this adminlstrative reoulation, ~&ew or by the chaige if ~t is an amendment: Unknown " 

(8) State whether or not th~s adminlstrative regulation establ~shed any fees or d~rectly or indirectly Increased any fees. It references the two fees discussed above. 

(9) TIERING: Is t~ering applied? T~enng was not applied as the 

changes apply to all equally 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT 

1. Does this administrative regulation relate to any program, 

service, or requirements of a slate or local government (including 

cities, counties, fire departments, or school districts)? Yes 

2. What units, parts or divisions of state or local government 

(including cities, counties, fire departments, or school districts) will 

be impacted by this administrative regulation? The Kentucky Board 

of Nursing. 

3. Identify each state or federal statute or federal regulation 

that requires or authorizes the action taken by the administrative 

regulation. KRS 314.131 

4. Estimate the effect of this administrative regulation on the 

expenditures and revenues of a state or local government agency 

(including cities, counties, fire departments, or school districts) for 

the first full year the administrative regulation is to be in effect. 

(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, 

fire departments, or schwl districts) for the first year? Unknown 

(b) How much revenue will this adrninistrative regulation generate for the state or local government (including cities, cwnties, 

fire departments, or school districts) for subsequent years? Unknown 

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

year? There is no way to estimate the additional costs to administer this program since it is unknown how many schools will apply. 

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

Note: If specific dollar estimates cannot be determined, provide 

a brief narrative to explain the fiscal impact of the administrative 

regulation. 

slons Ilmitation" means a Imitation on emissions of SO, or NOx 

imposed bv the Acid Rain Proqram under 42 U.S.C. 7651 to 

,76510 

(21 "Actual emasions": 

fa) Means the actual rate of emissions of a reaulated NSR 

pollutant from an emisslons unit as determined accordinq to 

the follb~In9: 

1. Actual emissions as of a particular date eauals the averaqe rate, in tons per vear. at which the unit actuallv emitted 

the pollutant durina a consecutive twenty-four (24) month 

period, that precedes that date and Is representative of normal 

source operation, unless a different time period is more repre- 

-- - -- 

fb) Means source-specific allowable emissions f& the unit 

are equivalent to actual emissions of the unit if the cabinet 

has made an equivalency determination pursuant to 40 C.F.R. 

51.166; 

fc) Means, for an emissions unit that has not beaun normal operations on a particular date. the potential to emit of the 

unit on that date: and - - 

fdl Does not mean: 

1. Calculatinq if a siqnificant emissions increase has occurred: or 

2. Establishina a PAL under 401 KAR 51:017. Section 2OSs 

-2131. .. . , 

13) "Actuals PAL" or "PAL" means a plant-wide applicability 

llmlt~ablished for a malor stationaw source based on the -- 

baseline actual emissions of all emissions units at the source 

that emit or have the potential to emit the PAL pollutantlis 

141 "Adverse im~act on visibility" is defined bv 40 C.F.R. 

51.301. 

15) "Affected facilitv" means an apparatus, buildins, operation, 

road. or other entitv or series of entities that emits or mav emit an 

atr contaminant into the outdoor atmosphere. 

161 "Air contaminant" is defined bv KRS 224.01-010(1). 

171 "Air pollutant" means air contaminant 

VOLUME 37, NUMBER 3 -SEPTEMBER 1,2010 

In the Commonwealth of Kentuckv. 

{b) A baseline area established orlainallv for total suspended particulate (TSPI increments remains in effect to determine the amount of available PM~O increments, unless the 

cabinet rescinds the correspondinq minor source baseline 

dater-1 

(22) "Baselme concentration" means the ambient concentration level that exists in the baseline area on the date the appli- - cable minor source baseline date is establishedl&&hed+y 

123) "Baselme date" means malor source baselme date or 

mlnor source baselme date and IS established for each pollutant for 

which cncrements or other eau~valent measures have been estab- 

(d) Do not include the activities of a vesselr'i 

.. . . --Celsius 

(31) "Cabinet" is defined bv KRS 224.01-01019). 

132) "Cal" means calorie. 

133) "Capital expenditure" is defined bv 40 C.F.R. 60.2. 

134) 'kfm" means cubic feet per minute. 

135) "CH," means methane. 

(36) "Clean coal technoloqv" is defined bv 40 C.F.R. 

51.166(bK33). 

(37) 'Clean coal technoloqv demonstration ~roiect" is defined 

bv40 C.F.R. 51.166(bU34). 

/38) "Clinker" means the product of a portland cement kiln from 

which finished cement is manufactured by millina and arindinq. 

J39) "CO" means carbon monoxide. 

140) "COT means carbon dioxide. 

(41) "COD means chemical oxidant demand. 

lished if the area in which the prooosed source or modification 

would construct IS desmated as attainment or unciassifiable pursuant to 42 U.S C 7407(d)(l )(AN4 or lid for the wllutant on the 

date of the source's completc aopl~cat~on: and 

(a) For a mxr stat1ona6source. the alutant would be emit- m~~omb~ned cvcie &stemM means a svstem com~rised of 

one (1) or more combustion turbines, heat recovery steam 

generators, or steam turbines confiqured to improve overall 

efficiencv of electricitv aeneration or steam productionIis-8e- 

---- -~ 

ted in significant amounts: or 

[b) For a maior modification, there would be a siqnificant net 

emissions increase of the pollutant. 

(24) "Beqin actual construction" means: 

143) "Combustion turbine" means an enclosed fossil or other 

fuel-tired device that is comprised of a comDressor, a combustor, and a turbine. and in which the flue gas resultina from 

(a) Initiation of ~hvsical on-site construction activities on 

an emissions unit that are of a permanent nature and include 

installation of buildin0 supports and foundations. lavinq underqround pipe work. andconstruction of permanent storaqe thPzmb&on of fuel in-the combustor passes throuqh the 

turbine, rotatinq the turbineI.sdel.nedV1 .. . . . (44) "Commence" means that an owner or operator: 

la] Has undertaken a continuous proaram of construction, 

modification, or reconstruction of an affected facility, or that 

an owner or operator has entered into a contractual obliaation 

to undertake and complete. within a reasonable time. a contistructures: and 

jbl For a chanqe in method of operations, those on-site 

activities, other than the preparatow activities, that mark the 

initiation of the chanqerpL 

(25) "Best available control technoloav" or "BACT' means an 

emissions limitation. includina a visible emission standard, 

based on the maximum deqree of reduction for each reaulated 

NSR pollutant that wiii be emitted from a pr0POSed maior stanuous proqram of construction, modification, or reconstruction of an affected facilitv: or 

Jbl For construction of a maior stationarv source or maior 

modification in the PSD or NSR Droqram, has all necessary 

preconstruction approvals or permits, and: 

tionarv source or maior modification and: 

la) Is determined bv the cabinet pursuant to 401 KAR 

51:017. Section 8, after takinq into account enemv. environmental, and economic Impacts and other costs, to be achieva- T~asbequn. or caused to beain. a continuous proqram 

of actual on-site construction of the source, to be completed - - 

ble bv the source or modification throuqh a~olication of production processes or available methods. svstems. and tech- within a reasonable time; or 

2. Has entered into bindina aqreements or contractual 

obliqations, that cannot be cancelled or modified with~ut substantial loss to the owner or operator. to undertake a proaram 

niaues. includinq fuel cleanina or treatment or innovative fuel 

combustion techniques for control of that pollutant; 

(b) Does not result in emissions of a pollutant that would 

exceedhe emissions ailowedbv an applicable standard codi- of actual construction of the source to be completed within a 

fled in 40 C.F.R. Parts 60 and 61; and reasonable time6 

(cl Is satisfied bv a desian, eaui~ment, work practice, or 

operational standard or combination of standards approved 

bv the cabinet, 

p 

if: 

51.166(b)(12) that technoloqical or economic limitations on the 

application of measurement methodoloqv to a particular 

emissions unit would make the Imposition of an emissions 

standard infeasible: tKBBFafftl. 

(45) "Commence commercial operation" means to have begun to produce steam, aas, or other heated medium used to 

2. The standard establishes the emissions reduction 

achievable bv implementation of the desian, equipment, work -- - practice, or operation: and generate electricity for sale or use. Except as provided in 401 

KAR 51:195 or 40 C.F.R. 96.5: 

(a) For a unit that is a NOx budget unit under 40 C.F.R. 

96.4. on the date the unit commences commercial operation, 

the date remains the unit's date of commencement of wmmercial operation even if the unit is subseauentlv modified, 

- 

3. The standard provides for compliance bv means that 

achieve equivalent resultslw h:. IC S ., . B . 

-- 

reconstructed, or repowered; or 

Jbl For a unit that is not a NOx budqet unit under 40 C.F.R. 

96.4, on the date the unit commences commercial operation, 

the date the unit becomes a NOx budaet unlt under 40 C.F.R. 

96.4 is the unit's date of commencement of commercial owrationl-1 . . .. 146) "Commence ooerat~on" means, for a NOx budaet unit, 

to have beaun a mechanical. chemical, or electronic Drocess, 

lncludinq start-up of a unit's combustion chamber. EXceDt as 

provided in 401 KAR 51:195 or 40 C.F.R 96.5: 

Ja) For a unit that is a NOx budqet unit under 40 C.F.R. 

96.4 on the date of commencement of operation. the date remains the unit's date of commencement of operation even if 

to recirculatina water. steam, or other mediumks 

(28) "BTU' means British thermal unlt. 

(291 "Buildinq. structure, facilitv, or installation" means all of 

la) Belona to the same industrial qroupina or have the 

same two (2) diqit maior proup code as described in the Standard Industrial Classification Manual: 

lbl Are located on one (I] or more conticluous or adiacent 

- 

properties; 

(c) Are under the control of the same person or persons 

under common control: and 
VOLUME 37, NUMBER 3 -SEPTEMBER 1,2010 I 

the unit is subsequently modified. reconstructed, or reoowered: or 

jb) For a unit that is not a NOx budaet unit under 40 C.F.R. 

96.4 on the date of commencement of operation, the date the 

unit becomes a NOx budaet unlt under 40 C.F.R. 96.4 is the 

unit's date of commencement of o~erationr- 

(47) "Complete" is defined bv 40 C.F.R. 51.166(b)(22). 

146) "Compliance schedule" means e time schedule of remedial measures inciudina an enforceable sequence of actions or operations leadina to com~liance with a limitation or standard. 

(49) "Compliance suoplement pool" means the quantity of NOx 

allowances provided to Kentuckv by the U.S. EPA to be: 

(a) Allocated to NOx budaet units that achieve earlv reduction: 

- or 

{b) Used to asslst NOx budqet Sources that are unable to meet 

the compliance deadline as provided in 401 KAR 51:180, Section 

- 5. 

(50) "Construction" means: 

air contaminant source: or 

(bl For the NSR pro&ram, any physical chanqe or chanqe 

in the method of operation, includlnq fabrication. erection, 

installation, demolition, or modification of an emissions unit 

that would result in a chanae in the emissions at an air contaminant sourceL 

awlw=mtaRIKMRC6BWSe;-BF 

(51) "Continuous ernlssions mon~torinq svstem" or "CEMS" 

means all of the eaui~ment necessary to meet the data acauisition and availability reauirements of 401 KAR 51:017 or 

51:052 to sample, condition (if a~plicable), analyze. and proanalvze, measure, and provide, by readinqs taken at least 

once everv fifteen (15) minutes of the measured parameters, a 

permanent record of NOx emissions. expressed in tons per 

hour for NOx. The followino systems are necessary component varts, as reauired by 40 C.F.R. Part 75. included in a continuous emissions monitorina system: 

{a) Flow monitor; 

{bl NOx pollutant concentration monitor; 

Jcl Diluent qas monitor (0, or CO& 

{dl Continuous moisture monitor; and 

: (e) Automated data acauisition and handlinq svstemlk 

(53) "Continuous emissions rate rnonitorina svstem" or 

"CERMS" is defined bv40 C.F.R. 51.166(b)(46). 

(54) "Continuous monitorina svstern" means the total equipment. reauired under the a~dicable administrative reaulations in 

401 KAR Chapters 50 to 65, used to sample, to condition (if a~plicable), to analvze, and to Drovide a permanent record of emissions 

or process parameters. 

(55) "Continuous parameter monitorina svstem" or "CPMS" is 

defined bv: ~ -~ 

la) 40 C.F.R. 51.166(b)(45) for401 KAR 51:017: or 

/b) 40 C.F.R. 51.165(a)(l)(xxxiii) for 401 KAR 51:052. 

156) "Control period" means the period beginninq May 1 of a 

year and endina on Sedember 30 of the same year. inclusive 

1-L .. . . . 

(57) "Director" means Director of the Division for Air Qualitv of 

the Enerqv and Environment Cabinet. 

158) "District" is defined bv KRS 224.01-OlO(111. . 

(59) "dscf' means drv cubic feet at standard conditions. 

160) "dscm" means drv cubic meter at standard conditions. 

(61) "Electric aeneratina unit" means. for 401 KAR 51:160 to 

51:195, a fossil fuel-fired boiler, combustion turbine. or a combined 

cvcle svstern used to aenerate twentv-five (251 meaawatts or more 

of electricitv, some of which is offered for sale. - ~ -~ 

are two (2) types of emissions units: 

fa) A new emissions unit. which Is anv emissions unit that 

is or will be newly constructed and that has exlsted for less 

than two (2) years from the date the unit first operated: and 

fb) An existina emisslons unit, which is any emissions 

unit that does not meet the reauircments in oaraaraoh (a) of 

this subsection or is a replacement unitk-defidB~ 

ta)40GR-5l71- . . 

. . .I&(aKljlv r 

m!e as apractEE%ZZZh'at me emisslon or other standar.dmt@ined In a perm11 or compliance schedule incu 

(a) Techn callv accLrale ernlsslon standards and the port~ons 

of the source that a!es!~bject 111 trie standards, 

Jb) A time period adequate to demonstrate compliance with the 

standards; and 

Jc) The method the source shall use to achieve and demonstrate corn~liance with the limitations and standards, includinq 

appropriate monitorina. recordkeepina. and re~orting, 

(661 "Eauivalent method" means a method of sam~lina and 

analvzina for an air pollutant that has been demonstrated to. 

the cabinet and the U.S. EIPA pursuant to 40 C.F.R. 53.3 to 

have a conslstent and quantitatively known relationship to the 

reference method, under specified conditions[- 

BetkPL 

167) "Excess NOx emissions" means anv tonnaae of nitrogen oxides emitted by a NOx budaet unit during a control 

period that exceeds the NOx budaet emissions limitation for 

the unit[-L .. . . , 

(68) "Exempt Compound" or "exem~t solvent" means an oraanic comuound listed in the definition of volatile oraanic compound as 

not oartici~atina in atmospheric ~hoto~hemi~al reactions. 

(69) "Existina source" means a source that is not a new 

source. 

(70) "Extreme nonattainment countv" or "extreme nonaltainment area" means a countv or portion of a countv desianated extreme nonattainment for the national ambient air qualitv standard 

for ozone. 

171 1 "OF" means deqree Fahrenheit. 

1721 "Federal land manaaef 1s defined bv 40 C.F.R. 

51.166(bm 

173) "Federally enforceable" means all limitations and conditions that are enforceable by the US. EPA. includinq: 

la) Requirements developed under 40 C.F.R. Parts 60 and 

a 

fbl Reaulrements in the Kentuckv State Implementation 

Plan (SIP) approved bv the U.S. EPA: and 

Id Any permit reauirements established under 40 C.F.R 

52.21 or under the Kentuckv -- SIP ap~roved pursuant to 40 

C.F.R. Part 51. Subpart I, includinq operatina permits issued 

under a US. EPAapproved proaram incorporated into the SIP, 

that exvresslv requires adherence to a permit issued under 

the vroaraml+sdeke&@AO CF P.. ~KU&F~ou~ 

-%Mnistr-l. . . 

(74) 'Federalw - I-lenforceable permit" means a permit issued - -~ ~- 

under31 KAR 52:020 or 52:030. as ap~ro~liate. 

(75) "Fixed capital cost" means the capital needed to vrovide all the depreciable c0mponentsI'- .. . 

1761 "Fossil fuel" means natural aas; ~etrolcum: coal: or a 

form of solid, liauid, or gaseous fuel derived from natural qas. 

petroleum, or coalI1s4efin-1 . . 

- 

1771 "Fossil fuel fired" means, for unit: -- - 

la) The combustion of fossil fuel, alone or In combination 
VOLUME 37, NUMBER 3 - SEPTEMBER 1,2010 

with another fuel. if the fossil fuel wmbusted comprises more 

than flflv 150) percent of the annual heat in~ut on a BTU basis 

durina a vear startina in 1995 or, if a unit had no heat input 

startina in 1995, durina the last vear of operation of the unit 

- 

basis durlna a vear. and the I 

178) "it" means feet or foot. 

179) "Fuel" means natural qas: ~etroleum: coal: wood: or a 

form of solld, liauid, or qaseous fuel derived fmm these materials 

for the Dumose of creatlna useful heat. 

180) "Fuqltlve em~ssions" I-1 means those emissions that 

could not reasonabiv pass throuah a stack. chmnev. vent, or other 

functionallv equlvalent openinaL 

[a) Does not include the heat derlved from preheated 

combustion air, recirculated flue aases. or exhaust from other 

sources; and 

lb) Is measured, recorded, and re~orted tori 

the cabinet 

188) "HF means hvdroqen fluonde 

J89) 'Ha" means mercury. 

(90) "Hlah terrain" 1s defined bv 40 C.F.R. 51.1661b)(25). 

191) "hr" means hour. 

(92) "Hvdrocarbon" means an orqanic compound consistinq 

predominantlv of carbon and hvdroqen. 

1931 "Hvdrocarbon combustion flare" means: 

la) A flare used to complv witn an a~~licable New Source Performance Standard (NSPS) or Maximum Achievable Control Technoloav (MACTI standard, ~ndudina uses of flares durina startup, 

shutdown, or malfunct~on ~ermitted under the standard: or 

[b) A flare that serves to control emissions of waste streams 

comorised Dredominatelv of hvdrocarbons and containina no more 

than 230 ualdscm hvdroaen sulfide. 

(94) "H20 means water. 

195) "HS means hvdroqen sulfide. 

(96) "H9SOc means sulfuric acid. 

(97) 'in" means Inch. 

(98) "Incineration" means the process of ianitina and burning 

solid. semisolid, liau~d, or gaseous combustible wastes. 

199) 'Industrial boiler or turbine" moans a fwsil fuel-fired boiler, 

combustion turbine, or a combined cvcle svstem havina a maximum design heat input of 250 MMBTU per hour or more tnat is not 

an electric aeneratlna unit. 

(100) "Innovative control technoloqv" is defined bv 40 C.F.R. 

51.166(bU19L 

cl011 "Internlittent emtssions" means emissions of narticubte 

matter into the open air from a process that operates for less than 

anv six 16) consecutlve mmutes. 

(102) "J" means loule 

1103) "Kq" means k~loaram 

[104) "1" means liter 

1105) "lb" means Dound. 

11061 "Leqaliv enforceable" means the cabinet or the U S. €PA 

has the authorltv to enforce a cerlaln restnctlon. 

1107) "Lona dm kh" means a kh that em~lovs no preheatinq 

of the feed and has a drv inlet feed. 

(108) "Lona wet klln" means a klin that em~lovs no reheating 

of the.feed and the inlet feed to the kiln is a sturrv. 

(109) "Low terrain" means an area other than high terrain. 1 

[I101 "Lowest achievable emissions rate" or "LAER" means, ' 

for anv source: 

{all. The most strinaent emissions limttatlon that is contained in the Kentuckv SIP for the class or cateaow of stationaw source. unless the owner or operator of the Dr0~05ed 

stationaw source demonstrates that the limitation is not 

achievable: or 

2. The most strinaent emissions limitation achieved in 

practice by the class or cateaorv of stationaw source; 

[b) For a major modification, the lowest achievable ernissions rate for the new or modified emissions units at the sta- 

[c) An emissions limitation that does not exceed the allowable emissions of an applicable standard established oursuant to 40 C.F.R. Parts 60. 61. or 63I- .. . 

11 11) 'm" means meter. 

(1 12) "mL' means cubic meter. 

11 13) "Maior emiss~ons unit" means: 

(a) Any emissions unit that emits or has the potential to 

emit 100 tons per year or more of a PAL pollutant in an attainment area: or 

(bl Anv emissions unit that emits or has the ootential to 

emit a PAL pollutant in an amount that is equal to or areater 

than the maior source threshold for the PAL pollutant as defined bv the Clean Air Act, 42 U.S.C. 7401 - 7671a for nonattainment areasf- C.F.!?. 6! !SSWWk+l. 

(114) "Malor mod~fication" means a vhvsical chanae in or a 

chanae in the method of operation of a maior stationary 

source that resulls in a siqnificant emissions increase and a 

sianificant net emissions increase of a regulated NSR pollu- 

- ,".... 

{a) A sianificant emissions increase from any emissions 

units or net emissions increase at a maior stationaw source 

that is sianificant for volatile oraanic com~ounds or nitroaen 

oxides is considered sianificant for ozone. 

lbl A Dhvsical chanae or chanqe in the method of operation does not include: 

I. Routine maintenance, repair, and replacement; 

2. Use of alternative fuel or raw material bv reason of an 

order or a natural qas curtailment plan in effect under a feder- 

&& 

3. Use of an alternative fuel at a steam-aenoratina unlt to 

the extent that the fuel Is qenerated from municipal solid 

Waste: 

4. Use of an alternative fuel or raw material bv a stationary 

after Januarv 6. 1975, forKA~51:017. or Decembe~21. 

1976. for 401 KAR 51:052. pursuant to 40 C.F.R. 51.165 or 

51.166: or 

b. The source is approved to use bv a permit issued pursuant to 401 KAR 51:017 or 51:052; 

5. An increase in the hours of operation or in the ~roduction rate. unless the chanae is prohfbited bv any federally 

enforceable permlt condition established afler Januaw 6, 

1975, for 401 KAR 51:017 or December 21.1976, for 401 KAR 

51:052 pursuant to 40 C.F.R. 52.21: after June 6, 1979, pursuant to 401 KAR 51:015: after September 22.1982. pursuant 

to 401 KAR 51:017: or pursuant to 401 KAR 52:020 and 

.....,..,-, 21.nlRF. 

6. Achanqe in ownership at a stationaw source; 

7. The installation, operation. cessation, or removal of a 

temporaw clean coal technoloay demonstration ~roiect, if the 

proiect complies with the ~entickvSlP and other reaulrements necessarv to attain and maintaln the national ambient 
air quality standards durinq the ~roiect and afler it is terminated: 

8. The installation or operation of a permanent clean coal 

technoloqv demonstration proiect that constitutes repowerinq, if the ~roiect does not result in an increase in the potential to emit of a requlated ~ollutant emitted bv the unit. on a 

pollutant-by-pollutant basis: or 

9. The reactivation of a verv clean coal-fired electric utility 

steamqeneratinq unit. 

fcl Instead of this definition, the definition for "PAL maior 

modification", in subsection (175) of this section, is used for a 

particular requlated NSR pollutant. if the major stationary 

source is complyinq with the requirements of 401 KAR 51:017, 

-Section 20. and 401 KAR 51:052. Section 11. for a PAL for that 

pollutantIw 

(115)"Maior NSR permit" means a permit issued under Kentuckv's PSD or NSR proararn. 

(116) "Maior source" means a source with a potential emission rate equal to or areater than 100 tons per vear of any one 

(1) of the followinq pollutants: particulate matter, sulfur 

oxides, nitroaen oxides, volatile oraanic compounds, carbon 

monoxide, or OD-w 40 GC-R 70- 

401 I(AR Gna~ler- . r'h defined b+t&+a& -- 

1. 

(1 17) "Maior source baseline date" means: 

(a) For particulate matter and sulfur dioxide. January 6, 

1975: and 

(b) For nitroqen dioxide. Februarv 8. 1988rid&&&4Q 

(1 18) "Major stat~onarv source" means: 

fall. A stationarv source of air ~ollutants that emits, or 

has the potential to emit. 100 tons per year or more of a requlated NSR pollutant, except that: 

a. For ozone nonattainment areas: 100 tons per vear of 

more of volatile orqanic compounds or nitroqen oxides in a 

maminal or moderate ozone nonattainment area: fifty (50) tons 

per year or more of volatile orqanic compounds or nitroqen 

oxides in a serious ozone nonattainment area; twentyfive (251 

tons oer year or more of volatile oraanic CO~DOU~~S or nitrogen oxides in a sevcrc ozone nonattainment area: or ten (10) - - 

tons oer vear or more of volatile oraanic compounds or nifrogen oxides in an extreme ozone nonattainment area; 

b. Fifty (501 tons per vear or more of carbon monoxide in a 

serious carbon monoxide nonattainment area where stationarv sources contribute sianificantlv to carbon monoxide 

levels; and 

c. Seventy (70) tons per vear or more of particulate matter 

fPM,o) in a serious PMqo nonattainment area: or 

2.a. For the PSD proqram, any of the followinq stationarv 

sources of air pollutants that emits, or has the potential to 

emit. 100 tons per vear or more of a requlated NSR pollutant: 

fossil fuel-fired steam electric Dlants of more than 250 million 

BTU Der hour heat input, coal cleaninq plants with thermal 

drvers, kraft pulp mills. Portland cement plants. primary zinc 

smelters, iron and steel mill Dlants, primarv aluminum ore 

reduction plants, primarv copper smelters. municipal incinerators capable of charainq more than 250 tons of refuse oer day, 

hydrofluoric, sulfuric, and nltric acid plants, petroleum refineries, lime plants, phosphate rock processing plants, coke 

oven batteries, sulfur recoverv plants. carbon black plants 

jfurnace process). primary lead smelters, fuel conversion 

plants, sinterinq plants, secondary metal production plants, 

chemical process plants, except ethanol production facilities 

producinq ethanol bv natural fermentation under the North 

American lndustrv Classification Svstem (NAICSI codes 

325193 or 312140, fossil fuel boilers. or combination of fossil 

fuel bollers, totalina more than 250 million BTU oer hour heat 

input, petroleum storaae and transfer units with a total storase capacity exceedina 300.000 barrels, taconite ore 

processinq plants, qlass fiber Drocessinq ~lants, and charcoal 

production plants: and 

b. Reqardless of the stationary source size s~ecified in 

VOLUME 37, NUMBER 3 -SEPTEMBER 1,2010 

- 1227 - 

subclause li) of this clause, a stationarv source that emits. or 

has the potential to emit. 250 tons per vear or more of a reaulated NSR pollutant; or 

3. Anv physical chanqe that will occur at a stationary 

source not otherwise qualifyinq under this subsection as a 

maior stationary source, if the change will constitute a maior 

stationarv source bv itself, 

(b) A source that is maior for volatile oraanic comoounds 

or nitroqen oxides is considered maior for ozone: and 

fc) Fuaitive emissions are included only if the source belonqs to one (1) of the followinq categories of stationary - 

sources: 

1. Coal cieaninq plants with thermal dryers; 

2. Krafl pulp mills; 

3. Portland cement plants; 

4. Primarv zinc smelters; 

5. Iron and steel mills; 

6. Primary aluminum ore reduction plants; 

7. Primary copper smelters: 

8. Municipal incinerators capable of charainq more than 

250 tons of refuse per day; 

9. Hvdrofluoric, sulfuric, or nitric acid plants; 

10. Petroleum refineries; 

11. Lime plants: 

12. Phosphate rock processinq plants; 

13. Coke oven batteries; 

14. Sulfur recovery plants; 

15. Carbon black plants (furnace procesd; 

16. Primarv lead smelters; 

17. Fuel conversion plants; 

18. Sinterinq plants; -- 

19. Secondarv metal production plants; 

20. Chemical process plants, except ethanol ~roduction 

facilities producinq ethanol by natural fermentation under 

NAlCS codes 325193 or 312140; 

21. Fossil-fuel boilers, or combination of fossil-fuel boilers, totalinq more than 250 million BTUs per hour heat input; 

22. Petroleum storaqe and transfer units with a total storaqe capacily exceedinq 300.000 barrels; 

23. Taconite ore ~rocessinq plants; 

24. Glass fiber ~rocessinq plants; 

25. Charcoal production plants: 

26. Fossil fuelfired steam electric plants of more than 250 

million BTUs per hour heat input; or 

27. Another stationarv source cateaorv that, as of Auaust 

7, 1980, is beinq requlated under 42 U.S.C. 7411 or 741216 

5ie%e&E 

(119) "Malfunction" means a sudden and infrequent failure 

of air pollution control equipment, process equipment, or a 

process to operate in a normal or usual manner that is not 

caused entirely or in part by poor maintenance, careless op- - -- 

eration, or other upset condition or eauipment breakdown that 

is reasonably preventablel-=-I, 

1120) "Mandatorv Class I area" means an area identified in 40 

C.F.R. Part 81. Subpart D. d the administrator of the U.S. EPA, in 

consultation with the Secretarv of the US. De~artment of Interior. 

has determined visibilitv to be an important -- value. 

f121) "Maralnal nonattalnment count~" or "maminal nonattainment area" means a countv or portion of a countv desianated marginal nonattainment for the national ambient air qualitv standard for 

ozone. 

8621. 

(123) 'Maximum potentfa hourlv heat in~ut" means an hourlv 

heat inout used for reportinq purposes if a unit lacks certified 
VOLUME 37, NUMBER 3 -SEPTEMBER 1,2010 

to report heat input: or 

Lb) A value reported accordinq to 40 C.F.R. Part 75 usinq 

the maximum potential flow rate and either the maximum percent CO, concentration i~n percent CO,) or the minimum Dercent 09, if the unit intends to use a flow monitor and a diluents 

gas monitorlP1 

J124) "Maxlmum potenbal NOx emlssion rate" means the 

emission rate of NOx i~n lbper MMBTU) calculated accordinq 

to 40 C.F.R. Part 75, Appendix F. Section 3. uslnq the maximum potential NOx concentration as defined in 40 C.F.R. Part 

75, Aopendix A. Section 2, and the maximum Dercent 0, or the 

minimum percent CO2 under all operating conditions of the - unit except for unlt startu~, shutdown. and malfunctionrw 

1125) "Maxlmum rated hourlv heat ~nput" means a unit specific maximum hourlv heat input 1MMBTU) that is the hiaher of 

the manufacturer's maxlmum rated hourlv heat input or the 

hiahest observed hourlv heat inrrutlgg21. 

1126) "ua" means mlcroqram 

Jl27) "ma" means m~ll~aram 

(128) "Mid-k~in firma" means the sewndaw firma In kilns by 

lnlectlnq solid fuel at an intermed~ate Dolnt In the k~ln usina a spec~aliv des~aned feed ~nlectron mechanism for the purpose of decreasinq NOx emissions throuah: 

lal Burnina part of the fuel at a lower temperature: and 

[bl Reducina-conditions at the solid waste iniection point that 

mav destroy some of the NOx formed upstream in the kiln burninq 

zone. 

11291 "mln" means mlnute. 

(130) "M~nor source baselme date" means: 

(a) The earliest date afler the triaqer date on which a maior 

stationaw source or a maior modification subiect to permit 

requirements established pursuant to 40 C.F.R. 52.21 or the 

Kentuckv SIP submits a complete application: 

1, For particulate matter and sulfur dioxide, the triqqer 

date Is Auqust 7. 1977: and 

2. For nitroaen dioxide, the triaqer date is Februaw 8, 

1988: 

- 

(bl For TSP increments, that the oriqinallv established 

date remains in effect to determine the amount of available 

2. For a maior stationary source, the pollutant will be emitted in sianlficant amounts or a sianificant net emissions increase of the pollutant will occur for a maior modificationlis 

1131) "MY means meaaioules. 

{I321 "rnrn" means millimeter. 

1133) "MM" means million. 

{I341 "mow means nionth. 

1135) "Moderate nonattainment county" or "moderate nonattainment area" means a wuntv or portion of a county desianated 

moderate nonattainment for the national ambient air aualitv standard for ozone. 

fa) Increases the amount of anv a 

standard applies) emitted into the atmosphere by 

or that results In the emission of any air ~ollutant (to which a 

standard a~~lies) into the atmosphere not previouslv -- emitted; 

and 

/b) Is not solelv: 

I. Maintenance, repair, and replacement that the cablnet 

determines to be routine for a source cateqow considerinq 

available information; 

2. An increase in ~roduction rate of an affected facilitv, if 

that increase can be accom~lished without a capital exmndiamended prior to the chanqe; 

5. Conversion to coal reauired for enerav considerations, 

as specified in 42 U.S.C. 7411ia)181; 

7. The relocation or chanqe in ownership of a sourceli 

(1371 "Mon~tonna devcce" means the total eaulmenl. reauired 

bv an appl~cable adm~nfsrratlve reaulatlon In 401 KAR Chapters 50 

to 65, used to measure and record. if applicable, process parame- 

- ters. 

(138) "Monitorinq svstem" means a monitorina system that 

meets the requirements of any applicable administrative requlation In 401 KAR Chapters 50 to 651-. 

11 39) "MWe" means meaawatt electrical. 

(140) "NT means nitroqen. 

J141) "Nameplate capacity" means the maximum electrical 

1142) "Natural conditions" means those naturally occurrinq 

phenomena that reduce v~s~bllltv as measured In terms of visual 

ranqe, contrast, or coloration 

1143) "Necessary preconstructlon a~~rovals or permits" means 

those aermits or approvals reauired under the administrative 

requlations approved to the Kentuckv SIP pursuant to 40 

C.F.R. 52.920, and federal air aualitv control laws and reaula- - tions established pursuant to 42 U.S.C. 7401 - 767lalis4efkd 

11441lW "Net emlsslons ~ncrease" means: 

fa)Ll For anv reaulated NSR wllutant emitted bv a malor stationary source, the amount bv which the sum of subparaaraohs 1 

and 2 of this Daraaraph exceeds zero: 

1. An increase in emissions from a particular physical chanqe 

or chanqe in method of operation at a stationaiv source as calculated pursuant to 401 KAR 51:017, Section 114). or 401 KAR 

51 :052. Section l(2l: and 

2. Anv other increases and decreases in actual emissions at 

the maior stationary source that are contemporaneous with the 

particular chanae and are otherwise creditable. Baseline actual 

emissions for calculalinq increases and decreases under this paraQraDh are determined as defined in this section. 

(b) An increase or decrease in actual emissions is wntemporaneous with the increase from the particular chanqe only if: 

1. For construction that commences prior to Januaw 6. 2002, 

the chanae occurs between the date ten (101 wars before construction on the chanae wmmencesM and the date that the in- 

(c) An increase or decrease in actual emissions is creditable 

a / 

1. The cabinet or the U.S. €PA has not relied on the chanae in ! 

issuina a permit for the source pursuant to 401 KAR 51:017, 

51:052, or40 C F R. 52.21: and 
VOLUME 37, NUMBER 3 -SEPTEMBER 1,2010 

2 The permit 8s In effect at the time the increase or decrease In 

actual emlsslons from the Dartlcular chanae oars. 

(d)An increaseor decrease in actual emissions of sulfur dio- ' xide, particulate matter, or nitroaen oxides that occurs before the 

apolicable minor source baseline date is creditable onlv - - if it is re- -- 

wired to be considered in calculatina the amount of maximum 

allowable increases remainina available. For particulate matter, 

onlv PMw emissions are used to evaluate the net emissions inextent that the new level of actual emissions exceeds the old level. 

ffl A decrease in actual emissions is creditable onlv to the 

extent that: 

1 The old level of actual emissions or the old level of allowable 

emissions, whichever IS lower, exceeds the new level of actual 

emlsslons: 

2. The decrease is enforceable as a practical matter at and 

afler the time that actual construction on the ~artlcular chanqe 

beans; and 

3. The decrease has approximatelv the same qualitative sianificance for public health and welfare as that attributed to the increase from the partiwlar chanae. 

la) An increase that results from a Phvsical chanae at a source 

occurs if the emissions unit on which construction occurred becomes operational and beains to emit a particular pollutant. A replacement unit that requires shakedown becomes operational onlv 

after a reasonable shakedown period, not to exceed 180 davs. 

(h) The term, actual emissions, as defined in subsection (21 of 

this section does not apply in determinina creditable increases and 

- decreases. 

(145) "New source' means a source, the constructcon, reconstruction, or moddiinf which commenced on or after Ihe classificat~on date as dcfincd in the @plicaole adm.n~strative~ulation, irrespective of a chanae in emission-rate. 

(146) "Nitroqen oxides" means all oxides of nitroqen except 

nitrous oxide, as measured bv test methods specified in the Kentuckv SIPlbMe+a&&l. 

(147) "na" means nanoqrams. 

(148) "NO" means nitric oxide. 

(149) "NO," means nitroqen dioxide. 

(1501 'Nonatta~nment maior new source review proarm" or 

"NSR proaram" IS defined bv 40 C.F.R 51 165(a)(ll(xxx). For 

purposes of th~s definition, "admin~strator" means the U S EPA 

(I 51) "NOx" means nltroaen oxides 

11521 "NOx allowance" is defined bv40 C.F.R. 96.2. 

(153) "NOx Allowance Trackina Svstem" or "NATSIWI" 

is defined by 40 C.F.R. 96.2 For purposes of this definition, "admin- 

(154) 'NOx authorized account representative" is defined bv 40 

C.F.R. 96.2. 

(155) "NOx budqet emissions limitation" means, for a NOx 

budqet unit, the tonnaae equivalent of the NOx allowances available for compliance deduction for the unit and for a control period 

under 401 WR 51:160 adiusted bv deductions of sufficient NOx 

allowances to account for: 

la) Actual utlllzatlon under 40 C.F.R. 96 42(e) for the control 

YIIIVU. narinri. 

(b) Excess NOx emissions for a prior control Deriod under 40 

C.F.R. 96.54(dl 

(c) Withdrawal from the NOx budaet Droaram under 40 C.F.R. 

98.86: or 

Id) A chanae in reaulatorv status for a NOx budget opt-in 

source under40 C.F.R. 96.87. 

(156) "NOx budaet oat-in source" means an affected facility 

that has elected to become a NOx budaet unit under the NOx 

Budaet Tradina Prwram and whose NOx budaet opt-in permit has 

been issued and isin effect. 

(157) "NOx budaet source" is defined bv 40 C.F.R. 96.2. 

-- - 

(158) "NOx Budaet Tradina Proaram" is defined bv 40 C.F.R. 

y6.2. 

1159) "NOx budqet unit" means a unit that is subiect to the 

NOx Budaet Tradina Proaram emissions limitation under 401 KAR 

51:160 or40 C.F.R. 96.80. 

(160) "NOx budqet unlt operator" means a person who ooerates, controls, or supervises a NOx budaet unit, a NOx budaet 

manaqerof a NOx budaet unit or source. 

(161) "NOx budqet unit owner" means: 

(a) A holder of a portion of the leqal or eauitable title in a NOx 

budaet unit or in a unit for which an application for a NOx budaet 

opt-in permit under401 KAR 51:195 is submitted and not denied or 

withdrawn: 

pp~ - -- 

for which an application for a NOx budaet opt-in permit under 401 

KAR 51:195 is submitted and not denied or w~thdrawn under a lifeof-the-unit. firm Dower contractual arranqement and unless expresslv provided for in a leasehold aareement, does not include a 

passive lessor, or a.yerson who has an eauitable interest throuah 

the lessor. wnose rental payments are no1 based, ellher d~recllv or 

indirectlv, upon the revenues or income from the NOx budaet unlt 

or the unit for which an application for a% budaet opt-in permit 

under 401 WR 51:195 is submitted and not denled or w~thdrawn; 

- or 

(dl For anv qeneral account. a Derson who has an ownershl~ 

interest with respect to the NOx allowances held In the aeneral 

account and who IS subiect to the bindinq aareement for the NOx 

authorized account representative to reoresent that person's ownership. 

(162) "0;' means oxvqen. 

(163) "0;' means ozone 

(164) "Opacitv" means the degree to which emissions reduce the transmission of liaht and obscure the view of an 

object in the backaroundr&f~l ... . . (165) "Ooeratinai' means,fora NOx budaet unit, having documented heat input for more than 876 hours in the six (61 months 

immediately precedinq the submission of an application for an 

initial NO% budctet permit. 

(166) "Operator" means. for a NOx budaet unit. any person 

who operates, controls, or supervises a NOx budaet unit. a NOx 

budaet source. or unit for which an application for a NOx budaet 

opt-in permit is submitted and not denled or withdrawn, and includes anv holdinq WmDanv, utilllv system, or plant manaaer of 

the unlt or source. 

(167) "Opt-in" means to be elected to become a NOx budaet 

unit under the NOx Budqet Tradina Pmaram thmuah a final NOx 

budaet opt-in permlt 

(168) "Owner", for a NOx budaet unit, is defined bv 40 C.F.R. 

- 96.2. 

/169) "Owner or operator" means a oerson who owns, leases. operates, controls, or supervises an affected facilltv or a 

source of which an affected facilitv is a oartli 

/170) "oz" means ounce. 

(171 l "Ozone depietina wtential" or "ODP, means pursuant to 

40 C.F.R Part 82. Subpart A. ApDendiceS A and 6, the ratio of the 

total amount of ozone destroved bv a hxed amount of an ozone 

depletinq substance to the amount of ozone destroved bv the 

same mass of trichiorofluoromethane (CFC-11) in which the ozone 

liaht, that are ableto catalyzethe deSt~~tlOn of stratospheric 

(173) "PAL effectwe date" means: 

la) The date of issuance of the PAL ~ermit: or 

lb) For an increased PAL. the date anv emissions unlt that 

is Dart of the PAL maior modification becomes o~erational 

and beqins to emit the PAL pollutantri . . 1 

(1741 "PAL effectwe penod" means the ~eriod beainninq 

with the PAL effective date and endina ten (10) vears laterks 

L 
VOLUME 37, NUMBER 3 -SEPTEMBER 1.2010 

1175) "PAL maior mod~ficat~on" means anv ~hyslcal change 

in or a change in the method of operation of the PAL source 

that causes it to emit the PAL pollutant at a level eaual to or 

greater than the PALP-1 

J176) "PAL ~erml? means the permit issued by the cabinet - that establishes a PAL for a maior stationary source^^ 

1177) "PAL wilutant" means the pollutant for which a PAL is 

established at a maior stationary source[- 

!s3waaM 

11781 '~a~~ulate matter" means a material, except uncombined water that exists in a finelv divided form as a liauid or 

solid measured by a U.S. EPA-approved test method or a test 

method approved in the Kentucky SlPri -- -- .. . !&& 

11791 "Particulate matter emissions" means, except as used 

in 40 C.F.R. Part 60. all finely divided solid or liauid material, 

other than uncombined water, emitted to the ambient air as 

measured bv ap~licable reference methods, or an equivalent 

or alternative method Specified in 40 C.F.R. Chapter I, or by a 

test method specified in the Kentuckv SIPlis~~ne~ 

-94-601. 

1180) "Peak load" means the maximum instantaneous operatinq load. 

(181) "Permitted capacity factor" means the annual oermitted 

fuel use divided bv the manufacturer's specified maximum fuel 

consumption multiplied bv 8.760 hours per year. 

1182) "Person" is defined by KRS 224.01-OIO(17). 

1183) "Plant-wide appiicabilitv limitalion" or "PAL" means an 

emission limitation, ex~ressed in tons per vear, for a pollutant at a 

maior stationary source, that is enforceable as a practical matter 

and is established source-wide in accordance with 401 KAR 

51:017 or 51:052. 

1184) "PM,," means particulate matter with an.aerodvnamic 

diameter less than or eaual to a nominal two and five-tenths (2.5) 

micrometers as measured bv a reference method in 40 C.F.R. Part 

50, Appendix L. and desiqnated in accordance with 40 C.F.R. Part 

53, or by an eauivalent method desiqnated in accordance with 40 

C.F.R. Part 53. 

i185) "PMI~ means particulate matter with an aerodynamic 

diameter less than or eaual to a nominal ten (10) micrometers 

as measured bv a reference method in 40 C.F.R. Part 50. Appendix J. and deslanated in accordance with 40 C.F.R. Part 53. 

or bv an eauivalent method desianated in accordance with 40 

C.F.R. Part 53'-1, .. . . 

(186) "PMID emissions" means finely divided solid or liauid 

rnatenal w~th an aerodvnam~c d~ameter less than or eaual fi 

rtormnai ten (10) micrometers em~tted to the amb~ent air as measured bv an applicable reference method, or an equivalent or alternative method specified in 40 C.F.R. Chapter I, or by a test method 

specified in the Kentucky SIP. 

1187) "Pollution prevention" is defined by 40 C.F.R. 

51.166(b)(38). 

1188) "Portland cement" means a hvdraulic cement oroduced 

bv pulverizina clinker wnsistina essentiallv of hvdraulic calcium 

silicates. 

(189) "Portland cement kiln" means a svstem, includinq solid, 

gaseous or liquid fuel combust~on eaui~ment. used to calcite and 

fuse raw materials, inciudina limestone and clav, to D~O~UC~ Portland cement clinker. 

1190) 'Potential to emit" or "PTE" means: 

la1 The maximum capacity of a stationary source to emit a 

pollutant under its physical and operational design, in which: 

1. A phvsical or operational limitation on the capacity of a 

source to emit an air pollutant. includinq air ~ollution control 

equipment and restrictions on hours of operation or on the 

fy~e or amount of material combusted, stored, or processed, 

Is treated as part of its desian if the limitation is enforceable 

as a practical matter: and 

2. This definition does not alter or affect the use of the 

term for other purposes of the Clean Air Act. 42 U.S.C. 7401 - 

7671a. or the term "capacity factor" as used in the Acid Rain 

Proqram. 

/b) For the PSD and NSR proqrams, the maximum capacity 

of a stationary source to emit a pollutant under its phvsical or 

operational desian, in which: 

I. A physical or operational limitation on the capacity of 

the source to emit a ~ollutant, inciudina alr ~ollution control 

eaui~ment and restrictions on hours of operation or on the 

type or amount of material combusted, stored. or D 

is treated as part of its desian if the lin 

rocessed, 

nitation or the effect it - 

would have on emissions: 

a. Is federallv enforceable: or 

b. For an actual PAL, is federaliv enforceable or enforceable as a practical matter: and 

2. Secondary emissions are not counted.l+ 

- ef 

wee~-b~-40 r 0 5126~a- ... ...... . 

g&5aJ 

1191) "DP~ means parts per billion. 

1192) "DD~" means Darts per million. 

(193) "ppm(wlwY means parts per million (weiqht by weiqht). 

1194) "Precaiciner kiln" means a kiln in which the feed to the 

kiin svstem is preheated in cvclone chambers and utilizes a second 

burner to calcine material in a separate vessel attached to the 

preheater prior to the final fusion in a kiln that forms clinker. 

(195) "Predictive emissions monitorina svstem" or "PEMS" is 

defined by40 C.F.R. 51.166(b)(44). 

l196) "Preheater kiin" means a kiin in which the feed to the kiln 

svstem is preheated in cyclone chambers prior to the final fusion in 

a kiln that forms clinker. 

1197) "Prevention of Siqnificant Deterioration Proaram" or 

"PSD Proaram' means a maior source preconstruction program that has been approved bv the U.S. EPA and incoroorated into the Kentuckv SIP to implement the reaulrements of 

40 C.F.R. 51.166 or 52.21lib&bv40 CF.R 5WWb)(431. 

(1981 "Proicct" means a ohysical chanae in or change in 

method of owration of an existinq maior stationary sourcelis 

MI&-1 . . (1991 "Proiected actual emissions" means: 

la) The maximum annual rate, in tons per vear. at which an 

existinq emissions unit is projected to emit a regulated NSR 

pollutant In any one (I1 of the five (51 years, in a twelve (12) 

month wrlod, followina the date the unit resumes reauiar 

owration after the proiect, or in any one (1) of the ten (10) -- 

years following that date, if: 

1. The proiect involves increasing the emissions unlt's 

desian camcitv or its potential to emit the regulated NSR pollutant; and 

2. Full utilization of the unit would result in a significant 

emissions increase or a significant net emissions increase at 

the maior stationary source; or 

Jb) The maximum annual rate. in tons per year. at which an 

emissions unlt, before beainnina actual construction, is pmjected to emit a reaulated NSR pollutant, if the source: 

b. Includes fugitive emissions and emissions associated 

with startups, shutdowns, and malfunctions: and 

c. Excludes, in calculating anv increase in emissions that 

results from a proiect, that portion of the unit's emissions 

following the proiect that an existing unit could have accommodated during the consecutive twenty-four (24) month pe- 
VOLUME 37, NUMBER 3 - SEPTEMBER 1,2010 

riod used to establish the baseline actual emissions and that 

are also unrelated to the proiect includinq anv increased utilization due to product demand qrowth: or 

2. Elects to use the emissions unit's potential to emit. in 

tons per vear, instead of usinq subparagraph 1. of this paragraph to determine ~roiected actual emissionsl1. 

(2001 "osia" means pounds per square inch absolute. 

1201) "psiq" means pounds oer square inch qaae. 

(202) "RACTIBACTILAER Clearinghouse" or "RBLC" means 

the U.S. EPA's online collection of previous RACTIBACTILAER 

determinations. 

12031 "Reactivation of a very clean coal-fired EUSGU is defined bv 40 C.F.R. 51.166fbM37). 

(204) "Reasonable further ~roaress" is defined bv 42 U.S.C. 

7501(1). For purposes of this definition. "administrator" means the 

US. EPA. 

(2051 "Reconstruction" means the replacement of components 

of an exislinqaffecrea facllllv to the extent that: 

(a) The fixed captal cost of the new components exceeds f flv 

(50) percent of the fixcd caoltal cost that would be requ~red to construct a comparable entirelv new affected facilitv: and 

(0) It is tccnnolog~callv and econornlcallv feaslble to meet the 

awl cable reaJlrcments of 401 KAR Chaplers 50 to 65. 

(2061 "Rrference method" means a method-of samplinq and 

anaivzino for an air pollutant as published in 40 C.F.R. Part 50. 

Aopendices A to N: 40 C.F.R. Part 53: 40 Part 60. Appendices A 

and B; 40 C.F.R. Part 61. Appendix B: or 40 C.F.R. Part 63. Ap- 

- - .. 

(2071 "Requlated NSR oollutanl" means the followinq: 

(a) A pollutant for which a national ambient air quality 

standard has been promulqated and anv constituents or precursors for such pollutants identified by the U.S. EPA, 

(b) A pollutant subiect to anv standard ~romulqated under 

42 U.S.C. 741 1 : 

(c) A pollutant subiect to a standard promulqated under or 

established by 42 U.S.C. 7671 to 7671q: or 

Id) A pollutant that otherwise is subiect to requlation, as 

defined in subsection (231) of this section. under 42 U.S.C. 

7401 to 7671~1, except that any hazardous air pollutant (HAPI 

listed in 42 U.S.C. 7412 or added to the list pursuant to 42 

U.S.C. 7412fb)(2). that has not been delisted pursuant to 42 

U.S.C. 7412fb)f3). is not a requlated NSR pollutant unless the 

listed HAP is also reaulated as a constituent or precursor of a 

general pollutant listed under 42 U.S.C. 74081- 

1. 

(2081 "Re~lacemenl unit" means an emissions unit that 

does not generate creditable emissions reductions bv shuttinq down the existinq emissions unit that is replaced, and 

that: - 

(a)l. Is a reconstructed unit within the meanina of 40 

C.F.R. 60.15(blflI or that comoletelv takes the piace of an existinq emissions unit; 

2. Is identical toor functionallv equivalent to the replaced 

emissions unit: and 

3. Does not alter the basic desiqn parameters of the 

process unit. 

(bl Repiaces a unit that: 

I. Is permanentlv removed from the maior stationary 

source, is otherwise Permanentlv disabled, or is prohibited 

from o~eratina bv a permit that is enforceable as a practical 

matter: and 

-- 

{a) For a corporation: a ~resident, secretam, treasurer. or 

vlce-president of the comoration in charqe of a principal business function, or other person who performs similar policy or 

decision-makins functions for the corporation. or a dulyauthorized reoresentative of that person if the re~resentatlve 

is responsible for the overall operation of one (1) or more 

manufacturinq, production, or operating facilities applvinq for 

or subiect to a ~ermit: and 

1. The facilities empiov more than 250 persons or have 

gross annual sales or expenditures exceedinq $25.000.000 in 

second auarter 1980 dollars; or 

2. The delegation of authoritv to the representative Is approved in advance bv the cabinet pursuant to this subsection; 

Ib) For a partnership or sole ~roprietorshi~. a aeneral 

operation of a principal qeoqraphic unit of the aqencv: or 

id) For the acid rain portion of a permit for an affected 

source, the deslanated representativer- ... ggL 

(2111 "Run" means the net period of time, either intermittent or continuous within the limits of good enqineerinq practice, when an emission sample Is collectedfii 

(212) "S" means at standard cond~tions 

12131 "sec" means second. 

12141 "Seconda~ ern~ss~ons" means emissions that: 

(a) Occur as a result of the construction or operation of a 

maior stationaw source or maior modification, and do not 

come from the maior stationary source or maior modification 

itself: 

.(b) Are specific, well defined, quantifiable, and impact the 

same qeneral area as the stationaw source modification that 

causes the secondary emissions; 

(c) Include emissions from an offsite support facilitv that 

would not otherwise be constructed or increase its emisslons 

as a result of the construction or operationAf the maior stationaw source or maior modification: and 

Id) Do not include emissions that come directlv from a 

mobile source, includinq emissions from the tailpipe of a motor vehicle. a train, or vesselr- . . 

L 

12151 "Serious nonattainment countv" or "serious nonattainrnent area' means a countv or portion of a countv desiqnaied senous nonattainment for the national ambient air aualitv standard for 

ozone. 

12161 "Severe nonattainment count< or "severe nonattainrnent 

area" means a countv or port~on of a countv desiqnated severe 

nonattainment for the national amb~ent alr aualltv standard for 

ozone. 

1217) "Shutdown" means the cessation of an operation. 

1218) "Sianificant" means: 

{a) For 401 KAR 51:017, in reference to a net emissions 

increase or the potential of a source to emit any of the pollutants listed in the followinq table, a rate of emissions that 

I Carbon monoxide 1 100 tons per vear I 

stance 

Sulfur dioxide 1% 

Particulate matter 1 25 tav of particuI 1 late matter emis- I 

sions 1-1 

I emissions 

Ozone 40 t~v of volatile 

organic com- . I I pounds or nitroaen I 

I Fluorides I 
VOLUME 37. NUMBER 3 - SEPTEMBER 1,2010 

Sulfuric acid mist 1- I 

Hvdroaen sulfide (H&) I 

Total reduced sulfur 1 lOtDv 

includ~n H S 

Reduced sulfur wmounds includm H S - Munici al waste wm- 3.2 x 10 me abustor orpanics 

rans) 

Municipal waste wmbustor metals (measured as particulate 

grams Der vear 

[Malv) (3.5 x 10' 

m 

14 Mqlv (15 tav) 

- 

matter) 

Municl~al waste wm- I 36 Mqlv (40 tpvl 

bustor -- awd aases -- -

I 

imeasured as sulfur 1 I 

dioxide and hvdroqen I I 

chloride) I 

Municipal solid waste 1 35 Malv (50 tpvl 

landfill emissions I 

(measured as nonmethane oraanic wm- I L ounds 

For 401 KAR 51:017, In reference to a net emissions 

Increase or the potential of a source to emit a regulated NSR 

pollutant that is not listed in the table in paragraph (a1 of this 

subsection, anv emissions rate: 

(c) For 401 KAR 51:017, in reference to an emissions rate 

or a net emissions increase associated with a maior stationary 

source or maior modification. that is to be constructed within 

ten 110) kilometers of a Class I area, an impact on that area 

eaual to or greater than one (1) uglm' over a twenty-four (241 

hour average; 

Id) For 401 KAR 51:052, in reference to a net emlsslons 

increase or the potential of a source to emit anv of the pollutants listed in the followina table. a rate of emissions that 

wquld equal or exceed a corresponding rate listed in the table 

POLLUTANT I EMISSIONS RATE 

Carbon monoxide 1 100 tons per year Iw 

Ozone depleting 1 

40 t~v of volat~le oranlc com~ounds or 1 %oxides 1 

Lead 06t 

{el For 401 KAR 51:052, with the exception of the significant emissions rate for ozone in this subsection. significant 

means. in reference to an emissions increase or net emissions increase. a rate of emissions that exceeds the following: 

1. TwentvAve (25) tons per vear of volatile oraanic compounds or nitrogen oxides in a serious or severe ozone nonattainment area; or 

2. Anv increase in actual emissions of volatile omanic 

com~ounds or nitrogen oxldes In an extreme ozone nonattainment are 

{fl For 4 01 KAR 51:052. with the exception of the siqnifi- 

,Ions rate for carbon monoxide In this subsection, 

lde that equals or exceeds fiftv (50) tons oer vear in a ! 

nonattainment area for carbon monoxide in which a stationary 

source contribute sianificantlv to carbon monoxide levelsli 

(219) "S~an~ficant emlsslons lncrease" means. for a reaulated 

NSR Dollutant, an increase in emissions that is eaual to or 

greater than the emission level that is significant for that wllutantl- i 

(220) "Siqnificant emissions unit" means an emisslons unit 

that emlts or has the potentlal to emit a PAL ~ollutant in an 

amount eaual to or areater than the aa~licable sianificant level 

as defined in subsection (218) of this section or in 42 U.S.C. 

7401 to 7671~1, whichever is lower for that PAL pollutant. but 

less than the amount that would qualify the unit as a malor 

(221) "Small emissions unit" means an emissions unit that 

emits or has the potential to emit the PAL pollutant in an 

amount less than the PAL pollutant's applicable significant 

level as defied in subsection (218) of this section: or in 42 

U.S.C. 7401 to 76719. whichever is lowerl~ 

(222) "SO; means sulfur dioxide. 

(223) "Source" means one (1) or more affected facilities contained within a qiven contiquous propertv line, which means the 

prooertv is separated only by a public thorouqhfare, stream, or 

other riqht of wa~ 

(224) "so" means sauare. 

1225) "Stack or chimnev" means a flue. conduit, or duct arranqed to conduct emissions to the atmosphere. 

(226) "Standard" means an emission standard. a standard of 

performance. or an ambient air quality standard as promulqated in 

401 KAR Chapters 50 to 65 or the emission control reauirements 

necessaw to complv with 401 KAR Cha~ter 51. 

(227) "Standard conditions" means: 

(a) For source measurements, twentv (20) dearees Celsius 

{six+-eiaht (68) dearees Fahrenheit) and a pressure of 760 mm Hq , 

(29 92 In of Hq) 

(b) For air aual~tv determ~natlons. twentv-five 125) dearees 

Cels~us lseventv-seven 177) dearees Fahrenhe~t) and a reference 

p- 

(228) "Start-up" or "staftup" means the settlna in operation of 

an affected facllltv 

J229) "State ~mplementat~on plan" or "SIP" means the most 

recently preoared plan or revlslon reauired bv 42 US C. 7410 that 

has been a~IIr0ved bv the U S EPA 

1230) "Statlonaw source" means a buildina. structure. facilitv. or installation that emits or has the ~otential to emit a regulated NSR pollutantl'i . . 

1231) "Sub~ect to regulation" is defined bv 40 C.F.R. 

51.166(b)(48) I-1. 

(232) 'Subm~t" means to send or transmit a document. information. or corres~ondence in accordance with an a~~li~able requirement. 

1233) "TAPPI" means Technical Association of the Pulp and 

Paper lndustw 

1234) "~emporaw clean coal technoloav demonstration ~roiecr 

is defined - bv 40 CF.R 51166(b1(35). 

(235) 'Ton" or "tonnaqe", for a NOx budaet source, means a 

short ton or 2,000 Dounds. For determinlna com~liance with 

the NOx budget emissions limitation, total tons for a control 

period is calculated as the sum of all recorded hourly emissions, or the tonnage equivalent of the recorded hourlv emissions rates. in accordance with 40 C.F.R. Part 96. SubDart H 

with any remainlna fraction of a ton eaual to or greater than 

0.50 ton deemed to equal one (1) ton and any frxa on of a ton 

less than 0.50 ton deemed to equal zero tonsr- 

(236) "Total susoended ~artlculates" or 7SP" means ~articulate matter as measured bv the method described in 40 C.F.R. 

Part 50. Appendix El-1 

g37) "t~v" means tons per war 

(238) '75s" means total suspended sdlds. 

(239) "Uncombmed water" means water that can be seoarated 
VOLUME 37, NUMBER 3 - SEPTEMBER I, 2010 

from a corn~ound bv ordinarv Dhvsical means and that is not 

bound to a comoound bv internal molecular forces. 

(240) 'Unit" means a fossil fuel-fired stationary boiler, 

combustion turbine. or combined cvcle svstemIkk&e&&W 

1241) "Urban countv" means a countv that is a part of an urbanized area with a oo~ulation qreater than 200,000 based uwn the 

1980 census. If a wrtion of a counh, is a Dart of an urbanized area, 

then the entire countv is classified as urban for 401 KAR Chapter; 

50 to 65. 

1242) "Urbanized area" means an area defined by the US. 

Department of Commerce. Bureau of Census. 

(243) "U.S. EPA" means the United States Environmental Pmtechon Aaencv. 

/244) "UTM" means Un~versal Transverse Mercator. 

(245) "Vlslh~l~tv lmpa~nnent" is defined bv 40 C.F.R. 51.301. 

(246) "Volat~le oraanlc compound" or 'VOC" IS defined bv 40 

C.F.R. 51.100(s). 

P471 "vd" means yard 

fL 

W: 
- PEZC - 

OCOZ 'I, t138W31d3S - E L138WnN 'LC 3WnlOA 
VOLUME 37, NUMBER 3 - SEPTEMBER 1,2010 

- 1235 - 

&5h 

andavatlabflftv reaulr-ts of- 
VOLUME 37, NUMBER 3 -SEPTEMBER 1,2010 
VOLUME 37, NUMBER 3 - SEPTEMBER 1,2010 

- 1237 - 

VOLUME 37, NUMBER 3 - SEPTEMBER 1,2010 
VOLUME 37, NUMBER 3 - SEPTEMBER 1,2010 
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VOLUME 37, NUMBER 3 -SEPTEMBER 1,2010 
VOLUME 37, NUMBER 3 - SEPTEMBER 1,2010 

Section 2. Incorporation by Reference. (1) The followlna material is incorporated bv reference: 

la) "North American Industry Classification System". 2007, 

as published bv the Office of Manaqement and Budaet: and 

"Standard Industrial Classification Manual". 1987, as published by the Office of Management and Budget is incorporated by 

reference. 

(2) This material may be inspected, copied or obtained, subject 

to applicable copyright law, at the following main and regional offices of the Kentucky Division for Air Quality during the normal 

working hours of 8 am. to 4:30 p.m., local time: 

(a) Kentucky Division for Air Quality. 200 Fair Oaks Lane, 1st 

floor, Frankfort, Kentucky 40601-1403, (502) 564-3999; 

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

Ashland, Kentucky 41 102, (606) 929-5285; 

(c) Bowling Green Regional Off&, 1508 Westen Avenue, 

Bowling Green, Kentucky 42104, (270) 746-7475; 

(d) Florence Regional Office, 8020 Veterans Memorial Drive, 

Suite 110, Florence, Kentucky 41042, (859) 5254923; 

(e) Frankfort Regional Office, 200 Fair Oaks Lane; Third 

- Floor[- , ], Frankfort, Kentucky 40601, (502) 564-3358; 

(f) Hazard Regional Office, 233 Birch Street, Suite 2, Hazard, 

Kentucky 41701, (606) 435-6022; 

(g) London Regional Office. 875 S. Main Street, London. Kentucky 40741, (606) 330-2080; 

(h) Owensboro Regional Office, 3032 Alvey Park Drive, W.. 

Suite 700, Owensboro, Kentucky 42303, (270) 687-7304; and 

(i) Paducah Regional Oftice, 130 Eagle Nest Drive. Paducah, 

Kentucky 42003, (270) 898-8468: 

(3) The Standard Industrial Classification Manual is also avaiiable under Order No. PB 87-100012 from the National Technical 

Information Service, 5285 Port Royal Road, Springfield, Virginia 

22161, phone (703) 487-4650. 

LEONARD K. PETERS, Secretary 

APPROVED BY AGENCY: October 14,2010 

FILED WITH LRC: October 15.2010 at 11 a.m. 

CONTACT PERSON: Laura Lund, Environmental Technologist 

II, Division for Air Qual~ty, 1st Floor. 200 Fair Oaks Lane. Frankfort, 

Kentucky 40601, telephone (502) 564-3999, ext 4428, fax (502) 

564-4666, email Laura-Lund@ky.gov. 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT 

Contact person: Laura Lund 

(1) Provide a brief summary of: 

(a) What this administrative regulation does: This administrative regulation defines the terms used in 401 KAR Chapter 51. 

(b) The necessity of this administrative regulation: This administrative regulation provides clear and consistent definitions for 

terms used in 401 KAR Chapter 51. 

(c) How this administrative regulation conforms to the content 

of the authorizing statutes: The statutory authority for this regulation is given in KRS 224.10-100(5), which provides the cabinet the 

authority, power, and duty to prevent and control air pollution. The 

definitions contained in this administrative regulation are not more 

stringent or otherwise diierent than the corresponding federal 

definitions. 

(d) How this administrative regulation currently assists or will 

assist in the effective administration of the statutes: This administrative regulation assists the public and the regulated community 

by providing clear and consistent definitions for terms used in 401 

KAR Chapter 51. 

(2) If this is an amendment to an existing administrative regulation, provide a brief summary of: 

(a) How the amendment will change this existing administrative 

regulation: This amendment revises definitions to reflect amendments made to the New Source Review (NSR) program at the 

federal level. The Prevention of Significant Deterioration and Tffle 

V Greenhouse Gas Tailoring Rule (Tailoring Rule), published as a 

final rule on June 3, 2010, amends and creates definitions that 

significantly impact the Prevention of Significant Deterioration 

(PSD) and Tile V permitting pmgrams. The amendments are to 

the definitions for "Regulated NSR pollutant", which includes 

greenhouse gases (GHGs) as a regulated NSR pollutant under the 

Clean Air Act, and the inclusion of a definition for "subject to regulation", which includes the greenhouse gas emission thresholds to 

trigger PSD permitting. This regulation is also being amended to 

conform to KRS Chapter 13A. 

(b) The necessity of the amendment to this administrative 

regulation: The definition amendments are necessary at the state 

level to ensure consistency between state and federal programs. 

The Tailoring Rule establishes January 2, 201 1, as the trigger date 

for GHGs to become regulated. The U.S. EPA found Kentucky's 

State lmplemenlation Plan (SIP) deficient on September 2, 2010 

(75 FR 53892) because it was determined that Kentucky does not 

have authority to issue PSD permits for GHGs. If Kentucky's GHG 

SIP revision is not in place by March 31, 2011, the Commonwealth 

will beme subject to the Federal Implementation Plan, which was 

also issued on September 2, 2010 (75 FR 53883). Serious consequences of a FIP include loss of PSD and Title V program approvals and loss of federal highway funds. EPA dearly states their 

intent in the preamble to SIP call: 'For any state that lacks the 

ability to issue PSD or Title V perhits for GHG emissions sources 

consistent with the final rule, we [EPA] intend to. undertake a separate action to call for revisions to these programs. We [EPA] also 

intend to move quickly to impose a FIP for PSD through 40 C.F.R. 

52.21, and use our federal Title V authority to ensure that GHG 

sources will be permitted consistent with the final rule." This 

amendment also clarifies that small businesses will not be regulated solely because of their greenhouse gas emissions by tailoring 

the threshold limits. 

(c) How the amendment conforms to the content of the authorizing statutes: This amendment maintains consistency with corresponding federal definitions affecting Kentucky's PSD and Title V 

permitting programs. 

(d) How the amendment will assist in the effective adminlstration of statutes: This amendment will provide clear and consistent 

definitions of terms used in 401 KAR Chapter 51 to prevent and 

control air pollution. 

(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: The amendments to this administrative regulation 

affects any facility with the capacity to emit greenhouse gases at or 

above the thresholds specified in the GHG Tailoring Rule. This 

includes PSD and Tie V souroes of greenhouse gas emissions 

but does not affect smaller emitters of greenhouse gases. U.S. 

EPA has estimated that without the Tailoring Rule there would be 

82,000 permitting actions nationwide per year necessary to address greenhouse gas emissions, but with the implementation of 

the rule that number is reduced to 2,600 nationwide.The Division 

for Air Quality has estimated this regulation amendment to affect 

30 - 40 permitting actions per year in Kentucky. If these amendments are not made. Kentucky's pelinitling authority for these 

sources will become void. 
VOLUME 37, NUMBER 3 -SEPTEMBER 1,2010 

(4) Provide an assessment of how the entities identified in 

question (3) will be impacted by either the implementation of this 

administrative regulation, if new, or by the change if it is an 

amendment: Amendments to the current regulation will indude the 

regulation of greenhouse gas emissions. For those sources emitting at or above the major source threshold for greenhouse gas 

emissions, new permits will have to be issued. 

(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: Sources permitted under the Title V 

program will have to submit a permit application identifying and 

reporting the emissions, but there will be no new requirements or 

standards imposed on the source. Sources permitted under the 

PSD program will have to submit a permit application including 

Best Available Control Technology (BACT) review for greenhouse 

gas emissions. 

(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): There are no emission fees associated with the regulation 

of greenhouse gas emissions. The emission fee requirements of 

401 KAR 50:038 do not apply to greenhouse gas emissions or 

carbon dioxide equivalent at this point. For those sources that must 

provide a BACT analysis, there is the additional cost to meet the 

requirements of the BACT determination. As BACT has not yet 

been established, it is unknown what these costs may be, since 

BACT determinations are project specific. Additionally, sources 

required to obtain a new permit will have the expense of completing a permit application. U.S. EPA has estimated that a Title V 

permit application for greenhouse gas sources would cost each 

source, on average, between $23,200 and $46,400. 

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

entities identified in question (3): These major sources will remain 

in compliance with state and federal regulations. The cabinet will 

remain the permitting authority for air quality permits, with permit 

applications being submitted directly to the cabinet rather than to 

the U.S. EPA. 

(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation: 

(a) Initially: The inclusion of greenhouse gases in stationary 

source permits will require the Division for Air Quality to expand 

staff to review the increased permit load and inspect changes 

made to sources as a result of this regulation. 

(b) On a continuing basis: The cabinet must maintain the additional staff in order to handle the increase in permit issuance. US. 

EPA has estimated that a Title V permit application for greenhouse 

gas sources wouid cost a permitting authority, on average, between $9,844 and $19,688 to process each source permit. 

(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: Any 

additional expense incurred by theDlvision for Air Quality to regulate greenhouse gas emissions would be paid for through current 

agency funds. The cabinet is not requesting additional general 

funds for the implementation and enforcement of the regulation. 

With this promulgation, there will be no emissions fees for GHG 

emissions. In Phase I of the federal mandate, there are no additional emission fees associated with GHG emissions. However, 

sources that are brought under PSD or Title V permitting during 

Phases II and Ill of the federal mandate solely because of GHG 

emissions will be subject to Title V emission fees for particulate 

matter, S02, NOx, and VOC emissions. 

(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. The cabinet is 

not requesting additional general funds for the implementation of 

this administrative regulation. However, Title V emission fees may 

be impacted by the implementation of this administrative regulation, as stated above in response (6). 

(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increased any fees. This 

administrative regulation does not establish fees, but as stated 

above in response (7), Title V emission fees may be impacted. 

(9) TIERING: Is tiering applied? Yes. The Tailoring Rule 

amends the threshold of greenhouse gas emission -levels subject 

to regulation. This tiering revision was necessary to prevent small 

businesses and mdwtduals from becoming subject to permittmg 

requirements solely due to greenhouse gas emissions. 

FEDERAL MANDATE ANALYSIS COMPARISON 

1. Federal statute or regulation constituting the federal - ' 

mandate. As a SIP-approved state for the PSD pmgram under 40 

C.F.R. 51.166, recent changes in the federal PSD or NSR and Title 

V pmgrams make it necessary to revise the regulation in order to 

maintain federal approvability. Failure to do so will result in a Federal Implementation Plan. 

2. State compliance standards. The state compliance standards are found in KRS 224.10-lOO(5). 

3. Minimum or uniform standards contained in the federal 

mandate. Changes in the federal definitions for this program ne 

cessitate amendments in the state definitions. 

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

than those required by the federal mandate? No 

5. Justification for the imposition of the stricter standard, or 

additional or different responsibilities or requirements. The definitions contained in this administrative regulation are not more stringent or otherwise different than the corresponding federal definitions. 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT 

1. Does this administrative regulation relate to any pmgram, 

service, or requirements of a state or local government (including 

cities, counties, fire departments, or school districts)? Yes 

2. What units, parts or divisions of state or local government 

(including cities, counties, fire departments, or school districts) will 

be impacted by this administrative regulation? This administrative 

regulation impacts the Division for Air Quality as the applicability of 

other administrative regulations is altered. Any state or local government that emits greenhouse gases in the thresholds subject to 

the PSD or Title V permitting programs would be required to obtain 

a permit from the Division for Air Quality. 

3. Identify each state or federal statute or federal regulation 

that requires or authorizes the action taken by the administrative 

regulation. KRS 224.10-100(5), (26); 42 U.S.C. 7401, 7410, 7471, 

7607; and 40 C.F.R. 51.166. 

4. Estimate the effect of this administrative regulation on the 

expenditures and revenues of a state or local government agency 

(including cities, counties, fire departments, or school districts) for 

the first full year the administrative regulation is to be in effect. 

(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, 

fire departments, or school districts) for the first year? This administrative regulation does not generate revenue, but Title V fees may 

be impacted by the implementation of this regulation. 

(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties. 

fire departments, or school districts) for subsequent years? This 

administrative regulation does not generate revenue, but Title V 

fees may be impacted by the implementation of this regulation. 

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

year? The U.S. EPA has estimated that it will cost the permitting 

authority between $9,844 and $19,688 per permit issued, and the 

Divislon for Air Quality has estimated 30 - 40 permit actions per 

year. Therefore, it is estimated that an increase of .between 

$300.000 and $800,000 will be necessary to operate this program. 

(d) How much will it cost to administer this program for subsequent years? The U.S. EPA has estimated that it will cost the permitting authority between $9,844 and $19,688 per permit issued, 

and the Division for Air Quality has estimated 30 - 40 permit ar; 

tions per year. Therefore, it is estimated that an increase of between $300,000 and $800,000 will be necessary to operate this 

program. 
ENERGY AND ENVIRONMENT CABINET 

Department for Environmental Protection 

Division for Alr Quality 

(Amended After Comments) 

401 KAR 52:001. Definitions for 401 KAR Chapter 52. 

RELATES TO: KRS 224.01-010, 224.10-100, 224.20-100, 

224.20-110, 224.20-120, 40 C.F.R. Parts 50-53. 60-63. 70-78. 42 

U.S.C. 7401-7671q 

STATUTORY AUTHORITY: KRS 224 10-100(5) 

NECESSITY. FUNCTION, AND CONFORMITY: KRS 224.10- 

100(5) requires the cabinet[- 

CaMet] to promulgate administrative regulations for the prevention, abatement, and control of air pollution. .. . -1 This administrative 

regulation defines the terms used in 401 KAR Chapter 52. The 

definitions contained in this admin,istrative regulation are neither 

more stringent nor othelwise different than the corresponding federal definitions. 

Section 1. Definitions. The definitions with citations to the 

Code of Federal Requlations shall be qoverned bv 40 C.F.R. 

Parts 50 through96. effective July 1,2010. 

(1) "Acid Rain Program" means the national program for reducing SO2 and NOx emissions established under 42 U.S.C. 7651 to 

76510 (Title IV of the Act) and codified at 40 C.F.R. Parts 72 to 78. 

(2) "Act" means the Clean Air Act established under 42 U.S.C. 

7401 to 7671q. 

(3) "Actual emissions" means the quantity of an air pollutant 

that is uhvsicallv emitted into the ambient air during a specified time period. Iis define&&43 r.c F! 5!.~b)(2~.][mea~ 

(4) "~ffectedfacilky" means an appahtus, building, operation, 

road, or other entity or series of entities that emits or may emit an 

air contaminant into the outdoor atmosphere. 

(5) "Affected source" means a source that includes one (1) or 

more affected units. 

(6) "Affected &&pAk&!~ means a[-] that: 

(a) Bordersl€hk] Kentucky and whose air quality may be 

affected by the proposed permit, permit revision, or permit renewal; 

or 

(b) &[&Me] situated within fifty (50) miles of the source requesting the proposed permit action. 

(7) "Affected unit" means a unit subject to the Acid Rain Program. 

(8) "Air contaminant" is defined h[h] KRS 224.01-OlO(1). 

(9) "Air pollutant" means air contaminant. 

'(10) "Air pollution" is defined &[&I KRS 224.01-OlO(3). 

(11) "Air pollution control equipment" means a mechanism. 

device, or contrivance used to control or prevent air pollution, that 

is not, aside from air pollution contrd laws and administrative regulations, vital to production of the normal product of the source or to 

its normal operation. 

(12) "Alternative method" is defined bv 40 C.F.R. 60.2. For 

vumoses of this definition. "administrator" means both the US. 

EPA and the cabinet.[- 

-1 

(13) "Ambient air" means that portion of the atmosphere, 

external to buildinas, to which the qeneral public has access. 

-1 

(14) "Ambient air quality standard" means a numerical expression of a specified concentration level for a particular air contaminant and the time averaging inteml over which that concentration 

level is measured and is a goal to be achieved in a stated time 

through the application of appropriate preventive or control measures. 

(15)-"Applicable requiremen? means a state-origin or federally 

VOLUME 37, NUMBER 3 - SEPTEMBER 1,2010 

- 1245 - 

enforceable requirement or standard that applies to a source. 

(16) "Batch mix plant" means a source or affected facility that 

produces hot mix asphalt. by heating and drying the aggregate in a 

dryer before separating and mixing it with asphalt cement in separate batches. 

(17) "Cabinet" is defined by KRS 224.01-010(9).['i 

-1 

(18) "Capital expenditure" is defined NFI] 40 C.F.R. 602. 

(19) "Commence" means that an owner or operator has undertaken a continuous program of construction, modification, or reconstruction of an affected facility, or that an owner or operator has 

entered into a contractual obligation to undertake and complete, 

within a reasonable time, a continuous program of construction. 

modification, or reconstruction of an affected facility. 

(20) "Construction" means fabrication, erection, installation, or 

modification of an air contaminant source. 

(21) 'Continuous monitoring system" means the total equipment, required under the applicable administrative regulations 

401 KAR Chavters 50 to 65, used to sample, to condition (if applicable), to analyze, and to provide a permanent record of emissions 

or process parameters. 

(22) "Control device" means equipment such as an incinerator 

or carbon adsorber used to reduce, by destruction or removal, the 

amount of air pollutants in an air stream prior to discharge to the 

ambient air. 

(23) "Control system" means a combination of one (1) or more 

capture systems and control devices working in concert to reduce 

discharges of pollutants to the ambient air. 

(24) "Designated representative" means a person authorized 

by the owner or operatoa-] of an affected 

source and of all affected units at the source, as evidenced by a 

certificate of representation submitted to the US. EPA in accordance with 40 C.F.R. 72.20(b), to represent and legally bind each 

owner and operator, as a matter of federal law, in all matters pertaining to the Acid Rain Program. In matters relating to the acid 

rain portion of a Title V permit, the term "responsible offfcial"~ 

defined in this section, means the designated representative. 

(25) "Draft permit" means the version of a federally enforceable 

permit, which the cabinet offers for public review and any applicable affected state review. 

(26) "DN~ mix plant" means a source or affected facility that 

produces hot mix asphalt by heating, drying, and mixing the aggregate with asphalt cement In one (I) operation. 

(27) "Emergency" means a situation arising from a sudden and 

reasonably unforeseeable event beyond the control of the source 

- that:[M] 

(a) Requires immediate corrective action to restore normal 

operation; 

(b) Causes the source to exceed a techndogy-based emission 

limitation in the permit due to unavoidable increases in emissions 

attributable to the emergency; and 

(c) -%a&] not include noncompliance caused by improperly designed equipment, lack of preventive maintenance, careless or improper operation, or operator error. 

(28) "Emission standard" means the numerical expression of 

quantity per unit of time or other parameter that limits the amount 

of a reaulated air wllutant that a source or emission unit is allowed 

to emit to the ambient air. 

129) "Emission unit" means an affected facilitv, or a part or 

activity of a source, that emits or has the potential to emit a requlated air pollutant and does not alter the definition of the term "unit" 

as used in the Acid Rain Proaram. 

l30) 'Emissions fee" means the annual fee assessed to a 

source as orescribed in 401 KAR 50:038, made effecti~ve April 12. 

1995.1"- 

. . -1 - 
VOLUME 37, NUMBER 3 -SEPTEMBER 1,2010 

(31) "Enforceable as a practical matter" means that the emission or other standards contained in a permit or compliance schedule include: 

(a) Technically accurate emission standards and the portions 

of the source that are subject to the standards: 

(b) A time period adequate to demonstrate compliance with the 

standards; and 

(c) The method the source will use to achieve and demonstrate 

compliance with the standards, including appropliate monitoring, 

recordkeeping, and reporting. 

(32) "Equivalent method" means a method of samplinq and' 

analvzinq for an air pollutant that has been demonstrated to 

the cabinet and the U.S. EPA pursuant to 40 C.F.R. 53.3 to 

have a consistent and quantitativelv known relationship to the 

reference method, under specified conditlons. I- 

, . -1 

(33) "Exempt campound" or "exempt solvent" means an organic compound listed in the definition of volatile organic compound as 

not ~articipatina in atmos~heric Dhotochemical reactions. 

(34) "~ederallv enforceable ;equirementm means an item specified in this subsection as it applies to an emission unit at a source 

subiect to 40 C.F.R. Part 70, includinq a reauirement promulqated 

or a~proved bv the US. EPA in coniunction with the permit issuance but which has future-effective compliance dates. 

(a) A standard or reauirement in the SIP that implements the 

relevant reauirements of the Act, includinq a revision to that plan 

promulqated at 40 C.F.R. Part 52: 

{b) A term or condition of a preconstruction permit issued pursuant to an a~~licable administrative requlation in 401 KAR 

Chapters 50 to 65 1-1 approved or promulaated pursuant to 42 U.S.C. 7401 to 7515; 

(c) A standard or other reauirement aromulaated pursuant to 

42 U.S.C. 741 1 or 7429 aovemina solid waste incinerators; 

(dl A standard or other requirement uromulaated uursuant to 

42 U.S.C. 7412; 

{e) A standard or reauirement of the Acid Rain Proaram; 

{fl A reauirement established pursuant to 42 U.S.C. 7414(a)(3) 

or 7661dbl for monitorina and compliance certification; 

0 A national ambient air aualitv standard or increment or 

visibllitv reauirement pursuant to 42 U.S.C. 7470 to 7492 for a 

temporaw source DerInitted pursuant to 42 U.S.C. 7661del; 

/h) A standard or other requirement for consumer and commercial products adopted pursuant to 42 U.S.C. 751 1bfek 

A standard or other reauirement for a tank vessel adopted 

pursuant to 42 U.S.C. 751 1b(f); and 

0) A standard or other reauirement to protect Stratospheric 

ozone adopted pursuant to 42 U.S.C. 7671 to 76719, unless the 

US. EPA determines that those reauirements need not be contained in the permit$- 

,- 

: 

,.. 

. . -1 

(35) "Final permit" means: 

(a) For a federally enforceable permit, the version issued by 

the cabinet that has completed all the applicable review procedures of 401 KAR 52:100 and for which a final determination has 

been made&:] 

(b) For a state-origin permit, the version that meets the applicable provisions of 401 KAR 52:040, and for which a final determination has been made. 

(36) "Fixed capital cost" means the capital needed to provide 

all the depreciable components. 

(37) "Fuel" means natural gas; petroleum: coal: wood:[* 

,] or a form of solid, liquid, or gaseous fuel 

materials for the purpose of creating useful 

heat. 

(38) 'Fugitive emissions" means lhose emissions that could 

not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. 

(39) "Hazardous air pollutant" or "HAP" means a pollutant 

listed pursuant to 42 U.S.C. 7412(b). 

(40) "Hot mix asphalt plant" means a stationary source or portable affected facility that manufactures hot mix asphalt by heating 

and drying aggregate and mixing it with asphalt cements. 

(41) "Hydrocarbon" means an organic compound consisting 

predominantly of carbon and hydrogen. 

(42) "Incineration" means the process of igniting.aod burning 

solid, semisolid, liquid, or gaseous combustible wastes. 

(43) "Intermittent emissions" means emissions of particulate 

matter into the open air from a process that operates for less than 

any six (6) consecutive minutes. 

(44) "KyEIS" means the Kentucky Emissions Inventory System. 

(45) "Major source" means a stationarv source or a qrouv of 

stationaw sources that emits or has a potential to emit a pollutant that ls subiect to regulation at or above a maior source 

threshold and: 

la) For HAPS: 

1. Is located within a contiauous area; 

2. Is under common control; 

3. Includes all fuaitive HAP emissions in determininq if the 

source is maior; and 

4. Even if the units are in a contiquous area under common control. emissions are not aqqrenated with emissions 

from other similar units to determine maior source status for: 

a. Oil or qas exploration or production wells and the associated equipment: or 

b. Pi~ellne compressors or pump stations: and 

lb) For requlated air pollutants other than HAPS: 

1. Is located on one (I) ormore contiquous or adiacent 

prouerties; 

2. Is under common control; 

3. Belongs to a sinqle major industrial qrouvina where all 

of the pollutant emittinq activities below to the same maior 

qrouu li.e.. all have the same two (2) diqit code) as described 

in the 1987 Standard Industrial Classification (SIC) Manual; 

- and 

4. Fuaitive emissions are considered in determininq if the 

source k malor if it belonas to a cateqorv listed in this clause: 

a. cod cleaT% plants (with thermal dwersl; 

b. Kraft pulp mills; 

c. Portland cement plants; 

d. Primaw zinc smelters: 

e. Iron and steel mills; 

f. Primarv aluminum ore reduction plants; 

g. Primaw copper smelters; 

h. Municipal incinerators capable of charqinq more than 
VOLUME 37, NUMBER 3 -SEPTEMBER 1,2010 

250 tons of refuse wr dav; 

i. Hvdrofluoric, sulfuric, or nitric acid plants; 

j. Petroleum refineries; 

k. Lime plants: 

I. Phosphatemck Drocessinq plants: 

m. Coke oven batteries; 

n. Sulfur rewvew plants; 

o. Carbon black plants (furnace process); 

p. Primaw lead smelters; 

u. Fossil-fuel boilers lor a combination thereof) totalinq 

more than 250 million BTU per hour heat - 

input; 

v. Petroleum storage and transfer units with a total storase capacitv of more than 300.000 barrels; 

w. Taconite ore processinu plants; 

x. Glass fiber processinq plants; 

Y. Charcoal DrOdUctlOn plants; 

z. Fossil-fuel-fired steam electric plants of more than 250 

million BTU per hour of heat input: or 

aa. All other stationary sourcecateqories subiect to a 

standard promulqated Pursuant to 42 U.S.C. 7411 or 42 U.S.C. 

7412 and for whlch the U.S. EPA has made an affirmative determination pursuant to 42 U.S.C. 7602ri). 1- 

". 

7- 

~m-- - 

Uskrcatw 

-1 

(46) "Major source threshold" means PTE 

(a) For HAPs. 

1. Ten (1 0) tons per year or more of a stngle HAP; 

2 Twenty-five (25) tons per year or more of wmbmed HAPs, 

or 

3 A lesser quant~ty that the US EPA establishes in a final 

rulemaklng; [ef] 

(b) 100 tons per year or more for regulated alr pollutants other 

than HAPs, except that 

1 For ozone nonattalnment areas 

a 100 tons per year or more of volat~le organlc compounds or 

nltrogen oxldes ~n areas class~fied as margmal or moderate. 

b F~fly (50) tons per year or more In areas classified as senous; 

c Twenty-five (25) tons per year or more In areas classlfied as 

severe, or 

d. Ten (10) tons per year or more In areas classlfied as extreme, 

2 Fifly (50) tons per year or more of carbon monoxlde for carbon monoxlde nonattalnment areas that are classlfied as senous 

and In which statlonary sources contribute srgn~ficantly to carbon 

monox~de levels, or 

3 Seventy (70) tons per year or more of particulate matter 

(PMlo) for PMlo nonattalnment areas class~fied as serlousz 

{c) A auantitv established by the US. EPA in a final rulemaking for a uollutant that is subiect to requlation 

(47) "Malfunct~on" means a sudden and infrequent failure of 

air pollution control equi~ment, process eaulDment. or a 

process to operate in a normal or usual manner that is not 

caused entirely or in part by poor maintenance, careless operation, or other upset condition or eauipment breakdown that 

could have been reasonably pre~ented. 1- 

c&&l[f 

""",",'nmr,rr,nl,nmnntmi 

il 

(48) "Marginal nonattalnment county" or "margmal nonattamment area" means a county or portlon of a county deslgnated marglnal nonattalnment for the [e~&%pew] nat~onal amb~ent air quai- 

~ty standard for ozone [-] 

(49) "Mtnor source" means a statlonary source that emlts and 

has the potentla1 to emlt less than the major source thresholds 

(50) "Moderate nonattalnment county" or "moderate nonattainment area" means a wunty or portlon of a county designated 

moderate nonattainment for the [w] nat~onai ambient alr 

quality standard for ozone[-] 

(51)w "Mod~fication" means anv phvsical chanae in, or a 

chanqe in the method of operation of, an affected facilitv that: 

Ial Increases the amount of anv requlated air pollutant 

emitted into the atmosphere by that facility. or that results in 

the emission of anv regulated air pollutant into the atmosphere not previouslv emitted: and 

[b) Is not solely: 

I. Maintenance. repair, and replacement that the cabinet 

determines to be routine for a source cateqorv considerinq 

available information; 

2. An increase in production rate of an affected facility, if 

that increase can be accomplished without a capital expenditure on that facilitv; 

3. An increase in the hours of o~eration; 

4. Use of an alternative fuel or raw material if. prior to the 

date a standard becomes applicable to that source tvoe. the 
VOLUME 37, NUMBER 3 -SEPTEMBER 1,2010 

affected facilitv was desiqned to accommodate that alternative 

use. A facility shall be considered to be designed to accommodate an alternative fuel or raw material if that use could be 

accomplished under the facilitv's construction specifications 

as amended prior to the chanqe; 

7. The relocation or change in ownership of a source. 

- 

-1 

(52) "Modification under Title I of the Act" means a change at a 

facility that constitutes[-] a modification under 42 

U.S.C. 7470 to 7492 or42 U.S.C. 7501 to 7515. 

(53) "Opacity" means the dearee to which emissions reduce the transmission of liqht and obscure the view of an 

obiect in the background. [-1[- 

thedegfee lo W~K~~R~ESXKIG ~awmkbion of lightarxl . . -1 

(54) "Owner or operator" means a person who owns, leases, 

operates, controls, or su~ervises an affected facllitv or a 

source of which an affected facility is a part. LW 

sA%RAQ21[[ 

.. . 

(55) "Person" is defined bv KRS 224.01-010(17).[~ 

-1 9-9 

(56) "Potential to emit" or "PTE" means the maximum capacity 

of a stationary source to emit a pollutant under its physical and 

operational design in whichlwkm]: 

(a) A physical or operational limitation on the capacity of a 

source to emit an air pollutant, including air pollution control 

equipment and restrictions on hours of operation or on the type or 

amount of material combusted, stored, or processed M&a&be] 

treated as part of its design if the limitation is enforceable as a 

practical matteq and 

(b) P . . ] Use of this term 

for other purposes of the Act or for the term "capacity factor" as 

used in the Acid Rain Pmgram is not altered. 

(57) "Proposed permit" means the version of a permit that the 

cabinet proposes to issue and submit to the US. EPA for a fortyfive (45) day review period. 

(58) "ReCOnst~~tion" means the replacement of components 

of an existlng affected facii~ty to the extent that: 

(a) The fixed capital cost of the new components exceeds fifty 

(50) aercent of the fixed cadtal cost that would be required to con- 

&kt a comparable entirel; new affected facility; and ' 

(b) It is technologically and economically feasible to meet the 

applicable requirements in 401 KAR Chapters 50 to mq (59) "Reference method" means a method of sampling and 

analyzing for an air pollutant as published in 40 C.F.R. Part 50, 

Appendices A to N; 40 C.F.R. Part 53; 40 C.F.R. Part 60. Appendices A and 8; 40 C.F.R. Part 61, Appendix 8; or 40 C.F.R. Part 

63, Appendices A to D. 

(60) "Regulated air pollutant" means: 

(a) Nitrogen oxides; 

(b) Volatile organic compounds; 

(c) A pollutant for which a national ambient air quality standard 

has been promulgated pursuant to 42 U.S.C. 7409 (Section 109 of 

the Act); 

(d) A Class I or Class II substance subject to a standard promulgated or established pursuant to 42 U.S.C. 7671 to 7671q (Title 

VI of the Act): 

(e) A pollutant subject to a standard promulgated pursuant to 

42 U.S.C. 7411; &r 

(f) A hazardous air pollutant (HAP) subject to a standard or 

other requirement established pursuant to 42 U.S.C. 7412. 

(61) "Renewal" means the process by which a permit is ~issued at the end of its permit term. 

(621 "Res~onsible official" means: 

ja) 'for a'corporation: a president. secretary. treasurer, or 

vice-presldent of the corporation in charqe of a principal busi- 

- 

ness function, or other person who performs similar policv or 

decision-makinq functions for the corporation, or a dulv authorized representative of that person if the representative is 

responsible for the overall operation of one (11 or more manufacturinq, production, or operatina facilities amlvina for or 

subiect to a permit: and 

1. The facilities emplov more than 250 persons or have 

qross annual sales or expenditures exceedinq $25,000,000 (in 

partner or the proprietor. respectively; 

fc) For a municlpalitv, state, federal. or other public aqencv. a ~rincipal executive officer or ranking elected official. For 

this 

0 

administrative requlation, the principal executive officer 

re~~~nsibilit~ forhe overall operation of a ~rincipal aeoqraphic unit of the aaencv lea. a reaional administrator of the 

U.S. EPA): or 

Id) For the acid rain portion of a permit for an affected 

source, the desiqnated representative. I- ... 
VOLUME 37, NUMBER 3 -SEPTEMBER 1,2010 

-1 

(63) "Section 502(b)(IO) changes" means changes that contravene an express permit term and does not include changes that 

would violate applicable requirements or contravene federally enforceable permit terms and conditions that are monitoring (induding test methods), recordkeeping, reporting, or compliance certification requirements. 

(64) "Shutdown" means the cessation of an operation. 

(65) "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. 

(66) "Standard" means an emission standard, a standard of 

performance, or an ambient air quality standard promulgated in 

401 KAR Chapters 50 to 65[- . .. . . . -1 or the emission control requirements necessary to comply with 401 KAR Chapter 51. 

(67) "Start-up" or "startu~" means the setting in operation of an 

affected facility. 

(68) "State implementation plan" or "SIP" means the most 

recently prepared plan or revision required by 42 U.S.C. 7410, 

wwkiskl has been approved by the U.S. EPA. 

(69) "State-origin permit" means a permit that is issued pursuant to 401 KAR 52:040 and is not federally enforceable. 

(70) "State-origin requirement" means an applicable requirement contained in 401 KAR Chapters 50 to 65, which is not mandated by the Act and is not federally enforceable. 

(71) "Stationary source" means a building, structure, affected 

facility, or installation that emits or may emit a regulated air pollutant or an air pollutant subiect to requlation brsuant to 40 

C.F.R. 70.2. 

(72) "Subiect to regulation" is defined bv 40 C.F.R. 70.2 for the 

Title V proqram. 

"Title- permlt" means a permlt Issued under Kentuckv's 

Title V proqram 

mm 

01 "Title V program" means a state operating permit program 

approved by the US. EPA pursuant to 42 USC 7661 to 7661f 

(Title V of the Act). 

(7511W1 "~dtal sus~ended ~articulates' or "TSP" means Darticulatemaiter as measured by the method described I" 40 

C.F.R. Part 50. A~pendix B. IW1neday4- 

@&wans+arttwlate --by-the -me&& 

. 01 "tpy" means ton per year. 

"US. EPA" means the US. Environmental Protection 

Agency. 

a[tzy] "Volatile organic compound or "VOC" is defined 

MiR] 40 C.F.R. 51.100(s). 

m[W] "Waste oil" means a petroleum based or synthetic oil 

such as an engine lubricant, engine oil, motor oil, or lubricating oil 

for use in an internal combustion engine, or a lubricant for motor 

transmissions, gears, or axles u[wkisk] through use, storage, or 

handling has become unsuitable for its original purpose due to the 

presence of impurities or loss of original properties. 

HENRY C. A. LIST, Deputy Secretary 

For LEONARD K. PETERS, Secretary 

APPROVED BY AGENCY: October 14,2010 

FILED WITH LRC: October 15,2010 at 11 a.m. 

CONTACT PERSON: Laura Lund, Environmental Technologist 

II. Division for Air Quality. 1st Floor, 200 Fair Oaks Lane, Frankfort, 

Kentucky 40601, phone (502) 564-3999, ext. 4428, fax (502) 564- 

4666, email Laura-Lund@ky.gov. 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT 

(1) Provide a brief summary of: 

(a) What this administrative regulation does: This administrative regulation defines the terms used in 401 KA~Chapter 52. 

(b) The necessity of this administrative regulation: This administrative regulation provides clear and consistent definitions for 

terms used in 401 KAR Chapter 52. 

(c) How this administrative regulation conforms to the content 

of the authorizing statutes: The statutory authority for this regulation is given in KRS 224.10-100(5), which provides the cabinet the 

authority, power, and duty to prevent and control air pollution. The 

definitions contained in this administrative regulation are not more 

stringent or otherwise different than the corresponding federal 

definitions. 

(d) How this administrative regulation currently assists or will 

assist in the effective administration of the statutes: 

This administrative regulation assists the public and the regulated 

community by providing dear and consistent definitions for terms 

used in 401 KAR Chapter 52. 

(2) If this is an amendment to an existing administrative regulation, provide a brief summary of: 

(a) How the amendment will change thls existing administrative 

regulation: This amendment revises definitions to reflect amendments made to the New Source Review (NSR) program at the 

federal level. The Prevention of Significant Deterioration and Title 

V Greenhouse Gas Tailoring Rule (Tailoring Rule), published as a 

final rule on June 3, 2010, amends and creates definitions that 

significantly impact the Prevention of Significant Deterioration 

(PSD) and Title V permitting programs. The amendments are to 

the definitions for "Regulated NSR pollutant", which includes 

greenhouse gases (GHGs) as a regulated NSR pollutant under the 

Clean Air Act; "Major source", which includes air pollutants subject 

to regulation: and the inclusion of a definition for "subject to regulation", which includes the greenhouse gas emission thresholds to 

trigger Title V permitting. The definition of 'regulated air pollutant" 

was not amended to include GHGs. Therefore, GHGs will not be 

subject to emissions fees under 401 KAR 50:038; will not be evaluated as insignificant or trivial activities under the Title V permitting 

program; and will not be subject to state-origin permitting or registration for GHG emission alone. This regulation is also being 

amended to conform to KRS Chapter 13A. 

(b) The necessity of the amendment to this administrative 

regulation: The definition amendments are necessary at the state 

level to ensure consistency between state and federal programs. 

The Tailoring Rule establishes January 2.201 1, as the trigger date 

for GHGs to become regulated. The US. EPA found Kentucky's 

State Implementation Plan (SIP) deficient on September 2, 2010 

(75 FR 53892) because it was determined the Kentucky does not 

have authority to issue PSD permits for GHGs. If Kentucky's GHG 

SIP revision is not in place by March 31, 2011, the Commonwealth 

will become subject to the Federal Implementation Plan, which was 

also issued on September 2. 2010 (75 FR 53883). Serious consequences of a FIP include loss of PSD and Title V program approvals and loss of federal highway funds. EPA clearly states their 

intent in the preamble to SIP call: "For any state that lacks the 

ability to issue PSD or Title V permits for GHG emissions sources 

consistent with the final rule, we [EPA] intend to undertake a separate action to call for revisions to these programs. We [EPA] also 

intend to move quickly to impose a FIP for PSD through 40 C.F.R. 

52.21, and use our federal Title V authority to ensure that GHG 

sources will be permitted consistent with the final rule." This 

amendment also clarifies that small businesses will not be regulated solely because of their greenhouse gas emissions by tailoring 

the threshold limits. 

(c) How the amendment conforms to the content of the authorizing statutes: This amendment maintains consistency with corresponding federal definitions affecting Kentucky's PSD and Tie V 

permitting programs. 

(d) How the amendment will assist in the effective administration of stawes: This amendment will provide clear and consistent 

definitions of terms used in 401 KAR Chapter 52 to prevent and 

wntml air pollution. 

(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: The amendments to this administrative regulation 

affects any facility with the capacity to emit greenhouse gases at or 

above the thresholds specified in the GHG Tailoring Rule. This 
VOLUME 37, NUMBER 3 -SEPTEMBER 1,2010 

includes PSD and Title V sources of greenhouse gas emissions 

but does not affect smaller emitters of greenhouse gases. EPA has 

estimated that without the Tailoring Rule there would be 82,000 

permitting actions nationwide per year necessary to address 

greenhouse gas emissions, but with the implementation of the rule 

that number is reduced to 1,600 nationwide. The Division for Air 

Quality has estimated this regulation amendment to affect 30 - 40 

permitting actions per year in Kentucky. If these amendments are 

not made, Kentucky's permitting authority for these sources will 

become void. 

(4) Pmvide an assessment of how the entities identified in 

question (3) will be impacted by either the implementation of this 

administrative regulation, if new, or by the change if it is an 

amendment: Amendments to the current regulation will include the 

regulation of greenhouse gas emissions. For those sources emitting at or above the major source threshold for greenhouse gas 

emissions, new permits will have to be issued. 

(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: Sources permitted under the Title V 

program will have to submit a permit application identifying and 

reporting the emissions but there will be no new requirements or 

standards imposed on the source. Sources permitted under the 

PSD program will have to submit a permit application including 

Best Available Control Technology (BACT) review for greenhouse 

gas emissions. 

(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): There are no emission fees associated with the regulation 

of greenhouse gas emissions. The emission fee requirements of 

401 KAR 50:038 do not apply to greenhouse gas emissions or 

carbon dioxide equivalent at this point. For those sources that must 

provide a BACT analysis, there is the additional cost to meet the 

requirements of the BACT determination. As BACT has not yet 

been established, it is unknown what these costs may be. Additionally, sources required to obtain a new permit will have the expense of completing a permit application. EPA has estimated that a 

Tie V permit application for greenhouse gas sources would cost 

each source, on average, between $23,200 and $46,400. 

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

entities identified in question (3): These major sources will remain 

in compliance with state and federal regulations. 

(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation: 

(a) Initially: The inclusion of greenhouse gases in stationary 

swrce permits will require the Division for Air Quality to expand 

staff to review the increased permit load and inspect changes 

made to sources as a result of this regulation. 

(b) On a continuing basis: The cabinet must maintain the additional staff in order to handle the increase in permit issuance. EPA 

has estimated that a Tie V permit application for greenhouse gas 

sources would cost a permitting authority, on average, between 

$9,844 and $19.688 to process each source permit. 

(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: Any 

additional expense incurred by the Division for Air Quality to regulate greenhouse gas emissions would be paid for thmugh current 

agency funds. The cabinet is not requesting additional general 

funds for the implementation and enforcement of the regulation. 

With this promulgation, there will be no emissions fees for GHG 

emissions. In Phase I of the federal mandate, there are no additional emission fees associated with GHG emissions. However, 

sources that are bmught under PSD or Title V permitting during 

Phases II and Ill of the federal mandate solely because of GHG 

emissions will be subject to Title V emission fees for particulate 

matter, SO2, NOx, and VOC emissions. 

(7) Prwide 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. The cabinet is 

not requesting additional general funds for the implementation of 

this administrative regulation. However, Title V emission fees may 

be impacted by the implementation of this administrati~e regulation, as stated above in paragraph 6. 

(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees. This 

administrative regulation does not establish fees, but as stated 

above in paragraphs - (6) and (7). Title V emission fees may be 

impacted. 

(9) TIERING: is tiering applied? Yes. The Tailoring Rule ( amends the threshold of greenhouse gas emission levels subject 

to regulation. This tiering revision was necessary to prevent small 

businesses and individuals from beaming subject to permitting 

requirements solely due to greenhouse gas emissions. 

FEDERAL MANDATE ANALYSIS COMPARISON 

1. Federal statute or regulation constituting the federal 

mandate. As a SIP-approved state for the PSD program under 40 

C.F.R. 51.166, recent changes in the federal PSDlNSR and Title V 

programs make it necessary to revise the regulation in order to 

maintain federal approvability. Failure to do so will result in a Federal Implementation Plan. 

2. State compliance standards. The state compliance standards are found in KRS 224.10-lOO(5). 

3. Minimum or uniform standards contained in the federal 

mandate. Changes in the federal definitions for this program necessitate amendments in the state definitions. 

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

than those required by the federal mandate? No. 

5. Justification for the imposition of the stricter standard, or 

additional or different responsibilities or requirements. The definitions contained in this administrative regulation are not more stringent or otherwise different than the corresponding federal definitions. 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT 

1. Does this administrative regulation relate to any program, 

sewice, or requirements of a state or local government (including 

cities, counties, fire departments, or school districts)? Yes 

2. What units, parts or divisions of state or local government :' 

(including cities, counties, fire departments, or school districts) will 

be impacted by this administrative regulation? This administrative 

regulation impacts the Division for Air Quality as the appllcabllity of 

other administrative regulations is altered. Any state or local government that emits greenhouse gases in the thresholds subject to 

the PSD or Title V permitting programs would be required to obtain 

a permit from the Division for Air Quality. 

3. Identify each state or federal statute or federal regulation 

that requires or authorizes the action taken by the administrative 

regulation. KRS 224.10-lOO(5). (26); 42 U.S.C. 7401. 7410. 7471, 

7607; 40 C.F.R. 51.166. 

4. Estimate the effect of this administrative regulation on the 

expenditures and revenues of a state or local government agency 

(including cities, counties, fire departments, or school districts) for 

the first full year the administrative regulation is to be in effect. 

(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties. 

fire departments, or school districts) for the first year? This administrative regulation does not generate revenue, but Title V fees may 

be impacted by the implementation of this regulation. 

(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, 

fire departments, or school districts) for subsequenf years? This 

administrative regulation does not generate revenue, but Title V 

fees may be impacted by the implementation of this regulation. 

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

year? The US. EPA has estimated that it will cost the permitting 

authority between $9.844 and $19,688 per permit issued, and the 

Division for Air Quality has estimated 30 - 40 permit actions per 

year. Therefore, it is estimated that an increase of between 

$300,000 and $800,000 will be necessary to operate this program. 

(d) How much will it cost to administer this program for subsequent years? The US. €PA has estimated that it will cost the per- ; 

mitting authority between $9,844 and $19,688 per permit issued, \, 

and the Division for Air Quality has estimated 30 - 40 permit actions per year. Therefore, it is estimated that an increase of be- 
VOLUME 37, NUMBER 3 - SEPTEMBER 1,2010 

tween $300,000 and $800,000 will be necessary to operate this 

program. 

Revenue (+I-): 

Expenditures (+I-): 

Other Explanation: 

CABINET FOR HEALTH AND FAMILY SERVICES 

Department for Public Health 

Division of Adult and Child Health Improvement 

(Amended After Comments) 

Definitions. 

902 KAR 30:001. [p 1 

RELATES TO: 20 U.S.C. 1431-1444 1471-1485 

STATUTORY AUTHORITY: KRS 194A.050.200.650-676 

NECESSITY, FUNCTION, AND CONFORMITY: p%e-&&& . .. -1 KRS 200.650 to 200.676 

auires the Cabmet for Health and Familv Services to administer all 

funds appropriated to implement provisions, to enter into contracts 

with service providers. and to oromulaate administrative reoulations necess&v to imd~ement KkS 206.650 to 200.676. hisa administrative regulation sets forth definitions of terms used bv the 

cabinet in administrative regulation pertaining to First Steps,;r(entucky's Early Intervention Program. 

Section 1. Definitions. (1) "Assessment" means the onqoinq 

procedures used bv aporouriate auaiified personnel throuqhout the 

period of a child's eliqibilitv in First Steps to identifv the child's 

unique strenaths and needs, and the services appropriate to meet 

those needs: and the resources, priorities. and concerns of the 

familv and the supports and services necessary to enhance the 

familv's cauacitv to meet the develo~mental needs of their infant or 

toddler with a disabilitvJp . . -1 

(2) "Assistive technology device" means any item, piece of 

equipment, or product system. whether acquired commerciallv off 

the shelf, modified, or customized, that is needed to increase. 

 maintain,^ improve the functional capabilities of a child with a 

disability and which is necessary to implement the individualized 

family service plan; 

(3) "Assistive Technoloav Service" means a service that directIv assists the child with a disabilitv in the selection, acauisition, or 

use of an assistive technoloov device. 

@)"Child find hliwawl as defined bvlinl KRS 200.654131.1i . ,-.. 

-1 

(5) "Direct supervision" means the continuous, on-site observation and guidance as activities are implemented with children and 

families&] 

(6) "Disciplines" means those professionals recognized by First 

Steps to practice in eady intervention services,&] 

(7) "District Early lntervention Committee" or "DEIC" $[twa+s 

as] defined me] KRS 200.654(6)J+] 

(8) rr 

(991 "Eatiy intervention services" ~~] defined Mi] 

KRS 200.65417). . .- a+ 

w] "Early intervention team" means two (2) or more disciplines providing services to a child and family which employ any one 

(I) of the team models that include a multidisciplinary team, 

LIO) "Established risk" means a diaanosed Dh~i~al or mental 

condition that has a hiah Drobabilitv of resultina in a developmental 

Mi] 

(11) "Evaluation" means the use of [- 

+defwwA] procedures to determine-el~g~bility for First Steps services&] 

(12) "Family centered means Practices that are driven bv the 

families uriorities and concerns: subuort the familv's role as[% . . -1 the constant in a child's life; cornolement a familv's natural activitv settings and daily routines, and [W 

-1 support, respect, enmurage, and 

enhance the strenaths,ls&agkwd] competence, and confidence 

of the family&] 

(13) rr . . 

"First Steps" means Kentucky's early intervention system 

and is defined byl-] KRS 200.654, 

14) "Homeless child is defined bv Pub.L. 107-110 Section 

725(2) and (6) of the McKinnev-Vento Homeless Assistance Act.[:] 

(15) "Interdisciplinary team" means professionals of one (1) or 

more diSci~lineS working together with an intearated aU~r0aCh 

to[-] both planning and delivering services to the 

eligible child in accordance with the IFSP. [v . . 

. .. -1 

(16) "Image Consistency Kit" means the guidelines developed 

by the Interagency Coordinating Council Public Awareness committee for the purpose of ensuring that any use of the First Steps 

logo and other public awareness materials shall be consistent and 

in conformity with exact specifications set forth by the commit@e;[+] 

(17) "Indirect supervision" means the regular, periodic, on-site 

observation and guidance as activities are implemented with children and families,[$] 

(18) "Individualized family &sewkes] plan" or "IFSP 

- is[-] defined Min] KRS 200.654(9)&] 

(19) "Kentucky High Risk Hearing Registry" is[weaa+as] defined &[in] KRS 213.046m[+] 

(20) "Mentorship" is[mea~s] a limited period of one (1) year of 

indirect supervisionJ~1 

(21) "Multidisciplinary team" isJfrws%+s] defined &[hi] KRS 

200.654(11 )&I 

(22) "Natural environments" means settings, such as the home 

and the community, in which the child's age peers who have no 

disabilitv -- normallv oarticioate.14 , -< 

(23jv~arent"'r;1eans: 

(a) A natural. adoutive, or foster parent of a child (unless a 

foster parent is prohlblted by state law from servina as a uarentl; 

ib) A auard~an (but not the state if the child is a ward of the wstatel: 

(( 

parent includinq a aranduarent. steuoarent, or other relative with 

whom the child lives, or an individual who is leclallv resaonsible for 

the child's welfare; or 

Id) Exced as used in sections 615(bK2) and 639(a)(5) of 

Pub.L. 108-446. an individual assianed under either of those sections to be a surroaate parent. 

(24) "Period of eligibility" means the time from referral to First 

~te~so termination ofservices due to: 

(a) Failure to meet initial program eligibility requirements; 

(b) Attainment of age three (3); 

(c) Documented refusal of service by parent or legal guardian 

inclusive of disaopearance: 

(d) Change bi residence to another[+ state, 

Wl 

195\1 

01 "Point of entry" or "POE" u-1 defined mffl] KRS 

200.654(12) and is also called the local lead aaency; m@5)] 'Prematuriv meanslshakwxs] a gestational age. 

at birth, of less than thirty-seven (37) weeks, rn6 

01 "Primary referral source" means those in the wmmunity 

who have the greatest oppoorlunity, by virtue of their work+ their 

relationship to children [&kageJ or their special kn~wledge[~] to

refer a child to First Steps, 

J28) "Primaw service orovidef means one (1) arofessional 

who is a member of the IFSP team selected as the team lead who 

provides reqular support to the familv. 

@& 
Lund, Laura (EEC) 

From: Lund, Laura (EEC) 

Sent: Tuesday, November 09,2010 9:17 AM 

To: Compiler, Regs (LRC) 

Cc: Gowins, Lora (EEC); Ellis, Millie (EEC) 

Subject: November ARK typo 

Hi Emily, 

Our Commissioner was concerned with a typo that occurred in this month's ARK. The 

title page says "Volume 37, number 5 Monday, November I, 201OW, but in the heading of all 

the other pages it says "Volume 37, number 3 - September I, 2010". He wanted to make 

sure that this was just a typo and would not affect any of the regulations going before their 

subcommittee meeting - can you please confirm this? Thank you. Also, we will be following 

up with another e-mail concerning small typos found in the actual DAQ regulations. 

Thanks again, 

Laura 

Laura Lund, Environmental Technologist II 

Kentucky Division for Air Quality 

Program Planning & Administration Branch 

Regulation Development Section 

Phone: (502) 564-3999, ext. 4428 

E-mail: Laura.LundAkv.gov 
Lund, Laura (EEC) 

From: Lund, Laura (EEC) 

Sent: Tuesday, November 09,2010 2:31 PM 

To: Compiler, Regs (LRC) 

Cc: Eubank, James (EEC); Gowins, Lora (EEC); Smith, Andrea (EEC) 

Subject: November ARK DAQ corrections 

Attachments: November ARK Corrections.doc 

Hi Emily, 

A few errors were found in this month's ARK in one of the Division for Air Quality's 

regulations. 1 have attached a list of corrections we would like made. 

Thank you, 

Laura Lund 

Laura Lund, Environmental Technologist I1 

Kentucky Division for Air Quality 

Program Planning & Administration Branch 

Regulation Development Section 

Phone: (502) 564-3999, ext. 4428 

E-mail: Laura.Lunddky.nov 
November 2010 ARK Corrections to be Made 

401 KAR 51:OOl. Definitions for 401 KAR Chapter 51. 

Section 1(12)(b) 

After "For an", insert "actuals". 

Delete "actual". 

Section 1 (20)(b) 

After "November 157, insert "1990''. 

Delete "2990". 

Section l(66) 

After "cabinet and the U.S.", insert ''W. 

Delete "E)PA". 

Section l(77) 

After "means, for", insert "_a". 

Section l(87) 

After "fuel feed rate", insert "W. 

Delete "is not". 

Section 1(114)(b)3. 

After "at a steam", delete the hyphen. 

Section 1(114)(b)9. 

After "utility steam", delete the hyphen. 

Section 1(130)(b) 

After "amount of available", insert b6mu''. 

Delete "PM10". 

Section l(136) 

After "(136)", delete "(a)". 

Section 1(190)(a)2. 

After "the use of ', insert "W. 

Delete "the". 

Section l(21 O)(a) 

After "or a duly", delete the hyphen. 

Section l(2 1 8)(b) 

After "any emissions rate", insert a semicolon. 
Delete the colon. 

Section 1 (227)(a) 

After "of Hg)", insert "&' 

Delete the period. 

Section 1(227)(b) 

After "of Hg)", insert a period. 

Delete "; or". 
ADMINISTRATIVE REGULATION REVIEW SUBCOMMITTEE 

AGENDA, November 9,2010, at 1:00 p.m., Room 149, Capitol Annex 

PERSONNEL CABINET 

Ofice of the Secretary 

Personnel Cabinet, Classified 

101 KAR 2:210 & E. 201 1 Plan Year Handbook for the Public Employee Health Insurance Program. ("EN 

expires 3/14/20 11) 

FINANCE AND ADMINISTRATION CABINET 

Office of the Secretary 

Purchasing 

200 KAR 5:410. Preferences for purchases of commodities or service. 

GENERAL GOVERNMENT CABINET 

Licensing Board for Specialists in Hearing htruments 

Board 

201 KAR 7:075. Continuing education requirements. 

Board of Speech-Language Pathology and Audiology 

Board 

20 1 KAR l7:O3O. License fees and renewal requirements. 

Board of Nursing 

Board 

201 KAR 20:056. Advanced practice registered nurse licensure, program requirements, recognition of a national certifying organization. (Amended After Comments) 

201 KAR 20:06 1. Doctor of Nursing Practice (DNP) degree. (Not Amended After Comments) 

201 KAR 20:062. Standards for advanced practice registered nurse (ARPN) programs of nursing. (Amended 

After Comments) 

Board of Physical Therapy 

Board 

201 KAR 22:070. Requirements for foreign-educated physical therapists. (Not Amended After Comments) 

Board of Licensure for Occupational Therapy 

Board 

201 KAR28:OlO. Definitions and abbreviations. 

201 KAR 28: 130. Supervision of occupational therapy assistants, occupational therapy students, and temporary permit holders. 

Board of Licensed Professiodal Counselors 

Board 

201 KAR 36:060. Qualifying experience under supervision. (Deferred from October) 

TOURISM, ARTS AND HERITAGE CABINET 

Department of Fish and Wildlife Resources 

Game 

301 KAR 2:225 & E. Dove, wood duck, teal, and other migratory game bird hunting. ("EN expires 

2/14/2011) 

ENERGY AND ENVIRONMENT CABINET 

Department for Environmental Protection 

Division of Water 

Public Water Supply 

401 KAR 8: 100. Design, construction, and approval of facilities. (Amended After Comments) (Deferred 

from October) 

Division for Air Quality 
Attainment and Maintenance of the National Ambient Air Quality Standards 

40 1 KAR 5 1 :001. Definitions for 40 1 KAR Chapter 5 1. (Amended After Comments) 

Permits, Registrations, and Prohibitory Rules 

401 KAR 52:001. Definitions for 401 KAR Chapter 52. (Amended After Comments) 

JUSTICE AND PUBLIC SAFETY CABINET 

Department of Corrections 

Offke of the Secretary 

501 KAR 6:020. Corrections policies and procedures. 

501 KAR 6:090. Frankfort Career Development Center. 

Department of Kentucky State Police 

Sex Offender Registration System 

502 KAR 3 1:020. Sex offender registration system. 

TRANSPORTATION CABINET 

Department of Vehicle Regulation 

Division of Motor Vehicle Licensing 

Motor Vehicle Tax 

601 KAR 9:205. Titling of all-terrain vehicles. 

EDUCATION AND WORKFORCE DEVELOPMENT CABINET 

Kentucky Board of Education 

Department of Education 

School Administration and Finance 

702 KAR 3:246, School council allocation formula: KETS District Administrative System Chart of Accounts. (Deferred from June) 

Pupil Transportation 

702 KAR 5:110. Vocational pupils, reimbursement for. (Deferred from August) 

Department of Workforce Investment 

Office of Vocational Rehabilitation 

Administration 

78 1 KAR 1 :040. Rehabilitation technology services. (Amended After Comments) (Deferred from October) 

Office of Employment and Training 

Unemployment Insurance 

787 KAR 1:320. Priority of deductions from benefits. 

LABOR CABINET 

Department of Workplace Standards 

Division of Occupational Safety and Health Compliance 

Division of Occupational Safety and Health Education and Training 

OccupationaI Safety and Health 

803 KAR 2:3 18. Electrical. 

803 KAR 2:400. Adoption of 29 C.F.R. 1926.1, 1926.4, and 1926.6. 

803 KAR 2:402. General safety and health provisions. 

803 KAR 2:411. Scaffolds. 

803 KAR 2:412. Fall protection. 

803 KAR 2:4 13. Subpart N-helicopters, hoists, elevators, and conveyors. 

803 KAR 2:414. Motor vehicles, mechanical equipment, and marine operations. 

803 KAR 2:417. Steel erection. 

803 KAR 2:418. Underground construction, caissons, cofferdams, and compressed air. 

803 KAR 2:419. Adoption of 29 C.F.R. Part 1926.850-860. 

803 KAR 2:421. Adoption of 29 C.F.R. Part 1926.950-960. 

803 KAR 2:423. Adoption of 29 C.F.R. Part 1926.1050-1060. 
803 KAR 2:430. Appendix A to 29 C.F.R. Part 1926. 

803 KAR 2:505. Cranes and demcks in construction. 

803 KAR 2:550. Cranes and derricks used in demolition and underground construction. 

ENERGY AND ENVIRONMENT CABINET 

Department of Natural Resources 

Office of Mine Safety and Licensing 

Mining Safety Standards 

805 KAR 3: 100. Equipment use and operations. 

PUBLIC PROTECTION CABINET 

Department of Insurance 

Health and Life Division 

Life Insurance and Annuity Contracts 

806 KAR 15:090. Notice of rights as an owner of a life insurance policy. (Not Amended After Comments) 

Division of Kentucky Access 

Liability Self-insurance Groups 

806 KAR 46:011. Repeal of 806 KAR 46:OlO. 

806 KAR 46040. Forms for application and financial statements. 

CABIhTT FOR HEALTH AND FAMILY SERVICES 

Office of Health Policy 

Data Reporting and Public Use Data Sets 

900 KAR 7:030. Data reporting by health care providers. 

Department for Public Health 

Division of Epidemiology and Health Planning 

Communicable Diseases 

902 KAR 2:060. Immunization schedules for attending day care centers, certified family child care homes, 

other licensed facilities which care for children, preschool programs, and public and private primary and secondary schools. 

Department for Medicaid Services 

Medicaid Services 

907 KAR 1:012 & E. Inpatient hospital service coverage. ("EN expires 1/27/2011) (Not Amended After 

Comments) 

907 KAR 1:015 & E. Payments for outpatient services. ("E" expires 1/27/2011) (Not Amended After Comments) 

907 KAR 1:019 & E. Outpatient pharmacy program. ("E" expires 1/27/201 1) (Amended After Comments) 

907 KAR 1:479 & E. Durable medical equipment covered benefits and reimbursement. ("EN expires 

1/27/201 1) (Not Amended After Comments) 

907 KAR 1:677 & E. Medicaid recipient lock-in program. ("E" expires 1/27/201 1) (Amended After Comments) 

907 KAR 1:825 & E. Diagnosis-related group (DRG) inpatient hospital reimbursement. ("E" expires 

1/27/2011) (Not Amended Mer Comments) 

Payment and Services 

907 KAR 3:090 & E. Acquired brain injury waiver services. ("En expires 1/27/2011) (Amended After Comments) 

907 KAR 3:100 & E. Reimbursement for acquired brain injury waiver services. ("En expires 12/28/2010) 

(Deferred fiom September) 
REMOVED FROM NOVEMBER 2010 AGENDA 

FINANCE AND ADMINISTRATION CABINET 

Department of Revenue 

Offlice of Sales and Excise Taxes 

Forms 

103 KAR 3:050. Miscellaneous taxes forms manual. (Not Amended After Comments) (Deferred from NOvember) 

GENERAL GOVERNMENT CABINET 

Board of Dentistry 

Board 

201 KAR 8:007E. Repeal of 201 KAR 8:006, 8:015, 8:070,8:130, 8:135, 8:140, 8:150, 8:160, 8:170, kl80, 

8:185, 8:190, 8:220,8:225,8:230, 8:240, 8:250,8:260, 8:265,8:270, 8:277,8:280,8:290,8:310, 8:320,8:330, 

8:340, 8:345, 8:350,8:355,8:400, 8:420, 8:430, 8:440, 8:450, 8:460, 8:70, and 8:490. ("E" expires 1/11/2011) 

(Deferred from September) 

201 KAR 8:390E. General anesthesia, deep sedation, and conscious sedation by dentists. ("EM expires 

111 11201 1) (Deferred from September) 

201 KAR 8:500 & E. Board organization. ("EM expires 111 11201 1) (Deferred from September) 

201 KAR 8:s 10 & E. Advisory opinions. ("En expires 111 11201 1) (Deferred from September) 

201 KAR 8:520 & E. Fees and fines. ("E" expires 2/10/2011) (Not Amended After Comments) (Deferred 

from November) 

201 KAR 8:530 & E. Licensure of dentists. ("E" expires 2/10/2011) (Not Amended After Comments) (Deferred from November) 

201 KAR 8:540 & E. Dental practices. ("E" expires 111 11201 1) (Deferred from September) 

201 KAR 8:560 & E. Licensure of dental hygienists. ("En expires 2/10/2011) (Not Amended After Comments) (Deferred from November) 

Board of Licensed Professional Counselors 

Board 

201 KAR 36:070. Education requirements. (Deferred from October) 

Board of Licensure for Private Investigators 

Board 

201 KAR 4 1: 100. Verification of 240-hour employees. (Deferred from November) 

DEPARTMENT OF AGRICULTURE 

Office of State Veterinarian 

Division of Animal Health 

Livestock Sanitation 

302 KAR 20:065. Sale and exhibition of Kentucky origin animals in Kentucky. (Deferred from November) 

302 KAR 20:066. Chronic wasting disease surveillance in farmed cervids. (Deferred from November) 

TRANSPORTATION CABINET 

Department of Vehicle Regulation 

Division of Motor Carriers 

Division 

601 KAR 1:018 & E. Special overweight or overdimensional permits. ("E expires 2/8/2011) (Deferred from 

October) 

EDUCATION AND WORKFORCE DEVELOPMENT CABINET 

Kentucky Board of Education 

Department of Education 

Office of Instruction 

704 KAR 3:305. Minimum requirements for high school graduation. (Deferred from August) 
PUBLIC PROTECTION CABINET 

Kentucky Horse Racing Commission 

Thoroughbred Racing 

810 KAR 1:001. Definitions. (Not Amended After Comments)(Deferred from November) 

810 KAR 1:009 & E. Jockeys and apprentices. ("E expires 1/14/2011) (Not Amended After Comments) 

(Deferred from October) 

8 10 KAR 1 :011. Pari-mutuel wagering. (Not Amended After Comments) (Deferred from November) 

810 KAR 1:026 & E. Racing associations. ("EM expires 1/14/2011) (Not Amended After Comments) @eferred from October) 

810 KAR 1:120. Exotic wagering. (Not Amended After Comments) (Deferred from November) 

810 KAR 1: 130. Postrace sampling and testing procedures. (Deferred from November) 

Harness Racing 

81 1 KAR 1 :005. Definitions. (Not Amended After Comments) (Deferred from November) 

8 1 1 KAR 1 : 125. Pari-mutuel wagering. (Not Amended After Comments) (Deferred from November) 

81 1 KAR 1:220. Harness racing at county fairs. (Deferred from November) 

81 1 KAR 1:250. Exotic wagering. (Not Amended After Comments) (Deferred from November) 

8 1 1 KAR 1:260. Postrace sampling and testing procedures. (Deferred from November) 

Quarter Horse, Appaloosa and Arabian Racing 

8 1 1 KAR 2:010. Definitions. (Not Amended After Comments) (Deferred from November) 

8 1 1 KAR 2:060. Pari-mutuel wagering. (Not Amended After Comments) (Deferred from November) 

8 11 KAR 2: 160. Exotic wagering. (Not Amended After Comments) (Deferred from November) 

8 11 KAR 2: 170. Postrace sampling and testing procedures. (Deferred from November) 

Division of Plumbing 

Plumbing 

8 15 KAR 20: 100. Joints and connections. (Deferred from August) 

CABINET FOR HEALTH AND FAMILY SERVICES 

Department for Public Health 

Division of Adult and Child Health Improvement 

Kentucky Early Intervention System 

902 KAR 30:001 & E. Definitions. ("E" expires 2/10/2011) (Amended After Cornments)(Deferred from November) 

902 KAR 30: 110 & E. Point of entry and service coordination. ("E" expires 2/10/2011) (Amended After 

Comments) (Deferred from November) 

902 KAR 30: 120 & E. Evaluation and eligibility. ("E expires 2/10/2011) (Amended After Comments) (Deferred from November) 

902 KAR 30: 130 & E. Assessment, service planning, and assistive technology. ("EM expires 2/10/2011) 

(Amended After Comments) (Deferred from November) 

902 KAR 30: 141. Repeal of 902 KAR 30: 140 and 30: 170. (Deferred from September) (Deferred from NOvember) 

902 KAR 30: 150 & E. Personnel qualification. ("E expires 2/10/2011) (Amended After Comments) (Deferred from November) 

902 KAR 30:160 & E. Covered services. ("EM expires 2/10/2011) (Amended After Comments) (Deferred 

from November) 

902 KAR 30: 180 & E. Procedural safeguards. ("EM expires 2/10/2011) (Amended After Comments) (Deferred from November) 

902 KAR 30:200 & E. Coverage and payment for services. ("EN expires 2./10/2011) (Amended After Comments) (Deferred from November) 
PROPOSED REGULATIONS 
Steven L. Beshear 

Governor 

ENERGY AND ENVIRONMENT CABINET 

Capital Plaza Tower 

500 Mero Street, 12" Floor 

Frankfort, Kentucky 40601 

Phone: (502) 564-7192 

Fax: (502) 564-7484 

July 15,2010 , 

Ms. Emily Caudill 

Regulations Compiler 

Legislative Research Commission 

Capitol Annex Room 029 

Frankfort, Kentucky 40601 

Dear Ms. Caudiil: 

Leonard K. Peters 

Secretary 

Pursuant to KRS Chapter 13A, the Energy and Environment Cabinet hereby files the 

enclosed administrative regulations for publication in the August 1, 2010, Administrative 

Register of Kentucky. This submittal includes the original and five copies of the following 

regulations: 

401 KAR 5 1:001. Definitions for 401 KAR Chapter 51. 

401 KAR 52:001. Definitions for 401 KAR Chapter 52. 

A public hearing will be held on August 24, 2010, at 2:00 p.m. (Local Time), in 

Conference Room 201B of the Division for Air Quality, 200 Fair Oaks Lane, Frankfort, 

Kentucky. Please contact Laura Lund at (502) 564-3999, ext. 4428, or Laura-Lund@ky.gov, if 

you have any questions regarding this submittal or the public hearing. 

Sincerely, 

a& eonard K. Peters, 

Secretary 

LKPAI 

Enclosures 

An Equal Opportunity Employer MIFID 
ENERGY AND ENVIRONMENT CABINET 

Department for Environmental Protection 

Division for Air Quality 

(Amendment) 

401 KAR 51 :001. Definitions for 401 KAR Chapter 51. 

RELATES TO: KRS 48.010(15)(a), 224.01-010, 224.20-100, 224.20-110, 224.20- 

120, 40 C.F.R. Chapter 1, 50 Appendices A-R, 51.100[@j], 51.121, 51.165, 51.166, 51 

Appendix S, 52.920, 53, 60,60 Appendices A, B, 61,61 Appendix 6, 63 Appendices AD, 70.2, 75,82, 96,42 U.S.C. 7401-767161 [, EC! 24€%53$] 

STATUTORY AUTHORITY: KRS 224.10-1 OO(5) [-I 

NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100m requires the 

cabinet to promulgate administrative regulations for the prevention, abatement, and 

control of air pollution. [v ?2, 

-1 This administrative regulation defines the terms used in 401 

KAR Chapter 51. The definitions contained in this administrative regulation are neither 

more stringent nor otherwise different than the corresponding federal definitions. 

Section 1. Definitions. (1) "Acid rain emissions limitation" means a limitation on 

emissions of SO2 or NOx imposed bv the Acid Rain Proaram under 42 U.S.C. 7651 to 

7651 0. 

(2) "Actual emissions" is defined bv 40 C.F.R. 51.166(bM21). 
(3) "Actuals PAL" or "PAL" is defined by 40 C.F.R. 51.166(w)12)(i). 

(4) "Adverse impact on visibilitv" is defined bv 40 C.F.R. 51.301. 

(5) "Affected facility" means an apparatus, buildins, operation, road, or other entitv 

or series of entities that emits or may emit an air contaminant into the outdoor 

atmosphere. 

16) "Air contaminant" is defined bv KRS 224.01-010(11. 

17) "Air pollutant" means air contaminant. 

(8) "Air pollution" is defined bv KRS 224.01-01013). 

(9) "Air pollution control equipment" means a mechanism, device, or contrivance 

used to control or prevent air ~ollution, that is not, aside from air pollution control laws 

and administrative requlations, vital to production of the normal product of the source or 

to its normal operation. 

(10) "Allocate" or "allocation" is defined by 40 C.F.R. 96.2. 

(1 1) "Allocation period" means each three (3) vear period beninnina Mav 1, 2004. 

(12) "Allowable emissions" is defined by: 

(a) 40 C.F.R. 51.1661b1116): or 

(b) 40 C.F.R. 51.166(w)(2)1ii) for an actuals PAL. 

(13) "Alteration" means: 

(a) The installation or replacement of air pollution control equipment at a source: or 

1b) A ~hvsical chanqe in or chanqe in the method of operation of an affected facilitv 

that increases the potential to emit a pollutant, to which a standard applies, emitted bu 

the facilitv or that results in the emission of an air pollutant, to which a standard applies, 

not ~reviouslv emitted. 
(14) "Alternative method" is defined bv 40 C.F.R. 60.2. For purposes of this 

definition, "administrator" means both the U.S. EPA and the cabinet. 

(1 5) "Ambient air" is defined bv 40 C.F.R. 50. I [e). 

(16) "Ambient air qualitv standard" means a numerical expression of a specified 

concentration level for a particular air contaminant and the time averaqina interval over 

which that concentration level is measured and is a aoal to be achieved in a stated time 

throuqh the application of appropriate preventive or control measures. 

(17) "ANSI" means American National Standards Institute. 

(18) "AOAC means Association of Official Analvtical Chemists. 

(1 9) "ASTM" means American Societv for Testinn and Materials. 

(20) "Baseline actual emissions" is defined bv 40 C.F.R. 51.166(b)(47). 

(21 1 "Baseline area" is defined bv 40 C.F.R. 51 .l66(bHl5). 

(22) "Baseline concentration" is defined bv 40 C.F.R. 51.166(b1(13). 

(23) "Baseline date" means maior source baseline date or minor source baseline 

date and is established for each pollutant for which increments or other equivalent 

measures have been established if the area in which the proposed source or 

modification would construct is desi~nated as attainment or unclassifiable pursuant to 

42 U.S.C. 7407(d)(I)[A)(ii) or (iii) for the ~ollutant on the date of the source's complete 

a~plication; and 

(a) For a maior stationarv source, the pollutant would be emitted in sianificant 

amounts; or 

(b) For a maior modification, there would be a siunificant net emissions increase of 

the pollutant. 
1 (24) "Beqin actual construction" is defined bv 40 C.F.R. 51 .166(b)(l1). 

2 (25) "Best available control technoloqv" or "BACT" is defined by 40 C.F.R. 

3 51 .l66(b)(l2). 

4 (261 "BOD means biochemical oxidant demand. 

5 (27) "Boiler" is defined by 40 C.F.R. 96.2. 

6 (28) "BTU" means British thermal unit. 

7 (29) "Buildinq. structure, facility, or installation" is defined bv 40 C.F.R. 51.166(b)(6). 

8 130) "C" means deqree Celsius (centiqrade). 

9 131 "Cabinet" is defined bv KRS 224.01-01 O(91. 

10 132) "Cal" means calorie. 

11 (331 "Caoital expenditure" is defined bv 40 C.F.R. 60.2. 

12 (341 "dm" means cubic feet per minute. 

13 (351 "CHY means methane. 

14 (36) "Clean coal technoloav" is defined by 40 C.F.R. 51.166tb)(331. 

15 (37) "Clean coal technoloqv demonstration proiect" is defined bv 40 C.F.R. 

16 51 .l66(b)(34). 

17 (38) "Clinker" means the oroduct of portland cement kiln from which finished 

18 cement is manufactured bv millinq and qrinding. 

19 (391 "CO" means carbon monoxide. 

20 (40) "COT means carbon dioxide. 

2 1 (41) "COD means chemical oxidant demand. 

22 (42)"Combjned cvcle svstem" is defined bv 40 C.F.R. 96.2. 

23 (43) "Combustion turbine" isdefined bv 40 C.F.R. 96.2. 
(44). "Commence": 

(a) Means that an owner or operator has undertaken a continuous pronram of 

construction, modification, or reconstruction of an affected facilitv, or that an owner or 

operator has entered into a contractual obligation to undertake and complete, within a 

reasonable time, a continuous prouram of construction. modification, or reconstruction 

of an affected facilitv; or 

(b) Is defined bv 40 C.F.R. 51.166(b)(9) for the PSD or NSR prouram. 

(45) "Commence commercial o~eration" is defined bv 40 C.F.R. 96.2. 

(46) "Commence operation" is defined by 40 C.F.R. 96.2. 

(47) "Complete" is defined bv 40 C.F.R. 51.166(b)(221. 

(48) "Compliance schedule" means a time schedule of remedial measures including 

an enforceable sequence of actions or operations leadina to compliance with a limitation 

or standard. 

(491 "Compliance supplement pool" means the quantitv of NOx allowances ~rovided 

to Kentucky bv the U.S. EPA to be: 

la) Allocated to NOx budqet units that achieve earlv reduction; or 

(b) Used to assist NOx budqet sources that are unable to meet the compliance 

deadline as provided in 401 KAR 51:180, Section 5. 

(50) "Construction": 

la) Means fabrication. erection, installation, or modification of an -air contaminant 

source; or 

(bl Is defined for use in the PSD or NSR proqram bv 40 C.F.R. 51.166(bN8). 

(51) "Continuous emissions rnonitorinq svstem" or "CEMS" is defined bv: 
(a) 40 C.F.R. 51.166(b)(43) for 401 KAR 51:017; or 

(b140 C.F.R. 51.165(a)(l)(xxxi) for 401 KAR 51:052. 

(52) "Continuous emission monitorinq system for NOx" or "CEMS for NOx" is 

defined bv 40 C.F.R. 96.2. 

(53) "Continuous emissions rate monitorina svstem" or "CERMS'is defined by 40 

C.F.R. 51.166(b)(46). 

(54) "Continuous monitorinq system" means the total eauipment, reauired under the 

applicable administrative renulations in 401 KAR Chapters 50 to 65, used to sample, to 

condition (if applicable), to analvze, and to provide a permanent record of emissions or 

process parameters. 

(55) "Continuous parameter monitorina svstem" or "CPMS" is defined bv: 

(a) 40 C.F.R. 51 .166(bN45) for 401 KAR 51:017: or 

(b140 C.F.R. 5l.l65(a)(lI(xxxiii) for 401 KAR 51:052. 

(56) "Control ~eriod" is defined bv 40 C.F.R. 96.2. 

(57) "Director" means Director of the Division for Air Qualitv of the Energy and 

Environment Cabinet. 

(58) "District" is defined bv KRS 224.01 -01 O(11). 

(59) "dscf' means drv cubic feet at standard conditions. 

(601 "dscm" means drv cubic meter at standard conditions. 

(611 "Electric aeneratinq unit" means, for 401 KAR 51:160 to 51:195, a fossil fuelfired boiler, combustion turbine. or a combined cycle system used to generate twentyfive (25) megawatts or more of electricity, some of which is offered for sale. 
(62) "Electric utility steam aeneratinq unit" or "EUSGU" is defined bv 40 C.F.R. 

51.166tbM30). 

(63) "Emission standard" means that numerical limit that fixes the amount of an air 

contaminant or air contaminants that may be vented into the atmosphere from an 

affected facilitv or from air pollution control eauiument installed in an affected facilitv. 

(64) "Emissions unit" is defined by: 

(a) 40 C.F.R. 51 .l66(b)V) for 401 KAR 51:017; or 

(b) 40 C.F.R. 51.165(a)(lMvii) for 401 KAR 51:052. 

(651 "Enforceable as a practical matter" means that the emission or other standards 

contained in a ~ermit or compliance schedule include: I 

(a) Technicallv accurate emission standards and the portions of the source that are 

subiect to the standards; 

(b) A time period adequate to demonstrate compliance with the standards; and 

(c) The method the source shall use to achieve and demonstrate compliance with 

the limitations and standards, includinq appropriate monitorinq, recordkee~inq, and 

reportinq . 

(66) "Equivalent method" is defined by 40 C.F.R. 60.2. For uurposes of this 

definition, "administrator" means both the U.S. EPA and the cabinet. 

(67) "Excess NOx emissions" is defined bv 40 C.F.R. 96.2. 

(68) "Exempt compoundd" or "exempt solvent" means an orqanic corn~ound listed in 

the definition of volatile orqanic compound as not participatina in atmospheric 

photochemical reactions. 

(69) "Existing source" means a source that is not a new source. 
(70) "Extreme nonattainment countv" or "extreme nonattainment area" means a 

countv or portion of a countv desianated extreme nonattainment for the natio'nal 

ambient air aualitv standard for ozone. 

(711 "OF" means deqree Fahrenheit. 

(72) "Federal land manaqer" is defined bv 40 C.F.R. 51.166(b1(24). 

(73) "Federally enforceable" is defined bv 40 C.F.R. 51.166(b)(17). For purposes of 

this definition, "administrator" means the U.S. EPA. 

(741 "Federallv-enforceable ~ennif' means a permit issued under 401 KAR 52:020 

or 52:030. as appropriate. 

(75) "Fixed capital cost" is defined bv 40 C.F.R. 51.166(b)(55). 

(76) "Fossil fuel" is defined bv 40 C.F.R. 96.2. 

(77) "Fossil fuel fired" is defined bv 40 C.F.R. 96.2. 

(78) "ft" means feet or foot. 

(79) "Fuel" means natural gas; petroleum; coal; wood: or a form of solid, liquid, or 

gaseous fuel derived from these materials for the purpose of creatinq useful heat. 

(80) "Fuqitive emissions": 

(a) Means those emissions that could not reasonably pass throuqh a stack, 

chimnev, vent. or other functionallv equivalent opening; 

.(b) Is defined bv 40 C.F.R. 51.166(b)(20) for 401 KAR 51:017; or 

(c) IS defined bv 40 C.F.R. 5l.l65(aMll(ix) for 401 KAR 51:052. 

(81) "a" means gram. 

(82) "gal" means qallon. 

(83) "General fund is defined bv KRS 48.010(15)(a). 
(841 "Generator" is defined bv 40 C.F.R. 96.2. 

(85) "gr" means grain. 

(861 "HCI" means hvdrochloric acid. 

(87) "Heat input" is defined bv 40 C.F.R. 96.2. For purposes of this definition, 

"administrator" means the cabinet. 

(881 "HF" means hydrogen fluoride. 

(89) "Ha" means mercurv. 

(90) "Hiah terrain" is defined by 40 C.F.R. 51.166(b)(25). 

(91) "hr" means hour. 

(92) "Hvdrocarbon" means an orqanic compound consistinq predominantlv of 

carbon and hvdroqen. 

(93) "Hvdrocarbon combustion flare" means: 

(a) A flare used to complv with an applicable New Source Performance Standard 

INSPSI or Maximum Achievable Control Technoloqv (MACT) standard. includinq uses 

of flares durinq startup, shutdown, or malfunction permitted under the standard: or 

(bl A flare that serves to control emissions of waste streams com~tised 

predominately of hvdrocarbons and containing no more than 230 wldscm hvdronen 

sulfide. 

(94) "H7O" means water. 

(95) "H2SU means hvdroaen sulfide. 

SOe means sulfuric acid. 

(971 "in" means inch. 
(98) "Incineration" means the process of iqnitinq and burnina solid, semisolid, liauid, 

or gaseous combustible wastes. 

(99) "Industrial boiler or turbine" means a fossil fuel-fired boiler, combustion turbine, 

or a combined cycle system havinq a maximum design heat input of 250 MMBTU per 

hour or more that is not an electric qeneratina unit. 

(100) "Innovative control technoloqv" is defined bv 40 C.F.R. 51.166/bM19). 

(101) "Intermittent emissions" means emissions of particulate matter into the open 

air from a process that operates for less than any six (6) consecutive minutes. 

(102) "J" means ioule. 

(103) "Ka" means kiloaram. 

(1 04) "I" means liter. 

(1051 "lb means pound. 

enforce a certain restriction. 

(1071 "Lona drv kiln" means a kiln that employs no preheatinq of the feed and has a 

drv inlet feed. 

(108). "Lonn wet kiln" means a kiln that employs no preheatina of the feed and the 

inlet feed to the kiln is a slurrv. 

(109) "Low terrain" means an area other than high terrain. 

(110) "Lowest achievable emissions rate" or "LAER is defined by 40 C.F.R. 

51.165(aMl)(xiii). 

(I 11) "m" means meter. 

(1 12) "m3" means cubic meter. 
(1 13) "Maior emissions unit" is defined bv 40 C.F.R. 5l.l66(w)(2Niv). 

(1 14) "Maior modification" is defined bv: 

(a) 40 C.F.R. 51.166(b)(2) for 401 KAR 51:017; or 

(b) 40 C.F.R. 51.165(a)[l)lv) for 401 KAR 51:052. 

(115Y'Maior NSR permit" means a permit issued under Kentuckv's PSD or NSR 

program. 

(1 16) "Maior source" is defined bv 40 C.F.R. 70.2. For purposes of chapter 51, 

"subiect to reaulation" is defined bv this administrative reaulation. 

(117) "Maior source baseline date" is defined bv 40 C.F.R. 51.166(b)(14Mi) and (iii). 

(1 18) "Maior stationary source" is defined by: 

(a) 40 C.F.R. 51 .l66tb)(l) for 401 KAR 51:017; or 

(b) 40 C.F.R. 51.165(a)(l)(iv)(A)(l) for 401 KAR 51 :052. 

(1 19) "Malfunction" is defined bv 40 C.F.R 60.2. 

(120) "Mandatorv Class I area" means an area identified in 40 C.F.R. Part 81, 

Subpart D, if the administrator of the U.S. EPA, in consultation with the Secretarv of the 

United States Department of Interior, has determined visibility to be an important value. 

(121) "Marainal nonattainment countv" or "marqinal nonattainment area" means a 

county or portion of a countv desiqnated rnarqinal nonattainment for the national 

ambient air qualitv standard for ozone. 

(122) "Maximum desiqn heat input" is defined bv 40 C.F.R. 96.2. 

(123) "Maximum potential hourlv heat input" is defined bv 40 C.F.R. 96.2. 

(124) "Maximum ~otential NOx emission rate" is defined bv 40 C.F.R. 96.2. 

(125) "Maximum rated hourlv heat input" is defined bv 40 C.F.R. 96.2. 
(126) "ua" means microgram. 

(1 27) "mn" means milliqram. 

(128) "Mid-kiln firina" means the secondarv firina in kilns bv iniectinn solid fuel at an 

intermediate point in the kiln using a speciallv designed feed iniection mechanism for 

the purpose of decreasing NOx emissions throuah: 

(a) Burning part of the fuel at a lower temperature; and 

(b) Reducina-conditions at the solid waste iniection point that mav destrov some of 

the NOx formed upstream in the kiln burning zone. 

(1291 "min" means minute. 

(130) "Minor source baseline date" is defined bv 40 C.F.R 51.166(b)(141(iil- (iv). 

(1311 "MJ" means meqaioules. 

(132) "mm" means millimeter. 

(1 33) "MM means million. 

(134) "mo" means month. 

(1 35) "Moderate nonattainment county" or "moderate nonattainment area" means a 

countv or portion of a countv desianated moderate nonattainment for the national 

ambient air aualitv standard for ozone. 

(136Na) "Modification" is defined bv 40 C.F.R 60.2. 

(b) Exceptions to the definition of "modification" are listed in 40 C.F.R 60.14(e). For 

purposes of this definition, "administrator" means the cabinet. 

(1371 "Monitorinq device" means the total eauipment, reauired bv an applicable 

administrative reaulation in 401 KAR Chapters 50 to 65, used to measure and record, if 

applicable, process parameters. 
(138) "Monitorinq svstem" means a monitorinq svstem that meets the reauirements 

of 40 C.F.R. Part 96. 

(1391 "MWe" means rneaawatt electrical. 

(140) "N2" means nitroqen. 

(141) "Namewlate capacity" is defined by 40 C.F.R. 96.2. 

(142) "Natural conditions" means those naturallv occurrina phenomena that reduce 

visibilitv as measured in terms of visual ranqe, contrast. or coloration. 

(143) "Necessarv wreconstruction apwrovals or permits" is defined by 40 C.F.R. 

51.166(b)(10). 

(144)(a) "Net emissions increase" means. for anv requlated NSR pollutant emitted 

by a maior stationary source, the amount bv which the sum of subparaqrawhs 1 and 2 of 

this paraqraph exceeds zero: 

1. An increase in emissions from a warticular phvsical chanqe or chanae in method 

of oweration at a stationary source as calculated pursuant to 401 KAR 51:017. Section 

I(4h or 401 KAR 51:052, Section l(2): and 

2. Any other increases and decreases in actual emissions at the maior stationary 

source that are contemporaneous with the particular chanqe and are otherwise 

creditable. Baseline actual emissions for calculatinq increases and decreases under this 

paraqraph are determined as defined in this section. 

(bl An increase or decrease in actual emissions is contemporaneous with the 

increase from the particular chanqe onlv if: 
1. For construction that commences prior to Januarv 6, 2002, the channe occurs 

between the date ten (10) vears before construction on the change commences, and 

the date that the increase from the change occurs; and 

2. For construction that commences on and after Januarv 6. 2002. the chanae 

occurs between the date five (5) vears before construction on the chanqe commences, 

and the date that the increase from the chanqe occurs. 

(cl An increase or decrease in actual emissions is creditable onlv if: 

1. The cabinet or the U.S. EPA has not relied on the change in issuina a permit for 

the source pursuant to 401 KAR 51:017, 51:052, or 40 C.F.R. 52.21: and 

2. The permit is in effect at the time the increase or decrease in actual emissions 

from the particular chanqe occurs. 

(d) An increase or decrease in actual emissions of sulfur dioxide. particulate matter, 

or nitroaen oxides that occurs before the applicable minor source baseline date is 

creditable onlv if it is required to be considered in calculatinq the amount of maximum 

allowable increases remaininq available. For particulate matter, onlv PMIO emissions 

are used to evaluate the net emissions increase for PMlk 

(e) An increase in actual emissions is creditable only to the extent that the new level 

of actual emissions exceeds the old level. 

(fl A decrease in actual emissions is creditable onlv to the extent that: 

1. The old :level of actual emissions or the old level of allowable emissions, 

whichever is lower, exceeds the new level of actual emissions; 

2. The decrease is enforceable as a practical matter at and after the time that actual 

construction on the particular chanae beqins; and 
3. The decrease has approximately the same qualitative siqnificance for public 

health and welfare as that attributed to the increase from the particular chanse. 

(q) An increase that results from a physical chanqe at a source occurs if the 

emissions unit on which construction occurred becomes operational and beains to emit 

a particular pollutant. A replacement unit that requires shakedown becomes o~erational 

onlv after a reasonable shakedown period. not to exceed I80 davs. 

Ih) The term, actual emissions, as defined in subsection (2) of this section does not 

apply in determining creditable increases and decreases. 

(145) "New source" means a source, the construction, reconstruction, or modification 

of which commenced on or after the classification date as defined in the applicable 

administrative resulation. irrespective of a chanue in emission rate. 

12 (146) "Nitroaen oxides" means all oxides of nitrogen except nitrous oxide. as 1 

13 measured bv test methods specified bv the cabinet. 

14 (147) "nq" means nanourams. 

15 (148) "NO" means nitric oxide. 

16 (149) "N02" means nitrogen dioxide. 

I 

17 (150) "Nonattainment maior new source review prosram" or "NSR proaram" is 

18 defined by 40 C.F.R. 51.165(a)(l)~xxx). For purposes of this definition, "administrator" 

19 means the US. EPA. 

20 (151) "NOx" means nitroqen oxides. 

2 1 (1 52) "NOx allowance" is defined bv 40 C.F.R. 96.2. 

22 1153) "NOx Allowance Trackinq Svstem (NATS)" is defined by 40 C.F.R. 96.2 For 

23 purposes of this definition, "administratorn means the U.S. EPA. 

15 
(154) "NOx authorized account representative" is defined bv 40 C.F.R. 96.2. 

(155) "NOx budaet emissions limitation" means, for a NOx budqet unit, the tonnaqe 

equivalent of the NOx allowances available for compliance deduction for the unit and for 

a control period under 401 KAR 51:160 adiusted bv deductions of sufficient NOx 

allowances to account for: 

(a) Actual utilization under 40 C.F.R. 96.42(e) for the control period; 

(b) Excess NOx emissions for a prior control period under 40 C.F.R. 96.54(d); 

(c) Withdrawal from the NOx budaet program under 40 C.F.R. 96.86: or 

(dl A chanae in renulatorv status for a NOx budqet opt-in source under 40 C.F.R. 

96.87. 

(1561 "NOx budaet oot-in source" means an affected facilitv that has elected to 

become a NOx budqet unit under the NOx Budqet Trading Proaram and whose NOx 

budqet opt-in permit has been issued and is in effect. 

(157) "NOx budaet source" is defined by 40 C.F.R. 96.2. 

(158) "NOx Budaet Trading Program" is defined bv 40 C.F.R. 96.2. 

(159) "NOx budqet unit" means a unit that is subiect to the NOx Budslet Tradinq 

Proaram emissions limitation under 401 KAR 51:160 or 40 C.F.R. 96.80. 

(160) "NOx budqet unit operator" means a person who operates, controls, or 

supervises a NOx budaet unit, a NOx budqet source, or a unit for which an ao~lication 

for a NOx budaet opt-in permit under 401 KAR 51395 is submitted and not denied or 

withdrawn and includes a holding companv. utilitv svstem, or plant manaaer of a NOx 

budaet unit or source. 

(161) "NOx budqet unit owner" means: 

16 
(a) A holder of a portion of the leqal or equitable title in a NOx budnet unit or in a 

unit for which an application for a NOx budqet opt-in permit under 401 KAR 51:195 is 

submitted and not denied or withdrawn; 

(bl A holder of a leasehold interest in a NOx budqet unit or in a unit for which an 

application for a NOx budget opt-in permit under 401 KAR 51:195 is submitted and not 

denied or withdrawn; 

Ic) A purchaser of power from a NOX budqet unit or from a unit for which an 

a~~lication for a NOx budqet opt-in permit under 401 KAR 51:195 is submitted and not 

denied or withdrawn under a life-of-the-unit. firm power contractual arranqement and 

unless expresslv provided for in a leasehold aqreement, does not include a passive 

lessor, or a person who has an equitable interest throuah the lessor, whose rental 

pavments are not based, either directlv or indirectlv, upon the revenues or income from 

the NOx budqet unit or the unit for which an application for a NOx budqet opt-in permit 

under 401 KAR 51 :I95 is submitted and not denied or withdrawn: or 

(d) For anv neneral account, a person who has an ownership interest with respect to 

the NOx allowances held in the general account and who is subiect to the binding 

agreement for the NOx authorized account representative to represent that person's 

owners hi^. 

(162) "02" - means oxy-m 

(163) "03" means ozone. 

(164) "Ouacitv" is defined by 40 C.F.R. 60.2. 
(165) "Ooeratina" means, for a NOx budqet unit, having documented heat input for 

more than 876 hours in the six (6) months immediately precedina the submission of an 

application for an initial NOx budoet permit. 

(1661 "O~erator" means, for a NOx budqet unit, anv person who operates, controls, 

or supervises a NOx budaet unit, a NOx budqet source, or unit for which an application 

for a NOx budnet opt-in permit is submitted and not denied or withdrawn, and includes 

any holding companv, utility system, or plant manaqer of the unit or source. 

(1671 "Opt-in" means to be elected to become a NOx budqet unit under the NOx 

Budqet Tradina Prosram throuqh a final NOx budaet opt-in permit. 

(168) "Owner", for a NOx budget unit, is defined by 40 C.F.R. 96.2. 

(169) "Owner or operator" is defined bv 40 C.F.R. 60.2. 

(170) "of means ounce. i 

(171) "Ozone depletinq potential" or "ODP", means pursuant to 40 C.F.R. Part 82. 

Subpart A, Appendices A and 6, the ratio of the total amount of ozone destroved bv a 

fixed amount of an ozone depletina substance to the amount of ozone destroved bv tihe 

same mass of trichlorofluoromethane (CFC-11) in which the ozone depleting potential of 

CFC-11 is equal to one and zero tenths (1.0). 

(172) "Ozone depletina substance" or "ODSmeans anv chemical compound 

regulated under 40 C.F.R. Part 82 with decay products, after the ~hotolvsis of the ODs 

bv short-wave ultraviolet light, that are able to catalyze the destruction of stratospheric 

ozone. 

(173) "PAL effective date" is defined bv 40 C.F.R. 51.166(~)(2)(vi). 

(174) "PAL effective period" is defined bv 40 C.F.R. 51.166(wM21(vii). 

18 
(175) "PAL maior modification" is defined bv 40 C.F.R. 51.166(~)(21(viii). 

(176) "PAL permit" is defined bv 40 C.F.R. 51.166(~)(2)(ix). 

(177) "PAL pollutant" is defined bv 40 C.F.R. 51.166(w)(2)(x). 

(178) "Particulate matter" is defined bv 40 C.F.R. 60.2. 

(1791 "Particulate matter emissions" is defined bv 40 C.F.R. 51.100(~~l, except as 

used in 40 C.F.R. Part 60. 

(180) "Peak load" means the maximum instantaneous operatinq load. 

(181) "Permitted capacitv factor" means the annual permitted fuel use divided bv the 

manufacturer's specified maximum fuel consumption multiplied bv 8.760 hours per vear. 

(182) "Person" is defined bv KRS 224.01-010(17). 

(1831 "Plant-wide applicabilitv limitation" or "PAL" means an emission limitation, 

expressed in tons per vear, for a pollutant at a maior stationaw source, that is 

enforceable as a practical matter and is established source-wide in accordance with 401 

KAR 51:017 or 51:052. 

(184) ''pM2.511 means particulate matter with an aerodvnamic diameter less than or 

eaual to a nominal two and five-tenths (2.5) micrometers as measured bv a reference 

method in 40 C.F.R. Part 50, Appendix L, and desiqnated in accordance with 40 C.F.R. 

Part 53, or bv an equivalent method desiqnated in accordance with 40 C.F.R. Part 53. 

(185) "PMl; is defined bv 40 C.F.R. 51.100(qq). 

(186) "PMa emissions" means finely divided solid or liauid material with an 

aerodvnamic diameter less than or equal to a nominal ten (10) micrometers emitted to 

the ambient air as measured bv an applicable reference method. or an equivalent or 
alternative method specified in 40 C.F.R. Chapter I, or bv a test method specified in the 

Kentucky SIP. 

(1871 "Pollution reve en ti on" is defined bv 40 C.F.R. 51.166(b\(38). t 

(188) "Portland cement" means a hydraulic cement produced bv pulverizina clinker 

consistincl essentiallv of hvdraulic calcium silicates. 

(189) "Portland cement kiln" means a svstem, including solid, aaseous or liauid fuel 

combustion eauipment, used to calcine and fuse raw materials, includina limestone and 

clav, to produce Portland cement clinker. 

(190) "Potential to emit" or "PTE": 

(a) Means the maximum capacitv of a stationarv source to emit a pollutant under its 

phvsical and operational desiqn, in which: 

1. A phvsical or operational limitation on the capacitv of a source to emit an air 

pollutant, includina air pollution control eauipment and restrictions on hours of operation 

or on the tv~e oramount of material combusted, stored, or wrocessed, is treated as part 

of its desiqn if the limitation is enforceable as a practical matter: and 

2. This definition does not alter or affect the use of this term for other purposes of 

the Clean Air Act. 42 U.S.C. 7401-7671~1, or the term "cd~acitv factor" as used in the 

Acid Rain Proaram; 

(b) Is defined bv 40 C.F.R. 51.166(b)(41 for 401 KAR 51:017: or 

Ic) Is defined bv 40 C.F.R. 51 .I 65(a)(l)(iii) for 401 KAR 51 :O52. 

(191) "ppb means parts per billion. 

(192) "pamu means parts per million. 

(193) "~pm(w/w)" means Darts per million (weight bv weiqhtl. 
(1941, "Precalciner kiln" means a kiln in which the feed to the kiln svstem is 

preheated in cyclone chambers and utilizes a second burner to calcine material in a 

separate vessel attached to the preheater prior to the final fusion in a kiln that forms 

clinker. 

(195) "Predictive emissions monitorinq svstem" or "PEMS" is defined bv 40 C.F.R. 

51.166(b)(44). 

(1961 "Preheater kiln" means a kiln in which the feed to the kiln svstem is preheated 

in cvclone chambers prior to the final fusion in a kiln that forms clinker. 

9 (197) "Prevention of Sianificant Deterioration Program" or "PSD Proaram" is defined 

10 bv 40 C.F.R. 51.166(bM42). 

11 (1 98) "Proiect" is defined bv 40 C.F.R. 51. 166(b)(51). 

12 (199) "Proiected actual emissions" is defined bv 40 C.F.R 51 .166(b)(40). 

13 (200) "psia" means pounds per square inch absolute. 

14 (201 1 "~sia" means pounds per sauare inch qaqe. 

15 (202) "RACTIBACTIIAER Clearinahouse" or "RBLC" means the U.S. EPA's online 

16 collection of previous RACT/BACT/LAER determinations. 

17 (203) "Reactivation of a very clean coal-fired EUSGU" is defined bv 40 C.F.R. 

19 (204) "Reasonable further proqress" is defined bv 42 U.S.C. 7501 (11. For pumoses 

20 of this definition. "administrator" means the US. EPA. 

2 1 (205) "Reconstruction" means the replacement of components of an existinq 

\ 

22 affected facility to the extent that: 
(a) The fixed capital cost of the new components exceeds fifty (501 percent of the 

fixed capital cost that would be required to construct a comparable entirely new affected 

facilitv; and 

(b) It is technoloqicallv and economicallv feasible to meet the a~pli~abk 

requirements of 401 KAR Chapters 50 to 65. 

(2061 "Reference method" means a method of samplina and analvzinq for an air 

pollutant as published in 40 C.F.R. Part 50, AppendicesA to N; 40 C.F.R. Part 53; 40 

C.F.R. Part 60. Appendices A and B; 40 C.F.R. Part 61, Appendix 6; or 40 C.F.R. Part 

63. Appendices A to D. 

(207) "Resulated NSR pollutant" is defined bv.40 C.F.R. 51.166(b)(491. 

(208) "Replacement unit" is defined bv 40 C.F.R. 51.166(b)(32). 

(209) "Re~owerinq" is defined bv 40 C.F.R. 51.166(b)(36). For purposes of this 

definition, "administrator" means the U.S. EPA. 

(21 0) "Responsible official" is defined bv 40 C.F.R. 70.2. 

(21 1) "Run" is defined bv 40 C.F.R. 60.2. . 

(2121 "S" means at standard conditions. 

(21 3) "sec" means second. 

(2141 "Secondarv emissions" is defined bv 40 C.F.R. 51.166(bM18). 

(215) "Serious nonattainment countv" or "serious nonattainment area" means a 

countv or portion of a countv designated serious nonattainment for the national ambient 

air uualitv standard for ozone. 
1 (216) "Severe nonattainment countf or "severe nonattainment area" means a 

2 countv or portion of a county desianated severe nonattainment for the national ambient 

3 air aualitv standard for ozone. 

4 (217) "Shutdown" means the cessation of an operation. 

5 (218) "Sianificant" is defined by: 

6 (a) 40 C.F.R. 51.166(b)(23) for 401 KAR 51:017; or 

7 (b) 40 C.F.R. 51 .1651a)11)(x) for 401 KAR 51 :052. 

8 (21 9) "Siqnificant emissions increase" is defined bv: 

9 (a) 40 C.F.R. 51.166(b)(39) for 401 KAR 51:017: or 

10 (b) 40 C.F.R. 51.165(a~(I)(xxvii) for 401 KAR 51:052. 

11 (220) "Siqnificant emissions unit" is defined by: 

12 (a) 40 C.F.R. 51.166(w)(2)(xi) for 401 KAR 51:017: or 

13 (b) 40 C.F.R. 51.1650(2)(xi) for 401 KAR 51:052. 

(221 1 "Small emissions unit" is defined bv: 

(a) 40 C.F.R. 51.166(w)(2)(iii) for401 KAR 51:017; or 

(b) 40 C.F.R. 51.165(f)(2)(iii) for 401 KAR 51:052. 

(222) "SO," means sulfur dioxide. 

(223) "Source" means one (1) or more affected facilities contained within a qiven 

contiquous property line, which means the propem is se~arated onlv bv a public 

thorouqhfare, stream, or other riaht of wav. 

1224) "saw means square. 

(225) "Stack or chimney" means a flue, conduit, or duct arranaed to conduct 

emissions to the atmosphere. 
(226) "Standard" means an emission standard, a standard of performance, or an 

ambient air aualitv standard as ~romulaated in 401 KAR Chapters 50 to 65 or the 

emission control reauirements necessarv to complv with 401 KAR Chapter 51. 

(227) "Standard conditions" means: 

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

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

(bl For air quality determinations, twentv-five (25) deqrees Celsius (seventy-seven 

(77) deqrees Fahrenheit) and a reference pressure of 760 mm Ha (29.92 in. of Ha). 

(2281 "Start-up" or "startup" means the settina in operation of an affected facilitv. 

(2291 "State implementation plan" or "SIP means the most recentlv prepared plan 

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

(230) "Stationary source" is defined by 40 C.F.R. 51.166(b)(5). 

(2311 "Subiect to requlation" is defined by 40 C.F.R. 51.166(b)(48) for the PSD and 

NSR proqrams. 

(232) "Submit" means to send or transmit a document, information, or 

correspondence in accordance with an applicable requirement. 

(233) "TAPPI" means Technical Association of the Pulp and Paper Industrv. 

(234) "Temporary clean coal technoloqv demonstration proiect" is defined bv 40 

C.F.R. 51.166(b)(35). 

(235) "Ton" or "tonnaae" for a NOx budaet source is defined bv 40 C.F.R. 96.2. 

(236) "Total susaended particulates" or "TSP" is defined by 40 C.F.R. 51.100(s~). 

(237) "tpv" means tons per year. 

(238) "TSS means total suspended solids. 

24 
(239) "Uncombined water" means water that can be separated from a comoound bv 

ordinarv phvsical means and that is not bound to a compound by internal molecular 

forces. 

(240) "Unit" is defined bv 40 C.F.R. 96.2. 

(2411 "Urban countv" means a countv that is a part of an urbanized area with a 

powulation areater than 200.000 based upon the 1980 census. If a portion of a countv is 

a wart of an urbanized area, then the entire countv is classified as urban for 401 KAR 

Chapters 50 to 65. 

(242) "Urbanized area" means an area defined bv the U.S. Department of 

Commerce, Bureau of Census. 1 

(243) "US. €PA" means the United States.Environmental Protection Agency. 

(244) "UTM" means Universal Transverse Mercator. 

(245) "Visibilitv imwairment" is defined bv 40 C.F.R. 51.301. 

(246) "Volatile orqanic compound" or "VOC is defined bv 40 C.F.R. 51.100(s). 

(247) "vd" means vard. 

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Section 2. Incorporation by Reference. (1) "Standard Industrial Classification 

Manual", 1987, as published by the Office of Management and Budget is incorporated 

by reference. 

(2) This material may be inspected, copied or obtained, subject to applicable 

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

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

(a) Kentucky Division for Air Quality, 200 Fair Oaks Lane, 1st floor, Frankfort, 

Kentucky 40601-1403, (502) 564-3999; 

(b) Ashland Regional Office, 1550 Wolohan Drive, Suite I, Ashland, Kentucky 

41 102, (606) 929-5285; 

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

(d) Florence Regional Office, 8020 Veterans Memorial Drive, Suite 110, Florence, 

Kentucky 41 042, (859) 525-4923; 

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

(9 Hazard Regional Office, 233 Birch Street, Suite 2, Hazard, Kentucky 41701, 

(g) London Regional Office, 875 S. Main Street, London, Kentucky 40741, (606) 

(h) Owensboro Regional Office, 3032 Alvey Park Drive, W., Suite 700, Owensboro, 

Kentucky 42303, (270) 687-7304; and 
I (i) Paducah Regional Office, 130 Eagle Nest Drive, Paducah, Kentucky 42003, 

2 (270) 898-8468. 

3 (3) The Standard Industrial Classification Manual is also available under Order No. 

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

5 Springfield, Virginia 22161, phone (703) 487-4650. 
Leonard K. Peters, Secretary 

Energy and Environment Cabinet 

Date