PUBLIC NOTICE REQUIREMENTS 

• 

• 
NOTICE OF PUBLIC HEARING 

KENTUCKY DIVISION FOR AIR QUALITY 

TO REVISE KENTUCKY'S STATE IMPLEMENTATION PLAN AND 

AIR QUALITY REGULATIONS 

The Kentucky Energy and Environment Cabinet will conduct a public bearing on July 24, 2012, at 10:00 a.m. 

(Local Time) in Conference Room 201B of the Division for Air Quality, 200 Fair Oaks Lane, Frankfort. 

Kentucky. Tbis hearing will be held to receive comments on the following proposed administrative regulations: 

~01 KAR 51:001. Definitions for 401 KAR Chapter 51. (Amendment) 

401 KAR 51:017. Prevention of significant deterioration of air quality. (Amendment) 

401 KAR 51:052. Review of new sources in or impacting upon nonattainment areas. (Amendment) 

The amendments to these administrative regulations revise definitions to reflect the New Source Review (NSR) 

program at the federal leveL The amendments include the requirements necessary to determine whether a 

construction project's emissions will cause or contribute to a violation of the PM25 NAAQS. This regulatory 

action establishes significant impact levels, significant monitoring cOncentrations, and baseline dates for the PM2.s 

NAAQS. Also, the amendments adopt the significant emissions rates to determine NSR applicability for PM2.5 

and PM2.5 precursors. The definition of "Regulated NSR pollutant" has been amended for consistency with the 

corresponding federal definition. 

This hearing is open to the public and all interested persons will be given the opportunity to present testimony. 

To assure that all comments are accurately recorded, the Division requests that oral comments presented at the 

hearing are also provided in written form, if possible. Written comments must be received by close of business on 

July 31, 2012, to be considered part of the hearing record. The Energy and Environment Cabinet does not 

discriminate on the basis of race, color, national origin, sex, age, religion, or disability and provides, upon request, 

reasonable accommodation including auxiliary aids and services necessary to afford an individual with a 

disability an equal opportunity to participate in all services, programs, and activities. 

The full texts of the proposed regulations are available for public inspection and copying during regular business 

hours (8:00 a.m. to 4:30p.m., Local Time) at the locations listed below. Any indiVidual requiring copies may 

submit a request to the Division for Air Quality in writing, by telephone, by fax, or by eMmail. Requests for copies 

should be directed to the contact person. The proposed :idministrative regulations can be accessed at: 

http://www .lrc.state.ky. usJKAR/TITLE40 1 .htm. 

CONTACT PERSON: Laura Lund, Environmental Technologist III, Regulation Development Section. Division 

for Air Quality, 1st Floor, 200 Fair Oaks Lane, Frankfort, Kentucky 40601. Phone number: (502) 564M3999, ext. 

4428; fax number: (502) 5644666; eMmail: Laura.Lund@ky.gov. 

Louisville Metro APCD Ashland Regional Bowling Green Regional 

850 Barret Ave# 205 1550 Wolohan Dr #1 1508 Westen Ave 

Louisville, KY 40204 Ashland,KY 41102 Bowling Green, KY 42104 

Florence Regional Frankfort Regional Hazard Regional 

8020 Veterans Memorial Dr 200 Fair Oaks Ln. 233 Birch St 

Suite 110 3rt! Floor Suite 2 

Florence, KY 41042 Frankfort, KY 4060 I Hazard, KY 41701 

London Regional Owensboro Regional Paducah Regional 

875 S Main St 3032 Alvey Park Dr W 130 Eagle Nest Dr 

London, KY 40741 Suite 700 Paducah, KY 42003 

Owensboro, KY 42303 

Fayette County Clerk Hardin County Clerk Henderson County Clerk 

162 EMain St Hardin Co Courthouse Henderson Co Courthouse 

Lexington, KY 40507 Elizabethtown, KY 42701 Henderson, KY 42420 
Lund, Laura (EEC) 

From: Lund, Laura (EEC) 

Sent: 

To: 

Tuesday, June 19, 2012 8:12AM 

EEC DEP DAQ All; Quarles, Jackie (EEC); Short, Samuel (EEC); West, John (EEC); Taylor, 

Larry (EEC); Haines, Mike (EEC); Scott, R. Bruce (EEC); Parker, Brooke (EEC) 

Subject: 

Attachments: 

DAQ files proposed amendments 

PHN 2012.pdf; 51-001 Filed.pdf; 51-017 Filed.pdf; 51-052 Filed.pdf 

The Kentucky Division for Air Quality filed the following proposed administrative regulation amendments Viith 

the Legislative Research Commission on June 14,2012. 

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

401 KAR 51:017. Prevention of significant deterioration of air quality. 

401 KAR 51:052. Review of new sources in or impacting upon nonattainment areas. 

These administrative regulations will be published in the July 1, 2012, Administrative Register of 

Kentucky. Please refer to the attached public hearing notice for the time and location of the hearing as well as 

the end of the comment period. 

Thanks, 

Laura Lund 

Laura Lund, Environmental Technologist III 

Kentucky Division for Air Quality 

Program Planning & Administration Branch 

Regulation Development Section 

Phone: (502) 564-3999, ext. 4428 

E-mail: Laura.Lund@ky.~ov 

1 
Steven L Beshear 

Governor 

Dear Concerned Citizen: 

Energy and Environment Cabinet 

Department for Environmental Protection 

Division for Air Quality 

200 Fair Oaks Lane, 1st Floor 

Frankfort, Kentucky 40601-1403 

air.ky.gov 

June 20, 2012 

Leonard K. Peters 

Secretary 

Pursuant to the public notification requirements· of KRS Chapter 13A.270, the- Kentucky 

Division for Air Quality has enclosed a public hearing notice and the following proposed 

administrative regulation amendments: 

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

401 KAR 51:017. Prevention of significant deterioration of air quality. 

401 KAR 51:052. Review of new sources in or impacting upon nonattainment areas. 

The Division filed the proposed administrative regulation amendments with the Legislative 

Research Commission on June 14, 2012. The administrative regulfttions will be published in the 

July 1, 2012, AdministratiVe Register of Kentucky. 

The Division requests that any affected individuals, businesses, and other entities submit 

written comments on the proposed amendments. Copies of the regulations may be obtained from 

the LRC website, shown below; or by contacting the Division for Air Quality. 

http://www.lrc.ky.gov/kar/title401.htm 

Please refer to the attached public hearing notice for information regarding the date, time, and 

location of the public-hearing and written comment submittal. 

Please contact Laura Lund at (502) 564-3999, extension 4428, or Laura.Lund@ky.gov with 

any questions or concerns. 

Enclosures 

KentuckyUnbridledSpirit.com 

Sincerely, 

Laura Lund, Environmental Technologist ill 

Regulation Development Sectipn 

Program Planning and Administration Branch 

An Equal Opportunity Employer M!F/D 
Steven L. Beshear 

Governor 

Dear Concerned Citizen: 

Energy and Environment Cabinet 

Department for Environmental Protection 

Division for Air Quality 

200 Fair Oaks Lane, 1st Floor 

Frankfort, Kentucky 40601-1403 

air.ky.gov 

June 20,2012 

Leonan:l K. Peters 

Secretary 

Pursuant to the public notification requirements of KRS Chapter 13A.270, the Kentucky 

Division for Air Quality has enclosed a public hearing notice and Regulatory Impact .A..D.alyses for 

the following proposed administrative regulation amendments: 

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

401 KAR 51:017. Prevention of significant deterioration of air quality. 

401 KAR 51:052. Review of new sources in or impacting upon nonattainment areas. 

The Division filed the proposed administrative regulation amendments with the Legislative 

Research Commission on June 14, 2012. The administrative regulations will be published in the 

July 1, 2012, Administrative Register of Kentucky. 

The Division requests that any affected individuals, businesses, and other entities submit 

written comments on the proposed amendments. Copies of the regulations may be obtained from 

the LRC website, shown below, or by contacting the Division for Air Quality. 

http://www.lrc.ky.gov/karltitle401.htm 

Please refer to the attached public hearing notice for information regarding the date, time, and 

location of the public hearing and written comment submittal. 

Please contact Laura Lund at (502) 564-3999, extension 4428, or Laura.Lnnd@ky.gov with 

any questions or concerns. 

Enclosures 

KentuckyUnbridledSpirit.com 

Sincerely, 

Laura Lund, Environmental Teclmologist III 

Regulation Development SeCtion 

Program Planning and Administration Branch 

An Equal Opportunity Employer MIF/D 

I 
Lund, Laura (EEC) 

From: 

Sent: 

To: 

Subject: 

Lund, Laura (EEC) 

Tuesday, June 19,2012 2:35PM 

'Alvey, Sharon' 

Attachments: 

Kentucky Division for Air Quality requests the publication of a.public hearing notice 

Henderson ltr.doc; Henderson PHN.doc 

Attached is a letter requesting the publication of a public hearing notice and the notice for which 

we are requesting publication. Billing information is also included in the letter. If you have any 

questions about this publication or billing, please feel 'free to contact me. 

Thank you, 

Laura Lund 

laura Lund, Environmental Technologist III 

Kentucky Division for Air Quality 

Program Planning & Administration Branch 

Regulation Development Section 

Phone: (502) 564-3999, ext. 4428 

E-mail: Laura.Lund@ky.gov 

1 
Steven L. Beshear 

Governor 

Editor 

The Gleaner 

Display Advertising 

P.O. Box 4 

Energy and Environment Cabinet 

Department for Environmental Protection 

Division for Air Quality 

200 Fair Oaks Lane, 1st Floor 

Frankfort, Kentucky 40601·1403 

air.ky.gov 

June 19,2012 

Henderson, Kentucky 42419-0004 

Dear Editor: 

Leonard K. Peters 

Secretary 

Please publish the attached notice as a prominent classified advertisement in the public notice or 

legal ads section of your newspaper as soon as possible. Th~ advertisement should be two 

columns wide with length necessary to accommodate the text. 

Billing and proof of publication should be mailed to the following address immediately after 

publication. 

Michele Koziol 

Administration Section 

Division for Air Quality 

1st Floor 

200 Fair Oaks Lane 

Frankfort, Kentucky 40601 

Payment cannot be made until proof of publication is received, which consists of one (1) full 

page containing the advertisement. Please confirm receipt of this request, which is being 

transmitted via e-maiL Contact me with any questions you may have by phone at (502) 564-3999 

ext. 4428, by e-mail at Laura.Lund@ky.gov, or by fax at (502) 564-4666. Thank you. 

Sincerely, 

.£.awta .&nd 

Regulation Development Section 

Program Planning & Administration Branch 

Attachment 

cc: Michele Koziol 

KentuckyUnbridledSpirit.com 

1\.et!~o Zl. tu~ SPIRrr'Y 

An Equal Opportunity Employer M/F!D 
P.ROOLJC:rli OF C&P "'EO>" 

iiiC01J'iuER&PRESS 

Gleaner THE A:.ov<:x::ATE 

Phone 270-831-8338 

Email salvey@thegleaner.com 

Account Name 

102536 

0.00 1-30 180.00 31-60 

000047 

------------

- - -

Amount Due $180.00 Due Date 6/5/2012 

Billing Period 71112012-716/2012 

0.00 61 - 90 0.00 OVER 90 0.00 

LEGAL-DIVISION FOR AIR QUALITY Bill To LEGAL-DIVISION FOR AIR QUAL!TY 

2DO FAIR OAKS LANE 1ST FLR 

ADMINISTRATION SEC 

FRANKFORT KY 40601 

Questions: 513-977-5115 

bil!ings@scripps.com 

'lease detach and submit with your payment 

Line 

PUBLIC HEARING 

us 

Trans Type Section 

Location 

ANY 

.,_ 

c 

Ad Size 

Qty 

2X6 

JUl 1 8 2012 

------~--

Net Amount 

3ill To: LEGAL-DIVISION FOR AIR QUALITY 200 FAIR OAKS LANE 1ST FLR ADMINISTRATION SEC Account Number: 102536 

CURRENT 31 -eo 61 -90 OVER 90 

0.00 160.00 0.00 0.00 0.00 

::han_ge of Address? Email: billings@scripps.com 

Remit 

To: 

Scripps - Evansville 

PO Box 630871 

Cincinnati, OH 45263-0871 

PREVIOUS CURRENT ADJUSTMENTS FINANCE PAYMENTS AMOUNT 

'"' 

160.00 

AMOUNT 

'"' BALANCE CHARGES CHARGES 

180.00 0.00 0.00 0.00 0.00 

Friendly Reminder. No doubt you have overlooked payment of the amount due. Your 

payment will be greatly appreciated. 

Please send payments only to remittance address. All other 

correspondence to Customer Service at Billings@Scripps.com or 

513-977-5115. We do not refund credit balances of $5 or less. 

050000102536070612000018000000000000000000180000000000000000000000000000000005 
fo -(·si2.)4£i-43ooj 

' JUNK CARS/TRUCKS 

A used cars & more ~.i!k, call (270)993-8894 ;e (855)375-5336 

/CASH PAID* 

tied, Junk or Non-running 

:.' & trucks. Antiques to new . i:ars. Top Dollar. We Tow. 

,ro-827-4370 or 812-598-0363 

;HEAP MOVING & HAULING 

I Buy Cars w/o Titles 

(812)598·6300 

PAYING CASH 

FOR 

JUNK CARS & TRUCKS 

Any size - 7 days a week 

270·316-0717 

JGHTERS 

HARITY 

y Ministries 

Louise 

ony Rd. 

47720 

ces Director 

963-7659 or ·d@doc.org 

applicants for 

B-LEEKE DILLON CRANDALL, P.C. 

8470 Allison Pointe Blvd., Suite 420 

Indianapolis, Indiana 46250 

317/56H222 

NOTICE OF PUBLIC HEARING 

KENTUCKY DIVISION FOR AIR QUALITY 

TO REVISE KENTUCKY'S STATE IMPLEMEMTATION PLAN AND 

AIR QUALITY REGULATIONS . 

The Kentucky Energy and Environment Cabinet will conduct a public heanng on July 24, 2012, at 10:00 a-.m. (local .Time) in 

Conference Room 2018 of the Division for Air Quality, 200 Fair 

Oaks Lane, Frankfort Kentucky. This hearing will be held to 

receive comments on the following proposed administrative 

regulations: 

401 KAR 51:001. Definitions for 401 KAR-Chapter 51. (Amendment) 

401 KAR 51:017. Prevention of significant deterioration of air qual· ity, (Amendment) . 

401 KAR 51:052. Review of new sources In or Impacting upon ROnattainment areas. (Amendment) 

The amendments to these administrative regulations revise definitions to reflect :the New· source Review (NSR) program at the 

federal level. T_he amendments include the requirements neces- sary_ to determine whether a construction project's emissions 

will cause or contribute to a violation of the PM2.5 NAAQS. This 

regulatory action establishes significant iinpact levels, signifi-. 

cant mol'lltoring.concentrations, and baseline dates for the PM2.5 

NAAQS. Also, the amendments adopt the significant emissions 

rates to determine NSR applicability for PM2.5 and PM2.5 pre- cursors. The definition of "Regulated NSR pollutant" has been 

amended for consistency with the correspOnding federal definition. 

This hearing is open to the public· and all interested persons will 

be given the opportunity to present testimony. To assure that 

all comments are accurately recorded, the Division requests 

that oral· comments presented at the hearing are also pro1lided in written form, if possible. Written comments must be received 

by close of busmess on July 31, 2012, to be considered part-of the 

hearing record. The Energy· and Environment Cabinet does not 

discriminate on the basis of race, color, national origin, sex, age, 

religion, or disability and provides, upon request, reasonable 

accommodation includiri!j -auxiliary aids and services necessary 

to afford an individual w1th a disability an equal opportunity to 

participate in all services, programs, and actlvitie~. . -

The full texts of the proposed· regulatio'ns are avail'able for publiC 

inspection and copying during regular business ho'urs (8:00a.m. 

to 4:30p.m., Local Time) at the location listed below. Any individual reqf.liring copies may submit a request to the Division for Air 

Quality in writing, by telephone, by fax, or i:ly e-m·ail. "Requests for 

copies should be directed to the contact perso·n. The proposed 

administrative regulations can be accessed at: http://www.lrc. state.ky.us/KAR/TITLE401.htm. '• -

CONTACT PERSON: Laura Luild, Environmental Technolo9ist Ill, 

Regulation Development section, Division for Air Quality, 1st 

Floor, 200.Fair Oaks Lane, Frankfort, Kentucky 40601. Phone num- ber: (502) 564-3999, ext. 4428; fax number: (502) 564·4666; e-mail: 

Laura.Lund@ky.gov. 

Henderson County Clerk, Henderson CoulttY. Courl:h_ouse, 

Henderson, KY 42420 

---~·--•• I,.,,....,....,.,....,....,...,.,.,,.,.,...,,.,.,,....,,....,_,...... 

Amount Due $160.00 Due Date 61512012 

Billing Period 711/2012- 7/6/2012 

60 o.oo 61 -go 0.00 OVER go 0.00 

1ST FLR 

Net Amount 

--------:.--:-. -_--------:-:-::-:-:::::-

JUt 1 8 2012 

:~SEC Account Number: 102536 

FINANCE PAYMENTS 

CHARGES 

0.00 0.00 

AMOUNT 

OC6 

180.00 

AMOUNT 

e•o 

: you have overlooked payment of the amount due. Your 

payment will be greatly appreciated. 

se send payments only to remittance address. All oltler 

1dence to Customer Service at Billings@Scripps.com or 

7-5115. We do not refund credit balances of $5 or less. 

IDDDDDDDDDDDDDDDDDDDD5 
Lund, Laura (EEC) 

From: 

Sent: 

To: 

Subject: 

Lund, Laura (EEC) 

Tuesday, June 19, 2012 2:27PM 

'Alison Barlow' 

Attachments: 

Kentucky Division for Air Quality requests the publication of a public hearing notice 

Ashland News·ltr.doc; Ashland PHN.doc 

Attached is a letter requesting the publication of a public hearing notice and the notice for which 

we are requesting publication. Billing information is also included in the letter. If you have any 

questions about this publication or billing, please feel free to contact me. 

Thank you, 

Laura Lund 

Laura Lund, Environmental Technologist III 

Kentucky Division for Air Quality 

Program Planning & Administration Branch 

Regulation Development Section 

Phone: (502) 564-3999, ext. 4428 

E-mail: Laura.Lund@ky.gov 

1 
Steven L. Beshear 

Governor 

Editor 

Daily Independent 

Display Advertising 

P.O. Box 311 

Energy and Environment Cabinet 

Department for Environmental Protection 

Division for Air Quality 

200 Fair Oaks Lane, 1st Floor 

Frankfort, Kentucky 40601-1403 

air.ky.gov 

June 19, 2012 

226 Seventeenth Street 

Ashland, Kentucky 41105-0311 

Dear Editor: 

Leonard K. Peters 

Secretary 

Please publish the attached notice as a prominent classified advertisement in the public notice or 

legal ads section of your newspaper as soon as possible. The advertisement should be two 

columns wide with length necessary to accommodate the text. 

Billing and proof of publication should be mailed to the following address immediately after 

publication. 

Michele Koziol 

Administration Section 

Division for Air Quality 

181 Floor 

200 Fair Oaks Lane 

Frankfort, Kentucky 40601 

Payment cannot be made until proof of publication is received, which consists of one (1) full 

page containing the advertisement. Please confirm receipt of this request, which is being 

transmitted via e-mail. Contact me with any questions you may have by phone at (502) 564-3999 

ext. 4428, by e-mail at Lanra.Lund@ky.gov, or by fax at (502) 564-4666. Thank you. 

Sincerely, 

.fuwux.J:und 

Regulation Development Section 

Program Planning & Administration Branch 

Attachment 

cc: Michele Koziol 

KentuckyUnbridledSpirit.com A.n Equal Opportunity Employer WF/D 
THE INDEPENDENT 

THE GREENUP COUNTY NEWS TIMES 

PO BOX 311 

ASHLAND KY 41105-0311 

{606) 326-2600 

Fax(606) 326-2680 

Advertising Invoice and Statement 

378.00 

1 

DIVISION OF AIR QUALITY COMMON 

ADMINISTRATION SECTION 

200 FAIR OAKS LANE 1ST FLOOR 

FRANKFORT KY 40601 

of Past Due Amounts 

THE INDEPENDENT 

6126718 

.00 .00 

671806 671806 

Amount Paid: 

Comments: 

378.00 

Due date: 07/15/12 
· $25,000, June 12 .. _ . D. Adkins and 

David E Glazier- -rn 'to kins, property 

1-sa A. A~, Darrell street, $130,000,_ J 

NOTICE OF PUBLIC HEARING 

~ KENTUCKY DIVISION FOR AIR QUALITY 

' f 

I 

' I 

' I 

TO REVISE. KENTUCKY'S STATE IMPLEMEN!ATION PLAN' 

AND AIR QUALITY RE!3ULATIONS 

The Kentucky Energy and Eqvironment Cabinet Will conduct 'a-public hearing on July 24, 2012, at 1o:oo a.l:n. (Local Time) in COnfer- ence RoOm 201B of the Division for Air Quality, 200 Fair Oaks 

Lane, Frankfort, Kentucky. This heating will be h!Jld to receive 

ct>=ents on the ~llowirig proposed administrative regulations: 

4,01 KAR 51:001. 'Definitions fdr 401 KAR Chaptel' 51. 

(Amendment) 

· 401 KAR 51:017. Preventic,on of significant deterioration 

of air quality. (Am~dment) , • .j.o.t KAR 51:052. Review ~;Jfn"ew sow.-ces in or impacting 

upon no~ttainment al."eas. (Amendment)-

_The amendments to these adminls'tratiVe regulations reYise definitions to reflect the New Source ReView {NSR) program at the federallevel. The 'amendments include the requirements necessary to 

determine whether a 'construction project's emissions will cause or contribute to a Violation of the PM2.5 NMQS. This regulatory ac- tion establishes significant impact levels, significant .monitoring 

cOncentrations, and baseline dates for the P-M2.5 NAAQS. Also, 

the amendments adopt the slgnificant emissions rates to determine 

NSR appliCability for PM2,5 a11d PM2.5 precursors. The definition 

Of «Regulated NSR pollutant" has been amended for consistency 

with the corresponding federal definition. 

This hearing is open to the public and all interested persons will be 

given the opportunity to present testimOny. To assure that all com- ments are accuratelynicorded, the Division r.equests that oral co·mments presented at the hearing are also provided in written fonn, 

if possible. Written CO)lliD.ents must be received by close of busi- ness on July 31, 2012, to be considered pitrt of the hearing record. 

The Energy and Environment Cabinet does not discriminate on the 

basis of race, color, national origin, sex, age, religion, or disability 

and provides, upun request, reasonable accommodation "including 

·' auxiliary aids and services necessarY to afford an individual with a disability an equal opportunity to participate in all serVices, programs, and activities. 

·The· full texts of the proposed regulitions .:i.re available for public 

inspection and copying during regular business hours (S:oo a.m. to4:30 p.m., Local"Time) at the location listed below. Any individual requiring copies may submit a request to the Division for Air 

Quality in writing, by telephone, by fax, or by e-mail. Requests for 

.C<lpies should be directed to the contact person·. The proposed administrative. regulatjons can be acCessed at: 

http· //www.lrc.state.ky.W!/JCAR /TITLE401.htm. 

CONTACT PERSON; Laura Lund, Envitonmentall'eclmologist 

.Ill, Regulation Development Section, Division for Alr Quality, 1st 

Floor, 200 Fair Oaks Lane, Frankfort, Kentucky 40601. Phone 

number: (502) 564-3999, ext. 4428; fax number: (5o2) 564:4666; 

e-mail: Laura.Lund@ky.gov. · 

Ashland Regional, 1550 Wolohan Dr til, .Ashland, KY 

41102 

Published: Ju11,e21, 2012 

ORDINANCE.NO; 29,2012 .. ,.:i· 

ANORDINANCEOFTIIEC!TY 

OF "ASHLAND KEN'IUCKY. 

AUTiiORIZING• AND DIREcT:·' 

ING THOMAS E. KELLEY, ... 

MAYOR, TO SUBMIT THE 

2012 ACTION PLAN IN THE 

SUM OF $514.403 FORA COM· 

MUNI'IY ·· DEVELOPMENT 

,.BlOCK GRANT·TO THE U.S:. 

DEPARTMENT .OF HOUSING 

AND URBAN DEVELOPMENT 

(.HUD), AND UPON ACCEPT· 

·::\ANCE OF SAID .APPUCATION 

·.FROM HUD, TO.EXECUTE!)N. 

BEHALF OF 'Il{E CITY OF 

ASHLAND, AN AGREEMENT 

WITH TilE p. S. DEfART· 

MENT OF. HOUSING .AND 

URBAN DEVELOPMENT .TO 

ENABLE THE CITY TO UN· 

DERTAKE.THESEA.CI'IVITIES 

AND/ORANY AND ALL DOCUMENTS ASSOCIATED Wim 

THE GRANT SUBMI'ITAL. · 

'• *. ~ •• * •'• * * * * * * * •••• * * 

'1iion1a.s !E.1Celley Thomas E. Kelley 

MayOr 

AITEST: 

Deborah 

~~ Musser . City Clerk . 

hl)OPTED BY THE BOARD . • OF COMMisSIONERS: 

April19, 2012 

'REA.DOPTEDBYTHEBOARD 

OF COMMISSIONERS: 

May3. 2012 ' 

Published: June 21, 2012 

CERTIFICATION . 

This is to certify that the title of · .· 

Ordinance No. 29, 2012 is a true 

and accurate summary of the 

contents of the ordinance pi-epared by the Legal Department 

of the City ot: Ashland, Ken-· 

tu.cky, consisting of attorneysli~ 

eensed to piaetice law in the __ Commonwealth of Kentucky .. 

IJ.#.PW.~ 

Richard W. Martin 

Corporation Counsel 

SubscnDed and sworn to before 

me by Richard W. Martin this , 18th day of June·, 2012. My com- . 

· mission as li Notary Public "{ill 

CfCPire May 3, :?-015. 

s~~:O N01'AliYPUBUC 

~A~~~KENTUqf 

ID#441498 
Lund, Laura (EEC) 

From: 

Sent: 

To: 

Subject: 

Lund, Laura (EEC) 

Tuesday, June 19, 2012 2:39'PM 

'Hendrix, Amber' 

Attachments: 

Kentucky Division for Air Quality requests the publication of a public hearing notice 

Owensboro ltr.doc; Owensboro PHN.doc 

Attached is a letter requesting the publication of a public hearing notice and the notice for which 

we are requesting publication. Billing information is also included in the letter. If you have any 

questions about this publication or billing, please feel free to contact me. 

Thank you, 

Laura Lund 

Laura Lund, Environmental Technologist III 

Kentucky Division for Air Quality 

Program Plarm.ing & Administration Branch 

Regulation Development Section 

Phone: (502) 564-3999, ext. 4428 

E-mail: Laura.Lund©ky.gov 

1 
Steven L Beshear 

Governor 

Editor 

Messenger-Inquirer 

Display Advertising 

P.O. Box 1480 

Energy and Environment Cabinet 

Department for Environmental ProtectionDivision for Air Quality 

200 Fair Oaks Lane, 1st Floor 

Frankfort, Kentucky 40601-1403 

air.ky.gov 

June 19, 2012 

Owensboro, Kentucky 42302-1480 

Dear Editor: 

Leonard K. Peters 

Secretary 

Please publish the attached notice as a prominent classified advertisement in the public notice or 

legal ads section of your newspaper as soon as possible. The advertisement should be two 

columns wide· with length necessary to accommodate the text. 

Billing and proof of publication should be mailed to the following address immediately after 

publication. 

Michele Koziol 

Administration Section 

Division for Air Quality 

Is' Floor 

200 Fair Oaks Lane 

Frankfort, Kentucky 40601 

Payment cannot be made until proof of publication is received, which consists of one (1) full 

page containing the advertisement. Please confirm receipt of this request, which is being 

transmitted via e-mail. Contact me with any questions you may have by phone at (502) 564-3999 

ext. 4428, by e-mail at Laura.Lund@ky.gov, or by fax at (502) 564-4666. Thank you. 

Sincerely, 

£awta .fund 

Regulation Development Section 

Program Planning & Administration Branch 

Attachment 

cc: Michele Koziol 

KenruckyUnbridledSpirit.com 

1\..i!!'SRJDl.ED :1/. tu~ SPIRIT"y 

An Equal Opportunity Employer WF/D 
Owensboro Messenger..Jnquirer 

1401 Frederica St 

Owensboro KY 42301 

DIVISION FOR AIR QUALITY ATTN Michele Koziol 

200 FAIR OAKS LANE 1ST FLOOR 

FRANKFORT, KY 40601 

ADVERTISING INVOICE I STATEMENT 1/1 

DIVISION FOR AIR QUALITY ATTN Michele Koziol 

DATE ADN TRANS# DESCRIPTION INS UNITS AMOUNT TOTAL 

Balance Forward 

06/24/2012 00240312 300626160 Notice of Public Hearing - 00240312 Notice 

0·.00 

413.30 

0.00 

413.30 

21 Ml Messenger-Inquirer- Notice 

PERIOD 6 2012 

$413.30 $0.00 $0.00 

PLEASE RETURN THIS PORTION 

WITH YOUR REMITTANCE 

Owensboro Messenger-Inquirer 

c/o Paxton Media Group 

PO Box 1350 

Paducah KY 42002-1350 

Phone: 270-575-8731 

Fax: 270-575-8726 

$0.00 

Billing Date 

06/25/2012 

11.00in 

$413.30 

Payment in full is due upon receipt of the statement. A 

service charge on all balances over 30 days will be 

computed by a 'Periodic Rate' of 1-112% per month, which is 

an ANNUAL PERCENTAGE RATE OF 18%, this applies to 

the previous balance after deducting current paynients and 

credits appearing on your statement. 

Remittance Advice 

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Lund, Laura (EEC) 

From: 

Sent: 

To: 

Subject: 

Lund, Laura (EEC) 

Tuesday, June 19,2012 8:37AM 

'news@thelakenews.nef 

Attachments: 

Kentucky Division for Air Quality requests the publication of a public hearing notice 

Lake News Paducah ltr.doc; Lake News Paducah PHN.doc 

Attached is a letter requesting the publication of a public hearing notice and the notice for which 

we are requesting publication. Billing information is also included in the letter. If you have any 

questions about this publication or billing, please feel free to contact me. 

Thank you, 

Laura Lund 

laura Lund, Environmental Technologist III 

Kentucky Division for Air Quality 

Program Planning & Administration Branch 

Regulation Development Section 

Phone: (502) 564-3999, ext. 4428 

E-mail: Laura.Lund@ky.gov 

1 
Steven L. Beshear 

Governor 

Editor 

Lake News 

P.O. Box 498 

Energy and Environment Cabinet 

Department for Environmental Protection 

Division for Air Quality 

200 Fair Oaks Lane, 1st Floor 

Frankfort, Kentucky 40601-1403 

air.ky.gov 

June 19,2012 

Calvert City, Kentucky 42029 

Dear Editor: 

Leonard K. Peters 

Secretary 

Please publish the attached notice as a prominent classified advertisement in the public notice or 

legal ads section of your newspaper as soon as possible. The advertisement should be two 

columns wide with length necessary to accommodate the text. 

Billing and proof of publication should be mailed to the following address immediately after 

publication. 

Michele Koziol 

Administration Section 

Division for Air Quality 

1st Floor 

200 Fair Oaks Lane 

Frankfort, Kentucky 40601 

Payment cannot be made until proof of publication is received, which consists of one (1) full 

page containing the advertisement. Please confirm receipt of this request, which is being 

transmitted via e-mail. Contact me with any questions you may have by phone at (502) 564-3999 

ext. 4428, by e-mail at Laura.Lund@ky.gov, or by fax at (502) 564-4666. Thank you. 

Sincerely, 

.fuwtafund 

Regulation Development Section 

Program Planning & Administration Branch 

Attachment 

cc: Michele Koziol 

KentuckyUnbridledSpirit.com An Equal Opportunity Employer M/F!D 
Lake News 

153 E. 5th Ave. 

P.O. Box 498 

Calvert City, KY 42029 

To: 

Administration Section 

Michelle Koziol 

Division of Air Quality 

200 Fair Oaks Lane, 1st Floor 

Frankfort, KY 40601 

Date Transaction 

05/30/2012 Balance forward 

06/27/2012 INV#5674. 

Statement 

Date 

(270) 395-5858 6/27/2012 

------····-··· -, ~ ' --. -" !:, 

. ,. : -,~. _,_.;:;;,-- - --

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Amount Due AmountEnc. 

$109.38 

Amount Balance 

109.38 

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109.38 

Amount Due 

$109.38 
nt 

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ments. 

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subsi~ 

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-Th~ urit!Brsig~ed ~tlor~ is 1-i~ensed 'to ~ractice I 

'itu{ C'orTul)onwealth of KentuCKy. and. hereby .certifies 

that the foregoing is a'sUriimaiy·oi.ttle On:iinai'\Ce Of the 

City ·of Calvert' City be.inriQ the- ri~~ber and title identi-

'fied iibOve.-' ·· - -

GREGORYK. 

SUMMARY OF ORDINANCE NO. 2012-05 

SUMMARY OF AN ~fiD.~CE'A~bPTING A PERSONNE_LAND .. PAY C::LASSIFICATI6N 

PLAN AND C~O;M~P,;e:iN~S~A~JI:jON:~RAl~T~e~S~f~QR FOR\ 

'::;:.;; •• ~~;ti'l'~l%:~~ and pay 

official 

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NoTice OF Pueuc 

_,_,,_ 

Leonard K. Peters 

Secretary 

public notice or 

should be two 

after 

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. : tti~~2) 564-3999 

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~~ E rrty mployer M/F/D 
Lund, Laura (EEC) 

From: 

Sent: 

To: 

Subject: 

Lund, Laura (EEC) 

Tuesday, June 19,2012 2:32PM 

'classifieds@Thetimestribune.com' 

Attachments: 

Kentucky Division for Air Quality requests the publication of a public hearing notice 

Corbin ttr.doc; Corbin PHN.doc 

Attached is a letter requesting the publication of a public hearing notice and the notice for which 

we are requesting publication. Billing information is also included in the letter. If you have any 

questions about this publication or billing, please feel free to contact me. 

Thank you, 

Laura Lund 

Laura Lund, Environmental Technologist III 

Kentucky Division for Air Quality 

Program Planning & Administration Branch 

Regulation Development Section 

Phone: (502) 564-3999, ext. 4428 

E-mail: Laura.Lund®ky.gov 

1 
Steven L. Beshear 

Governor 

Editor 

Times-Tribune 

Display Advertising 

POBox516 

Corbin, KY 40702-0516 

Dear Editor: 

Energy and Environment Cabinet 

Department for Environmental Protection 

Division for Air Quality 

200 Fair Oaks Lane, 1st Floor 

Frankfort, Kentucky 40601-1403 

air.ky.gov 

June 19, 2012 

Leonard K Peters 

Secretary 

Please publish the attached notice as a pronPnent classified advertisement in the public notice or 

legal ads section of your newspaper as soon as possible. The advertisement should be two 

columns wide with length necessary to accommodate the text. 

Billing and proof of publication should be mailed to the following address immediately after 

publication. 

Michele Koziol 

Administration Section 

Division for Air Quality 

l"t Floor 

200 Fair Oaks Lane 

Frankfort, Kentucky 40601 

Payment cannot be made until proof of publication is received, which consists of one ( 1) full 

page containing the advertisement. Please confirm receipt of this request, which is being 

transmitted via e-maiL Contact me with any questions you may have by phone at (502) 564-3999 

ext. 4428, by e-mail at Laura.Lund@ky.gov, or by fax at (502) 564-4666. Thank you. 

Sincerely, 

f!awta £und 

Regulation Development Section 

Program Planning & Administration Branch 

Attachment 

cc: MiChele Koziol 

KentuckyUnbridledSpirit.com 

1\.et!DLED v. tu~ SP/RrTY 

An Equal Opportunity Employer M/F/D 
09cl'juv M 1 

The Times-Tribune POBo~ 

Co~KY 40701 

(606) 528·2464 

JUNE 2012 

306.00 

306.00 1 

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DIVISION FOR AIR QUALITY 

ATTN, MICHELLE KOZIOL 

200 FAIR OAKS LANE 1ST FLOOR 

FRANKFORT, KY 

40601 

0.00 

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NET 30 

0.00 

1247 

TIMES-TRIBUNE 

P.O. BOX 516 

201 N. KY AVE. 

CORBIN, KY 

0.00 

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----PLEASE ·-DETACH- -AND ... RETURN--.. UPPER PORTION WI.TH- --YOUR- REMIT-TANCE 

06/22 LEG TT 

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Statement of Account -Aging of Past Due Amounts 

REA 2xl2.0 

24.00 

306.00 306.00 

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306.00 0.00 0.00 0.00 306.00 

The Times-Tribune 

POBox516 -:SO doy5 old • """'110d11/2% por month ........ <ho ..... ANNUAL RATE 11l'. 

Corbin KY 40701 

(606) 528·2464 

30517 

• Unapplied amounts are Included In Total Amount Due 

1247 
PLACE YOUR 

Need som!l ,. ~~V fast Cash?:'!~--

any . dassifii!ds; 

rint and 

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m the 

b Site 

com 

difference in 

Older Adults .. 

CNAs 

d shift with shift differentials • 

Retention Bonus 

·Up to·$500 ,--0"· 

learn more, please visit- ~ -~--­

ristianCareConiinniiitieS~org 

r. call (606)258-2500 . 

' 

lrristian Health Center 

Conunonwealth Avenue 

Corbin, KY 40701 

:dcheck and drug stryening required 

.. .to ,.- __ -' ,_ 

CLASSIFIED AD 

- --1' 

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'•'" ·, ,. -- -·--~---- ' i . :./ l 

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I 

Leonard K. Peters 

Secretary 

-\ J ·-:~ment in the public notice or 

- :'' _,·-dvertisement should be tWo -- - ·_·: 

--<'· .],_ r ;·;tg address immediately after 

-~ 

·:· ~ .-i'! 

-1:-

: .,,_,, ,- --:·:; 

[w~ch consists of_ one. (1) ~ 

.. : this request, which 1s bemg 

··.[ve by phone at (502) 564-3999 

:-4666. Thank you. 

! 

An Equal Opportunity Employer M/F/D 
Lund, Laura (EEC) 

From: 

Sent: 

To: 

Subject: 

Lund, Laura (EEC) 

Tuesday, June 19,2012 2:31PM 

'c!assified@bgdailynews.com' 

Attachments: 

Kentucky Division for Air Quality requests the publication of a public hearing notice 

BowlingGreen News ltr.doc; BowlingGreen PHN.doc 

Attached is a letter requesting the publication of a public hearing notice and the notice for which 

we are requesting publication. Billing information is also included in the letter. If you have any 

questions about this publication or billing, please feel free to contact me. 

Thank you, 

Laura Lund 

Laura Lund, Environmental Technologist III 

Kentucky Division for Air Quality 

Program Planning & Administration Branch 

Regulation Development Section 

Phone; (502) 564~3999, ext. 4428 

E-mail: Laura.Lund@ky.gov 

1 
Steven L. Beshear 

Govemor 

Editor 

Daily News 

Display Advertising 

P.O. Box 90012 

Energy and Environment Cabinet 

Department for Environmental Protection 

Division for Air Quality 

200 Fair Oaks Lane, 1st Floor 

Frankfort, Kentucky 40601-1403 

air.ky.gov 

June 19,2012 

Bowling Green, Kentucky 42102-9012 

Dear Editor: 

Leonard K. Peters 

Secretary 

Please publish the attached notice as a prominent classified advertisement in the public notice or 

legal ads section of your newspaper as soon as possible. The advertisement should be two 

colunms wide with length necessary to acc"ommodate the text. 

Billing and proof of publication should be mailed to the following address immediately after 

publication. 

Micbele Koziol 

Administration Section 

Division for Air Quality 

1st Floor 

200 Fair Oaks Lane 

Frankfort, Kentucky 40601 

Payment cannot be made until proof of publication is received, which consists of one (1) full 

page containing the advertisement. Please confmn receipt of this request, which is being 

transmitted via e-mail. Contact me with any questions you may have by phone at (502) 564-3999 

ext. 4428, by e-mail at Laura.Lund@ky.gov, or by fax at (502) 564-4666. Thank you. 

Sincerely, 

fuwta.Eund 

Regulation Development Section 

Program Planning & Administration Branch 

Attachment 

cc: Michele Koziol 

KentuckyUnbridledSpirit.com An Equal Opportunity Employer M/F/D 
Lund, Laura (EEC) 

From: 

Sent: 

To: 

Subject: 

Lund, Laura (EEC) 

Tuesday, June 19,2012 2:34PM 

'legalads@enquirer.com' 

Attachments: 

Kentucky Division for Air Quality requests the publication of a public hearing notice 

Covington ltr.doc; Covington PHN.doc 

-Attached is a letter requesting the publication of a public hearing notice and the notice for which 

we are requesting publication. Billing information is also included in the letter. If you have any 

questions about this publication or billing, please feel free to contact me. 

Thank you, 

Laura Llllld 

laura Lund, Environmental Technologist III 

Kentucky Division for Air Quality 

Program Planning & Administration Branch 

Regulation Development Section 

Phone: (502) 564-3999, ext. 4428 

E-mail: Laura.Lund@ky.gov 

1 
Steven L. Beshear 

Governor 

Editor 

Cincinnati Enquirer 

Legal Advertising 

P.O. Box 00097 

En~rgy and Environment Cabinet 

Department for Environmental Protection 

Division for Air Quality 

200 Fair Oaks Lane, 1st Floor 

Frankfort, Kentucky 40601~1403 

air.ky.gov 

Jooe 19,2012 

Cincinnati, Ohio 45274-0097 

Dear Editor: 

Leonard K. Peters 

Secretary 

Please publish the attached notice as a prominent classified advertisement in the public notice or 

legal ads section of your newspaper as soon as possible. The advertisement should be twu 

columns wide with length necessary to accommodate the text. 

Billing and proof of publication should be mailed to the following address immediately after 

publication. 

Michele Koziol 

Administration Section 

Division for Air Quality 

1st Floor 

200 Fair Oaks Lane 

Frankfort, Kentucky 40601 

Payment cannot be made until proof of publication is received, which consists of one (1) full 

page containing the advertisement. Please confirm receipt of this request, which is being 

transmitted via e-maiL Contact me with any questions you may have by phone at (502) 564-3999 

ext. 4428, by e-mail at Laura.Lood@ky.gov, or by fax at (502) 564-4666. Thank you. 

Sincerely, 

.f!awut .futul 

Regulation Development Section 

Program Planrring & Administration Branch 

Attachment 

cc: Michele Koziol 

KentuckyUnbridledSpirit.com An Equal Opportunity Employer M!F/D 
Lund, Laura (EEC) 

From: 

Sent: 

To: 

Subject: 

Lund, Laura (EEC) 

Tuesday, June 19,2012 2:36PM 

'hllegalads' 

Attachments: 

Kentucky Division for Air Quality requests the publication of a public hearing notice 

Lexington ltr.doc; Lexington PHN.doc 

Attached is a letter requesting the publication of a public hearing notice and the notice for which 

we are requesting publication. Billing information is also included in the letter. If you have any 

questions about this publication or billing, please feel free to contact me. 

Thank you, 

Laura Lund 

Laura Lund, Environmental Technologist III 

Kentucky Division for Air Quality 

Program Plarming & Administration Branch 

Regulation Development Section 

Phone: (502) 564-3999, ext. 4428 

E-mail: Laura.Lund@ky.gov 

1 
Steven L. Beshear 

Governor 

Editor 

Herald Leader 

Energy and Environment Cabinet 

Department for Environmental Protection 

Division for Air Quality 

200 Fair Oaks Lane, 1st Floor 

Frankfort, KentuckY 40601-1403 

air.ky.gov 

June 19, 2012 

Main and Midland 

Lexington, Kentucky 40507 

Dear Editor: 

Leonard K. Peters 

Secretary 

Please publish the attached notice as a prominent classified advertisement in the public notice or 

legal ads section of your newspaper as soon as possible. The advertisement should be two 

columns wide vvith length necessary to accommodate the text. 

Billing and proof of publiCation should be mailed to the following address immediately after 

publication. 

Michele Koziol 

Administration Section 

Division for Air Quality 

1st Floor 

200 Fair Oaks Lane 

Frankfort, Kentucky 40601 

Payment cannot be made until proof of publicatiOn is reCeived, which consists of one (1) full 

page containing the advertisement. Please confinn receipt of this request, which is being 

transmitted via e-mail. Contact me with any questions you may have by phone at (502) 564-3999 

ext. 4428, by e-mail at Laura.Lund@ky.gov, or by fax at (502) 564-4666. Thank you. 

Sincerely, 

.fawta £und 

Regulation Development Section 

Program Plamting & Administration Branch 

Attachment 

cc: Michele Koziol 

KentuckyUnbridledSpirit.com An Equal Opportunity Employer MIF/D 
Lund, Laura (EEC) 

From: 

Sent: 

To: 

Subject: 

Lund, Laura (EEC) 

Tuesday, June 19, 2012 2:38PM 

'legals@courier-joumal.com' 

Attachments: 

Kentucky Division for Air Quality requests the publication of a public hearing notice 

Louisville ltr.doc; Louisville PHN.doc 

Attached is a letter requesting the publication of a public hearing notice and the notice for which 

we are requesting publication. Billing information is also included in the letter. If you have any 

questions about this publication or billing, please feel free to contact me. 

Thank you, 

Laura Ltmd 

Laura Lund, Environmental Technologist III 

Kentucky Division for Air Quality 

Program Planning & Administration Branch 

Regulation Development Section 

Phone: (502) 564-3999, ext. 4428 

E-mail: Laura.Lund@ky.gov 

1 
Steven L. Beshear 

Governor 

Editor 

Courier Journal 

Energy and Environment Cabinet 

Department for Environmental Protection 

Division for Air Quality 

200 Fair Oaks Lane, 1st Floor 

Frankfort, Kentucky 40601-1403 

air.ky.gov 

June 19,2012 

Classified Advertising Department 

525 West Broadway 

P.O. Box 740031 

Louisville, Kentucky 40201-7 4 31 

Dear Editor: 

Leonard K. Peters 

Secretary 

Please publish the attached notice as a prominent classified advertisement in the public notice or 

legal ads section of your newspaper as soon as possible. The advertisement should be two 

colunms wide with length necessary to accommodate the text. 

Billing and proof of publication should be mailed to the following address immediately after 

publication. 

Michele Koziol 

Administration Section 

Division for Air Quality 

1st Floor 

200 Fair Oaks Lane 

Frankfort, Kentucky 40601 

Payment cannot be made until proof of publication is received, which consists of one (1) full 

page containing the advertisement. Please confirm receipt of this request whkh is being 

transmitted via e-mail. Contact me with any questions you may. have by phone at (502) 564-3999 

ext. 4428, by e-mail at Laura.Lund@ky.gov, or by fax at (502) 564-4666. Thank you. 

Sincerely, 

.fawta.l!wuf 

Regulation Development Section 

Program Planning & Aclrn.ffiistration Branch 

Attachment 

cc: Michele Koziol 

KentuckyUnbridledSpirit.com 

~~UNBRIDLED --ventu~ SPIRrTY 

An Equal Opportunity Employer MIFID 
Lund, Laura (EEC) 

From: 

Sent: 

To: 

Subject: 

Lund, Laura (EEC) 

Tuesday, June 19, 2012 2:40 PM 

'Judy Gordon' 

Attachments: 

Kentucky Division for Air Quality requests the publication of a public hearing notice 

Paducah ltr.doc; Paducah PHN.doc 

Attached is a letter requesting the publication of a public hearing notice and the notice for which 

we are requesting publication. Billing information is also included in the letter. If you have any 

questions about this publication or billing, please feel free to contact me. 

Thank you, 

Laura Lund 

Laura Lund, Environmental Technologist III 

Kentucky Division for Air Quality 

Program Planning & Administration Branch 

Regulation Development Section 

Phone: (502) 564-3999, ext. 4428 

E-mail: Laura.Lund@ky.gov 

1 
Steven L Beshear 

Governor 

Editor 

Paducah Sun 

Display Advertising 

P.O. 2300 

Energy and Environment Cabinet 

Department for Environmental Protection 

Division for Air Quality 

200 Fair Oaks Lane, 1st Floor 

Frankfort, Kentucky 40601-1403 

air.ky.gov 

June 19, 2012 

Paducah, Kentucky 42002-2300 

Dear Editor: 

Leonard K. Peters 

Secretary 

Please publish the attached notice as a prominent classified advertisement in the public notice or 

legal ads section of your newspaper as soon as possible. The advertisement should be two 

columns wide with length necessary to accommodate the text. 

Billing and proof of publication should be mailed to the following address immediately after 

publication. 

Michele Koziol 

Administration Section 

Division for Air Quality 

1st Floor 

200 Fair Oaks Lane 

Frankfort, Kentucky 40601 

Payment cannot be made until proof of publication is received, which consists of one (1) full 

page containing the advertisement. Please confirm receipt of this request, which is being 

transmitted via e-maiL Contact me with any questions you may have by phone at (502) 564-3999 

ext. 4428, by e-mail at Laura.Lund@ky.gov, or by fax at (502) 564-4666. Thank you. 

Sincerely, 

.f!awta fund 

Regulation Development Section 

Program Planning & Administration Branch 

Attachment 

cc: Michele Koziol 

KentuckyUnbridledSpirit.com An Equal Opportunity Employer M/FID 
Steven L. Beshear 

Governor 

Ms. Connie C. Sewell 

Court Reporter 

Energy and Environment Cabinet 

Department for Environmental Protection 

Division for Air Quality 

200 Fair Oaks Lane, 1st Floor 

Frankfort, Kentucky 40601-1403 

air.ky.gov 

June 26,2012 

1705 S, Benson Rd. 

Frankfort, Kentucky 40601 

Dear Ms. Sewell: 

.Leonard K. Peters 

Secretary 

As a follow-up to today' s conversation, this is to confll1ll that you ·or someone in your 

employ will be present at the public hearing scheduled to begin at 10:00 a.m., on July 24, 2012, 

in Conference Room 201B at 200 Fair Oaks Lane. The hearing agenda includes the following air 

quality regulations and a copy of the public hearing notice is enclosed. 

401 K.AR 51:001. Definitions for 401 KAR Chapter 51, (Amendment) 

401 KAR 51:017. Prevention of significant deterioration of air quality. (Amendment) 

401 KAR 51:052. Review of new sources in or impacting upon nonattainment areas. (Amendment) 

Plea.se contact me if you have any questions regarding the public hearing at (502) 564-3999, 

extension 4428, or via e-mail at Laura.Lund@ky.gov. 

Laura Lund, Regulation Development Section 

Program Planning & Administration Branch 

Enclosure 

KentuckyU nbridledSpirit.com An Equal Opportunity Employer M/FID 

I 
OPENING STATEMENT 

KY Division for Air Quality 

Public Hearing- July 24, 2012 

"Good morning. It is July 24th, 10:00 a.m. My name is Laura Lund and I am with the 

Kentucky Division for Air Quality, Regulation Development Section. As your moderator, I 

declare this public hearing in session. 

The Division asks that everyone attending today's hearing provide all of the information 

requested on the attendance roster located by the entrance to the conference room. 

Today' s hearing announcement was mailed to everyone on the Division's current mailing list, 

Regional Offices, Louisville Metro Air Pollution Control District, and specified County Clerk's 

offices. In addition, the notice was published in ten newspapers of wide circulation within the 

Commonwealth. 

This is a 'non~adversarial' hearing, therefore the Division will not respond to comments or 

questions regarding the proposed actions, and individuals who present testimony will not be 

questioned by anyone attending this hearing. A Division representative may, however, ask 

questions in order to clarity the meaning or intent of a comment. 

All comments received in an appropriate format by the close of the comment period will 

receive equal consideration. Written comments must be received by close of business on July 

31, 2012, to be considered part of the hearing record. 

Connie Sewell, to my right, is recording today's hearing. Anyone interested in obtaining a 

copy of the transcript should contact Ms. Sewell. 

Today's hearing is conducted in order to receive public comment concerning proposed 

amendments to Kentucky's Air Quality administrative regulations, 401 KAR 51:001, 

Definitions for 401 KAR Chapter 51; 401 KAR 51:017, Prevention of significant deterioration 

of air quality; and 401 KAR 51:052, Review of new sources in or impacting upon 

nonattainment areas. The amendments to these administrative regulations revise definitions to 

reflect the New Source Review program at the federal level. The amendments include the 

requirements necessary to determine whether a construction project's emissions will cause or 

contribute to a violation of the PM2.

5 National Ambient Air Quality Standards (NAAQS). This 

regulatory action establishes significant impact levels, significant monitoring concentrations, 

and baseline dates for the PM2.5 NAAQS. Also, the amendments adopt the significant 

emissions rates to determine applicability as it relates to emissions of PMz.s and PMz.s 

precursors." 

1 
};;> "Does the ROSTER indicate anyone wanting to present testimony?" 

)> -- -CHECK THE ROSTER FOR TESTIMONY-- -(A. or B.) 

)> RECEIVE TESTIMONY 

A. "Please come forward when your name is called and provide a written copy of your 

comments, if possible." 

- - -OR- - - -

B. "Since no one has indicated to present testimony at today's hearing, we'll pause the 

hearing record for 10 minutes to allow for late arrivals and re-open the session. 

The time is 10: a.m." 

>BREAK 

"It is now time to re-open the hearing record. Are there any late arrivals who would like 

to present testimony? Go back to A. or say, "There are none." 

> "In the absence of any testimony, this public hearing is adjourned." 

2 
PUBLIC COMMENT PERIOD 
Steven L. Beshear 

Governor 

Ms. Donna Little 

Regulations Compiler 

Energy and Environment Cabinet 

Department for Environmental Protection 

Division for Air Quality 

200 Fair Oaks Lane, 1st Floor 

Frankfort, Kentucky 40601-1403 

air,ky.gov 

July 24, 2012 

Legislative Research Commission 

Capitol Annex Room 029 

Frankfort, Kentucky 40601 

Dear Ms. Little: 

Leonard K. Peters 

Secretary 

As a follow-up to an earlier phone conversation and pursuant to the notification 

requirements in KRS Chapter 13A.270, the Kentucky Division for Air Quality did not receive 

comments during the public hearing that was held on July 24, 2012. Comments were not 

received during the public hearing, but are anticipated to be received by the end of the public 

comment period on July 31, 2012. The hearing agenda included the following proposed 

administrative regulations, filed with your office on June 14, 2012, and published in the July 1, 

2012, Administrative Register of Kentucky. 

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

401 KAR 51:017. Prevention of significant deterioration of air quality. 

401 KAR 51:052. Review of new sources in or impacting upon nonattainment areas. 

Please feel free to contact me at 564-3999, ext. 4428, or Laura.Lund@ky.gov if any 

questions arise concerning these proposed administrative regulations or the public hearing. 

KentuckyUnbridledSpirit.com 

Laura Lund 

Environmental Technologist ill 

Regulation Development Section 

1\..l?!l,DU:a Zl. tu~ SPIRrrY 

An Equal Opportunity Employer MIF/D 
Steven L. Beshear 

Governor 

Ms. Donna Little 

Regulations Compiler 

Energy and Environment Cabinet 

Department for Environmental Protection 

Division for Air Quality 

200 Fair Oaks Lane, 1st Floor 

Frankfort, Kentucky 40601~1403 

air.ky.gov 

July 31,2012 

Legislative Research Commission 

Capitol Annex Room 029 

Frankfort, Kentucky 4060 I 

Dear Ms. Little: 

Leonard K. Peters 

Secretary 

As a follow-up to an earlier phone conversation and pursuant to the notification 

requirements in KRS Chapter 13A.270, the Kentucky Division for Air Quality did receive 

comments during the public comment period, ending July 31, 2012, for the following 

administrative regulations: ' 

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

401 KAR 51:017. Prevention of significant deterioration of air quality. 

401 KAR 51':052. Review of new sources in or impacting upon nonattainment areas. 

As a result of receiving comments and pursuant to KRS 13A.280(2)(b), the Division for 

Air Quality requests a thirty~day extension for filing the Statement of Consideration with your 

office, Therefore, the Statement of Consideration will be filed no later than noon, eastern time, 

on September 14, 2012. 

Please feel free to contact me at 564-3999 if any questions arise concerning the 

administrative regulations or the public comment period. 

KentuckyUnbridledSpirit.com 

· Sincerely, 

Laura Lund 

Environmental Technologist Ill 

Regulation Development Section 

1\.t!!l/OLED 1/. tu~ SP/RrT'!J 

An Equal Opportunity Employer M/F/D 
Tom FitzGerald 

Director 

Board of Directors 

Joe Childers 

Chair 

Vacant 

Vice Chair 

U:z Edmondson 

Recording Secretary 

Betsy Rudd Bennett 

Roger Shott 

Bruce Boyens 

P. 0. Box I 070 

Frankfort, KY 40602 

(Phone) 502·875·2428 

(Fax) 502-875-2845 

fitzKRC@aol.com 

www.kyrc.org 

Tuesday, July 03, 2012 

Ms. Laura Lund 

Environmental Technologist ill 

Regulation Development Section 

Division for Air Quality 

1st Floor, 200 Fair Oaks Lane 

Frankfort, Kentucky 40601 

By email only Laura.Lund@ky.gov 

Dear Ms. Lund: 

These comments are submitted on behalf of the membership of the 

Kentucky Resources Council, Inc. concerning the proposed amendments to 

401 KAR 51:001, 51:017, and 51:052. Specific comments follow. 

401 KAR 51:001 

The proposed amendment to the definition of "baseline area" is 

inconsistent with the corresponding federal regulation. The federal 

regulation, 40 CFR 51.166(15)(i), defmes baseline area to mean 

"any intrastate area (and every part thereof) designated as attainment or 

unclassifiable under section 107(d)(l)(A)(li) or (lii) of the Act in which the 

major source or major modification establishing the minor source baseline 

date would construct or would have an air quality impact for the pollutant for 

which the baseline date is established, as follows: Equal to or greater than 1 

~g/m3 (annual average) for S02,N02, or PM! 0; or equal or greater than 0.3 

~g/m3 (annual average) for PM2.5." 

By contrast, the proposed state revision eliminates the phrase "equal to or 

greater than" with respect to the PM2.5 reference, so that only where a source was emitting 

precisely 0.3ug/m3 of PM 2.5, would the defmition be triggered. In order to maintain 

consistency, either a colon should be placed after "equal to or greater than" and before "one (1) 

uglm3" or the phrase "equal to or greater than" should be inserted before 0.3ug/m3 for PM2.5. 

Def'mition of "Regulated NSR Pollutant" 

EPA's regulati~ns defme what is a "regulated NSR pollutant" with respect to attainment and 

unclassified areas, in 40 CFR 51.166 with respect to the PSD program. and for permitting 
program under 40 CFR 51.165, for nonattainment areas. To the extent that the Cabinet intends 

to use a common definition of "regulated NSR pollutant" to cover both the permitting program 

for nonatta~nr,tg"eaflJWd the PSD program, the definition should be revised, or a second 

definition bl aaop'ted that incorporates and applies the definition to those permits issued pursuant 

to the state counterpart of 40 CFR 51.165. 

Definition of "Significant" 

The revision to the definition of "significant" to incorporate the TPY lirr.iits for nitrogen oxides 

and sulfur dioxide is ambiguous and needs revision in order to clearly incorporate the 

corresponding federal provisions. 

Under 40 CFR 51.165, with respect to the definition of"significant" in the context ofPM2.5 

emissions, significant means "PM2.5: 10 tpy of direct PM2.5emissions; 40 tpy of sulfur dioxide 

emissions; 40 tpy of nitrogen oxide emissions unless demonstrated not to be a PM2.5precursor 

under paragraph (a)(l)(xxxvii) of this section." 

The delimiting of "40 tpy of sulfur dioxide" with a semicolon makes clear that the phrase "unless 

demonstrated not to be a PM2.5 precursor under paragraph (a)(l)(xxxvii) of this Section" 

modifies only the preceding phrase "40 tpy of nitrogen oxide emissions" and does not limit those 

circumstances where sulfur dioxide emissions are considered significant. 

The corresponding state regulation defines significant to mean, in relevant part, "40 tpy of sulfur 

dioxide or nitrogen oxides for precursors*", thus creating some ambiguity as to whether the 

phrase "for precursors" modifies both sulfur dioxide and mitrogen oxides. A revision is 

appropriate to clarify that the consideration of whether the emissions are precursors is limited to 

nitrogen oxides and does not affect the threshold for PM2.5 when expressed as sulfur dioxide. 

401 KAR 51.017 and 401 KAR 51:052 

No comments. 

Thanks in advance for your consideration of these comments. 

Cordially, 

Is/ 

Tom FitzGerald 

Director 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 4 

Leonard K. Peters, Secretary 

Energy and Environment Cabinet 

Office of Secretary 

500 Mero Street 

12th Floor, Capital Plaza Tower 

Frankfort, Kentucky 40601 

Dear Mr. Peters: 

ATLANTA FEDERAL CENTER 

61 FORSYTH STREET 

ATLANTA, GEORGIA 30303·8980 

July 26, 2012 

! ' ~" ;! 'I' ' I I, 

JUL 3 1 2012 

The Region 4 Office of the U. S. Environmental Protection Agency received the Commonwealth of 

Kentucky June 18, 2012, preheating State Implementation Plan (SIP) from the Kentucky Division for 

Air Quality (KDAQ) revising regulations at401 KAR 51:001, 51:017 and 51:052. The submittal revises 

Kentucky's New Source Review (NSR) permitting program to adopt and implement fine particulate 

matter (PM2.s) national ambient air quality slandards (NAAQS) permitting requirements promulgated in 

the May 16, 2008 NSR PM2.5 Implementation Rule and the October 20, 2010, PM2.5!ncrements, 

Significant Impact LevelS (SILs) and Significant Monitoring Concentration (SMC) Rule at 40 CFR 

52.21 and 51.166. We have completed our preliminary review and offer comments below regarding the 

adoption of SILs and SMC and ongoing litigation, as well as an enclosure to this letter for your review 

and consideration. 

Tbe EPA's authority to implement the PM23 SILs and SMC for Prevention of Significant Deterioration 

(PSD) purposes as promulgated on October 20, 2010, has been cballenged by the Sierra Club (Sierra 

Club v, EPA, Case No 10-1413 United States Court of Appeals for the District of Columbia). The 

outcome of this litigation could impact the EPA's ability to approve these provisions into the 

Commonwealth's SIP. More information regarding the litigation is available in the EPA's April 6, 2012, 

Respondent's Brief to the Court (Brief). In the Briel; the EPA affirms its authority to promulgate and 

implement the PM2.s SILs and that the agency will continue to rely on those SILs promulgated at40 

CFR 51.165(b). The EPA recognizes that Kentucky airesdy relies on the EPA SILs fur uther criteria 

pollutants through air permitting and modeling guidance per 40 CFR Part 51, appendix W "Guidelioe on 

Air Quality Models. (401 KAR 51 :052, Section 3). The EPA plans to issue guidance in the near future 

on bow the PM2.5 SIL thresholds in 40 CFR 51.165(b) may be properly applied as part of a PSD 

compliance demonstration to show that a source's impact will not cause or contribute to a violation of 

the PM2.s NAAQS or PSD increments. This guidance would apply until revised regulations can be 

finalized. 

Regarding the PM2,s SMC, the EPA reaffirmed in the April 6, 2012, Brief; that the Agency has the 

authority to promulgate and implement the SMC fur the purposes ofPM2.s· The EPA recommends 

KDAQ contiuue with rulemaking but note that future Court action may necessitate subsequent rule 

revisions and SIP submittals on your part 

Internet Address (UAL) • http://www.epagov 

Ra<:y<:led/Recycl~ble •Printad wHtl Vegetabla on Based Inks on Recycled Pap11r (Minlmum 3l:J% Postamsumer) 
We appreciate your transmittal of this package for our consideration. If you have aoy questions, pleaae 

contact Ms. Lyoorae Benjamin, Chief, Regulatory Development Section at ( 404) 562-9040, or have your 

staff contact Ms. Twunjala Bradley at (404) 562-9352. 

Enclosure 

cc: John Lyons, KDAQ 

Sincerely, 

12~~--

R. Scott Davis 

Chief 

Air Planning Braoch 
EPA Comments for Prehearing Submittal for 

Kentucky NSR PM,~ Implementation 

NSR PMu Rule and PM25 PSD Increment-SILs-SMC Rule 

I. Key comments 

401 !{AR51:001 

I. The fullowing comments refer to the definition of"Reguiated NSR Pollutanf' at 401 KAR 

51:001, Section I, (207): 

• (207)(a)1-4- The revision adds the precursors fur ozone and PM,,s in "all attainment and 

unclaasifiable areas." Since the definition appears to be applicable fur both the PSD and 

nonattainment NSR programs in Kentucky's rules, it should be revised so that it applies 

in nona.ttainrnent areas as well. 

• (207)(a) 3 & 4 - The definition includes the standard federal language indicatiog that 

nitrogen oxides (NOx) are presumed to be a PM2.s precursor and volatile nrganic 

compounds (VOC) are presumed not to be a precursor unless denlonstrated otherwise. 

The definition is unclear as to who can approve demonstrations ofNOx insignificance 

and VOC significance as a PM2,

5 precursor. Furthermore, the table fur the definition of 

"significant" at 401 KAR 51 :001(218) contains a footoote indicatiog that NOx is 

evaluated unless demonstrated not to be a precursor. Pursuant to the May 16, 2008, NSR 

PM2.s Rule, a demonstration to sbow that NOx is not a PM2.s precursor or that VOCs 

and/or ammonia should be precursors would bave to be si:ibntitted to the EPA for 

approval into the SIP to change the presumption. PI esse clarify the Division's position on 

wbicb pollutants are precursors for PM,, in Kentucky. Additionally, the phrase "to the 

EPA Adntinistrator's satisfaction" should be edded following the word "demonstrated" to 

clarify that the EPA approval of such demonstration would be required for reversal of 

precursorpresumptioos. See 40 CFR 51.166(b)(49). 

ll. General Comments 

401 KAR 51:001 

2. (207)(a)4. -The definition provides that VOCs are presumed not to be a PM,,s precursor. 

However, to be consisteot with the federal rule at 51.165(a)(I)(JO<Xvii)(C)(4), the EPA 

recommends adding that ammonia also js presumed not to be a PM2.s precursor in nonattainment 

areas. 

3. (207)(a)S. -The definition does not include the January I, 2011, applicability date for 

consideration of gaseous PMto and PM2.s emissions. Please note that based on this draft 

Kentucky rule, aU pennit applicants will be required to include gaseous entissions as part of 

PM10 and PM2.s entissions, including any for whicb applicability detenninstions may bave been 

made prior to this date. Also regarding condensables, the definition includes "particulate matter 

I 
emissions" as well as PM to and PM2.s emissions. Consistent with EP Ns proposed rule revision, 

we recommend leaVing out "particulate matter emissioDB." See 77 FR 15656, March 16, 2012. 

4. Section 1, Introductory Paragraph· The incorporation by reference (IBR) effective date, 

July I, 2010, is proposed for deletion. This datewss added in the December 13,2010, Tailoring 

Rule SIP revision submittal to incorporate the version of the CFR containing the definition of 

"subject to regulation. 11 Without a specific date, it is unclear which version of the federal rule is 

being incorporated by reference. The EPA suggests KDAQ not remove this date to establish 

which veraion of the CFR is incorporated into the SIP. 

401 KAR 51:017 

5. Section 14, (5)(b)-The Clsss I variances revisioDB proposed to IBR "the pollutants ss specified 

in 40 CFR 51.166(p)( 4)." However, this IBR does not include an effective date. Without a 

specific date, it is unclear which version of the federal rule is being incorporated by reference. 

The EPA suggests KDAQ specify the IBR date to ensure that the correct veraion of the CFR is 

inteuded for adoption into the SIP. 

2 
r- --5Tr-rt:; --~-r·w; ~-rE- -!";:,-:~ 

'._ ,-- - ------ ---- --- ·---.. i' : '' 

, . ; ! ;! JUL 3 fol11Jllent~ ~f,ithe Ken~cky Chamber of Commerce. on Proposed Amendments to 

I,!' t!.

1

, tUIZ t ·.CC401 KAR 51:0011 401 KAR 51:017 and 401 KAR 51:052 

1 __ " ., ·:,:-, :-- _. ___ .: __ ) I Published in the July 1, 2012 Kentucky Register i I';O:;J;;a, t'i: ,,,,If_, 0 '·''" 'i'!: :('lrJOil biJIICil 

:._ ~ __ , - [I 11ie~K.@itueky--GTh.amber of Commerce ("Kentucky Chamber"), founded in 1946, is an 

association of Kentucky businesses an'd is the largest, broad-based business association in 

Kentucky, The Kentucky Chamber represents more than 2, 700 member businesses that 

employ more than 50 percent of Kentucky's private workforce. The Kentucky 

Chamber's powerful grassroots network, through a partnership with more then 80 local 

chambers in the state, consists of25,000 business professionals. The business and 

industry members of the Kentucky Chamber have operations throughout the state that are 

subject to air quality regulations and requirements. The Kentucky Chamber also 

promotes economic development, including bringing new business operations to the 

Commonwealth. 

The Chamber appreciates the opportunity to provide the following comments on the 

Cabinet's proposed revisions to 401 KAR 51 tOOl, 401 KAR 51:017 and 401 KAR 

51:052. 

The Chamber generally supports the proposed amendments which will make the 

Kentucky regulations consistent with the federal requirements. The Chamber has the 

following comments regarding specific provisions in the proposal. 

L Proposed 401 KAR 51 :017 Section 1 (207)(a)5 does not include the full text ofthe 

associated federal provision in 40 CFR 51.166(b )( 49) with respect to condensible 

PM emissions. The Chamber believes the provisions should be consistent. If the 

Division disagrees, please explain the basis for the discrepancy in the response to 

comments. 

2. Proposed 401 KAR 51:017 Section 9(2) does not include the federal provision for 

Class. III area impacts. The Chamber believes the provisions should be 

consistent. If the Division disagrees, please explain the basis for the discrepancy 

in the response to comments. 

If you have any questions regarding these comments, please contact Chad Harpole, 

Kentucky Chamber of Commerce, (502) 695-4200. 

4825779_2.doc 
STATEMENTS OF CONSIDERATION 

& 

REGULATIONS 

(as amended in response to comment) 
STEVEN L. BESHEAR 

GOVERNOR 

Ms. Donna Little 

Regulations Compiler 

ENERGY AND ENVIRONMENT CABINET 

OFFICE OF THE SECRETARY 

500 MERO STREET 

tzrn FLOOR, CAPITAL PLAZA TOWER 

FRANKFORT, KY 40601 

TELEPHONE: 502-564...3350 

FACSIMILE: 502-564-3354 

September 11,2012 

Legislative Research Commission 

Capitol Annex Building, Room 029 

Frankfort, Kentucky 4060 I 

Dear Ms. Little: 

lll:N\RD K llllffi'l 

SECRETARY 

Pursuant to KRS Chapter 13A, the .Energy and Environment Cabinet hereby files the 

Statement of Consideration and the following administrative regulations as amended after the 

close of the comment period: 

401 KAR 51:001. Def'mitions for 401 KAR Chapter 51. 

401 KAR 51:017. Prevention of significant deterioration of air quality. 

A public hearing to receive comments on the proposed administrative regulations was 

conducted on July 24,2012, in Conference Room 201B of the Division for Air Quality, 200 Fair 

Oaks Lane, Frankfort, Kentucky. The original and five copies of this submittal are enclosed, and 

an electronic copy has been forwarded to you. 

Please contact Laura Lund at 564-3999, ext. 4428, if you have any questions regarding 

this submittal or the public hearing. 

LKPIII 

Enclosures 

KentuckyUnbridledSpirit.com 

;~ Leonard K. Peters 

Secretary 

An Equal Opportunity Employer M/F/D 
Steven L. Beshear 

Governor 

Scott Davis, Chief 

Air Planning Branch 

Energy and Environment Cabinet 

Department for Environmental Protection 

Division for Air Quality 

200 Fair Oaks Lane, 1st Floor 

Frankfort, Kentucky 40601·1403 

air.ky.gov 

September 13,2012 

Air Pesticides and Taxies Management Division 

U.S. EPA, Region 4 

61 Forsyth Street, SW 

Atlanta, Georgia 30303 

Dear .rvf:r. Davis: 

Leonard K. Peters 

Secretary 

The Kentucky Division for Air Quality has enclosed a copy of the following amended 

administrative regulations and the Statements of Consideration, filed with. the Legislative 

Research Commission on September 12, 2012. Electronic copies have also been submitted. 

These amendments were made in response to comments received during the public comment 

period, which ended on July 31, 2012. 

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

401 KAR 51 :017. Prevention of significant deterioration of air quality. 

The Administrative Regulation Review Subcommittee will review the amendments at its 

October 2012 meeting. Please contact me at (502) 564·3999, ext. 4428, or via email at 

Laura.Lund@ky.gov, if you have any questions concerning the regulations or tl:rte Statements of 

Consideration. 

Cc: Zuri Farngalo 

Lynorae Benjamin 

Enclosures 

KentuckyUnbridledSpirit.com 

Sincerely, 

Laura Lund 

Environmental Technologist III 

An Equal Opportupity Employer MIF/D 
1 ENERGY AND ENVIRONMENT CABINET 

2 Department for Environmental Protection 

3 Division for Air Quality 

4 (Amended After Comments) 

5 401 KAR 51:001. Definitions for 401 KAR Chapter 51. 

TIM tiL~~~~~; ,LAC 

SEP 1 2 2012 

.~l-~ 

REGULATIONS COMPILER 

6 RELATES TO: KRS 48.010(15)(a), 224.01-010, 224.20-100, 224.20-110, 224.20-

7 120, 40 C.F.R. Chapter I, 50 Appendices A-R, 51.100, 51.121, 51.165, 51.166, 51 

8 Appendix S, 52.920, 53, 60, 60 Appendices A, B, 61, 61 Appendix B, 63 Appendices A9 D, 70.2, 75, 82, 96, 42 U.S.C. 7401-7671q 

10 STATUTORY AUTHORITY: KRS 224.10-100(5) 

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

12 cabinet to promulgate administrative regulations for the prevention, abatement, and 

13 control of air pollution. This administrative regulation defines the terms used in 401 KAR 

14 Chapter 51. The definitions contained in this administrative regulation are not [neither] 

15 more stringent [nor otherwise different] than the corresponding federal definitions. 

16 Section 1. Definitions. The definitions with citations to the Code of Federal 

19 (1) "Acid rain emissions limitation" m8ans a limitation on emissions of S02 or NOx 

20 imposed by the Acid Rain Program under 42 U.S.C. 7651 to 7651o. 

21 (2) "Actual emissions": 

1 
1 (a) Means the actual rate of emissions of a regulated NSR pollutant from an 

2 emissions unit as determined according to the following: 

3 1·. Actual emissions as of a particular date equals the aver8ge rate, in tons per year, 

4 at which the unit actually emitted the pollutant during a consecutive twenty-four (24) 

5 month period, that pr~cedes that date and is representative of normal source operation, 

6 unless a different time period is more representative of normal source operation; and 

7 2. The unit's actual operating hours, production rates, and types of materials 

8 processed, stored, or combusted during the selected time periods are used to calculate 

9 actual emissions; 

10 (b) Means source-specific allowable emissions for the unit are equivalent to actual 

11 emissions of the unit if the cabinet has made an equivalency determination pursuant to 

12 40 C.F.R. 51.166; 

13 (c) Means, for an emissions unit that has not begun normal operations on a 

14 particular date, the potential to emit of the unit on that date; and 

15 (d) Does not mean: 

16 1. Calculating .if a significant emissions increase has occurred; or 

17 2. Establishing a PAL under401 KAR 51:017, Section 20. 

18. (3) "Actuals PAL" or "PAL" means a plant-wide applicability limit established for a 

19 major stationary source based on the baseline actual emissions of all emissions units at 

20 the source that emit or have the potential to emit the PAL pollutant. 

21 (4) "Adverse impact on visibility" is defined by 40 C.F.R. 51.301. 

22 (5) "Affected facility" means an apparatus, building, operation, road, or other entity 

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

2 
1 atmosphere. 

2 (6) "Air contaminant" is defined by KRS 224.01-01 0(1). 

3 (7) "Air pollutant" means air contaminant. 

4 (8) "Air pollution" is defined by KRS 224.01-010(3). 

5 (9) "Air pollution control equipment 11 means a mechanism, device, or contriv~mce 

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

7 and administrative reg.ulations, vital to production of the normal product of the source or 

8 to its normal operation. 

9 (10) "Allocate" or "allocation" means the number of NOx allowances to be credited 

1 0 to a NOx budget unit. 

11 (11) "Allocation period" means each three (3) year period beginning May 1, 2004. 

12 (12) "Allowable emissions" means: 

13 (a) The emissions rate of a stationary source calculated using the maximum rated 

14 capacity of the source, unless the source is subject to federally enforceable limits that 

15 restrict the operating rate, hours of operation, or both, and the most stringent of the 

16 following: 

17 1. The applicable standards codified in 40 C.F.R. Parts 60 and 61; 

18 2. The applicable SIP emissions limitations, including those with a future compliance 

19 date; or 

20 3. The emissions rates specified as a federally enforceable permit condition, 

21 including those with a future compliance date; or 

22 (b) For an actuals PAL, the emissions rate of a stationary source calculated 

23 considering any emissiot:J limitations that are. enforceable as a practical matter on the 

3 
1 emissions unit's potential to emit, and the most stringent provision of paragraph (a)1. 

2 through 3. of this subsection. 

3 (13) "Alteration" means: 

4 (a) The installation or replacement of air pollution control equipment at a source; or 

5 (b) A physical change in or change in the method of operation of an affected facility 

6 that increases the potential to emit a pollutant, to which a standard applies, emitted by 

7 the facility or that results in the .emission of an air pollutant, to which a standard applies, 

8 not previously emitted. 

9 (14) "Alternative method" is defined by 40 C.F.R. 60.2. For purposes of this 

10 definition, "administrator" means both the U.S. EPA and the cabinet. 

11 (15) "Ambient air" means that portion of the atmosphere, external to buildings, to 

12 which the general public has access. 

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

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

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

16 through the application of appropriate preventive or control measures. 

17 (17) "ANSI" means American National Standards Institute. 

18 (18) "AOAC" means Association of Official Analytical Chemists. 

19 (19) "ASTM" means American Society for Testing and Materials. 

20 (20) "Baseline actual emissions" means the rate of emissions, in tons per year, of a 

21 regulated NSR pollutant, that: 

22 (a) For an existing electric utility steam generating unit (EUSGU), the unit actually 

23 emitted during any consecutive tw.enty-four (24) month period selected by the owner or 

4 
1 operator within the five (5) year period immediately preceding the date the owner or 

2 operator begins actual construction of the project, unless a different twenty-four (24) 

3 month time period is more representative of normal source operation. 

4 1. The rate is an average that: 

5 a. Includes fugitive emissions, to the extent quantifiable, and emissions associated 

6 with startups, shutdowns, and malfunctions; 

7 b. Is adjusted downward to exclude any noncompliant emissions that occurred while 

8 the source was operating above an emission limitation that was legally enforceable 

9 during the consecutive twenty-four (24) month period; and 

10 c. Is based on any consecutive twenty-four (24) month period for which there is 

11 adequate information for determining annual emissions, in tons per year, and for 

12 adjusting this amount as necessary according to clause b. of this subparagraph; and 

13 2. If a project involves multiple emissions units, only one (1) consecutive twenty-four 

14 (24) month period is used to determine the baseline actual emissions for the emissions 

15 units being changed with a different consecutive twenty-four (24) month period allowed 

16 for each regulated NSR pollutant; 

17 (b) For an existing emissions unit that is not an EUSGU, the unit actually emitted 

18 during any consecutive twenty-four (24) month period selected by the owner or operator 

19 within the ten (10) year period beginning on or after November 15, 1990, and 

20 immediately preceding the earlier of the date the Ol'!ner or operator begins actual 

21 construction of the project or the date a complete perinit application is received by the 

22 cabinet for a permit required under 401 KAR 51:017 or 51:052. 

23 1. The rate is an average that: 

5 
1 a. Includes fugitive emissions, to the extent quantifiable, and emissions associated 

2 with startups, shutdowns, and malfunctions; 

3 b. Is adjusted downward: 

4 (i) To exclude any noncompliant emissions that occurred while the source was 

5 operating above an emission limitation that was legally enforceable during the 

6 consecutive twenty-four (24) month period; 

7 (ii) To exclude any emissions that would have exceeded an emission limitation with 

8 which the major stationary source is required currently to comply, if the source had been 

9 required to comply with the limitations during the consecutive twenty-four (24) month 

10 period; and 

11 (iii) For an emission limitation that is part of a maximum achievable control 

12 technology standard proposed or promulgated under 40 C.F.R. Part 63, only if the 

.13 Commonwealth of Kentucky has taken credit for the emissions. reductions in an 

14 attainment demonstration or maintenance plan consistent with 40 C.F.R. 

15 51.165(a)(3)(ii)(G); and 

16 c. Is based on any consecutive twenty-four (24) month period for which there is 

17 adequate information for determining annual emissions, in tons per year, and for 

18 adjusting this amount as necessary according to clause b. of this subparagraph. 

19 2. If a project involves multiple emissions units, only one (1) consecutive twenty-four 

20 (24) month period is used for each regulated NSR pollutant to determine the baseline 

21 actual emissions for the emissions units being changed with a different consecutive 

22 twenty-four (24) month period; 

23 (c) For a new emissions unit, equals zero for determining the emissions increase 

6 
1 that will result from the initial construction and operation of the new unit and thereafter, 

2 for all other purposes, equals the unit's potential to emit; or 

3 (d) For a PAL for a stationary source, is determined as follows: 

4 1. For an existing EUSGU, in accordance with the procedures contained in 

5 paragraph (a) of this subsection; 

6 2. For other existing emissions units, in accordance with the procedures contained 

7 in paragraph (b) of this subsection; and 

8 3. For a new emissions unit, in accordance with the procedures contained in 

9 paragraph (c) of this subsection. 

10 (21) 118aseline area" means an intrastate area and every part of that area 

11 designated as attainment or unclassifiable pursuant to 42 U.S.C. 7407(d)(1)(A)(ii) or (iii) 

12 in which the major source or major modification establishing the minor source baseline 

13 date would construct or would have an air quality impact equal to or greater than one (1) 

14 ug/m3 annual average of the pollutant for which the minor source baseline date is 

15 established for S02, N01, or PM10 or equal to or greater than 0.3 ug/m3 annual 

16 average for PM~. 

17 (a) Area redesignations under 42 U.S.C. 7407(d)(1)(A)(ii) or (iii) do not intersect and 

18 are not smaller than the area of impact of a major stationary source or major 

19 modification that: 

20 1. Establishes a minor source baseline date; or 

21 2. Is subject to 401 KAR 51:017 and would be constructed in the Commonwealth of 

22 Kentucky. 

23 (b) A baseline area established originaliy for total suspended particulate (TSP) 

7 
1 increments remains in effect to determine the amount of available PM1o increments, 

2 unless the cabinet rescinds the corresponding minor source baseline date. 

3 (22) "Baseline concentration" means the ambient concentration level that exists in 

4 the baseline area on the date the applicable minor source baseline date is established. 

5 (23) "BaSeline date" means major source baseline date or minor source baseline 

6 date and is established for each pollutant for which increments or other equivalent 

7 measures have been established if the area in which the proposed source or 

8 modification would construct is designated as attainment or undassifiable pursuant to 

9 42 U.S.C. 7407(d)(1)(A)(ii) or (iii) for the pollutant on the date of the source's complete 

1 0 application; and 

11 (a) For a major stationary source, the pollutant would be emitted in significant 

12 amounts; or 

13 (b) For a major modification, there would be a significant net emissions increase of 

14 the pollutant 

15 (24) "Begin actual construction" means: 

16 (a) Initiation of physical on-site construction activities on an emissions unit that are 

17 of a permanent nature and include installation of building supports and foundations, 

18 laying underground pipe work, and construction of permanent storage structures; and 

19 (b) For a change in method of operations, those on-site activities, other than the 

20 preparatory activities, that mark the initiation of the change. 

21 (25) "Best available control technology" or "BACT' means an emissions limitation, 

22 including' a visible emissiori standard, based on the maximum degree of reduction for 

23 eacli regulated NSR pollutant that will be emitted from a proposed major stationary 

8 
1 source or major modification and: 

2 (a) Is determined by the cabinet pursuant to 401 KAR 51:017, Section 8, after taking 

3 into account energy, environmental, and economic impacts and other costs, to be 

4 achievable by the source or modification through application of production processes or 

5 available methods, systems, and techniques, including fuel cleaning or treatment or 

6 innovative fuel combustion techniques for control of that pollutant; 

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

8 allowed by an applicable standard codified in 40 C.F.R. Parts 60 and 61; and 

9 (c) Is satisfied by a design, equipment, work practice, or operational standard or 

10 combination of standards approved by the cabinet, if: 

11 1. The cabinet determines pursuant to 40 C.F.R. 51.166(b)(12) that technological or 

12 economic limitations on the application of measurement methodology to a particular 

13 8missions unit would make the imposition of an emissions standard infeasible; 

14 2. The standard establishes the emissions reduction achievable by implementation 

15 of the design, equipment, work practice, or operation; and 

16 3. The standard provides for compliance by means that achieve equivalent results. 

17 (26) "BOD" means biochemical oxidant demand. 

18 (27) "Boiler" means an enclosed fossil or other fuel-fired combustion device used to 

1 9 produce heat and to transfer heat to recirculating water, steam, or other medium. 

20 (28) "BTU" means British thermal unit. 

21 (29) "Building, structure, facility, or installation" means all of the pollutant emitting 

22 activities that: 

23 (a) Belong to the same industrial grouping or have the same two (2) digit major 

9 
1 group code as described in the Standard Industrial Classification Manual; 

2 (b) Are located on one (1) or more contiguous or adjacent properties; 

3 (c) Are under the control of the same person or persons under common control; and 

4 (d) Do not include the activities of a vessel. 

5 (30) ":C" means degree Celsius (centigrade). 

6 (31) "Cabinet" is defined by KRS 224.01-010(9). 

7 (32) "Cal" means calorie. 

8 (33) "Capital expendtture" is defined by 40 C.F.R. 60.2. 

9 (34) "elm" means cubic feet per minute. 

10 (35) "CH4' means methane. 

11 (36) "Clean coal technology" is defined by 40 C.F.R. 51.166(b)(33). 

12 (37) "Clean coal technology demonstration project" is defined by 40 C.F.R. I 

I 

13 51.166(b)(34). 

14 (38) "Clinker" means the product of a portland cement kiln from which finished 

15 cement is manufactured by milling and grinding. 

16 (39) "CO" means carbon monoxide. 

17 (40) "CO,, means carbon dioxide. 

18 (41) "COD" means chemical oxidant demand. 

19 (42)"Combined cycle system" means a system comprised of one (1) or more 

20 combustion turbines, heat recovery steam generators, or steam turbines configured to 

21 ·improve overall efficiency of electricity generation or steam production. 

22 (43) "Combustion turbine" means an enclosed fossil or other fuel-fired device that is 

23 comprised of a compressor, a combustor, and a turbine, and. in which the flue gas 

10 
1 resulting from the combustion· of fuel in the combustor passes through the turbine, 

2 rotating the turbine. 

3 (44) 11Commence" means that an owner or operator: 

4 (a) Has undertaken a continuous program of construction, modification, or 

5 reconstruction of an affected facility, or that an owner or operator has entered into a 

6 contractual obligation to undertake and complete, within a reasonable time, a 

7 continuous program of construction, modification, or reconstruction of an affected 

8 facility; or 

9 (b) For construction of a major stationary source or major modification in the PSD or 

10 NSR program, has a!l necessary preconstruction approvals or permits, and: 

11 1. Has begun, or caused to begin, a continuous program of actual on-site 

12 construction of the source, to be completed within a reasonable time; or 

13 2. Has entered into binding agreements or contractual obligations, that cannot' be 

14 cancelled or modified without substantial loss to the owner or operator, to undertake a 

15 program of actual construction of the source to be completed within a reasonable time. 

16 (45) "Commence commercial operation'~ means to have be9_un to produce steam, 

17 gas, or oth9r heated medium used to generate electricity for sale or use. Except as_ 

18 provided in 401 KAR 51:195 or40 C.F.R. 96.5: 

19 (a) For a unit that is a NOx budget unit under 40 C.F.R. 96.4, on the date the unit 

20 . commences commercial operation, the date remains the unit's date of commencement 

21 of commercial operation even !f the unit is subsequently modified, reconstructed, or 

22 repowered; or 

23 (b) For a unit that is not a NOx budget unit under 40 C.F.R. 96.4, on the date the 

11 
1 unit commences commercial operation, the ·date the unit becomes a NOx budget unit 

2 under 40 C.F.R. 96.4 is the unit's date of commencement of commercial operation. 

3 (46) "Commence operation" means, for a NOx budget unit, to have begun a 

4 mechanical, chemical, or electronic process, including start-up of a unit's combustion 

5 chamber. Except as provided in 401 KAR 51:195 or 40 C.F.R. 96.5: 

6 (a) For a unit that is a NOx budget unit under 40 C.F.R. 96.4 on the date of 

7 commencement of operation, the date remains the unit's date of commencement of 

8 operation even if the unit is subsequently modified, reconstructed, or repowered; or 

9 (b) For a unit that is not a NOx budget unit under 40 C.F.R. 96.4 on the date of 

10 commencement of operation, the date the unit becomes a NOx budget unit under 40 

11 C.F.R. 96.4 is the unit's date of commencement of operation. 

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

13 (48) "Compliance schedule" means a time schedule of remedial measures including 

14 an enforceable sequence of actions or operations leading to compliance with a limitation 

15 or standard. 

16 (49) "Compliance supplement pool" means the quantity of NOx allowances provided 

17 to Kentucky by the U.S. EPA to be: 

18 (a) Allocated to NOx budget units that achieve early reduction; or 

19 (b) Used to assist NOx budget sources that are unable to meet the compliance 

20 deadline as provided in 401 KAR 51:180, Section 5. 

21 (50) "Construction" means: 

22 (a) Fabrication, erection, installation, or modification of an air contaminant source; or 

23 (b) For the NSR program, any physical change or change in the method of 

12 
1 operation, including fabrication, erection, installation, dem~lition, or modification of an 

2 emissions unit that would result in a change in the emissions at an air contaminant 

3 source. 

4 (51) "Continuous emissions monitoring system" or "GEMS" means all of the 

5 equipment necessary to meet the data acquisition and availability requirements of 401 

6 KAR 51:017 or 51:052 to sample, condition (if applicable), analyze, and provide a 

7 record of emissions on a continuous basis. 

8 (52) "Continuous emission monitoring system for NOx" or "GEMS for NOx" means 

9 the equipment required to sample, analyze, measure, and provide, by readings taken at 

10 least once every fifteen (15) minutes of the measured parameters, a permanent record 

11 of NOx emissions, expressed in tons per hour for NOx. The following systems are 

12 necessary component parts, as required by 40 C.F.R. Part 75, included in a continuous 

13 emissions monitoring system: 

14 (a) Flow monitor; 

15 (b) NOx pollutant concentration monitor; 

16 (c) Diluent gas monitor (02 or C02); 

17 (d) Continuous moisture monitor; and 

18 . (e) Automated data acquisition and handling system. 

19 (53) "Continuous emissions rate monitoring system" or "GERMS" is defined by 40 

20 C.F.R 51.166(b)(46). 

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

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

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

13 
1 process parameters .. 

2 (55) "Continuous parameter monitoring system" or "CPMS" is defined by: 

3 (a) 40 C.F.R. 51.166(b)(45) for 401 I<AR 51 :017; or 

4 (b) 40 C.F.R. 51.165(a)(1)(xxxiii) for 401 I<AR 51:052. 

5 (56) "Control period" means the period beginning May 1 of a year and ending on 

6 September 30 of the same year, inclusive. 

7 (57) "Director" means Director of the Division for Air Quality of the Energy and 

8 Environment Cabinet. 

9 (58) "District" is defined by KRS 224.01-01 0(11 ). 

1 0 (59) "dscf' means dry cubic feet at standard conditions . 

. 11 (60) 11dscrl1" means dry cubic meter at standa"rd conditions. 

12 (61) "Electric generating unit" means, for 401 KAR 51:160 to 51:195, a fossil fuel13 fired boiler, combustion turbine, or a combined cycle system used to generate twenty14 five (25) megawatts or more of electricity, some of which is offered for sale. 

15 (62) "Electric utility steam generating unit" or "EUSGU" is defined by 40 C.F.R. 

16 51.166(b)(30). 

17 (63) "Emission standard" means that numerical limit that fixes the amount of an air 

18 contaminant or air contaminants that may be vented into the atmosphere from an 

19 affected facility or from air pollution control equipment installed in an affected facility. 

20 (64) "Emissions unit" means any part of a stationary source, including an EUSGU, 

21 that emits or has the potential to emit a regulated NSR pollutant. For 401 KAR 51:017 

22 and 51:052, there are two (2) types of emissions units: 

23 (a) A new emissions unit, which is any emissions unit that is or will be newly 

14 
1 constructed and that has existed for less than two (2) years from the date the unit first 

2 operated; and 

3 (b) An existing emissions unit, which is any emissions unit that does not meet the 

4 requirements in paragraph (a) of this subsection or is a replacement unit. 

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

6 contained in a permit or compliance schedule include: 

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

8 subject to the standards; 

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

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

11 the limitations and standards, including appropriate monitoring, recordkeeping, and 

12 reporting. 

13 (66) "Equivalent method" means a method of sampling and analyzing for an air 

14 pollutant that has been demonstrated to the cabinet and the U.S. EPA pursuant to 40 

15 C.F.R. 53.3 to have a consistent and quantitatively known relationship to the reference 

16 method, under specified conditions. 

17 (67) "Excess NOx emissions!! mean~ any tonnage of nitrogen oxides .emitted by a 

18 NOx budget unit during a control period that exceeds the NOx budget emissions 

19 limitation for the unit. 

20 (68) "Exempt compound" or 11exempt solvent" means an organic compound listed in 

21 the definition of volatile organic compound as not participating in atmospheric 

22 photochemical reactions. 

23 (69) "Existing source" means a source that is not a new source. 

15 
1 (70) 11Extreme nonattainment county" or "extreme nonattainment area" means a 

2 county or portion of a county designated extreme nonattainment for the national 

3 ambient air quality standard for ozone, 

4 (71) "°F" means degree Fahrenheit. 

5 (72) "Federal land manager" is defined by 40 C.F.R. 51.166(b)(24). 

6 (73) "Federally enforceable" means all limitations and conditions that are 

7 enforceable by the U.S. EPA, including: 

8 (a) Requirements developed under40 C.F.R. Parts 60 and 61; 

9 (b) Requirements in the Kentucky State Implementation Plan (SIP) approved by the 

10 U.S. EPA; and 

11 (c) Any permit requirements established under 40 C.F.R. 52.21 or under the 

12 Kentucky SIP approved pursuant to 40 C.F.R. Part 51, Subpart I, including operating 

13 permits issued under a U.S. EPA-approved program incorporated into the SIP, that 

14 expressly requires adherence to a permit issued under the program, 

15 (74) "Federally enforceable permit" means a permit issued under 401 KAR 52:020 

16 or 52:030, as appropriate. 

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

18 components. 

19 (76) "Fossil fuel" means natural gas; petroleum; coal; or a form of solid, liquid, or 

20 gaseous fuel derived from natural gas, petroleum, or coal. 

21 (77) "Fossil fuel fired" means, for a unit: 

22 (a) The combustion of fossil fuel, alone or in combination with another fuel, if the 

23 fossil fuel combusted comprises more than fifty (50) percent of the annual heat input on 

16 
1 a BTU basis during a year starting in 1995 or, if a unit had no heat input starting in 

2 1995, during the last year of operation of the unit prior to 1995; or 

3 (b) The combustion of fossil fuel, alone or in combination with another fuel, if the . 

4 fossil fuel is projected to comprise more than fifty (50) percent of the annual heat input 

5 on a BTU basis during a year, and the unit is to be fossil fuel fired as of the date during 

6 the year the unit begins combusting fossil fuel. 

7 (78) "It" means feet or foot. 

8 (79) "Fuel" means natural gas; petroleum; coal; wood; or a form of solid, liquid, or 

9 gaseous fuel derived from these materials for the purpose of creating useful heat. 

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

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

12 (81) "g" means gram. 

13 (82) "gal" means gallon. 

14 (83) "General fund" is defined by KRS 48.010(15)(a). 

15 (84) "Generator" means a device that produces electricity. 

16 (85) "gr' means grain. 

17 (86) "HCI" means hydrochloric acid. 

18 (87) "Heat input" means the product, in MMBTU per unit of time, of the gross 

19 calorific value of the fuel, in BTU per lb, and the fuel feed rate into a combustion device, 

20 in mass of fuel per unit of time, that: 

21 (a) Does not include the heat derived from preheated combustion air, recirculated 

22 flue gases, or exhaust from other sources; and 

23 (b) Is measured, recorded, and reported to the cabinet. 

17 
1 (88) "HF" means hydrogen fluoride. 

2 (89) "Hg" means mercury. 

3 (90) "High terrain" is defined by 40 C.F.R. 51.166(b)(25). 

4 (91) "hr" means hour. 

5 (92) "Hydrocarbon" means an organic compound consisting predominantly of 

6 carbon and hydrogen. 

7 (93) "Hydrocarbon combustion flare" means: 

8 (a) A fiare used to comply with an applicable New Source Performance Standard 

9 (NSPS) or Maximum Achievable Control Technology (MACT) standard, including uses 

10 of fiares during startup, shutdown, or malfunction permitted under the standard; or 

11 (b) A fiare that serves to control emissions of waste streams comprised 

12 predominately of hydrocarbons and containing no more than 230 ~g/dscm hydrogen 

13 sulfide. 

14 (94) "H20" means water. 

15 (95) "H2S" means hydrogen sulfide. 

16 (96) "H2S04• means sulfuric acid. 

17 (97) "in" means inch. 

18 (98) 111ncineration" means the process of igniting and burning solid, semisolid, liquid, 

19 or gaseous combustible wastes. 

20 (99) "Industrial boiler or turbine" means a fossil fuel-fired boiler, combustion turbine, 

21 or a combined cycle system having a maximum design heat input of 250 MMBTU per 

22 hour or more that is not an electric generating unit. 

23 (100) "Innovative control technology'' is defined by 40 C.F.R. 51.166(b)(19). 

18 
1 (101) "Intermittent emissions" means emissions of particulate matter into the open 

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

3 (102) "J" means joule. 

4 (103) "Kg" means kilogram. 

'5 (104) "I" means liter. 

6 (105) "lb" means pound. 

7 (1 06) "Legally enforceable" means the cabinet or the U.S. EPA has the authority to 

8 enforce a certain restriction. 

9 (107) "Long dry kiln" means a kiln that employs no preheating of the feed and has a 

10 dry inlet feed. 

11 (108) "Long wet kiln" means a kiln that employs no preheating of the feed and the 

12 inlet feed to the kiln is a slurry. 

13 (1 09) "Low terrain" means an area other than high terrain. 

14 (11 0) "Lowest achievable emissions rate11 or "LAER" means, for any source: 

15 (a)1. The most stringent emissions limitation that is contained in the Kentucky SIP 

16 for the class or category of stationary source, unless the owner or operator of the 

17 proposed stationary sourCe demonstrates that the limitation is not achievable; or 

18 2. The most stringent emissions limitation achieved in practice by the class or 

19 category of stationary source; 

20 (b) For a major modification, the lowest achievable emissions rate for the new or 

21 modified emissions units at the stationary source; and 

22 (c) An emissions limitation that does not exceed the ·allowable emissions of ar 

23 applicable standard established pursuant to 40 C.F.R. Parts 60, 61, or 63. 

19 
1 (111) "m" means meter. 

2 (112) "m3

" means cubic meter. 

3 (113) "Major emissions unit" means: 

4 (a) Any emissions unit that emits or has the potential to emit 100 tons per year or 

5 more of a PAL pollutant in an attainment area; or 

. 6 (b) Any emissions unit that emits or has the potential to emit a PAL pollutant in an 

7 amount that is equal to or greater than the major source threshold for the PAL pollutant 

8 as defined by the Clean Air Act, 42 U.S.C. 7401 - 7671q for nonattainment areas. 

9 (114) "Major modification" means a physical change in or a change in the method of 

10 operation of a. major statio[la_ry source tba! results in a significan~ erl}issiqns increase 

11 and a significant net emissions increase of a regulated NSR pollutant. 

12 (a) A significant emissions increase from any emissions units or net emissions 

13 increase at a major stationary source that is significant for volatile organic compounds 

14 or nitrogen oxides is considered significant for ozone. 

15 (b) A physical change or change in the method of operation does not include: 

16 1. Routine maintenance, repair, and replacement; 

17 2. Use at alternative fuel or raw material by reason of an order ai a natural gas 

18 curtailment plan in effect under a federal act; 

19 3. Use of an alternative fuel at a steam generating unit to the extent that the fuel is 

20 ge~erated from municipal solid waste; 

21 4. Use of an alternative fuel or raw material by a stationary source that: 

22 a. The source was capable of accommodating before January 6, 1975, for 401 KAR 

23 51:017, or December 21, 1976, for 401 KAR 51:052; unless the change would be 

20 
1 prohibited by a federally enforceable permit condition that was established after January 

2 6, 1975, for 401 KAR 51:017, or December 21, 1976, for 401 KAR 51:052, pursuant to 

3 40C.F.R.51.165or51.166;or 

4 b. The source is approved to use by a permit issued pursuant to 401 KAR 51:017 or 

5 51 :052; 

6 5. An increase in the hours of operation or in the production rate, unless the change 

7 is prohibited by any federally enforceable permit condition established after January 6, 

8 1975, for 401 KAR 51:0.17 or December 21, 1976, for 401 KAR 51:052 pursuant to 40 

9 C.F.R. 52.21; after June 6, 1979, pursuant to 401 KAR 51:015; after September 22, 

10 1982, pursuant to 401 KAR 51:017; or pursuant to 401 KAR 52:020 and 51:016E; 

11 6. A change in ownership at a statio~ary source; 

12 7. The installation, operation, cessation, or removal of a temporary clean coal 

13 technology demonstration project, if the project complies with the Kentucky SIP and 

14 other requirements necessary to attain and maintain _the national ambient air quality 

15 standards during the project and after it is terminated; 

16 8. The installation or operation of a permanent clean coal technology demonstration 

17 project that constitutes repowering, if the project does· not result in an increase in the 

18 potential to emit of a regulated pollutant emitted by the unit, on a pollutant-by-pollutant 

19 basis; or 

20 9. The reactivation of a very clean coal-fired electric utility steam generating unit. 

21 (c) Instead of this definition, the definition for "PAL major modification", in subsection 

22 (175) of this section, is used for a particular regulated NSR pollutant, if the major 

23 stationary source is complying with the requirements of 401 KAR 51:017, Section 20, 

21 
1 and 401 KAR 51:052, Section 11, for a PAL for that pollutant. 

2 (115)"Major NSR permit" means a permit issued under Kentucky's PSD or NSR 

3 program. 

4 (116) "Major source" means a source with a potential emission rate equal to or 

5 greater than 100 tons per year of any one (1) of the following pollutants: particulate 

6 matter, sulfur oxides, nitrogen oxides, volatile organic compounds, carbon monoxide, or 

7 ODS. 

8 (117) "Major source baseline date" means: 

9 (a) For PM10 [partieulate matter] and sulfur dioxide, January 6, 1975; [afl<l] 

10 (b) For nitrogen dioxide, February 8, 1988; and 

11 (c) For PM,.s, October 20, 2010. 

12 (118) "Major stationary source" means: 

13 (a)1. A stationary source of air pollutants that emits, or has the potential to emit, 100 

14 loris per year or more of a regulated NSR pollutant, except that: 

15 a. For ozone nonattainment areas: 100 tons per year of more of volatile organic 

16 compounds or nitrogen oxides in a marginal or moderate ozone nonattainment area; 

17 fifty (50) tons per year or more of volatile organic compounds or nitrogen oxides in a 

18 serious ozone no.nattainment area; twenty-five (25) fans per year or more of volatile 

19 omanic compounds or nitrogen oxides in a severe ozone nonattainment area; or ten 

20 (1 0) tons per year or more of volatile organic compounds or nitrogen oxides in an 

21 extreme ozone nonattainment area; 

22 b. Fifty (50) tons per year. or more of carbon monoxide in a serious carbon monoxide 

23 nonattainment area where stationary S':JUrces contribute significantly to Carbon 

22 
1 monoxide levels; and 

2 c. Seventy (70) tons per year or more of particulate matter (PM10) in a serious PM10 

3 nonattainment area; or 

4 2.a. For the PSD program, any of the following stationary sources of air pollutants 

5 that emits, or has the potential to emit, 100 tons per year or more of a regulated NSR 

6 pollutant: fossil fuel-fired steam electric plants of more than 250 million BTU per hour 

7 · heat input, coal cleaning plants with thermal dryers, kraft pulp mills, Portland cement 

8 plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction 

9 plants, primary copper smelters, municipal incinerators capable of charging more than 

10 250 tons of refuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum 

11 refineries, lime plants, phosphate rock processing plants, coke oven batteries, sulfur 

12 recovery plants, carbon black plants (furnace process), primary lead smelters, fuel 

13 conversion plants, sintering plants, secondary metal production plants, chemical 

14 process plants, except ethanol production facilities producing ethanol by natural 

15 fermentation under the North American Industry Classification System (NAICS) codes 

16 325193 or 31214(), fossil fuel boilers, or combination of fossil fuel boilers, totaling more 

17 than 250 million BTU per hour heat input, petroleum storage and transfer units with a 

18 total storage capacity exceeding 300,000 barrels, taconite ore processing plants, glass 

19 fiber processing plants, and charcoal production plants; and 

20 b. Regardless of the stationary source size specified in clause a. [subclause (i)] of 

21 this subparagraph [clause]. a stationary source that emits, or has the potential to emit, 

22 250 tons per year or more of a regulated NSR pollutant; or 

23 3. Any physical change that will occur at a stationary source not otherwise qualifying 

23 
1 under this subsection as a major stationary source, if the change will constitute a major 

2 stationary source by itseW; 

3 (b) A source that is major for volatile organic compounds or nitrogen oxides is 

4 considered major for ozone; and 

5 (c) Fugitive emissions are included only if the source belongs to one (1) of the· 

6 following categories of stationary Sources: 

7 1. Coal cleaning plants with thermal dryers; 

8 2. Kraft pulp mills; 

9 3. Portland cement plants; 

10 4. Primary zinc smelters; 

11 5. Iron and steel mills; 

12 6. Primary aluminum ore reduction plants; 

13 7. Primary copper smelters; 

14 8. Municipal incinerators capable of charging more than 250 tons of refuse per day; 

15 9. Hydrofluoric, sulfuric, or nitric acid plants; 

16 10. Petroleum refineries; 

17 11. Lime plants; 

18 12. Phosphate rock processing plants; 

19 13. Coke oven batteries; 

20 14. Sulfur recovery. plants; 

21 15. Carbon black plants (furnace process); 

22 16. Primary lead smelters; 

23 17. Fuel conversion plants; 

24 
1 18. Sintering plants; 

2 1.9. Secondary metal production plants; 

3 20. Chemical process plants, except ethanol production facilities producing ethanol 

4 by natural fermentation under NAICS codes 325193 or 312140; 

· 5 21. Fossil-fuel boilers, or combination of fossil-fuel boilers, totaling more than 250 

6 million BTUs per hour heat input; 

7 22. Petroleum storage and transfer units with a total storage capacity exceeding 

8 300,000 barrels; 

9 23. Taconite ore processing plants; 

10 24. Glass fiber processing plants; 

11 25. Charcoal production plants; 

12 26. Fossil fuel-fired steam electric plants of more than 250 million .BTUs per hour 

13 he.at input; or 

14 27. Another stationary source category that, as of August 7, 1980, is being regulated 

15 under42 U.S.C. 7411 or7412. 

16 (119) "Malfunction" means a sudden and infrequent failure of air pollution control 

17 equipment, process equipment, or a process to operate in a normal or usual manner 

18 that is not caused entirely or in part by poor maintenance, careless operation, or other 

19 upset condition or equipment breakdown that is reasonably preventable. 

20 (120) "Mandatory Class I area" means an area identified in 40 C.F.R. Part 81, 

21 Subpart D, if the administrator of the U.S. EPA, in consultation with the Secretary of the 

22 U.S. Department of Interior, has determined visibility to be an important value. 

23 (121) "Marginal nonattainment county" or "marginal nonattainment area" means a 

25. 
1 county or portion of a county designated marginal nonattainment for the national 

2 ambient air quality standard for ozone. 

3 (122) "Maximum design heat input" means the ability of a unit to combust a stated 

4 maximum amount of fuel per hour on a steady state basis, as detenmined by the 

5 physical design and physical characteristics of the unit. 

6 (123) "Maximum potential hourly heat input" means an hourly heat input used for 

7 reporting purposes if a unit lacks certified monitors to report heat input and is: 

8 (a) A value calculated according to 40 C.F.R. Part 75 using the maximum fuel fiow 

9 rate and the maximum gross calorific value, if the unit intends to use 40 C.F.R. Part 75, 

10 Appendix D, to report heat input; or 

11 (b) A value reported according to 40 C.F.R. Part 75 using the maximum potential 

12 flow rate and either the maximum percent C02 concentration (in percent CO,) or the 

13 minimum percent 02, if the unit iQtends to use a flow monitor and a diluents gas 

14 monitor. 

15 (124) "Maximum potential NOx emission rate" means the emission rate of NOx (in lb 

16 per MMBTU) calculated according to 40 C.F.R. Part 75, Appendix F, Section 3, using 

17 the maximum potential NOx concentration as defined in 40 C.F.R. Part 75, Appendix A, 

18 Section 2, and the maximum percent 0 2 or the minimum percent C02 under all 

19 operating conditions of the unit except for unit startup, shutdown, and malfunction. 

20 (125) "Maximum rated hourly heat input" means a unit specific maximum hourly 

21 heat input (MMBTU) that is the higher of the manufacturer's maximum rated hourly heat 

22 input or the highest observed hourly heat input. 

23 (126) "~g" means microgram 

26 
1 (127) "mg" means milligram. 

2 (128) "Mid-kiln firing" means the secondary firing in kilns by injecting solid fuel at an 

3 intermediate point in the kiln using a specially designed ·feed injection mech;~mism for 

4 the purpose of decreasing NOx emissions through: 

5 (a) Burning part of the fuel at a lower temperature; and 

6 (b) Reducing-conditions at the solid waste injection point that may destroy some of 

7 the NOx formed upstream in the kiln burning zone. 

8 (129) "min" means minute. 

9 (130) "Minor source baseline date" means: 

10 (a) The earliest date after the trigger date on which a major stationary source or a 

11 major modification subject to permit requirements established pursuant to 40 C.F.R. 

12 52.21 or the Kentucky SIP submits a complete application. The trigger date is: 

13 1. [For partiaulate matter and sulfur dioxide, the trigger date is] August 7, 1977 for 

14 PM1o and SOz; 

15 ____1. [;and 2. For nitrogen dioxide, the trigger date is] February 8, 1988, for N01; and 

16 3. October 20, 2011, for PM'-'; 

17 (b) For TSP increments, that the originally established date remains in effect to 

18 determine the amount of available PM10 increments, unless the cabinet rescinds the 

19 minor source baseline date pursuant to 40 C.F.R. 51.166(b)(14)(iv); and 

20 (c) A date established for each pollutant for which increments or other equivalent 

21 measures have been established if: 

22 1. The area in which the proposed source or modification will construct is 

23 designated as attainment or unclassifiable pursuant to 42 U.S.C. 7407(d)(1)(A)(ii) or (iii) 

27 
1 for the pollutant on the date of its complete application pursuant to 401 KAR Chapter 

2 52;and 

3 2. For a major stationary source, the pollutant will be emitted in significant amounts 

4 or a significant net emissions increase of the pollutant will occur for a major 

5 modification. 

6 (131) "MJ" means megajoules. 

7 (13~) "mm11 means mi!Hmeter. 

8 (133) "MM" means million. 

9 (134) "mo" means month. 

10 (135) "Moderate nonattainment county" or "moderate nonattainment area" means a 

11 county or portion of a county designated moderate nonattainment for the national 

12 ambient air quality standard for ozone. 

13 (136) "Modification" means any physical change in, or a change in the method of 

14 operation of, an affected facility that: 

15 (a) Increases the amount of any air pollutant (to which a standard applies) emitted 

16 into the atmosphere by that facility or that results in the emission 'of any air pollutant (to 

17 which a standard applies) into the atmosphere not previously emitted; and 

18 (b) Is not solely: 

19 1. Maintenance, repair, and replacement that the cabinet determines to be routine 

20 for a source category considering available information; 

21 2. An increase in production rate of an affected facllity, if that increase can be 

22 accomplished without a capital expenditure on that facility; 

23 · 3. An increase in the hours of operation; 

28 
1 4. Use of an alternative fuel or raw material if, prior to the date a standard becomes 

2 applicable to that source type, the affected facility was designed to accommodate that 

3 alternative use. A facility is considered to be designed -to accommodate an alternative 

4 fuel or raw material if that use could be accomplished under the facilitis construction 

5 specification as. amended prior to the change; 

6 5. Conversion to coal required for energy considerations, as specified iri 42 U.S.C. 

7 7411(a)(8); 

8 6. The addition or use of a system or device the primary function of which is the 

9 reduction ·of air pollutants, unless an emission control system is removed or replaced by 

1 0 a system that the cabinet determines to be less environmentally beneficial; or 

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

12 (137) "Monitoring device" means the total equipment, required by an applicable 

13 administrative regulation in 401 KAR Chapters 50 to 65, used to measure and record, if 

14 applicable, proc"ess parameters. 

15 (138) "Monitoring system" means a monitoring system that meets the requirements 

16 of any applicable administrative regulation in 401 KAR Chapters 50 to 65. 

17 (139) "MWe" means megawatt electrical. 

18 (140) "N2" means nitrogen. 

19 (141) "Nameplate capacity" means the maximum electrical generating output (in 

20 MWe) that a generator can sustain over a specified period of time if not restricted by 

21 seasonal or other deratings as measured with United States Department of Energy 

22 standards. 

23 (142) "Natural conditions" means those naturally occurring phenomena that reduce 

29 
.1 visibility as measured in terms of visual range, contrast, or coloration: 

2 (143) "Necessary preconstruction approvals or permits" means those permits or 

3 approvals required under the administrative regulations approved to the Kentucky SIP 

4 pursuant to 40 C.F.R. 52.920, and federal air quality control laws and regulations 

5 · established pursuant to 42 U.S.C. 7401 -7671q. 

6 (144) "Net emissions increase" means: 

7 (a) For any regulated NSR pollutant emitted by a major stationary source, the 

8 amount by which the sum of subparagraphs 1 and 2 of this paragraph exceeds zero: 

9 1. An increase in emissions from a particular physical change or change in method 

10 of operation at a stationary source as calculated pursuant to 401 KAR 51:017, Section 

11 1(4), or401 KAR 51:052, Section 1(2); and 

12 2. Any other increases and decreases in actual emissions at the major stationary 

13 source that are contemporaneous with the particular change and are otherwise 

14 creditable. Baseline actual emissions for calculating increases and decreases under this 

15 paragraph are determined as defined in this section. 

16 (b) An increase or decrease in actual emissions is contemporaneous with the 

17 increase from the particular change only if: 

18 1. For construction that commences prior to January 6, 2002, the change occurs 

19 between the date ten (10) years before construction on the change commences and the 

20 date that the increase from the change occurs; and 

21 2. For construction that commences on and after January 6, 2002, the change 

22 occurs between the date five (5) years before construction on the change commences 

23 and the date that the increase from the change occurs. 

30 
1 (c) An increase or decrease in actual emissions is creditable only if: 

2 1. The cabinet or the U.S. EPA has not relied·on the change in issuing a permit for 

3 the source pursuant to 401 KAR 51:017, 51.:052, or 40 C.F.R. 52.21; and 

4 2. The permit is in effect at the time the increase or decrease in actual emissions 

5 from the particular change occurs. 

6 (d) An increase or decrease in actual emissions of sulfur dioxide, particulate matter, 

7 or nitrogen oxides that occurs before the applicable minor source _baseline date is 

8 creditable only if it is required to be considered in calculating the amount of maximum 

9 a.llowable increases remaining .available. For particulate rilatter, only PM1o emissions 

10 are used to evaluate the net emissions increase for PM1o· 

11 (e) An increase in actual emissions is creditable only to the extent that the new level 

12 of actual emissions exceeds the old level. 

13 (f) A decrease in actual emissions is creditable only to the extent that: 

14 1. The old level of actual emissions or the old level of allowable emissions, 

15 whichever is lower, exceeds the new level of actual emissions; 

16 2. The decrease is enforceable as a practical matter at and after the time that actual 

17 construction on the particular change begins; and 

18 3. The decrease has approximately the same ·qualitative significance for public 

19 health and welfare as that attributed to the increase from the particular change. 

20 (g) An increase that results from a physical change at a source occurs if the 

21 emissions unit on which construction occurred becomes operational and begins to emit 

22 a particular pollutant. A replacement unit that requires shakedown becomes operational 

23 only after a reasonable shakedown period, not to exceed 1,80 days .. 

31 
1 (h) The term, actual emissions, as defined in subsection (2) of this section does not 

2 apply in determining creditable increases and decreases. 

3 (145) "New source" means a source, the construction, reconstruction, or 

4 modification of which commenced on or after the classification date as defined in the 

5 applicable administrative regulation, irrespective of a change in emission rate. 

6 (146) 11Nitrogen oxides" means all oxides of nitrogen except nitrous oxide, as 

7 measured by test methods specified in the Kentucky SIP. 

8 (147) "ng" means nanograms. 

9 (148) "NO" means nitric oxide. 

10 (149) "N02" means nitrogen dioxide. 

11 (150) 11Nonattainment major new source review program" or "NSR program" is 

12 defined by 40 C.F.R. 51.165(a)(1)(xxx). For purposes of this definition, "administrator" 

13 means the U.S. EPA 

14 (151) "NOx" means nitrogen oxides. 

15 (152) "NOx allowance" is defined by 40 C.F.R. 96.2. 

16 (153) "NOxAIIowance Tracking System" or "NATS" is defined by 40 C.F.R. 96.2 For 

17 purposes of this definition, "administrator" means the U.S. EPA 

18 (154) "NOx authorized account representative" is defined by 40 C.F.R. 96.2. 

19 (155) "NOx budget emissions limitation" means, for a NOx budget unit, the tonnage 

20 equivalent of the NOx allowances available for compliance deduction for the unit and for 

21 a control period under 401 KAR 51:160 adjusted by deductions of sufficient NOx 

22 allowances to account for: 

23 (a) Actual utilization under40 C.F.R. 96.42(e) for the control period; 

32 
1 (b) Excess NOx emissions for a prior control period under 40 C.F.R. 96.54(d); 

2 (c) Withdrawal from the NOx budgetprogram under 40 C.F.R. 96.86; or 

3 (d) A change in regulatory status for a NOx budget opt-in source under 40 C.F.R. 

4 96.87. 

5 (156) "NOx budget opt-in source" means an affected facility that has elected to 

6 become a NOx budget unit under the NOx Budget Trading Program and whose NOx 

7 budget opt-in permit ha$ been issued and is in effect.. 

8 (157) "NOx budget source" is defined by 40 C.F.R. 96.2. 

9 (158) "NOx Budget Trading Program" is defined by 40 C.F.R. 96.2. 

10 (159) "NOx budget unif' means a unit that is subject to the NOx Budget Trading 

11 Program emissions limitation under 401 KAR 51:160 or 40 C.F.R. 96.80. 

12 (160) "NOx budget unit' operator" means a person who operates, controls, or 

13 supervises a NOx budget unit, a NOx budget source, or a unit for which an application 

14 for a NOx budget opt-in permit under 401 KAR 51:195 is submitted and not denied or 

15 withdrawn and includes a holding company, utility system, or plant manager of a NOx 

16 budget unit or source. · 

17 (161) "NOx budget unit owner" means: 

18 (a) A holder of a portion of the legal or equitable title in a NOx budget unit or in a 

19 unit for which an application for a NOx budget opt-in permit under 401 KAR 51:195 is 

20 submitted and not denied or withdrawn; 

21 (b) A holder of a leasehold interest in a NOx budget unit or in a unit for which an 

22 application for a NOx budget opt-in permit under 401 KAR 51:195 is submitted and not 

23 denied or withdrawn; 

33 
1 (c) A purchaser of power from a NOx budget unit or from a unit for which an 

2 application for a NOx budget opt-in permit under 401 KAR 51:195 is submitted and not 

3 denied or withdrawn under a life-of-the-unit, firm power contractual arrangement and 

4 unless expressly provided for in a leasehold agreement, does not include a passive 

5 lessor, or a person who has an equitable interest through the lessor, whose rental 

6 payments are not based, either directly or .indirectly, upon the revenues or income from 

7 the NOx budget unit or the unit for which an application for a NOx budget opt-in penmit 

8 under 401 KAR 51:195 is submitted and not denied or withdrawn; or 

9 (d) For any general account, a person who has an ownership interest with respect to 

1 0 the NOx allowances held in the general account and who is subject to the binding 

11 agreem~nt for the NOx authorized account representative to represent that person's 

12 ownership. 

13 (162) "Oi'means oxygen. 

14 (163) "03' means ozone. 

15 (164) "Opacity" means the degree to which emissions reduce the transmission of 

16 light and obscure the view of an object in the background. 

17 (165) "Operating" means, for a NOx budget unit, having documented heat input for 

18 more than 876 hours in the six (6) months immediately preceding the submission of an 

19 application for an initial NOx budget permit. 

20 (166) "Operator'' means, for a NOx budget unit, any person who operates, controls, 

21 or supervises a NOx budget unit, a NOx budget source, or unit for which an application 

22 for a NOx budget opt-in permit is submitted and not denied or withdrawn, and includes 

23 any holding company, utility system, or plant manager of the unit or source. 

34 
1 (167) "Opt-in" means to be elected to become a NOx budget unit under the NOx 

2 Budget Trading Program through a final NOx budget opt-in permit. 

3 (168) "Owne~·. for a NOx budget unit, is defined by 40 C.F.R. 96.2. 

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

5 supervises an affected facility or a source of which an affected facility is a part. 

6 (170) "oz" means ounce. 

7 (171) "Ozone depleting potential" or "ODP", means pursuant to 40 C.F.R. Part 82, 

8 Subpart A, Appendices A and B, the ratio of the total amount of ozone destroyed by a 

9 fixed amount of an ozone depleting substance to the amount of ozone destroyed by the 

10 same mass oftrichloroflubromethane (CFC-11) in which the ozone depleting potential of 

11 CFC-11 is equal to one and zero-tenths (1.0). 

12 (172) "Ozone depleting substance" or "ODS" means any chemical compound 

13 regulated under 40 C.F.R. Part 82 with decay products, after the photolysis of the ODS 

14 by short-wave ultraviolet light, that are able to catalyze the destruction of stratospheric 

15 ozone. 

16 (173) "PAL effective date" means: 

17 (a) The date of issuance of the PAL permit; or 

18 (b) For an increased PAL, the date any emissions unit that is part of the PAL major 

19 ·modification becomes operational and begins to emit the PAL pollutant. 

20 (174) "PAL effective period" means the period beginning with the PAL effective date 

21 and ending ten (10) years later. 

22 (175) "PAL major modification" means any physical change'in or a change in the 

23 method of operation of the PAL source that causes it to emit the PAL pollutant at a level 

35 
1 equal to or greater than the PAL. 

2 (176) "PAL permit" means the permit issued by the cabinet that establishes a PAL 

3 for a major stationary source. 

4 (177) "PAL pollutant" means the pollutant for which a PAL is established at a major 

5 stationary source. 

6 (178) "Particulate matter'' means a material,' except uncombined water that exists in 

7 a finely divided form as a liquid or solid measured by a U.S. EPA-approved test method 

8 or a test method approved in the Kentucky SIP. 

9 (179) "Particulate matter emissions" means, except as used in 40 C.F.R. Part 60, all 

10 finely divided solid or liquid material, other than uncombined water, emitted to the 

11 ambient air as measured by applicable reference methods, or an equivalent or 

12 alternative method specified in 40 C.F.R. Chapter I, or by a test method specified in the 

13 Kentucky SIP. 

14 (180) "Peak load" means the maximum instantaneous operating load. 

15 (181) "Permitted capacity factor" means the annual permitted fuel use divided by the 

16 manufacturer's specified maximum fuel consumption multiplied by 8,760 hours per year. 

17 (182) "Person" is defined by KRS 224.01-010(17). 

18 (183) "Plant-wide applicability limitation" or "PAL" means an emission limitation, 

19 expressed in tons per year, for a pollutant at a major stati~nary source, that is 

20 enforceable as a practical matter and iS establiShed source-wide in accordance with 401 

21 KAR 51:017 or 51:052. 

22 (184) "PM2.s'' means particulate matter with an aerodynamic diameter less than or 

23 equal to a nominal two and five-tenths (2.5) micrometers as measured by a reference 

36 
1 method in 40 C.F.R. Part 50, Appendix L, and designated in accordance with 40 C.F.R. 

2 Part 53, or by an equivalent method designated in accordance with 40 C.F.R. Part 53. 

3 (185) 11PM1011 means particulate matter with an aerodynamic diamet~r !ess than or 

4 equal to a nominal tee> (10) micrometers as measured by a reference method in 40 

5 C.F.R. Part 50, Appendix J, and designated in accordance with 40 C.F.R. Part 53, or by 

6 an equivalent method designated in accordance with 40 C.F.R. Part 53. 

7 (186) "PM10 emissions" means finely divided solid or liquid material with an 

8 aerodynamic diameter less than or equal to a nominal ten (10) micrometers emitted to 

9 the ambient air as measured by an applicable reference method, or an equivalen! or 

10 alternative method ,specified in 40 C.F.R. Chapter I, or by a test method specified in the 

11 Kentucky SIP .. 

12 (187) "Pollution prevention" is defined by 40 C.F.R. 51.166(b)(38). 

13 (188) "Portland cement" means a hyqraulic cement produced by pulverizing clinker 

14 consisting essentially of hydraulic calcium silicates. 

15 (189) "Portland cement kiln" means a system, including solid, gaseous or liquid fuel 

16 combustion equipment, used to calcite and fuse r~w materials, including limestone and 

17 clay, to produce Portland cement clinker. 

18 (190) "Potential to emit" or"PTE" means: 

19 (a) The maximum capacity of a stationary source to emit a pollutant under its 

20 physical and operational design, in which: 

21 1. A physical or operational limitation on the capacity of a source to emit an air 

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

23 or on the type or amount of material combusted, stored, or processed, is treated as part 

37 
1 of its design if the limitation is enforceable as a practical matter; and 

2 2. This definition does not alter or affect the use of this term for other purposes of 

3 the Clean Air Act, 42 U.S. C. 7401 - 7671q, or the term "capacity factor' as used in the 

4 Acid Rain Program. 

5 (b) For the PSD and NSR programs, the maximum capacity of a stationary source to 

6 emit a pollutant under its physical or operational design, in which: 

7 1. A physical or operational limitation on the capacity of the source to emit a 

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

9 or on the type or amount of material combusted, stored, or processed, is treated as part 

10 of its design if the limitation or the effect it would have on emissions: 

11 a. Is federally enforceable; or 

12 b. For an actual PAL, is federally enforceable or enforceable as a practical matter; 

13 and 

14 2. Secondary emissions are not counted. 

15 (191) "ppb" means parts per billion. 

16 (192) "ppm" means parts per million. 

17 (193) "ppm(w/w)" means parts per million (weight by weight). 

18 (194) "Precalciner kiln" means a kiln in which the feed to ·the kiln system is 

19 preheated in cyclone chambers and utilizes· a second burner to calcine material in a 

20 separate vessel attached to the preheater prior to the final fusion in a kiln that fonms 

21 clinker. 

22 (195) "Predictive emissions monitoring system" or "PEMS" is defined by 40 C.F.R. 

23 51.166(b)(44). 

38 
1 (196) "Preheater kiln" means a kiln in which the feed to the kiln system is preheated 

2 in cyclone chambers prior to the final fusion in a kiln that forms clinker. 

3 (197) "Prevention of Significant Deterioration Program" or "PSD Programn means a 

4 major source preconstruction program that has been approved by the U.S. EPA and 

5 incorporated into the Kentucky SIP to implement the requirements of 40 C.F.R. 51 .. 166 

6 or 52.21. 

7 (198) "Projecf' means a physical change in or change in method of operation of an 

8 existing n:ajor s~ationary source. 

9 (199) "Projected actual emissions" means: 

10 (a) The maximum annual rate, in tons per year, at which an existing emissions unit 

11 is projected to emit a regulated NSR pollutant in any one (1) of the five (5) years, in a 

12 twelve (12) month period, following the date the unit resumes regular operation after the 

13 project, or in any one (1) of the ten (1 0) years following that date, if: 

14 1. The project involves increasing the emissions unit's design capacity or its 

15 potential to emit the regulated NSR pollutant; and 

16 2. Full utilization of the unit would result in a significant emissions increase or a 

17 significant net emissions increase at the major stationary source; or 

18 (b) The maximum annual rate, in tons per year, at which an emissions unit, before 

19 beginning actual construction, is projected to emit a regulated NSR pollutant, tf the 

20 source: 

21 1.a. Considers all relevant information, including historical operational data and the 

22 company's own representations of expected and highest projected business activity, 

23 filings with the cabinet and the U.S. EPA, and compliance plans under the Kentucky 

39 
1 SIP; 

2 b. Includes fugitive emissions and emissions associated with startups, shutdowns, 

3 and malfunctions; and 

4 c. Excludes, in calculating any increase in emissions that results from a project, that 

5 portion of the unit's emissions following the project that an existing unit could have 

6 accommodated during the consecutive twenty-four (24) month period used to establish 

7 the baseline actual emissions and that are also unrelated to the project, including any 

8 increased utilization due to product demand growth; or 

9 2. Elects to use the emissions unit's potential to emit, in tons per year, instead of 

1 0 ·using subparagraph 1. of this paragraph to detenmine projected actual emissions. 

11 (200) "psia" means pounds per square inch absolute. 

12 (201) "psig" means pounds per square inch gage. 

13 (202) "RACT/BACT/LAER Clearinghouse" or "RBLC" means the U.S. EPA's online 

14 collection of previous RACT/BACT/LAER determinations. 

15 (203) "Reactivation of a very clean coal-fired EUSGU" is defined by 40 C.F.R. 

16 51.166(b)(37). 

17 (204) "Reasonable further progress" is defined by 42 U.S.C. 7501(1). For purposes 

18 of this definition, "administrator" meanS the U.S. EPA. 

19 (205) "Reconstruction" means the replacement of components of an existing 

20 affected facility to the extent that: 

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

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

23 facility; and 

40 
1 (b) It is technologically and economically feasible to meet the applicable 

2 requirements of 401 KAR Chapters 50 to 65. 

3 (206) "Reference method" means a method of sampling and analyzing for an air 

4 pollutant as published in 40 C.F.R. Part 50, Appendices A to N; 40 C.F.R. Part 53; 40 

5 Part 60, Appendices A and B; 40 C.F.R. Part 61, Appendix B; or 40 C.F.R. Part 63, 

6 Appendices A to D. 

7 (207) "Regulated NSR pollutant" means [!he following]: 

8 (a) For401 KAR 51:017: 

9 1. A pollutani for which a national ambient air quality standard has been 

1 0 promulgated and the following [aRYl constituents or precursors to such pollutant: 

11 a. [4.1 Volatile organic compounds and nitrogen oxides are precursors to ozone in all 

12 attainment and unclassifiable areas; 

13 b. [2.] Sulfur dioxide is a precursor to PM2 5 in all attainment and unclassifiable 

14 areas; 

15 c. [3.] Nitrogen oxides are presumed -to be precursors to PM,,5 in all attainment and 

16 unclassifiable areas unless the Cabinet demonstrates to the EPA Administrator1s 

17 satisfaction or EPA demonstrates [it is demenstratedl that emissions of nitrogen 

18 oxides from sources in a specific area .are·not a significant contributor to that area's 

1 9 ambient PM2.s concentrations: 

20 d. [4.] Volatile organic compounds are presumed not to be precursors to PM~ 

21 an [any] attainment or undassifiable area unless the Cabinet demonstrates to the 

22 EPA Administrator's satisfaction or EPA demonstrates [i! is demons!Fa!ed) that 

23 emissions of volatile organic compounds from sources in a specific area are a 

41 
1 significant contributor to that area's ambient PM£& concentrations: and 

2 e. [5. Particulate matter emissiens,l PM2.s emissions[,] and PM1o emissions 

3 [sAa-1-11 include gaseous emissions from a source or activitv that condense to form 

4 particulate matter at ambient temperatures [for such pollutants identified by the U.S. 

5 €1'A] ; 

6 (i) On or after January 1, 2011, condensable particulate matter is included in 

7 applicability determinations and in establishing emissions limitations for PM2.5 

8 and PM10 in permits issued pursuant to 401 KAR 51 :017; 

9 (ii} Compliance with emissions limitations for PM2.6 and PMjQ issued prior to 

10 January 1 I 2011 I is not based on co-ndensable particulate matter unless required 

11 by the terms and conditions of a permit; and 

12 (iii) Applicability determinations made prior to January 1, 2011, without 

13 accounting for condensable particulate matter are not considered in violation of 

14 this section; 

15 b..!tbll A pollutant subject to!! [allYl standard promulgated under 42 U.S.C. 7411; 

16 L!tsll A pollutant subject to a standard promulgated under or established by 42 

17 U.S.C. 7671 to 7671q; or 

18 ~[f<l)] A pollutant that otherwise is subject to regulation, as defined in subsection 

19 (231) of this section, under 42 U.S.C. 7401 to 7671q, except that any hazardous air 

20 pollutant (HAP) listed in 42 U.S.C. 7412 or added to the list pursuant to 42 U.S.C. 

21 7412(b)(2), that has not been delisted pursuant to 42 U.S.C. 7412(b)(3), is not a 

22 regulated NSR pollutant unless the listed HAP is also regulated as a constituent or 

23 precursor of a general pollutant listed under 42 U.S.C. 7408: or 

42 
1 (b) For 401 KAR 51:052: 

2 1. Nitrogen oxides or volatile organic compoundsj or 

3 2. A pollutant for which a national ambient air quality standard has been 

4 promulgated and the following constituents or precursors to such pollutant: 

5 a. Volatile organic compounds and nitrogen oxides are precursors to ozone in 

6 all ozone nonattainment areasj 

7 b. Sulfur dioxide is a precursor to PM2.5 in all PM2.5 nonattainment areas; 

8 c. Nitrogen oxides are presumed to be precursors to PM2.s in all PM2.s 

9 nonattainment areas unless the Cabinet demonstrates to the EPA Administrator's 

10 satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources 

11 in a specific area are not a significant contributor to that area's ambient PM2.s 

12 concentrations; 

13 d. Volatile organic compounds and ammonia are presumed not to be 

14 precursors to PM2.s in a PM2.5 nonattainment area unless the Cabi.net 

15 demonstrates to the EPA Administrator's satisfaction or EPA demonstrates that 

16 emissions of volatile organic compounds or ammonia from sources in a specific 

17 area are a significant contributor to that area's ambient PM2.5 concentrationsj and 

18 e; PM2.s emissions and PM10 emissions include gaseous emissions from a 

19 source or activity that condense to form particulate matter at ambient 

20 temperatures; 

21 (i) On or after January 1. 2011. condensable particulate matter is included in 

22 applicability determinations and in establishing emissions limitations for PMz.s 

23 and PM10 in permits issued pursuant to 401 KAR 51:052; 

43 
1 (ii) Compliance with emissions limitations for PM2.s and PM1o issued prior to 

2 January 1, 2011. is not based on condensable particulate matter unless~ required 

3 by the terms and conditions of a permit; and 

4 (iii} Applicability determinations made prior to January 1, 2011, without 

5 accounting for condensable particulate matter are not considered in violation of 

6 this section. 

7 (208) "Replacement unit" means an emissions unit that does not generate creditable 

8 emissions reductions by shutting down the existing emissions unit that is replaced, and 

9 that: 

10 (a)1. Is a reconstructed unit within the meaning of 40 C.F.R. 60.15(b)(1) or that 

11 completely takes the place of an existing emissions unit; 

12 2. Is identical to or functionally equivalent to the replaced emissions unit; and 

13 3. Does not alter the basic design parameters of the process unit. 

14 (b) Replaces a unit that: 

15 1. Is permanently removed from the major stationary source, is otherWise 

16 permanently disabled, or is prohibited from operating by a permit that is enforceable as 

17 a practical matter; and 

18 2. If brought back into operation, is considered a new emissions unit. 

19 (209) "Repowering" is defined by 40 C.F.R. 51.166(b)(36). 

20 (210) "Responsible official" means: 

21 (a) For a corporation: a president, secretary, treasurer, or vice-president of the 

22 corporation in charge of a principal business function, or other person who performs 

23 similar policy or decision-making functions for the corporation, or a duly. authorized 

44 
1 representative of that person if the representative is responsible for the overall operation 

2 . of one (1) or more manufacturing, production, or operating facilities applying for or 

3 subject to a permit; and 

4 1. The facilities employ more than 250 persons or have gross annual sales or 

5 expenditures exceeding $25,000,000 in second quarter 1980 dollars; or 

6 2. The delegation of authority to the representative is approved in advance by the 

7 cabinet pursuant to this subsection; 

8 (b) For a partnership or sole proprietorship, a general partner or the proprietor, 

9 respectively; 

· 10 (c) For a municipality, state, federal, or other public agency, a principal executive 

11 officer or ranking elected official. The principal executive officer of a federal agency 

12 includes th~ chief executive officer having responsibility for the overall operation of a 

13 principal geographic unit of the agency; or 

14 (d) For the acid rain portion of a .permit for an affected source, the designated 

15 representative. 

16 (211) "Run" means the net period of time, either intermittent or continuous within the 

17 limfts of good engineering practice, when an emission sample is c;:ollected. 

18 (212) "S" means at standard conditions. 

19 (213) "sec" means second. 

20 (214) "Secondary emissions" means emissions that: 

21 (a) Occur as a result of the construction or operation of a major stationary source or 

22 major modification, and do not come from the major stationary source or major 

23 modification itself; 

45 
1 (b) Are specific, well defined, quantifiable, and impact the same general area as the 

2 stationary source modification that causes the secondary emissions; 

· 3 (c) Include emissions from an offsite support facility that would not otherwise be 

4 constructed or increase its emissions as a result of the construction or operation of the 

5 major stationary source or major modification; and 

6 (d) Do not include emissions that come directly from a mobile source, including 

7 emissions from the tailpipe of a motor vehicle, a train, or vesseL 

8 (215) "Serious nonattainment county" or "serious nonattainment area" means a 

9 county or portion of a countY designated serious nonattainment for the national ambient 

10 air qualitY. standard for ozone. 

11 (216) "Severe nonattainment county11 or "severe nonattainment area" means a 

·12 county or portion of a county designated severe nonattainment for the national ambient 

13 air quality standard for ozone. 

14 (217) "Shutdown11 means the cessation of an operation. 

15 (218) "Significant" means: 

16 (a) For 401 KAR 5.1:017, in reference to a net emissions increase or the potential of 

17 a source to emit any of the pollutants listed in the following table, a rate of emissions 

18 that would equal or exceed a corresponding rate listed in the table: 

POLLUTANT EMISSIONS 

RATE 

Carbon monoxide 1 00 tons per year 

(tpy) 

46 
Ozone depleting 100 tpy 

substance 

Nitrogen oxides 40 tpy 

Sulfur dioxide 40 tpy 

PM,.s 10 tpy direct, 40 

tpy of sulfur 

dioxide or 

.nitrogen oxides 

rfoF ~F9GUFS9FS)* 

PM1o 15 tpy 

Particulate matter 25 tpy [Gl 

particulate matter 

emissieRs] 

[15 lpy of PM.w 

OFflissieAs] 

Ozone 40 tpy of volatile 

organic 

compounds or 

nitrogen oxides 

Lead 0.6 tpy 

Fluorides. 3 tpy 

Sulfuric acid mist 7 tpy 

Hydrogen sulfide (H2S) 10 tpy 

47 
Total reduced sulfur 10 tpy 

(including H,S) 

Reduced sulfur 10 tpy 

compounds (including 

H,S) 

Municipal waste 3.2 X 10"' 

combustor organic& megagrams per 

(measured as total year (Mg/y) (3.5 x 

tetra- through acta- w• tpy) 

chlorinated dibenzo-pdioxins and 

dibenzofurans) 

Municipal waste 14 Mg/y (15 tpy) 

combustor metals 

(measured as 

particulate matter) 

Municipal waste 36 Mg/y (40 tpy) 

combustor acid gases 

(measured as sulfur 

dioxide and hydrogen 

chloride) 

48 
Municipal solid waste 45 [;>a] Mg/y (50 

landfill emissions tpy) 

(measured as 

n6nmethane organic 

compounds) 

1 *Nitrogen oxide emissions are eva)uated unless demonstrated not to be a PM2.s 

2 precursor pursuant to subsection (207)(a)1.c. [{3)] of this section. 

3 (b) For 401 KAR 51:017, in reference to a net emissions increase or the potential of 

4 a source to emit a regulated NSR pollutant that is not listed in the table in.paragraph (a) 

5 of this subsection, any emissions rate; 

6 (c) For 401 KAR 51:017, in reference to an emissions rate or a net emissions 

7 increase associated with a major stationary source or major modification, that is to be 

. 8 constructed within ten (.1 0) kilometers of a Class I area, an impact on that area equal to 

9 or greater than one (1) ~glm' over a twenty-four (24) hour average; 

10 (d) For 401 KAR 51:052, in reference to a net emissions increase or the potential of 

11 a source to emit any of the pollutants listed in the following table, a rate of emissions 

12 that would equal or exceed a corresponding rate listed in the table: · 

POLLUTANT EMISSIONS RATE 

Carbon monoxide 100 tons per year 

(tpy) 

Ozone depleting 100 tpy 

subStance ' 

Nitrogen oxides 40 tpy 

49 
Sulfur dioxide 40 tpy ; . 

PM,, 10 tpy direct, 40 tpy of 

sulfur dioxide or 

nitrogen oxides [fGF 

I§!FeGYFSSFS)* 

PM1o 15 tpy 

Ozone 40 tpy of volatile 

organic compounds or 

nitrogen oxides 

Lead 0.6 tpy 

.... 1 *Nitrogen oxide emiSSions are evaluated unless demonstrated not to be a PMz.5 

2 precursor pursuant to subsection (207)(b)2.c: [(aj(3)] of this section. 

3 (e) For 401 KAR 51:052, with the exception of the significant emissions rate for 

4 ozone in this subsection, significant means, in reference to an emissions increase or net 

5 emissions increase, a rate of emissions that exceeds the following: 

6 1. Twenty-five (25) tons per year of volatile organic compounds or nitrogen oxides in 

7 a serious or severe ozotie nonattainment area; or 

8 2. An [Ani] increase in actual emissions of volatile organic compounds or nitrogen 

9 oxides in an extreme ozone nonattainment area; or 

10 (f) For 401 KAR 51:052, with the exception of the significant emissions rate for 

11 carbon monoxide in this subsection, significant means, in reference to an emissions 

12 increase or net emissions increase, a rate of emissions of carbon monoxide that equals 

13 or exceeds fifty (50) tons per year in a serious nonattainment area for carbon monoxide 

50 
1 in which a stationary source contribute significantly to carbon monoxide level~. 

2 (219) "Significant emissions increase" means, for a regulated NSR pollutant, an 

3 increase in emissions that is equal to or great~r than the emission level that is 

4 significant for that pollutant. 

5 (220) "Significant emissions unit" means an emissions unit that emits or has the 

6 potential to emit a PAL pollutant in an amount equal to or greater than the applicable 

7 significant level as defined in subsection (218) of this section or in 42 U.S.C. 7401 to 

8 7671q, whichever is lower for that PAL pollutant, but less than the amount that would 

9 qualify the unit as a major emissions unit. 

1 0 (221) "Small emissions unit" means an emissions unit that emits or has the potential 

11 to emit the PAL pollutant in an amount less than the PAL pollutant's applicable 

12 significant level as defied in subsection (218) of this section; or in 42 U.S.C. 7401 to 

13 7671q, whichever is lower. 

14 (222) "SO," means sulfur dioxide. 

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

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

17 thoroughfare, stream, or other right of way. 

18 (224) "sq" means square. 

19 (225) "Stack or chimney" means a flue, conduit, or duct arranged to conduct 

20 emissions to the atmosphere. 

21 (226) "Standard" means an emission standard, a standard of performance, or an 

22 ambient air quality standard as promulgated in 401 KAR Chapters 50 to 65 or the 

23 emission control requirements necessary to comply with 401 KAR Chapter 51. 

51 
1 (227) "Standard conditions" means: 

2 (a) For source measurements, twenty (20) degrees Celsius (sixty-eight (68) degrees 

3 Fahrenheit) and a pressure of760 mm Hg (29.92 in. of Hg); or 

4 (b) For air quality determinations, twenty-five (25) degrees Celsius (seventy-seven 

5 (77) degrees Fahrenheit) and a reference pressure of 760 mm Hg (29.92 in. of Hg). 

6 (228) "Start-up" or "startup" means the setting in operation of an affected facility. 

7 (229) "State implementation plan" or "SIP" means the most recently prepared plan 

8 or revision required by 42 U.S.C. 7410 that has been approved by the U.S. EPA. 

9 (230) "Stationary source" means a building, structure, facility, or installation that 

10 emits or has the potential to emit a regulated NSR pollutant. 

11 (231) "Subject to regulation" is defined by 40 C.F.R. 51.166(b)(48). 

12 (232) "Submit" means to send or transmit a document, information, or 

13 correspondence in accordance with an applicable requirement. 

14 (233) "TAPPI" means Technical Association of the Pulp and Paper Industry. 

15 (234) "Temporary clean coal technology demonstration project" is defined by 40 

16 C.F.R. 51.166(b)(35). 

17 (235) "Ton" or "tonnage", for a NOx budget source, means a short ton or 2,000 

18 pounds. For determining compliance with the NOx budget emissions limitation, total 

19 tons for a control period is calculated as the sum of all recorded hourly emissions, or the 

20 tonnage equivalent of the recorded hourly emissions rates, in accordance with 40 

21 C.F.R. Part 96, Subpart H with any remaining fraction of a ton equal to or greater than 

22 0.50 ton deemed to equal one (1) ton and any fraction of a ton less than 0.50 ton 

23 deemed to equal zero tons. 

52 
1 (236) "Total suspended particulates" or "TSP" means particulate matter as 

2 measured by the method described in 40 C.F.R. Part 50, Appendix B. 

3 (237) "tpy" means tons per year. 

4 (238) "TSS" means total suspended solids. 

5 (239) "Uncombined water" means water that can be separated from a compound by 

6 ordinary physical means and that is not' bound to a compound .by internal molecular 

7 forces. 

8 (240) "Unit" means a fossil . fuel-fired stationary boiler, combustion turbine, or 

9 combined cycle system. 

10 (241) "Urban county" means a county that is a part of an urbanized area with a 

11 population greater than 200,000 based upon the 1980 census. If a portion of a county is 

12 a part of an urbanized area, then the entire county is classified as urban for 401 KAR 

13 Chapters 50 to 65. 

14 (242) "Urbanized area" means an area defined by the U.S. Department of 

15 Commerce, Bureau of Census. 

16 (243) "U.S. EPA" means the United States Environmental Protection Agency. 

17 (244) "UTM" means Universal Transverse Mercator. 

18 (245) ''Visibility impairment" is defined by 40 C.F.R. 51.301. 

19 (246) "Volatile organic compound" or "VOC" is defined by 40 C.F.R. 51.100(s). 

20 (24 7) "yd" means yard. 

21 Section 2. Incorporation by Reference. (1) The following material is incorporated by 

22 reference: 

23 (a) "North American Industry Classification System", 2007,_ as published by the 

53 
1 Office of Management and Budget; and 

2 (b) "Standard Industrial Classification Manual", 1987, as published by the Office of 

3 Management and.Budget [is incorporated by reference]. 

4 (2) This material may be inspected, copied or obtained, subject to applicable 

5 copyright law, at the following main and regional offices of the Kentucky Division for Air 

6 Quality during the normal working hours of 8 a.m. to 4:30p.m., local time: 

7 (a) Kentucky Division for Air Quality, 200 Fair Oaks Lane, 1st ftoor, Frankfort, 

8 Kentucky40601-1403, (502) 564-3999; 

9 (b) Ashland Regional Office, 1550 Wolohan Drive, Suite 1, Ashland, Kentucky 

10 41102, (606) 929-5285; 

11 (c) Bowling Green Regional Office, 1508 Westen Avenue, Bowling Green, Kentucky 

12 42104, (270) 746-7475; 

13 (d) Florence Regional Office, 8020 Veterans Memorial Drive, Suite 110, Florence, 

14 Kentucky 41042, (859) 525-4923; 

15 (e) Frankfort Regional Office, 200 Fair Oaks Lane, Third Floor, Frankfort, Kentucky 

16 40601, (502) 564-3358; 

17 (f) Hazard Regional Office, 233 Birch Street, Suite 2, Hazard, Kentucky 41701, 

18 (606) 435-6022; 

19 (g) London Regional Office, 875 S. Main Street, London, Kentucky 40741, (606) 

20 330-2080; 

21 (h) Owensboro Regional Office, 3032 Alvey Park Drive, W., Suite 700, Owensboro, 

22 Kentucky 42303, (270) 687-7304; and 

23 (i) Paducah Regional Office, 130 Eagle Nest Drive, Paducah, Kentucky 42003, 

54 
1 (270) 898-8468. 

2 (3) The Standard Industrial Classification Manual is also available under Order No. 

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

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

55 
~ Leonard K. Peters, Secretary 

Energy and Environment Cabinet 

56 
REGULATORY IMPACT ANALYSIS 

AND TIERING STATEMENT 

Administrative Regulation#: 401 KAR 51:001 

Contact person: Laura Lund, Environmental Technologist Ill 

(1) Provide. a brief summary of: 

(a) What this administrative regulation does: This administrative regulation 

defines the terms used in 401 KAR Chapter 51. 

(b) The necessity of this administrative regulation: This administrative 

regulation provides clear and consistent definitions for tenns used in 401 

KAR Chapter 51. 

(c) How this administrative regulation confonms to the content of the 

authorizing statutes: KRS 224.1 0-1 00(5) requires the Cabinet to provide 

for the prevention, abatement, and control of air pollution. The definitions 

contained in this administrative regulation are not more stringent than the 

corresponding federal definitions and assist in the fulfillment of federal and 

state statutes by providing clear and consistent defini~ions for terms used 

in 401 KAR Chapter 51. 

(d) How this administrative regulation currently assists or will assist in 

the effective administration of the statutes: 

This administrative regulation assists the public and the regulated · 

community by providing clear and consistent definitions for terms used in 

401 KAR Chapter 51. 

(2) If this is an amendment to an existing administrative regulation, provide a 

brief summary of: 

(a) How the amendment will change this existing administrative 

regulation: The proposed administrative regulation is being amended· in 

response to comments received during the public comment period. The 

Cabinet is adopting the relevant provisions of the most recent CFR. 

Definitions have also been amended for consistency with the 

corresponding federal rules, as comments received identified 

discrepancies. This amendment clarifies that precursor demonstrations 

are to be performed to the EPA Administrator's satisfaction or by the EPA. 

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

These amendments are necessary to ensure consistency between state 

and federal programs and eliminate regulatory uncertainty. 

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

statutes: This amendment provides for consistency with corresponding 

federal definitions affecting Kentucky's New Source Review (NSR) 

program. 

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

statutes: This amendment eliminates regulatory uncertainty by providing 

consistency with the corresponding federal programs. 

57 
(3) List the type and number of individuals, businesses, organizations, or state 

and local governments affected by this administrative regulation: 

Individuals, businesses, organizations, or governments will be affected by this 

regulation if they are subject to any of the requirements contained in this chapter. 

(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: This amendment maintains 

consistency with corresponding federal definitions affecting Kentucky's NSR 

program. 

(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: Affected facilities will be required to apply 

and use the terms as defined in this regulation. 

(b) In complying with this administrative regulation or amendment, how 

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

amendment does not impose an increased cost to the regulated 

community. 

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

identified in question (3): When operating in compliance, the affected 

facilities will not be subject to enforcement actions and penalties. 

Furthermore, compliance with the Clean Air Act requirements preserves 

and improves air quality throughout the Commonwealth. 

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

implement this administrative regulation: 

(a) Initially: The Cabinet will not incur any additional costs for the 

implementation of this administrative regulation. 

(b) On a continuing basis: There will not be any additional continuing costs 

for the implementation of this administrative regulation. 

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

enforCement of this administrative regulation: The Cabinet's curre_nt 

operating budget will be used for the implementation and enforcement of this 

administrative regulation. 

(7) Provide an assessment of whether an increase in fees or funding will be 

necessary to implement this administrative regulation, if new, or by the. 

change if it is an amendment. No increase in fees or funding is necessary to 

implement this administrative regulation amendment. 

(8) State whether or not this administrative regulation establishes any fees or 

directly or indirectly increases any fees. This administrative regulation does 

not establish, nor directly or indirec~y increase, any fees. 

(9) TIERING: Is tiering applied? Yes. This administrative regulation contains 

58 
thresholds over which facilities may be subject to permitting requirements. 

59 
FEDERAL MANDATE ANALYSIS COMPARISON 

1. Federal statute or regulation constituting the federal mandate. 42 U.S.C. 

7410(a)(1) requires Kentucky to adopt and submit a plan providing for the 

implementation, maintenance, and eriforcement of a NMQS. 

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

224.10-100(5). 

3. Minimum or uniform standards contained in the federal maildate. The Clean 

Air Act is the federa] mandate that requires states to have a plan for the attainment 

of the national primary ambient air quality standards and reasonable further.progress 

.of the air quality. 

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

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

mandate? No. 

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

different responsibilities or requirements. The definitions contained in this 

administrative regulation are not· more stringent than the corresponding federal 

definitions. 

60 
FISCAL NOTE ON STATE OR LOCAL GOVERNMENT 

Administrative Regulation#: 401 KAR 51:001 

Contact person: Laura Lund, Environmental Technologist Ill 

Phone: (502) 564-3999, ext. 4428 

1. 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? State and local governments will be required to use 

definitions contained in this administrative regulation if subject to the requirements of 

401 KAR Chapter 51. 

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

aulhonzes tfie -actron- tak·e-n -15y the--adTniniSfrative--reguratiOri KRS 224.10=- ·· 

100(5); 40 CFR 51.165, 51.166; and 42 U.S.C. 7401-7671q. 

3 Estimate the effeCt of this administrative regulation on the expenditures and 

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

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

regulation is to be in effect. 

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

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

districts) for the first year? This administrative regulation generates no revenue. 

(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 generates no 

revenue. 

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

Cabinet's existing operating budget is the source of funding for the implementation 

of this program. 

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

will be no additional costs for administering this program in subsequent years. 

Note: If specific dollar estimates cannot be determined, provide a brief narrative 

to explain the fiscal impacts of the administrative regulation. 

Revenues (+/-): There is no known effect on current revenues. 

Expenditures(+/-): There is no known effect on current expenditures. 

Other Explanation: There is no further explanation. 

61 
1 ENERGY AND ENVIRONMENT CABINET 

2 Department for Environmental Protection 

3 Division for Air Quality 

4 (Amended After Comments) 

TIM:IL72 'ZI .• r~.LRC 

SCI' 1 2 2012 

REGUlATIONS 

~l~ COMPILER 

5 401 KAR 51:017. Prevention of significant deterioration of air quality. 

6 RELATES TO: KRS 224.10-100, 40 C.F.R. 51 Subpart I, Appendix S, sec. IV, Part 

7 51, Appendix W, 51.166, 52.21, 52.26, 53, 58 Appendix A, 60, 61, 63, 70.6, 81.318, 81 

8 Subpart D, 42 U.S.C. 7401-7671q[, 4321 4370d, EO 2009 538] 

9 STATUTORY AUTHORITY: KRS 224.10-100(5), 40 C.F.R. 51.166, [52.21,] 42 

10 U.S.C. 7401-7671q[, EO 2009 538] 

11 NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100@ requires the 

12 cabinet to promulgate administrative regulations for the prevention, abatement, and 

13 control of air pollution. [EO 2009 538, effestive June 12, 2009, establishes !he Energy 

14 and Environment Cabinet.] This administrative regulation provides for the prevention of 

15 significant deterioration of ambient air quality. The provisions of this administratiVe 

16 regulation are not [different nor] more stringent than the corresponding federal 

17 requirements [regulation, 40 C.F.R. 51.11lll]. 

18 Section 1. Applicability. (1) This administrative regulation shall apply to the 

1 9 construction of a new major stationary source or a project at an existing major stationary 

20 source that commences construction after September 22, 1982, and locates in an area 

21 designated attainment or unclassifiable under 42 U.S.C. 7407(d)(1)(A)(ii) and (iii). 

1 
1 (2) Except as otherwise provided in this administrative regulation, the provisions of 

2 Sections 8 to 16 of this administrative regulation shall apply to the construction of a new 

3 major stationary source or a major modification of an existing major stationary source. 

4 (3) The owner or operator of a new major stationary source or major modification, 

5 which is subject to the requirements of Sections a· to 16 of this administrative regulation, 

6 shall not begin actual construction without a proposed penmit or proposed penmit 

7 revision issued under 401 KAR 52:020 stating that the major stationary source or major 

8 modification shall meet those requirements. 

9 (4) Applicability tests for projects. Except as provided in subsection (5) of this 

1 0 · section, a project shall be a major modification for a regulated NSR pollutant only if the 

11 project causes a significant emissions increase and a significant net emissions increase 

12 as provided in paragraphs (a) and (b) of this subsection. 

13 (a) Prior to beginning actual construction, the owner or operator shall first determine 

14 if a significant emissions increase will occur for the applicable type of unit being 

15 constructed according to subparagraphs 1 to 3 of this paragraph. 

16 1. Actual-to-projected actual applicabinty test for projects that only involve existing 

17 emissions units. A significant emissions increase of a regulated NSR pollutant shall be 

18 projected to occur if the sum of the difference between the projected actual emissions 

19 and the baseline actual emissions for each existing emissions unit equals or exceeds 

20 the significant amount for that pollutant 

21 2. Actual-to-potential test for projects that involve only construction of new 

22 emissions units. A significant emissions increase of a regulated NSR pollutant shall be 

23 projected to occur if the sum of the potential to emit from each new emissions unit 

2 
1 following completion of the project equals or exceeds the significant amount for that 

2 pollutant. 

3 3. Hybrid test for projects that involve muijiple types of emissions units. A significant 

4 emissions increase of a regulated NSR pollutant shall be projected to occur if the sum 

5 of the emissions increases for each emissions unit, using a method specified in 

6 subparagraphs 1 and 2 of this paragraph as applicable for each emissions unit, equals 

7 or exceeds the significant amount for that pollutant. 

8 (b) Prior to beginning actual construction and after completing the applicable 

9 procedure established in paragraph (a) of the subsection, the owner or qperator shall 

1 0 detemnine for each regulated NSR pollutant if a significant net emissions increase will 

11 occur pursuant to 401 KAR 51 :001, Section 1 (144) and (218). 

· 12 (5) For a plant-wide applicability limit (PAL) for a regulated NSR pollutant at a major 

13 stationary source, the owner or operator of the major stationary source shall comply 

14 with the applicable requirements of Section 20 offhis administrative regulation. 

15 Section 2. Ambient Air Increments. (1) In areas designated as Class I or II, 

16 increases .in pollutant concentration over the baseline concentration shall be limited to 

17 the following levels: 

Pollutant Maximum Allowable 

Increase 

(Micrograms per 

cubic meter) .. Class I 

Particulate Matter: 

. 

3 
PMz.s annual 1 

arithmetic mean 

PMz.s 24-hour ~ 

maximum 

PM10, annual 4 

arithmetic mean 

PM10, 24-hour 8 

maximum 

Sulfur Dioxide: 

Annual arithmetic 2 

mean 

24-hour maximum 5 

3-hour maximum 25 

Nitrogen Dioxide: 

Annual arithmetic 2.5 

mean 

Class II 

Particulate Matter: 

PM,.;, annual ~ 

arithmetic mean 

PM,.s 24-hour ll 

maximum 

4 
PM, 0 , annual 17 

. 

arithmetic mean . 

PM1o, 24-hour 30 

maximum 

Sulfur Dioxide: 

Annual arithmetic 20 

mean 

24-hour maximum 91 

3-hour maximum 512 

Nitrogen Dioxide: 

Annual arithmetic 25 

mean 

1 (2) For any penod other than an annual penod, the applicable maximum allowable 

2 increase may be exceeded during one (1) such period per year at any one (1) location. 

3 Section 3. Ambient Air ·Ceilings. The concentration of a regulated NSR pollutant 

4 shall not exceed the concentration allowed under the national secondary ambient air 

5 quality standard or under the national primary ambient air quality standard, whichever 

6 concentration is lower for the pollutant for a period of exposure. 

7 Section 4. Restrictions on Area Classifications. (1) The following areas, which were 

8 in existence on August 7, 1977, shall be Class I areas and shall not be redesignated: 

9 (a) International parks;· 

10 (b) National wilderness areas and national memorial parks that exceed 5,000 acres 

11 in size; and 

5 
1 (c) National parks that exceed 6,000 acres in size. 

2 (2) Any other area, unless otheiWise specified in the legislation creating the area, 

3 shall be designated Class II but may be redesignated as provided in 40 C.F.R. 

4 51.166(g). 

5 (3) The visibility protection requirements of this administrative regulation shall apply 

6 only to sources that may impact a mandatory Class I federal area. 

7 (4) The following areas may be redesignated only as Class I or II: 

8 (a) An area that as of August 7, 1977, exceeded 10,000 acres in size and was a 

9 national monument, a national primitive area, a national preserve, a national 

1 0 recreational area, a national wild and scenic river, a national wildlife refuge, a national 

11 lakeshore or seashore; and 

12 (b) A national park or national wilderness area established after August 7, 1977, 

13 which exceeds 10,000 acres in size. 

14 Section 5. Exclusions from Increment Consumption. (1) Pursuant to notice and 

15 opportunity for at least one (1) public hearing to be held in accordance with procedures 

16 established in 401 KAR 52:100, the cabinet may exclude the following concentrations in 

17 determining compliance with a maximum allowable increase: 

18 (a) Concentrations attributable to the increase in emissions from stationary sources 

19 that have converted from the use of petroleum products, natural gas, or both by reason 

20 of an order in effect under a federal statute or regulation over the emissions from these 

21 sources before the effective date of the order; 

22 (b) Concentrations attributable to the increase in emissions from sources that have 

23 converted from using natural gas by reason of a natural gas curtailment plan in effect 

6 
1 pursuant to a federal statute over the emissions from those sources before the effective 

2 date of the plan; 

3 (c) Concentrations of particulate matter attributable to the increase in emissions 

4 from construction or other temporary emission-related activities of new or modified 

5 sources; and 

6 (d) Concentrations attributable to the ·temporary increase in emissions of sulfur 

7 dioxide, particulate matter, or nitrogen oxides from stationary sources affected by plan 

8 revisions approved by the Administrator of the U.S. EPA as meeting the criteria 

9 established in subsection (3) of this section. 

10 (2)(a) Exclusion of concentrations shall not apply more than five (5) years after the 

11 effective date of the ·o~der to which subsection (1)(a) of this section refers or the 

12 curtailment plan to which subsection (1)(b) of this section refers, whichever is· 

13 applicable. 

14 (b) If both an order and curtailment plan are applicable, an exclusion shall not apply 

15 more than five (5) years after the later of the two (2) effective dates. 

16 (3) For excluding concentrations pursuant to subsection (1 )(d) of this section: 

17 (a) The time period over which the temporary emissions increase of sulfur dioxide, 

18 particulate matter, or nitrogen oxides would occur shall be specified and shall not 

19 exceed two (2) years in duration unless a longer time is approved by the U.S. EPA; 

20 (b) The time period for excluding certain contributions in accordance with paragraph 

21 (a) of this subsection shall not be renewable; 

22 (c) An emissions increase from a stationary source shall not occur that will: 

7 
1 1. Impact a Class I area or an area in which an applicable increment is known to be 

2 violated; or 

3 2. Cause or contribute to the violation of a national ambient air quality standard; and 

4 (d) Limitations shall be in effect at the end of the time period established in 

5 paragraph (a) of this subsection, which ~nsure that the emissions levels from stationary 

6 sources affected.by the_ SIP revision shall not exceed the levels occurring from those 

7 sources before the revision was approved. 

8 Section 6. Stack Heights. (1) The degree of emissions limitation required for control 

9 of an air pollutant under this administrative regulation shall not be affected by; 

10 (a) So much of the stack height of a source as exceeds good engineering practice; 

11 or 

12 (b) Another dispersion technique. 

13 (2) Subsection (1) of this section shall not apply to stack heights in existence before 

14 December 31, 1970, or to dispersion techniques implemented before then. 

15 Section 7. Exemptions. (1) Sections 8 to16 of this administrative regulation shall not 

16 apply to a particular major stationary source or major modification, if: 

17 (a) The owner or operator: 

18 1. Obtained the· necessary federal, state, and local preconstnuction approval 

19 effective before September 22, 1982; 

20 2. Commenced construction before September 22, 1982; and 

21 3. Did not discontinue construction for a period of eighteen (18) months or more. 

22 (b)1. The major stationary source is a nonprofit health institution, a nonprofit 

23 educational institution, or a major modification at such an institution; and 

8 
1 2. The Governor of the Commonwealth of Kentucky requests that it be exempt from 

2 those requirements. 

3 (c) The source or modification is a major stationary source or major modification 

4 only if fugitive emissions, to the extent quantifiable, are considered in calculating the 

5 potential to emit of the stationary source or modification and the source does not belong 

6 to any of the following categories: 

7 1. Coal cleaning plants with thermal dryers; 

8 2. Kraft pulp mills; 

9 3. Portland cement plants; 

10 4. Primary zinc smelters; 

11 5. Iron and steel mills; 

12 6. Primary aluminum ore reduction plants; 

13 7. Primary copper smelters; 

14 8. Municipal incinerators capable of charging more than 250 tons of refuse per day; 

15 9. Hydrofluoric, sulfuric, or nitric acid plants; 

16 10. Petroleum refineries; 

17 11. Lime plants; 

18 12. Phosphate rock processing plants; 

19 13. Coke oven batteries; 

20 14. Sulfur recovery plants; 

21 15. Carbon black plants, furnace process; 

22 16. Primary lead smelters; 

23 17. Fuel conversion plants; 

9 
1 18. Sintering plants; 

2 19. Secondary metal production plants; 

3 20. Chemical process plants, except ethanol production facilities producing ethanol 

4 by natural fenmentation under the North American Industry Classification Systen1 

5 (NAICS) codes 325193 or 312140; 

6 21. Fossil-fuel boilers, or combination of fossil-fuel boilers, totaling more than 250 

7 million BTUs per hour heat input; 

8 22. Petroleum storage and transfer units with a total storage capacity exceeding 

9 300,000 barrels; 

10 23. Taconite ore procassing plants; 

11 24. Glass fiber processing plants; 

12 25. Charcoal production plants; 

13 26. Fossil fuel-fired steam electric plants of more than 250 million BTUs per hour 

14 heat input; or 

15 27. Another stationary source category that, as of August 7, 1980, is being regulated 

16 under 42 U.S.C. 7411 or 7412. 

17 (d) The source or modification Is a portable stationary source that has previously 

18 received a permit under this administrative regulation; and 

19 1. The owner or operator proposes to relocate the source, and the emissions of. the 

20 source at the new location wm be temporary; 

21 2. The emissions from the source will not exceed its allowable emissions; 

22 3. The emissions from the source will not impact a Class I area or an area where an 

23 applicable increment is known to be violated; and 

10 
1 4.a. Reasonable notice is given to the cabinet prior to the relocation identifying the 

2 proposed new location and the probable duration of operation at the new location. 

3 b. Notice shall be given to the cabinet not less than ten (10) days in advance of the 

4 proposed relocation unless a different time duration is previously approved by the 

5 cabinet pursuant to this subsection. 

6 (e) The source or modification was not subject to this administrative regulation with 

7 respect to particulate matter requirements in effect before July 31; 1987, and the owner 

8 or operator: 

9 1. Obtained all final federal, state, and .local preconstruction approvals or permits 

10 necessary under the applicable SIP before July 31, 1987; 

11 2. Commenced construction within eighteen (18) months after July 31, 1987; and 

12 3. Did not discontinue construction for a period of eighteen (18) months or more and 

13 completed construction within a reasonable period of time. 

14 (D1. The source or modification was subject to this administrative regulation for 

15 particulate matter requirements in effect before July 31, 1987, and the owner or 

16 operator submitted an application for a permit under the applicable permit program 

17 before that date; and 

18 2. The cabinet subsequently determined that the application as submitted was 

19 complete with respect to the particulate matter requirements then in effect. 

20 (2) Sections 8 to 16 of this administrative regulation shall not apply to a major 

21 stationary source: or major modification for a particular pollutant if the owner or operator 

22 demonstrates that, for that pollutant, the source or modification is located in an area 

23 designated as nonattainment pursuant to 42 U.S.C. 7407(d)(1)(A)(i). 

11 
1 (3) Sections 9,11, and 13 of this administrative regulation shall not apply to a 

2 proposed major stationary source or major modification for a particular pollutant, ff the 

3 allowable emissions of that pollutant from the source, or the net emissions increase of 

4 that pollutant from a modification: 

5 (a) Will not impact a Class I area or an area where an applicable increment is known 

6 to be violated; and 

7 (b) Will be temporary. 

8 (4) SeCtions 9, 11, and 13 of this administrative regulation, as applicable to a 

9 maximum allowable increase for a ClaSs II area, shall not apply to a major modification 

10 at a stationary source that was in existence on March 1, 1978, if the net increaSe iri 

11 allowable emissions of each regulated NSR pollutant from the modification after the 

12 application of BACT will be less than fifty (50) tons per year. 

13 (5) The cabinet may exempt a proposed major stationary source or major 

14 modification from the monitoring requirements of Section 11 of this administrative 

15 re_gulation for a particular pollutant, if: 

16 (a) The emissions increase of the pollutant from the new source or the net 

17 emissions increase of the pollutant from the modification will cause air qualitY impacts in 

18 an area, which are less than the amounts listed in the following table; or 

Pollutant Air Quality Averaging 

Level Time 

Carbon 575 ~glm' 8-hour 

monoxide average 

12 
Nitrogen 14 ~glm' annual 

dioxide average 

PMa& 4 ug/m' 24-hour 

average 

PM1Q 1 o ug/m' 24-hour 

average 

[Particulate 10 ~glm -ef 24 hour 

FRatteF PMw a•,•era§e] 

Sulfur 13 ~g/m 24-hour 

dioxide average 

Ozone A de minimis air quality level 

is not provided for ozone. 

However, a net inCrease of 

1 00 tons per year or more of 

volatile organic compounds 

or n~rogen oxides subject to· 

this administrative regulation 

shall be required to perform 

an ambient impact analysis 

including the gathering of 

ambient air quality data. 

13 
Lead 0.1 ~g/m' 3-month 

ave-rage 

Fluorides 0.25 ~g/m" 24-hour 

average 

Hydrogen 0.2 ~g/m' 1-hour 

sulfide average 

Total 10 ~g/m' 1-hour 

reduced average 

sulfur, 

Reduced 10 ~g/m' 1-hour 

sulfur average 

compounds 

1 (b) The concentrations of the pollutant 1n the area that the source or modification will 

2 affect are less than the concentrations listed in the table in paragraph (a) of this 

3 subsection, or the pollutant is not listed in the table. 

4 (6) Permitting requirements equivalent .to Section 9(2) of this administrative 

5 regulation shall not apply to a stationary source or modification for a. maximum 

6 allowable increase for nitrogen oxides, if: 

7 (a) The owner or operator of the source or modification submitted an application for 

8 a permit or permit revision under the! applicable permit program before the date on 

9 which !.he provisions embodying the maximum allowable increase took effect in the 

10 Kentucky SIP; and 

14 
1 (b) The cabinet subsequently determined that the application as submitted before 

2 that date was complete. 

3 (7) Permitting requirements equivalent to Section 1 0(2) of this administrative 

4 regulation shall not apply to a stationary source or modification for a ma~imum 

5 allowable increase for PM10, if: 

6 (a) The owner or operator of the source or modification submitted an application for 

7 a permit under the applicable permit program before the provisions embodying the 

8 maximum allowable increases for PM10 took effect as part of Kentucky's SIP; and 

9 (b) The cabinet subsequently determined that the application as submitted before 

1 0 that date was complete. 

11 (8)(a) The cabinet may determine that the requirements for air quality monitoring of 

12 PM1o in Section 11 of this administrative regulation shall not apply to a particular source 

13 or modification, if: 

14 1. The owner or operator of the source or modification submitted an application for a 

15 permit under this section on or before June 1, 1988; and 

16 2. The cabinet subsequently determines that the application as submitted before 

17 that date was complete, except for the requirements for monitoling particulate matter 

18 specified in Section 11 of this administrative regulation. 

19 (b) The requirements for air quality monitoring of PM10 in Section 11 of this 

20 administrative regulation shalt apply to a particular source _or modification if the owner or 

21 operator of the source or modification submitted an application for a permit under 40 

22 C.F.R. 52.21 or this administrative regulation after June 1, 1988, and not later than 

23 December 1 , 1988. 

15 
1 1. The data shall have been gathered over at least the period from February 1, 

2 1988, to the date the application becomes complete in accordance with Section 11 of 

3 this administrative regulation; and 

4 2. If the cabinet detenmines that a complete and adequate analysis can be 

5 accomplished with monitoring data over a shorter period, which may not to be less than 

6 four (4) months, the data that Section 11 of this administrative regulation requires shall 

7 have been gathered over that shorter period. 

8 (9) If the owner or operator of the source or modification submitted an application for 

9 a penmit under 40 C.F.R. 52.21 or this administrative regulation before the date the 

1 0 provisions embodying the maximum allowable increases for PM10 took effect and the 

11 cabinet subsequently determined that the application as submitted before that date was 

12 complete, the requirements of Section 9(2) of this administrative regulation shall: 

13 (a) Not apply to a stationary source or modification for a maximum allowable 

14 increase for PM1o; and 

15 (b) Apply for the maximum allowable increases for TSP as in effect on the day the 

16 application was submitted. 

17 Section 8. Control Technology Review. (1) A major stationary source or major 

18 modification shall meet each applicable emissions limitation under the Kentucky SIP 

19 and each applicable emissions standard and standard of performance pursuant to 40 

20 C.F.R. Parts 60 and 61. 

21 (2) A new major stationary source shall apply BACT for each regulated NSR 

22 pollutant for which the source has the potential to emit in significant amounts. 

23 (3) A major modification shall apply BACT: 

16 
1 (a) For each regulated NSR pollutant that results in a significant net emissions 

2 increase at the source; and 

3 (b) For each proposed emissions unit at which a net emissions increase in the 

4 pollutant occurs as a result of a physical change or change in the method of operation 

5 of the unit. 

6 (4) For phased construction projects: 

7 (a) The cabinet shall review and modify, as appropriate, the BACT determination at 

8 the latest reasonable time occurring not later than eighteen (18) months prior to 

9 commencement of construction of each independent phase of the project; and 

10 (b) If requested by the cabinet, the owner or operator of the applicable stationary 

11 source shall demonstrate the adequacy of a previous BACT determination for the 

12 source. 

13 Section 9. Source Impact Analysis . .(1l_The owner or operator of the proposed 

14 source or modification shall demonstrate that allowable emissions increases from the 

15 proposed source or modification, in conjunction with all other applicable emission~ 

16 increases or reductions, including secondary emissions, shall not cause or contribute to 

17 air pollution- in violation of: 

18 .@l[f-11] A national ambient air quality standard in an air quality control region; or 

19 (Ql[~] An applicable maximum allowable increase over the baseline concentration 

20 in any area. 

21 . (2) For purposes of PM2.5, the demonstration pursuant to subsection (1) of this 

22 section is deemed to have been made if the emissions increase from the new stationary 

17 
1 · source alone or from the modification alone would cause. in all areas. an air quality 

2 impact less than the amounts listed in the following table. 

Pollutant Averaging Time Class I area Class II area 

PM,_, Annual 0.06 ~gim' 0.3 ~g!m' 

PM,_, I 24-hour 0.07 ~g/m 3 1.2 ~g/m3 

3 Sect1on 10. Air Quality Models. (1) Estimates of amb1ent concentrations shall be 

4 based on the applicable air quality models, databases, and other requirements specified 

5 in 40 C.F.R. Part_51, Appendix W, "Guideline on Air Quality Models" Appendix A. 

6 (2) It an air quality model specified in 40 C.F.R. Part 51, Appendix W, is 

7 inappropriate, the model may be modified or another model substituted. 

8 (a) The use of a modified or substitute model shall be: 

9 1. Subject to notice and opportunity tor public comment under 401 KAR 52:100; and 

10 2. Approved in writing by the U.S. EPA pursuant to 40 C.F.R. 51.166(1). 

11 (b) Methods similar to those outlined in the ''Workbook tor the Comparison of Air 

12 Quality Models," specified in 401 KAR 50:040, Section 1(3), shall be used to determine 

13 the comparability of air quality models. 

14 Section 11. Air Quality Analysis. (1) Preapplication analysis. 

15 (a) An application tor a permit or permit revision under 401 KAR 52:020 and this 

16 administrative regulation shall contain an analysis of ambient air quality in the area that 

17 the major stationary source or major modification will affect tor each of the following: 

18 1. For a source, each pollutant that the source will have the potential to emit in a 

19 .significant .amount; 

18 
1 2. For a modification, each pollutant that the modification will result in a significant 

2 . net emissions increase. 

3 (b) For a pollutant that does not have a national ambient air quality standard, the 

4 analysis shall contain air quality monitoring data the cabinet determines necessary to 

5 assess ambient air quality for that pollutant in an area that the emissions of that 

6 pollutant will affect. 

7 (c) For pollutants, other than nonmethane hydrocarbons, for which a standard 

8 exists, the analysis shall contain continuous air quality monitoring data gathered to 

9 determine if emissions of that pollutant will cause or contribute to a violation of the 

10 standard or a rilaxinium allowable increase. 

11 (d)1. The required continuous air quality monitoring data shall have been gathered 

12 over a period of at least one (1) year and shall represent at least the year preceding 

13 receipt of the application. 

14 2. If the cabinet determines that a complete and adequate analysis may be 

15 accomplished with monitoring data gathered over a period shorter than one (1) year, 

16 that period shall be not less than four (4) months. 

17 (e) For analysis of volatile organic compounds, the owner or operator of a proposed 

18 major stationary source a·r major modification who satisfies all conditions of 40 C.F.R. 

19 Part 51, Appendix S, section IV may provide postapproval monitoring data for ozone 

20 instead of providing preconstruction data as required in this section. 

21 (f) For air quality monitoring of PM10 under Section 7(8)(a) and (b) of this 

22 administrative regulation, the owner or operator of the source or major modification shall 

23 use a monitoring method approved by the cabinet pursuant to 40 C.F.R. Part 53 and 

19 
1 shall estimate the ambient concentrations of PM10 using the data collected by that 

2 approved monitoring method in accordance with estimating procedures approved by the 

3 cabinet pursuant to 40 C.F.R Part 58, Appendix A. 

4 (2) Postconstruction monitoring. After construction of a major stationary source or 

5 major modification, the owner or operator shall conduct ambient monitoring that the 

6 cabinet determines is necessary to determine the effect emissions from the stationary 

7 source or modification may have, or are having, on air quality in an area. 

8 (3) Operation of monitoring stations. During the operation of air quality monitoring 

9 stations, th~ owner or operator of a major stationary source or major modification shall 

10 meet the requirements of 40 C.F.R Part 58, Appendix A to satisfy the air quality 

11 analysis requirements of this section. 

12 Section 12. Source Information. The owner or operator of a proposed source or 

13 modification shall submit to the cabinet all information necessary to perform an analysis 

14 or make a determination required under this administrative regulation. 

15 (1) The information shall include: 

16 (a) A description of the nature, location, design capacity, and typical operating 

17 schedule of the source or modification; including specifications and drawings showing 

18 its design and plant layout; 

19 (b) A detailed schedule for construction of the source or modification; and 

20 (c) A detailed description of the system of continuous emissions reduction planned 

21 for the source or modification, emissions estimates, and any information necessary to 

22 determine that BACT will be applied. 

20 
1 (2) Upon request of the cabinet, the owner or operator shall also provide information 

2 on: 

3 (a) The air quality impact of the source or modification, including meteorological and 

4 topographical data neoessary to estimate the impact; and 

5 (b) The air quality impacts and the nature and extent ot general commerCial, 

6 residential, industrial, and other growth that has occurred since August 7, 1977, in the 

7 area the source or modification will affect. 

8 Section 13. Additional Impact Analysis. (1) The owner or operator shall provide an 

9 analysis of the impairment to visibility, soils, and vegetation that will occur as a result of: 

10 (a) The source or modification; and 

11 (b) General commercial, residential, industrial, and other growth associated with the 

12 source or modification. 

13 (2) The owner or operator shall not be required to provide an analysis of the impact 

14 on vegetation not having significant commercial or recreational ~alue. 

15 (3) The owner or operator shall provide an analysis of the air quality impact 

16 . projected for the area as a resufi of general commercial, residential, industrial, and other 

17 growth associated with the source or modification. 

18 (4) Visibility monitoring. 

19 (a) If the cabinet requires monitoring of visibility in a Class I area impacted by the 

20 proposed new stationary source or major modification, the monitoring shall be 

21 performed using: 

22 1. Human observations; 

23 2. Teleradiometers; 

21 
1 3. Photographic cameras; 

2 4. Nephelometers; 

3 5. Fine particulate monitors; or 

4 6. Other U.S. EPA-approved methods. 

5 (b) The method selected shall be determined on a case-by-case basis by the 

6 cabinet pursuant to 40 C.F.R. 51.166. 

7 (c) Visibility monitoring required by the cabinet in a Class I area shall be approved 

8 by the federal land manager. 

9 (d) Data obtained from visibility monitoring shall be made available to the cabinet, 

10 the U.S. EPA, and the federal land manager, upon request. 

11 Section 14. Sources Impacting Class I Areas; Additional Requirements. (1) Notice 

12 to U.S. EPA and federal land managers. The cabinet shall provide; 

13 (a) Written notice to the U.S. EPA, the federal land manager, and the federal official 

14 charged with direct responsibility for management of lands within a Class I area of a 

15 pemnit application for a proposed major stationary source or major modification that may 

16 affect the Class I area. 

17 (b) Notice promptly after receiving the pemnit application. The notice shall: 

18 1. Include a copy of all infomnation relevant to the permit application; 

19 2. Be given within thirty (30) days of receipt and at least sixty (60) days prior to the 

20 public hearing on the application for a permit to construct; and 

21 3. Include an analysis of the proposed source's anticipated impacts on visibility in 

22 the Class I area. 

22 
1 (c) The cabinet shall also provide the federal land manager and other federal 

2 officials with a copy of the preliminary determination and shall make available to them 

3 the materials used in making that determination, promptly after the cabinet makes it. 

4 The cabinet shall also notify all affected federal land managers within thirty (30) days of 

5 receipt of an advanced notification of the permit application. 

6 (2) Federal land manager. The federal land manager and the federal official charged 

7 with direct responsibil'lty for management of lands located in a Class I area shall have 

8. an affirmative responsibility to protect visibility and other air quality related values of the 

9 lands and to consider, in consultation with. the cabinet, if a proposed source or 

1 0 modification will have an adverse impact on those values. 

11 (3) Visibility analysis. 

12 (a) The cabinet shall consider an analysis performed by the federal land manager, 

13 which is provided within thirty (30) days of the notice and analysis required by 

14 subsection (1) of this section, which shows that a proposed new major stationary source 

15 or major modification may have an adverse impact on visibility in a Class I area. 

16 (b) If the cabinet finds the analysis does not demonstrate to the cabinet's 

17 satisfaction that an adverse impact on visibility will result in the Class I area, the cabinet 

18 shall, in the public notice required in 401 KAR 52:100, either explain that decision or 

19 give notice as to where the explanation may be obtained. 

20 (4) Denial; impact on air quality related values. 

21 (a) The federal land manager of lands located in a Class I area may demonstrate to 

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

23 adverse impact on the visibility and other air quality related values of those lands, even 

23 
1 though the .-change in air qualify resulting from emissions from the proposed source. or 

2 modification will not cause or contribute to concentrations that will exceed the maximum 

3 allowable increases for a Class I area. 

4 (b) If the cabinet concurs with the demonstration specified in paragraph (a) of this 

5 subsection, the cabinet shall not issue the permit or permit revision. 

6 (5) Class !_variances. 

7 (a) The owner or operator of a proposed source or modification may demonstrate to 

8 the federal land manager that the emissions from the source or modification will not 

S. ~ .h'!ve_ adverse impact on the visibility or other air quality related values of lands located 

10 in a Class I area, even though the change in air quality· resulting from emissions· from 

11 the source or modification will cause or contribute to concentrations that will exceed the 

12 maximum allowable increases for a Class I area as specified in Section 2(1) of this 

13 administrative regulation. 

14 (b) If limitations are necessary, the cabinet may issue the permit or permit revision 

15 with emissions limitations necessary to assure that emissions of sulfur dioxide, PMz.5~ 

16 PM1o [particulate matter], and nitrogen oxides will not exceed the maximum allowable 

17 increases over minor source baseline concentration for the pollutants as specified in 40 

18 C.F.R. 51.166(p)(4), as published on July 1, 2012, [Section 2(1) of this administrative 

19 regulation] if: 

20 1. The federal land. manager concurs with the demonstration specified in paragraph 

21 (a) of this subsection and certifies accordingly; and 

22 2. The other applicable requirements of this administrative regulation are met. 

23 (6) Sulfur dioxide variance by governor with federal land manager's concurrence. 

24 
1 (a) The owner or operator of a proposed source or modification, which cannot be 

2 approved under subsection (5) of this section because the source cannot be 

3 constructed without exceeding a maximum allowable increase in sulfur dioxide 

4 applicable to a Class I area for a period of twenty-four (24) hours or less, may 

5 demonstrate to the Governor of the Commonwealth of Kentucky that a variance will not 

6 adversely affect the visibility or other air quality related values of the area. 

7 (b) The governor, after consideration of the federal land manager's 

8 recommendation, if applicable, and subject to the federal land manager's concurrence, 

9 may, after notice and public hearing, grant a variance from the maximum allowable 

10 increase. 

11 (c) If a variance is granted, the cabinet shall issue a permit or permit revision to the 

12 source or modification under the requirements of 401 KAR Chapter 52 if the other 

13 applicable requirements of this administrative regulation are met. 

14 (7) Variance by the governor with the President's concurrence. 

15 (a) If the Governor of the Commonwealth of Kentucky recommends a variance in 

16 which the federal land manager does not concur, the recommendations of the governor 

17 and the federal land manager shall be transmitted to the President of the United States 

18 of America. 

19 (b) If the variance is approved by the President, the cabinet shall issue a permit or 

20 permit revision in accordance with the requirements of 401 KAR Chapter 52, if the other 

21 applicable requirements of this administrative regulation are met. 

25 
1 (8) Emissions limitations for presidential or gubernatorial variance. For a permit or 

2 permit revision issued pursuant to subsections (6) or (7) of this section, the source or 

3 modification shall comply with the emissions limitations necessary to assure that: 

4 (a) Emissions of sulfur dioxide from the source or modification shall not, during a 

5 day on which the other applicable maximum allowable increases are exceeded, cause 

6 or contribute to concentrations that will exceed the maximum allowable increases bver 

7 the baseline concentration as specified in the following table; and 

Maximum Allowable Increase 

(Micrograms per cubic meter) 

Terrain areas 

Period of Low High 

Exposure 

24-hour maximum 36 62 

3-hour maximum 130 221 

8 (b) Em1ss1ons shall not cause or contnbute to concentrations that exceed other 

9 applicable maximum allowable increases for periods of exposure of twenty-four (24) 

10 hours or less for more than a total of eighteen (18) days that are not necessarily 

11 consecutive during an annual period. 

12 Section 15. Public Participation. The cabinet shall follow the applicable procedures 

13 of 401 KAR 52:100, 40 C.F.R. 51..166(q), and this administrative regulation in 

14 processing applications under this administrative regulation. 

15 Section 16. Source Obligation. (1) An owner or operator of a source or modification 

16 subject to this administrative regulation who begins actual construction after September 

26 
1 22, 1982, shall construct and operate the source or modification in accordance with the 

2 application submitted to the cabinet under this administrative regulation and 401 KAR 

3 52:020 or under the terms of an approval to construct. 

4 (2)(a) Approval to construct shall become invalid if construction: 

5 1, Is not commenced within eighteen (18) months after receipt of the approval; 

6 2. Is discontinued for a period of eighteen (18) months or more; or 

7 3. Is not completed within a reasonable time. 

8 (b) The cabinet may extend the eighteen (18) month period upon a satisfactory 

9 demonstration that an extension is justified. 

10 1. An extension shall not apply to the time period between construction of the 

11 approved phases of a phased construction project; and 

12 2. Each phase shall commence construction within eighteen (18) months of the 

13 projected and approved commencement date. 

14 (3) Approval to construct shall not relieve an owner or operator of the responsibility 

15 to comply fully with 401 KAR Chapters 50 to 68 and other requirements of local, state, 

16 or federal law. 

17 (4} If a particular source or modification becomes a majOr stationary source or major 

18 modification solely by virtue of a relaxation in an enforceable limitation that was 

19 established after August 7, 1980, on the capacity of the source or modification to emit a 

20 pollutant,.Sections 8 to 16 of this administrative regulation shall apply to the source or 

21 modification as though construction had not yet commenced on the source or 

22 modification. 

27 
1 (S)(a) The provisions of this subsection shall apply to projects at existing emissions 

2 unitS at a major stationary source other than projects at a source with a PAL, if: 

3 1. There is a reasonable possibility that a project that is not part of a major 

4 modification may result in a significant emissions increase; and 

5 2. The owner or operator elects to use the method specified in 401 KAR 51:001, 

6 Section 1(199)(b) to calculate projected actual emissions. 

7 (b) Before beginning actual construction of a project specified in paragraph (a) of 

8 this subsection, the owner or operator shall document and maintain a record of the 

9 following infonmation: 

1 0 1. A description of the project; 

11 2. Identification of the emissions units for which emissions of a regulated NSR 

12 pollutant could be affected by the project; and 

13 3. A description of the applicability test used to determine that the project is not a 

14 major modification for any regulated NSR pollutant, including: 

15 a. Baseline actual emissions; 

16 b. Projected actual emissions; 

17 c. Amount of emissions excluded in calculating projected actual emissions and an 

18 explanation for why that amount was excluded; and 

19 d. Any applicable netting calculations. 

20 (c) For a project specified in paragraph (a) of this subsection, the owner or operator 

21 shall: 

28 
1 1. Monitor the emissions of any regulated NSR pollutant that could increase as a 

2 result of the project and that are emitted by any emissions unit identified in paragraph 

3 (b)2 of this subsection; and 

4 2. Calculate and maintain a record of the annual emissions, in tons per year on a 

5 calendar year basis for: 

6 a. Five (5) years following resumption of regular operations after the change; or 

7 b. Ten (10) years following resumption of regular operations after the change if the 

8 project increases the design capacity or potential to emit of the regulated NSR pollutant 

9 at the emissions unit. 

10 (d) lithe emissions unit is an existing EUSGU, before beginning actual construction, 

11 the owner or operator: 

12 1. Shall provide acopy of the information in paragraph (b) of this subsection to the 

13 cabinet, but shall not be required to obtain a determination from the cabinet before 

14 beginning actual construction; and 

15 2. Shall submit a report to the cabinet within sixty (60) days after the end of each 

16 year during which records are required to be generated under paragraph (b) of this 

17 subsection that reports the unit1s annual emissions during the calendar year that 

18 preceded submission of the report. 

· 19 (e)1. For an existing unit other than an EUSGU, the owner or operator shall submit a 

20 report to the cabinet if: 

21 a. The annual emissions, in tons per year, from a project identified in paragraph (a) 

22 of this subsection exceeds the baseline actual emissions, as documented and 

29 
1 maintained pursuant to paragraph (b)3 of this subsection, by. a significant amount for 

2 that regulated NSR pollutant; and 

3 b. The emissions differ from the preconstruction projection as documented and 

4 maintained pursuant to paragraph (b)3 of this subsection. 

5 2. The report shall be submitted within sixty (60) days after the end of the year 

6 during which records are required to be generated under paragraph (b) of this 

7 subsection and shall contain the following: 

8 a. The name, address, and telephone number of the major stationary source; 

9 b. The annual emissions as calculated pursuant to paragraph (c) of this subsection; 

10 and 

11 c. Any other information that the owner or operator wishes to include in the report. 

12 (f) The owner or operator of the source shall make the information· required to be 

13 documented and maintained under to this subsection available for review upon request 

14 for inspection by the cabinet or the general public pursuant to 401 KAR 52:1 00. 

15 Section 17. Environmental Impact Statements. If a proposed source or modification 

16 is subject to action by a federal agency that may necessitate preparation of an 

17 environmental impact statement under 42 U.S.C. 4321 to 4370d (the National 

18 Environmental Policy Act), review by the cabinet conducted in accordance with this 

19 administrative regulation shall be coordinated with the broad environmental revieWs 

20 under that Act and under 42 U.S.C. 7609 to the maximum extent feasible and 

21 reasonable. 

30 
1 Section 18. Innovative Control Technology. (1) An owner or operator of a proposed 

2 major stationary source or major modification may make a written request that the 

3 cabinet approve a system of innovative control technology. 

4 (2) The cabinet may, with the consent of the governors of other affected states, 

5 detenmine that the source or modification may employ a system of innovative control 

6 technology if: 

7 (a) The proposed control system will not cause or contribute to an unreasonable risk 

8 to public health, welfare, or safety in its operation or function; 

9 (b) The owner or operator agrees to achieve a level of continuous emissions 

10 reduction equivalent to that which would have been required under Section 8(2) of this 

11 administrative regulation by a date, specified by the cabinet that is not later than four (4) 

12 years from the time of start-up or seven (7) years from permit issuance; 

13 (c) The source or modification shall meet requirements equivalent to those in 

14 Sections 8 and 9 of this administrative regulation based on the emissions rate that the 

15 stationary source employing the system of innovative control technology shall be 

16 required to meet on the date specified by the cabinet; 

17 (d) The source or modification shall not before the date specified by the cabinet: 

18 1. Cause or contribute to a violation of an applicable national ambient air quality 

19 standard; or 

20 2. Impact an area in which an applicable increment is known to be violated; 

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

22 satisfied for all periods during the life ofthe source or modification; and 

31 
1 (f) All other applicable requirements including those for public participation have 

2 been met. 

3 (3) The cabinet shall withdraw approval to employ a system of innovative control 

4 technology if: 

5 (a) The proposed system fails by the specified date to achieve the required 

6 continuous emissions reduction rate; 

7 (b) The proposed system fails before the specified date and contributes to an 

8 unreasonable risk to public health, welfare, or safety; or 

9 (c) The cabinet decides that the proposed system is unlikely to achieve the required 

10 level of control or to protect the public health, welfare, or safety. 

11 (4) If a source or modification fails to meet the required level of continuous 

12 emissions reduction within the specified time period or the approval is withdrawn in 

13 accordance with subsection (3) of this section, the cabinet may allow the source or 

14 modification up to an additional three (3) years to meet the requirement for the 

15 application of BACT through use of a demonstrated system of control. 

16 Section 19. Permit Condition Rescission. (1)(a) An owner or operator holding a 

17 permit for a stationary source or modification that contains conditions pursuant to 401 

18 KAR 51:015 or 51 :016E may request that the cabinet rescind the applicable conditions. 

19 (b) An owner or operator of a stationary source or modification who holds a permit 

. 20 for the source or modification that was issued und.er this administrative regulation as in 

21 effect on July 30, 1987, or an earlier version of this administrative regulation, may 

22 request that the cabinet rescind the permit or a particular portion of the permit. 

32 
1 (2) The cabinet shall rescind a permit condition if requested and if the applicant can 

2 demonstrate to the satisfaction of the cabinet that this administrative regulation does not 

3 apply to the source or modification or to a portion of the source or modification. 

4 Section 20. Plant-wide Applicability Limit Provisions. The cabinet shall only approve 

5 the use of an actuals PAL (PAL) for an existing major stationary source if the PAL 

6 meets the requirements of this section. 

7 (1) General provisions. 

8 (a) An owner or operator may execute a project without triggering major NSR, if the 

9 source maintains its total source-wide emissions below the PAL level, meets the 

10 requirements in this section, and complies with the PAL permit. If these conditions are 

11 met, a project: 

12 1. Shall not be considered a major modification for the PAL pollutant; 

13 2. Shall not have to be approved through Kentucky's major NSR program; and 

14 3. Shall not be subject to the provisions of Section 16(4) of this administrative 

15 regulation concerning restrictions on relaxing enforceable emission limitations that a 

16 major stationary source used to avoid applicability of the major NSR program. 

17 (b) Except as provided under subparagraph (1)(a)3 of this section, a major 

18 stationary source shall continue to comply with all applicable federal or state 

19 requirements, emissions limitations, and work practice requirements that were 

20 established prior to the effective date of the PAL 

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

22 source shall submit the following information to the cabinet for approval as part of an 

23 application for a permit or permit revision requesting a PAL: 

33 
1 (a) A list of all emissions units at the source designated as small, significant, or 

2 major, based on their potential to emit; 

3 (b) Identification of the federal and state applicable requirements, emissions 

4 limitations, and work practice requirements that apply to each ~missions unit; 

5 (c) Calculations of the baseline actual emissions for the em·issions units with 

6 supporting documentation, including emissions associated with startup, shutdown, and 

7 malfunction; and 

8 (d) The calculation procedures the owner or operator proposes to use to convert the 

9 monitoring system data to monthly emis·sions and annual emissions based on a twelve 

10 (12) month rolling total for each month as required by subsection (12)(a) of this section. 

11 (3) Establishing a PAL. The cabinet shall establish a PAL at a major stationary 

12 source in a federally enforceable permit pursuant to the requirements of this section. 

13 (a) The PAL shall impose an annual emissions limitation in tons per year that is 

14 enforceable as a practical matter for the entire major stationary source. 

15 1. For each month during the PAL effective period after the first twelve (12) months 

16 of establishing a PAL, the owner or operator shall demonstrate that the sum of the 

17 monthly emissions from each emissions unit under the PAL for the previous twelve (12) 

18 consecutive months is less than the PAL as a twelve (12) month average, rolled 

19 monthly; and 

20 2. For each month during the first eleven (11) months from the PAL effective date, 

21 the owner or operator shall demonstrate that the sum of the preceding monthly 

22 emissions from the PAL effective date for each emissions .unit under the PAL is less 

23 than the PAL. 

34 
1 (b) The PAL shall be established in a PAL permit that: 

2 1. Meets the public participation requirements in subsection (4) of this section; and 

3 2. Contains all the requirements of subsection (6) of this section. 

4 (c) A PAL shall include fugitive emissions, to the extent quantifiable, from all 

5 emissions units that emit or have the potential to emit the PAL pollutant at the major 

6 stationary source. 

7 (d) Each PAL shall regulate emissions of only one (1) pollutant. 

8 (e) Each PAL shall have a PAL effective period often (10) years. 

9 (f) The owner or operator of a major stationary source with a PAL shall comply with 

10 .the monitoring, recordkeeping, and reporting requirements of subsections (11) to (13) of 

11 this section for each emissions unit under the PAL through the PAL effective period. 

12 (g) Emissions reductions of a PAL pollutant that occur during the PAL effective 

13 period shall not be creditable as decreases for offsets under 40 C.F.R. 51.165(a)(3)(ii), 

14 unless: 

15 1. The level of the PAL is reduced by the amount of the emissions reductions; and 

16 2. The reductions will be creditable in the absence of the PAL. 

17 (4) Public participation requirements. PALs for existing major stationary sources 

18 shall be established, renewed, or increased pursuant to this subsection and ·the 

19 applicable procedures of 401 KAR 52:100. The cabinet shall: 

20 (a) Provide the public with notice of the proposed approval of a PAL permit with at 

21 least a thirty (30) day period for submittal of public comment; and 

22 (b) Address all material comments before taking final action on a PAL permit or 

23 permit revision. 

35 
1 (5) Setting the ten (10) year PAL level. 

2 (a) The PAL level for a major stationary source shall be the sum of the baseline 

3 actual emissions of the PAL pollutant for each emissions unit at the source during the 

4 chosen twenty-four (24) month period plus the applicable significant level for the PAL 

5 pollutant under the definition for "significant" in 401 KAR 51:001, Section 1 or under 42 

6 U.S.C. 7401-7671q, whichever is lower. 

7 (b) In establishing a PAL level for a PAL pollutant, only one (1) consecutive twentya four (24) month period shall be used to determine the baseline actual emissions for all 

9 existing emissions units. 

10 (c) A different consecutive twenty-four (24) month period may be used for each 

11 different PAL pollutant. 

12 (d) Emissions associated with units that were penmanently shut down after the 

13 chosen twenty,four (24) month period shall be subtracted from the PAL level. 

14 (e) Emissions from units for which actual construction began after the twenty-four 

15 (24) month period shall be added to the PAL level in an amount equal to the potential to 

16 emit of the units. 

17 (f) The cabinet shall specify a reduced PAL level in the PAL penmit to become 

18 effective on the future compliance date of any applicable federal or state regulatory 

19 requirement that the cabinet is aware of prior to issuance of the PAL permit. 

20 (6) Contents of the PAL penmit. The PAL penmit shall contain the following 

21 infonmation: 

22 (a) The PAL pollutant and the applicable source-wide emissions limitation in tons 

23 per year; 

36 
1 (b) The PAL permit effective date and the expiration date of the PAL or PAL 

2 effective period; 

3 (c) Specification in the PAL permit that if a major stationary source owner or 

4 operator applies to renew a PAL under subsection (9) of this section before the end of 

5 the PAL effective period, the PAL shall remain in effect until a revised PAL permit is 

6 issued by the cabinet; 

7 (d) A requirement that emissions calculations for compliance purposes include 

8 emissions from startups, shutdowns, and malfunctions; 

9 (e) A requirement that, once the PAL expires, the major stationary source shall be 

10 subject to the requirements of subsection (8) of this section; 

11 (f) The calculation procedures that the major stationary source owner or operator 

12 shall use to convert the monitoring system data to monthly emissions and annual 

13 emissions based on a twelve (12) month rolling total for each month as required by 

14 subsection (12)(a) of this section; 

15 (g) .A requirement that the major stationary source owner or operator shall monitor 

16 all emissions units. in accordance with the provisions in subsection (12) of this section; 

17 (h) A requirement that the owner or operator shall retain the records required under 

18 subsection (12) of this section on site. Records may be retained in an electronic format; 

19 (i) A requirement for the owner or operator to submit the reports required under 

20 subsection (13) of this section by the required deadlines; and 

21 U) Any requirements necessary to implement and enforce the PAL 

22 (7) PAL effective period and reopening of a PAL permit 

23 (a) A PAL effective period shall be ten (10) years. 

37 
1 (b) The cabinet shall reopen a PAL permit to: 

2 1. Correct typographical or calculation errors made in setting the PAL; 

3 2. Reflect a more accurate determination of emissions used to establish the PAL; 

4 3. Reduce the PAL if the owner or operator of the major stationary source creates 

5 creditable emissions reductions for use as offsets under40 C.F.R. 51.165(a)(3)(ii); or 

6 4. Revise the PAL to reflect an increase in the PAL according to subsection (10) of 

7 this section. 

8 (c) The cabinet may reopen the PAL pemnit, during the PAL effective period, to: 

9 1. Reduce the PAL to reflect newly applicable federal requirements with compliance 

10 dates after the PAL effective date; 

11 2. Reduce the PAL consistent with any requirement enforceable as a practical 

12 matter and imposed on the major stationary source under the SIP; and 

13 3. Reduce the PAL if the cabinet determines that a reduction is necessary to avoid 

14 causing or contributing to: 

15 a. A National Ambient Air Quality Standard (NAAQS) or PSD increment violation; or 

16 b. An adverse impact on visibility or another air quality related value that has been 

17 identified for a federal Class I area by a federal land manager and for which information 

18 is available to the general public. 

19 (d) All permit reopenings shall be carried out under the public participation 

20 requirements of subsection (4) of this section except for permit reopenings to correct 

21 typographical or calculation of errors that do not increase the PAL level. 

22 (8) Expiration of a PAL. A PAL that is not renewed shall expire at the end of the PAL 

23 effective period, and the requirements of this subsection shall then apply. 

38 
1 {a) Each emissions unit, or each group of emissions units, that existed under the 

2 PAL shall comply with an allowable emissions limitations under a revised permit 

3 established as follows: 

4 1. An owner or operator of a major stationary source using a PAL shall submit a 

5 proposed allowable emissions limitation for each emissions unit, or each group of 

6 emissions units, by distributing the PAL allowable emissions for the major stationary 

7 source among each of the emissions units that existed under the PAL. 

8 a. This proposal shall be submitted to the cabinet at least six (6) months before the 

9 expiration of the PAL permit but not sooner than eighteen (18) months before permit 

10 expiration. 

11 b. If the PAL has not yet been adjusted for an applicable requirement that became 

12 effective during the PAL effective period, as required under subsection (9)(e) of this 

13 section, distribution of allowable emissions shall be made as if the PAL has been 

14 adjusted. 

15 2. The cabinet shall decide the date and procedure the owner or operator shall use 

16 to distribute the PAL allowable emissions. 

17 3. The cabinet shall issue a revised permit incorporating allowable limits for each 

18 emissions unit, or each group of emissions units, as the cabinet determines is 

19 appropriate. 

20 (b) Each emissions unit shall comply with the allowable emissions limitation on a 

21 twelve (12) month rolling basis. The cabinet may approve the use of monitoring systems 

22 other than GEMS, GERMS, PEMS, or GPMS if the alternate monitoring system 

23 demonstrates compliance with the allowable emissions limitation. 

39 
1 (c) The source shall continue tb comply with a source-wide, multiunit emissions cap 

2 equivalent to the level of the PAL emissions limitation until the cabinet issues the 

3 revised permit incorporating allowable limits for each emissions unit or each group of 

4 emissions t,Jnits. 

5 (d) A major modification at the major stationary source shall be subject to major 

6 NSR requirements. 

7 (e) The major stationary source owner or operator shall continue to comply with any 

8 state or federal applicable requirements eliminated by the PAL that applied during or 

9 before the PAL effective period, except for those emissions limitations established 

10 pursuant to Section 16(4) of this administrative regulation. 

11 (9) Renewal of a PAL. 

12 (a) Public participation requirements. 

13 1. The cabinet shall follow the public participation procedures specified in 

14 subsection (4) of this section in approving a request to renew a PAL for a major 

15 stationary source. 

16 2. The cabinet shall provide a written rationale for the proposed PAL level for public 

17 review and comment. 

18 3. Any person may propose a PAL level.for the source for considera1ion by the 

19 cabinet during the public review period. 

20 (b) Application deadline. 

21 1. A major stationary source owner or operator shall submit an application for 

22 renewal of a PAL at least six (6) months before the date of penmit expiration bu1 not 

23 earlier than eighteen (18) months before penmit expiration. 

40 
1 2. The deadline for application submittal shall ensure that the permit shall not expire 

2 before the permit is renewed. 

3 3. If a complete application for renewal is submitted within the timeframe specified in 

4 subparagraph 1 of this paragraph, the PAL shall continue to be effective until the 

5 revised permit with the renewed PAL is issued. 

6 (c) Application requirements. The application to renew a PAL permit shall contain: 

7 1. The infonmation required in subsection (2) of this section; 

8 2. A proposed PAL level; 

9 3. The sum of the potential to emit of all emissions units under the PAL with 

10 supporting documentation; and 

11 4. Any other inforinatioh the owner or operator wishes the cabinet to consider in 

12 determining the appropriate level to renew the PAL. 

13 (d) PAL adjustment. 

14 1. A PAL shall not exceed the source's potential to emit. The cabinet shall adjust the 

15 PAL downward if a source's potential to emit has declined below the PAL level. 

16 2. The cabinet may renew the PAL at the same level as the current PAL if the sum 

17 of the baseline actual emissions for all emissions units at the so_urce plus an amount 

18 equal to the significant level is equal to or greater than eighty (80) percent of the current 

19 PAL level, unless the sum is greater than the source's potential to emit. 

20 3. If the sum of the baseline actual emissions for all emissions units at the source 

21 plus an amount equal to the significant level is less than eighty (80) percent of the 

22 current PAL level, the cabinet may set the PAL at a different level if the level is 

23 detenmined to be: 

41 
1 a. More representative of the source's baseline actual emissions; or 

2 b. Appropriate considering the following factors: 

3 (i) Air quality needs; 

4 (ii) Advances in control technology; 

5 (iii) Anticipated economic growth in the area of the source; 

6 (iv)· The cabinet's goal of promoting voluntary emissions reductions; 

7 (v) Cost effective emissions control alternatives; and 

8 (vi) Other factors as specifically identified by the cabinet in its written rationale for 

9 setting the PAL level. 

10 4. The cabinet shall not approvea renewed PAL level higher than the current PAL, 

11 unless the major stationary source has complied with the provisions of subsection (10) 

12 of this section. 

13 (e) The PAL shall be adjusted in conjunction with PAL permit renewal or Title V 

14 permit renewal, whichever comes first, if: 

15 1. The compliance date for a state or federal applicable requirement that applies to 

16 the PAL source occurs during the PAL effective period; and 

17 2. The cabinet has not already adjusted for the requirement. 

18 (10) Increasing a PAL during the PAL effective period. The cabinet may increase a 

19 PAL emissions limitation during the PAL effective period if the major stationary source 

20 complies with the provisions of this subsection. 

21 (a) Application procedures. To request an increase in the PAL limit for a PAL major 

22 modification, the owner or operator of the major stationary source shall submit a 

23 complete application, which shall include: 

42 
1 1. Identification of the emissions units contributing to the increase in emissions that 

2 cause the source1S emissions to equal or exceed its PAL; 

3 2. Demonstration that the increased PAL, as calculated in paragraph (c) of this 

4 subsection, exceeds the PAL; and 

5 a. The level of control that results from BACT equivalent controls on each significant 

6 or major emissions unit shall be determined by conducting a new BACT analysis with 

7 the application submittal, unless the emissions unit is currently required to comply with a 

8 BACT or LAER requirement that was established within the preceding ten (10) years; 

9 b. If an emissions unit currently complies with BACT or LAER, the assumed control 

10 .level for that emissions unit shall be equal to the current level of BACT or LAER for that 

11 emissions unit; and 

12 3. A statement that the increased PAL level shall be effective on the day any 

13 emissions unit that is part of the PAL major modification becomes operational and 

14 begins to emit the PAL pollutant. 

15 (b) NSR permit and compliance requirement. The owner or operator shall obtain a 

16 major NSR permit for all emissions units contributing to the increase in emissions for the 

17 PAL major modification. 

18 1. A significant level shall not apply in deciding for which emissions units a major 

19 NSR permit shall be obtained; and 

20 2. Emissions units that obtain a major NSR permit shall comply with any emissions 

21 requirements resulting from the major NSR process, even though the units shall also 

22 become subject to the PAL or shall continue to be subject to the PAL. 

43 
1 (c) Calculation of increased PAL. The cabinet shall calculate the new PAL as the 

2 sum of the allowable emissions for each modified or new emissions unit, plus the sum 

3 of the baseline actual emissions of the significant and major emissions units assuming 

4 application of BACT equivalent controls, plus the sum of the baseline actual emissions 

5 of the small emissions units. 

6 (d) Public notice requirement. The public notice requirements of subsection (4) of 

7 this section shall be followed during PAL penmit revision for an increased PAL level. 

8 (11) Monitoring requirements for PALs. 

9 (a) General requirements. 

10 1. Each PAL permit shall contain enforceable requirements for the chosen 

11 monitoring system that accurately determines plant-wide emissions of the PAL pollutant 

12 in terms of mass per unit of time; 

13 2. A monitoring system authorized for use in the PAL permit shall be: 

14 a. Approved by the cabinet pursuant to this subsection; and 

15 b. Based on sound science and meet generally acceptable scientific prOcedureS for 

16 data quality and manipulation; 

17 3. The data generated by a monitoring system shall meet minimum legal 

18 requirements for admissibility in a judicial proceeding to enforce the PAL permit; 

19 4. The PAL monito'ring system shall employ one (1) or more of the· four (4) general 

20 monitoring approaches meeting the minimum requirements set forth in paragraph (b) of 

21 this subsection; 

22 5. The cabinet may approve an alternative monitoring approach that meets the 

23 requirements of subparagraphs 1 to 3 of this paragraph; and 

44 
1 6. Failure to use a monitoring system that meets the requirements of this section 

2 shall render the PAL invalid. 

3 (b) Minimum performance requirements for approved monitoring approaches .. If 

4 conducted in accordance with the minimum requirements in paragraphs (c) to (i) of this 

5 subsection, the following shall be acceptable monitoring approaches: 

6 1. Mass balance calculations for activities using coatings or solvents; 

7 2. CEMS; 

8 3. CPMS or PEMS; and 

9 4. Emission factors. 

10 (c) Mass balance calculations. An owner or operator using mass balance 

11 calculations to monitor PAL pollutant emissions from activities using coatings or 

12 solvents shall: 

13 1. Provide a demonstrated means of validating the published content of the PAL 

14 pollutant contained in or created by .all materials used in or at the emissions unit; 

15 2. If the PAL pollutant cannot be accounted for in the process, assume that the. 

16 emissions unit emits all of the PAL pollutant contained in or created by any raw material 

· 17 or fuel used in or at the emissions unit; and 

18 3. If the vendor of the material or fuel from which the pollutant originates publishes a 

19 range, use the highest value of the published range of pollutant content to calculate the 

20 PAL pollutant emissions, unless the cabinet determines there is site-specific data or a 

21 site-specific monitoring, program to support another pollutant content within the range. 

22 (d) GEMS. An owner or operator using GEMS to monitor PAL pollutant emissions 

23 shall meet the following requirements: 

45 
1 1. GEMS shall comply with applicable performance specifications found in 40 G.F.R. 

2 Part 60, Appendix B; and 

3 2. GEMS shall sample, analyze, and record data at least every fifteen (15) minutes 

4 while the emissions unit is operating. 

5 (e) GPMS or PEMS. An owner or operator using GPMS or PEMS to monitor PAL 

6 pollutant emissions shall meet the following requirements: 

7 1. The GPMS or the PEMS shall be based on current site-specific data 

8 demonstrating a correlation between the monitored parameter and the PAL pollutant 

9 emissions across the range of operation of the emissions unit; and 

10 2. While the unit is operating, each GPMS or PEMS shall sample, analyze, and 

11 record data at least every fifteen (15) minutes, or at another less frequent interval if 

12 approved by the cabinet. 

13 (f) Emission factors. An owner or operator using emission factors to monitor PAL 

14 pollutant emissions shall meet the following requirements: 

15 1. All emission factors shall be adjusted, if appropriate, to account for the degree of 

16 uncertainty or limitations in the factors' development; 

17 . 2. The emissions unit shall operate within the designated range of use for the 

18 emission factor, if applicable; and 

19 3. The owner or operator of a significant emissions unit that relies on an emission 

20 factor to calculate F'AL pollutant emissions shall conduct validation testing to determine 

21 a site-specific emission factor within six (6) months of PAL permit issuance if the cabinet 

22 determines that the testing is required and technically practicable. 

46 
1 (g) A source owner or operator shall record and report maximum potential emissions 

2 without considering enforceable emissions limitations or operational restrictions for an 

3 emissions unit during any period of time there is no monitoring data, unless another 

4 . method for determining emissions during such periods is specified in the PAL permit 

5 (h) If an owner or operator of an emissions unit cannot demonstrate a correlation 

6 between the monitored parameters and the PAL pollutant emissions rate at all operating 

7 points of the emissions unit, as an alternative to the requirements of paragraphs (c) to 

8 (g) of this subsection, in conjunction with permit issuance the cabinet shall: 

9 1. Establish default values for determining compliance with the PAL based on the 

10 highest potential emissions reasonably estimated at operating points; or 

11 2. Determine that operation of the emissions unit during operating conditions if there 

12 is not a correlation between monitored parameters and the PAL pollutant emissions ·is a 

13 violation of the PAL. 

14 (i) Revalidation. All data used to establish the PAL pollutant shall be revalidated 

15 through performance testing or other scientifically valid means if approved by the 

16 cabinet. Validation testing shall occur at least once every five (5) years after issuance of 

1.7 the PAL. 

18 (12) Recordkeeping requirements. 

1·9 (a) The PAL permit shall require an owner or operator to retain a copy of all records 

20 necessary to determine compliance with any requirement of this section and of the PAL, 

21 including a determination of each emissions unit's twelve (12) month rolling total 

22 emissions for five (5) years from the date of the determination. 

47 
1 (b) The PAL permit shall require an owner or operator to retain a copy of the 

2 fallowing records far the duration of the PAL effective period plus five (5) years: 

3 1. A copy of the PAL permit application and any applications for revisions to the 

4 PAL; and . 

5 2. Each annual certification of co,;,pliance pursuant to Title V and the data used to 

6 certify compliance. 

7 (13) Reporting and notification requirements. The owner or operator shall submit 

8 semiannual monitoring reports and prompt deviation reports to the cabinet in 

9 accordance with 401 KAR 52:020, 52:030, and 52:040 that meet the following 

10 reqwirements: 

11 (a) Semiannual report. The semiannual report shall be submitted to the cabinet 

12 within thirty (30) days of the end of each reporting period and shall contain: 

13 1. The identification of owner and operator and the permit number; 

14 2. Total annual emissions, in tpy, based an a twelve (12) month rolling total far each 

15 month in the reporting period recorded pursuant to subsection (12)(a) of this section; 

16 3. All data used in calculating the monthly and annual PAL pollutant emissions, 

17 including any quality assurance or quality control data; 

18 4. A list of any emissions units modified or added to the major stationary source 

19 during the preceding six (6) month period; 

20 5. The number, duration, and cause of any deviations or monitoring malfunctions, 

21 other than the time associated with zero and span calibration checks, and any 

22 corrective action following a deviation; 

48 
1 6. A notification of permanent or temporary shutdown of any monitoring system 

2 including: 

3 a. The reason for the shutdown; 

4 b. The anticipated date that the monitoring system shall be fully operational or shall 

5 be replaced with another monitoring system; 

6 c. If applicable, a statement that the emissions unit monitored by the monitoring 

7 system continued to operate without the monitoring system; and 

8 d. The calculation of the emissions of the pollutant or the number determined 

9 according to subsection (11)(g) of this section that is included in the permit; and 

10 7. A signed statement by the responsible official, as defined by 401 KAR 51:001, 

11 Section 1(210), certifying the truth, accuracy, and completeness of the information 

12 provided in the semiannual report. 

13 (b) Deviation report. The major stationary source owner or operator shall submit 

14 reports of any deviation or exceedance of the PAL requirements, including periods 

15 monitoring is unavailable. 

16 1. A report submitted pursuant to 40 C.F.R. 70.6(a)(3)(iii)(B) shall satisfy the . 

17 deviation reporting requirement; 

18 2. The deviation report shall be submitted within the time limits prescribed by 40 

19 C.F.R. 70.6(a)(3)(iii)(B); 

20 3. The deviation report shall contain the following information: 

21 a. The identification of the owner, the operator, and the permit number; 

22 b. The PAL requirement that experienced the deviation or that was exceeded; 

23 c. Emissions resulting from the deviation or the exceedance; and 

49 
1 d. A signed statement by the responsible official, as defined by 401 KAR 51:001, 

2 Section 1(210), certifying the truth, accuracy, and completeness of the information 

3 provided .in the report. 

4 (c) Revalidation results. The owner or operator shall submit to the cabinet the 

5 results of any revalidation test or method within three (3) months after completion of the 

6 test or method. 

7 (14) Transition requirements. 

8 (a) After the U.S. EPA approves the Kentucky SIP revisions for the PAL provisions 

9 published in 67 Fed. Reg. 80186, December 31, 2002, the cabinet shall only issue a 

10 PAL that complies with the requirements of this section. 

11 (b) The cabinet may supersede a PAL that was established before August 10, 2006, 

12 with a different PAL if the new PAL complies with the requirements of this administrative 

13 regulation. 

50 
(}i,~reta~ Energy and Environment Cabinet 

51 
REGULATORY IMPACT ANALYSIS 

AND TIERING STATEMENT 

Administrative Regulation#: 401 KAR 51:017 

Contact person: Laura Lund, Environmental Technologist Ill 

(1) Provide a brief summary of: 

(a) What this administrative regulation does: This administrative regulation 

provides for the prevention of significant deterioration (PSD) of ambient air 

quality, and applies to major stationary sources and major modifications 

constructing in areas that are maintaining the National Ambient Air Quality 

Standards (NAAQS). 

(b) The necessity of this administrative regulation: This administrative 

regulation is necessary to continue to receive full approval of the PSD 

program into the Kentucky State Implementation Plan (SIP) and remain 

the PSD permitting authority. 

(c) How this administrative regulation conforms to the content of the 

authorizing statutes: KRS 224.10-100(5) requires the cabinet to 

promulgate administrative regulations for the prevention, abatement, and 

control of air pollution. This administrative regulation conforms to 42 

U.S.C. 7470, which authorizes the federal PSD program. 

(d) How this administrative regulation currently assists or will assist in 

the effective administration of the statutes: This administrative 

regulation establishes the requirements for issuing permits to stationary 

sourceS in areas where the NAAQS have been attained. 

(2) If this is an amendment to an existing administrative regulation, provide a 

brief summary of: 

(a) How the amendment will change this existing administrative 

regulation: This amendment is in response to a comment received during 

the public comment period. The Cabinet is referencing the most recent 

CFR. 

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

Including the date of the version of the CFR being referenced eliminates 

uncertainty for the regulated community.· 

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

statutes: 42 U.S.C. 7410(a)(1) requires each state to adopt and submit a 

plan providing for the implementation,· maintenance, and enforcement of a 

NAAQS. This amendment maintains consistency with corresponding 

federal requirements and eliminates regulatory uncertainty. 

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

statutes: This amendment eliminates regulatory uncertainty. 

(3) List the type and number of individuals, bUsinesses, organizations, or sta·te 

and local governments affected by this administrative regulation: Any new 

major stationary source or any project at an existii1g major stationary source that 

52 
(4) 

(5) 

(6) 

(7) 

commences construction after September 22, 1982, and locates in an area 

designated attainment or unclassifiable is affected by this administrative 

regulation. 

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 include the penmitting elements relating to PM2.5 emissions. Entities 

subject to this reQulation are to provide PM2.5 emissions data and demonstrate 

that the project emissions do not cause or contribute to a violation of the NAAQS. 

In the past, DAQ has used PM10 as a surrogate for PMz.s due to inadequate test 

methods and the lack of implementation elements. However, the U.S. EPA has 

determined that the appropriate data and technology are now available and the 

use of the PM,, surrogacy policy is no longer allowed. 

(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: Affected facilities' penmit applications will be 

required to provide emissions data for PMz.s and demonstrate that the 

project's emissions do not cause or contribute to a violation of the PM2.s 

NAAQS. 

(b) In complying with this administrative regulation or amendment, how 

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

Affected facilities will incur the co.st necessary to obtain a penmit that 

includes an evaluation of PM2.

5 emissions. · 

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

identified in question (3): When operating in compliance, the affected 

facilities will not be subject to enforcement actions and penalties. 

Furthermore, com~liance with the Clean Air Act requirements preserves 

and improves air quality throughout the Commonwealth. 

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

implement this administrative regulation: 

(a) · Initially: The Cabinet will not incur any additional costs for the 

implementation of this administrative regulation. 

(b) On a continuing basis: There will not be any additional continuing costs 

for the implementation of this administrative regulation. 

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

enforcement of this administrative regulation: The Cabinet's current 

operating budget will be used for the implementation and enforcement of this 

administrative regulation. 

Provide an assessment of whether an ilicrease in fees or funding will be 

necessary to implement this administrative regulation, if new, or by the 

change if it is an amendment. No increase in fees or funding is necessary to 

implement this administrative regulation amendment. 

53 
(8) State whether or not this administrative regulation establishes any fees or 

directly or· indirectly increases any fees. This administrative regulation does 

not establish, nor directly or indirectly increase, any fees. 

(9) TIERING: Is tiering applied? Yes. This administrative regulation only applies 

to new major stationary sources, or an existing major stationary source with a 

project, that commences construction after September 22, 1982, and is located in 

an area designated attainment or unclassifiable. 

54 
FEDERAL MANDATE ANALYSIS COMPARISON 

1. Federal statute or regulation constituting the federal mandate. As a SIP· 

approved state for the PSD program under 40 CFR 51.166, recent changes in the 

federal PSD program make it necessary to revise this regulation to mainta"in federal 

approvability. 42 U.S.C. 7410(a)(1) requires Kentucky to adopt and submit a plan 

providing for the implementation, maintenance, and enforcement of a NAAQS. 

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

224.10-100(5). 

3. Minimum or uniform standards contained in the federal mandate. The Clean 

Air Act requires applicable sources demonstrate that any major construction or major 

modifi~tjon will not cause emissions to cause or contribute to a violation _of the 

NAAQS. 40 C.F.R. 51.166 is the federal rule that provides the framework to 

establish a plan and requirements necessary to receive full approval into the 

Kentucky SIP. 

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

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

mandate? No. This regulation is no more stringent than the federal rule, codified in 

40 C.F.R. 51.166, and no more stringent than the federal mandate established by 42 

U.S.C. 7401-7626. 

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

different responsibilitieS or requirements. Stricter standards and requirements 

are not imposed. 

55 
FISCAL NOTE ON STATE OR LOCAL GOVERNMENT 

Administrative Regulation#: 401 KAR 51:017 

Contact person: Laura Lund, Environmental Technologist Ill 

Phone: (502) 564-3999, ext. 4428 

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

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

administrative regulation? The Division for Air Quality will continue to implement 

and enforce the 'pso program. Also, state and local governments constructing or 

modifying a major stationary source in an area classified as attainment or 

. unclassified will be impacted by this administrative regulation. 

2. raentify -eacll state-or·- federal statute or-federal regulation that requires cir 

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

100(5), (26); 40 CFR 51.166; and 42 U.S.C. 7401-7671q. 

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

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

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

regulation is to be in effect. 

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

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

districts) for the first year? This administrative regulation generates no revenue. 

(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 generates no 

revenue. 

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

Cabinet's existing operating budget is the source of funding for the implementation 

of this program. 

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

will be no additional costs for administering this program in subsequent years. 

Note: If specific dollar estimates cannot be determined, provide a brief narrative 

to explain the fiscal impacts of the administrative regulation. 

Revenues (+/-): There is no known effect on current revenues. 

Expenditures(+/-): There is no known effect on current expenditures. 

Other Explanation: There is no further explanation. 

56 
STATEMENT OF CONSIDERATION RELATING TO 

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

401 KAR 51:017. Prevention of siqnificant deterioration of air quality. 

Energy and Environment Cabinet 

Department for Environmental Protection 

Division for Air Quality 

Amended After Comments 

~. 

(1) A public hearing on the above administrative regulations was held on July 24, 

2012, at 10:00 a.m. in Conference Room 201 B of the Division for Air Quality, 200 

Fair Oaks Lane, Frankfort, Kentucky 40601. 

(2) The following people attended this public hearing or submitted written comments: 

Name and Title 

Tom FitzGerald 

Director 

R. Scott Davis 

Chief, Air Planning Branch 

Chad Harpole 

Director, Public Affairs 

Agency/Organization/Entitv/Other 

Kentucky Resources Council 

U.S. Environmental Protection 

Agency (U.S. EPA) 

Kentucky Chamber of Commerce 

Testimony 

Written 

Written 

Written 

(3) The following people from the promulgating administrative body attended this 

public hearing: 

Name and Title 

Sean Alteri, Assistant Director 

Lora-Gowins, Environmental Control Supervisor 

Jim Eubank, Environmental Technologist II 

Benjamin Malar, Environmental Engineer Assistant I 

"Laura Lund, Environmental Technologist Ill 

"Agency Representative 

1 
Summary of Comments and Responses 

(1) General Comment 

(a) Comment- Support of proposed amendments. 

Chad Harpole, Kentucky Chamber of Commerce 

"The Chamber generally supports the proposed amendments which will 

make- the Kentucky regulations consistent with the federal requirements." 

(b) Response- The Cabinet acknowledges this comment. 

(2} General Comment 

(a) Comment- Litigation could impact SIP submittal approvability. 

R. Scott Davis, U.S. EPA 

"The EPA recommends KDAQ continue with rulemaking but note that future 

Court action may necessitate subsequent rule revisions and SIP submittals 

on your part." 

(b) Response- The Cabinet acknowledges this comment. 

(3) General Comment 

(a} Comm.ent- Litigation could impact SIP submittal approvability. 

R. Scott Davis, U.S. EPA 

"The EPA's authority to implement the PM2.5 Slls and SMC for Prevention of 

Significant Deterioration (PSD} purposes as promulgated on October 20, 

2010, has been challenged by the Sierra Club... The outcome of this 

litigation could impact the EPA's ability to approve these provisions into the 

Commonwealth's SIP." 

(b) Response- The Cabinet acknowledges this comment. 

(4} 401 KAR 51 :001 

Section 1 

(a) Comment- Citations of federal rules should have an effective date. 

R. Scott Davis, U.S. EPA 

"The incorporation by reference (IBR) effective date, July 1, 2010, is 

proposed for deletion. This date was added in the December 13, 2010, 

Tailoring Rule SIP revision submittal to incorporate the version of the CFR 

containing the definition of 'subject to regulation'. Without a specific date, it 

is unclear which version of the federal rule is being incorporated by 

reference. The EPA suggests KDAQ not remove this date to establish which 

version of the 40 CFR is incorporated into the SIP." 

2 
(b) Response - The Cabinet concurs in part. Kentucky Revised Statute 

13A.2261 states . that, "Federal statutes and regulations shall not be 

incorporated by reference." The Cabinet is adopting the relevant provisions 

of the most recent CFR. 

(5) 401 KAR 51:001 

Section 1 (21) 

(a) Comment- The proposed definitions are inconsistent with the federal rule. 

Tom FitzGerald, Kentucky Resources Council 

" ... The proposed state revision eliminates the phrase 'equal to or greater 

than' with respect to the PM2.5 reference, so that only where a source was 

emitting precisely 0.3~glm3 of PM2.

5, would the definition be triggered. In 

order to maintain consistency, either a colon should be placed after 'equal to 

or greater than' and before 'one (1) ~g/m ' or the phrase 'equal to or greater 

than' should be inserted before 0.3 ~glm3 for PM,,." 

(b) Response- The Cabinet concurs. The regulation is amended accordingly. 

(6) 401 KAR 51 :001 

Section 1(207) 

(a) Comment- The proposed definitions are inconsistent with the federal rule. 

Tom FitzGerald, Kentucky Resources Council 

R. Scott Davis, U.S. EPA 

The amendment includes precursors in "all attainment and unclassifiable 

areas." To the extent that the Cabinet intends to use a common definition of 

"regulated NSR pollutant" to cover both the PSD and NSR programs, the 

definition should be revised or a second definition be adopted that 

incorporates and applies the definition in full to those penmits issued 

pursuant to the state ccunterpart of 40 CFR 51.165. It should be revised so 

that it applies in nonattainment areas as well. 

(b) Response- The Cabinet concurs. The regulation is amended accordingly. 

(7) 401 KAR 51 :001 

Section 1 (207)(a)3 and 4 

(a) Comment- The proposed definitions are inconsistent with the federal rule. 

R. Scott Davis, U.S. EPA 

"The definition includes the standard federal language indicating that 

nitrogen oxides (NOx) is presumed to be a PMz.s precursor and volatile 

organic compounds (VOC) is presumed not to be a precursor unless 

demonstrated otherwise. The definition is unclear as to who can approve 

demonstrations of NOx insignificance and VOC significance as a PMz.s 

precursor. Pursuant to the May 16, 2008, NSR PM,.s Rule, a demonstration 

3 
to show that NOx is not a PM2.5 precursor or that VOCs and/or ammonia 

should be precursors would have to be submitted to the EPA for approval 

into the SIP to change the presumption. Please clarify the Department's 

position on which pollutants are precursors for PM,.s in Kentucky. 

Additionally, the phrase 'to the EPA Administrators satisfaction' should be 

added following the word 'demonstrated' to clarify that the EPA approval of 

such demonstration would be required for reversal of precursor 

presumptions." 

(b) Response- The Cabinet concurs. The regulation is amended accordingly. 

(8) 401 KAR 51 :001 

Section 1 (207)(a)4 

(a) Comment- The proposed definitions are inconsistent.with the federal rule. 

R. Scott Davis, U.S. EPA 

"The definition provides that VOCs are presumed not to be a PM,.s 

precursor. However, to be consistent with the federal rule ... the EPA 

recommends adding that ammonia also is presumed not to be a PM2.s 

precursor in nonattainment areas." 

(b) Response- The Cabinet concurs. The regulation is amended accordingly. 

Furthermore, the Cabinet does not consider ammonia to be a precursor for 

PM2.s in attainment or unclassifiable areas. 

(9) 401 KAR 51 :001 

Section 1 (207)(a)5 

(a) Comment- The proposed definitions are inconsistent with the federal rule. 

R. Scott Davis, U.S. EPA 

"The definition does not include the January 1, 2011, applicability date for 

consideration of gaseous PM10 and PM2.5 emissions. Please note that based 

on this draft Kentucky rule, all permit applicants will be required to include 

gaseous emissions as part of PM10 and PM2.s emissions,· including any for 

which applicability determinations may have been made prior to this date. 

Also, regarding condensables, the definitions includes 'particulate matter 

emissions' as well as PM10 and PM2.s emissions. Consistent with EPA's 

proposed rule revisions, we recommend leaving out 'particulate matter 

emissions.'" 

(b) Response- The Cabinet concurs. The regulation is amended accordingly. 

(1 0) 401 KAR 51 :001 

Section 1 (207)(a)5 

(a) Comment- The proposed definitions are inconsistent with the federal rule. 

Chad Harpole, Kentucky Chamber of Commerce 

4 
" ... Section 1 (207)(a)5 does not include' the full text of the associated federal 

provision in 40 CFR 51.166(b)(49) with respect to condensable PM 

emissions. The Chamber believes the provisions should be consistent. If 

the Division disagrees, please explain the basis for the discrepancy in the 

response to comments." 

(b) Response- The Cabinet concurs. The regulation is amended accordingly. 

(11) 401KAR51:001 

Section 1 (218)(a) and (d) 

(a) Comment- The proposed definitions are inconsistent with the federal rule. 

Tom FitzGerald, Kentucky Resources Council 

"The revision to the definition of 'significant' to incorporate the TPY limits for 

nitrogen oxides and sulfur dioxide is ambiguous and needs revision in order 

to clearly incorporate· the corresponding federal provisions... The 

corresponding state regulation defines signfficant to mean, in relevant part, 

'40 tpy of sulfur dioxide or nitrogen oxides for precursors*', thus creating 

some ambiguity as to whether the phrase 'for precursors' modifies both 

sulfur dioxide and nitrogen oxides. A revision is appropriate to clarify that the 

consideration of whether the emissions are precursors is limited to nitrogen 

oxides and does not affect the threshold for PM2.5 when expressed as sulfur 

dioxide." 

(b) Response- The Cabinet concurs. The regulation is amended accordingly. 

(12) 401 KAR51:001 

Section 1 (218)(a) and (d) 

(a) Comment- The proposed definitions are inconsistent with the federal rule. 

R. Scott Davis, U.S. EPA 

" ... The table for the definition of 'significant' ... contains a footnote indicating 

that NOx is evaluated unless demonstrated not to be a precursor... The 

phrase 'to the EPA Administrator's satisfaction' should be added following 

the word 'demonstrated' to clarify that the EPA approval of such 

demonstration would be required for reversal of precursor presumptions." 

(b) Response - The Cabinet does not concur. The footnote references the 

definition that states that the demonstration is done to the EPA 

Administrator's satisfaction or done by EPA. 

(13) 401 KAR 51:017 

Section 9(2) 

(a) Comment -Class Ill area impacts should be included. 

Chad Harpole, Kentucky Chamber of Commerce 

5 
"Proposed 401 KAR 51:017, Section 9(2), does not include the federal 

provision for Class Ill area impacts. The Chamber believes the provisions 

should be consistent. If the Division disagrees, please explain the basis for 

the discrepancy in the response to comments." 

(b) Response- The Cabinet does not concur. There are no Class Ill areas in 

the Commonwealth of Kentucky and therefore no need to include the 

provision. 

(14) 401 KAR 51:017 

Section 14(5)(b) 

(a) Comment- Citations of federal rules should have an effective date. 

R. Scott Davis, U.S. EPA 

"The Class I variances revisions proposed to IBR [incorporate by reference] 

'the pollutants as specified in 40 C.F.R. 51.166(p)(4).' However, this IBR 

does not include an effective date. Without a specific date, it is unclear 

which version of the federal rule is being incorporated by reference. The 

EPA suggests KDAQ specify the IBR date to ensure that the correct version 

of 40 CFR is intended for adoption into the SIP." 

(b) Response- The Cabinet concurs. The regulation is amended accordingly. 

6 
Summary of Statement of Consideration 

General SummafY 

On July 24, 2012, the Cabinet conducted a public hearing to receive comments on the 

proposed administrative regulations listed below. This Statement of Consideration 

(SOC), filed with the Legislative Research Commission in accordance with the 

requirements of KRS Chapter 13A, relates to these administrative regulations: 

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

401 KAR 51·n17 Pn=•vention of significant deterioration of air qualitv. . . . ,_ - .. -........... 

The proposed administrative regulation was published in the July 1, 2012, issue of the 

Administrative Register of Kentucky. 

This SOC presents a summary of all comments submitted and the Cabinet's responses. 

Prominent advertisement of the public hearing was published at least thirty days prior to 

the hearing in accordance with KRS Chapter 13A. The Public Hearing Notice and 

copies of the proposed administrative regulations were distributed to individuals on the 

Cabinet's mailing list. Copies of 'the proposed administrative regulations lijere 

distributed to all division personnel, to members of the Environmental Quality 

Commission, and to other interested persons. Copies were also kept on file for public 

inspection in the Division's Regional Offices, select County Clerk Offices, and the 

Louisville Metro Air Pollution Control District for at least thirty (30) days prior to the 

hearing. 

Summary of Comments 

The Cabinet received three (3) written statements regarding the proposed 

administrative regulations prior to adjournment of the public comment period. No oral 

statements were received. · 

The written statements contained a total of fourteen (14) comments, which included the 

following subjects: 

• Class Ill area impacts should be included 

• Support of proposed amendments 

• Litigation could impact SIP submittal approvability 

• Citations of federal rules should have an effective date 

• The proposed definitions are inconsistent with the federal rule 

7 

1 comment 

1 comment 

2 comments 

2 comments 

8 comments 
Action Taken by Promulgating Administrative Body 

The Cabinet proposes the following amendments: 

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

Page 1 

Section 1 

Line 17 

After "through 96", insert", as published on July 1, 2012". 

Page7 

Section 1 (21) 

Line 15 

After "PM10 or'', insert the following: 

equal to or greater than 

Page 10 

Section 1 (30) 

Line 4 

After "(30) '"', insert a degree symbol. 

Page 41 

Section 1 (207) 

LineS 

After "means", delete "the following". 

Page 41 

Section 1 (207)(a) 

Line 7 

After "(a)", insert the following: 

For 401 KAR 51:017: 1. 

Page 41 

Section 1(207)(a) 

Line 8 

After "precursors", insert "to such pollutant" 

Page 41 

Section 1 (207)(a) 

Line 9 

Insert".§.:.", delete "1.". 

Line 11 

Insert "b:', delete "2.". 

Line 12 

Insert "c.", delete "3.". 

8 
Line 13 

After "areas unless", insert the following: 

the Cabinet demonstrates to the EPA Administrator's satisfaction or EPA 

demonstratesDelete "it is demonstrated". 

Line 16 

Insert "d.", delete "4 .. ". 

After "PM in" insert "an" 2.5 ' -. 

Delete "any". 

Line 17 

After "unless", insert the following: 

the Cabinet demonstrates to the EPA Administrator's satisfaction or EPA 

demonstrates 

Delete "it is demonstrated". 

Line 20 

Insert"~", delete "5. Particulate matter emissions,". 

After "PM2.s emissions", delete the comma. 

After "PM10 emissions", delete "shall". 

Line 22 

After "temperatures;", insert the following: 

(i) On or after January 1, 2011, condensable particulate matter is 

included in applicability determinations and in establishing emissions 

limitations for PM.., and PMlQ in permits issued pursuant to 401 KAR 

51:017' 

(ii) Compliance with emissions limitations for PM2.2 and PM1o issued 

prior to January 1, 2011, is not based on condensable particulate matter 

unless required by the terms and conditions of a permit: and 

(iii) Applicability determinations made prior to January 1, 2011, 

without accounting for condensable particulate matter are not considered 

in violation of this section: 2. 

Delete "(b)". 

Line 23 

After "subject to", insert "g". 

Delete "any". 

Page 42 

Section 1 (207) 

Line 1 

Insert"~", delete "(c)". 

Line 3 

Insert"~", delete "(d)". 

Line 8 

After"7408", insert the following: 

(b) For 401 KAR 51:052: 

1. Nitrogen oxides or volatile organic compounds; or 

9 
·Page 45 

2. A pollutant for which a national ambient air quality standard has 

been promulgated and the following constituents or precursors to such 

pollutant: 

a. Volatile organic compounds and nitrogen oxides are precursors 

to ozone in all ozone nonattainment areas; 

b. Sulfur dioxide is a precursor to PMz&...in all PMz.&.... nonattainment 

areas; 

c. Nitrogen oxides are presumed to be precursors to PM2& in all 

PMz.S noriattainment areas unless the Cabinet demonstrates to the EPA 

Administrator's satisfaction or EPA demonstrates that emissions of 

nitrogen oxides from sources in a specific area are not a significant 

contributor to that area's ambient PMz.& concentrations; 

d. Volatile organic compounds and ammonia are presumed not to 

be precursors to PM.2....2 in a PM2.5 nonattainment area unless the Cabinet 

demonstrates to the EPA Administrator's satisfaction or EPA 

demonstrates that emissions of volatile organic compounds or ammonia 

from sources in a specific area are a significant contributor to that area's 

ambient PMZ& concentrations: ·and 

e. PM2.s emissions and PM10 emissions include gaseous emissions 

from a source or activity that condense to form particulate matter at 

ambient temperatures; 

(i) On or after January 1, 2011, condensable particulate matter is 

included in applicability determinations and in establishing emissions 

limitations for PM2.5 and PM1.Q in permits issued pursuant to 401 KAR 

51:052: 

(ii) Compliance with emissions limitations for·PM2.& and PM1o issued 

prior to January 1, 2011, is not based on condensable particulate matter 

unless required by the terms and conditions of a permit; and 

(iii) Applicability determinations made prior to January 1, 2011, 

without accounting for condensable_ particulate matter are not considered 

in violation of this section 

Section 1 (218)(a) 

Table, PM2.s section 

After "or nitrogen oxides", delete ''for precursors". 

Page 47 

Section 1 (218)(a) 

Line 2 

After "(207)(a)", insert "1.c.". 

Delete "(3)". 

Page 48 

Section 1(218)(d) 

Table, PM,.ssection 

10 
After "or nitrogen oxides", delete "for precursors". 

Line 2 

After "(207)", insert "(b)2.c.". 

Delete "(a)(3)". 

Page48 

Section 1(218)(e)2 

Linea 

After "2.ll, insert "An". 

Delete "Any". 

11 
401 KAR 51:017. Prevention of significant deterioration of air quality. 

Page 24 

Section 14(5)(b) 

Line 18 

After "51.166(p)(4)", insert ", as published on July 1, 2012,". 

12 
Steven L. Beshear 

Governor Energy and Environment Cabinet 

Department for Environmental Protection 

Division for Air Quality 

200 Fair' Oaks Lane, 1st Floor 

Frankfort, Kentucky 40601-1403 

air.ky.gov 

October 3, 2012 

Senator Joe Bowen, Co-Chair 

Representative Johnny Bell, Co-Chair 

c/o Dmma Little 

Administrative Regulation Review Subcommittee 

Legislative Research Conunission 

029, Capitol Annex 

Frankfort KY 40601 

Re: 401 KAR 51:001. Defmitions for 401 KAR Chapter 51. (Amendment) 

401 KAR 51;017. Prevention of significant deterioration of air quality. (Amendment) 

Leonard K. Peters 

·secretary 

401 KAR 51 :052. Review of new sources in or impacting upon nonattainment areas. (Amendment) 

Dear Co-Chairs Bowen and Bell: 

After discussions with Administrative Regulation Review Subcommittee staff, the Kentucky 

Division for Air Quality proposes the attached amendments to 401 KAR 51:001. 

KentuckyUnbridledSpirit.com 

Sincerely, 

Laura Lund, Environmental Technologist III 

Kentucky Division for Air Quality 

200 Fair Oaks Lane, Frankfort, KY 

An Equal Opportunity Employer WFID 
Suggested Amendment 

ENERGY AND ENVIRONMENT CABINET 

Department for Environmental Protection 

Division for Air Quality 

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

Page 41 

Section 1 (207)(a) 1. 

Line 10 

After "or precursors to", insert "that". 

Delete "such". 

Page 43 

Section 2(207)(b)2. 

Line 4 

After "or precursors to", insert "that". 

Delete "such". 

1 
~l~Dfl'vYJTH Lf-iC 

TIME. --l\.ll'l 

SEP 1 2 2012 

~L-~ 

REGULATIONS COMPILER 

STATEMENT OF CONSIDERATION RELATING TO 

401 KAR 51:052. Review of new sources in or impacting upon nonattainment areas. 

Energy and Environment Cabinet 

Department for Environmental Protection 

Division for Air Quality 

Not~Amended-After eomments ~ 

(1) A public hearing on the above administrative regulation was held on July 24, 

2012, at 10:00 a.m. in Conference Room 201 B of the Division for Air Quality, 200 

Fair Oaks Lane, Frankfort, Kentucky 40601. 

(2) The following people attended this public hearing or submitted written comments: 

Name and Title 

Tom FitzGerald 

Director 

R. Scott Davis 

Chief, Air Planning Branch 

Chad Harpole 

Director, Public Affairs 

Agency/Organization/Entity/Other 

Kentucky Resources Council 

U.S. Environmental Protection 

Agency (U.S. EPA) 

Kentucky Chamber of Commerce 

Testimony 

Written 

Written 

Written 

(3) The following people from the promulgating administrative body attended this 

public hearing: 

Name and Title 

Sean Alteri, Assistant Director 

Lora Gowins, Environmental Control Supervisor 

Jim Eubank, Environmental Technologist II. 

Benjamin Matar, Environmental Engineer Assistant I 

*Laura Lund, Environmental Technologist Ill 

*Agency Representative 

1 
Summary of Comments and Responses 

(1) General Comment 

(a) Comment- Support of proposed amendments. 

Chad Harpole, Kentucky Chamber of Commerce 

"The Chamber generally supports the proposed amendments which will 

make the Kentucky regulations consistent with the federal requirements." 

(b) Response- The Cabinel acknowledges this comment. 

(2) General Comment 

(a) Comment- Litigation could impact SIP submittal approvability. 

R. Scott Davis, u.s. EPA-

"The EPA recommends KDAQ continue with rulemaking but note that future 

Court action may necessitate subsequent rule revisions and SIP submittals 

on your part." 

(b) Response- The Cabinet acknowledges this comment. 

(3) General Comment 

(a) Comment- Litigation could impact SIP submittal approvability. 

R. Scott Davis, U.S. EPA 

"The EPA's authority to implement the PM,,, Slls and SMC for Prevention of 

Significant Deterioration (PSD) purposes as promulgated on October 20, 

2010, has been challenged by the' Sierra Club... The outcome of this 

litigation could impact the EPA's ability to approve these provisions into the 

Commonwealth's SIP." 

(b) Response- The Cabinet acknowledges this comment. 

2 
Summary of Statement of Consideration and Action Taken 

General Summary 

On July 24, 2012, the Cabinet conducted a public hearing to receive comments on the 

proposed administrative regulations listed below. This Statement of Consideration 

(SOC), filed with the Legislative Research Commission in accordance with the 

requirements of KRS Chapter 13A, relates to: 

401 KAR 51:052. Review of new sources in or impacting upon nonattainment areas. 

A separate Statement of Consideration has been filed with the LRC relating to: 

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

401 KAR 51 :017. Prevention of significant deterioration of air quality. 

The proposed administrative regulation was published in the July 1, 2012, issue of the 

Administrative Register of Kentucky. 

This SOC presents a summary of all comments submitted regarding this administrative 

regulation and the Cabinet's responses. 

Prominent advertisement of the public hearing was published at least thirty days prior to 

the hearing in accordance with KRS Chapter 13A. The Public Hearing Notice and 

copies of the proposed administrative regulations were distributed to individuals on the 

Cabinet's mailing list. Copies of the proposed administrative regulations were 

distributed to al! division personnel, to members of the Environmental Quality 

Commission, and to other interested persons. Copies were also kept on file for public 

inspection in the Division's Regional Offices, select County Clerk Offices, and the 

Louisville Metro Air Pollution Control District for at least thirty (30) days prior to the 

hearing. 

Summary of Comments and Action Taken 

The Cabinet received three (3) general comments that related to the entire 

administrative regulation package (401 KAR 51:001, 51:017, and 51:052). The Cabinet 

acknowledges the receipt of these three comments, but changes to this administrative 

regulation were not warranted. 

3 
SENATE MEMBERS 

David L. Williams 

President, LRC Co-Chair 

Katie Kratz Stine 

President ProTem 

Robert Stivers 

Majority Floor Leader 

R. J. Palmer II 

Minority Floor Leader 

Dan Seum 

Majority Caucus Chair 

Johnny Ray Turner 

Minority Caucus Chair 

Carroll Gibson 

Majorily Whip 

Jerry P. Rhoads 

Minority Whip 

TO: 

FROM: 

RE: 

DATE: 

LEGISLATIVE RESEARCH COMMISSION 

State Capitol 700 Capitol Avenue Frankfort KY 40601 

502-564-8100 

Capitol FAX 502-223-5094 

Annex FAX 502-564-6543 

lrc.ky.gov 

Robert Sherman 

Director 

MEMORANDUM 

Laura Lund, Environmental Technologist III 

Kentucky Division for Air Quality 

Donna Little 

Regulations Compiler 

Administrative Regulations Amended After Comments- 401 KAR 51:001 and 

401 KAR51:017 

September 12,2012 

HOUSE MEMBERS 

Gregory D. Stumbo 

Speaker, LRC Co-Chair 

LlnTy Clark 

Speaker Pro Tam 

Rocky Adkins 

Majority Floor leader 

Jeff Hoover 

Minority Floor Leader 

Robert R. Damron 

Majority Caucus Chair 

Bob DeWeese 

Minority Caucus Chair 

Tommy Thompson 

Majority Wh!p 

Danny R. Ford 

Minority Whip 

Copies of the administrative regulations listed above, Amended After Comments, are enclosed for your files. 

These administrative regulations will be reviewed by the Administrative Regulation Review Subcommittee at 

its October 2012, meeting. Please notifY the proper person(s) of this meeting. 

If you have any questions, please contact this office at (502) 564~8100. 

Enclosures 
SENATE MEMBERS 

David L. Williams 

President, LRC Co-Chair 

Katie Kratz Stine 

President Pro Tern 

Robert Stivers 

Majority Floor Leader 

R. J. Palmer 11 

Minority Floor Leader 

Dan Seum 

Majority Caucus Chair 

Johnny Ray Turner 

Minority Caucus Chair 

Carroll Gibson 

Majority Whip 

Jerry P. Rhoads 

Minority Whip 

TO: 

FROM: 

RE: 

DATE: 

LEGISLATIVE RESEARCH COMMISSION 

State Capitol 700 Capitol Avenue Frankfort KY 40601 

502-564-8100 

Capitol FAX 502-223-5094 

Annex FAX 502-564-6543 

lrc.ky.gov 

Robert Sherman 

Director 

MEMORANDUM 

Lama Lund, Environmental Technologist III 

Kentucky Division for Air Q~1ality 

Donna Little 

Regulations Compiler 

Administrative Regulation Not Amended After Comments- 401 KAR 51:052 

September 12,2012 

HOUSE MEMBERS 

Gregory D. Stumbo 

Speaker, LRC Co-Chair 

Larry Clark 

Speaker ProTem 

Rocky Adkins 

Majority Floor Leader 

Jeff Hoover 

Minority Floor Leader 

Robert R. Damron 

Majority Caucus Chair 

Bob DeWeese 

Minority CaucuS Chair 

Tommy Thompson 

Majority Whip 

Danny R. Ford 

Minority Whip 

A copy of the Statement of Consideration for the administrative regulation listed above is enclosed for your 

file. 

This administrative regulation, not amended after hearing, will be reviewed by the Administrative Regulation 

Review Subcommittee at its October 2012 meeting. Please notifY the pl'Oper person(s) of this meeting. 

If you have any questions, please contact this office at (502) 564-8100. 

Enclosure 
VOLUME 39, NUMBER 5- NOVEMBER 1, 2012 

with an expiration date of December 31, 2015!2G42-]. Credit shall 

be given in full continuing education unit increments only. [AJI.--.pefsoRs hoiSin\] oertiJisation iR any oateseFY sRall be\]iR a new tRree 

(3) year tFainins ~arieS BeE!innins January 1 after tRe e#eclive Sate 

of !Ric aSmiRistrative resulation.] 

Section 8. Credentials. (1) If a person meets all the requirements to obtain a license to do business under KRS 2178.500 to 

2178.585 and this administrative regulation, the department shall 

issue a document signifying that he is licensed to do business in 

the category for which he qualifies. 

(a) Inactive status. If an applicator or operator for any reason 

changes status and is no longer employed but elects to maintain 

his license, he may do so by advising the department of the 

change and the reason for the change. The department shall then 

issue to that person a notification that his license will be held in 

inactive status. The license holder shall[lle Fetfllked to] maintain 

certification and pay the annual renewal fee required by KRS 

2178.535. The licensee shall not {be pemJJttelille} perform any 

type of regulated activity until the license is reactivated. 

(b) Employee commercial license and certification. An employee of the Kentucky Department of Agriculture employed after 

the effective date of this administrative regulation shall not obtain 

or maintain any active commercial pesticide license or active certification during the term of his employment with the department 

unless required by the department in the performance of his official 

duties. Any commercial pesticide license obtained by an employee 

prior to the effective date of this administrative regulation shall be 

placed in inactive status for the duration of his employment with the 

department unless required by the department in the performance 

of his official duties. 

(2) If a person qualifies for certification incident to qualification 

for a license to do business, the department shall issue him one (1) 

document which shall be the license to do business and shall contain the certification category number. 

(3) The department may, after payment of all applicable fees, 

waive the certification requirement and issue a certification to any 

person who holds a valid certification in another state if, in the 

opinion of the department, the other state's requirements are substantially similar to that of Kentucky and the other state agrees to 

reciprocate with Kentucky. 

(4) A certification may be granted, denied, suspended, or revoked independent of the grant, denial, suspension, or revocation 

of any license to do business. In a like manner, any license to do 

business may be suspended or revoked independent of the grant, 

denial, suspension, or revocation of any certification. 

Section 9. Incorporation by Reference. (1) "Structural Pest 

Control License Form", October 2Q12. is incorporated by reference. 

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of 

Agriculture, Division of Pesticide Regulation, Frankfort, Kentucky 

40601, Monday through Friday, 8 a.m. to 4:30p.m. 

JAMES R. COMER, Commissioner 

APPROVED BY AGENCY: August 14, 2012 

FILED WITH LRC: August 15, 2012 at noon 

CONTACT PERSON: Clint Quarles, Staff Attorney, Kentucky 

Department of Agriculture, 500 Mora Street, 7th Floor, Frankfort 

Kentucky 40601, phone (502) 564-1155, fax (502) 564-2133. 

ENERGY AND ENVIRONMENT CABINET 

Department for Environmental Protection 

Division for Air Quality 

(As Amended at ARRS, October 9, 2012) 

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

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

224.20-110,224.20-120,40 C.F.R. Chapter I, 50 Appendices A-R, 

51.100, 51.121, 51.165, 51.166,51 Appendix S, 52.920, 53, 60,60 

Appendices A, B, 61, 61 Appendix B, 63 Appendices A-D, 70.2, 75, 

82, 96,42 U.S.C. 7401-7671q 

STATUTORY AUTHORITY: KRS 224.10-100(5) 

NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-

100(5) requires the cabinet to promulgate administrative regulations for the prevention, abatement, and control of air pollution. 

This administrative regulation defines the terms used in 401 KAR 

Chapter 51. The definitions contained in this administrative regulation are DQ!(~] more stringent[Ror otheFWise Siff"orOFH] than the 

corresponding federal definitions. 

Section 1. Definitions. The definitions with citations to the Code 

of Federal Regulations shall be governed by 40 C.F .R. Parts 50 

through 96. as published on July 1. 2012[, el'fecti'JG J~o~ly 1, 2Q1Q]. 

(1) "Acid rain emissions limitation" means a limitation on emissions of S02 or NOx imposed by the Acid Rain Program under 42 

U.S.C. 7651 to 7651o. 

(2) "Actual emissions": 

(a) Means the actual rate of emissions of a regulated NSR 

pollutant from an emissions unit as determined according to tfle 

following: 

1. Actual emissions as of a particular date equals the average 

rate, in tons per year, at which the unit actually emitted the pollutant during a consecutive twenty-four (24) month period, that precedes that dale and is representative of normal source operation, 

unless a different lime period is more representative of normal 

source operation; and 

2. The unit's actual operating hours, production rates, and 

types of materials processed, stored, or combusted during the 

selected time periods are used to calculate actual emissions; 

(b) Means source-specific allowable emissions for 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; 

(c) Means, for an emissions unit that has not begun normal 

operations on a particular date, the potential to emit of the unit on 

that date; and 

(d) Does not mean: 

1. Calculating if a significant emissions increase has occurred; 

2. Establishing a PAL under401 KAR 51:017, Section 20. 

(3) "Actuels PAL" or "PAL" means a plant-wide applicability 

limit established for a major stationary source based on the baseline actual emissions of all emissions units at the source that emit 

or have the potential to emit the PAL pollutant. 

(4) "Adverse impact on visibility" is defined by 40 C.F.R. 

51.301. 

(5) "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. 

(6) "Air contaminanf' is defined by KRS 224.01-010(1 ). 

(7) "Air pollutant" means air contaminant. 

(8) "Air pollution" is defined by KRS 224.01-010(3). 

(9) "Air pollution control equipment" means a mechanism, device, or contrivance used to control or prevent air pollution, that is 

not, aside from air pollution control laws and administrative regulations, vital to production of the normal product of the source or to 

its normal operation. 

(10) "Allocate" or "allocation" means the number of NOx allowances to be credited to a NOx budget unit. 

(11) 'Allocation period' means each three (3) year period beginning May 1, 2004. 

(12) "Allowable emissions" means: 

(a) The emissions rate of a stationary source calculated using 

the maximum rated capacity of the source, unless the source is 

subject to federally enforceable limits that restrict the operating 

rate, hours of operation, or both, and the most stringent of the following: 

1. The applicable standards codified in 40 C.F.R. Parts 60 and 

61; 

2. The applicable SIP emissions limitations, induding those 

with a future compliance date; or 

3. The emissions rates specified as a federally enforceable 

permit condition, including those with a future compliance date; or 

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VOLUME 39, NUMBER 5- NOVEMBER 1, 2012 

(b) For an actuels PAL, the emissions rate of a stationary 

source calculated considering any emission limitations that are 

enforceable as a practical matter on the emissions unit's potential 

to emit, and the most stringent provision of paragraph (a)1. through 

3. of this subsection. 

(13) "Alteration" means: 

(a) The installation or replacement of air pollution control 

equipment at a source; or 

(b) A physical change in or change in the method of operation 

of an affected facility that increases the potential to emit a pollutant, to which a standard applies, emitted by the facility or that 

results in the emission of an air pollutant, to which a standard applies, not previously emitted. 

(14) "Alternative method" is defined by 40 C.F.R. 60.2. For 

purposes of this definition, "administrator'' means both the U.S. 

EPA and the cabinet. 

(15) "Ambient air'' means that portion of the atmosphere, external to buildings, to which the general public has access. 

(16) 'Ambient air quality standard' means a numerical expression of a specified concentration level for a particular air contaminant and the time averaging interval over which that concentration 

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

through the application of appropriate preventive or control measures. 

(17) "ANSI" means American National Standards Institute. 

(18) 'AOAC" means Association of Official Analytical Chemists. 

(19} "ASTM" means American Society for Testing and Materials. 

(20) "Baseline actual emissions" means the rats of emissions, 

in tons per year, of a regulated NSR pollutant, that: 

{a) For an existing electric utility steam generating unit (EUSGU), the unit actually emitted during any consecutive twenty-four 

(24) month period selected by the owner or operator within the five 

(5) year period immediately preceding the date the owner or operator begins actual construction of the project, unless a different 

twenty-four (24} month time period is more representative of normal source operation. 

1. The rate is an average that 

a. Includes fugitive emissions, to the extent quantifiable, and 

emissions associated with startups, shutdowns, and malfunctions; 

b. Is adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 

twenty-four (24) month period; and 

c. Is based on any consecutive twenty-four (24} month period 

for which there is adequate information for determining annual 

emissions, in tons per year, and for adjusting this amount as necessary according to clause b. of this subparagraph; and 

2. If a project involves multiple emissions units, only one (1) 

consecutive twenty-four (24) month period is used to determine the 

baseline actual emissions for the emissions units being changed 

with a different consecutive twenty-four (24} month period allowed 

for each regulated NSR pollutant; 

(b) For an existing emissions unit that is not an EUSGU, the 

unit actually emitted during any consecutive twenty-four (24) month 

period selected by the owner or operator within the ten (10) year 

period beginning on or after November 15, 1990, and immediately 

preceding the ear1ier of the date the owner or operator begins actual construction of the project or the date a complete permit application is received by the cabinet for a permit required under 401 

KAR 51:017 or 51:052. 

1. The rate is an average that: 

a. Includes fugitive emissions, to the extent quantifiable, and 

emissions associated with startups, shutdowns, and malfunctions; 

b. Is adjusted downward: 

(i) To exclude any noncompliant emissions that occurred while 

the source was operating above an emission limitation that was 

legally enforceable during the consecutive twenty-four (24) month 

period; 

(ii} To exclude any emissions that would have exceeded an 

emission limitation with which the major stationary source is required currently to comply, if the source had been required to 

comply with the limitations during the consecutive twenty-four (24) 

month period; and 

(iii) For an emission limitation that is part of a maximum 

achievable control technology standard proposed or promulgated 

under 40 C.F.R. Par1 63, only if the Commonwealth of Kentucky 

has taken credit for the emissions reductions in an attainment 

demonstration or maintenance plan consistent with 40 C.F .R. 

51.165(a){3)(ii)(G); and 

c. Is based on any consecutive twenty-four (24) month period 

for which there is adequate information for determining annual 

emissions, in tons per year, and for adjusting this amount as necessary according to clause b. of this subparagraph. 

2. If a project involves multiple emissions units, only one (1) 

consecutive twenty-four (24) month period is used for each regulated NSR pollutant to determine the baseline actual emissions for 

the emissions units being changed with a different consecutive 

twenty-four (24) month period; 

(c) For a new emissions unit, equals zero for determining the 

emissions increase that will result from the initial construction and 

operation of the new unit and thereafter, for all other purposes, 

equals the unit's potential to emit; or 

(d) For a PAL for a stationary source, is determined as follows: 

1. For an existing EUSGU, in accordance with the procedures 

contained in paragraph (a) of this subsection; 

2. For other existing emissions units, in accordance with the 

procedures contained in paragraph (b) of this subsection; and 

3. For a new emissions unit, in accordance with the procedures 

contained in paragraph (c) of this subsection. 

(21) "Baseline area" means an intrastate area and every part 

of that area designated as attainment or unclassifiable pursuant to 

42 U.S.C. 7407(d)(1)(A)(ii) or (iii) in which the major source or 

major modification establishing the minor source baseline date 

would construct or would have an air quality impact equal to or 

greater than one (1) !-1Q/m3 annual average of the pollutant for 

which the minor source baseline date is established for SO,. NO,, 

or PM1n or equal to or greater than 0.3 ug/m0 annual average for 

PMu. 

(a) Area redesignations under 42 U.S.C. 7407(d)(1)(A)(ii) or 

(iii) do not intersect and are not smaller than the area of impact of a 

major stationary source or major modification that: 

1. Establishes a minor source baseline date; or 

2. Is subject to 401 KAR 51:017 and would be constructed in 

the Commonwealth of Kentucky. 

(b) A baseline area established originally for total suspended 

particulate (TSP) increments remains in effect to determine the 

amount of available PM1o increments, unless the cabinet rescinds 

the corresponding minor source baseline date. 

(22) "Baseline concentration" means the ambient concentration 

level that exists in the baseline area on the date the applicable 

minor source baseline date is established. 

(23) "Baseline date" means major 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 designated as attainment or unclassifiable pursuant to 42 U.S.C. 7407(d)(1)(A)(ii) or (iii) for the pollutant on the 

date of the source's complete application; and 

{a) For a major stationary source, the pollutant would be emitted in significant amounts; or 

(b) For a major modification, there would be a significant net 

emissions increase of the pollutant. 

(24) "Begin actual construction" means: 

(a) Initiation of physical on-site construction activities on an 

emissions unit that are of a permanent nature and include installation of building supports and foundations, laying underground pipe 

work:, and construction of permanent storage structures; and 

(b) For a change in method of operations, those on-site activities, other than the preparatory activities, that mark the initiation of 

the change. 

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

emi!l,sions limitation, including a visible emission standard, based 

on the maximum degree of reduction for each regulated NSR poilu-

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VOLUME 39, NUMBER 5- NOVEMBER 1, 2012 

tant that will be emitted from a proposed major stationary source or 

major modification and: 

(a} Is determined by the cabinet pursuant to 401 KAR 51:017, 

Section 8, after taking into account energy, environmental, and 

economic impacts and other costs, to be achievable by the source 

or modification through application of production processes or 

available methods, systems, and techniques, including fuel deaning or treatment or innovative fuel combustion techniques for control of that pollutant; 

(b) Does not result in emissions of a pollutant that would exceed the emissions allowed by an applicable standard codified in 

40 C.F.R. Parts 60 and 61; and 

(c) Is satisfied by a design, equipment, work practice, or operational standard or combination of standards approved by the cabinet, if: 

1. The cabinet determines pursuant to 40 C.F.R. 51.166(b)(12) 

that technological or economic limitations on the application of 

measurement methodology to a particular emissions unit would 

make the imposition of an emissions standard infeasible; 

2. The standard establishes the emissions reduction achievable by implementation of the design, equipment, work practice, or 

operation: and 

3. The standard provides for compliance by means that 

achieve equivalent results. 

(26) "BOD" means biochemical oxidant demand. 

(27) "Boiler'' means an enclosed fossil or other fuel-fired combustion device used to produce heat and to transfer heat to recirculating water, steam, or other medium. 

(28) "BTU" means British thermal unit. 

(29) "Building, structure, facility, or installation" means all of the 

pollutant emitting activities that: 

(a) Belong to the same industrial grouping or have the same 

two {2) digit major group code as described in the Standard Industrial Classification Manual; 

(b) Are located on one (1) or more contiguous or adjacent 

properties: 

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

common control; and 

(d) Do not include the activities of a vessel. 

{30) ·~c· means degree Celsius (centigrade). 

(31) "Cabinet" is defined by KRS 224.01-010(9). 

(32) "Cal" means calorie. 

(33) "Capital expenditure" is defined by 40 C.F.R. 60.2. 

(34) "cfm" means cubic feet per minute. 

(35) "CH4" means methane. 

(36) "Clean coal technology" is defined by 40 C.F.R. 

51.166{b}(33). 

(37) "Clean coal technology demonstration project" is defined 

by 40 C.F.R. 51.166(b){34). 

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

which finished cement is manufactured by milling and grinding. 

(39} "CO" means carbon monoxide. 

(40) "C02· means carbon dioxide. 

(41) "COD" means chemical oxidant demand. 

{42)"Combined cycle system" means a system comprised of 

one {1) or more combustion turbines, heat recovery steam generators, or steam turbines configured to improve overall efficiency of 

electricity generation or steam production. 

{43) "Combustion turbine" means an enclosed fossil or other 

fuel-ftred device that is comprised of a compressor, a combustor, 

and a turbine, and in which the flue gas resulting from the combustion of fuel in the combustor passes through the turbine, rotating 

the turbine. 

(44) "Commence" means that an owner or operator: 

{a) Has undertaken a continuous program of construction, 

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

owner or operator has entered into a contractual obligation to undertake and complete, within a reasonable time, a continuous program of construction, modification, or reconstruction of an affected 

facility; or 

(b) For construction of a major stationary source or major modification in the PSD or NSR program, has all necessary preconstruction approvals or permits, and: 

1. Has begun, or caused to begin, a continuous program of 

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

reasonable time; or 

2. Has entered into binding agreements or contractual obligations, that cannot be cancelled or modified without substantial loss 

to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable lime. 

(45) "Commence commercial operation" means to have begun 

to produce steam, gas, or other heated medium used to generate 

electricity for sale or use. Except as provided in 401 KAR 51:195 or 

40 C.F.R. 96.5: 

(a) For a unit that is a NOx budget unit under 40 C.F.R. 96.4, 

on the date the unit commences commercial operation, the date 

remains the unit's date of commencement of commercial operation 

even if the unit is subsequently modified, reconstructed, or repowered; or 

(b) For a unit that is not a NOx budget unit under 40 C.F.R. 

96.4, on the date the unit commences commercial operation, the 

date the unit becomes a NOx budget unit under 40 C.F.R. 96.4 is 

the unit's date of commencement of commercial operation. 

(46) "Commence operation• means, for a NOx budget unit, to 

have begun a mechanical, chemical, or electronic process, including start-up of a unit's combustion chamber. Except as provided in 

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

{a) For a unit that is a NOx budget unit under 40 C.F.R. 96.4 

on the date of commencement of operation, the date remains the 

unit's date of commencement of operation even if the unit is subsequently modified, reconstructed, or repowered; or 

(b) For a unit that is not a NOx budget unit under 40 C.F.R. 

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

becomes a NOx budget unit under 40 C.F.R. 96.4 is the unit's date 

of commencement of operation. 

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

(48) "Compliance schedule" means a time schedule of remedial measures including an enforceable sequence of actions or operations leading to compliance with a limitation or standard. 

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

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

{a} Allocated to NOx budget units that achieve early reduction; 

(b) Used to assist NOx budget sources that are unable to meet 

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

5. 

(50) "Construction" means: 

{a) Fabrication, erection, installation, or modification of an air 

contaminant source; or 

{b) For the NSR program, any physical change or change in 

the method of operation, including fabrication, erection, installation, 

demolition, or modification of an emissions unit that would result in 

a change in the emissions at an air contaminant source. 

{51) "Continuous emissions monitoring system" or "CEMS" 

means all of the equipment necessary to meet the data acquisition 

and availability requirements of 401 KAR 51:017 or 51:052 to sample, condition (if applicable), analyze, and provide a record of 

emissions on a continuous basis. 

(52) "Continuous emission monitoring system for NOx" or 

"CEMS for NOx" means the equipment required to sample, analyze, measure, and provide, by readings taken at least once every 

fifteen {15) minutes of the measured parameters, a permanent 

record of NOx emissions, expressed in tons per hour for NOx. The 

following systems are necessary component parts, as required by 

40 C.F.R. Part 75, included in a continuous emissions monitoring 

system: 

(a) Flow monitor; 

(b) NOx pollutant concentration monitor: 

(c) Diluent gas monitor (02 or C02); 

(d) Continuous moisture monitor; and 

(e) Automated data acquisition and handling system. 

(53) "Continuous emissions rate monitoring system" or 

"CERMS" is defined by 40 C.F.R. 51.166{b)(46). 

(54) "Continuous monitoring system" means the total equipment, required under the applicable administrative regulations in 

401 KAR Chapters 50 to 65, used to sample, to condition (if appli-

• 973. 
VOLUME 39, NUMBER 5- NOVEMBER 1, 2012 

cable), to analyze, and to provide a permanent record of emissions 

or process parameters. 

(55) "Continuous parameter monitoring system" or "CPMS" is 

defined by: 

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

(b) 40 C.F.R. 51.165(a)(1}(xxxiii} for 401 KAR 51 :052. 

(56) "Control period" means the period beginning May 1 of a 

year and ending on September 30 of the same year, inclusive. 

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

the Energy and Environment Cabinet. 

(58) "District" is defined by KRS 224.01-Q10(11 ). 

(59} "dscf' means dry cubic feet at standard conditions. 

(60) "dscm" means dry cubic meter at standard conditions. 

(61} "Electric generating unit' means, for 401 KAR 51:160 to 

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

cycle system used to generate twenty-five (25) megawatts or more 

of electricity, some of which is offered for sale. 

{62) "Electric utility steam generating unit" or "EUSGU" is defined by 40 C.F.R. 51.166(b)(30). 

(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 facility or from air 

pollution control equipment installed in an affected facility. 

(64) 'Emissions unit" means any part of a stationary source, 

including an EUSGU, that emits or has the potential to emit a regulated NSR pollutant. For 401 KAR 51:017 and 51:052, there are 

two (2) types of emissions units: 

(a) A new emissions unit, which is any emissions unit that is or 

will be newly constructed and that has existed for less than two (2) 

years from the date the unit frrst operated: and 

(b) An existing emissions unit, which is any emissions unit that 

does not meet the requirements in paragraph {a) of this subsection 

or is a replacement unit. 

(65) "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 lime period adequate to demonstrate compliance with the 

standards; and 

(c) The method the source shall use to achieve and demonstrate compliance with the limitations and standards, including 

appropriate monitoring, recordkeeping, and reporting. 

(66) "Equivalent method" means a method of sampling and 

analyzing for an air pollutant that has been demonstrated to the 

cabinet and the U.S. EPA pursuant to 40 C.F.R. 53.3 to have a 

consistent and quantitatively known relationship to the reference 

method, under specified conditions. 

(67) "Excess NOx emissions" means any tonnage of nitrogen 

oxides emitted by a NOx budget unit during a control period that 

exceeds the NOx budget emissions limitation for the unit. 

(68) 'Exempt compound" or "exempt solvent" means an organic compound listed in the defrnition of volatile organic compound as 

not participating in atmospheric photochemical reactions. 

(69} "Existing source" means a source that is not a new 

source. 

{70) "Extreme nonattainment county" or 'extreme nonattainment area' means a county or portion of a county designated extreme nonatlainment for the national ambient air quality standard 

for ozone. 

(71) "°F" means degree Fahrenheit. 

(72) "Federal land manager" is defined by 40 C.F.R. 

51.166(b)(24). 

(73) "Federally enforceable" means all limitations and conditions that are enforceable by the U.S. EPA, including: 

(a) Requirements developed under 40 C.F.R. Parts 60 and 61; 

(b) Requirements in the Kentucky State Implementation Plan 

(SIP) approved by the U.S. EPA; and 

(c) Any permit requirements established under 40 C.F.R. 52.21 

or under the Kentucky SIP approved pursuant to 40 C.F.R. Part 51, 

Subpart I, including operating permits issued under a U.S. EPAapproved program incorporated into the SIP, that expressly requires adherence to a permit issued under the program. 

(74) 'Federally enforceable permit" means a permit issued 

under 401 KAR 52:020 or 52:030, as appropriate. 

(75) "Fixed capital cost" means the capital needed to provide 

all the depreciable components. 

(76) "Fossil fuel" means natural gas; petroleum; coal; or a form 

of solid, liquid, or gaseous fuel derived from natural gas, petroleum, or coal. 

(77) "Fossil fuel fired" means, for a unit: 

(a) The combustion of fossil fuel, alone or in combination wHh 

another fuel, if the fossil fuel combusted comprises more than fifty 

(50) percent of the annual heat input on a BTU basis during a year 

starting in 1995 or, if a unit had no heat input starting in 1995, during the last year of operation of the unit prior to 1995; or 

(b) The combustion of fossil fuel, alone or in combination with 

another fuel, if the fossil fuel is projected to comprise more than 

fifty (50) percent of the annual heal input on a BTU basis during a 

year, and the unit is to be fossil fuel fired as of the dale during the 

year the unit begins combusting fossil fuel. 

(78) "ft" means feet or foot. 

(79} "Fuel" means natural gas; petroleum; coal; wood; or a 

form of solid, liquid, or gaseous fuel derived from these materials 

for the purpose of creating useful heat. 

(80} "Fugitive emissions" means those emissions that could 

not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. 

(81} "g" means gram. 

(82} "gal" means gallon. 

(83) 'General fund" is defined by KRS 48.010(15)(a). 

(84) "Generator" means a device that produces electricity. 

(85} "gr" means grain. 

(86) "HCI' means hydrochloric acid. 

(87) "Heat input" means the product, in MMBTU per unft of 

time, of the gross calorific value of the fuel, in BTU per lb, and the 

fuel feed rate into a combustion device, in mass of fuel per unit of 

time, that: 

(a) Does not include the heat derived from preheated combustion air, recirculated flue gases, or exhaust from other sources; and 

(b) Is measured, recorded, and reported to the cabinet. 

(88) "HF" means hydrogen fluoride. 

(89) "Hg" means mercury. 

(90) "High terrain" is defined by 40 C.F.R. 51.166(b)(25). 

(91) "hr'' means hour. 

(92) 'Hydrocarbon" means an organic compound consisting 

predominantly of carbon and hydrogen. 

(93) "Hydrocarbon combustion flare" means: 

(a} A flare used to comply with an applicable New Source Performance Standard (NSPS) or Maximum Achievable Control Technology (MACT) standard, including uses of flares during startup, 

shutdown, or ma!function permitted under the standard; or 

(b) A fiare that serves to control emissions of waste streams 

comprised predominately of hydrocarbons and containing no more 

than 230 j.Jg/dscm hydrogen sulf1de. 

(94) "H20" means water. 

(95) "H2S" means hydrogen sulfide. 

(96) "H2S04· means sulfuric acid. 

(97} "in" means inch. 

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

solid, semisolid, liquid, or gaseous combustible wastes. 

(99} "Industrial boiler or turbine" means a fossil fuel-fired boiler, 

combustion turbine, or a combined cycle system having a maximum design heat input of 250 MMBTU per hour or more that is not 

an electric generating unit. 

(100) "Innovative control technology'' is defined by 40 C.F.R. 

51.166(b)(19}. 

(101) "Intermittent emissions" means emissions of particulate 

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

any six (6) consecutive minutes. 

(102) 'J" means joule. 

(103) "Kg" means kilogram. 

(104) "I" means liter. 

(105) 'lb" means pound. 

(106) "Legally enforceable' means the cabinet or the U.S. EPA 

has the authority to enforce a certain restriction. 

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VOlUME 39, NUMBER 5- NOVEMBER 1, 2012 

(107) "Long dry kiln" means a kiln that employs no preheating 

of the feed and has a dry inlet feed. 

(108) "Long wet kiln" means a kiln that employs no preheating 

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

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

(110) "Lowest achievable emissions rate" or "LAER" means, 

for any source: 

(a)1. The most stringent emissions limitation that is contained 

in the Kentucky SIP for the ciSss or category of stationary source, 

unless the owner or operator of the proposed stationary source 

demonstrates that the limitation is not achievable; or 

2. The most stringent emissions limitation achieved in practice 

by the class or category of stationary source; 

(b) For a major modification, the lowest achievable emissions 

rate for the new or modified emissions units at the stationary 

source; and 

(c) An emissions limitation that does not exceed the allowable 

emissions of an applicable standard established pursuant to 40 

C.F.R. Parts 60, 61, or63. 

(111) "m" means meter. 

(112) "m3

" means cubic meter. 

(113) "Major emissions 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; 

oc 

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

PAL pollutant in an amount that is equal to or greater than the 

major source threshold for the PAL pollutant as defined by the 

Clean Air Act, 42 U.S.C. 7401 - 7671q for nonattainment areas. 

(114) "Major modification" means a physical change in or a 

change in the method of operation of a major stationary source that 

results in a significant emissions increase and a significant net 

emissions increase of a regulated NSR pollutant. 

(a) A significant emissions increase from any emissions units 

or net emissions increase at a major stationary source that is significant for volatile organic compounds or nitrogen oxides is considered significant for ozone. 

(b) A physical change or change in the method of operation 

does not include: 

1. Routine maintenance, repair, and replacement; 

2. Use of alternative fuel or raw material by reason of an order 

or a natural gas curtailment plan in effect under a federal act; 

3. Use of an alternative fuel at a steam generating unit to the 

extent that the fuel is generated from municipal solid waste; 

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

source that: 

a. The source was capable of accommodating before January 

6, 1975, for401 KAR 51:017, or December 21, 1976, for 401 KAR 

51 :052; unless the change would be prohibited by a federally enforceable permit condition that was established after January 6, 

1975, for 401 KAR 51:017, or December 21, 1976, for 401 KAR 

51:052, pursuantto 40 C.F.R. 51.165 or 51.166; or 

b. The source is approved to use by a permit issued pursuant to 

401 KAR 51:017 or 51:052; 

5. An increase in the hours of operation or in the production 

rate, unless the change is prohibited by any federally enforceable 

permit condition established after January 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 51 :016E; 

6. A change in ownership at a stationary source; 

7. The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, if the project 

complies with the Kentucky SIP and other requirements necessary 

to attain and maintain the national ambient air quality standards 

during the project and after it is terminated; 

8. The installation or operation of a permanent clean coal technology demonstration project that constitutes repowering, if the 

project does not result in an increase in the potential to emit of a 

regulated pollutant emitted by the unit, on a pollutant-by-pollutant 

basis; or 

9. The reactivation of a very clean coal-f1red electric utility 

steam generating unit. 

(c) Instead of this definition, the definition for ~PAL major modification", in subsection (175) of this section, is used for a particular 

regulated NSR pollutant, if the major stationary source is complying with the requirements of 401 KAR 51:017, Section 20, and 401 

KAR 51:052, Section 11, for a PAL for that pollutant. 

(115)"Major NSR permit" means a permit issued under Kentucky's PSD or NSR program. 

(116) "Major source" means a source with a potential emission 

rate equal to or greater than 100 tons per year of any one {1) of the 

following pollutants: particulate matter, sulfur oxides, nitrogen 

oxides, volatile organic compounds, carbon monoxide, or ODS. 

(117) "Major source baseline date" means: 

(a) For PM10[particwlate matter] and sulfur dioxide, January 6, 

1975; [aM) 

(b) For nitrogen dioxide, February 8, 1988; and 

lcl For PM, •. October 20, 2010. 

(118) 'Major stationary source" means: 

(a)1. A stationary source of air pollutants that emits, or has the 

potential to emit, 100 tons per year or more of a regulated NSR 

pollutant, except that: 

a. For ozone nonattainment areas: 100 tons per year of more 

of volatile organic compounds or nitrogen oxides in a marginal or 

moderate ozone nonattainment area; frfty (50) tons per year or 

more of volatile organic compounds or nitrogen oxides in a serious 

ozone nonattainment area; twenty-five (25) tons per year or more 

of volatile organic compounds or nitrogen oxides in a severe ozone 

nonattainment area; or ten (10) tons per year or more of volatile 

organic compounds or nitrogen oxides in an extreme ozone nonattainment area; 

b. Fifty (50) tons per year or more of carbon monoxide in a 

serious carbon monoxide nonattainment area where stationary 

sources contribute significantly to carbon monoxide levels; and 

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

{PM,o) in a serious PM,o nonattainment area; or 

2.a. For the PSD program, any of the following stationary 

sources of air pollutants that emits, or has the potential to emit, 100 

tons per year or more of a regulated NSR pollutant: fossil fuel-fired 

steam electric plants of more than 250 million BTU per hour heat 

input, coal cleaning plants with thermal dryers, kraft pulp mills, 

Portland cement plants, primary zinc smelters, iron and steel mill 

plants, primary aluminum ore reduction plants, primary copper 

smatters, municipal incinerators capable of charging more than 250 

tons of refuse per day, hydrofluoric, sulfuric, and nitric acid plants, 

petroleum refineries, lime plants, phosphate rock processing 

plants, coke oven batteries, sulfur recovery plants, carbon black 

plants (furnace process), primary lead smelters, fuel conversion 

plants, sintering plants, secondary metal production plants, chemical process plants, except ethanol production facilities producing 

ethanol by natural fermentation under the North American Industry 

Classification System (NAICS) codes 325193 or 312140, fossil fuel 

boilers, or combination of fossil fuel boilers, totaling more than 250 

million BTU per hour heat input, petroleum storage and transfer 

units with a total storage capacity exceeding 300,000 barrels, taconite ore processing plants, glass fiber processing plants, and 

charcoal production plants; and 

b. Regardless of the stationary source size specified in clause 

§h[s<.~Bsla<.~se (i)] of this subparagraph[~). a stationary source 

that emits, or has the potential to ami!, 250 tons per year or more 

of a regulated NSR pollutant; or 

3. Any physical change that will occur at a stationary source 

not otheiWise qualifying under this subsection as a major stationary 

source, if the change will constitute a major stationary source by 

itself; 

(b) A source that is major for volatile organic compounds or 

nitrogen oxides is considered major for ozone; and 

(c) Fugitive emissions are included only if the source belongs 

to one (1) of the following categories of stationary sources: 

1. Coal cleaning plants with thermal dryers; 

2. Kraft pulp mills; 

3. Portland cement plants; 

4. Primary zinc smelters; 

5. Iron and steel mills; 

6. Primary aluminum ore reduction plants: 

7. Primary copper smellers; 

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VOLUME 39, NUMBER 5- NOVEMBER 1, 2012 

8. Municipal incinerators capable of charging more than 250 

tons of refuse per day; 

9. Hydrofluoric, sulfuric, or nitric acid plants; 

10. Petroleum refineries; 

11. Lime plants; 

12. Phosphate rock processing plants; 

13. Coke oven batteries; 

14. Sulfur recovery plants; 

15. Carbon black plants (furnace process); 

16. Primary lead smelters; 

17. Fuel conversion plants; 

18. Sintering plants: 

19. Secondary metal production plants; 

20. Chemical process plants, except ethanol production facilities producing ethanol by natural fermentation under NAICS codes 

325193 or 312140; 

21. Fossil-fuel boilers, or combination of fossil-fuel boilers, 

totaling more than 250 million BTUs per hour heat input; 

22. Petroleum storage and transfer unlls with a total storage 

capacity exceeding 300,000 barrels; 

23. Taconite ore processing plants; 

24. Glass fiber processing plants; 

25. Charcoal production plants; 

26. Fossil fuel-fired steam electric plants of more than 250 

million BTUs per hour heal input; or 

27. Another stationary source category that, as of August 7, 

1980, is being regulated under 42 U.S. C. 7411 or 7412. 

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

air pollution control equipment, process equipment, or a process to 

operate in a nonnal or usual manner that is not caused entirely or 

in part by poor maintenance, careless operation, or other upset 

condition or equipment breakdown that is reasonably preventable. 

(120} "Mandatory Class l 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 Secretary of the U.S. Department of Interior, 

has determined visibility to be an important value. 

(121) "Marginal nonaltainment county" or "marginal nonattainment area' means a county or portion of a county designated marginal nonaltainment for the national ambient air qualfly standard for 

ozone. 

(122) "Maximum design heat input" means the ability of a unit 

to combust a stated maximum amount of fuel per hour on a steady 

stale basis, as detennined by the physical design and physical 

characteristics of the unit. 

(123) "Maximum potential hourly heat input' means an hourly 

heat input used for reporting purposes if a unit lacks certified monitors to report heat input and is: 

(a) A value calculated according to 40 C.F.R. Part 75 using the 

maximum fuel flow rate and the maximum gross calorific value, if 

the unit intends to use 40 C.F.R. Part 75, Appendix D, to report 

heat input; or 

(b) A value reported according to 40 C.F.R. Part 75 using the 

maximum potential flow rate and ellher the maximum percent C02 

concentration (in percent C02) or the minimum percent 0 2, if the 

unit intends to use a flow monitor and a diluents gas monitor. 

(124) "Maximum potential NOx emission rate" means the 

emission rate of NOx (in lb per MMBTU) calculated according to 40 

C.F.R. Part 75, Appendix F, Section 3, using the maximum potential NOx concentration as def1ned in 40 C.F.R. Part 75, Appendix 

A, Section 2, and the maximum percent 0 2 or the minimum percent 

C02 under all operating conditions of the unit except for unit startup, shutdown, and malfunction. 

(125) "Maximum rated hourly heat input" means a unit specific 

maximum hourly heat input (MMBTU) that is the higher of the 

manufacturer's maximum rated hourly heat input or tho highest 

observed hourly heat input. 

(126) "llg" means microgram. 

(127) "mg" means milligram. 

(128} "Mid-kiln firing" means the secondary firing in kilns by 

injecting solid fuel at an intennediate point in the kiln using a specially designed feed injection mechanism for the purpose of decreasing NOx emissions through: 

(a) Burning part of the fuel at a lower temperature; and 

(b) Reducing-conditions altho solid waste injection point that 

may destroy some of the NOx fanned upstream in the kiln burning 

zone. 

(129) "min" means minute. 

(130) "Minor source baseline date• means: 

(a) The earliest date after the trigger date on which a major 

stationary source or a major modification subject to pennit requirements established pursuant to 40 C.F.R. 52.21 or the Kentucky SIP submits a complete application. The trigger date is: 

1.Wor partio~lato matter aRd s~lfldr Sioxide, ttlo trigger Sate is] 

August 7, 1977. for PMm and SO,; 

ZJ; aRS 2. For RilrogeR SioxiEie, ttle trigger Sate isJ February 8, 

1988. for NO,: and 

3. October 20 2011. for PMo s: 

(b) For TSP increments, that the originally established date 

remains in effect to detennine the amount of available PM,o increments, unless the cabinet rescinds the minor source b8seline date 

pursuant to 40 C.F.R. 51.166(b)(14)(iv); and 

(C) A date established for each pollutant for which increments 

or other equivalent measures have been established if: 

1. The area in which the proposed source or modification will 

construct is designated as attainment or unclassifiable pursuant to 

42 U.S.C. 7407(d)(1)(A)(ii) or (iii) for the pollutant on the dale of its 

complete application pursuant to 401 KAR Chapter 52; and 

2. For a major stationary source, the pollutant will be emitted in 

significant amounts or a significant net emissions increase of the 

pollutant will occur for a major modification. 

(131) "MJ" means megajoules. 

(132) "mm" means millimeter. 

(133) "MM" means million. 

(134) "rna• means month. 

(135) "Moderate nonattainment county" or "moderate nonattainment area" means a county or portion of a county designated 

moderate nonattainrnent for the national ambient air quality standard for ozone. 

(136) "Modification" means any physical change in, or a 

change in the method of operation of, an affected facility that: 

(a) Increases the amount of any air pollutant·(to which a standard applies} emitted into the atmosphere by that facility or that 

results in the emission of any air pollutant (to which a standard 

applies} into the atmosphere not previously emitted; and 

(b) Is not solely: 

1. Maintenance, repair, and replacement that the cabinet detemiines to be routine for a source category considering available 

infonnation; 

2. An increase in production rate of an affected facility, if that 

increase can be accomplished without a capital expenditure on that 

facility; 

3. An increase in the hours of operation; 

4. Use of an alternative fuel or raw material if, prior to the date 

a standard becomes applicable to that source type, the affected 

facility was designed to accommodate that alternative use. A facility is considered to be designed to accommodate an alternative fuel 

or raw material if that use could be accomplished under the facility's construction specification as amended prior to the change; 

5. Conversion to coal required for energy considerations, as 

specified in 42 U.S.C. 7411(a)(8); 

6. The addition or use of a system or device the primary function of which is the reduction of air pollutants, unless an emission 

control system is removed or replaced by a system that the cabinet 

determines to be less environmentally beneficial; or 

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

(137) "Monitoring device" means the total equipment, required 

by an applicable administrative regulation in 401 KAR Chapters 50 

to 65, used to measure and record, if applicable, process parameters. 

(138) "Monitoring system' .means a monitoring system that 

meets the requirements of any applicable administrative regulation 

in 401 KAR Chapters 50 to 65. 

(139) "MWe" means megawatt electrical. 

(140) "NT means nitrogen. 

(141) "Nameplate capacity" means the maximum electrical 

generating output (in MWe) that a generator can sustain over a 

specified period of time if not restricted by seasonal or other dora!-

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VOLUME 39, NUMBER 5- NOVEMBER 1, 2012 

ings as measured with United States Department of Energy standards. 

(142) "Natural conditions" means those naturally occurring 

phenomena that reduce visibility as measured in terms of visual 

range, contrast, or coloration. 

(143) "Necessary preconstruction approvals or permits" means 

those permits or approvals required under the administrative regulations approved to the Kentucky SIP pursuant to 40 C.F.R. 

52.920, and federal air quality control laws and regulations established pursuant to 42 U.S.C. 7401 - 7671q. 

(144) "Net emissions increase" means: 

(a) For any regulated NSR pollutant emitted by a major stationary source, the amount by which the sum of subparagraphs 1 and 

2 of this paragraph exceeds zero: 

1. An increase in emissions from a particular physical change 

or change in method of operation at a stationary source as calculated pursuant to 401 KAR 51:017, Section 1(4), or 401 KAR 

51:052, Section 1 (2);_ and 

2. Any other increases and decreases in actual emissions at 

the major stationary source that are contemporaneous with the 

particular change and are otherwise creditable. Baseline actual 

emiss·rons for calculating increases and decreases under this paragraph are determined as defined in this section. 

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

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

the change occurs between the date ten (10) years 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 January 6, 

2002, the change occurs between the date five (5) years before 

construction on the change commences and the date that the increase from the change occurs. 

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

only if: 

1. The cabinet or the U.S. EPA has not relied on the change in 

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

51:052, or40 C.F.R. 52.21; and 

2. The permit is in effect at the time the increase or decrease in 

actual emissions from the particular change occurs. 

(d) An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or nitrogen oxides that occurs before the 

applicable minor source baseline date is creditable only if it is required to be considered in calculating the amount of maximum 

allowable increases remaining available. For particulate matter, 

only PM1o emissions are used to evaluate the net emissions increase for PM1o· 

(e) An increase in actual emissions is creditable only to the 

extent that the new level of actual emissions exceeds the old level. 

(f) A decrease in actual emissions is creditable only to the 

extent that: 

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

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

emissions; 

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

after the time that actual construction on the particular change 

begins; and 

3. The decrease has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change. 

(g) An increase that results from a physical change at a source 

occurs if the emissions unit on which construction occurred becomes operational and begins to emil a particular pollutant. A replacement unit that requires shakedown becomes operational only 

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

(h) The term, actual emissions, as defined in subsection (2) of 

this section does not apply in determining creditable increases and 

decreases. 

(145) "New source" means a source, the construction, reconstruction, or modification of which commenced on or after the classification date as defined in the applicable administrative regulation, irrespective of a change in emission rate. 

(146) "Nitrogen oxides" means all oxides of nitrogen except 

nitrous oxide, as measured by test methods specified in the Kentucky SIP. 

(147) "ng" means nanograms. 

(148) "NO" means nitric oxide. 

(149) "N02" means nitrogen dioxide. 

(150) ~Nonattainment major new source review program" or 

"NSR program" is defined by 40 C.F.R. 51.165(a)(1)(xxx). For 

purposes of this definition, "administrator" means the U.S. EPA. 

{151) "NOx" means nitrogen oxides. 

(152) "NOx allowance" is defined by 40 C.F.R. 96.2. 

(153) "NOx Allowance Tracking System" or "NATS" is defined 

by 40 C.F.R. 96.2 For purposes of this definition, "administrator' 

means the U.S. EPA. 

(154) "NOx authorized account representative" is defined by 40 

C.F.R. 96.2. 

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

budget unH:, the tonnage equivalent of the NOx allowances available for compliance deduction for the unit and for a control period 

under 401 KAR 51:160 adjusted by deductions of sufficient NOx 

allowances to account for: 

(a) Actual utilization under 40 C.F.R. 96.42(e) for the control 

period; 

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

C.F.R. 96.54(d); 

(c) Withdrawal from the NOx budget program under 40 C.F.R. 

96.86; or 

(d) A change in regulatory status for a NOx budget opt-in 

source under 40 C.F.R. 96.87. 

(156) "NOx budget opt-in source" means an affected facility 

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

Budget Trading Program and whose NOx budget opt-in permit has 

been issued and is in effect. 

(157) "NOx budget source" is defined by 40 C.F.R. 96.2. 

(158) "NOx Budget Trading Program• is defmed by 40 C.F.R. 

96.2. 

(159) "NOx budget unit" means a unit that is subject to the 

NOx Budget Trading Program emissions limitation under 401 KAR 

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

(160) •Nox budget unit operator" means a person who operates, controls, or supervises a NOx budget unit, a NOx budget 

source, or 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 and incJudes a holding company, utility system, or plant 

manager of a NOx budget unit or source. 

(161) "NOx budget unit owner" means: 

(a) A holder of a portion of the legal or equitable title in a NOx 

budget 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; 

(b) A holder of a leasehold interest in a NOx budget 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; 

(c) A purchaser of power from a NOx budget unit or from 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 under a lifeof-the-unit, firm power contractual arrangement and unless expressly provided for in a leasehold agreement, does not include a 

passive lessor, or a person who has an equitable interest through 

the lessor, whose rental payments are not based, either directly or 

indirectly, upon the revenues or income from the NOx budget unit 

or the unit for which an application for a NOx budget opt-in permit 

under 401 KAR 51:195 is submitted and not denied or withdrawn; 

(d)-For any general account, a person who has an ownership 

interest with respect to the NOx allowances held in the general 

account and who is subject to the binding agreement for the NOx 

authorized account representative to represent that person's ownership. 

(162) "02' means oxygen. 

(163) "03" means ozone. 

(164) "Opacity" means the degree to which emissions reduce 

the transmission of light and obscure the view of an object in the 

background. 

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VOLUME 39, NUMBER 5- NOVEMBER 1, 2012 

(165) "Operating" means, for a NOx budget unit, having documented heat input for more than 876 hours in the six (6) months 

immediately preceding the submission of an application for an 

initial NOx budget permit 

(166) "Operator" means, for a NOx budget unit, any person 

who operates, controls, or supervises a NOx budget unit, a NOx 

budget source, or unit for which an application for a NOx budget 

opt-in permit is submitted and not denied or withdrawn, and includes any holding company, utility system, or plant manager of 

the unit or source. 

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

unit under the NOx Budget Trading Program through a final NOx 

budget opt-in permit. 

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

96.2. 

(169) "Owner or operator" means a person who owns, leases, 

operates, controls, or supervises an affected facility or a source of 

which an affected facility is a part. 

(170) "oz" means ounce. 

(171) 'Ozone depleting potential" or "ODP", means pursuant to 

40 C.F .R. Part 82, Subpart A, Appendices A and B, the ratio of the 

total amount of ozone destroyed by a fixed amount of an ozone 

depleting substance to the amount of ozone destroyed by the 

same mass of trichlorofiuoromethane {CFC-11) in which the ozone 

depleting potential of CFC-11 is equal to one and zero-tenths (1.0). 

(172) "Ozone depleting substance" or "ODS' means any 

chemical compound regulated under 40 C.F.R. Part 82 with decay 

products, after the photolysis of the ODS by short-wave ultraviolet 

light, that are able to catalyze the destruction of stratospheric 

ozone. 

(173) "PAL effective date• means: 

(a) The date of issuance of the PAL permit; or 

(b) For an increased PAL, the date any emissions unit that is 

part of the PAL major modification becomes operational and begins to emit the PAL pollutant. 

(174) 'PAL effective period" means the period beginning with 

the PAL effective date and ending ten {10) years later. 

(175) "PAL major modification" means any physical 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 equal to or greater 

than the PAL. 

(176) "PAL permit" means the permit issued by the cabinet that 

establishes a PAL for a major stationary source. 

{177) 'PAL pollutant" means the pollutant for wllich a PAL is 

established at a major stationary source. 

(178) "Particulate matter" means a material, except uncombined water that exists in a finely divided form as a liquid or solid 

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

approved in the Kentucky SIP. 

(179) 'Particulate matter emissions' means, except as used in 

40 C.F.R. Part 60, all finely divided solid or liquid material, other 

than uncombined water, emitted to the ambient air as measured by 

applicable reference methods, or an equivalent or alternative method specified in 40 C.F.R. Chapter I, or by a test method specified 

in the Kentucky SIP. 

(180) "Peak load" means the maximum instantaneous operating load. 

(181) 'Permitted capacity factor" means the annual permitted 

fuel use divided by the manufacturer's specified maximum fuel 

consumption multiplied by 8,760 hours per year. 

(182) "Person" is defined by KRS 224.01-01 0(17). 

(183) "Plant-wide applicability limitation" or "PAL" means an 

emission limitation, expressed in tons per year, for a pollutant at a 

major stationary source, that is enforceable as a practical matter 

and is established source-wide in accordance with 401 KAR 

51:017 or 51:052. 

(184) "PMz.o" means particulate matter with an aerodynamic 

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

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

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

53, or by an equivalent method designated in accordance with 40 

C.F .R. Part 53. 

(185) "PM1o" means particulate matter with an aerodynamic 

diameter less than or equal to a nominal ten (1 0) micrometers as 

measured by a reference method in 40 C.F.R. Part 50, Appendix J, 

and designated in accordance with 40 C.F.R. Part 53, or by an 

equivalent method designated in accordance with 40 C.F.R. Part 

53. 

{186) "PM10 emissions' means finely divided solid or liquid 

material with an aerodynamic diameter less than or equal to a 

nominal ten (1 0) micrometers emitted to the ambient air as measured by an applicable reference method, or an equivalent or alternative method specified in 40 C.F.R. Chapter I, or by a test method 

specified in the Kentucky SIP. 

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

51.166(b)(38). 

(188) "Portland cement" means a hydraulic cement produced 

by pulverizing clinker consisting essentially of hydraulic calcium 

silicates. 

(189) "Portland cement kiln" means a system, including solid, 

gaseous or liquid fuel combustion equipment, used to calcite and 

fuse raw materials, including limestone and clay, to produce Portland cement clinker. 

(190) "Potential to emit" or "PTE" means: 

(a) The maximum capacity of a stationary source to emit a 

pollutant under its physical and operational design, in which: 

1. A physical or operational lim~ation 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, is treated as 

part of its design if the limitation is enforceable as a practical matter; and 

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

other purposes of the Clean Air Act, 42 U.S.C. 7401 - 7671q, or the 

term 'capacity factor" as used in the Acid Rain Program 

(b) For the PSD and NSR programs, the maximum capacity of 

a stationary source to emit a pollutant under its physical or operational design, in which: 

1. A physical or operational limitation on the capacity of the 

source to emit a pollutant, including air pollution control equipment 

and restrictions on hours of operation or on the type or amount of 

material combusted, stored, or processed, is treated as part of its 

design if the limitation or the effect it would have on emissions: 

a. Is federally enforceable: or 

b. For an actual PAL, is federally enforceable or enforceable as 

a practical matter; and 

2. Secondary emissions are not counted. 

{191} "ppb" means parts per billion. 

(192) "ppm" means parts per million. 

(193) "ppm(w/w)" means parts per million (weight by weight). 

(194) "Precalciner kiln" means a kiln in wllich the feed to the 

kiln system 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 monitoring system" or "PEMS' is 

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

(196) "Preheater kiln" means a kiln in which the feed to the kiln 

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

a kiln that forms clinker. 

(197) "Prevention of Significant Deterioration Program" or 

"PSD Program" means a major source preconstruction program 

that has been approved by the U.S. EPA and incorporated into the 

Kentucky SIP to implement the requirements of 40 C.F.R. 51.166 

or 52.21. 

(198) "Project" means a physical change in or change in method of operation of an existing major stationary source. 

(199) "Projected actual emissions" means: 

(a) The maximum annual rate, in tons per year, at which an 

existing emissions unit is projected to emit a regulated NSR pollutant in any one (1) of the five (5) years, in a twelve (12) month 

period, following the date the unit resumes regular operation after 

the project, or in any one (1) of the ten (1 0) years following that 

date, if: 

1. The project involves increasing the emissions unit's design 

capacity or its potential to emit the regulated NSR pollutant; and 

2. Full utillzation of the unit would result in a significant emissions increase or a significant net emissions increase at the major 

stationary source; or 

-978-
VOLUME 39, NUMBER 5- NOVEMBER 1, 2012 

(b) The maximum annual rate, in tons per year, at which an 

emissions unit, before beginning actual construction, is projected to 

emit a regulated NSR pollutant, if the source: 

1.a. Considers all relevant information, including historical 

operational data and the company's own representations of expected and highest projected business activity, filings with the cabinet and the U.S. EPA, and compliance plans under the Kentucky 

SIP; 

b. Includes fugitive emissions and emissions associated with 

startups, shutdowns, and malfunctions; and 

c. Excludes, in calculating any increase in emissions that results from a project, that portion of the unit's emissions following 

the project that an existing unit could have accommodated during 

the consecutive twenty-four (24) month period used to establish 

the baseline actual emissions and that are also unrelated to the 

project, including any increased utilization due to product demand 

growth; or 

2. Elects to use the emissions unit's potential to emit, in tons 

per year, instead of using subparagraph 1. of this paragraph to 

determine projected actual emissions. 

(200) "psia" means pounds per square inch absolute. 

(201) "psig' means pounds per square inch gage. 

(202) "RACT/BACT/LAER Clearinghouse' or "RBLC" means 

the U.S. EPA's online collection of previous RACTIBACT/LAER 

determinations. 

(203) "Reactivation of a very clean coal-fired EUSGU' is defined by 40 C.F.R. 51.166(b)(37). 

(204) 'Reasonable further progress" is defined by 42 U.S.C. 

7501(1). For purposes of this definition, "administrator'' means the 

U.S. EPA. 

(205) 'Reconstruction" means the replacement of components 

of an existing affected facility to the elden! that: 

(a) The fixed capital cost of the new components exceeds fifty 

(50) percent of the fixed capital cost that would be required to construct a comparable entirely new affected facility; and 

(b) 11 is technologically and economically feasible to meet the 

applicable requirements of 401 KAR Chapters 50 to 65. 

(206) "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 Part 60, Appendices A 

and B; 40 C.F.R. Part 61, Appendix B; or 40 C.F.R. Part 63, Appendices A to D. 

(207) "Regulated NSR pollutant" means [the followiRg]: 

(a) For 401 KAR 51:017: 

LA pollutant for which a national ambient air quality standard 

has been the following [aRYl constituents or prei i 

i i 

i i 

promulgated 

under42 7411; 

~[{G)] A pollutant subject to a standard promulgated under or 

established by42 U.S. C. 7671 to 7671q; or 

!,[f4}] A pollutant that otherwise is subject to regulation, as 

defined in subsection (231) of this section, under 42 U.S.C. 7401 to 

7671q, except that any hazardous air pollutant (HAP) listed in 42 

U.S.C. 7412 or added to the list pursuant to 42 U.S.C. 7412(b)(2), 

that has not been delisted pursuant to 42 U.S. C. 7412(b)(3), is not 

a regulated NSR pollutant unless the listed HAP is also regulated 

as a constituent or precursor of a general pollutant listed under 42 

. I 

' means an i i unit that does 

not generate creditable emissions reductions by shutting down the 

existing emissions unit that is replaced, and that: 

(a)1. Is a reconstructed unit within the meaning of 40 C.F.R. 

60.15(b)(1) or that completely takes the place of an existing emissions unit; 

2. Is identical to or functionally equivalent to the replaced 

emissions unit; and 

3. Does not alter the basic design parameters of the process 

unit. 

(b) Replaces a unit that: 

1. Is permanently removed from the major stationary source, is 

otherwise permanently disabled, or is prohibited from operating by 

a permit that is enforceable as a practical matter; and 

2. If brought back into operation, is considered a new emissions unit. 

(209) "Repowering" is defined by40 C.F.R. 51.166(b)(36). 

(210) "Responsible official" means: 

(a) For a corporation: a president, secretary, treasurer, or vicepresident of the corporation in charge of a principal business function, or other person who performs similar policy or decision-

-979-
VOLUME 39, NUMBER 5- NOVEMBER 1, 2012 

making functions for the corporation, or a duly authorized representative of that person if the representative is responsible for the 

overall operation of one (1) or more manufacturing, production, or 

operating facilities applying for or subject to a penn it and 

1. The facilities employ more than 250 persons or have gross 

annual sales or expenditures exceeding $25,000,000 in second 

quarter 1980 dollars; or 

2. The delegation of authority to the representative is approved 

in advance by the cabinet pursuant to this subsection; 

(b) For a partnership or sole proprietorship, a general partner 

or the proprietor, respectively; 

(c) For a municipality, slate, federal, or other public agency, a 

principal executive officer or ranking elected official. The principal 

executive officer of a federal agency indudes the chief executive 

officer having responsibility for the overall operation of a principal 

geographic unit of the agency; or 

(d) For the acid rain portion of a permit for an affected source, 

the designated representative. 

(211) "Run• means the net period of time, either intermittent or 

continuous within the limits of good engineering practice, when an 

emission sample is collected. 

{212) •s• means at standard conditions. 

(213) "sec" means second. 

(214) "Secondary emissions" means emissions that: 

(a) Occur as a result of the construction or operation of a major 

stationary source or major modification, and do not come from the 

major stationary source or major modification itself; 

(b) Are specific, well defined, quantifiable, and impact the 

same general area as the stationary source modification that causes the secondary emissions; 

(c) Include emissions from an offsfte support facility that would 

not otherwise be constructed or increase its emissions as a result 

of the construction or operation of the major stationary source or 

major modification; and 

(d) Do not include emissions that come directly from a mobile 

source, including emissions from the tailpipe of a motor vehicle, a 

train, or vessel. 

(215) "Serious nonattainment county'' or "serious nonattainment area' means a county or portion of a county designated serious nonattainment for the national ambient air quality standard for 

ozone. 

(216) "Severe nonattainment county" or "severe nonattainment 

area" means a county or portion of a county designated severe 

nonattainment for the national ambient air quality standard for 

ozone. 

(217) "Shutdown" means the cessation of an operation. 

(218) "Significant" means: 

(a) For 401 KAR 51:017, in reference to a net emissions increase or the I of a source to emit any of the pollutants 

listed in the I a rate of emissions that would equal or 

li I 

; ;;;;;;;;~~~~ not to be a PM2.5 precursor pursuant to subsection (207)(a)1.c.lf3}] 

of this section. 

{b) For 401 KAR 51:017, in reference to a net emissions increase or the potential of a source to emit a regulated NSR pollutant that is not listed in the table in paragraph (a) of this subsection, 

any emissions rate; 

{c) For 401 KAR 51:017, in reference to an em1ssions rate or a 

net emissions increase associated with a major stationary source 

or major modification, that is to be constructed within ten (1 0) kilometers of a Class I area, an impact on that area equal to or greater 

than one (1) j.I.Q/m3 over a twenty-four (24) hour average; 

(d) For 401 KAR 51:052, in reference to a net emissions increase or the of a source to emit any of the pollutants 

listed in the I , a rate of emissions that would equal or 

; 

PM2.o precursor subsection 

(ill7)l!>J~"(<~!!~l.of this section. 

51:052, with the exception of the significant 

'"';~,io,~ rate for ozone in this subsection, significant means, in 

reference to an emissions increase or net emissions increase, a 

rate of emissions that exceeds the following: 

1. Twenty-five {25) tons per year of volatile organic compounds 

or nitrogen oxides in a serious or severe ozone nonattainment 

area; or 

2. &![AA¥1 increase in actual emissions of volatile organic 

compounds or nitrogen oxides in an extreme ozone nonattainment 

area; or 

(f) For 401 KAR 51:052, with the exception of the significant 

emissions rate for carbon monoxide in this subsection, significant 

means, in reference to an emissions increase or net emissions 

increase, a rate of emissions of carbon monoxide that equals or 

exceeds fifty {50) tons per year in a serious nonattainment area for 

carbon monoxide in which a stationary source contribute significantly to carbon monoxide levels. 

(219) "Significant emissions increase" means, for a regulated 

NSR pollutant, an increase in emissions that is equal to or greater 

than the emission level that is significant for that pollutant. 

(220) "Significant emissions unit" means an emissions unit that 

emits or has the potential to emit a PAL pollutant in an amount 

• 980. 
VOLUME 39, NUMBER 5- NOVEMBER 1, 2012 

·equal to or greater than the applicable significant level as defined 

in subsection (218) of this section or in 42 U.S.C. 7401 to 7671q, 

whichever is lower for that PAL pollutant, but less than the amount 

that would qualify the unit as a major emissions unit. 

(221) "Small emissions unif' means an emissions unit that 

emits or has the potential to emit the PAL pol!u,tant in an amount 

less than the PAL pollutant's applicable significant level as defied 

in subsection (218) of this section; or in 42 U.S.C. 7401 to 7671q, 

whichever is lower. 

(222) "S02" means sulfur dioxide. 

(223) "Source" means one (1) or more affected facilities contained within a given contiguous property line, ·which means the 

property is separated only by a public thoroughfare, stream, or 

other right of way. 

· (224} "sq" means square. 

-(225} "Stack or chimney" means a flue, condui~ or cjuct arranged to conduct emissions to the atmosphere. 

(226) "Standard" means an emission standard, a standard of 

perfonnance, or an ambient air quality standard as promulgated in 

401 KAR Chapters 50 to 65 or the emission control requirements 

necessary to comply with 401 KAR Chapter 51. 

(227} "Standard condlf1ons• means: 

(a} For source measurements, twenty (20} degrees Celsius 

(sixty-eight (68} degrees Fahrenheit} and a pressure of 760 mm Hg 

(29.92 in. of Hg}; or 

(b) For air quality determinations, twetity-five (25} degrees 

Celsius (seventy-seven (77} degrees Fahrenheit} and a reference 

pressure of 760 mm Hg (29.92 in. of Hg}. 

(228} "Start-up" or "startup" means the setting .in operation of 

an affected facility. 

(229) "State implementation plan" or "SIP" means the most 

recently prepared plan or revision required by 42 U.S.C. 7410 that 

has been approved by the U.S. EPA. 

(230) "Stationary source" means a building, structure, facility, 

or installation that emits or has the potential to em·lt a regulated 

NSR pollutant 

(231} "Subject to regulation" is defined by 40 C.F.R. 

51.166(b)(48). 

(232} "Submit" means to send or transmit a document, information, or correspondence in accordance with an applicable requirement. 

(233} ''TAPPI" means Technical Association of the Pulp and 

Paper Industry. 

(234) "Temporary dean coal technology demonstration project" 

is defined by 40 C.F.R. 51.166(b)(35). 

(235) "Ton" or "tonnage", for a NOx budget source, means a 

short ton or 2,000 pounds. For determining compliance with the 

NOx budget emissions limitation, total tons for a control period is 

calculated as the sum of all recorded hourly emissions, or the ton· 

nage equivalent of the recorded hourly emissions rates, in accordance with 40 C.F.R. Part 96, Subpart H with any remaining fraction of a ton equal to or greater than 0.50 ton deemed to equal one 

(1) ton and any fraction of a ton less than 0.50 ton deemed to 

equal zero tons. 

(236) "Total suspended particulates" or "TSP" means particulate matter as measured by the method described in 40 C.F.R. Part 

50, Appendix B. 

(237) "tpy'' means tons per year. 

(238) "TSS" means total suspended solids. 

(239) "Uncombined water" means water that can be separated 

from a compound by ordinary physical means and that is not 

bound to a compound by internal molecular forces. 

(240) "Unit" means a fossil fuel-fired stationary boiler, combustion turbine, or combined cycle system. 

(241) "Urban county" means a county that is a part of an urbanized area with a population greater than 200,000 based upon the 

1980 census. If a portion of a county is a part of an urbanized area, 

then the entire county is cJassffied as urban for 401 KAR Chapters 

50 to 65. 

(242) "Urbanized area' means an area defined by the U.S. 

Department of Commerce, Bureau of Census. 

(243) "U.S. EPA" means the United States Environmental Protection Agency. 

(244) "UTM" means Universal Transverse Mercator. 

(245) 'Visibility impairmenr is defined by 40 C.F.R. 51.301. 

(245) ''Volatile organic compound" or 'VOC" is def1ned by 40 

C.F.R. 51.100(s). 

(247) "yd" means yard. 

Section 2. Incorporation by Reference. (1) The following materi81 is incorporated by reference: 

(a} "North American Industry Classification System", 2007, as 

published by the Office of Management and Budget; and 

(b) "Standard Industrial Classification Manual", 1987, as published by the OfFice of Management and Budget [is incerpeFaleS By 

reference). 

(2) This material may be inspected, copied or obtained, subjecl 

to applicable copyright law, at the following main and regional of. 

fices of the Kentucky Division for Air Quality during the normal 

working hours of 8 a.m. to 4:30 p.m., local time: 

(a) Kentucky Division for Air Quality, 200 Fair Oaks Lane, 1st 

floor, Frankfort, Kentucky 40601-1403, (502) 564-3999; 

{b) Ashland Regional Office, 1550 Wolohan Drtve, Suite 1, 

Ashland, Kentucky 41102, (606) 929-5285; 

(c) Bowling Green Regional Office, 1508 Westen Avenue, 

Bowling Green, Kentucky42104, (270) 746-7475; 

(d) Florence Regional Office, 8020 Veterans Memorial Drive, 

Suite 110, Florence, Kentucky 41042, (859) 525-4923; 

(e) Frankfort Regional Office, 200 Fair Oaks Lane, Third Floor, 

Frankfort, Kentucky 40601, (502) 564-3358; 

(f) Hazard Regional Office, 233 Birch Street, Suite 2, Hazard, 

Kentucky 41701, (606) 435-6022; 

(g) London Regional Office, 875 S. Main Street, london, Kentucky 40741, (606) 330-2080; 

(h) Owensboro Regional Office, 3032 Alvey Park Drive, W., 

Suite 700, Owensboro, Kentucky 42303, (270) 687-7304; and 

(i} Paducah Regional Office, 130 Eagle Nest Drive, Paducah, 

Kentucky 42003, (270) 898-8468. 

(3) The Standard Industrial Classificaflon Manual is also available under Order No. PB 87-100012 from the National Tect:mical 

Information Service, 5285 Port Royal Road, Springfield, Virginia 

22161, phone (703) 487-4650. 

LEONARD K. PETERS, Secretary 

APPROVED BY AGENCY: September 11, 2012 

FILED WITH LRC: September 12, 2012 at11 a.m. 

CONTACT PERSON: Laura Lund, Environmental Technologist 

Ill, Division for Air Quality, 1st Floor, 200 Fair Oaks Lane, Frank· 

fort, Kentucky 40601, phone (502) 564-3999, ext. 4428, fax (502) 

564-4666, and email Laura.Lund@ky.gov. 

PUBLIC PROTECTION CABINET 

Department of Insurance 

Property and Casualty Division 

(As amended at ARRS, October 9, 2012) 

806 KAR 10:060. Cancelation of financial responsibility. 

RELATES TO: KRS 304.1-040, 304.2-110, 304.10-030, 

304.10-040,304.10-140 

STATUTORY AUTHORITY: KRS 304.2-110,304.10-210 

NECESSITY, FUNCTION, AND CONFORMITY: KRS 304.2-

110(1) authorizes the commissioner of insurance to promulgate 

administrative regulations necessary for or as an aid to the effectuation of any provision of the Kentucky Insurance Code as defined 

in KRS 304.1-010. KRS 304.10-210 requires the commissioner to 

make reasonable rules and regulations consistent with KRS 304, 

Subtitle 10, for the effectuation of the surplus lines law. This administrative regulation establishes a time limit for insurers, corporate 

sureties, or other entities to notify surplus lines brokers of the cancelation of that financial responsibility. 

Section 1. Definitions. (1) "Broker'' is defined in KRS 304.10-

030(3JIJ9f.19lmJ{1)}. 

(2) "Insurer" is defined in KRS 304.1-040. 

Section 2. Cancelation of Financial Responsibility. An insurer, 

- 981 -
401 KAR 51 :017. Prevention of significant deterioration of air quality. 

ENERGY.AND ENVIRONMENT CABINET 

Deparbnent for Environmental Protection 

Division for Air Quality 

(Amended After Comments) 

401 KAR 51:017. Prevention of significant deterioration of air quality. 

Page 1~f13 

RELATES TO: KRS 224.10-100, 40 C.F.R. 51 Subpart I, Appendix S, sec. IV, Part 51, Appendix W, 51.166, 52.21, 52.26, 53, 58 Appendix 

A, 60, 61, 63, 70.6, 81.318,81 Subpart D, 42 U.S.C. 7401-7671q[, >4221 o4278d, EO 2899 528] 

STATUTORY AUTHORITY: KRS 224. 10-100(5), 40 C.F.R. 51.166, [5%%+;]42 U.S.C. 7401-7671q[. EO 2999 568] 

NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100.@ requires the cabinet to promulgate administrative regulations for the 

prevention, abatement, and control of air pollution. [£0 2869 568. effective Jt111e 12, 2889, es!!lblis.'les ti'le Ene~1 !lr'ld Llvilelllllelll G!lbil1et.] 

This administrative regulation provides for the prevention of significant deterioration of ambient air quality. The provisions of this administrative 

regulation are not [diffe1elil 11e1] more stringent than the corresponding federal requirements [legtJietiell, 49 G.F.R. 51.166]. 

Section 1. Applicability. (1) This administrative regulation shall apply to the construction of a new major stationary source or a project at an 

existing major stationary source that commences construction after September 22, 1982, and locates in an area designated attainment or 

undassifiable under42 U.S. C. 7407(d){1)(A)(ii) and (iii). 

(2) Except as otherwise provided in this administrative regulation, the provisions of Sections 8 to 16 of this administrative regulation shall 

apply to the construction of a new major stationary source or a major modification of an existing major stationary source. 

(3) The owner or operator of a new major stationary source or major modification, which is subject to the requirements of Sections 8 to 16 

of this administrative regulation, shall not begin actual construction w1thout a proposed permit or proposed permit revision issued under 401 

KAR 52:020 stating that the major stationary source or major modification shall meet those requirements. 

(4) Applicability tests for projects. Except as provided in subsection (5) of this section, a project shall be a major modification for a 

regulated NSR pollutant only if the project causes a significant emissions increase and a significant net emtssions increase as provided in 

paragraphs (a) and (b) of this subsection. 

(a) Prior to beginning actual construction, the owner or operator shall first determine if a significant emissions increase will occur for the 

applicable type of unit being constructed according to subparagraphs 1 to 3 of this paragraph. 

1. Actual-to-projected actual applicability test for projects that only involve existing emissions units. A significant emissions increase of a 

regulated NSR pollutant shall be projected to occur if the sum of the difference between the projected actual emissions and the baseline actual 

emissions for each existing emissions unit equals or exceeds the significant amount for that pollutant. _ 

2. Actual-to-potential test for projects that involve only construction of new emissions units. A significant emissions increase of a regulated 

NSR pollutant shall be projected to occur if the sum of the potential to emit from each new emissions unit following completion of the project 

equals or exceeds the significant amount for that pollutant. 

3. Hybrid test for projects that involve multiple types of emissions units. A significant emissions increase of a regulated NSR pollutant shall 

be projected to occur if the sum of the emissions increases for each emissions unit, using a method specified in subparagraphs 1 and 2 of this 

paragraph as applicable for each emissions unit, equals or exceeds the significant amount for that pollutant. 

(b) Prior to beginning actual construction and after completing the applicable procedure established in paragraph (a) of the subsection, the 

owner or operator shall determine for each regulated NSR pollutant if a significant net emissions increase will occur pursuant to 401 KAR 

51 :001, Section 1 (144) and (218). 

(5) For a plant-wide applicability limit (PAL) for a regulated NSR pollutant at a major stationary source, the owner or operator of the major 

stationary source shall comply with the applicable requirements of Section 20 of this administrative regulation. 

Section 2. Ambient Air Increments. 

concentration shall be limited to I 

II 

, annual arithmetic mean 

http://www.lrc.ky.gov/kar/40 1105110 17reg.htm 

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12/10/2012 
401 KAR 51:017. Prevention of significant deterioration of air quality. 

3-hour maximum 

Nitro en Dioxide: 

512 

Annual arithmetic mean 25 

Page 2 of 13 

(2) For any period other than an annual period. the applicable maximum allowable increase may be exceeded during one (1) such period 

per year at any one (1) location. 

Section 3. Ambient Air Ceilings. The concentration of a regulated NSR pollutant shall not exceed the concentration allowed under the 

national secondary ambient air quality standard or under ihe national primary ambient air quality standard, whichever concentration is lower 

for the pollutant for a period of exposure. 

Section 4. Restrictions on Area Classifications_ (1) The following areas, which were in existence on August 7, 1977, shall be Class I areas 

and shall not be redesignated: 

{a) International parks: 

(b) National wilderness areas and national memorial parks that exceed 5,000 acres in size: and 

{c) National par1<s that exceed 6,000 acres in size. 

(2) Any other area, unless otherwise specified in the legislation creating the area, shall be designated Class II but may be redesignated as 

provided in 40 C.F.R. 51.166(g). 

(3) The visibility protection requirements of this administrative regulation shall apply only to sources that may impact a mandatory Class I 

federal area. · 

(4) The following areas may be redesignated only as Class I or II: 

(a) An area that as of August 7, 1977, exceeded 10,000 acres in size and was a national monument, a national primitive area, a national 

preserve, a national recreational area, a national wild and scenic river, a national wildlife refuge, a national lakeshore or seashore; and 

{b) A national part< or national wilderness area established after August 7, 1977, which exceeds 10,000 acres in size. 

Section 5. Exclusions from Increment Consumption. {1) Pursuant to notice and opportunity for at least one (1) public hearing to be held in 

accordance with procedures established in 401 KAR 52:100, the cabinet may exclude the following concentrations in determining compliance 

with a maximum allowable increase: 

(a) Concentrations attributable to the increase in emissions from stationary sources that have converted from the use of petroleum 

products, natural gas, or both by reason of an order in effect under a federal statute or regulation over the emissions from these sources 

before the effective date of the order; 

(b) Concentrations attributable to the increase in emissions from sources that have converted from using natural gas by reason of a natural 

gas curtailment plan in effect pursuant to a federal statute over the emissions from those sources before the effective date of the plan; 

(c) Concentrations of particulate matter attributable to the increase in emissions from construction or other temporary emission-related 

activities of new or modified sources; and 

(d) Concentrations attributable to the temporary increase in emissions of sulfur dioxide, particulate matter, or nitrogen oxides from 

stationary sources affected by plan revisions approved by the Administrator of the U.S. EPA as meeting the criteria established in subsection 

(3) of this section. 

(2)(a) Exclusion of concentrations shall not apply more than five (5) years after the effective date of the order to which subsection (1)(a) of 

this section refers or the curtailment plan to which subsection (1 )(b) of this section refers, whichever is applicable. 

(b) If both an order and curtailment plan are applicable, an exclusion shall not apply more than five (5} years after the later of the two (2} 

effective dates. 

(3} For excluding concentrations pursuant to subsection (1}(d) of this section: 

{a) The time period over which the temporary emissions increase of sulfur dioxide, particulate matter, or nitrogen oxides would occur shall 

be specified and shall not exceed two (2} years in duration unless a longer time is approved by the U.S. EPA: 

(b) The time period for excluding certain contributions in accordance with paragraph (a} of this subsection shall not be renewable; 

(c) An emissions increase from a stationary source shall not occur that will: 

1. Impact a Class I area or an area in which an applicable increment is known to be violated; or 

2. Cause or contribute to the violation of a national ambient air quality standard; and 

(d) Limitations shall be in effect at the end of the time period established in paragraph (a) of this subsection, whicl1 ensure that the 

emissions levels from stationary sources affected by the SIP revision shall not exceed the levels occurring from those sources before the 

revision was approved. 

Section 6. Stack Heights. {1) The degree of emissions limitation required for control of an air pollutant under this administrative regulation 

shall not be affected by: 

(a) So much of the stack height of a source as exceeds good engineering practice; or 

(b) Another dispersion tecl1nique. 

(2) Subsection (1) of this section shall not apply to stack heights in existence before December 31, 1970, or to dispersion techniques 

implemented before·then. 

Section 7. Exemptions. (1) Sections 8 to16 of this administrative regulation shall not apply to a particular major stationary source or major 

modification, if: 

(a} The owner or operator: 

1 Obtained the necessary federal, state, and local preconstruction approval effective before September 22, 1982; 

2. Commenced construction before September 22, 1982; and 

3. Did not discontinue construction for a period of eighteen (18) months or more. 

(b)1. The major stationary source is a nonprofit health institution, a nonprofit educational institution, or a major modification at such an 

institution; and 

2. The Governor of the Commonwealth of Kentucky requests that it be exempt from those requirements. 

(c) The source or modification is a major stationary source or major modification only if fugitive emissions, to the extent quantifiable, are 

considered in calculating the potential to emit of the stationary source or modification and the source does not belong to any of the following 

categories: 

1. Coal cleaning plants with thermal dryers; 

2. Kraft pulp mills: 

3. Portland cement plants; 

4_ Primary zinc smelters; 

5. Iron and steel mills; 

http://www.lrc.ky .gov/kar/40 1/051/0 17reg.htm 12110/2012 
401 KAR 51 :017. Prevention of significant deterioration of air quality. Page 3 of 13 

6. Primary aluminum ore reduction plants; 

7. Primary copper smelters; 

8. Municipal incinerators capable of charging more than 250 tons of refuse per day; 

9. Hydrofluoric, sulfuric, or nitric acid plants; 

10. Petroleum refineries; 

11. Lime plants; 

12. Phosphate rock processing plants; 

13. Coke oven batteries; 

14. Sulfur recovery plants; 

15. Cartlon black plants, furnace process; 

16. Primary lead smelters; 

17. Fuel conversion plants; 

18. Sintering plants; 

19. Secondary metal production plants; 

20. Chemical process plants, except ethanol production facilities producing ethanol by natural fermentation under the North American 

Industry Classification System (NAICS} codes 325193 or 312140; 

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

22. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; 

23. Taconite ore processing plants; 

24. Glass fiber processing plants; 

25. Charcoal production plants; 

26. Fossil fuel-fired steam electric plants of more than 250 mHI'Ion BTUs per hour heat input; or 

27. Another stationary source category that, as of August 7, 1980, is being regulated under 42 U.S.C. 7411 or 7412. 

(d) The source or modification is a portable stationary source that has previously received a permit under this administrative regulation; 

"' 1 The owner or operator proposes to relocate the source, and the emissions of the source at the new location will be temporary; 

2. The emissions from the source will not exceed its allowable emissions; 

3. The emissions from the source will not impact a Class I area or an area where an applicable increment is known to be violated; and 

4.a. Reasonable notice is given to the cabinet prior to the relocation identifying the proposed new location and the probable duration of 

operation at the new location. 

b. Notice shall be given to the cabinet not less than ten (1 0} days in advance of the proposed relocation unless a different time duration is 

previously approved by the cabinet pursuant to this subsection. 

(e) The source or modification was not subject to this administrative regulation with respect to particulate matter requirements in effect 

before July 31, 1987, and the owner or operator: 

1 Obtained all final federal, state, and local preconstruction approvals or permits necessary under the applicable SIP before July 31, 1987; 

2. Commenced construction within eighteen {18) months after July 31, 1987; and 

3. Did not discontinue construction for a period of eighteen (18) months or more and completed construction within a reasonable period of 

time. 

{f)1 The source or modification was subject to this administrative regulation for particulate matter requirements in effect before July 31, 

1987, and the owner or operator submitted an application for a permit under the applicable permit program before that date; and 

2. The cabinet subsequently determined that the application as submitted was complete with respect to the particulate matter requirements 

then in effect. 

(2) Sections 8 to 16 of this administrative regulation shall not apply to a major stationary source or major modification for a particular 

pollutant if the owner or operator demonstrates that, for that pollutant, the source or modification is located in an area designated as 

nonattainment pursuant to 42 U.S.C. 7407(d)(1)(A)(i). 

{3) Sections 9,11, and 13 of this administrative regulation shall not apply to a proposed major stationary source or major modification for a 

particular pollutant, if the allowable emissions of that pollutant from the source, or the net emissions increase of that pollutant from a 

modification: 

(a) Will not impact a Class I area or an area where an applicable increment is known to be violated; and 

(b) Will be temporary. 

{4) Sections g, 11, and 13 of this administrative regulation, as applicable to a maximum allowable increase for a Class II area, shall not 

apply to a major modification at a source that in existence on March 1, 1978, if the net increase in allowable emissions of each 

regulated NSR pollutant from the i of BACT will be less than fifty (50) tons per year. 

(5) The cabinet source or major modification from the monitoring requirements of Section 11 of 

this administrative 

(a) The emissions increase of the pollutant from the modification will 

~~~~~~trollu,;.iog table; or 

to 

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401 KAR 51:017. Prevention of significant deterioration of air quality. Page 4 of 13 

Lead 0.1 1Jg/m3 3-month average 

Fluorides 0.251Jg/m3 24-hour average 

Hydrogen sulfide 0.2 1Jg/m3 1-hour average 

Total reduced sulfur 10 1Jg/m3 1-hour average 

Reduced sulfur 10 1Jg/m3 1-hour average 

comoounds 

(b) The concentrations of the pollutant In the area that the source or modification will affect are less than the concentrations listed in the 

table in paragraph (a) of this subsection, or the pollutant is not listed in the table. 

(6} Permitting requirements equivalent to Section 9(2) of this administrative regulation shall not apply to a stationary source or modification 

for a maximum allowable increase for nitrogen oxides, if: 

(a) The owner or operator of the source or modification submitted an application for a permit or permit revision under the applicable permit 

program -before the date on which the provisions er'nbodying the maximum allowable increase took effect in the Kentucky SIP; and 

(b) The cabinet subsequently determined that the application as submitted before that date was complete. 

(7) Permitting requirements equivalent to Section 10(2) of this administrative regulation shall not apply to a stationary source or 

modification for a maximum allowable increase for PM10, if: 

(a) The owner or operator of the source or modification submitted an application for a permit under the applicable permit program before 

the provisions embodying the maximum allowable increases for PM10 took effect as part of Kentucky's SIP; and 

(b) The cabinet subsequently determined that the application as submitted before that date was complete. 

(8)(a) The cabinet may determine that the requirements for air quality monitoring of PM 10 in Section 11 of this administrative regulation 

shall not apply to a particular source or modification, if: 

1. The owner or operator of the source or modification submitted an application for a permit under this section on or before June 1, 1988; 

"' 2. The cabinet subsequently determines that the application as submitted before that date was complete, except for the requirements for 

monitoring particulate matter specified in Section 11 of this administrative regulation. 

(b) The requirements for air quality monitoring of PM 10 in Section 11 of this administrative regulation shall apply to a particular source or 

modification if the owner or operator of the source or modification submitted an application for a permit under 40 C.F.R 52.21 or this 

administrative regulation after June 1, 1988, and not later than December 1, 1988. 

1 The data shall have been gathered over at least the period from February 1, 1988, to the date the application becomes complete in 

accordance with Section 11 of this administrative regulation; and 

2. If the cabinet determines that a complete and adequate analysis can be accomplished with monitoring data over a shorter period, which 

may not to be less than four (4) months, the data that Section 11 of this administrative regulation requires shall have been· gathered over that 

shorter period. 

(9) If the owner or operator of the source or modification submitted an application for a permit under 40 C.F.R 52.21 or this administrative 

regulation before the date the provisions embodying the maximum allowable increases for PM10 took effect and the cabinet subsequently 

determined that the application as submitted before that date was complete, the requirements of Section 9(2) of this administrative regulation 

shall: 

(a) Not apply to a stationary source or modification for a maximum allowable increase for PM10; and 

(b) Apply for the maximum allowable increases for TSP as in effect on the day the application was submitted. 

Section 8. Control Technology Review. (1) A major stationary source or major modification shall meet each applicable emissions limitation 

under the Kentucky SIP and each applicable emissions standard and standard of performance pursuant to 40 C.F.R. Parts 60 and 61. 

(2) A new major stationary source shall apply BACT for each regulated NSR pollutant for which the source has the potential to emit in 

significant amounts. 

(3) A major modification shall apply BACT: 

(a) For each regulated NSR pollutant that results in a significant net emissions increase at the source; and 

(b) For each proposed emissions unit at which a net emissions increase in the pollutant occurs as a result of a physical change or change 

in the method of operation of the unit. 

(4) For phased construction projects: 

(a} The cabinet shall review and modify, as appropriate, the BACT determination at the latest reasonable time occurring not later than 

eighteen (18} months prior to commencement of construction of each independent phase of the project; and 

(b) If requested by the cabinet, the owner or operator of the applicable stationary source shall demonstrate the adequacy of a previous 

BACT determination for the source. 

Section 9. Source Impact Analysis. ill.. The owner or operator of the proposed source or modification shall demonstrate that allowable 

emissions increases from the proposed source or modification, in conjunction with all other applicable emissions increases or reductions, 

including secondary emissions, shall not cause or contribute to air pollution in violation of: 

(gl[ffl] A national ambient air quality standard in an air quality control region; or 

(Ql[ffl] An applicable maximum allowable increase over the baseline concentration in any area. 

II 

0.07 ug/~ 

Section 10. Air Quality Models. (1} Estimates of ambient concentrations shall be based on the applicable air quality models, databases, 

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and other requirements specified in 40 C.F.R Part 51, Appendix W, "Guideline on Air Quality Models" Appendix A. 

(2) If an air quality model specified in 40 C.F.R Part 51, Appendix W, is inappropriate, the model may be modified or another model 

substituted. 

(a) The use of a modified or substitute model shall be: 

1 Subject to notice and opportunity for public comment under 401 KAR 52:100; and 

2. Approved in writing by the U.S. EPA pursuant to 40 C.F.R. 51.166{1). 

(b) Methods similar to those outlined in the 'Workbook for the Comparison of Air Quality Models," specified in 401 KAR 50:040, Section 1 

(3), shall be used to determine the comparability of air quality models. 

Section 11 Air Quality Analysis. (1) Preapplication analysis. 

(a) An application for a permit or permit revision under 401 KAR 52:020 and this administrative regulation shall contain an analysis of 

ambient air quality in the area that the major stationary source or major modification will affect for each of the following: 

1. For a source, each pollutant that the source will have the potential to emit in a significant amount; 

2. For a modification, each pollutant that the modification will result in a significant net emissions increase. 

{b) For a pollutant that does not have a national ambient air quality standard, the analysis shall contain air quality monitoring data the 

cabinet detei"mines necessary to assess ambient air quality for that pollutant in an area that the emissions of that pollutant will affect. 

(c) For pollutants, other than nonmethane hydrocarbons, for which a standard exists, the analysis shall contain continuous air quality 

monitoring data gathered to determine if emissions of that pollutant will cause or contribute to a violation of the standard or a maximum 

allowable increase. 

(d)1. The required continuous air quality monitoring data shall have been gathered over a period of at least one (1) year and shall 

represent at least the year preceding receipt of the application. 

2. If the cabinet determines that a complete and adequate analysis may be accomplished with monitoring data gathered over a period 

shorter than one (1) year, that period shall be not less than four (4) months. 

(e) For analysis of volatile organic compounds, the owner or operator of a proposed major stationary source or major modification who 

satisfies all conditions of 40 C.F.R. Part 51, Appendix S, section IV may provide postapproval monitoring data for ozone instead of providing 

preconstruction data as required in this section. 

(f) For air quality monitoring of PM10 under Section 7(8)(a) and (b) of this administrative regulation, the owner or operator of the source or 

major modification shall use a monitoring method approved by the cabinet pursuant to 40 C.F.R. Part 53 and shall estimate the ambient 

concentrations of PM10 using the data collected by that approved monitoring method in accordance with estimating procedures approved by 

the cabinet pursuant to 40 C.F.R. Part 58, Appendix A. 

(2) Postconstruction monitoring. After construction of a major stationary source or major modification, the owner or operator shall conduct 

ambient monitoring that the cabinet determines is necessary to determine the effect emissions from the stationary source or modification may 

have, or are having, on air quality in an area. 

(3) Operation of monitoring stations. During the operation of air quality monitoring stations, the owner or operator of a major stationary 

source or major modification shall meet the requirements of 40 C.F.R Part 58, Appendix A to satisfy the air quality analysis requirements of 

this section. 

Section 12. Source Information. The owner or operator of a proposed source or modification shall submit to the cabinet all information 

necessary to perform an analysis or make a determination required under this administrative regulation. (1) The information shall include: 

(a) A description of the nature, location, design capacity, and typical operating schedule of the source or modification, including 

specifications and drawings showing its design and plant layout; 

(b) A detailed schedule for construction of the source or modification; and 

(c) A detailed description of the system of continuous emissions reduction planned for the source or modification, emissions estimates, 

and any information necessary to determine that BACT will be applied. 

(2) Upon request of the cabinet, the owner or operator shall also provide information on: 

(a) The air quality impact of the source or modification, including meteorological and topographical data necessary to estimate the impact; 

'"' (b) The air quality impacts and the nature and extent of general commercial, residential, industrial, and other growth that has occurred 

since August 7, 1977, in the area the source or modification will affect. 

Section 13. Additional Impact Analysis. (1) The owner or operator shall provide an analysis of the impairment to visibility, soils, and 

vegetation that will occur as a result of: 

(a) The source or modification; and 

(b) General commercial, residential, industrial, and other growth associated with the source or modification. 

(2) The owner or operator shall not be required to provide an analysis of the impact on vegetation not having significant commercial or 

recreational value. 

(3) The owner or operator shall provide an analysis of the air quality impact projected for the area as a result of general commercial, 

residential, industrial, and other growth associated with the source or modification. 

(4) Visibility monitoring. 

(a) If the cabinet requires monitoring of visibility in a Class I area impacted by the proposed new stationary source or major modification, 

the monitoring shall be performed using: 

1. Human observations; 

2. Teleradiometers; 

3. Photographic cameras: 

4. Nephelometers; 

5. Fine particulate monitors; or 

6. Other U.S. EPA-approved methods. 

(b) The method selected shall be determined on a case-by-case basis by the cabinet pursuant to 40 C.F.R. 51.166. 

(c) Visibility monitoring required by the cabinet in a Class I area shall be approved by the federal land manager. 

(d) Data obtained from visibility monitoring shall be made available to the cabinet, the U.S. EPA, and the federal land manager, upon 

request. 

Section 14. Sources Impacting Class I Areas: Additional Requirements. (1) Notice to U.S. EPA and federal land managers. The cabinet 

shall provide; 

(a) Written notice to the U.S. EPA, the federal land manager, and the federal official charged with direct responsibility for management of 

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lands within a Class I area of a permit application for a proposed major stationary source or major modification that may affect the Class I 

area. 

(b) Notice promptly after receiving the permit application. The notice shall: 

1 Include a copy of all information relevant to the permit application; 

2. Be given within thirty (30) days of receipt and at least sixty (60} days prior to the public hearing on the application for a permit to 

construct; and 

3. Include an analysis of the proposed source's anticipated impacts on visibility in the Class I area. 

(c) The cabinet shall also provide the federal land manager and other federal officials with a copy of the preliminary determination and 

shall make available to them the materials used in making that determination, promptly after the cabinet makes it. The cabinet shall also notify 

all affected federal land managers within thirty (30) days of receipt of an advanced notification of the permit application. 

(2) Federal land manager. The federal land manager and the federal official charged with direct responsibility for management of lands 

located in a Class 1 area shall have an affirmative responsibility to protect visibility and other air quality related values of the lands and to 

consider, in consultation with the cabinet, if a proposed source or modification will have an adverse impact on those values. 

(3) Visibility analysis. 

(a) The cabinet shall consider an analysis performed by the federal land manager, which is provided within thirty (30) days of the notice 

and analysis required by subsection (1) of this section, which shows that a proposed new major stationary source or major modification may 

have an adverse impact on visibility in a Class I area. 

(b) If the cabinet finds the analysis does not demonstrate to the cabinet's satisfaction that an adverse impact on visibility will result in the 

Class l area, the cabinet shall, in the public notice required in 401 KAR 52:100, either explain that decision or give notice as to where the 

explanation may be obtained. 

(4) Denial; impact on air quality related values. 

(a} The federal land manager of lands located in a Class I area may demonstrate to the cabinet that the emissions from a proposed source 

or modification will have an adverse impact on the visibility and other air quality related values of those lands, even though the change in air 

quality resulting from emissions from the proposed source or modification will not cause or contribute to concentrations that will exceed the 

maximum allowable increases for a Class I area. 

(b) If the cabinet concurs with the demonstration specified in paragraph (a) of this subsection, the cabinet shall not issue the permit or 

permit revision. ~· 

(5) Class I variances. 

(a) The owner or operator of a proposed source or modification may demonstrate to the federal land manager that the emissions from the 

source or modification will not have adverse impact on the visibility or other air quality related values of lands located in a Class I area. even 

though the change in air quality resulting from emissions from the source or modification will cause or contribute to concentrations that will 

exceed the maximum allowable increases for a Class I area as specified in Section 2(1} of this administrative regulation. 

(b) If limitations are necessary, the cabinet may issue the permit or permit revision with emissions limitations necessary to assure that 

emissions of sulfur dioxide, PM~lQ [j:!eFtie<Jiete metter], and nitrogen oxides will not exceed the maximum allowable increases over minor 

source baseline concentration for the pollutants as specified in 40 C.F.R 51.166ipl(4) as published on July 1. 2012. [Seei:ioli i'(1) of tllis 

edn•inistr!Hioe regt~IMion] if: 

1. The federal land manager concurs with the demonstration specified in paragraph (a) of this subsection and certifies accordingly; and 

2. The other applicable requirements of this administrative regulation are met. 

(6) Sulfur dioxide variance by governor with federal land manager's concurrence. 

(a) The owner or operator of a proposed source or modification, which cannot be approved under subsection (5) of this section because 

the source cannot be constructed without exceeding a maximum allowable increase in sulfur dioxide applicable to a Class I area for a period 

of twenty-four (24} hours or less, may demonstrate to the Governor of the Commonwealth of Kentucky that a variance will not adversely affect 

the visibility or other air quality related values of the area. 

(b) The governor, after consideration of the federal land manager's recommendation, if applicable, and subject to the federal land 

manager's concurrence, may, after notice and public hearing, grant a variance from the maximum allowable increase. 

(c) If a variance is granted, the cabinet shall issue a permit or permit revision to the source or modification under the requirements of 401 

KAR Chapter 52 if the other applicable requirements of this administrative regulation are met. 

(7) Variance by the governor with the President's concurrence. 

(a) If the Governor of the Commonwealth of Kentucky recommends a variance in which the federal land manager does not concur, the 

recommendations of the governor and the federal land manager shall be transmitted to the President of the United States of America. 

(b) If the variance is approved by the President, the cabinet shall issue a permit or permit revision in accordance with the requirements of 

401 KAR Chapter 52, if the other applicable requirements of this administrative regulation are met. 

(8) Emissions limitations for presidential or gubernatorial variance. For a permit or permit revision issued pursuant to subsections (6) or (7} 

of this section, the source or modification shall comply with the emissions limitations necessary to assure that: 

(a) Emissions of sulfur dioxide from the source or modffication shall not, during a day on which the other applicable maximum allowable 

i to concentrations that will exceed the maximum allowable increases over the baseline 

cause or 

exposure of twenty-four (24) hours or less for more than a 

period. 

applicable maximum allowable increases for periods of 

that are not necessarily consecutive during an annual 

Section 15. Public Participation. The cabinet shall follow the applicable procedures of 401 KAR 52:100, 40 C.F.R. 5U66(q}, and this 

administrative regulation in processing applications under this administrative regulation. 

Section 16. Source Obligation. (1) An owner or operator of a source or modification subject to this administrative regulation who begins 

actual construction after September 22, 1982, shall construct and operate the source or modification in accordance with the application 

submitted to the cabinet under this administrative regulation and 401 KAR 52:020 or under the terms of an approval to construct. 

(2)(a) Approval to construct shall become invalid if construction: 

1. Is not commenced within eighteen (18) months after receipt of the approval; 

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2. Is discontinued for a period of eighteen (18) months or more; or 

3. Is not completed within a reasonable time. 

(b) The cabinet may extend the eighteen (18) month period upon a satisfactory demonstration that an extension is justif!ed. 

1. An extension shall not apply to the time period between construction of the approved phases of a phased construction project; and 

2. Each phase shall commence construction within eighteen (18} months of the projected and approved commencement date. 

(3) Approval to construct shall not relieve an owner or operator of the responsibility to comply fully with 401 KAR Chapters 50 to 68 and 

other requirements of local, state. or federal law. 

(4) If a particular source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in an 

enforceable limitation that was established after August 7, 1980, on the capacity of the source or modification to emit a pollutant, Sections 8 to 

16 of this administrative regulation shall apply to the source or modification as though construction had not yet commenced on the source or 

modification. 

(5)(a) The provisions of this subsection shall apply to projects at existing emissions units at a major stationary source other than projects at 

a source with a PAL, it. 

1. There is a reasonable possibility that a project that is not part of a major modification may result in a significant emissions increase; and 

2. The owner or operator elects to use the method specified in 401 KAR 51 :001, Section 1 (199}(b} to calculate projected actual emissions. 

(b) Before beginning actual construction of a project specified in paragraph (a) of this subsection, the owner or operator shall document 

and maintain a record of the following information: 

1. A description of the project; 

2. Identification of the emissions units for which emissions of a regulated NSR pollutant could be affected by the project; and 

3. A description of the applicability test used to determine that the project is not a major modification for any regulated NSR pollutant, 

including: 

a. Baseline actual emissions; 

b. Projected actual emissions; 

c. Amount of emissions excluded in calculating projected actual emissions and an explanation for why that amount was excluded; and 

d. Any applicable netting calculations. 

(c) For a project specified in paragraph (a) of this subsection, the owner or operator shall: 

1. Monitor the emissions of any regulated NSR pollutant that could increase as a result of the project and that are emitted by any 

emissions unit identified in paragraph (b)2 of this subsection; and 

2. Calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis for: 

a. Five (5) years following resumption of regular operations after the change; or 

b. Ten (10} years following resumption of regular operations after the change if the project increases the design capacity or potential to 

emit of the regulated NSR pollutant at the emissions unit. 

(d) If the emissions unit is an existing EUSGU, before beginning actual construction, the owner or operator: 

1. Shall provide a copy of the information in paragraph (b) of this subsection to the cabinet, but shall not be required to obtain a 

determination from the cabinet before beginning actual construction; and 

2. Shall submit a report to the cabinet within sixty (60) days after the end of each year during which records are required to be generated 

under paragraph (b) of this subsection that reports the unit's annual emissions during the calendar year that preceded submission of the 

report. 

(e)1. For an existing unit other than an EUSGU, the owner or operator shall submit a report to the cabinet if: 

a. The annual emissions, in tons per year, from a project identified in paragraph (a) of this subsection exceeds the baseline actual 

emissions, as documented and maintained pursuant to paragraph (b)3 of this subsection, by a significant amount for that regulated NSR 

pollutant; and 

b. The emissions differ from the preconstruction projection as documented and maintained pursuant to paragraph (b)3 of this subsection. 

2. The report shall be submitted within sixty (60) days after the end of the year during which records are required to be generated under 

paragraph (b) of this subsection and shall contain the following: 

a. The name, address, and telephone number of the major stationary source; 

b. The annual emissions as calculated pursuant to paragraph (c) of this subsection; and 

c. Any other information that the owner or operator wishes to include in the report. 

(f) The owner or operator of the source shall make the information required to be documented and maintained under to this subsection 

available for review upon request for inspection by the cabinet or the general public pursuant to 401 KAR 52:100. 

Section 17. Environmental Impact Statements. If a proposed source or modification is subject to action by a federal agency that may 

necessitate preparation of an environmental impact statement under 42 U.S. C. 4321 to 4370d (the National Environmental Policy Act), review 

by the cabinet conducted in accordance with this administrative regulation shall be coordinated with the broad environmental reviews under 

that Act and under 42 U.S. C. 7609 to the maximum extent feasible and reasonable. 

Section 18. Innovative Control Technology. (1) An owner or operator of a proposed major stationary source or major modification may 

make a written request that the cabinet approve a system of innovative control technology. 

(2) The cabinet may, with the consent of the governors of other affected states, determine that the source or modification may employ a 

system of innovative control technology if: 

(a) The proposed control system will not cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation or 

function: 

(b) The own·er or operator agrees to achieve a level of continuous emissions reduction equivalent to that which would have been required 

under Section 8(2) of this administrative regulation by a date, specified by the cabinet that is not later than four (4) years from the time of startup or seven (7) years from permit issuance; 

(c) The source or modification shall meet requirements equivalent to those in Sections 8 and 9 of this administrative regulation based on 

the emissions rate that the stationary source employing the system of innovative control technology shall be required to meet on the date 

specified by the cabinet; 

(d) The source or modification shall not before the date specified by the cabinet: 

1 Cause or contribute to a violation of an applicable national ambient air quality standard;_or 

2. Impact an area in which an applicable increment is known to be violated; 

(e) Section 14 of this administratfve regulation relating to Class I areas has been satisfied for all periods during the life of the source or 

modification; and 

(f) AJI other applicable requirements including those for public participation have been met. 

(3) The cabinet shall withdraw approval to employ a system of innovative control technology if: 

(a} The proposed system fails by the specified date to achieve the required continuous emissions reduction rate; 

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(b) The proposed system fails before the specified date and contributes to an unreasonable risk to public health, welfare, or safety; or 

(c) The cabinet decides that the proposed system is unlikely to achieve the required level of control or to protect the public health, welfare, 

or safety. 

(4) If a source or modification fails to meet the required level of continuous emissions reduction within the specified time period or the 

approval is withdrawn in accordance with subsection (3) of this section, the cabinet may allow the source or modification up to an additional 

three (3) years to meet the requirement for the application of BACT through use of a demonstrated system of control. 

Section 19. Permit Condition Rescission. (1 )(a) An owner or operator holding a permit for a stationary source or modification that contains 

conditions pursuant to 401 KAR 51:015 or 51 :016E may request that the cabinet rescind the applicable conditions. 

{b) An owner or operator of a stationary source or modification who holds a permit for the source or modification that was issued under this 

administrative regulation as in effect on July 30, 1987, or an earlier version of this administrative regulation, may request that the cabinet 

rescind the permit or a particular portion of the permit. 

{2) The cabinet shall rescind a permit condition if requested and if the applicant can demonstrate to the satisfaction of the cabinet that this 

administrative regulation does not apply to the source or modification or to a portion of the source or modification. 

Section 20. Plant-wide Applicability Limit Provisions. The cabinet shall only approve the use of an actuals PAL (PAL) for an existing major 

stationary source if the PAL meets the requirements of this section. 

(1) General provisions. 

(a) An owner or operator may execute a project without triggering major NSR, if the source maintains its total source-wide emissions below 

the PAL level, meets the requirements in this section, and complies with the PAL permit. If these conditions are met, a project: 

1. Shall not be considered a major modification for the PAL pollutant: 

2. Shall not have to be approved through Kentucky's major NSR program; and 

3. Shall not be subject to the provisions of Section 16(4) of this administrative regulation concerning restrictions on relaxing enforceable 

emission limitations that a major stationary source used to avoid applicability of the major NSR program. 

(b) Except as provided under subparagraph (1)(a)3 of this section, a major stationary source shall continue to comply with all applicable 

federal or state requirements, emissions limitations, and work practice requirements that were established prior to the effective date of the 

PAL. 

(2) Permit application requirements. The owner or operator of a major stationary source shall submit the following information to the 

cabinet for approval as part of an application for a permit or permit revision requesting a PAL: 

(a) A list of all emissions units at the source designated as small, significant, or major, based on their potential to emit; 

(b) Identification of the federal and state applicable requirements, emissions limitations, and work practice requirements that apply to each 

emissions unit; 

(c) Calculations of the baseline actual emissions for the emissions units with supporting documentation, including emissions associated 

with startup, shutdown, and malfunction; and 

(d) The calculation procedures the owner or operator proposes to use to convert the monitoring system data to monthly emissions and 

annual emissions based on a twelve (12) month rolling total for each month as required by subsection (12)(a) of this section. 

(3) Establishing a PAL. The-cabinet shall establish a PAL at a major stationary source in a federally enforceable permit pursuant to the 

requirements of this section. 

(a) The PAL shall impose an annual emissions limitation in tons per year that is enforceable as a practical matter for the entire major 

stationary source. 

1. For each month during the PAL effective period after the first twelve (12) months of establishing a PAL, the owner or operator shall 

demonstrate that the sum of the monthly emissions from each emissions unit under the PAL for the previous twelve (12) consecutive months 

is less than the PAL as a twelve (12) month average, rolled monthly; and 

2. For each month during the first eleven {11) months from the PAL effective date, the owner or operator shall demonstrate that the sum of 

the preceding monthly emissions from the PAL effective date for each emissions unit under the PAL is less than the PAL. 

{b) The PAL shall be established in a PAL permit that 

1. Meets the public participation requirements in subsection (4) of this section; and 

2. Contains all the requirements of subsection (6) of this section. 

(c) A PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit or have the potential to emit the PAL 

pollutant at the major stationary source. 

(d) Each PAL shall regulate emissions of only one (1) pollutant. 

(e) Each PAL shall have a PAL effective period of ten (1 0) years. 

(f) The owner or operator of a major stationary source with a PAL shall comply with the monitoring, recordkeeping, and reporting 

requirements of subsections (11) to (13) of this section for each emissions unit under the PAL through the PAL effective period. 

(g) Emissions reductions of a PAL pollutant that occur during the PAL effective period shall not be creditable as decreases for offsets 

under 40 C.F.R. 51.165(a)(3)(ii), unless: 

1. The level of the PAL is reduced by the amount of the emissions reductions; and 

2. The reductions will be creditable in the absence of the PAL. 

(4) Public participation requirements. PALs for existing major stationary sources shall be established, renewed, or increased pursuant to 

this subsection and the applicable procedures of 401 KAR 52:100. The cabinet shall: 

(a) Provide the public with notice of the proposed approval of a PAL permit with at least a thirty (30) day period for submittal of public 

comment; and 

(b) Address all material comments before taking final action on a PAL permit or permit revision. 

(5) Setting the ten (1 0) year PAL level. 

(a) The PAL level for a major stationary source shall be the sum of the baseline actual emissions of the PAL pollutant for each emissions 

unit at the source during the chosen twenty-four (24) month period plus the applicable significant level for the PAL pollutant under the 

definition for "significant" in 401 KAR 51:001, Section 1 or under 42 U.S.C. 7401-7671 q, whichever is lower. 

(b) In establishing a PAL level for a PAL pollutant, only one (1) consecutive twenty-four (24) month period shall be used to determine the 

baseline actual emissions for all existing emissions units. 

(c) A different consecutive twenty-four (24) month period may be used for each different PAL pollutant. 

(d) Emissions associated with units that were permanently shut down after the chosen twenty-four (24) month period shall be subtracted 

from the PAL level. 

(e) Emissions from units for which actual construction began after the twenty-four (24) month period shall be added to the PAL level in an 

amount equal to the potential to emit ofthe units. 

(f) The cabinet shall specify a reduced PAL level in the PAL permit to become effective on the future compliance date of any applicable 

federal or state regulatory requirement that the cabinet is aware of prior to issuance of the PAL permit. 

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401 KAR 51:017. Prevention of significant deterioration of air quality. Page 9 of 13 

(6} Contents of the PAL permit The PAL permit shall contain the following information: 

(a} The PAL pollutant and the applicable source-wide emissions limitation in tons per year; 

(b) The PAL permit effective date and the expiration date of the PAL or PAL effective period; 

(c) Specification in the PAL permit that if a major stationary source owner or operator applies to renew a PAL under subsection (9) of this 

section before the end of the PAL effective period, the PAL shall remain in effect until a revised PAL permit is issued by the cabinet; 

(d) A requirement that emissions calcUlations for compliance purposes include emissions from startups, shutdowns, and malfunctions; 

{e) A requirement that, once the PAL.expires, the major stationary source shall be subject to the requirements of subsection (8} of this 

section; 

(f) The calculation procedures that the major stationary source owner or operator shall use to convert the monitoring system data to 

monthly em1ssions and annual emissions based on a twelve (12) month rolling total for each month as required by subsection (12)(a) of this 

section; 

(g) A requirement that the major stationary source owner or operator shall monitor all emissions units in accordance with the provisions in 

subsection (12} of this section; 

(h) A requirement that the owner or operator shall retain the records required under subsection (12} of this section on site. Records may be 

retained in an electronic format; 

"' 

(i) A requirement for the owner or operator to submit the reports required under subsection (13) of this section by the required deadlines; 

0} Any requirements necessary to implement and enforce the PAL 

(7) PAL effective period and reopening of a PAL permit. 

(a) A PAL effective period shall be ten (10) years. 

(b) The cabinet shall reopen a PAL permit to: 

1. Correct typographical or calculat"1on errors made in setting the PAL; 

2. Reflect a more accurate determination of emissions used to establish the PAL; 

3. Reduce the PAL if the owner or operator of the major stationary source creates creditable emissions reductions for use as offsets under 

40 C.F.R. 51.165(a)(3)(ii); or 

4. Revise the PAL to reflect an increase in the PAL according to subsection (1 0) of this section. 

(c) The cabinet may reopen the PAL permit, during the PAL effective period, to: 

1. Reduce the PAL to reflect newly applicable federal requirements with compliance dates after the PAL effective date; 

2. Reduce the PAL consistent with any requirement enforceable as a practical matter and imposed on the major stationary source under 

the SIP; and 

3. Reduce the PAL if the cabinet determines that a reduction is necessary to avoid causing or contributing to: 

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

b. An adverse impact on visibility or another air quality related value that has been identified for a federal Class I area by a federal land 

manager and for which information is available to the general public. 

(d) All permit reopenings shall be carried out under the public participation requirements of subsection (4) of this section except for permit 

reopenings to correct typographical or calculation of errors that do not increase the PAL level. 

(8) Expiration of a PAL. A PAL that is not renewed shall expire at the end of the PAL effective period, and the requirements of this 

subsection shall then apply. 

(a) Each emissions unit, or each group of emissions units, that existed under the PAL shall comply with an allowable emissions limitations 

under a revised permit established as follows: 

1. An owner or operator of a major stationary source using a PAL shall submit a proposed allowable emissions limitation for each 

emissions unit, or each group of emissions units, by distributing the PAL allowable emissions for the major stationary source among each of 

the emissions units that existed under the PAL 

a. This proposal shall be submitted to the cabinet at least six (6) months before the expiration of the PAL permit but not sooner than 

eighteen (18) months before permit expiration. 

b. If the PAL has not yet been adjusted for an applicable requirement that became effective during the PAL effective period, as required 

under subsection (9)(e) of this section, distribution of allowable emissions shall be made as if the PAL has been adjusted. 

2. The cabinet shall decJde the date and procedure the owner or operator shall use to distribute the PAL allowable emissions. 

3. The cabinet shall issue a revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as the 

cabinet determines is appropriate. 

(b) Each emissions unit shall comply with the allowable emissions limitation on a twelve (12) month rolling basis. The cabinet may approve 

the use of monitoring systems other than CEMS, GERMS, PEMS, or CPMS if the alternate monitoring system demonstrates compliance with 

the allowable emissions limitation. 

(c) The source shall continue to comply with a source-wide, multiunit emissions cap equivalent to the level of the PAL emissions limitation 

until the cabinet issues the revised permit incorporating allowable limits for each emissions unit or each group of emissions units. 

(d) A major modification at the major stationary source shall be subject to major NSR requirements. 

(e) The major stationary source owner or operator shall continue to comply with any state or federal applicable requirements eliminated by 

the PAL that applied during or before the PAL effective period, except for those emissions limitations established pursuant to Section 16(4) of 

this administrative regulation. 

(9) Renewal of a PAL 

(a} Public participation requirements. 

1 The cabinet shall follow the public participation procedures specified in subsection (4) of this section in approving a request to renew a 

PAL for a major stationary source. 

2. The cabinet shall provide a written rationale for the proposed PAL level for public review and comment. 

3. Any person may propose a PAL level for the source for consideration by the cabinet during the public review period. 

(b) Application deadline. 

1. A major stationary source owner or operator shall submit an application for renewal of a PAL at least six (6) months before the date of 

permit expiration but not eariier than eighteen (18) months before permit expiration. 

2. The deadline for application submittal shall ensure that the permit shall not expire before the permit is renewed. 

3. If a complete application for renewal is submitted within the timeframe specified in subparagraph 1 of this paragraph, the PAL shall 

continue to be effective until the revised permit with the renewed PAL is issued. 

(c) Application requirements. The application to renew a PAL permit shall contain: 

1. The information required in subsection (2) of this section; 

2. A proposed PAL level; 

3. The sum of the potential to emit of all emissions units under the PAL with supporting documentation; and 

4. Any other information the owner or operator wishes the cabinet to consider in determining the appropriate level to renew the PAL. 

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401 KAR 51 :017. Prevention of significant deterioration of air quality. Page 10 ofl3 

(d) PAL adjustment. 

1. A PAL shall not exceed the source's potential to emit. The cabinet shall adjust the PAL downward if a source's potential to emil has 

declined below the PAL leveL 

2. The cabinet may renew the PAL at the same level as the current PAL if the sum of the baseline actual emissions for all emissions units 

at the source plus an amount equal to the significant level is equal to or greater than eighty (80) percent of the current PAL level, unless the 

sum is greater than the source's potential to emit. 

3. If the sum of the baseline actual emissions for all emissions units at the source plus an amount equal to the significant level is less than 

eighty (80) percent of the current PAL level, the cabinet may set the PAL at a different level if the level is determined to be: 

a. More representative of the source's baseline actual emissions; or 

b. Appropriate considering the following factors: 

(i) Air quality needs; 

(ii) Advances in control technology; 

(iii) Anticipated economic growth in the area of the source; 

(iv) The cabiriet's goal of promoting voluntary emissions reductions; 

(v) Cost effective emissions control alternatives; and 

(vi) Other factors as specifically identified by the cabinet in its written rationale for setting the PAL leveL 

4. The cabinet shall not approve a renewed PAL level higher than the current PAL, unless the major stationary source has complied with 

the provisions of subsection (1 0) of this section. 

(e) The PAL shall be adjusted in conjunction with PAL permit renewal or Title V permit renewal, whichever comes first, if: 

1. The compliance dale for a state or federal applicable requirement that applies to the PAL source occurs during the PAL effective period; 

"' 2. The cabinet has not already adjusted for the requirement. 

(10) Increasing a PAL during the PAL effective period. The cabinet may increase a PAL emissions limitation during the PAL effective 

period if the major stationary source complies with the provisions of this subsection. 

(a) Application procedures. To request an increase in the PAL limit for a PAL major modification, the owner or operator of the major 

stationary source shall submit a complete application, which shall include: 

1. Identification of the emissions units contributing to the increase in emissions that cause the source's emissions to equal or exceed its 

PAL; 

2. Demonstration that the increased PAL, as calculated in paragraph (c) of this subsection, exceeds the PAL; and 

a. The level of control that results from BACT eqUivalent controls on each significant or major emissions unit shall be determined by 

conducting a new BACT analysis with the application submittal, unless the emissions unit is currently required to comply with a BACT or LAER 

requirement that was established within the preceding ten (1 0) years; 

b. If an emissions unit currently complies with BACT or LAER, the assumed control level for that emissions unit shall be equal to the 

current level of BACT or LAER for that emissions unit; and 

3. A statement that the increased PAL level shall be effective on the day any emissions unit that is part of the PAL major modification 

becomes operational and begins to emil the PAL pollutant. 

{b) NSR permit and compliance requirement. The owner or operator shall obtain a major NSR permit for all emissions units contributing to 

the increase in emissions for the PAL major modification. 

1 A significant level shall not apply in deciding for which emissions units a major NSR permit shall be obtained; and 

2. Emissions units that obtain a major NSR permit shall comply with any emissions requirements resulting from the major NSR process, 

even though the units shall also becom~ subject to the PAL or shall continue to be subject to the PAL. 

(c) Calculation of increased PAL. The cabinet shall calculate the new PAL as the sum of the allowable emissions for each modified or new 

emissions unit, plus the sum of the baseline actual emissions of the significant and major emissions units assuming application of BACT 

equivalent controls, plus the sum of the baseline actual emissions of the small emissions units. 

(d) Public notice requirement. The public notice requirements of subsection (4) of this section shall be followed during PAL permit revision 

for an increased PAL level. 

(11) Monitoring requirements for PALs. 

(a) General requirements. 

1. Each PAl permit shall contain enforceable requirements for the chosen monitoring system that accurately determines plant-wide 

emissions of the PAl pollutant in terms of mass per unit of time: 

2. A monitoring system authorized for use in the PAL permit shall be: 

a. Approved by the cabinet pursuant to this subsection; and 

b. Based on sound science and meet generally acceptable scientific procedures for data quality and manipulation; 

3. The data generated by a monitoring system shall meet minimum legal requirements for admissibility in a judicial proceeding to enforce 

the PAL permit; 

4. The PAl monitoring system shall employ one (1) or more of the four {4) general monitoring approaches meeting the minimum 

requirements set forth in paragraph (b) of this subsection; 

5. The cabinet may approve an alternative monitoring approach that meets the requirements of subparagraphs 1 to 3 of this paragraph; 

'"' 6. Failure to use a monitoring system that meets the requirements of this section shall render the PAL invalid. 

(b) Minimum performance requirements for approved monitoring approaches. If conducted in accordance with the minimum requirements 

in paragraphs (c) to (i) of this subsection, the following shall be acceptable monitoring approaches: 

1. Mass balance calculations for activities using coatings or solvents; 

2. CEMS; 

3. CPMS or PEMS; and 

4. Emission factors. 

(c) Mass balance calculations. An owner or operator using mass balance calculations to monitor PAL pollutant emissions from activities 

using coatings or solvents shall: 

1. Provide a demonstrated means of validating the published content of the PAL pollutant contained in or created by all materials used in 

or at the emissions unit; 

2. If the PAl pollutant cannot be accounted for in the process, assume that the emissions unit emits all of the PAL pollutant contained in or 

created by any raw material or fuel used in or at the emissions unit; and 

3. If the vendor of the material or fuel from which the pollutant originates publishes a range, use the highest value of the published range of 

pollutant content to calculate the PAL pollutant emissions, unless the cabinet determines there is site-specific data or a site-specific monitoring 

program to support another pollutant content within the range. 

(d) CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions shall meet the following requirements: 

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401 KAR 51 :017. Prevention of significant deterioration of air quality. Page II ofl3 

1 CEMS shall comply with applicable performance specifications found in 40 C.F.R. Part 60, Appendix B; and 

2. CEMS shall sample, analyze, and record data at least every fifteen (15) minutes while the emissions unit is operating. 

(e) CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the following 

requirements: 

1. The CPMS or the PEMS shall be based on current site-specific data demonstrating a correlation between the monitored parameter and 

the PAL pollutant emissions across the range of operation of the emissions unit; and 

2. While the unit is operating, each CPMS or PEMS shall sample, analyze, and record data at least every frfteen (15} minutes, or at 

another less frequent interval if approved by the cabinet. 

(f) Emission factors. An owner or operator using emission factors to monitor PAL pollutant emissions shall meet the following 

requirements: 

1. All emission factors shall be adjusted, if appropriate, to account for the degree of uncertainty or limitations in the factors' development; 

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

3. The owner or operator of a significant emissions unit that relies on an emission factor to calculate PAL pollutant emissions shall conduct 

validation testing to determine a site-specific emission factor within six (6) months of PAL permit issuance if the cabinet determines that the 

testing is required and technically practicable. 

(g) A source owner or operator shall record and report maximum potential emissions without considering enforceable emissions limitations 

or operational restrictions for an emissions unit during any period of time there is no monitoring data, unless another method for determining 

emissions during such periods is specified in the PAl permit. 

(h) If an owner or operator of an emissions unit cannot demonstrate a correlation between the monitored parameters and the PAL pollutant 

emissions rate at all operating points of the emissions unit, as an alternative to the requirements of paragraphs (c) to (g) of this subsection, in 

conjunction with permit issuance the cabinet shall: 

1. Establish default values for determining compliance with the PAL based on the highest potential emissions reasonably estimated at 

operating points; or 

2. Determine that operation of the emissions unit during operating conditions if there is not a correlation between monitored parameters 

and the PAL pollutant emissions is a violation of the PAL 

(i) Revalidation. All data used to establish the PAL pollutant shall be revalidated through performance testing or other scientifically valid 

means if approved by the cabinet. Validation testing shall occur at least once every fiVe {5) years after issuance of the PAL 

(12) Recordkeeping requirements. 

(a) The PAL permit shall require an owner or operator to retain a copy of all records necessary to determine compliance with any 

requirement of this section and of the PAL, including a determination of each emissions unit's twelve (12) month rolling total emissions for five 

(5) years from the date of the determination. 

(b) The PAL permit shall require an owner or operator to retain a copy of the following records for the duration of the PAL effective period 

plus five (5) years: 

1. A copy of the PAL permit application and any applications for revisions to the PAL; and 

2. Each annual certification of compliance pursuant to Title V and the data used to certify compliance. 

(13) Reporting and notification requirements. The owner or operator shall submit semiannual monitoring reports and prompt deviation 

reports to the cabinet in accordance w1th 401 KAR 52:020, 52:030, and 52:040 that meet the following requirements: 

(a) Semiannual report. The semiannual report shall be submitted to the cabinet within thirty {30} days of the end of each reporting period 

and shall contain: 

1. The identification of owner and operator and the permit number; 

2. Total annual emissions, in tpy, based on a twelve (12) month rolling total for each month in the reporting period recorded pursuant to 

subsection (12)(a) of this section; 

3. All data used in calculating the monthly and annual PAL pollutant emissions, including any quality assurance or quality control data; 

4. A list of any emissions units modified or added to the major stationary source during the preceding six (6} month period; 

5. The number, duration, and cause of any deviations or monitoring malfunctions, other than the time associated with zero and span 

calibration checks, and any corrective action following a deviation; 

6. A notification of permanent or temporary shutdown of any monitoring system including: 

a. The reason for the shutdown; 

b. The anticipated date that the monitoring system shall be fully operational or shall be replaced with another monitoring system; 

c. If applicable, a statement that the emissions unit monitored by the monitoring system continued to operate without the monitoring 

system; and 

d. The calculation of the emissions of the pollutant or the number determined according to subsection (11)(g) of thfs section that is 

included in the permft; and 

7. A signed statement by the responsible official, as defined by 401 KAR 51:001, Section 1(210), certifying the truth, accuracy, and 

completeness of the information provided in the semiannual report. 

(b) Deviation report. The major stationary source owner or operator shall submit reports of any deviation or exceedance of the PAL 

requirements, including periods monitoring is unavailable. 

1. A report submitted pursuant to 40 C.F.R. 70.6(a)(3)(iii)(B) shall satisfy the deviation reporting requirement; 

2. The deviation report shall be submitted within the time lim1ts prescnbed by 40 C.FR 70.6(a)(3)(iii)(B); 

3. The deviation report shall contain the following information: 

a. The identification of the owner, the operator, and the permit number; 

b. The PAL requirement that experienced the deviation or that was exceeded; 

c. Emissions resulting from the deviation or the exceedance; and 

d. A signed statement by the responsible official, as defined by 401 KAR 51 :001, Section 1 (21 0), certifying the truth, accuracy, and 

completeness of the information provided in the report. 

(c) Revalidation results_ The owner or operator shall submit to the cabinet the results of any revalidation test or method within three (3) 

months after completion of the test or method. 

(14) Transition requirements. 

(a) After the U.S. EPA approves the Kentucky SIP revisions for the PAL provisions published in 67 Fed. Reg. 80186, December 31, 2002, 

the cabinet shall only issue a PAL that complies with the requirements of this section. 

(b) The cabinet may supersede a PAL that was established before August 10, 2006, with a different PAL if the new PAL complies with the 

requirements of this administrative regulation. 

LEONARD K. PETERS, Secretary 

APPROVED BY AGENCY: September 11, 2012 

FILED WITH LRC: September 12, 2012 at 11 a.m. 

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401 KAR 51 :01 7. Prevention of significant deterioration of air quality. Page 12 of 13 

CONTACT PERSON: Laura Lund, Environmental Technologist Ill, Division for Air Quality, 1st Floor, 200 Fair Oaks Lane, Frankfort, 

Kentucky 40601, phone (502) 564-3999, ext 4428, fax (502} 564-4666, and email Laura.Lund@ky.gov. 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT 

Contact person: Laura Lund, Environmental Technologist Ill 

{1} Provide a brief summary of: 

(a} What this administrative regulation does: This administrative regulation provides for the prevent'ton of significant deterioration (PSD} of 

ambient air quality, and applies to major stationary sources and major modifications constructing in areas that are maintainin"g the National 

Ambient Air Quality Standards (NAAQS). 

(b) The necessity of this administrative regulation: This administrative regulation is necessary to continue to receive full approval of the 

PSD program into the Kentucky State Implementation Plan (SIP} and remain the PSD permitting authority. 

(c) How this administrative regulation conforms to the content of the authorizmg statutes: KRS 224.10-100(5) requires the cabinet to 

promulgate administrative regulations for the prevention, abatement, and control of air pollution. This administrative regulation conforms to 42 

U.S. C. 7470, which authorizes the federal PSD program. 

(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative 

regulation establishes the requirements for issuing permits to stationary sources in areas where the NAAQS have been attained. 

{2) If this is an amendment to an existing administrative regulation, provide a brief summary of: 

(a) How the amendment will change this existing administrative regulation: This amendment is in response to a comment received during 

the public comment period. The Cabinet is referencing the most recent C.F.R.. 

{b) The necessity of the amendment to this administrative regulation: Including the date of the version of the C.F.R. being referenced 

eliminates uncertainly for the regulated community. 

{c) How the amendment conforms to the content of the authorizing statutes: 42 U.S.C. 741 O(a)(1) requires each state to adopt and submit 

a plan providing for the implementation, maintenance, and enforcement of a NAAQS. This amendment maintains consistency with 

corresponding federal requirements and eliminates regulatory uncertainty. 

(d) How the amendment will assist in the effective administration of statutes: This amendment eliminates regulatory uncertainty. 

{3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative 

regulation: Any new major stationary source or any project at an existing major stationary source that commences construction after 

September 22, 1ga2, and locates in an area designated attainment or unclassifiable is affected by this administrative regulation. 

(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 include the permitting elements relating to 

PM2_

5 emissions. Entities subject to this regulation are to provide PM2_

5 emissions data and demonstrate that the project emissions do not 

cause or contribute to a violation of the NAAQS. In the past, DAQ has used PM10 as a surrogate for PM2_

5 due to inadequate test methods 

and the lack of ·rmplementation elements. However, the U.S. EPA has determined that the appropriate data and technology are now available 

and the use of the PM10 surrogacy policy is no longer allowed. 

(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: Affected facilities' permit applications will be required to provide emissions data for PM2_

5 and demonstrate that the project's 

emissions do not cause or contribute to a violation of the PM2_

5 NAAQS. 

(b) In complying with this administrative regulation or amendment, how much wilt it cost each of the entities identified in question (3): 

Affected facilities will incur the cost necessary to obtain a permit that includes an evaluation of PM2_

5 emissions. 

(c) As a result of compliance, what benefits will accrue to the entities identified in question {3): When operating in compliance, the affected 

facilities will not be subject to enforcement actions and penalties. Furthermore, compliance with the Clean Air Act requirements preserves and 

improves air quality throughout the Commonwealth. 

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

{a) Initially: The Cabinet will not incur any additional costs for the implementation of this administrative regulation. 

{b) On a continuing basis: There will not be any additional continuing costs for the implementation of this administrative regulation. 

(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: The Cabinet's 

current operating budget will be used for the implementation and enforcement of this administrative regulation. 

(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, 

or by the change if it is an amendment. No increase in fees or funding is necessary to tmplement this administrative regulation amendment 

(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees. This administrative 

regulation does not establish, nor directly or indirectly increase, any fees. 

(9) TIERING: Is tiering applied? Yes. This administrative regulation only applies to new major stationary sources, or an existing major 

stationary source with a project, that commences construction after September 22, 1982, and is located in an area designated attainment or 

unclassifiable. 

FEDERAL MANDATE ANALYSIS COMPARISON 

Federal statute or regulation constituting the federal mandate. As a SIP-approved state for the PSD program under 40 C.F.R. 51.166, 

recent changes in the federal PSD program make it necessary to revise this regulation to maintain federal approvability. 42 U.S. C. 741 O(a}(1) 

requires Kentucky to adopt and submit a plan providing for the implementation, maintenance, and enforcement of a NAAQS. 

2. State compliance standards. The state compliance standards are found in KRS 224.10-100(5). 

3. Minimum or uniform standards contained in the federal mandate. The Clean Air Act requires applicable sources demonstrate that any 

major construction or major modification will not cause emissions to cause or contribute to a violation of the NAAQS. 40 C F.R. 51.166 is the 

federal rule that provides the framework to establish a plan and requirements necessary to receive full approval into the Kentucky SIP. 

4. Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those 

required by the federal mandate? No. This regulation is no more stringent than the federal rule, codified in 40 C.F.R. 51.166, and no more 

stringent than the federal mandate established by 42 U.S.C. 7401-7626. 

5. Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements. Stricter standards and 

requirements are not imposed. 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT 

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401 KAR 51 :017. Prevention of significant deterioration of air quality. Page 13 of 13 

1 What units, parts or divisions of state or local government (induding cities, counties, fire departments, or school districts) will be 

impacted by this administrative regulation? The Division for Air Quality will continue to implement and enforce the PSD program. Also, state 

and local governments constructing or modifying a major stationary source in an area classified as attainment or unclassified will be impacted 

by this administrative regulation. 

2. 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); 40 C.F.R. 51.166; and 42 U.S.C. 7401-7671q. 

3. Estimate the effect of th1s administrative regulation on the expenditures and revenues of a stale or local government agency (including 

cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect. 

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

departments, or school districts) for the first year? This administrative regulation generates no revenue. 

(b) How much revenue will this administrative regulation generate for the state or local government (induding cities, counties, fire 

departments, or school districts) for subsequent years? This administrative regulation generates no revenue. 

(c) How much will it cost to administer this program for the first year? The Cabinet's existing operating budget is the source of funding for 

the implementation of this program. 

(d) How much will it cost to administer this program for subsequent years? There will be no additional costs for administering this program 

in subsequent years. 

Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impacts of the administrative 

regulation. 

Revenues(+/-): There is no known effect on current revenues. 

Expenditures(+/-): There is no known effect on current expenditures. 

Other Explanation: There is no further explanation. 

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VOLUME 39, NUMBER 4- OCTOBER 1, 2012 

Ieney between state and federal programs and eliminate regulatory 

uncertainty. 

__ (c) How the amendment conforms to the content of the authorizing statutes: This amendment provides for consistency with correspond'lng federal definitions affecting Kentucky's New Source 

Review (NSR) program. 

(d) How the amendment will assist in the effective administration of statl..(tes: This amendment eliminates regulatory uncertainty 

by providing Consistency with the corresponding federal programs. 

(3} List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: Individuals, businesses, organizations, ·or governments will be affected by this regulation if they are subject to any of 

the requirements contained in this chapter. 

{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 This amendment maintains consistency with corresponding federal definitions affecting Kentucky's NSR program. 

(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: Affected facilities will be required to 

apply and use the terms as defined in this regulation. 

(b) In complying wiTh this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): This amendment does not impose an increased cost to the 

regulated community. 

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

entities identified in question {3): When operating in compliance, 

the affected facilities will not be subject to enforcement actions and 

penalties. Furthermore, com~iance wiih the Clean A'lr Act requirements preserves and improves air quality throughout the Commonwealth. 

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

(a) Initially: The Cabinet will not incur any additional costS for 

the implementation of this administrative regulation. 

(b) On a continuing basis: There will not be any additional continuing costs for the implementation of this administrative regulation. 

(6} What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: The 

Cabinet's current operating budget will be used for the implementation and enforcement of this administrative regulation. 

{7) Provide an assessment of whether an increase in fees or 

funding will be necessary to implement this administrative regulation, if new, or by the change if IT is an amendment. No increase in 

fees or funding is necessary to implement this administrative regulabon amendment. 

(B) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees. This 

administrative regulation does not establish, nor directly or indirectly increase, any fees. 

(9) TIERING: Is tiering applied? Yes. This administrative regulation contains thresholds over which facilities may be subject to 

permiTting requirements. 

FEDERAL MANDATE ANALYSIS COMPARISON 

1. Federal statute or regulation constituting the federal 

mandate. 42 U.S.C. 7410(a)(1) requires Kentucky to adopt and 

submit a plan providing for the implementation, maintenance, and 

enforcement of a NAAQS. 

2. State compliance standards. The state compliance standards are found in KRS 224.1 0-100(5). 

3. Minimum or uniform standards contained in the federal 

mandate. The Clean Air Act is the federal mandate that requires 

states to have a plan for the attainment of the national primary 

ambient air quality standards and reasonable further progress of 

the air quality. 

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

than those required by the federal mandate? No. 

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

additional or different responsibilities or requirements. The definitions contained in this administrative regulation are not more stringent than the corresponding federal definiTions. 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT 

1. 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? State and local governments will be required to use definitions contained in this administrative regulation if subject to the requirements of 401 KAR 

Chapter 51. 

2. 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); 40 C.F.R. 51.165, 51.166; and 42 

u.s.c. 7401-7671q. 

3. Estimate the effect of this administrative regulation on the 

expenditures and revenues of a state or local government agency 

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

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

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

fire departments, or school districts) lor the first year? This administrative regulation generates no revenue. 

(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 generates no revenue. 

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

year? The Cab'mefs exis1'1ng operating budget '1s the source of 

funding for the implementation of this program. 

(d) How much will it cost to administer this program for subsequent years? There will be no additional costs for administering 

this program in subsequent years. 

Note: If specific dollar estimates cannot be determined, provide 

a brief narrative to explain the fiscal impacts of the administrative 

regulation. 

Revenues (+/-}:There is no known effect on current revenues. 

Expenditures (+/-): There ·Is no known effect on current expenditures. 

Other Explanation: There is no further explanation. 

ENERGY AND ENVIRONMENT CABINET 

Department for Environmental Protection 

Division for Air Quality 

(Amended After Comments) 

401 KAR 51:017. Prevention of significant deterioration of 

air quality. 

RELATES TO: KRS 224.10-100, 40 C.F.R. 51 Subpart I, Appendix S, sec. IV, Part 51, Appendix W, 51.166, 52.21, 52.26, 53, 

58 Appendix A, 60, 61, 63, 70.6, 81.318, 81 Subpart D, 42 U.S.C. 

7401-7671q[, 4621 42709, E02DD9 528] 

STATUTORY AUTHORITY: KRS 224.10-100(5), 40 C.F.R. 

51.166, [~) 42 U.S. C. 7401-7671q[, EO 2009 528] 

NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-

1 00!§1 requires the cabinet to promulgate administrative regulations for the prevention, abatement, and control of air pollution. [@ 

2009 §28, efte6l:i>Je June 12, 2009, establishes the EneFgy anEI 

Env4renment Catlinet.] This administrative regulation provides for 

the prevention of significant deterioration of ambient air quality. 

The provisions of this administrative regulation are not [G#teFeru 

AGF] more stringent than the corresponding federal reouirements 

[FB!iJUiatien, 10 C.~.R 51 166]. 

Section 1. Applicability. (1) This administrative regulation shall 

apply to the construction of a new major stationary source or a 

project at an existing major stationary source that commences 

construction after September 22, 1982, and locates in an area 

designated attainment or unclassifiable under 42 U.S.C. 

7407(d)(1){A)(ii) and (iii). 

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VOLUME 39, NUMBER 4- OCTOBER 1, 2012 

(2) Except as otherwise provided in this administrative regulat!on, the provisions of Sections 8 to 16 of this administrative regulalion shall apply to the construction of a new major stationary 

source or a major modification of an existing major stationary 

source. 

(3) The owner or operator of a new major stationary source or 

f!lajOr modification, which is subject to the requirements of Secconstruction Without a proposed permit or proposed permit revision 

issued under 401 KAR 52:020 stating that the major stationary 

source or major modification shall meet those requirements. 

(4) Applicability tests for projects. Except as provided in subsection (5) of this section, a project shall be a major modification 

for _a regula~ed NSR pollutant only if the project causes a significant 

em1ss1ons Increase and a significant net emissions increase as 

provided in paragraphs (a) and (b) of this subsection. 

(a) Prior to beginning actual construction, the owner or operator shall f1rst determine if a significant emissions increase will occur 

lor the applicable type of unit being constructed according to subparagraphs 1 to 3 of this paragraph. 

1: Actual-to~projected actual applicability test for projects that 

only Involve ex1sting emiss'1ons units. A sign'1f1cant emissions increase of a regulated NSR pollutant shall be projected to occur if 

the sum of the difference between the projected actual emissions 

and the baseline actual emissions lor each existing emissions unit 

equals or exceeds the significant amount for that pollutant. 

2. Actual-to-potential test for projects that involve only construction of new emissions units. A significant emissions increase 

of a regulated NSR pollutant shall be projected to occur if the sum 

of the ~otential to e~it from each new emissions unit following 

completion of the prOJect equals or exceeds the significant amount 

lor that pollutant. 

. 3. H~brid test lor projects that involve multiple types of emisSions umts. A significant emissions increase of a regulated NSR 

pollutant shall be projected to occur if the sum of the emissions 

increases lor each emissions unit, using a method specified in 

subpa.ragraph_s 1 and 2 of this paragraph as applicable lor each 

em1ss1ons unit, equals or exceeds the signflicant amount for that 

pollutant. 

(b) ~rior to beginning actual construction and after completing 

the ~pphcable procedure established in paragraph (a) of the subsectiOn, the owner or operator shall determine lor each regulated 

NSR pollutant if a significant net emissions increase will occur 

pursuant to 401 KAR 51 :001, Section 1 (144) and {218). 

(5) For a plant-wide applicabiiH:y limit (PAL) tor a regulated 

NSR poll~ant at ~ major stationary source, the owner or operator 

of t~e major statlon_ary source shall comply with the applicable 

requirements of Sect1on 20 of this administrative regulation. 

Ambient Air Increments. (1) In areas designated as 

i II concentration over the baseline 

li i II I 

I I 

increase may be exceeded 

per year at any one (1) location. 

Section 3. Ambient Air Ceilings. The concentration of a regulated NSR pollutant shall not exceed the concentration allowed 

under the national secondary ambient air quality standard or under 

the national primary ambient air quality standard, whichever concentration is lower for the pollutant for a period of exposure. 

Section 4. Restrictions on Area Classifications. (1) The following areas, which were in existence on August 7, 1977, shall be 

Class I areas and shall not be redesignated: 

(a) International parks; 

(b) National wHderness areas and naf1onal memorial parks that 

exceed 5,000 acres in size; and 

(c) National parks that exceed 6,000 acres in size. 

{2) Any other area, unless otherwise specified in the legislation 

creating the area, shall be designated Class II but may be redesignated as provided in 40 C.F.R. 51.166(g). 

(3) The visibility protection requirements of this administrative 

regulation shall apply only to sources that may impact a mandatory 

Class I federal area. 

{4) The following areas may be redesignated only as Class I or 

II: 

(a) An area that as of August?, 1977, exceeded 10,000 acres 

in size and was a national monument, a national primitive area, a 

national preserve, a national recreational area, a national wild and 

scenic river, a national wildlife refuge, a national lakeshore or seashore; and 

{b) A national park or national wilderness area established 

after August?, 1977, which exceeds 10,000 acres in size. 

Section 5. Exclusions from Increment Consumption. (1) Pursuant to notice and opportunity for at least one (1) public hearing to 

be held in accordance with procedures established in 401 KAR 

52:100, the cabinet may exclude the following concentrations in 

determining compliance with a maximum allowable increase: 

(a) Concentrations attributable to the increase in emissions 

from stationary sources that have converted from the use of petroleum products, natural gas, or both by reason of an order in effect 

under a federal statute or regulation over the emissions from these 

sources before the effective date of the order; 

{b) Concentrations attributable to the increase in emissions 

from sources that have converted from using natural gas by reason 

of a natural gas curtailment plan in effect pursuant to a federal 

statute over the emissions from those sources before the effective 

date of the plan; 

(c) Concentrations of particulate matter attributable to the increase in emissions from construction or other temporary emission-related activities of new or modified sources; and 

(d) Concentrations attributable to the temporary increase in 

emissions of sulfur dioxide, particulate matter, or nitrogen oxides 

from stationary sources affected by plan revisions approved by the 

Administrator of the U.S. EPA as meeting the criteria established in 

subsection {3) of this section. 

(2)(a) Exclusion of concentrations shall not apply more than 

five (5) years after the effective date of the order to which subsection (1)(a) of this section refers or the curtailment plan to which 

subsection (1 )(b) of this section refers, whichever is applicable. 

(b) If both an order and curtailment plan are applicable, an 

exclusion shall not apply more than five (5) years after the later of 

the two (2) effective dates. 

(3) For excluding concentrations pursuant to subsection (1 )(d) 

of this section: 

(a) The time period over which the temporary emissions increase of sulfur dioxide, particulate matter, or nitrogen oxides 

• 795. 
VOLUME 39, NUMBER 4- OCTOBER 1, 2012 

would occur shall be specified and shall not exceed two (2) years 

in duration unless a longer time is approved by the U.S. EPA; 

(b) The time period for excluding certain contributions in accordance with paragraph (a) of this subsection shall not be renewable; 

(c) An emissions increase from a stationary source shall not 

occur that will: 

1. Impact a Class I area or an area in which an applicable increment is known to be violated; or 

2. Cause or contribute to the violation of a national ambient air 

quality standard; and 

(d) Limitations shall be in effect at the end of the time period 

established in paragraph (a) of this subsection, which ensure that 

the emissions levels from stationary sources affected by the SIP 

revision shall not exceed the levels occurring from those sources 

before the revision was approved. 

Section 6. Stack Heights. (1) The degree of emissions limitation required for control of an air pollutant under this administrative 

regulation shall not be affected by: 

(a) So much of the stack height of a source as exceeds good 

engineering practice; or 

(b) Another dispersion technique. 

(2) Subsection (1) of this section shall not apply to stack 

heights in existence before December 31, 1970, or to dispersion 

techniques implemented before then. 

Section 7. Exemptions. (1) Sections 8 to16 of this administrative regulation shall not apply to a particular major stationary 

source or major modification, if: 

(a) The owner or operator: 

1. Obtained the necessary federal, state, and local preconstruction approval effective before September 22, 1982; 

2. Commenced construction before September 22, 1982; and 

3. Did not discontinue construction for a period of eighteen (18) 

months or more. 

(b)1. The major stationary source is a nonprofit health institution, a nonprofit educational institution, or a ·major modification at 

such an institution; and 

2. The GovElrnor of the Commonwealth of Kentucky requests 

that it be exempt from those requirements. 

(c) The source or modification is a major stationary source or 

major modification only if fugitive emissions, to the extent quanlifi· 

able, are considered in calculating the potential to emit of the stationary source or modification and the source does not belong to 

any of the following categories: 

1. Coal cleaning plants with thermal dryers; 

2. Kraft pulp mills; 

3. Portland cement plants; 

4. Primary zinc smelters; 

5. Iron and steel mills; 

6. Primary aluminum ore reduction plants; 

7. Primary copper smelters; 

8. Municipal incinerators capable of charging more than 250 

Ions of refuse per day; 

9. Hydrofluoric, sulfuric, or nitric acid plants; 

10. Petroleum refineries; 

11. Lime plants; 

12. Phosphate rock processing plants; 

13. Coke oven batteries; 

14. Sulfur recovery plants; 

15. Carbon black plants, furnace process; 

16. Primary lead smelters; 

17. Fuel conversion plants; 

18. Sintering plants; 

19. Secondary metal production plants; 

20. Chemical process plants, except ethanol production facili· 

ties producing ethanol by natural fermentation under the North 

American Industry Classification System (NAICS) codes 325193 or 

312140; 

21. Fossil-fuel boilers, or combination of fossil-fuel boilers, 

totaling more than 250 million BTUs per hour heat input; 

22. Petroleum storage and transfer units with a total storage 

capacity exceeding 300,000 barrels; 

23. Taconite ore processing plants; 

24. Glass fiber processing plants; 

25. Charcoal production plants; 

26. Fossil fuel-fired steam electric plants of more than 250 

million BTUs per hour heat input; or 

27. Another stationary source category that, as of August 7, 

1980, is being regulated under 42 U.S.C. 7411 or 7412. 

(d) The source or modification is a portable stationary source 

that has previously received a permft under this administrative 

regulation; and 

1. The owner or operator proposes to relocate the source, and 

the emissions of the source at the new location will be temporary; 

2. The emissions from the source will not exceed its allowable 

emissions: 

3. The emissions from the source will not impact a Class I area 

or an area where an applicable increment is known to be violated; 

aod 

4.a. Reasonable notice is given to the cabinet prior to the relocation identifying the proposed new location and the probable duration of operation at the new location. 

b. Notice shall be given to the cabinet not less than ten (1 0) 

days in advance of the proposed relocation unless a different time 

duration is previously approved by the cabinet pursuant to this 

subsection. 

(e) The source or modification was not subject to this administrative regulation with respect to particulate matter requirements in 

effect before July 31, 1987, and the owner or operator: 

1. Obtained all final federal, state, and local preconstruction 

approvals or permits necessary under the applicable SIP before 

July31, 1987; 

2. Commenced construction within eighteen (18) months after 

July 31, 1987; and 

3. Did not discontinue construction for a period of eighteen (18) 

months or more and completed construction within a reasonable 

period of time. 

(f)1. The source or modification was subject to this administrative regulation for particulate matter requirements in effect before 

July 31, 1987, and the owner or operator submitted an application 

for a permit under the applicable permit program before that date; 

aod 

2. The cabinet subsequently determined that the application as 

submitted was complete with respect to the particulate matter requirements then in effect. 

(2) Sections 8 to 16 of this administrative regulation shall not 

apply to a major stationary source or major modification for a particular pollutant if the owner or operator demonstrates that, for that 

pollutant, the source or modification is located in an area designated as nonattainment pursuant to 42 U.S.C. 7407(d){1)(A)(i). 

(3) Sections 9,11, and 13 of this administrative regulation shall 

not apply to a proposed major stationary source or major modification for a particular pollutant, if the allowable emissions of that 

pollutant from the source, or the net emissions increase of that 

pollutant from a modification: 

(a) Will not impact a Class 1 area or an area where an applicable increment is known to be violated; and 

(b) Will be temporary. 

(4) Sections 9, 11, and 13 of this administrative regulation, as 

applicable to a maximum allowable increase for a Class ll area, 

shall not apply to a major modification at a stationary source that 

was in existence on March 1, 1978, if the net increase in allowable 

emissions of each regulated NSR pollutant from the modification 

after the application of BACT will be less than fifty {50) tons per 

year. 

(5) The cabinet may exempt a proposed major stationary 

source or major modification from the monitoring requirements of 

Section 11 of this administrative regulation for a particular pollutant, if: 

(a) The emissions increase of the pollutant from the new 

source or the net emissions increase of the pollutant from the modification will cause air quality impacts in an area, which are less 

than the amounts listed in the followina table; or 

Pollutant AirQualil Level Avera ;, Time 

Carbon monox- 575 j.Jg/m 8-hour average 

ide 

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VOLUME 39, NUMBER 4-0CTOBER 1, 2012 

ozone. ol1 00 

tons per year or more organic 

compounds or nitrogen subject to 

this administrative regulation shall be required to perform an ambient impact analysis including the gathering of ambient air 

quality data. 

i i area 

or modification will affect are less than the concentrations 

in the table in paragraph (a) of this subsection, or the pollutant is not listed in the table. 

(6) Permitting requirements equivalent to Section 9(2} of this 

administrative regulation shall not apply to a stationary source or 

~edification for a maximum allowable increase for nitrogen oxides, 

If: 

(a) The owner or operator of the source or modification submitted an application for a permit or permit revision under the applicable permit program before the date on which the provisions embodying the maximum allowable increase took effect in the KentuckY 

SIP; and 

(b) The cabinet subsequently determined that the application 

as submitted before that date was complete. 

(7} Permitting requirements equivalent to Section 1 0(2} of this 

administrative regulation shall not apply to a stationary source or 

modiTication lor a maximum allowable increase for PM10, if: 

(a) The owner or operator of the source or modification submitted an application for a permrt under the applicable permit program 

before the provisions embodying the maximum allowable increases 

for PM1o took effect as part of Kentucky's SIP; and 

(b) The cabinet subsequently determined that the application 

as submitted before that date was complete. 

(B)(a) The cabinet may determine that the requirements for a·lr 

quality monitoring of PM10 in Section 11 of this administrative regu· 

ration shall not apply to a particular source or modification, if: 

1. The owner or operator of the source or modification submitted an application for a permft under this section on or before June 

1, 1988; and 

2. The cabinet subsequently determines that the application as 

submitted before that date was complete, except for the requirements for monitoring particulate matter specified in Section 11 of 

this administrative regulation. 

(b) The requirements for air quality monitoring of PM1o in Section 11 of this administrative regulation shall apply to a particular 

source or modification if the owner or operator of the source or 

modification submitted an application for a permit under 40 C.F.R. 

52.21 or this administrative regulation after June 1, 1988, and not 

later than December 1, 1988. 

1. The data shall have been gathered over at least the period 

from February 1, 1988, to the date the application becomes complete ·In accordance w'ith Section 11 of this administrative regulation; and 

2. If the cabinet determines that a complete and adequate 

analysis can be accomplished with monitoring data over a shorter 

period, which may not to be less than four (4) months, the data that 

Section 11 of this administrative regulation requires shall have 

been gathered over that shorter period. 

(9) If the owner or operator of the source or modification submitted an application tor a permit under 40 C.F.R. 52.21 or this 

administrative regulation before the date the provisions embodying 

the maximum allowable ·Increases for PM10 took effect and the 

cabinet subsequently determined that the application as submitted 

before that date was complete, the requirements of Section 9(2) of 

this administrative regulation shall: 

(a) Not apply to a stationary source or modification for a maximum allowable increase for PM1o; and 

(b) Apply for the maximum allowable increases for TSP as in 

effect on the day the application was submitted. 

Sect'1on 8. Control Technology Review. (1) A major stat'1onary 

source or major modification shall meet each applicable emissions 

limitation under the Kentucky SIP and each applicable emissions 

standard and standard of performance pursuant to 40 C.F.A. Parts 

60and61. 

(2) A new major stationary source shall apply BACT for each 

regulated NSA pollutant for which the source has the potential to 

emit in significant amounts. 

(3) A major modification shall apply BACT: 

(a) For each regulated NSA pollutant that results in a significant net emissions increase at the source; and 

(b) For each proposed emissions unit at which a net emissions 

increase in the pollutant occurs as a resu~ of a physical change or 

change in the method of operation of the unit. 

(4) For phased construction projects: 

(a) The cabinet shall review and modify, as appropriate, the 

BACT determination at the latest reasonable time occurring not 

later than eighteen (18} months prior to commencement of construction of each independent phase of the project; and 

(b) lf requested by the cabinet, the owner or operator of the 

applicable stationary source shall demonstrate the adequacy of a 

previous BACT determination for the source. 

Section 9. Source Impact Analysis. !1l.. The owner or operator 

of the proposed source or modification shall demonstrate that allowable emissions increases from the proposed source or modification, in conjunction with all other applicable emissions increases 

or reductions, including secondary emissions, shall not cause or 

contribute to air pollution in violation of: 

{~f+l-l A national ambient air quality standard in an air quality 

control region; or 

(!illf2t] An applicable maximum allowable increase over the 

baseline concentration in 

Section 10. Air Quality Models. (1) Estimates of ambient concentrations shall be based on the applicable air qualrty models, 

databases, and other requirements specified in 40 C.F.R. Part 51, 

Appendix W, "Guideline on Air Quality Models" Appendix A. 

{2) Jf an air quality model specified in 40 C.F.A. Part 51, Appendix W, is inappropriate, the model may be modified or another 

model substituted. 

(a) The use of a modified or substitute model shall be: 

1. Subject to notice and opportunity for public comment under 

401 KAA 52:100; and 

2. Approved in writing by the U.S. EPA pursuant to 40 C.F.A. 

51.166{1). 

(b) Methods similar to those outlined in the "Workbook for the 

Comparison of Air Quality Models," specified in 401 KAR 50:040, 

Section 1(3), shall be used to determine the comparability of air 

quality models. 

Section 11. Air Quality Analysis. (1) Preapplication analysis . 

• 797. 
VOLUME 39, NUMBER 4- OCTOBER 1, 2012 

{a) An application for a permit or permit revision under 401 

KAR 52:020 and this administrative regulation shall contain an 

analysis of ambient air quality in the area that the major stationary 

source or major mod"rf1caf1on will affect for each of the following: 

1. For a source, each pollutant that the source will have the 

potential to emf! in a significant amount; 

2. For a modification, each pollutant that the modification will 

result in a significant net emissions increase. 

(b) For a pollutant that does not have a national ambient air 

quality standard, the analysis shall contain air quality monitoring 

data the cabinet determines necessary to assess ambient air quality for that pollutant in an area that the emissions of that pollutant 

will affect. 

(c) For pollutants, other than nonmethane hydrocarbons, for 

which a standard exists, the analysis shall contain continuous air 

quality monitoring data gathered to determine if emissions of that 

pollutant will cause or contribute to a violation of the standard or a 

maximum allowable increase. 

(d)1. The required continuous air qualtty monitoring data shall 

have been gathered over a period of at least one (1) year and shall 

represent at least the year preceding receipt of the application. 

2. If the cabinet determines that a complete and adequate 

analysis may be accomplished with monitoring data gathered over 

a period shorter than one (1) year, that period shall be not less 

than four (4) monihs. 

(e) For analysis of volatile organic compounds, the owner or 

operator of a proposed major stationary source or major modification who satisfies all conditions of 40 C.F.R. Part 51, Appendix S, 

section IV may provide postapproval monitoring data for ozone 

instead of providing preconstruction data as required in this section. 

(I} For air quality monitoring of PM1o under Section 7(8)(a} and 

(b) of this administrative regulation, the owner or operator of the 

source or major modification shall use a monitoring method approved by the cabinet pursuant to 40 C.F.R. Part 53 and shall estimate the ambient concentrations of PM10 using the data collected 

by that approved monitoring method in accordance with estimating 

procedures approved by the cabinet pursuant to 40 C.F.R. Part 58, 

Appendix A. 

(2) Postconstruction monitoring. After construction of a major 

stationary source or major modification, the owner or operator shall 

conduct ambient monitoring that the cabinet determines is necessary to determine the effect emissions from the stationary source 

or modification may have, or are having, on air quality in an area. 

(3) Operation of monitoring stations. During the operation of air 

quality monitoring stations, the owner or operator of a major stationary source or major modification shall meet the requirements of 

40 C.F.R. Part 58, Appendix A to satisfy the air qual"ity analysis 

requirements of this section. 

Section 12. Source Information. The owner or operator of a 

proposed source or modification shall submit to the cabinet all 

information necessary to perform an analysis or make a determination required under this administrative regulation. (1) The information shall include: 

(a} A description of the nature, location, design capacfty, and 

typ·lcal operating schedule of the source or modif1caf1on, including 

specflications and drawings showing its design and plant layout; 

(b) A detailed schedule for construction of the source or modification; and 

(c) A detailed description of the system of continuous emissions reduction planned for the source or modification, emissions 

estimates, and any information necessary to determine that BACT 

will be applied. 

(2) Upon request of the cabinet, the owner or operator shall 

also provide "mformation on: 

(a) The air quality impact of the source or modification, including meteorological and topographical data necessary to estimate 

the impact; and 

(b) The air quality impacts and the nature and extent of general 

commercial, residential, industrial, and other growth that has occurred since August 7, 1977, in the area the source or modification 

will affect. 

Section 13. Additional Impact Analysis. (1) The owner or operator shall provide an analysis of the impairment to visibility, soils, 

and vegetation that will occur as a result of: 

(a) The source or modification; and 

(b) General commercial, residential, industrial, and other 

growth associated with the source or modification. 

(2) The owner or operator shall not be required to provide an 

analysis of the impact on vegetation not having significant commerci3.1 or recreational value. 

(3) The owner or operator shaH provide an analysis of the air 

quality impact projected for the area as a result of general commercial, residential, industrial, and other growth associated with the 

source or modification. 

(4) Visibility monitoring. 

(a) If the cabinet requires monitoring of visibility in a Class I 

area impacted by the proposed new stationary source or major 

modification, the monitoring shall be performed using: 

1. Human observations; 

2. Teleradiometers; 

3. Photographic cameras; 

4. Nephelometers; 

5. Fine particulate monitors; or 

6. Other U.S. EPA-approved methods. 

(b) The method selected shall be determined on a case-bycase basis by the cabinet pursuant to 40 C.F.R. 51.166. 

(c) Visibility monitoring required by the cabinet in a Class I area 

shall be approved by the federal land manager. 

(d) Data obtained from visibility monitoring shall be made 

available to the cabinet, the U.S. EPA, and the federal land manager, upon req.Jest. 

Section 14. Sources Impacting Class I Areas; Additional Requirements. (1) Notice to U.S. EPA and federal land managers. 

The cabinet shall provide; 

(a) Wrrtten notice to the U.S. EPA, the federal land manager, 

and the federal official charged with direct responsibility for management of lands within a Class I area of a permit application for a 

proposed major stationary source or major modification that may 

affect the Class I area. 

(b) Notice promptly after receiving the permit application. The 

notice shall: 

1. Include a copy of all information relevant to the permit application; 

2. Be given within thirty (30) days of receipt and at least sixty 

(60) days prior to the public hearing on the application for a permit 

to construct; and 

3. Include an analysis of the proposed source's anticipated 

·Impacts on visibility in the Class I area. 

(c) The cabinet shall also provide the federal land manager 

and other federal officials with a copy of the preliminary determination and shall make available to them the materials used in making 

that determination, promptly after the cabinet makes it. The cabinet 

shall also notify all affected federal land managers within thirty (30} 

days of receipt of an advanced notification of the permit application. 

(2) Federal land manager. The federal land manager and the 

federal off1cial charged with d"1rect responsibility for management of 

lands located in a Class I area shall have an affirmative responsibility to protect visibility and other air quality related values of the 

lands and to consider, in consultation wtth the cabinet, if a proposed source or modification will have an adverse impact on those 

values. 

(3) VisibiHty analysis. 

(a) The cabinet shall consider an analysis performed by the 

federal land manager, which is provided within thirty (30) days of 

the notice and analysis required by subsection (1) of this section, 

which shows that a proposed new major stationary source or major 

modification may have an adverse impact on visibility in a Class I 

area. 

(b) If the cabinet finds the analysis does not demonstrate to the 

cabinet's satisfaction that an adverse impact on visibility will result 

in the Class I area, the cabinet shall, in the public notice required in 

401 KAR 52:100, either explain that decision or give notice as to 

where the explanation may be obtained. 

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VOLUME 39, NUMBER 4- OCTOBER 1, 2012 

(4) Denial; impact on air quality related values. 

(a) The federal land manager of lands located in a Class I area 

may demonstrate to the cabinet that the emissions from a proposed source or modification will have an adverse impact on the 

visibility and other air quality related values of those lands, even 

though the change in air quality resulting from emissions from the 

proposed source or modification will not cause or contribute to 

concentrations that will exceed the maximum allowable increases 

lor a Class I area. 

(b) II the cabinet concurs with the demonstration specified in 

paragraph (a) of this subsection, the cabinet shall not issue the 

permit or permit revision. 

(5) Class I variances. 

(a) The owner or operator of a proposed source or modification 

may demonstrate to the federal land manager that the emissions 

from the source or modification will not have adverse impact on the 

visibility or other air quality related values of lands located in a 

Class I area, even though the change in air quality resulfmg from 

emissions from the source or modification will cause or contribute 

to concentrations that will exceed the maximum allowable increases for a Class I area as specified in Section 2(1) of this administrative regulation. 

(b) If limitations are necessary, the cabinet may issue the permit or permit revision with emissions limitations necessary to assure that emissions of sulfur dioxide, PM2 5, PM,o [partis>~late mat 

tef], and n"itrogen oxides will not exceed the maximum allowable 

increases over minor source baseline concentration for the pollutants as specified in 40 C.F.R. 51.166/p\(4\, as published on July 

1, 2012, [Sectien 2(1) ef IRis aGminisiFati>Je Fefi>~latien] if: 

1. The federal land manager concurs with the demonstration 

specified in paragraph (a) of this subsection and certffies accordingly; and 

2. The other applicable requirements of this administrative 

regulation are met. 

(6) Sulfur dioxide variance by governor with federal land manager's concurrence. 

(a) The owner or operator of a proposed source or modmcation, which cannot be approved under subsection (5) of this section 

because the source cannot be constructed without exceeding a 

maximum allowable increase in sulfur dioxide applicable to a Class 

I area for a per"1od of twenty-four (24) hours or less, may demonstrate to the Governor of the Commonwealth of Kentucky that a 

variance will not adversely affect the visibility or other air quality 

related values of the area. 

(b) The governor, after consideration of the federal land manager's recommendation, ff applicable, and subject to the federal 

land manager's concurrence, may, after notice and public hearing, 

grant a variance from the maximum allowable increase. 

(c) If a variance is granted, the cabinet shall issue a permit or 

permit revision to the source or modification under the requirements of 401 KAR Chapter 52 if the other applicable requirements 

of this administrative regulation are met. 

(7) Variance by the governor with the President's concurrence. 

(a) If the Governor of the Commonwealth of Kentucky recommends a variance in which the federal land manager does not 

concur, the recommendations of the governor and the federal land 

manager shall be transmitted to the President of the United States 

of America. 

(b) If the variance is approved by the President, the cabinet 

shall issue a perm"1t or perm"rt revis"lon in accordance with the requirements of 401 KAR Chapter 52, if the other applicable requirements of this administrative regulation are met. 

(8) Emissions limitations for presidential or gubernatorial variance. For a permit or permit revision issued pursuant to subsections (6) or (7) of this section, the source or modification shall 

comply with the emissions limitations necessary to assure that: 

(a) Emissions of sulfur dioxide from the source or modification 

shall not, during a day on which the other applicable maximum 

allowable increases are exceeded, cause or contribute to concentrations that will exceed the maximum allowable increases over the 

baseline concentration as s ified in the followin table·, and 

Maximum Allowable Increase 

Micro rams er cubic meter 

jj~ij~~~~~~~~llT~'!'~'a~i~o~a~,,~a~,~~~~~~~~~ Period of Ex osure Low Hi h 

24-hour maximum 36 62 

3-hour maximum 130 221 

(b) EmiSSions shall not cause or contribute to concentrations 

that exceed other applicable maximum allowable increases lor 

periods of exposure of twenty-four (24) hours or les~ for more t~an 

a total of eighteen (18) days that are not necessanly consecutive 

during an annual period. 

Section 15. Public Participation. The cabinet shall follow the 

applicable procedures of 401 KAR 52:100, 40 C.F.R. 51.166(q), 

and this administrative regulation in processing applications under 

th'ls administrative regulation. 

Section 16. Source Obligation. (1) An owner or operator of a 

source or modification subject to this administrative regulation who 

begins actual construction after September 22, 1982, shall construct and operate the source or modification in accordance with 

the application submitted to the cabinet under this administrative 

regulation and 401 KAR 52:020 or under the terms of an approval 

to construct. 

(2)(a) Approval to construct shall become invalid if construction: 

1.1s not commenced within eighteen (18} months after receif,:t 

of the approval; 

2. Is discontinued for a period of eighteen (18) months or more; 

3. Is not completed within a reasonable time. 

(b) The cabinet may extend the eighteen (18) month period 

upon a satisfactory demonstration that an exte~sion is justified. 

1. An extension shall not apply to the t1me penod between 

construct"1on of the approved phases of a phased construction 

project; and 

2. Each phase shall commence construction within eighteen 

(1 B) months of the projected and approved commencement date. 

{3) Approval to construct shall not relieve an owner or operator 

of the responsibility to comply fully with 401 KAR Chapters 50 to 68 

and other requirements of local, state, or federal law. 

(4) lf a particular source or modification b9?omes a major s.tationary source or major modification solely by VIrtUe of a relaxation 

in an enforceable limitation that was established after August 7, 

1980, on the capacity of the source or modification to emil a pollutant, Sections 8 to 16 of this administrative regulati.on shall apply to 

the source or modification as though construct1on had not yet 

commenced on the source or modification. 

(5)(a) The provisions of this subsection shall apply to projects 

at existing emissions units at a major stat"1onary source other than 

projects at a source with a PAL, if: 

1. There is a reasonable possibility that a project that is not 

part of a major modification may result in a significant emissions 

·mcrease; and 

2. The owner or operator elects to use the method specified in 

401 KAR 51 :001, Section 1 (199)(b} to calculate projected actual 

emissions. 

(b) Before beginning actual construction of a project specified 

in paragraph (a) of this subsection, the owner or operator shall 

document and maintain a record of the following information: 

1. A description of the project; 

2. Identification of the emissions units for which emissions of a 

regulated NSR pollutant could be affected by the project; and 

3. A description of the applicability test used to determine that 

the project is not a major modification for any regulated NSR pollutant, including: 

a. Baseline actual emissions; 

b. Projected actual emissions; 

c. Amount of em"1ssions excluded in calculating projected actual emissions and an explanation for why that amount was excluded; and 

d. Any applicable netting calculations. 

{c) For a project specified in paragraph (a) of this subsection, 

the owner or operator shall: 

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VOLUME 39, NUMBER 4- OCTOBER 1, 2012 

1. Monitor the emissions of any regulated NSR pollutant that 

could increase as a result of the project and that are emitted by 

any emissions unit identified in paragraph (b)2 of this subsection; 

aod 

2. Calculate and maintain a record of the annual emissions, in 

tons per year on a calendar year basis for: 

a. Five (5) years following resumption of regular operations 

after the change; or 

b. Ten {10) years following resumption of regular operations 

after the change if the project increases the design capacity or 

potential to emf!: of the regulated NSR pollutant at the emissions 

unit. 

(d) II the emissions unft is an existing EUSGU, before begin· 

ning actual construction, the owner or operator: 

1. Shall provide a copy of the information in paragraph (b) of 

this subsection to the cabinet, but shall not be required to obtain a 

determination from the cabinet before beginning actual construction; and 

2. Shall submit a report to the cabinet within sixtY (60) days 

alter the end of each year during which records are required to be 

generated under paragraph (b) of this subsection that reports the 

unft's annual emissions during the calendar year that preceded 

submission of the report. 

(e)1. For an existing unit other than an EUSGU, the owner or 

operator shall submit a report to the cabinet ff: 

a. The annual emissions, in tons per year, from a project identi· 

fled in paragraph (a) of this subsection exceeds the baseline actual 

emissions, as documented and maintained pursuant to paragraph 

(b)3 of this subsection, by a significant amount for that regulated 

NSR pollutant; and 

b. The emissions differ from the preconstruction projection as 

documented and maintained pursuant to paragraph (b)3 of this 

subsection. 

2. The report shall be submitted within sixty {60) days alter the 

end of the year during which records are required to be generated 

under paragraph (b) of this subsection and shall contain the following: 

a. The name, address, and telephone number of the major 

stationary source; 

b. The annual emissions as calculated pursuant to paragraph 

(c) of this subsection; and 

c. Any other information that the owner or operator wishes to 

include in the report. 

(f) The owner or operator of the source shall make the information required to be documented and maintained under to this subsection available for review upon request tor inspection by the 

cabinet or the general public pursuant to 401 KAR 52:100. 

Section 17. Environmental Impact Statements. If a proposed 

source or modification is subject to action by a' federal agency that 

may necessitate preparation of an environmental impact statement 

under 42 U.S.C. 4321 to 4370d (the National Environmental Policy 

Act), review by the cabinet conducted in accordance with this administrative regulation shall be coordinated with the broad environmental reviews under that Act and under 42 U.S. C. 7609 to the 

maximum extent feasible and reasonable. 

Section 18. Innovative Control Technology. (1) An owner or 

operator of a proposed major stationary source or major modffication may make a written request that the cabinet approve a system 

of innovative control technology. 

(2) The cabinet may, with the consent of the governors of other 

affected states, determine that the source or modification may 

employ a system of innovative control technology if: 

(a) The proposed control system will not cause or contribute to 

an unreasonable risk to public health, welfare, or safety in its operation or function; 

(b) The owner or operator agrees to achieve a level of continuous emissions reduction equivalent to that which would have 

been required under Section 8(2) of this administrative regulation 

by a date, specified by the cabinet that is not later than four {4) 

years from the time of start-up or seven (7) years from permit issuance; 

(c) The source or modification shall meet requirements equiva· 

lent to those in Sections 8 and 9 of this administrative regulation 

based on the emissions rate that the stationary source employing 

the system of innovative control technology shall be required to 

meet on the date specified by the cabinet; 

(d) The source or modification shall not before the date specified by the cabinet: 

1. Cause or contribute to a violation of an applicable national 

ambient air quality standard; or 

2. Impact an area in which an applicable increment is known to 

be violated; 

(e) Section 14 of this administrative regulation relating to Class 

I areas has been satisfied for all periods during the life of the 

source or modification; and 

(f) All other applicable requirements including those lor public 

participation have been met. 

(3) The cabinet shall withdraw approval to employ a system of 

innovative control technology if: 

(a) The proposed system fails by the specified date to achieve 

the required continuous emissions reduction rate; 

(b) The proposed system fails before the specified date and 

contributes to an unreasonable risk to public health, welfare, or 

safety; or 

(c) The cabinet decides that the proposed system is urilikely to 

achieve the required level of control or to protect the public health, 

welfare, or safety. 

(4) If a source or modification fails to meet the required level of 

continuous emissions reduction within the specified time period or 

the approval is withdrawn in accordance with subsection (3) of this 

section, the cabinet may allow the source or modification up to an 

additional three (3) years to meet the requirement for the application of BACT through use of a demonstrated system of control. 

Section 19. Permit Condition Rescission. (i)(a) An owner or 

operator holding a permit for a stationary source or modification 

that contains conditions pursuant to 401 KAR 51:015 or 51:016E 

may request that the cabinet rescind the applicable conditions. 

(b) An owner or operator of a stationary source or modiTication 

who holds a permit for the source or modification that was issued 

under this administrative regulation as in effect on July 30, 1987, or 

an earlier version of this administrative regulation, may request that 

the cabinet rescind the permit or a particular portion of the permit. 

(2) The cabinet shall rescind a permit condftion if requested 

and if the applicant can demonstrate to the satisfaction of the cabinet that this administrative regulation does not apply to the source 

or modification or to a portion of the source or modification. 

Section 20. Plant-wide Applicabiflty L"rmit Provisions. The cabinet shall only approve the use of an actuals PAL (PAL) lor an existing major stationary source if the PAL meets the requirements of 

this section. 

(1) General provisions. 

(a) An owner or operator may execute a project without triggering major NSR, if the source maintains its total source-wide emissions below the PAL level, meets the requirements in this section, 

and complies with the PAL permit. II these conditions are met, a 

project: 

1. Shall not be considered a major modification for the PAL 

pollutant; 

2. Shall not have to be approved through Kentucky's major 

NSR program; and 

3. Shall not be subject to the provisions of Section 16(4) of this 

administrative regulation concerning restrictions on relaxing enforceable emission limitations that a major stationary source used to 

avoid applicability of the major NSR program. 

(b) Except as provided under subparagraph (1)(a)3 of this 

section, a major stationary source shall continue to comply with all 

applicable federal or state requirements, emissions limitations, and 

work practice requirements that were established prior to the effective date of the PAL. 

(2) Permit application requirements. The owner or operator of a 

major stationary source shall submft the following information to 

the cabinet for approval as part of an application for a permit or 

permft revision requesting a PAL: 

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VOLUME 39, NUMBER 4- OCTOBER 1, 2012 

(a) A list of all em'1ssions un"rts at the source designated as 

small, signtficant, or major, based on their potential to emit; 

(b) Identification of the federal and state applicable requirements, emissions limitations, and work practice requirements that 

apply to each emissions unit; 

{c) Calculations of the baseline actual emissions tor the emissions units with supporting documentation, including emissions 

associated with startup, shutdown, and malfunction; and 

(d) The calculation procedures the owner or operator proposes 

to use to convert the monitoring system data to monthly emissions 

and annual emissions based on a twelve {12) month rolling total for 

each month as required by subsection (12){a) of this section. 

(3) Establishing a PAL The cabinet shall establish a PAL at a 

major stationary source in a federally enforceable permit pursuant 

to the requirements of this section. 

(a) The PAL shall impose an annual emissions limitation in 

tons per year that is enforceable as a practical matter for the entire 

major stationary source. 

1. For each month during the PAL effective period after the first 

twelve (12) months of establishing a PAL, the owner or operator 

shall demonstrate that the sum of the monthly emissions from each 

emissions unit urDer the PAL for the previous twelve (12) consecutive months is less than the PAL as a twelve (12) month average, 

rolled monthly; and 

2. For each month during the first eleven (11) months from the 

PAL effective date, the owner or operator shall demonstrate that 

the sum of the preceding monthly emissions from the PAL effective 

date for each emissions unit under the PAL is less than the PAL. 

(b) The PAL shall be established in a PAL permit that: 

1. Meets the public participation requirements in subsection (4) 

of this section; and 

2. Contains all the requirements of subsection (6) of this secflon. 

(c) A PAL shall include lugttive emissions, to the extent quantiliable, from all emissions units that emit or have the potential to 

emtt the PAL pollutant at the major stationary source. 

(d) Each PAL shall regulate emissions of only one (1) pollutant 

(e) Each PAL shall have a PAL effective period of ten (10) 

years. 

(f) The owner or operator of a major stationary source with a 

PAL shall comply with the monitoring, recordkeeping, and reporting 

requirements of subsections (11) to (13) of this section lor each 

emissions unit under the PAL through the PAL effective period. 

(g) Emissions reductions of a PAL pollutant that occur during 

the PAL effective period shall not be creditable as decreases for 

offsets under 40 C.F.R. 51.165(a)(3)(ii), unless: 

1. The level of the PAL is reduced by the amount of the emissions reductions; and 

2. The reductions will be credttable in the absence of the PAL. 

(4) Public participation requirements. PALs for existing major 

stationary sources shall be established, renewed, or increased 

pursuant to this subsection and the applicable procedures of 401 

KAR 52:100. The cabinet shall: 

(a) Provide the public w"1th nol"lce of the proposed approval of a 

PAL permit with at least a thirty (30) "day period for submittal of 

public comment; and 

(b) Address all material comments before taking final action on 

a PAL permit or permit revision. 

(5) Setting the ten (1 0) year PAL level. 

(a) The PAL level lor a major stationary source shall be the 

sum of the baseline actual emissions of the PAL pollutant lor each 

emissionS unit at the source during the chosen twenty-four (24) 

month period plus the applicable significant level for the PAL pollutant under the definition for "signtlicant" in 401 KAR 51 :001, Section i or under 42 U.S.C. 7401-7671 q, whichever is lower. 

(b) In establishing a PAL level for a PAL pollutant, only one (1) 

consecutive twenty-four (24) month period shall be used to determine the baseline actual emissions for all existing emissions untts. 

(c) A different consecutive twenty-four (24) month period may 

be used lor each different PAL pollutant 

(d) Emissions associated with units that were permanently shut 

down after the chosen twenty-four {24) month period shall be subtracted from the PAL leveL 

(e) Emissions from units for which actual construction began 

after the twenty-four (24) month period shall be added to the PAL 

level in an amount equal to the potential to emit of the units. 

(f) The cabinet shall spectfy a reduced PAL level in the PAL 

permft to become effective on the future compliance date of any 

appl"icable federal or state regulatory requkement that the cab"1net 

is aware of prior to issuance of the PAL permit. 

(6) Contents of the PAL permit. The PAL permit shall contain 

the following information: 

(a) The PAL pollutant and the applicable source-wide emissions limitation in tons per year; 

(b) The PAL permit effective date and the expiration date of the 

PAL or PAL effective period; 

(c) Specification in the PAL permit that if a major stationary 

source owner or operator applies to renew a PAL under subsection 

(9) of this section before the end of the PAL effective period, the 

PAL shall remain in effect until a revised PAL permit is issued by 

the cabinet; 

(d) A requirement that emissions calculations for compliance 

purposes include emissions from startups, shutdowns, and malfunctions; 

{e) A requirement that, once the PAL expires, the major stationary sowce shall be subject to. the requirements of subsection (8) 

olthis section; 

{I) The calculation procedures that the major stationary source 

owner or operator shall use to convert the monftoring system data 

to monthly emissions and annual emissions based on a twelve (12) 

month rolling total for each month as required by subsection 

(i 2)(a) of this section; 

(g) A requirement that the major stationary source owner or 

operator shall monitor all emissions units in accordance with the 

provisions in subsection (12) of this section; 

(h) A requirement that the owner or operator shall retain the 

records required under subsection (12) of this section on site. 

Records may be retained in an electronic format; 

(i) A requirement for the owner or operator to submit the reports required under subsection (13) of this section by the required 

deadl"mes; and 

UJ Any requirements necessary to implement and enforce the 

PAL. 

(7) PAL effective period and reopening of a PAL permit. 

(a) A PAL effective period shall be ten (1 0) years. 

(b) The cab"met shall reopen a PAL permit to·. 

1. Correct typographical or calculation errors made in setting 

the PAL; 

2. Reflect a more accurate determination of emissions used to 

establish the PAL; 

3. Reduce the PAL if the owner or operator of the major stationary source creates creditable emissions reductions lor use as 

offsets under 40 C.F.R. 51.165(a}(3)(ii); or 

4. Revise the PAL to reflect an increase in the PAL according 

to subsection (1 0) of this section. 

(c) The cabinet may reopen the PAL perrntt:, during the PAL 

effective period, to: 

1. Reduce the PAL to reflect newly applicable federal requirements with compliance dates after the PAL effective date; 

2. Reduce the PAL consistent with any requirement enforceable as a practical matter and imposed on the major stationary 

source urDer the SIP·, and 

3. Reduce the PAL if the cabinet determines that a reduction is 

necessary to avoid causing or contributing to: 

a. A National Ambient Air Quality Standard (NAAQS) or PSD 

increment violation; or 

b. An adverse impact on visibility or another air quality related 

value that has been identrried lor a federal Class I area by a federal 

land manager and for which information is available to the general 

public. 

(d) All permit reopenings shall be carried out under the public 

participation requirements of subsection {4) of this section except 

for permit reopenings to correct typographical or calculation of 

errors that do not increase the PAL level. 

(8) Expiration of a PAL. A PAL that is not renewed shall expire 

at the end of the PAL effective period, and the requirements of this 

subsection shall then apply. 

- 801 -
VOLUME 39, NUMBER 4- OCTOBER 1, 2012 

(a) Each emissions unit, or each group of emissions units, that 

existed under the PAL shall comply with an allowable emissions 

limitations under a revised permit established as follows: 

1. An owner or operator of a major stationary source using a 

PAL shall submit a proposed allowable emissions limitation for 

each emissions unit, or each group of emissions units, by distributing the P-AL allowable emissions for the major stationary source 

among each of the emissions units that existed under the PAL. 

a. This proposal shall be submitted to the cabinet at least six 

(6) months before the expiration of the PAL permit but not sooner 

than eighteen (18) months before permit expiration. 

b. If the PAL has not yet been adjusted for an applicable requirement that became effective during the PAL effective period, 

as required under subsection (9)(e) of this section, distribution of 

allowable emissions shall be made as if the PAL has been adjusted. 

2. The cabinet shall decide the date and procedure the owner 

or operator shall use to distribute the PAL allowable emissions. 

3. The cabinet shall issue a revised permit incorporating allowable limits for each emissions unit, or each group of emissions 

units, as the cabinet determines is appropriate. 

(b) Each emissions unit shall comply with the allowable emissions limitation on a twelve (12} month rolling basis. The cabinet 

may approve the use of monitoring systems other than GEMS, 

GERMS, PEMS, or CPMS if the alternate monitoring system demonstrates compliance with the allowable emissions limitation. 

(c) The source shall continue to comply with a source-wide, 

multiunit emissions cap equivalent to the level of the PAL emissions limitation until the cabinet issues the revised permit incorporating allowable limits for each emissions unit or each group of 

emissions units. 

(d) A major modification at the major stationary source shall be 

subject to major NSR requirements. 

(e) The major stationary source owner or operator shall continue to comply with any state or federal applicable requirements 

eliminated by the PAL that applied during or before the PAL effective period, except for those emissions limitations established pursuant to Section 16(4) of this administrative regulation. 

(9) Renewal of a PAL. 

(a) Public participation requirements. 

1. The cabinet shall follow the public participation procedures 

specified in subsection (4} of this section in approving a request to 

renew a PAL for a major stationary source. 

2. The cabinet shall provide a written rationale for the proposed 

PAL level for public review and comment. 

3. Any person may propose a PAL level for the source for consideration by the cabinet during the public review period. 

(b) Application deadline. 

1. A major stationary source owner or operator shall submit an 

application for renewal of a PAL at least six (6) months before the 

date of permit expiration but not earlier than eighteen (18) months 

before permit expiration. 

2. The deadline for application submittal shall ensure that the 

permit shall not expire before the permit is renewed. 

3. If a complete application for renewal is submitted within the 

timeframe specified in subparagraph 1 of this paragraph, the PAL 

shall continue to be effective until the revised permit with the renewed PAL is issued. 

(c) Application requirements. The application to renew a PAL 

permit shall contain: 

1. The information required in subsection (2} of this section; 

2. A proposed PAL level; 

3. The sum of the potential to emit of all emissions units under 

the PAL with supporting documentation: and 

4. Any other information the owner or operator wishes the cabinet to consider in determining the appropriate level to renew the 

PAL 

{d) PAL adjustment. 

1. A PAL shall not exceed the source's potential to emit. The 

cabinet shall adjust the PAL downward if a source's potential to 

emit has declined below the PAL level. 

2. The cabinet may renew the PAL at the same level as the 

current PAL if the sum of the baseline actual emissions for all 

emissions units at the source plus an amount equal to the significant level is equal to or greater than eighty (80) percent of the 

current PAL level, unless the sum is greater than the source's potential to emit. 

3. If the sum of the baseline actual emissions for all emissions 

units at the source plus an amount equal to the significant level is 

less than eighty (80) percent of the current PAL level, the cabinet 

may set the PAL at a different level if the level is determined to be: 

a. More representative of the source's baseline actual emissions; or 

b. Appropriate considering the following factors: 

(i) Air quality needs; 

(ii) Advances in control technology; 

(iii) Anticipated economic growth in the area of the source; 

(iv) The cabinet's goal of promoting voluntary emissions reductions; 

(v) Cost effective emissions control alternatives; and 

(vi) Other factors as specifically identified by the cabinet in its 

written rationale for setting the PAL level. 

4. The cabinet shall not approve a renewed PAL level higher 

than the current PAL, unless the major stationary source has complied with the provisions of subsection (1 0) of this section. 

(a) The PAL shall be adjusted in conjunction with PAL permit 

renewal or Title V permit renewal, whichever comes first, if: 

1. The compliance date for a stale or federal applicable requirement that applies to the PAL source occurs during the PAL 

effective period; and 

2. The cabinet has not already adjusted for the requirement. 

(10) Increasing a PAL during the PAL effective period. The 

cabinet may increase a PAL emissions limitation during the PAL 

effective period if the major stationary source complies with the 

provisions of this subsection. 

(a) Application procedures. To request an increase in the PAL 

limit for a PAL major modification, the owner or operator of the 

major stationary source shall submit a complete application, which 

shall include: 

1. Identification of the emissions units contributing to the increase in emissions that cause the source's emissions to equal or 

exceed its PAL; 

2. Demonstration that the increased PAL, as calculated in paragraph (c) of this subsection, exceeds the PAL; and 

a. The level of control that results from BACT equivalent controls on each significant or major emissions unit shall be determined by conducting a new BACT analysis with the application 

submtttal, unless the emissions unit is currently required to comply 

with a BACT or LAER requirement that was established within the 

preceding ten (1 0) years; 

b. If an emissions unit currently complies with BACT or LAER, 

the assumed control level for that emissions unit shall be equal to 

the current level of BACT or LAER for that emissions unit; and 

3. A statement that the increased PAL level shall be effective 

on the day any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant. 

(b) NSR permit and compliance requirement. The owner or 

operator shall obtain a major NSR permit for all emissions units 

contributing to the increase in emissions for the PAL major modification. 

1. A significant level shall not apply in deciding for which emissions units a major NSR permit shall be obtained; and 

2. Emissions units that obtain a major NSR permit shall comply 

with any emissions requirements resulting from the major NSR 

process, even though the units shall also become subject to the 

PAL or shall continue to be subject to the PAL. 

(c) Calculation of increased PAL. The cabinet shall calculate 

the new PAL as the sum of the allowable emissions for each modified or new emissions unit, plus the sum of the baseline actual 

emissions of the significant and major emissions units assuming 

application of BACT equivalent controls, plus the sum of the baseline actual emissions of the small emissions units. 

(d) Public notice requirement. The public notice requirements 

of subsection (4) of this section shall be followed during PAL permit 

revision for an increased PAL level. 

(11} Monitoring requirements for PALs. 

(a} General requirements. 

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VOLUME 39, NUMBER 4- OCTOBER 1, 2012 

1. Each PAL permit shall contain enforceable requirements for 

the chosen montioring system that accurately determines plantwide emissions of the PAL pollutant in terms of mass per unit of 

time; 

2. A monitoring system authorized for use in the PAL permit 

shall be: 

a. Approved by the cabinet pursuant to this subsection; and 

b. Based on sound science and meet generally acceptable 

scientific procedures for data quality and manipulation; 

3. The data generated by a monitoring system shall meet minimum legal requirements for admissibility in a judicial proceeding to 

enforce the PAL permit; 

4. The PAL monitoring system shall employ one (1) or more of 

the four (4) general monitoring approaches meeting the minimum 

requirements set forth in paragraph (b) of this subsection; 

5. The cabinet may approve an alternative monitoring approach that meets the requirements of subparagraphs 1 to 3 of this 

paragraph; and 

6. Failure to use a monitoring system that meets the requirements of this section shall render the PAL invalid. 

{b) Minimum performance requirements for approved monitoring approaches. If conducted in accordance with the min"rmum 

requirements in paragraphs (c) to (i) of this subsection, the following shall be acceptable monitoring approaches: 

1. Mass balance calculations for activities using coatings or 

solvents; 

2. GEMS; 

3. CPMS or PEMS; and 

4. Emission factors. 

(c) Mass balance calculations. An owner or operator using 

mass balance calculations to monitor PAL pollutant emissions from 

activities using coatings or solvents shall: 

1. Provide a demonstrated means of validating the published 

content of the PAL pollutant contained in or created by all materials 

used in or at the emissions unit; 

2. If the PAL pollutant cannot be accounted for in the process, 

assume that the emissions unit emits all of the PAL pollutant contained in or created by any raw material or fuel used in or at the 

emissions unit; and 

3. II the vendor of the material or fuel from which the pollutant 

originates publishes a range, use the highest value of the published range of pollutant content to calculate the PAL pollutant 

emissions, unless the cabinet determines there is site-specific data 

or a site-specific monitoring program to support another pollutant 

content within the. range. 

{d) GEMS. An owner or operator using GEMS to monitor PAL 

pollutant emissions shall meet the following requirements: 

i. GEMS shall comply with applicable performance specifications found in 40 G.F.R. Part 60, Appendix B; and 

2. GEMS shall sample, analyze, and record data at least every 

fifteen (15) minutes while the emissions unit is operating. 

(e) GPMS or PEMS. An owner or operator using CPMS or 

PEMS to monitor PAL pollutant emissions shall meet the following 

requirements: 

1. The CPMS or the PEMS shall be based on current sitespecific data demonstrating a correlation between the monitored 

parameter and the PAL pollutant emissions across the range of 

operation of the emissions unit; and 

2. While the unit is operating, each CPMS or PEMS shall sample, analyze, and record data at least every fifteen (15) minutes, or 

at another less frequent interval if approved by the cabinet. 

(f) Emission factors. An owner or operator using emission factors to monitor PAL pollutant emissions shall meet the following 

requirements: 

1. All emission factors shall be adjusted, if appropriate, to account for the degree of uncertainty or limitations in the factors' 

development; 

2. The emissions unit shall operate within the designated range 

of use for the emission factor, if applicable; and 

3. The owner or operator of a significant emissions unit that 

relies on an emission factor to calculate PAL pollutant emissions 

shall conduct validation testing to determine a site-specific emission factor within six (6) months of PAL permit issuaoce if the cabinet determines that the testing is required and technically practicable. 

(g) A source owner or operator shall record and report maximum potential emissions without considering enforceable emissions limitations or operational restrictions for an emissions unit 

during any period of time there is no monitoring data, unless 

another method for determining emissions during such periods is 

specified in the PAL permit. 

(h) If an owner or operator of an emissions unit cannot demonstrate a correlation between the monitored parameters and the 

PAL pollutant emissions rate at all operating points of the emissions unit, as an alternative to the requirements of paragraphs (c) 

to (g) of this sibsection, in conjunction with permit issuance the 

cabinet shall: 

1. Establish default values for determining compliance with the 

PAL based on the highest potential emissions reasonably estimated at operating points; or 

2. Determine that operation of the emissions unit during operating conditions if there is not a correlation between monitored 

parameters and the PAL pollutant emissions is a violation of the 

PAL. 

(r} Revarrdation. All data used to establish the PAL pollutant 

shall be revalidated thrOugh performance testing or other scientifically valid means if approved by the cabinet. Validation testing 

shall occur at least once every five (5) years after issuance of the 

PAL. 

(12) Recordkeeping requirements. 

(a) The PAL permit shall require an owner or operator to retain 

a copy of all records necessary to determine compliance with any 

requirement of this section and of the PAL, including a determination of each emissions unit's twelve (12) month rolling total emissions for five (5) years from the date of the determination. 

(b) The PAL permit shall require an owner or operator to retain 

a copy of the following records for the duration of the PAL effective 

period plus five (5) years: 

1. A copy of the PAL permit application and any applications 

for revisions to the PAL; and 

2. Each annual certffication of compliance pursuant to Title V 

and the data used to certify compliance. 

(13) Reporting and notification requirements. The owner or 

operator shall submit semiannual monitoring reports and prompt 

deviation reports to the cabinet in accordance with 401 KAR 

52:020, 52:030, and 52:040 that meet the following requirements: 

(a) Semiannual report. The semiannual report shall be submitted to the cabinet within thirty (30} days of the end of each reporting period and shall contain: 

1. The identification of owner and operator and the permit 

number; 

2. Total annual emissions, in tpy, based on a twelve (12) 

month rolling total for each month in the reporting period recorded 

pursuant to subsection (12)(a) of this section; 

3. All data used in calculating the monthly and annual PAL 

pollutant emissions, including any quality assurance or quality 

control data; 

4. A list of any emissions units modified or added to the major 

stationary source during the preceding six (6) month period; 

5. The number, duration, and cause of any deviations or monitoring malfunctions, other than the time associated with zero and 

span calibration checks, and any corrective action following a deviation; 

6. A notification of permanent or temporary shutdown of any 

monitoring system including: 

a. The reason lor the shutdown; 

b. The anticipated date that the monitoring system shall be fully 

operational or shall be replaced with another monitoring system; 

c. If applicable, a statement that the emissions unit monitored 

by the monitoring system continued to operate without the monitoring system; and 

d. The calculation of the emissions of the pollutant or the number determined according to subsection (11)(g} of this section that 

is included in the permit; and 

7. A signed statement by the responsible official, as defined by 

401 KAR 51:001, Section 1(210}, certifying the truth, accuracy, and 

completeness of the information provided in the semiannual report . 

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VOLUME 39, NUMBER 4- OCTOBER 1, 2012 

(b) Deviation report. The major stationary source owner or 

operator shall submit reports of any deviation or exceedance of the 

PAL requirements, including periods monitoring is unavailable. 

1. A report submitted pursuant to 40 C.F.A. 70.6(a){3)(1ii)(B) 

shall satisfy the deviation reporting requirement; 

2. The deviation report shall be submitted within the time limits 

prescribed by 40 C. F. A. 70.6(a)(3)(iii){B); 

3. The deviation report shall contain the following information: 

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

number; 

b. The PAL requirement that experienced the deviation or that 

was exceeded; 

c. Em'rssions resulting from the deviation or the exceedance; 

aod 

d. A signed statement by the responsible official, as defined by 

401 KAA 51 :001, Section i (21 0), certifying the truth, accuracy, and 

completeness of the information provided in the report. 

(c) Revalidation results. The owner or operator shall submit to 

the cabinet the results of any revalidation test or method within 

three {3) months after completion of the lest or method. 

(14) Transition requirements. 

(a) After the U.S. EPA approves the Kentucky SIP revisions for 

the PAL provisions published in 67 Fed. Reg. 80186, December 

31,2002, the cabinet shall only issue a PAL that complies with the 

requirements of this section. 

{b) The cabinet may supersede a PAL that was established 

before August 10, 2006, with a different PAL if the new PAL complies with the requirements of this administrative regulation. 

LEONARD K. PETERS, Secretary 

APPROVED BY AGENCY: September 11, 2012 

FILED WITH LAC: September 12, 2012 at 11 a.m. 

CONTACT PERSON: Laura Lund, Environmental Technologist 

Ill, Division lor Air Quality, ist Floor, 200 Fair Oaks Lane, Frankfort, Kentucky 40601, phone (502) 564-3999, ext. 4428, fax {502} 

564-4666, and email Laura.Lund@ky.gov. 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT 

Contact person: Laura Lund, Environmental Technologist Ill 

{1) Provide a brief summary of: 

(a) What this administrative regulation does: This administrative regulation provides for the prevention of significant deterioration (PSD) of ambient air quality, and applies to major stationary 

sources and major modifications constructing in areas that are 

maintaining the National Ambient Air Quality Standards (NAAQS). 

(b) The necessity of this administrative regulation: This administrative regulation is necessary to continue to receive full approval 

of the PSD program into the Kentucky State Implementation Plan 

(SIP} and remain the PSD permitting authority. 

{c) How this administrative regulation conforms to the content 

of the authorizing statutes: KAS 224.10-1 00(5) requires the cabinet 

to promulgate administrative regulations for the prevention, abatement, and control of air pollution. This administrative regulation 

conforms to 42 U.S.C. 7470, which authorizes the federal PSD 

program. 

(d) How this administrative regulafron currenUy assists or will 

assist in the effective administration of the statutes: This administrative regulation establishes the requirements for issuing permits 

to stationary sources in areas where the NAAQS have been attained. 

(2) If this is an amendment to an existing administrative regulation, provide a brief summary of: 

(a} How the amendment will change this existing administrative 

regulation: This amendment is in response to a comment received 

during the public comment period. The Cabinet is referencing the 

most recent C.F.A.. 

{b) The necessity of the amendment to this administrative 

regulation: Including the date of the version of the C.F.A. being 

referenced eliminates uncertainty for the regulated community. 

(c) How the amendment conforms to the content of the authorizing statutes: 42 U.S.C. 7410{a)(1) requires each state to adopt 

and submit a plan providing for the implementation, maintenance, 

and enforcement of a NAAQS. This amendment maintains consistency with corresponding federal requirements and eliminates 

regulatory uncertainty. 

(d) How the amendment will assist in the effective administration of statutes: Th'1s amendment elim'mates regulatory uncerta'mty. 

(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: Any new major stationary source or any project at 

an existing major stationary source that commences construction 

after September 22, 1982, and locates in an area designated attainment or unclassifiable is affected by this administrative regulalion. 

(4) Provide an assessment of how the entfties identified in 

question (3) will be impacted by either the implementation of this 

administrative regulation, ff new, or by the change ff it is an 

amendment: Amendments to the current regulation include the 

permitting elements relating to PM~.s emissions. Entfties subject to 

this regulation are to provide PM2.s emissions data and demonstrate that the project emissions do not cause or contribute to a 

violation of the NAAQS. In the past, DAQ has used PM1o as a surrogate for PM2 5 due to inadequate test methods and the lack of 

implementation elements. However, the U.S. EPA has determined 

that the appropriate data and technology are now available and the 

use of the PM1o surrogacy policy is no longer allowed. 

(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: Affected facilities' permit applications will 

be required to provide emissions data lor PM2.s and demonstrate 

that the project's emissions do not cause or contribute to a violation of the PM2.s NAAQS. 

(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): Affected facilities will incur the cost necessary to obtain a 

permit that includes an evaluation of PM2.s emissions. 

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

entities identified in question (3}: When operating in compliance, 

the affected facilities will not be subject to enforcement actions and 

penalties. Furthermore, compliance with the Clean Air Act requirements preserves and improves air quaHty throughout the Commonwealth. 

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

(a) Initially: The Cabinet will not incur any additional costs for 

the implementation of this administrative regulation. 

(b) On a continuing basis: There will not be any additional continuing costs for the implementation of this administrative regulation. 

(6) What is the source of the funding to be used for the implementation and enforcement ct this administrafrve regulation: The 

Cabinet's current operating budget will be used for the implementation and enforcement of this administrative regulation. 

(7} Provide an assessment of whether an increase in fees or 

funding will be necessary to implement this administrative regulation, ff new, or by the change if it is an amendment. No increase in 

fees or funding is necessary to implement this administrative regulation amendment. 

{8) State whether or not this administrative regulation establishes any fees or drrectly or indirectly increases any lees. This 

administrative regulation does not establish, nor directly or indirectly increase, any fees. 

(9) TIERING: Is tiering applied? Yes. This administrative regulation only applies to new major stationary sources, or an existing 

major stationary source with a project, that commences construction after September 22, 1982, and is located in an area designated attainment or unclassifiable. 

FEDERAL MANDATE ANALYSIS COMPARISON 

1. Federal statute or regulation constftuting the federal 

mandate. As a SIP-approved state for the PSD program under 40 

C.F.R. 51,166, recent changes in the federal PSD program make it 

necessary to revise this regulation to maintain federal approvability. 42 U.S.C. 7410(a){1) requires Kentucky to adopt and submit a 

plan providing for the implementation, maintenance, and enforcement of a NAAQS. 

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VOLUME 39, NUMBER 4- OCTOBER 1, 2012 

2. State compliance standards. The state compliance standards are found in KRS 224.10-100(5). 

3. Minimum or uniform standards contained in the federal 

mandate. The Clean Air Act requires applicable sources demonstrate that any major construction or major modification will not 

cause emissions to cause or contribute to a violation of the 

NAAQS. 40 C.F.A. 51.166 is the federal rule that provides the 

framework to establish a plan and requirements necessary to receive full approvaJ into the Kentucky SIP. 

4: Will this administrative ·regulation impose stricter requirements, or additional or different responsibilities or requirements, 

than those required by the federal mandate? No. This regulation is 

no more stringent than the federal rule, codffied in 40 C.F.R. 

51.166, and no more stringent than the federal mandate established by 42 U.S.C. 74jJ1-7626. 

5. Justification lor the imposition of the stricter standard, or 

additional or different responsibilities or requirements. Stricter 

standards and requirements are not imposed. 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT 

1. Wha~ units, parts or divisions of state or local government 

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

be impacted by this administrative regulation? The Division for Air 

Quality will continue to implement and enforce the PSD program. 

Also, state and local governments constructing or modifying a major stationary source in an area classified as attainment or unclassified will be impacted by this administrative regulation. 

2. ldentrfy 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); 40 C.F.R. 51.166; and 42 

U.S.C. 7401-7671q. 

3. Estimate the effect of this administrative regulation on the 

, expendttures and revenues of a stale or local government agency 

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

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

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

fire departments, Or school districts) for the first year? This administrative regulation generates no revenue. 

(b) How much revenue will this administrative regulation generate for the state or local government {including ctties, counties, 

fire departments, or school districts) lor subsequent years? This 

administrative regulation generates no revenue. 

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

year? The Cabinet's existing operating budget is the source of 

funding for the implementation of this program. 

(d) How much will tt cost to administer this program for subsequent years'? There will be no adt:fltional costs for adm'tnister"mg 

this program in subsequent years. 

Note: If specific dollar estimates cannot be determined, provide 

a brief narrative to explain the fiscal impacts of the administrative 

regulation. 

Revenues(+/-): There is no known effect on current revenues. 

Expenditures (+/-): There is no known effect on current expenditures. 

Other Explanation: There is no further explanation. 

CABINET FOR HEALTH AND FAMILY SERVICES 

Office of Health Policy 

{Amended After Comments) 

900 KAR 6:060. Timetable for submission of Certificate of 

Need applications. 

RELATES TO: KRS 2168.010,2168.062,2168:990 

STATUTORY AUTHORITY: KRS 194A.030, 194A.050, 

216B.040(2)(a)1, 2168.062(1) 

NECESSITY, FUNCTION, AND CONFORMITY: KRS 

216j3.040(2)(a)1 requires the Cabinet for Health and Family Services to administer Kentucky's Certificate of Need Program and to 

promulgate administrative regulations as necessary lor the program. KRS 2168.062(1) and (2) require the cabinet to promulgate 

administrative regulations to establish timetables and batching 

groups for applications for certificates of need. This administrative 

regulation establishes the timetable for submission of application 

requirements necessary lor the orderly administration of the Certificate of Need Program. 

Section 1 Definitions. (1) 'Cabinet" is defined by KRS 

2168.015(5). 

(2) "Certificate of Need Newsletter" means the monthly newsletter that is published by the cabinet regarding Certificate of 

Need matters and is available on the Certificate of Need Web stte 

at http://chfs.ky.gov/ohplcon. 

(3) "Formal review" means the review of applications for Certff· 

icate of Need which are reviewed within ninety (90) days from the 

commencement of the review as provided by KRS 2168.062(1) 

and which are reviewed for compliance with the review criteria set 

forth at KRS 2168.040 and 900 KAR 6:070. 

(4) "Long-term care beds" means nursing home beds, intermediate care beds, skilled nursing beds, nursing facility beds, and 

Alzheimer nursing home beds. 

(5) 'Nonsubstantive review' is defined by KRS 2168.015(17). 

(6) "Public information channels" means the Office ct Communication and Administrative Review in the Cabinet for Health and 

Family Services. 

(7) "Public notice" means notice given through: 

(a) Public information channels; or 

(b) The cabinet's Certificate of Need Newsletter. 

Section 2. Timetable for Submission of Applications. (t) The 

cabiners timetable for giving public notice lor applications deemed 

comjlete for formal rev'1ew and lor apprtcaf1ons granted nonsubstantive review status pursuant to KRS 2168.095(3)(1) and 900 KAR 

6:075 shall be as established in this subsection: 

{a) Public notice for organ transplantation, magnetic resonance 

imaging, megavoltage radiation equipment, cardiac catheterization, 

open heart surgery, posttron emission tomography equipment, 

Level I psychiatric residential treatment facility (level i PRTF), 

Level II psychiatric residential treatment facility (level II PRTF), 

and new technological developments shall be provided on the third 

Thursday of the following months: 

1. January; and 

2. July. 

(b) Public notice for residential hospice faciltlies, hospice 

agencies, and home health agencies shall be provided on the third 

Thursday of the following months: 

1. February; and · 

2. August. 

(c) Public notice for ground ambulance providers, private duty 

nursing services, mobile services, and rehabilitation agencies shall 

be provided on the third Thursday of the following months: 

1. March; and 

2. September. 

(d) Public notice for day health care programs, prescribed pediatric extended care facilities, and personal care beds shall be 

provided on the third Thursday of the following months: 

1. April; and 

2. October. 

(e) Public riotice tor long-term care beds, acute care hospitals 

including all other State Health Plan covered services to be provided within the proposed acute care hospital, acute care hospttal 

beds, psychiatric hospital beds, special care neonatal beds, comprehensive physical rehabilitation beds, chemical dependency 

beds, limtted services clinics, ambulatoty care centers, freestanding ambulaloty surgical centers, outpatient health care centers, 

and birthing centers shall be provided on the third Thursday of the 

following months: 

1. May; and 

2. November. 

(f) Public notice for intermediate care beds for mental retardation and developmentally disabled facilities shall be provided on 

the third Thursday of the following months: 

1. June; and 

2. December. 

(g) A proposal not included in paragraphs (a) through (f) of this 

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