# OCT 1

# 5 2010

ENERGYAND ENVIRONMENT CABINET Department for Environmental Protection Divisionfor Air Quality (Amended After Comments)
401 KAR 52:OOl. Definitionsfor 401 KAR Chapter 52. RELATES TO: KRS 224.01-010, 224.10-100, 224.20-100, 224.20-110, 

# 1
224.20-120,40 C.F.R. Parts 50-53,60-63, 70-78.42 

# U.S.C. 7401-7671q STATUTORYAUTHORITY: KRS 224.10-1OO(5) NECESSITY, FUNCTION, AND CONFORMITY: 

# KRS 224.10-100(5) requires the cabinet 

# [I] 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 correspondingfederal definitions. 

# itions with c~tatfons to the Code of Federal 

# . . Section 1. Definitions. 

# The defin 

# I 'n [A 

# u(1) "Acid Rain Program" means the national program for reducing SO2 

# and NOx
emissions established under 42 U.S.C. 7651to 76510 (Title IV 

# of the Act) and codified
at40 

# C.F.R. 

# Parts

# 72to 78.

1

# (2) "Act" meansthe CleanAir 

# Act established under42 U.S.C. 7401to 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 

# [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 permitaction. (7)

# "Affected unit" meansa 

# unitsubjecttotheAcid Rain Program. (8) "Air contaminant" is defined

# & [iR]KRS

# 224.01-OlO(1). (9) "Air pollutant" meansair 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, vitalto productionof the normal productof the source or to its normaloperation. (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

# th 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 

# statedtime through the applicationof appropriatepreventiveor control measures. (15) 

# "Applicable requirement" means a state-origin or federally enforceable requirementor standardthat appliesto 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 KRS224.01-OIO(9). [-] (48) 

# "Capital expenditurettis 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 reconstructionof 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

# reconstructionof an affectedfacility. (20) "Construction" means fabrication, erection, installation, or modificationof an air contaminantsource. (21) "Continuous monitoring system" means the total equipment, required underthe 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 priorto dischargetothe ambient air. (23) 

# "Control system" means a combination of one (1) or more capture systems and control devicesworking in concertto reduce discharges of pollutantsto 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 pertainingto the Acid Rain Program. In matters relating to the acid rain portion of a Title V permit, the term "responsible official': as defined inthis section, meansthe designated representative. (25) "Draft permit" means the version of a federally enforceable permit, which the cabinet offersfor 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)

# unforeseeableevent beyondthe controlof the source

# that:[~Aiek] (a) Requires immediate corrective actionto restorenormal operation; (b) Causes the source to exceed a technology-based emission limitation in the permit due to unavoidable increases inemissions attributableto 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 parameterthat limits the amount of a resulated air pollutantthat 

# a source

or emission unit is allowed tb emitto 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. madeeffective April 12,1995.

## . 

# . . . 

# -1 (31) "Enforceable as a practical matter" meansthat the emission or otherstandards contained in a permit or compliance schedule include: (a) Technically accurate emission standards and the portionsof the source that are subjectto the standards; (b) A time periodadequate to demonstrate compliancewith the standards; and 

# (c) The method the source will useto achieve and demonstrate compliancewith the standards, including appropriate monitoring, recordkeeping, and reporting. (32) 

# "Equivalent method"

# me n la~aolethoda~anda I' 

# for 

# an air pollutantthat has been demonstrated to the cabmetand the 

# US. EPA 

# eursuantto
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 photochemicalreactions. (34) "Federallv enforceable reauirement"means an item specified inthis 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 issuancebutwhich hasfuture-effective compliancedates. (a) 

# A standard or reauirement inthe SIP that implements the relevant reauirements oftheAct, includino a revisiontothat plan promulaatedat40 

# C.F.R.Part52; /b) 

# A term or condition of a preconstruction permit issued pursuantto anlicable administrative reaulationinpKARrs 

## C 

# 50 

# to 65 

# C- 

# . . f%wMkml aaproved or promulaatedpursuant 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 solidwaste incinerators; (dlA standard or other reauirementrsromulaated pursuantto 42 U.S.C. 7412;
10 

# (elA 

# standardor requirementof 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); (hlA standard or other reauirementfor consumer and commercial aroducts ado~ted pursuantto 42 U.S.C. 7511bIe); 0) A standard or other reauirementfor a 

# tank vessel adopted ~ursuant to 42 

# U.S.C.
751

# 1 bQ; and 

# (i) A 

# standard or other reauirementto 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 versionthat meetsthe applicable provisions of 401 KAR 

# 52:040, andfor which afinal determinationhas 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 otherfunctionallyequivalent 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" meansthe process of ignitingand burning solid, semisolid, liquid,

or gaseous combustible wastes.

# (43) 

# "Intermittent emissions" means emissions of particulate matter intothe open air from a 

# processthat operates for lessthan any six (6) 

# consecutive minutes. (44) "KyEISmeans the Kentucky Emissions Inventory System. (45) "Major source" means a s ta-p-s i 

# that emits or 

# has a eotential to em3 I 

# a eollutant that is subject to reau lation at or above a major sourcethresholdand; (a) 

# For HAPs:
1. 

# Is locatedwithin a 

# contiauousares 2.s undercommon control; 

# missions in determ 3. 

# lncl ining if 

# the source is major; 

# and



# . . 4. 

# Even if the units are ina contiguous area under commoncontrol. ermsslons

, 

# . 

# . . are not agare-wlthns 

# from other slmlar un Source status for:

a.uas exexelorationor eroductionwells and the associated ewi~ment or

me compressors or eumo stat~ons:and 

# (b! For reaulatedair a- HAPS: 

# - rol; 3. 

# Belonas to a s 

# . . inale malor 1ndWlgrou~ina where all of the eollthnt

-na to 

# the same major arowe the same two 

# !21



# . . ~a~t code1 as described in 

# the-taxlardllndustrlallasslfication 'C' 

# (SIC)


# I:and

# 1 4. Fuaitiveemissions are considered in determining 

# ifthe source 

# is maior if 

# it


# 2 belongsto a category listed inthis clause: 3 

# a. C

# oal cleanina dank(withthermal drversk 4 b. Kraft ~ulp mills;
5 c. Portlandcement plants; 6 d. 

# Primarvzinc smelters; 

# 7 e. Ironand steel mills;


# 8 f. 

# Primarvaluminum ore reductionglants;
9 

# a. Primarv cogaersmelters; 

## I0 

# h. Munici~al incineratorscapable 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. 

# Fuelconversion plants; 21 L 

# nterina oIaa&
22 

# 23 

# t Chemical process olants;r

C 

# ".

II C

### P 7~4w-1 C 

# E?w V.V.". 

# . . I 

# ... 

# .".

C)IIC~ 7 L V.V.". I 

# 5W9-l (46) "Major source threshold" means PTE: 

# (a) For HAPs:
1. 

# Ten (1 0) tons peryear or more of 

# a single HAP; 

# 2. Twenty-five 

# (25) tons peryear or more

# of combined 

# HAPs;or 3. 

# A lesser quantitythat the U.S. 

# EPAestablishes ina

# final rulemaking; 

# [#I

# (b) 100 tons per year or more for regulated air pollutants other than 

# HAPS,except that:


# 1. Forozone nonattainrnentareas:

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

areas classifiedas marginalor moderate; b. Fifty (50) tons peryear or more in areas classified as serious;

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

# Ten (1 0) tons peryear or more inareas 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 contributesignificantlyto 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 establishedbythe U.S. EPA 

# ina 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 mannerthat 

# is not

# causedentirelvHinr>arttce~ careless o~eration. or other upset cond~t~on or eaubntbreakdown 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 nonattainmentfor the 

# [etseflfkew] nationalambient air quality standard for ozone 

# [iwWMfW

# 51:0N]. (49) 

# "Minor source" means a stationary source that emits and has the potentialto emit lessthan the major source thresholds. (50) 

# "Moderate nonattainment county" or "moderate nonattainment area" means a county or portion of a county designated moderate nonattainmentfor the 

# [w]

nationalambient air quality standard for ozone 

# [-I. (51)w "Modification" means a nv phvsical chanae in. or a chanw 

# in the method of o~eration of. an affectedfacility that: hemuUof.an_ved into t 

# fa) Increases t 

# he hat facility. 

# o 

# . . -sphere by 

## t 

## r 

# that results ~1 

# the fzms~&afted air pollutant intothe atmosghere not oreviouslv

# d&&md

my: 

# I. Maintenance. repair, and re~lacement hat the cabinet determines to 

# be routine for asou 

# . . rce category cons~derma available information; i 

# .. i 

# in r 

# 2.~@. ifthat increase can be

1 

# ccomDlishedut i 

# a capitalture onthatfaallhr.. 

# -. . 3. 

# An increase inthe hours ofooeratiog f 

# . . 4. 

# UseLMor 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 constructionspecificationsas amended prior

# tn the change;
I 

# reau i 5. 

# Conversion to coa ired for enerq_v 

# K 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 ri r 

## I Q 

# er, aced bv asvstem that the cabinet detews

# to be lessenvironmentallv s 

# beneficial;or 7. 

# The relocationor 

## c

# hanae 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. 7470to 7492 or42 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 personwho owns. leases, operates, controls, ilily

# o orsu~erwses an affectedfac r

# a source of

# wh chanaffectedfacilitv 

# isa 

# oa& 

# r-

... -1 

# [t

# . . .. . -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

sourceto emit a pollutant under its physicaland operationaldesign inwhich: [;-wkeFef (a) A 

# physical or operational limitation on the capacity of a source to emit an air pollutant, including air pollution control equipment and restrictionson hours of operation

or on the type or amount of material combusted, stored, or processed 

# k [sbdl-h]
10 

# treated as partof its design ifthe 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 

# 3forty-five (45) day review period. (58) 

# "Reconstruction" means the replacement of components of 

# an existing affected facility to the extentthat: (a) The fixed capital cost of the new components exceeds

# fm (50) percent of the fixed capitalcostthat would be requiredto construct a comparableentirely new affected facility; and (b) 

# It 

# is technologically and economically feasible to 

# meet the applicable requirements in 401 

# KAR Chapters 50to

# 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) Nitrogenoxides; (b) Volatileorganic compounds;

(c) A pollutant for which a national ambient air quality standard has been promulgated pursuantto 42 U.S.C. 7409 (Section 109of the Act); (d) A Class Ior Class 

# II substance subject to a standard promulgatedor established pursuantto 42 U.S.C. 7671 to 7671q (Trtle VI of theAct); (e) A pollutant subject

# to a standard promulgated pursuantto 42 U.S.C. 7411; 

# (f) 

# A hazardous air pollutant (HAP) subject to a standard or other requirement established pursuantto 42 U.S.C. 

# 7412. (61) "Renewal" means the process by which a permit is reissued at the end of its permitterm. (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 dubauthorized 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-l

# mem~lov morethan 250 

# ~ersons or have aross annual sales 

# W

# tures exceeding$25,000.000 (insecond auarter 1980 dollawI;nc
2. 

# The delegation ofautho 

# . . rityto the reoresentatwe a 

# aDDr0ved 

# bvthe cabinet Jn advance pursuanttothis 

# subsection; 

# !b) For a oartnershi~ or sole proorietorShig. a 

# gened ~artner or the proprietor. reseectivelv;

or other oublic apencv, a pr r 

# inci~al executive officer orma K 

# eI ected official. Forthisinistrativereaulation. the f afederal agency itxbdesthe chief executive officer princi~al executive officer o



# . . 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 affectedsource, 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 permitterm 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" meansthe cessationof 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 rightof 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 necessaryto complywith 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 by42 U.S.C. 7410, 

# [wkick]has been approved bythe 

# U.S. EPA. (69) "State-originpermit" means a permit that is issued pursuantto 401 KAR 

# 52:040 and is notfederally 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 aursuanttom. 

# (72) "Subiectto reaulation" is defined bv40 C.F.R. 70.2 for the Title V 

# prowam. 

# a[o] "Title V 

# permitt'means a permit issued under Kentuckv's TitleV 

# proqram. 

# [D

-1 (74) 

# [o] "Title V 

# program" means a state operating permit program approved by the US. EPA pursuantto 42 U.S.C. 7661to 7661f (TitleV 

# of the Act). /75) 

# [w] 'Total suspended particulates" or "TSP means aarticulate matter as

measured 

# bv the method described in 40 

# C.F.R. Part 50. Aaoend

# ix 6. 

# ~~ t[

~n D .I 

# ..\. I 

# -1 (76)

# 101 "tpy" means ton peryear. (77) 

# [m] "U.S. 

# EPA" meansthe US. Environmental ProtectionAgency. (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, motoroil, or lubricating oilfor use inan internalcombustion engine,
4 

# or a lubricant for motor transmissions, gears, or axles 

# [v&&] through use,


# 5 storage, or handling has become unsuitablefor its original purpose due to the presence 

# 6 of impurities or loss of original properties.

# Leonard 

# K. Peters, Secretary Energyand EnvironmentCabinet

# REGULATORY IMPACTANALYSIS AND TIERING STATEMENT Administrative Regulation#: 401 KAR 52:001 Contact person: Laura Lund, EnvironmentalTechnologist 

# I1

(1) Providea briefsummary of: What this administrative regulation does: This administrative regulation defines the terms used in401 KAR 

# Chapter52. 

# 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 correspondingfederal definitions. How this administrative regulation currently assists or will assist in the effective administration ofthe statutes: This administrative regulation assists the public and the regulated community by providing clear and consistent definitions for terms used in 401 

# KAR Chapter52. (2) 

# Ifthis is an amendment to an existing administrative regulation, provide a briefsummary 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 impactthe 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 

# beingamended to conform to 

# KRS Chapter 13A. (b) The necessity ofthe amendmentto 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 permitsfor GHGs. If Kentucky'sGHG SIP revision is not in place by March31, 2011, 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 ensurethat 

# GHG sources will be permitted consistent with the final rule." This amendment also clarifiesthat 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 amendmentwill provide clear and consistent definitionsof terms used in401 KAR Chapter 52 to preventand control air pollution. Listthe type and numberofindividuals, businesses, organizations, orstate and local governments affected by 

# this administrative regulation: The amendments to this administrative regulationaffectsany 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. Ifthese amendments are not made, Kentucky's permitting authorityfor these sourceswill becomevoid. Provide anassessment 

# of howthe 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 underthe 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 underthe PSD program will have to submit a permit application including Best Available Control Technology (BACT) reviewfor greenhouse gas emissions. In complying with this administrative regulation or amendment, how muchwill it

# cost each ofthe entities identified inquestion (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 implementthis administrative regulation: (a) Initially: The inclusionof 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 handlethe 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

# becauseof GHG emissionswill be subjectto Title V emission fees for particulate matter, SO2, 

# NOx, 

# andVOC 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 paragraph6. 

# State whether or notthis 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 

# emissionfees may be impacted. TIERING: 

# Is tiering applied? Yes. TheTailoring Ruleamends the threshold of greenhouse gas emission levels subject to regulation. This tiering revisionwas necessaryto prevent small businesses and individuals from becoming subject to permitting requirementssolely due to greenhouse gas emissions.

# FEDERALMANDATE 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 necessaryto revisethe regulation in order to maintain federal approvability. Failure to do so will 

# result in a Federal ImplementationPlan.
2. State compliance standards. The state compliance standards are found in KRS 224.10-lOO(5).
3. 

# Minimum or uniform standards contained inthe 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,thanthose 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 correspondingfederaldefinitions.

# 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 programswould be required to obtain a permitfrom the Divisionfor 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 ofa state or local governmentagency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation isto be ineffect. (a) 

## H~W 

# much revenuewill this administrative regulation generatefor 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 TitleV fees may be impacted bythe implementationof this regulation. 

# (b) How much revenuewill 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 TitleV fees may be impacted bythe implementationof 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 necessaryto operatethis program. (d) How much will 

# it cost to administer this program for subsequent years? The U.S. 

# EPA has estimated that itwill cost the permittingauthority 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 operatethis program.(a) Howthe 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 authorizingstatutes: (d) How the amendment will assist in the effective administration ofthe statutes: (3) Listthe type and number of individuals, businesses, organizations, or state and localgovernments affected by this administrative regulation: Any college or university seeking to offer an APRN program of nursing; number, unknown. (4) Provideananalysis of howthe entities identifed inquestion (3) will be impacted by eitherthe implementationof 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) Incomplying 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 beginningnew 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 estimateof how much itwill costthe administrative bodyto 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 administrativeregulation: Agen

### cvfunds~ 

# ,*P") VOLUME 37, 

## NUMBER 

## 3

# -SEPTEMBER 1.2010 

# hb.,m\ber 

# I, 10
Revenues (+I-):The administrative regulationwill bring in some revenue throughthe applicationfees. Expenditures (+I-): Additional staff time, and the possibility of additional staff, will 

### be needed sincethis is a new program for 

### Me board.



## . 

# . i Other Explanation:

ENERGYAND ENVIRONMENTCABINET Departmentfor Envlronmentai Protection Division for Air Quality (Amended After Comments)
401 

### KAR 51:001. Definitionsfor 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[~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 regulationare neither more stringent nor otherwise differentthan 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, ~&ewor bythe chaige if ~t isan 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 discussedabove. (9) TIERING: Is t~ering applied? T~enng was not appliedas the changes applyto 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 (includingcities, counties, fire departments, or school districts) will be impacted bythis administrativeregulation? 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 thefirst full year the administrative regulation is to be ineffect. (a) How much revenue 

### will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or schwldistricts) for the first year? Unknown (b) How much revenue will this adrninistrative regulationgenerate 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 programfor the first year? There is no way to estimate the additional costs to administer this programsince 

### it is unknownhow 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"Actualemasions": 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, intons 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 ismore repre-

-- - -- fb) Meanssource-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 ona particular date. the potentialtoemit ofthe unit onthat date: and

- - fdl Does notmean: 

### 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 contaminantintothe 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 Inthe Commonwealthof 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 inthe baseline area onthe datethe appli- cable minor source baseline date is establishedl&&hed+y 

# -

123) "Baselme date" means malor source baselme date or mlnor source baselmedate 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) "Capitalexpenditure" isdefined bv40 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 portlandcement kilnfrom which finished cement is manufactured by millinaand arindinq. J39) "CO" means carbon monoxide. 140)"COTmeans 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)(AN4or 

### lid for the wllutant on the date of the source's completc aopl~cat~on: and (a) For a mxr stat1ona6source. the alutantwould 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 insignificant 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 enclosedfossil or other fuel-tired device that is comprised of a comDressor, a combustor, and a turbine. and in which the flue gas resultinafrom (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 reasonabletime. a contistructures: and jbl For a chanqe in method of operations, those on-site activities, other than the preparatow activities, that mark the initiation ofthe chanqerpL (25) "Best available control technoloav" or "BACT' means an emissions limitation. includina a visible emission standard, based onthe maximumdeqree 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 modifiedwith~utsubstantial lossto the owner or operator. to undertake a proaram niaues. includinq fuel cleanina or treatment or innovative fuel combustion techniques for control ofthat 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 in40 C.F.R. Parts 60 and 61; and reasonabletime6 (cl Is satisfied bv a desian, eaui~ment, work practice, or operational standard or combination of standards approved bvthe cabinet, if: 

## p 51.166(b)(12) that technoloqical or economic limitations onthe 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 in401 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 isthe 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 in401 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 Britishthermal 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 inthe Standard IndustrialClassification Manual: lblAre 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 etime scheduleof 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 providedto Kentuckv bythe 

### U.S. EPA to be: (a) Allocated to NOx budaet units that achieve earlv reduction: or 

## - {b) Usedto asslst NOx budqet Sourcesthat are unableto 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 ofthe 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 Diluentqas 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 bv40C.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 recordof 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" meansthe period beginninq May 1of a year and endina onSedember 30 ofthe same year. inclusive 

## 1-L

... . . (57) "Director" means Director of the Divisionfor Air Qualitv of the Enerqvand EnvironmentCabinet. 158) "District" is defined bv KRS 224.01-OlO(111. 

### . (59) "dscf' means drv cubic feet at standard conditions. 160) "dscm" meansdrv cubic meterat standard conditions. (61) "Electric aeneratina unit" means. for 401 

### KAR 51:160 to 51:195, a fossil fuel-fired boiler,combustionturbine. or a combined cvcle svstern usedto aeneratetwentv-five (251meaawattsor more of electricitv,some of which is offeredfor sale.

-
~ -~ are two (2) types of emissions units: fa) A new emissions unit. which Is anv emissions unitthat is or will be newly constructed and that has exlsted for less than two (2) years from the date the unitfirst 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 a practEE%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 compliancewith 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 relationshiptothe 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 limitationfor theunit[-L



## ... . , (68) "Exempt Compound" or "exem~t solvent" means an oraanic comuound listed inthe definition of volatile oraaniccompound 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 nonattainmentfor the national ambient air qualitv standard for ozone. 1711 "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 bythe US. EPA. includinq: la) Requirements developed under 40 C.F.R. Parts 60 and 

# afbl Reaulrements in the Kentuckv State Implementation Plan (SIP) approved bvthe 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 CFP.. 

### ~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. ifthe 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" meansfeet 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 Dumoseof creatlna useful heat. 180) "Fuqltlve em~ssions" I-1 means those emissions that could not reasonabivpass 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 exhaustfrom other sources; and lb) Is measured, recorded, and re~orted tori
the cabinet 188) "HFmeans hvdroqenfluonde J89) 'Ha" means mercury. (90) "Hlahterrain" 1sdefined bv 40 C.F.R. 51.1661b)(25). 191)"hr" means hour. (92) "Hvdrocarbon" means an orqanic compound consistinq predominantlvof 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 underthe standard: or [b) A flare that serves to control emissions of waste streams comorised Dredominatelvof hvdrocarbons and containina no more than230 ualdscm hvdroaen sulfide. (94) "H20 meanswater. 195) "HSmeans 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 boileror 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" meansthe cabinet or the 

### U S. €PA hasthe 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 inletfeed. (108) "Lona wet klln" means a klin that em~lovs no reheating of the.feed and the inletfeed to the kiln is a sturrv. (109) "Lowterrain" means an area otherthan highterrain. 1 [I101 "Lowest achievable emissions rate" or 

### "LAER" means, ' for anv source: {all. The most strinaent emissions limttatlon that is contained inthe 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 bythe class or cateaorv ofstationaw 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-



## .. . 1111) 'm" means meter. (112) "mL' means cubic meter. 

### 11 13) "Maioremiss~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 isconsidered sianificant for ozone. lblA 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 naturalqas curtailment plan ineffect 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 bva 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 inthe hours of operation or inthe ~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 inownership at a stationaw source; 7. The installation, operation. cessation, or removal of a temporaw clean coal technoloay demonstration ~roiect, ifthe proiect complies with the ~entickvSlP and other reaulrements necessarv to attain and maintaln the national ambientair quality standards durinq the ~roiect and afler it is termi

## nated: 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 inthe 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", insubsection (175) of this section, is usedfor a particular requlated NSR pollutant. if the major stationary source is complyinq with the requirementsof401 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. (117) "Maiorsource baseline date" means: (a) For particulate matter and sulfur dioxide. January 6, 1975: and (b) For nitroqen dioxide. Februarv 8. 1988rid&&&4Q (118)"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 moderateozone nonattainmentarea: fifty (50) tons per year or more of volatile orqanic compounds or nitroqen oxides ina serious ozone nonattainmentarea; twentyfive (251 tons oer year or more of volatile oraanic CO~DOU~~Sor nitrogen oxides in a sevcrc ozone nonattainment area: or ten (10)

- - tons oer vear or more of volatile oraanic compounds or nifrogen oxides inan extreme ozone nonattainmentarea; b. Fifty (501tons per vear or more of carbon monoxide ina 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) ina serious PMqo nonattainmentarea: 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 maiorfor 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 plantswith thermal dryers; 2. Kraflpulp mills; 

### 3. Portlandcement plants; 4. Primarv zinc smelters; 5. Ironand steel mills; 6. Primary aluminum ore reduction plants; 7. Primarycopper 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 leadsmelters; 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 NAlCScodes 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 productionplants: 26. Fossil fuelfired steam electric plants of morethan 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 administratorof the U.S. 

### EPA, in consultation with the Secretarv of the US. De~artment 

### of Interior. has determined visibilitvto be an important value.

-- f121) "Maralnal nonattalnment count~" or "maminal nonattainment area" means a countv or portionof a countv desianated marginal nonattainmentfor the nationalambient air qualitvstandardfor ozone.



### 8621. (123) 'Maximum potentfa hourlv heat in~ut" means an hourlv heat inout usedfor 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, 

### ifthe unit intendsto use a flow monitorand a diluents gas monitorlP1 J124) "Maxlmum potenbal NOx emlssion rate" means the emission rate of NOx i~n lb per MMBTU) calculated accordinq to 40 C.F.R. Part 75, Appendix F. Section 3. uslnq the maximum potential NOx concentration as defined 

### in40 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 inrrutl

### gg21. 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 emissionsthrouah: lalBurnina part of the fuel at a lowertemperature: 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 baselmedate" means: (a) The earliest date afler the triaqer date onwhich 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 IsAuqust 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 standardfor ozone.
fa) Increases the amount of anv a standard applies) emitted into the atmosphere by orthat results Inthe emission of any air ~ollutant (to which a standard a~~lies) into the atmosphere not previouslv emitted;

-- 

# and /b) Is notsolelv: 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 tothe 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 In401 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 In401 KAR Chapters50 to 651-. 1139) "MWe" means meaawattelectrical. (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 preconstructlona~~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 inthis section. (b) An increase or decrease in actual emissions is wntemporaneouswith 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 effectat the time the increaseor decrease In actual emlsslonsfrom the Dartlcular chanaeoars. (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 increasefrom the partiwlar chanae. la)An increase that results from a Phvsicalchanae 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 reasonableshakedown period, notto exceed 180 davs. (h) The term, actual emissions, as defined in subsection (21 of this sectiondoes 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, irrespectiveof a chanae inemission-rate. (146) "Nitroqen oxides" means all oxides of nitroqen except nitrous oxide, as measured bv test methods specified inthe Kentuckv SIPlbMe+a&&l. (147) "na" means nanoqrams. (148) "NO" means nitricoxide. (149) "NO," means nitroqendioxide. (1501 'Nonatta~nmentmaior new source review proarm" or "NSR proaram" IS defined bv 40 C.F.R 51 165(a)(ll(xxx). For purposesof th~s definition, "admin~strator" means the US EPA (I

51) "NOx" means nltroaenoxides 11521"NOx allowance" is defined bv40C.F.R. 96.2. (153) "NOx Allowance Trackina Svstem" or "NATSIWI" is defined by40 C.F.R. 96.2 For purposes of this definition, "admin- (154) 'NOx authorizedaccount 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 WR51:160 adiusted bv deductions of sufficient NOx allowances to account for: la) Actual utlllzatlon under 40 C.F.R. 96 42(e) for the control
narinri. YIIIVU. (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 isineffect. (157) "NOx budaet source" is defined bv40 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 Proaramemissions limitation under 401 KAR 51:160 or40C.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 budqetunit owner" means: (a) A holder of a portionof 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 applicationfor 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% budaetopt-in permit under 401 WR51:195 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 own

### ership. (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 inthe 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% budctetpermit. (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 budaetopt-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 depietinawtential" or "ODP, means pursuantto 40 C.F.R Part 82. SubpartA. ApDendiceSA and 

### 6, the ratioofthe 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) inwhich the ozone

liaht, that are ableto catalyzethe deSt~~tlOn of stratospheric (173) "PAL effectwedate" means: la)The date of issuanceofthe PAL ~ermit: or lb) For an increased PAL. the date anv emissions unltthat 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 PALfor a maior stationary 

### source^^ 

# -

1177)"PAL wilutant" means the pollutantfor 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 in40 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 in40 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 peryear. 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 in40 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 matterwith an aerodynamic diameter less than or eaual to a nominal ten (10) micrometers as measured bv a reference method in40 C.F.R. Part 50. Appendix J. and deslanated inaccordancewith 40 C.F.R. Part53. or bv an eauivalent method desianated in accordancewith 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 in40 C.F.R. Chapter I,or by a test method specified inthe KentuckySIP. 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~Portlandcement clinker. 1190) 'Potential to emit" or "PTE" means: la1The maximum capacity of a stationary source to emit a pollutant under its physical and operational design, inwhich: 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) Forthe PSD and NSR proqrams, the maximum capacity of a stationary source to emit a pollutant under its phvsical or operational desian, inwhich: 

### I.

A physical or operational limitation on the capacity of the source to emit a ~ollutant, inciudina alr ~ollution control of operation or on the eaui~ment and restrictions on hours 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 haveonemissions: a. Isfederallv 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&5aJ1191)"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 priorto the final fusion in a kilnthat 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 inwhich the feedto the kiln svstem is preheated in cyclone chambers priorto 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&bv40CF.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, intons per vear. at which an existinq emissions unit is projected to emit a regulated NSR pollutant In any one (I1of 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)

-- yearsfollowing that date, if: 1. The proiect involves increasing the emissions unlt's desian camcitv or its potentialto emit the regulated NSR pollutant; and 2. Full utilization of the unit would result in a significant emissions increase or a significant net emissions increaseat the maior stationary source; or Jb)The maximum annual rate. intons per year. at which an emissions unlt, before beainnina actual construction, is pmjected to emit a reaulated NSR pollutant, ifthe 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 includinqanv 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 emissionsl

### 1. (2001"osia" means pounds per square inchabsolute. 1201) "psiq" means pounds oer square inchqaae. (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 bv40 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 caoltalcost that would be requ~red to construct a comparableentirelv new affected facilitv: and (0) It is tccnnolog~callv and econornlcallv feaslble to meet the awlcable reaJlrcmentsof401 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 bythe U.S. EPA, (b) A pollutant subiect to anv standard ~romulqated under 42 U.S.C. 7411

### : (c) A pollutant subiectto a standard promulqated under or established by42 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~lacemenlunit" 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 unitthat: 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 incharqe 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 toa ~ermit: and 

### 1. The facilities empiov more than 250 persons or have gross annual sales or expenditures exceedinq $25.000.000 in second auarter 1980dollars; or 2. The delegation of authoritv to the representative Is approved inadvance bvthe cabinet pursuanttothis subsection; Ib) For a partnership or sole ~roprietorshi~. a aeneral

operation of a principal qeoqraphic unit ofthe 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 withinthe limits of good enqineerinq practice, when an emission sample Is collectedfii (212) 

### "S"means at standardcond~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 nonattainmentfor the national ambient air aualitv standard for 

# ozone. 12161"Severe nonattainmentcount< 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 particu

# I 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 a

# -

bustor orpanics



### rans) Municipal waste wmbustor metals (measured as particulate grams Der vear [Malv) (3.5 x 10' 

# m

14 Mqlv (15tav)

- matter) Municl~al waste wm- 

## I 36 Mqlv (40tpvl bustor awd aases 

# I

-- -- - imeasured as sulfur 

# 1 

# I dioxide and hvdroqen 

# I 

# I chloride) 

# I Municipal solid waste 

## 1 35 Malv (50tpvl landfill emissions 

# I (measured as nonmethane oraanic wm-

# I

ounds 

# L

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 inthe 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 Iarea, 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 inthe table POLLUTANT 

# I EMISSIONSRATE Carbon monoxide 

# 1 100 tons per year 

# Iw Ozone depleting 

# 1

40 t~v of volat~leoranlc com~oundsor 

# 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 exceedsthe following: 

### 1. TwentvAve (25) tons per vear of volatile oraanic compoundsor nitrogen oxides ina 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,

ldethat equals or exceedsfiftv (50) tons oer vear in a ! nonattainment area for carbon monoxide inwhich 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 eaualto orareater 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. 7401to 76719. whichever islowerl~
(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 promulqatedin 401 KAR Chapters 50 to 65 or the emission control reauirements necessawto complvwith 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 affectedfacllltv J229) "State ~mplementat~on plan" or "SIP" means the most recently preoared plan or revlslon reauired bv 42 USC. 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~ectto 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~ablerequirement. 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 in40 C.F.R. Part 50. Appendix El-1 g37) "t~v" means tons perwar (238) '75s" meanstotal 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 boundto a comoound bv internalmolecularforces. (240) 'Unit" means a fossil fuel-fired stationary boiler, combustion turbine. or combined cvcle svstemIkk&e&&W 1241) "Urban countv" means a countvthat is a part of an urbanized area with a oo~ulation qreater than 

### 200,000based uwnthe 1980census. If a wrtion of a counh, is a Dartof an urbanizedarea, 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. Departmentof Commerce. Bureauof Census. 

### (243) "U.S. 

### EPA" means the UnitedStates Environmental PmtechonAaencv. /244) "UTM" means Un~versal Transverse Mercator. (245) "Vlslh~l~tv lmpa~nnent" is defined bv40 C.F.R. 51.301. (246) "Volat~le oraanlc compound" or 

### 'VOC" IS defined bv 40 C.F.R. 51.100(s). 

### P471 "vd" meansyard 

## fL

W:

# - PEZC

# -

OCOZ 'I,

## t138W31d3S

# -E L138WnN 

# 'LC3WnlOA

## VOLUME 37, NUMBER3

# -SEPTEMBER 1,2010



# - 1235

# - &5h andavatlabflftvreaulr-ts of-

## VOLUME 37, 

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## 37, NUMBER 3

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## 37, NUMBER 3

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## 37, NUMBER 3 

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## NUMBER

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Section 2. Incorporationby Reference. (1) The followlna material is incorporatedbv reference: la) "North American Industry Classification System". 2007, as publishedbvthe Office of Manaqementand 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., localtime: (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, Kentucky41102, (606) 929-5285; (c) Bowling Green Regional Off&, 1508 Westen Avenue, Bowling Green, Kentucky42104, (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, Kentucky42303, (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 BYAGENCY: October 14,2010 FILEDWITH LRC: October 15.2010 at 11a.m. CONTACT PERSON: Laura Lund, Environmental Technologist II, Division for Air Qual~ty, 1st Floor. 200 FairOaks Lane. Frankfort, Kentucky 40601, telephone (502) 564-3999, ext 4428, fax 

### (502) 564-4666, email Laura-Lund@ky.gov. REGULATORYIMPACT ANALYSISAND TIERING STATEMENT Contact person: Laura Lund (1) Provide a briefsummary of: (a) What this administrative regulation does: This administrative regulationdefines the terms used in401 KAR Chapter51. (b) The necessity of this administrative regulation: This administrative regulation provides clear and consistent definitions for terms used in401 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 providesthe 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 definitionsfor terms used in401 KAR Chapter 51. (2) Ifthis is an amendment to an existing administrative regulation, providea brief summary of: (a) Howthe amendmentwill 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 underthe Clean Air Act, and the inclusion of a definition for "subjectto 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, 2011, 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 Kentuckydoes not have authorityto issue PSD permits for GHGs. If Kentucky's GHG SIP revision is not in place by March 31, 2011, the Commonwealth will beme subject tothe Federal ImplementationPlan, 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.undertakea 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 regulatedsolely becauseof their greenhouse gas emissions by tailoring the thresholdlimits. (c) How the amendment conforms to the content of the authorizing statutes: This amendment maintains consistency with corresponding federal definitions affecting Kentucky's PSD andTitle V permitting programs. (d) Howthe 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 controlair pollution. (3) List the type and number of individuals, businesses, organizations, or state and localgovernments affected bythis administrative regulation: The amendments to this administrative regulation affects anyfacility with the capacityto emit greenhouse gases at or above the thresholds specified in the GHG Tailoring Rule. This includes PSD and TieV 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 reducedto 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 sourceswill becomevoid.

## 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 indudethe regulation of greenhouse gas emissions. For those sources emitting at or above the major source threshold for greenhouse gas emissions, new permitswill haveto 

### 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 regulationor 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. Forthose sourcesthat 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 itwill cost the administrative bodyto 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 madeto sources as a resultof this regulation. (b) On a continuing basis: The cabinet must maintain the additional staff in order to handlethe increase in permit issuance. US. EPA has estimated that a Title V permit applicationfor greenhouse gas sources wouid cost a permitting authority, on average, between $9,844 and $19,688 to process each source permit. (6) What isthe 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 emissionfees 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 revisionwas necessary to prevent small businesses and mdwtduals from becoming subject to permittmg requirements solelydue 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, recentchanges in the federal PSD or NSR and Title V pmgrams make it necessary to revise the regulationin order to maintain federal approvability. Failure to do 

### so will result in a Federal Implementation Plan. 2. State compliance standards. The state compliance standards arefound 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 bythe federal mandate?No 5. Justification for the imposition of the stricter standard, or additional or different responsibilitiesor requirements. The definitions contained in this administrative regulationare 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 Qualityas 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 requiredto obtain a permitfrom the Division forAir 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 ineffect. (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 administrativeregulation does not generate revenue, butTitle V fees may be impacted by the implementationof 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 programfor 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 necessaryto operatethis 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 Divisionfor 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.ENERGYAND ENVIRONMENTCABINET Departmentfor Environmental Protection Divisionfor Alr Quality (Amended After Comments)
401 KAR52:001. Definitionsfor 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 STATUTORYAUTHORITY: 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"meansthe national programfor reducing SO2and 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. 7401to 7671q. (3) "Actualemissions" means the quantity of an air pollutant that is uhvsicallv emitted into the ambient air during a specified time period. Iisdefine&&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 intothe outdoor atmosphere. (5) "Affected source" means a source that includesone (1) or more affected units. (6) "Affected&&pAk&!~ meansa[-] 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 requestingthe proposed permitaction. (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 productionof 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, towhich the qeneral public has access.


## -1 (14) "Ambient air quality standard" means a numericalexpression of a specified concentration levelfor a particular air contaminant and the time averaging intemlover 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)-"Applicablerequiremen? means a state-origin or federally 

## VOLUME 37, NUMBER

### 3

# -SEPTEMBER 1,2010



# - 1245

# - enforceable requirement or standard that appliesto 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 itwith asphalt cement inseparate 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 reconstructionof an affected facility. (20) "Construction" means fabrication, erection, installation, or modification of an air contaminantsource. (21) 'Continuous monitoring system" means the total equipment, required under the applicable administrative regulations 401 KAR Chavters 50 to 65, usedto 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 pollutantsto 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 inthis section, means the designated representative. (25) "Draft permit" meansthe version of afederally 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 mixingthe aggregate with asphalt cement Inone (I) operation. (27) "Emergency" means a situation arisingfrom 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-basedemission limitation in the permit due to unavoidable increases in emissions attributableto 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 reaulatedair 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 potentialto emit a requlatedair pollutantand does not alterthe definitionof the term "unit" as used inthe 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, NUMBER3 

## -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 havea 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 inthe definitionof volatile organic compound as not ~articipatina in atmos~heric Dhotochemicalreactions. (34) "~ederallv enforceable ;equirementmmeans 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-effectivecompliance 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 promulaatedpursuantto 42 U.S.C. 7401 to 7515; (c) A standard or other reauirement aromulaated pursuant to 42 U.S.C. 7411or 7429 aovemina solidwaste incinerators; (dl A standard or other requirement uromulaated uursuant to 42 U.S.C. 7412; {e)A standard or reauirementof the Acid Rain Proaram; 

## {fl A reauirement established pursuantto 42 U.S.C. 7414(a)(3) or7661dblfor 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 DerInittedpursuant to 42 U.S.C. 7661del; /h) A standard or other requirement for consumer and commercial productsadopted pursuantto 42 U.S.C. 7511bfek A standard or other reauirement for a tank vessel adopted pursuantto 42 U.S.C. 7511b(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 allthe 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 listedpursuantto 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 itwith asphalt cements. (41) "Hydrocarbon" means an organic compound consisting predominantlyof carbon and hydrogen. (42) "Incineration" means the process of igniting.aod burning solid,semisolid, liquid, or gaseous combustiblewastes. (43) "Intermittent emissions" means emissions of particulate matter into the open air from a process that operates for less than any six (6) consecutiveminutes. (44) "KyEIS" means the Kentucky Emissions Inventory System.(45) "Major source" meansa stationarvsource or a qrouv of stationaw sources that emits or has a potentialto emit a pollutant that ls subiect to regulation at or above a maior source threshold and: la) For HAPS: 1. Is locatedwithin a contiauous area; 2. Is under common control; 3. Includes allfuaitive HAP emissions in determininq ifthe 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. Oilor qas explorationor production wells and the associated equipment: or b. Pi~ellne compressors or pump stations: and lb)For requlatedair pollutants other than HAPS: 1. Is located on one 

### (I) or more 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 belonastoa cateqorv listed 

### inthis clause: a. codcleaT% plants (with thermal dwersl; b. 

### Kraft pulp mills; c. Portland cement plants; d. Primaw zinc smelters: e. Ironand 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 wrdav; 

### i. Hvdrofluoric, sulfuric, or nitric acid plants; 

### j. Petroleum refineries; k. Lime plants: I. Phosphatemck Drocessinqplants: m. Cokeoven batteries; n. Sulfur rewvewplants; 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 DrOdUctlOnplants; 

### 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 Pursuantto 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- 

## ". 

# ~m-- 7- 

# -

Uskrcatw 

## -1 (46) "Major source threshold" means PTE (a) For HAPs. 1. Ten (10) 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 Forozone nonattalnment areas a 100 tons per year or more of volat~le organlc compounds or nltrogenoxldes ~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 rulemakingfor a uollutant that issubiect 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 conditionor 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 portlonof a county deslgnated marglnal nonattalnmentfor the [e~&%pew] nat~onal amb~ent air quai- ~ty

standard for ozone [-] (49) "Mtnor source" means a statlonary source that emlts and hasthe potentla1to 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 inthe methodof operation of, an affectedfacilitv 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 previouslvemitted: and [b) Is notsolely: I.Maintenance. repair, and replacementthat 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 onthat facilitv; 3. An increase inthe hours of o~eration; 4. Use of an alternativefuel 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 desiqnedto 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 amendedpriortothe chanqe;

7. The relocation or change in ownership of a source.



# -

-1 (52) "Modification underTitle Iof the Act" means a change at a facility that constitutes[-] a modification under 42 U.S.C. 7470 to 7492 or42 U.S.C. 7501to 7515. (53) "Opacity" means the dearee to which emissions reduce the transmission of liqht and obscure the view of an obiect inthe background. [-1[- thedegfee lo W~K~~R~ESXKIG 

### ~awmkbion of lightarxl



### . . 

## -1 (54) "Owner or operator" meansa personwho 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).[~

9-9 

## -1 (56) "Potential to emit" or "PTE" means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design inwhichlwkm]: (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 practicalmatteq and (b) 

## P .. ] Use of this term for other purposes of the Act or 

## for the term "capacity factor" as used inthe 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 existlngaffected facii~ty to the extentthat: (a) The fixed capital cost of the new components exceeds 

### fifty 

### (50)aercent of the fixed cadtal cost that would be requiredto con- &kt a comparable entirel; new affected facility; and ' (b) It is technologically and economicallyfeasible to meet the applicable requirementsin401 

### 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 organiccompounds; (c) A pollutantfor which a nationalambient air quality standard has been promulgated pursuant to 42 U.S.C. 7409 (Section 109 of the Act); (d) A Class Ior 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 pursuantto 42 U.S.C. 7412. (61) "Renewal" means the process by which a permit is ~issued at the end of its permitterm. (621"Res~onsible official" means: ja) 'for a'corporation: a president. secretary. treasurer, or vice-presldent of the corporation incharqe 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 administrative requlation, the principal executive officer 

# 0 re~~~nsibilit~ for he overall operation of a ~rincipalaeoqraphic unit ofthe aaencv lea.a reaional administrator ofthe 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" meansthe 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 necessaryto complywith 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 beenapproved bythe U.S. EPA. (69) "State-origin permit" means a permit that is issued pursuant to 401 KAR 52:040and 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 installationthat emits or may emit a regulated air pollutant or an air pollutant subiect to requlation brsuant to 40 C.F.R. 70.2. (72) "Subiectto 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 "TitleV 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" meanston 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 presenceof impuritiesor lossof originalproperties. HENRY C. A. LIST, Deputy Secretary For LEONARD K. PETERS, Secretary APPROVED BYAGENCY: October 14,2010 FILEDWITH LRC: October 15,2010 at 11a.m. CONTACT PERSON: Laura Lund, Environmental Technologist 

### II. DivisionforAir 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 IMPACTANALYSIS AND TIERINGSTATEMENT (1) Provide a brief summary of: (a) What this administrative regulation does: This administrative regulation defines theterms used in401 KA~Chapter 52. (b) The necessity of this administrative regulation: This administrative regulation provides clear and consistent definitions for terms used in401 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 inthe effective administrationof the statutes: This administrative regulation assists the public and the regulated community by providing dear and consistent definitions for terms used in401 KAR Chapter 52. (2) Ifthis is an amendment to an existing administrative regulation, providea brief summaryof: (a) How the amendmentwill 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 underthe CleanAir Act; "Major source", which includes air pollutants subject to regulation:and the inclusion of a definition for "subjectto 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 trivialactivities 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, asthetrigger 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 permitsfor 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 includeloss 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] intendto undertake a separate action to call for revisions to these programs. We [EPA] also intendto move quicklyto 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 regulatedsolely 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 affectingKentucky's PSD and TieV permittingprograms. (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) Listthe type and number of individuals, businesses,organizations, or state and localgovernments affected bythis administrative regulation: The amendments to this administrative regulation affects any facility with the capacity to emit greenhousegases 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 butdoes not affect smaller emittersof 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 regulationamendment to affect30 

## -40 permitting actions per year in Kentucky. If these amendments are not made, Kentucky's permitting authority for these sources will becomevoid. (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 regulationof greenhouse gas emissions. For those sources emitting at or above the major source threshold for greenhouse gas emissions, new permits will haveto 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. Forthose 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 permitapplication. EPA has estimated that a TieV 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 incompliance with stateandfederal regulations. 

### (5) Provide an estimate of how much itwill cost the administrative bodyto implementthis administrativeregulation: (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 madeto sources as a resultof this regulation. (b) On a continuing basis: The cabinet must maintainthe additional staff in order to handle the increase in permit issuance. EPA has estimated that a TieV permit applicationfor greenhouse gas sources would cost a permitting authority, on average, between $9,844 and $19.688 to process eachsource permit. (6) What isthe source of the fundingto be used for the implementation and enforcement of this administrative regulation: Any additionalexpense 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, andVOC emissions. (7) Prwide an assessment of whether an increase in fees or funding will be necessaryto 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 implementationof this administrati~eregulation, as stated above in paragraph6. (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 inthe federal PSDlNSR and Title V programs make it necessary to revise the regulation in order to maintainfederal 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 inthe state definitions. 4. Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements. thanthose requiredbythe 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 schooldistricts)?Yes 2. What units, parts or divisions of state or local government :' (including cities, counties, fire departments, or schooldistricts) will be impacted by this administrative regulation? This administrative regulationimpacts 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 permittingprograms would 

### be requiredto obtain a permit from the Divisionfor 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 localgovernmentagency (including cities, counties, fire departments, or school districts) for the first full yearthe administrative regulation is to be ineffect. (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 regulationdoes notgenerate revenue, but TitleV fees may be impactedbythe implementation ofthis 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 impactedby the implementation ofthis regulation. (c) How much will it cost to administerthis 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 necessaryto operate this program. (d) How much 

### will it cost to administerthis 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 HEALTHAND FAMILYSERVICES Departmentfor Public Health DivisionofAdult andChild Health Improvement (Amended After Comments)
902 KAR 30:001. 

## [p Definitions. 

## 1

RELATESTO: 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 Cabmetfor 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 pertainingto First Steps,;r(entucky's Early Intervention Program. Section 1. Definitions. (1) "Assessment" means the onqoinq procedures used bv aporouriate auaiifiedpersonnel 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 cauacitvto meetthe develo~mental needs of their infantor 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 assistivetechnoloovdevice. @)"Child find

### hliwawl as defined bvlinl KRS 200.654131.1i



# . ,-..



## -1 (5) "Directsupervision" means the continuous, on-site observation and guidance as activities are implementedwith children and families&] (6) "Disciplines"means those professionals recognized by First Stepsto practiceineady interventionservices,&] (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] KRS200.65417).



# . .- 

# a+ w] "Early interventionteam" means two (2) or more disciplines providingservices to a childand family which employ any one (I)of the team models that includea multidisciplinaryteam, LIO) "Established risk" means a diaanosed Dh~i~al or mental condition that has a hiah Drobabilitvof 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 Practicesthat are driven bv the families uriorities and concerns: subuort the familv's role as[%



### . . 

## -1 the constant in a child's life; cornolement afamilv's naturalactivitvsettings 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 interventionsystem and is defined byl-] KRS200.654, 14) "Homeless child is defined bv Pub.L. 107-110 Section 725(2)and (6) of the McKinnev-Vento HomelessAssistance 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 inconformitywith exact specifications set forth bythe commit@e;[+] (17) "Indirect supervision" means the regular, periodic, on-site observation and guidance as activities are implemented with childrenand 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 normallvoarticioate.14

-- , -< (23jv~arent"'r;1eans: (a) A natural. adoutive, or foster parent of a child (unless a foster parent is prohlbltedbystate 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 individualwho is leclallv resaonsible for the child'swelfare; 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 sectionsto be a surroaate parent. (24) "Period of eligibility" means the time from referralto First ~te~so termination ofservices due to: (a) Failureto meet initialprogram eligibility requirements; (b)Attainment of age three (3); (c) Documented refusal of service by parent or legal guardian inclusiveof disaopearance: (d) Change

# bi residenceto another[+ state, 195\1 Wl 

## 01 "Point of entry" or "POE" 

# u-1 definedmffl] KRS 200.654(12) and is also calledthe local leadaaency; 

# 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 FirstSteps, J28) "Primaw service orovidef means one (1) arofessional who is a memberof the IFSPteam selected as the team leadwho provides reqularsupport to the familv. 

## @&

## Lund, 

# Laura (EEC)
From: Lund, Laura (EEC) 

## Sent: Tuesday, November09,2010 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 inthis 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". Hewantedto make sure that this wasjust a typo and would not affectany of the regulationsgoing before their subcommittee meeting

# -can you please confirm this? Thank you. Also, we will befollowing upwith another e-mail concerning small typos found inthe actual DAQ regulations. Thanks again, Laura
Laura Lund, EnvironmentalTechnologist II 

## Kentucky Divisionfor 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, November09,2010 2:31 PM 

## To: Compiler, Regs (LRC) Cc: 

## Eubank, James (EEC); Gowins, Lora (EEC); 

## Smith, Andrea (EEC) Subject: 

## NovemberARK DAQ corrections Attachments: 

## NovemberARK Corrections.doc



# Hi Emily, 

# A few errors were found in this month's

# ARK in one of the Divisionfor 

# Air Quality's regulations. 1 have attached a list of correctionswe would like made. Thank you, Laura Lund Laura Lund, EnvironmentalTechnologist 

## I1 Kentucky Division for Air Quality Program Planning & 

## Administration Branch Regulation Development Section Phone: 

## (502) 564-3999, ext. 

## 4428 E-mail: Laura.Lunddky.nov

# November2010

# ARK Correctionsto beMade

401 KAR 51:OOl. 

# Definitions

# for401

# KAR Chapter51.
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".
Sectionl(136) After "(136)", delete "(a)".
Section 1(190)(a)2. After "the use of 

# ', insert 

# "W. Delete "the".
Section l(21O)(a) After "or a duly", deletethehyphen.
Section l(21 8)(b) 

# After "anyemissionsrate", insert a semicolon.

# Deletethe colon. Section 1

# (227)(a) 

# After "of

# Hg)", insert "&' 

# Deletethe period. Section 1(227)(b) 

# After "ofHg)", 

# inserta

# period. Delete ";

# or".

# ADMINISTRATIVE REGULATION REVIEW 

# SUBCOMMITTEE AGENDA, November 9,2010, at 1:00 p.m., Room 149,CapitolAnnex

PERSONNEL CABINET

Oficeofthe Secretary Personnel Cabinet, Classified 

## 101KAR 

## 2:210 &

## E. 2011Plan 

## Year Handbook forthe Public Employee Health Insurance Program. ("EN expires 

## 3/14/20 11)
FINANCE

## AND ADMINISTRATION CABINET Office ofthe Secretary Purchasing 

## 200 KAR 

## 5:410. Preferences for purchases ofcommodities or service.
GENERAL

# GOVERNMENT CABINET LicensingBoard for Specialistsin Hearinghtruments Board 

## 201 

## KAR7:075. Continuing education requirements. Board of Speech-LanguagePathology and Audiology Board 

## 201

## KAR l7:O3O. License fees and renewal requirements. Board ofNursing Board 

## 201 KAR 

## 20:056. Advanced practice registered nurse licensure, program requirements, recognition of a national certifying organization. (AmendedAfter Comments) 

## 201KAR 

## 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 ofnursing. (Amended After Comments) Board ofPhysical Therapy Board 

## 201

## KAR 22:070. Requirementsfor foreign-educated physical therapists. (Not Amended After Comments) Board ofLicensure for OccupationalTherapy Board 

## 201 KAR28:OlO.Definitions and abbreviations. 

## 201 KAR 

## 28: 130.Supervision of occupational therapy assistants, occupational therapy students, andtemporary permit holders. Board ofLicensedProfessiodalCounselors Board 

## 201

## KAR 36:060. Qualifying experience under supervision. (Deferred from October) TOURISM,ARTS AND 

## HERITAGE CABINET Department ofFish and WildlifeResources Game 

## 301

## KAR2:225 &

## E. Dove, wood duck, teal, and othermigratory gamebird hunting. ("EN expires 

## 2/14/2011)
ENERGY

## AND ENVIRONMENT CABINET Department forEnvironmental Protection Division ofWater PublicWater Supply 

## 401 KAR 

## 8: 100.Design, construction, and approval of facilities. (Amended After Comments) (Deferred from October) Division for Air Quality

## Attainment and Maintenance oftheNational AmbientAir Quality Standards 

## 401

## KAR 51:001. Definitionsfor401

## KAR Chapter 51. (Amended After Comments) Permits, Registrations, and Prohibitory Rules 

## 401 

## KAR 52:001.Definitionsfor401 

## KAR Chapter 52. (AmendedAfter Comments)
JUSTICE 

## AND PUBLIC SAFETY CABINET Department of Corrections Offke ofthe Secretary 

## 501 KAR 

## 6:020. Corrections policies and procedures. 501 KAR 

## 6:090. FrankfortCareerDevelopmentCenter. Department ofKentucky StatePolice Sex OffenderRegistration System 

## 502 KAR 

## 31:020. Sexoffenderregistration system.
TRANSPORTATION CABINET Department ofVehicleRegulation Division ofMotor Vehicle Licensing Motor VehicleTax 601

## KAR 9:205. Titlingofall-terrain vehicles.
EDUCATIONAND WORKFORCEDEVELOPMENT CABINET Kentucky Board ofEducation Department ofEducation SchoolAdministration and Finance 

## 702 

## KAR 3:246, Schoolcouncil allocationformula:KETS DistrictAdministrative SystemChart ofAccounts. (DeferredfromJune) Pupil Transportation 

## 702 

## KAR 5:110.Vocational pupils, reimbursement for. (Deferred fromAugust) Department ofWorkforceInvestment

Office ofVocational Rehabilitation Administration 

## 78 1KAR 

## 1:040.Rehabilitationtechnology services. (AmendedAfter Comments)(Deferredfrom October) Office ofEmployment and Training Unemployment Insurance 

## 787 KAR 

## 1:320.Priorityofdeductionsfrombenefits.
LABOR CABINET Department ofWorkplace Standards Division of Occupational Safety and Health Compliance Division ofOccupationalSafetyand Health Education andTraining OccupationaISafety and Health 

## 803KAR2:3 18. Electrical. 803

## KAR 2:400. Adoption of29 C.F.R. 1926.1, 1926.4,and 1926.6. 803KAR 

## 2:402. General safetyandhealth provisions. 803

## KAR 2:411. Scaffolds. 803KAR 

## 2:412. Fall protection. 803

## KAR 2:4 13. SubpartN-helicopters,hoists, elevators, and conveyors. 803

## KAR 2:414. Motorvehicles, mechanicalequipment, and marine operations. 803KAR 

## 2:417. Steel erection. 803 

## KAR 2:418. Underground construction, caissons,cofferdams, and compressed air. 803 KAR 

## 2:419. Adoption of29 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 of29 C.F.R. Part 1926.1050-1060.

## 803 

## KAR 2:430. Appendix

## A to 29C.F.R. 

## Part 1926. 803

## KAR 2:505. Cranes and demcks in construction. 803

## KAR2:550. Cranes and derricks used in demolition and underground construction.
ENERGY

## AND ENVIRONMENT CABINET Department ofNatural Resources OfficeofMine Safetyand Licensing Mining SafetyStandards 

## 805 KAR 3: 

## 100.Equipment use and operations.
PUBLIC PROTECTION CABINET Department ofInsurance Health and Life Division Life Insurance and Annuity Contracts 

## 806

## KAR 15:090.Notice of rights as 

## an owner ofa life insurance policy. (NotAmended After Comments) Division ofKentuckyAccess Liability Self-insuranceGroups 

## 806 KAR 46:011. Repeal of 806 

## KAR 46:OlO. 806 

## KAR 46040.Forms for application and financial statements.
CABIhTTFOR 

## HEALTHAND FAMILY SERVICES Office ofHealth Policy Data Reporting and Public Use Data Sets 

## 900 KAR 

## 7:030.Datareportingby health careproviders. Department for Public Health Division ofEpidemiology and Health Planning CommunicableDiseases 

## 902

## KAR 2:060. Immunization schedulesfor attending day care centers, certified familychild 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. 

## Inpatienthospital service coverage.("EN expires 1/27/2011) (NotAmendedAfter Comments) 907 

## KAR 1:015 & 

## E. 

## Paymentsfor outpatientservices. ("E" expires 1/27/2011) (NotAmended After Comments) 907 KAR 1:019&

## E. Outpatientpharmacy program. ("E" expires 1/27/2011)(AmendedAfter Comments) 907

## KAR 1:479 &

## E. Durablemedical equipment coveredbenefitsand reimbursement.("EN expires 1/27/2011)(NotAmended After Comments) 907 

## KAR 1:677&

## E. Medicaid recipientlock-in program. ("E" expires 1/27/2011)(Amended After Comments) 907 

## KAR 1:825 &

## E.Diagnosis-relatedgroup (DRG)inpatient hospitalreimbursement.

## ("E" expires 1/27/2011) (NotAmended MerComments) Payment and Services 

## 907KAR 

## 3:090 &

## E. Acquiredbrain injurywaiver services. 

## ("En expires 1/27/2011)(Amended After Comments) 907 

## KAR 3:100 &

## E. Reimbursement for acquiredbrain injurywaiver services. ("Enexpires 12/28/2010) (Deferredfiom September)

# REMOVED FROM

# NOVEMBER2010AGENDA
FINANCE

## AND ADMINISTRATION CABINET Department ofRevenue OffliceofSales andExcise Taxes Forms 103

## KAR 3:050. Miscellaneoustaxes formsmanual. (Not AmendedAfter Comments) (Deferred fromNOvember)
GENERALGOVERNMENT CABINET Board ofDentistry Board 201 KAR 8:007E.Repeal of201

## 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 sedationby dentists. ("EM expires 111112011) (Deferredfrom September) 201 

## KAR 8:500 & 

## E. Board organization. 

# ("EM expires 111112011) (Deferredfrom September) 201

## KAR 8:s 10& 

## E. Advisory opinions. ("Enexpires 11111201

## 1) (Deferred from September) 201

## KAR 8:520 &

## E. Fees and fines. ("E" 

## expires2/10/2011) (NotAmended After Comments) (Deferred fromNovember) 201 

## KAR 8:530 & 

## E. Licensure of dentists.("E" expires 2/10/2011) (NotAmended After Comments) (Deferred from November) 201 

## KAR 8:540 &

## E. 

## Dental practices. ("E" expires 111112011) (Deferred from September) 201 

## KAR 8:560 & 

## E. Licensureof dentalhygienists. 

## ("Enexpires 2/10/2011) (NotAmendedAfter Comments) (Deferred from November) Board ofLicensed Professional Counselors Board 201 KAR 

## 36:070. Education requirements. (Deferredfrom October) Board ofLicensure forPrivate Investigators Board 201

## KAR41: 100. Verification of240-hour employees. (Deferred fromNovember) DEPARTMENT OF AGRICULTURE Office ofState Veterinarian Division ofAnimal Health LivestockSanitation 302

## KAR 20:065. Sale andexhibition ofKentuckyoriginanimals in Kentucky. (Deferredfrom November) 302 

## KAR 20:066. Chronic wasting disease surveillancein farmed cervids. (Deferred fromNovember) TRANSPORTATION CABINET Department ofVehicle Regulation Division ofMotor Carriers Division 601

## KAR 1:018 &

## E. Specialoverweightor overdimensional permits. 

## ("Eexpires 2/8/2011) (Deferred from October)
EDUCATION

## ANDWORKFORCE DEVELOPMENTCABINET KentuckyBoard ofEducation DepartmentofEducation Office ofInstruction 704 

## KAR 3:305.Minimumrequirements forhigh school graduation. (Deferred from August)

## PUBLICPROTECTION CABINET Kentucky HorseRacing Commission ThoroughbredRacing 810 

## KAR 1:001.Definitions. (Not Amended After Comments)(Deferredfrom November) 810KAR 

## 1:009 & 

## E. Jockeys and apprentices.

## ("E expires 1/14/2011) (NotAmended After Comments) (Deferred from October) 810KAR 

## 1:011.Pari-mutuel wagering. (Not Amended After Comments) (DeferredfromNovember) 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. (NotAmended After Comments) (DeferredfromNovember) 810 

## KAR 1:130.Postrace sampling and testing procedures. (Deferred from November) Harness Racing 811

## KAR 1:005. Definitions. (NotAmended After Comments) (Deferred from November) 811KAR 

## 1:

## 125.Pari-mutuel wagering. (NotAmended After Comments) (Deferred from November) 811KAR 

## 1:220. Harness racing at county fairs. (Deferred from November) 

## 811

## KAR 1:250.Exotic wagering. (Not Amended After Comments) (DeferredfromNovember) 811KAR 1:260. Postrace sampling andtesting procedures. (DeferredfromNovember) QuarterHorse, Appaloosa andArabianRacing 8 11

## KAR 

## 2:010. Definitions. (NotAmended After Comments) (Deferred from November) 811

## KAR 2:060. Pari-mutuel wagering. (Not Amended After Comments) (Deferred from November) 811

## KAR 2: 160. Exotic wagering. (Not Amended After Comments) (DeferredfromNovember) 811KAR 

## 2: 170.Postrace sampling andtesting procedures. (Deferred fromNovember) Division ofPlumbing Plumbing 815KAR 

## 20:100.Joints and connections. (Deferred from August)
CABINETFORHEALTH

## AND FAMILY SERVICES Department forPublic Health Division ofAdult and Child Health Improvement Kentucky EarlyIntervention System 902 

## KAR 30:001 &

## E. Definitions. ("E" expires2/10/2011) (Amended After Cornments)(Deferred fromNovember) 902 

## KAR 30:110&

## E. Point ofentry and service coordination.("E" expires2/10/2011)(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 expires2/10/2011) (Amended After Comments) (Deferred fromNovember) 902 KAR 

## 30:141.Repeal of 902 

## KAR 30:140and 30:170. (Deferred from September) (Deferred from NOvember) 902 

## KAR 30:150&

## E. Personnel qualification. 

## ("Eexpires2/10/2011) (Amended After Comments) (Deferred from November) 902

## KAR 30:160 &

## E. Covered services. 

# ("EM expires2/10/2011) (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 andpayment for services. 

# ("EN expires 2./10/2011) (Amended After Comments) (Deferred from November)

# PROPOSED 

# REGULATIONS

### Steven 

### L. Beshear Governor 

## ENERGY

# AND ENVIRONMENTCABINET 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

DearMs. 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 51:001. Definitionsfor 401 KAR Chapter 51. 401 

# KAR 52:001. Definitions for401 KAR Chapter52. 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 questionsregardingthis submittal or the publichearing. Sincerely, 

# a&

eonard

# K. Peters, Secretary
LKPAI Enclosures

An 

### EqualOpportunity Employer MIFID

# ENERGYAND ENVIRONMENT CABINET Departmentfor Environmental Protection Division for Air Quality (Amendment) 401 KAR 51:001. Definitionsfor 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 AppendicesA, B,

# 61,61Appendix 

# 6, 63 Appendices AD, 70.2, 75,82, 96,42 U.S.C. 7401-767161 [, 

# EC! 24€%53$] 

# STATUTORYAUTHORITY: KRS 224.10-1OO(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 regulationdefines 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 SO2or NOx imposed 

# bv the Acid Rain Proaram under 42 

# U.S.C. 7651 to 76510. 

# (2)"Actual emissions" is defined bv

# 40 C.F.R. 51.166(bM21).

# (3)"Actuals PAL" or "PAL" isdefined by 40 C.F.R. 51.166(w)12)(i). (4) "Adverse impact on visibilitv" is defined bv40 C.F.R. 51.301. (5) "Affectedfacility" 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) "Aircontaminant" is defined bv 

# KRS224.01-010(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. (11) "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 installationor 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 boththe 

# U.S. EPA and the cabinet. (15) "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 levelfor a particular air contaminant and the time averaqina intervalover which that concentration level is measured and is a aoalto be achieved ina statedtime throuqh the application of appropriate preventiveor control measures. (17) "ANSI" meansAmerican NationalStandards Institute. (18) "AOAC meansAssociation of OfficialAnalvtical Chemists. (1

9) 

# "ASTM" meansAmerican Societvfor Testinn and Materials. (20) "Baselineactual emissions" is defined bv40 C.F.R. 51.166(b)(47). (21

# 1 "Baseline area" is defined bv40 C.F.R. 

# 51.l66(bHl5). (22) "Baseline concentration" isdefined 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 biochemicaloxidant demand.


# 5 (27) "Boiler" is defined by40 C.F.R. 96.2. 6 (28) "BTU" 

# means British thermal unit.
7 (29) "Buildinq. structure, facility, or installation" is defined bv40 C.F.R. 51.166(b)(6).


# 8 130) "C" means deqree Celsius (centiqrade). 9 131 "Cabinet" is defined bv KRS 224.01-01O(91. 10 132) "Cal" means calorie.
11 (331"Caoitalexpenditure" is defined bv40 C.F.R. 60.2. 12 (341 "dm" means cubicfeet per minute. 13 (351 "CHY means methane.
14 (36) "Clean coaltechnoloav" is defined by40 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 millinqand qrinding. 19 (391"CO" means carbon monoxide. 20 (40) "COT means carbon dioxide.
2 1 (41) "COD means chemical oxidant demand.
22 (42)"Combjnedcvcle svstem" is defined bv40 C.F.R. 96.2. 23 (43) "Combustion turbine" isdefined bv40 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 affectedfacilitv; or (b) 

# Isdefined bv 40 C.F.R. 51.166(b)(9) for the 

# PSD or NSR prouram. (45) "Commence commercialo~eration" is defined bv 40 C.F.R. 96.2. (46) "Commence operation" is defined by40 C.F.R. 96.2. (47) "Complete" is defined bv40 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 leadinato compliancewith a limitation

or standard. (491 "Compliance supplement pool" means the quantitv of NOx allowances ~rovided
to Kentucky bvthe U.S. EPAto be: la)Allocated to NOx budqet unitsthat 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 Isdefinedfor use inthe 

# PSD or NSR proqrambv 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 underthe 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 bv40 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 moreof 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 subiectto the standards; (b) 

# A time period adequateto demonstrate compliancewith 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 boththe 

# 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 photochemicalreactions. 

# (69) "Existing source" means a source that is not a newsource.

## (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 standardfor ozone. (711"OF" means deqree Fahrenheit. (72) "Federal land manaqer" isdefined bv40 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"meansthe 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) "Fossilfuel" 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 derivedfromthese materialsfor 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 equivalentopening; .(b) Isdefined 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 fundis defined bv 

# KRS48.010(15)(a).

## (841"Generator" isdefined bv40 

# C.F.R. 96.2. (85) "gr" means grain. (861 "HCI" 

## means hvdrochloricacid. 

# (87) "Heat input" is defined bv 40 

# C.F.R. 96.2. For purposes of this definition,
"administrator"meansthe cabinet. (881 

# "HF" means hydrogenfluoride. (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 carbonand 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 underthe 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) "H2SUmeans hvdroaensulfide.


# SOe means sulfuric acid. (971"in" means inch.

# (98) "Incineration" meansthe process of iqnitinq and burnina solid, semisolid, liauid,

or gaseous combustible wastes. (99) "Industrial boiler or turbine" means 

# a fossil fuel-fired boiler, combustionturbine,



# or a combined cycle system havinq a maximum design heat input of 250 

# MMBTU per houror more that is not an electricqeneratina unit. (100) "Innovative controltechnoloqv" isdefined 

# bv 40 

# C.F.R. 51.166/bM19). (101) "Intermittent emissions" means emissions of particulate matter into the open air from a processthat operatesfor less than any six (6) 

# consecutive minutes. (102) 

# "J" means ioule. (103) "Ka" means kiloaram. (1 04) "I" 

# means liter. (1051"lbmeans pound.

enforce

# a certain restriction. (1071 "Lona drv kiln" means a kiln that employs no preheatinqof the feed and has a drv inletfeed. (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 otherthan highterrain. (110) "Lowest achievable emissions rate" or 

# "LAER is defined by 40 

# C.F.R. 51.165(aMl)(xiii). 

# (I

11) "m" means meter. 

# (112) "m3"means cubic meter.

# (113) "Maior emissions unit" is defined bv 40 C.F.R. 5l.l66(w)(2Niv). (114) "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. (116) "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 bv40 C.F.R. 51.166(b)(14Mi) and 

# (iii). (118) "Maiorstationary 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 importantvalue. (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" isdefined bv 40 C.F.R. 96.2. (124) "Maximum ~otential NOx 

# emission rate" isdefined bv40 C.F.R. 96.2. 

# 1 (125) "Maximum rated hourlv heat input" is defined bv 40 C.F.R. 96.2.

## (126) "ua" means microgram. 

# (127) "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 emissionsthrouah: (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) "MMmeans million. (134) "mo" means month. (135) "Moderate nonattainment county" or "moderate nonattainment area" means a countv or portion of a countv desianated moderate nonattainment for the national ambient air aualitv standardfor ozone. (136Na) "Modification" is defined bv 40 C.F.R 60.2. (b) Exceptions to the definitionof "modification" are listed in40 C.F.R 60.14(e). For
purposesof this definition, "administrator"meansthe 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 monitorinqsvstem 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 by40 C.F.R. 96.2. (142) "Natural conditions" means those naturallv occurrina phenomena that reduce visibilitvas 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 paraqraphexceeds zero: 1. An increase in emissionsfrom a warticular phvsical chanqe or chanae in method of oweration at a stationary source as calculated pursuant to 401 

## KAR 51:017. Section I(4hor 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. Baselineactual emissionsfor calculatinq increases and decreases underthis paraqraphare determined as defined inthis section. (bl An increase or decrease in actual emissions is contemporaneous with the increase from the particularchanqe 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 increasefrom the chanqe occurs. (clAn increase or decrease in actualemissions 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 pursuantto 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 particularchanqe occurs. (d) An increaseor 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 

# PMIOemissions

are used to evaluatethe net emissions increase for PMlk 

# (e) An increase in actual emissions is creditableonly to the extent that the new level of actual emissions exceeds the old level. 

# (flA decrease in actual emissions is creditable onlvto the extent that:



# 1. The old :level of actual emissions or the old level of allowable emissions, whichever is lower, exceedsthe new level of actualemissions;
2. The decrease is enforceable as a practical matter at and afterthe time that actual constructionon the particularchanae beqins; and

## 3. 

# The decrease has approximately the same qualitative siqnificance for public healthandwelfare as that attributedtothe increasefrom 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 beainsto emit a particular pollutant. A 

# replacement unitthat requires shakedown becomes o~erational onlv after a reasonable shakedown period. notto exceed I80davs. Ih)The term, actualemissions, as defined in subsection (2) 

# of this section does not apply indetermining creditable increasesand 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 bvtest 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 meansthe US.EPA.


# 20 (151) "NOx" means nitroqenoxides.
2

# 1 (152) "NOx allowance" is defined bv40 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 meansthe U.S. 

# EPA.

15

## (154) "NOx

## authorized account representative" isdefined 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 availablefor compliance deductionfor the unitand for

a control period under 401 KAR 51:160 adiusted bv deductions of sufficient NOx 

## allowancesto account for: (a) Actual utilization under 40 C.F.R. 96.42(e) for the control period; (b) Excess NOx 

## emissionsfor a prior control period under40 C.F.R. 96.54(d); (c) 

## Withdrawalfrom 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 

## budaetsource" is defined by40 C.F.R. 96.2. (158) "NOx 

## BudaetTrading 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 Proaramemissions limitation under401 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 notdenied orwithdrawn; (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 incomefrom the NOx budqet unit or the unitfor which an applicationfor a NOx budqet opt-in permit under401 

# KAR 51:I95 is submitted and notdenied orwithdrawn: or (d) Foranv neneralaccount, a 

# person who has an ownership interest with respectto 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 inthe six (6) months immediately precedina the submission of an applicationfor an initial NOx budoet permit. (1661 "O~erator" means, for 

# a NOx budqet unit, anv personwho 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 holdingcompanv, 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 BudqetTradina Prosramthrouqh a final NOx budaetopt-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) "ofmeans 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 whichthe ozone depleting potential of CFC-11 is equalto 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" isdefined bv40 C.F.R. 51.166(wM21(vii).

18

# (175) "PAL maior modification" is defined bv40 

# C.F.R. 51.166(~)(21(viii). (176) "PAL permit" is defined bv40 C.F.R. 51.166(~)(2)(ix). (177) "PAL pollutant" isdefined bv40 

# 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 in40 C.F.R. Part 60. (180) "Peak load" meansthe maximum instantaneous operatinq load. (181) "Permittedcapacitvfactor" meansthe annual permittedfuel use divided bvthe manufacturer'sspecified maximumfuel 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 establishedsource-wide in accordancewith 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 in40 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 nominalten (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 KentuckySIP. (1871"Pollution

# reve en ti on" isdefined bv40 

# C.F.R. 51.166(b\(38).

t 

# (188) "Portland cement" means a hydraulic cement produced bv pulverizina clinker consistincl essentiallvof hvdrauliccalciumsilicates. (189) "Portland cement kiln" means a svstem, including solid, aaseous or liauidfuel combustioneauipment, 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 phvsicaland operationaldesiqn, inwhich:
1. A phvsical or operational limitation on the capacitv of a source to emit an air pollutant, includina air pollution controleauipment and restrictions on hours of operation

or on the tv~e or amount of materialcombusted, stored, or wrocessed, is treated as part of its desiqn ifthe 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) Isdefined bv40 C.F.R. 51.166(b)(41for 401 KAR 51:017: or 

# Ic) Isdefined bv40 

# C.F.R. 51 

# .I 65(a)(l)(iii) for 401 

# KAR 51:O52. (191) "ppb means parts per billion. (192) "pamumeans 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 inwhich the feed to the kiln svstem 

# is preheated
in cvclonechambers priorto the final fusion in a kilnthatforms clinker.
9 (197) "Prevention of Sianificant Deterioration Program" or "PSD Proaram" is defined 10 bv 40 C.F.R. 51.166(bM42).
11 (198) "Proiect" is 

## defined bv 40 C.F.R. 51. 166(b)(51).
12 (199) "Proiectedactual 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 persauare 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" meansthe 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 requiredto construct a comparableentirely 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 bv40 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. (210) "Responsible official" isdefined bv40 C.F.R. 70.2. (211) "Run" isdefined bv 40 C.F.R. 60.2.

. 

## (2121"S" means at standard conditions. (21

# 3) "sec" means second. (2141 "Secondarv emissions" is defined bv40 C.F.R. 51.166(bM18). (215) "Serious nonattainment countv" or "serious nonattainment area" means a
countv or portion of a countv designated serious nonattainmentfor the national ambient air uualitv standardfor 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 standardfor ozone. 4 (217) "Shutdown" meansthe cessation of anoperation.


# 5 (218) "Sianificant" isdefined 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"Smallemissions unit" isdefined 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
emissionstothe 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 necessarvto complvwith 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 affectedfacilitv. (2291"State implementation plan" or "SIP means the most recentlv prepared plan

or revision required bv 42 U.S.C. 

# 7410that has been approved bythe 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 TechnicalAssociation 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 isdefined 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" meanstons peryear. (238) "TSS 

# meanstotal suspended solids.

24

## (239) "Uncombined water" means water that can be separatedfrom a comoound bv
ordinarv phvsical means and that is not bound to a compound by internal molecular forces. (240) "Unit" isdefined bv 40 C.F.R. 96.2. (2411 "Urban countv" means a countv that is a part of an urbanized area with a powulationareaterthan 200.000 based uponthe 1980census. 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" meansthe UnitedStates.Environmental ProtectionAgency. (244) "UTM" means Universal Transverse Mercator. (245) "Visibilitv imwairment" is defined bv 40 C.F.R. 51.301. (246) "Volatileorqanic compound" or 

# "VOC is defined bv40 

# 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 duringthe normalworking hours of 8 

# a.m. to 4:30 p.m., localtime: (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
41102, 

# (606) 929-5285; (c) Bowling Green Regional Office, 1508WestenAvenue, Bowling Green, Kentucky

(d) Florence Regional Office, 8020 Veterans Memorial Drive, Suite 110, Florence, Kentucky 41042, (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 NationalTechnical Information Service, 5285 Port Royal Road,


# 5 Springfield,Virginia 22161, phone (703) 487-4650.

## Leonard 

# K. Peters, Secretary Energyand Environment Cabinet Date