# PUBLIC NOTICE REQUIREMENTS

•



# •

### NOTICE OFPUBLICHEARING KENTUCKYDIVISIONFORAIR QUALITY TOREVISE KENTUCKY'S STATEIMPLEMENTATIONPLANAND AIRQUALITYREGULATIONS

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. Tbishearingwillbeheldto receive comments on

### the following proposed administrativeregulations:**~01** 

### KAR 51:001. Definitions for 401 KARChapter 51. (Amendment)

401 KAR 51:017. Prevention ofsignificant deterioration ofair quality. (Amendment) 

### 401 KAR 51:052. Review ofnew sourcesin orimpacting 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 ofthe PM25 

### NAAQS. This regulatory actionestablishes significant impact levels, significantmonitoringcOncentrations, andbaseline dates forthe

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

### PM2.5 and 

### PM2

. 5precursors. The definition of"Regulated NSRpollutant" has been amended for consistency with the correspondingfederal 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

### inwrittenform, ifpossible. Writtencomments mustbereceivedby closeofbusiness on July 31, 2012, to be considered part ofthe hearing record. The Energy and Environment Cabinet does not discriminate onthebasis ofrace, color,national origin, sex, age, religion, or disability andprovides, uponrequest, reasonable accommodation including auxiliary 

### aids and services necessary to afford an individual with a disability an equalopportunityto participatein

## all services, programs, and activities. Thefull texts ofthe proposed regulations are available for public inspection and copying duringregular business hours (8:00 a.m. to 4:30p.m., Local Time) at the locations listed below. Any indiVidual requiring copies may submit arequestto theDivisionfor AirQualityinwriting, bytelephone, byfax, orbyeMmail. Requests forcopies should be directed to the contact person. The proposed :idministrative regulations can be accessed at: http://www.lrc.state.ky.usJKAR/TITLE401.htm. 

### CONTACT PERSON: LauraLund, Environmental Technologist III, RegulationDevelopment 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 BowlingGreenRegional 850 BarretAve#205 1550Wolohan Dr

### #1 1508Westen Ave Louisville,KY 40204 Ashland,KY 41102 Bowling Green, KY 42104 Florence Regional FrankfortRegional HazardRegional 8020 VeteransMemorialDr 200 FairOaks Ln. 233 Birch St Suite 110 3rt! Floor Suite 2 Florence, KY 41042 Frankfort, KY 4060I Hazard, KY 41701 London Regional Owensboro Regional PaducahRegional 875 SMain St 3032 AlveyParkDrW 130Eagle NestDr 

### London, KY 40741 Suite 700 Paducah, KY 42003 Owensboro, KY 42303 Fayette County Clerk Hardin

### County Clerk Henderson County Clerk 162EMainSt Hardin Co Courthouse Henderson Co Courthouse Lexington, KY 40507 Elizabethtown, KY 42701 Henderson, KY42420

## 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



## TheKentuckyDivisionfor

## Air

## Quality filedthefollowing proposedadministrativeregulationamendments

## Viith theLegislativeResearchCommissiononJune 14,2012. 

## 401 KAR51:001. Defmitions for401 KARChapter51. 401 KAR51:017. Prevention ofsignificantdeteriorationofairquality. 401 KAR51:052. Review ofnew sources in orimpactinguponnonattainmentareas. TheseadministrativeregulationswillbepublishedintheJuly 1, 2012,

## AdministrativeRegisterof Kentucky. Pleaserefer to theattachedpublichearingnoticeforthetimeandlocationofthehearing 

## as well

## as the endofthecommentperiod. 

## Thanks, LauraLund LauraLund,EnvironmentalTechnologistIII KentuckyDivisionfor AirQuality ProgramPlanning & 

### AdministrationBranch RegulationDevelopmentSection Phone: (502) 564-3999, ext.4428 E-mail:**Laura.Lund@ky.~ov**

1

### Steven L Beshear Governor



## DearConcernedCitizen: Energyand Environment Cabinet Departmentfor Environmental Protection Division for Air Quality 200 Fair Oaks Lane, 1st Floor Frankfort, Kentucky 40601-1403 air.ky.gov



## June20, 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 administrativeregulation amendments: 401 KAR51:001. Defmitionsfor 401 KARChapter51. 401 KAR51:017. Preventionofsignificant deteriorationofairquality. 401 KAR51:052. Reviewofnew sources in orimpactingupon nonattainmentareas. 

## The Division filed the proposed administrative regulation amendments with the Legislative Research CommissiononJune 14, 2012. The administrative regulfttions

## will bepublished 

## inthe July 

## 1, 2012,

## AdministratiVeRegisterof Kentucky. The Division requests that any affected individuals, businesses, and other entities submit writtencomments ontheproposed amendments. Copies ofthe regulations may

## beobtainedfrom theLRCwebsite, shownbelow; orbycontactingtheDivisionfor

## Air Quality. http://www.lrc.ky.gov/kar/title401.htm Pleasereferto the attached publichearing noticefor informationregarding the date, time, and locationofthepublic-hearing andwrittencommentsubmittal. Please contact Laura Lund at (502) 564-3999, extension 4428, or Laura.Lund@ky.gov with anyquestions orconcerns.

Enclosures KentuckyUnbridledSpirit.com 

## Sincerely,

LauraLund,EnvironmentalTechnologist

## ill RegulationDevelopment Sectipn ProgramPlanning andAdministrationBranch

An

### Equal OpportunityEmployerM!F/D

### Steven 

### L. Beshear Governor



## DearConcernedCitizen: Energy and EnvironmentCabinet Departmentfor 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 Divisionfor 

## Air Quality

## has enclosedapublichearingnotice and RegulatoryImpact.A..D.alyses for thefollowingproposedadministrativeregulationamendments: 401 KAR51:001. Definitions for401 KAR Chapter51. 401 KAR51:017. Preventionofsignificantdeteriorationofairquality. 401 KAR51:052. Reviewofnew sources in

### orimpactinguponnonattainmentareas. 

## The Division filed the proposed administrative regulation amendments with the Legislative Research CommissiononJune 14, 2012. The administrativeregulations willbe published inthe July 

## 1, 2012,

## AdministrativeRegisterof Kentucky. The Division requests that any affected individuals, businesses, and other entities submit writtencomments ontheproposed amendments. Copies oftheregulationsmaybeobtainedfrom theLRC website, shownbelow, orbycontactingtheDivisionfor

## AirQuality. 

## http://www.lrc.ky.gov/karltitle401.htm Please referto the attachedpublichearing notice for informationregardingthe date, time, and locationofthepublichearing andwritten comment submittal. Please contact Laura Lund at (502) 564-3999, extension 4428, or Laura.Lnnd@ky.gov with any questions orconcerns.

Enclosures KentuckyUnbridledSpirit.com 

## Sincerely,

LauraLund, EnvironmentalTeclmologistIII RegulationDevelopmentSeCtion ProgramPlanningandAdministrationBranch

An 

### Equal OpportunityEmployerMIF/D 

# I

## Lund, Laura (EEC) From: 

## Sent: To: Subject: 

### Lund, Laura (EEC) Tuesday, June 19,20122:35PM 

### 'Alvey, Sharon' Attachments: Kentucky Division for Air Quality requests the publication ofa.public hearing notice Henderson ltr.doc; Henderson PHN.doc



## Attachedisaletterrequestingthepublicationofapublichearingnoticeandthe noticefor which we arerequestingpublication. Billinginformationis alsoincludedintheletter. Ifyouhave any questions aboutthispublicationorbilling, pleasefeel'freetocontactme. Thankyou, 

## LauraLund lauraLund,

### EnvironmentalTechnologistIII KentuckyDivisionfor AirQuality ProgramPlanning & 

### AdministrationBranch RegulationDevelopmentSection Phone: (502) 564-3999, ext.4428 E-mail: Laura.Lund@ky.gov

1Steven 

### L. Beshear Governor



## Editor The Gleaner DisplayAdvertising 

## P.O. Box4 Energy and Environment Cabinet Departmentfor Environmental Protection Division forAir Quality 200 Fair Oaks Lane, 1st Floor Frankfort, Kentucky 40601·1403 air.ky.gov



## June 19,2012

Henderson, Kentucky42419-0004 DearEditor: Leonard K. Peters Secretary



## Please publishthe attached notice as aprominent classified advertisementinthepublic notice or legal ads section ofyour newspaper as soon as possible.**Th~** 

## advertisement should be two columnswidewithlengthnecessarytoaccommodatethetext. Billing and proof ofpublication should be mailed to the following address immediately after publication. MicheleKoziol Administration Section DivisionforAirQuality 1stFloor 200 Fair Oaks Lane Frankfort, Kentucky40601 

## Payment cannot be made until proof ofpublication is received, which consists ofone 

## (1) full page containing the advertisement. Please confirm receipt of this request, which is being transmittedviae-maiL Contactmewith anyquestionsyoumayhavebyphone at (502) 564-3999 ext. 4428, bye-mailatLaura.Lund@ky.gov, orbyfax at (502) 564-4666. Thankyou. Sincerely, 

# .£.awta

# .&nd RegulationDevelopment Section ProgramPlanning & 

## AdministrationBranch Attachment cc: MicheleKoziol KentuckyUnbridledSpirit.com 

# Zl.

# tu~**1\.et!~o**

# SPIRrr'Y AnEqual Opportunity Employer

### M/F!DP.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 FORAIR 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

'leasedetach andsubmitwith your payment Line

PUBLIC HEARING 

### us

Trans Type Section Location



### ANY

.,_ c Ad Size Qty2X6



# JUl 1 8 2012**------~--** Net Amount

3ill To: LEGAL-DIVISION FORAIR QUALITY 200 FAIR OAKS LANE 1ST FLRADMINISTRATION 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 Box630871 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 doubtyou have overlooked paymentofthe amountdue. Your paymentwill be greatly appreciated.

Please send payments onlyto 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 

# ' JUNKCARS/TRUCKS A used cars &more**~.i!k,** call (270)993-8894 ;e (855)375-5336 

### /CASH PAID* tied,Junk or Non-running :.'&trucks. Antiquesto new

. i:ars. Top Dollar. WeTow. ,ro-827-4370 or 812-598-0363 ;HEAP MOVING& HAULING

I Buy Cars w/oTitles (812)598·6300 

### PAYING CASH FOR 

### JUNK CARS & TRUCKS Any size

- 

### 7days aweek 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., Suite420 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. Definitionsfor401 KAR-Chapter 51. (Amendment) 401 KAR 51:017. Prevention ofsignificantdeteriorationofair qual·

ity, (Amendment)

. 401 KAR51:052. Reviewof

### new sources InorImpactinguponROnattainment 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 

### aviolation ofthe PM2.5 NAAQS. This regulatory action establishes significant iinpact levels, signifi-. cant mol'lltoring.concentrations, and baseline datesforthe 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 writtenform, ifpossible. Written comments mustbe received by close of busmess on July 31, 2012, to be considered part-ofthe 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 ofthe 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) atthe location listed below. Any individual reqf.liring copies may submit a request to the Division for Air Quality in writing, bytelephone, byfax, or i:ly e-m·ail. "Requestsfor 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, Kentucky40601. 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, KY42420**---~·--••** 

### 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

NetAmount

--------:.--:-.

## -_--------:-:-::-:-:::::-



# 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 ofthe amountdue. Your paymentwill be greatlyappreciated.

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 ofa public hearing notice Ashland News·ltr.doc; Ashland PHN.doc



## Attachedis a letterrequestingthepublicationofapublichearingnotice andthenotice for which we arerequestingpublication. Billinginformationis also included 

## inthe letter. 

## Ifyouhaveany questions aboutthispublicationorbilling,please feel free to contactme. Thankyou, LauraLund

LauraLund,EnvironmentalTechnologistIII KentuckyDivisionforAirQuality 

### ProgramPlanning& 

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

### E-mail: Laura.Lund@ky.gov

1

### Steven 

### L. Beshear Governor



## Editor DailyIndependent 

## DisplayAdvertising P.O. Box 311 Energy and EnvironmentCabinet Departmentfor Environmental Protection Division forAir Quality 200 FairOaks Lane, 1st Floor Frankfort, Kentucky 40601-1403 air.ky.gov



## June 19, 2012



## 226 SeventeenthStreet Ashland, Kentucky41105-0311 

## DearEditor: Leonard K. Peters Secretary



## Pleasepublishthe attached notice

# as aprominent classified advertisement inthe publicnotice or legal ads section of your newspaper 

# as soon as possible. The advertisement should be two columns wide withlengthnecessaryto accommodatethetext. Billing and proof ofpublication should be mailed to the following address immediately after publication. MicheleKoziol AdministrationSection DivisionforAirQuality 181

## Floor 200FairOaksLane Frankfort,Kentucky40601 

## Payment cannot be made until proofofpublication is received, which consists ofone (1) 

## full page containing the advertisement. Please confirm receipt of this request, which is being transmittedviae-mail. Contactme with any questions youmayhavebyphone at (502) 564-3999 ext. 4428,bye-mail atLanra.Lund@ky.gov, orbyfax at(502) 564-4666. Thankyou. 

## Sincerely, 

# .fuwux.J:und RegulationDevelopment Section ProgramPlanning & 

## AdministrationBranch Attachment 

## cc: Michele Koziol KentuckyUnbridledSpirit.com A.n 

### Equal Opportunity Employer WF/D

## THE INDEPENDENT THE GREENUP COUNTY NEWSTIMES 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' ANDAIR QUALITY RE!3ULATIONS TheKentucky

### EnergyandEqvironmentCabinetWillconduct'a-publichearingonJuly 24, 2012,

### at 1o:ooa.l:n. (LocalTime)inCOnfer- ence RoOm 201B ofthe Divisionfor Air Quality, 200FairOaks Lane, Frankfort, Kentucky. This heating

### will be h!Jldto receive ct>=entsonthe**~llowirig**proposedadministrativeregulations: 4,01 KAR 51:001. 'Definitions fdr 401 KAR Chaptel' 51. (Amendment)

·401KAR 51:017. Preventic,on ofsignificantdeterioration ofairquality.**(Am~dment)** , • .j.o.t KAR51:052. Review**~;Jfn"ew**sow.-cesinorimpacting upon**no~ttainment**al."eas. (Amendment)- _Theamendmentstotheseadminls'tratiVeregulationsreYise

### definitions to reflecttheNewSourceReView {NSR) program atthefederallevel. The'amendmentsincludetherequirementsnecessaryto determinewhethera'constructionproject'semissionswillcauseor contributetoaViolationofthePM2.5NMQS. This regulatoryac- tion establishes significantimpactlevels, significant.monitoring cOncentrations, andbaseline datesfortheP-M2.5 NAAQS. Also, theamendmentsadopttheslgnificantemissionsratestodetermine NSRappliCabilityforPM2,5a11dPM2.5precursors. Thedefinition Of«RegulatedNSRpollutant"hasbeen amendedfor consistency withthecorrespondingfederal definition. Thishearingisopentothepublicand

### allinterestedpersonswillbe giventheopportunitytopresenttestimOny. Toassure

### thatallcom- mentsareaccuratelynicorded,theDivisionr.equeststhatoralco·mmentspresentedatthehearing are alsoprovidedin writtenfonn, ifpossible. WrittenCO)lliD.ents 

### mustbereceivedby close ofbusi- ness onJuly31, 2012,tobeconsideredpitrtofthehearingrecord. TheEnergyandEnvironmentCabinetdoesnotdiscriminateon

### the basis ofrace, color, national origin, sex, age,religion, ordisability andprovides,upunrequest,reasonableaccommodation"including ·' auxiliaryaidsandservices necessarYtoaffordanindividualwitha disability an equal opportunityto participate inall serVices, programs, andactivities. ·The·full textsofthe proposedregulitions

### .:i.re available forpublic inspection and copying during regularbusinesshours (S:oo a.m. to4:30p.m., Local"Time) atthelocationlistedbelow. Anyindividual requiring copies may submitarequest totheDivisionforAir Qualityinwriting, bytelephone,byfax, orbye-mail. Requestsfor .C<lpiesshouldbedirectedtothecontactperson·. Theproposedadministrative. regulatjons can be acCessed at: http·//www.lrc.state.ky.W!/JCAR/TITLE401.htm. CONTACTPERSON; LauraLund, Envitonmentall'eclmologist .Ill, Regulation DevelopmentSection, DivisionforAlr 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. · AshlandRegional, 1550WolohanDr 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 SUMOF $514.403FORACOM· MUNI'IY ·· 

### DEVELOPMENT ,.BlOCK GRANT·TO 

### THE U.S:. 

### DEPARTMENT .OF HOUSING 

### AND URBANDEVELOPMENT (.HUD), AND UPONACCEPT· ·::\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/ORANYAND ALL DOCUMENTSASSOCIATED Wim 

### THE GRANTSUBMI'ITAL. ·



### '•*.**~**

### ••*•'•* * *****••••* * 

# '1iion1a.s!E.1Celley ThomasE. Kelley MayOr AITEST:

# ~~ Deborah

### Musser

. City

### Clerk

. hl)OPTED BYTHEBOARD

. • OF COMMisSIONERS: April19, 2012 'REA.DOPTEDBYTHEBOARD OF COMMISSIONERS: May3. 2012 ' Published:June21, 2012 CERTIFICATION

. 

### This 

### isto certifythatthetitleof·.· OrdinanceNo.29,2012

### isa

### true and accurate summary ofthe contents of

### the ordinance pi-eparedby

### the LegalDepartment of the City ot: Ashland, Ken-· tu.cky, consistingof**attorneysli~** eensed to piaetice law in 

### the

__ CommonwealthofKentucky

..

### IJ.#.PW.~ RichardW.Martin CorporationCounsel SubscnDed

### and sworntobefore me by Richard W. Martin

### this , 18thdayof

### June·, 2012.My

### com- . ·mission as 

### li NotaryPublic

### "{ill

CfCPireMay3,:?-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 forAirQuality requests the publication ofa public hearing notice Owensboro ltr.doc; Owensboro PHN.doc



## Attachedis a letterrequestingthepublicationofapublichearingnotice andthenotice for which we arerequestingpublication. Billinginformationisalso included 

## intheletter. Ifyouhaveany questionsaboutthispublicationorbilling, pleasefeel freeto contactme. Thankyou, 

## Laura Lund

LauraLund,EnvironmentalTechnologistIII KentuckyDivisionforAirQuality 

### ProgramPlarm.ing & 

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

### E-mail: Laura.Lund©ky.gov

1

### Steven 

### L Beshear Governor



## Editor Messenger-Inquirer DisplayAdvertising P.O. Box 1480 Energy and EnvironmentCabinet Departmentfor Environmental ProtectionDivision for Air Quality 200 FairOaks Lane, 1st Floor Frankfort, Kentucky 40601-1403 air.ky.gov



## June 19, 2012

Owensboro, Kentucky42302-1480



## DearEditor: Leonard K. Peters Secretary



## Please publishthe attachednotice as aprominent classifiedadvertisementinthepublic notice or legal ads section of your newspaper as soon as possible. The advertisement should be two columns wide·withlengthnecessaryto accommodatethetext. Billing and proof ofpublication should be mailed to the following address immediately after publication. MicheleKoziol AdministrationSection DivisionforAirQuality Is'Floor 200

## FairOaksLane Frankfort,Kentucky40601 

## Payment cannot be made until proofofpublication is received, which consists ofone (1) full page containing the advertisement. Please confirm receipt of this request, which is being transmittedviae-mail. Contactme with anyquestionsyou may havebyphoneat (502) 564-3999 ext. 4428,bye-mail atLaura.Lund@ky.gov, orbyfax at (502) 564-4666. Thankyou. 

## Sincerely, 

# £awta .fund 

## RegulationDevelopment Section ProgramPlanning & 

## AdministrationBranch 

## Attachment cc: Michele Koziol KenruckyUnbridledSpirit.com 

# :1/.

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

### An

### Equal OpportunityEmployer WF/D

## Owensboro Messenger..Jnquirer 1401 Frederica St Owensboro KY 42301

DIVISION FORAIR QUALITYATTN Michele Koziol 200 FAIR OAKS LANE 1ST FLOOR FRANKFORT, KY 40601 

### ADVERTISING INVOICE 

### I STATEMENT 

## 1/1

DIVISION FORAIR QUALITYATTN Michele Koziol



### DATE ADN TRANS# DESCRIPTION INS UNITS AMOUNT TOTAL Balance Forward 06/24/2012 00240312 300626160 Notice ofPublic 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 ofthe statement. A service charge on all balances over30 dayswill be computed by a 'Periodic Rate' of 1-112% per month, which is an ANNUAL PERCENTAGE RATE OF 18%, this appliesto the previous balance after deducting current paynients and credits appearing on your statement. 

## Remittance Advice 

## 000607820000000000041330

# I ' I F6**MESSENGER-INQUIRER,..._..._,~..,**



# __,,_,_ 

# --- 

# _ ...

# _, C!l:a:.."":l'.::r-"'· 

# -·-

..........

# --...... """'" ''-"""" 

# ...... ,..,..,.,



# ·-

= •



# - -·



# -- ___.......,.."""' "'.:lllil" 

# ·-**~~** 

# "'**~.:::"'** 

# -· -



# -**~-~~** 

### 2"'-=:..:;......:__

# :='-"'""'"'::i"'"'l 

# -- ' 

# -·-



# __...,_, 

# ---- 

# --**~,._ ~-** 

# ~:.;::

# =

--**~:i:::** -....,._... 

# -**~­ --~** 



# ...**--~--** 

# -- --- "''"''""' 

# =**~,...,.._**

# __..,....

# __... 

# --- .......

# ,..-,_,.. 

# _ .. _- 

# -""""--·

_,..._

# . ._ 

# ..

## 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 ofa public hearing notice Lake News Paducah ltr.doc; Lake News Paducah PHN.doc



## Attachedisa letterrequestingthepublicationofapublichearingnoticeandthe noticeforwhich we arerequestingpublication. Billinginformationis also included

## intheletter. Ifyouhave any questions aboutthispublicationorbilling,pleasefeel free to contactme. Thankyou, LauraLund lauraLund,

### EnvironmentalTechnologistIII KentuckyDivisionfor AirQuality 

### ProgramPlanning & 

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

### E-mail: Laura.Lund@ky.gov

1

### Steven L. 

### Beshear Governor



## Editor LakeNews P.O. Box498 Energy and EnvironmentCabinet Departmentfor Environmental Protection Division forAir Quality 200 FairOaks Lane, 1st Floor Frankfort, Kentucky 40601-1403 air.ky.gov



## June 19,2012

CalvertCity, Kentucky42029



## DearEditor: Leonard K. Peters Secretary



## Pleasepublishthe attachednotice as aprominent classified advertisementinthepublicnotice or legal ads section ofyour newspaper as soon as possible. The advertisement should be two columns widewithlengthnecessaryto accommodatethetext. Billing and proofofpublication should be mailed to the following address immediately after publication. Michele Koziol Administration Section Division forAirQuality 1st

## Floor 200 FairOaksLane Frankfort,Kentucky40601 

## Payment cannot be made until proofofpublication is received, which consists ofone (1) full page containing the advertisement. Please confirm receipt of this request, which is being transmittedviae-mail. Contactme with

## any questionsyoumay havebyphone at (502) 564-3999 ext. 4428, bye-mailatLaura.Lund@ky.gov, orbyfax at (502) 564-4666. Thankyou. 

## Sincerely, .fuwtafund 

## RegulationDevelopment Section ProgramPlanning & 

## AdministrationBranch Attachment 

## cc: MicheleKoziol KentuckyUnbridledSpirit.com 

### AnEqual OpportunityEmployerM/F!D

# Lake News

153 E. 5th Ave. 

### P.O. Box498 Calvert City, KY 42029



## To: Administration Section Michelle Koziol Division ofAirQuality 200 FairOaksLane, 

### 1stFloor 

### Frankfort,KY 40601



## Date Transaction 05/30/2012 Balance forward 06/27/2012 INV#5674. 

# Statement

Date (270) 395-5858 6/27/2012



### ------····-··· -,**~** 

## ' 

## --. -" !:,

.

## ,. :**-,~.** _,_.;:;;,-- - --

;,, •·o " -. ·'

- _

_.

# ______---

AmountDue 

## AmountEnc. $109.38 

## Amount Balance

109.38 0.00 

### 109.38



## AmountDue $109.38

# nt Cox ments. 

### odroom**subsi~**



# Sale· :, .ban- ,'ies'

### ·an·d 

## de.'·- let:--

decals. viet!; 

### low iraphks, 

# ,f,

( 

# D •ur tl ' ' ' ,',, '

## -Th~**urit!Brsig~ed ~tlor~**  is

## 1-i~ensed'to

## ~ractice I 

### 'itu{C'orTul)onwealth of 

### KentuCKy. and. hereby .certifies thattheforegoing is

### a'sUriimaiy·oi.ttle On:iinai'\CeOfthe City·of Calvert' Citybe.inriQthe-**ri~~ber** and title identi- 'fied

### iibOve.-' ·· - - GREGORYK.

SUMMARYOF ORDINANCE NO. 2012-05 SUMMARY OFAN

# ~fiD.~CE'A~bPTING A PERSONNE_LAND

..PAY C::LASSIFICATI6N 

## PLANAND

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

# '::;:.;;••**~~;ti'l'~l%:~~** and pay official Acomplete City City Hall 

### NoTice

# OF Pueuc 

## _,_,,_

Leonard K. Peters Secretary



## publicnotice or



## should be two

after

,-,_I

' 

## 'i

# ,I



# ' 

# ''

..... [ts ofone (I) full



# -. ,

lwhich is being



# .:**tti~~2)** 564-3999



# ''

-

## ''

:i

I I 

### il '

# ~~ E 

# rrty mployerM/F/D

## Lund, Laura (EEC) From: 

## Sent: To: 

### Subject: 

### Lund, Laura (EEC) Tuesday, June 19,20122:32PM 

### 'classifieds@Thetimestribune.com' Attachments: 

### Kentucky Division for Air Quality requests the publication ofapublic hearing notice Corbin ttr.doc; Corbin PHN.doc



## Attachedis a letterrequestingthepublicationofapublichearingnoticeandthenoticeforwhich we arerequestingpublication. Billinginformationis also included 

## inthe letter. Ifyouhaveany questions aboutthispublicationorbilling, please feel freeto contactme. Thankyou, LauraLund LauraLund,EnvironmentalTechnologistIII KentuckyDivisionfor Air Quality ProgramPlanning & 

### AdministrationBranch 

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

### E-mail: Laura.Lund®ky.gov

1

### Steven L. Beshear Governor



## Editor Times-Tribune DisplayAdvertising POBox516 Corbin, KY40702-0516 

## DearEditor: Energy and Environment Cabinet Departmentfor Environmental Protection Division forAir Quality 200 Fair Oaks Lane, 1st Floor Frankfort, Kentucky 40601-1403 air.ky.gov



## June 19, 2012 Leonard K Peters Secretary



## Please publishthe attachednotice as apronPnent classified advertisementinthepublic notice or legal ads section of your newspaper as soon as possible. The advertisement should 

## be two columnswide with lengthnecessaryto accommodatethe text. Billing and proof ofpublication should be mailed to the following address immediately after publication. MicheleKoziol Administration Section DivisionforAirQuality 

## l"tFloor 200 FairOaksLane Frankfort,Kentucky40601 

## Payment cannot be made until proofofpublication is received, which consists ofone (1) full page containing the advertisement. Please confirm receipt of this request, which is being transmitted viae-maiL Contactme with anyquestionsyoumay havebyphone at (502) 564-3999 ext. 4428,bye-mail atLaura.Lund@ky.gov, orbyfax at (502) 564-4666. Thankyou. 

## Sincerely, 

# f!awta £und RegulationDevelopment Section ProgramPlanning & 

## AdministrationBranch 

## Attachment cc: MiChele Koziol KentuckyUnbridledSpirit.com 

# v.**tu~** 1\.et!DLED

# SP/RrTY AnEqual Opportunity EmployerM/F/D

# 09cl'juv M 1 

## TheTimes-Tribune**POBo~ Co~KY**  40701 (606) 528·2464 

### JUNE 

## 2012 306.00 306.00 1**.::~~li'4i::Niiil!lie;:,::::o** ----- ·

..**··:::::SJJ!Ir:ijj;:Sjiie':~_:::-:o:o-·** - · 

### 1 

## 06/30/12

DIVISION FOR AIR QUALITY ATTN, MICHELLE KOZIOL 200 FAIR OAKS LANE 1ST FLOOR FRANKFORT, KY 40601 0.00 DIVISION FOR AIR QUALITY NET 30 0.00 1247

TIMES-TRIBUNE P.O. BOX 516 201 N. KY AVE. CORBIN, KY 0.00 1247

40702-0516

----PLEASE ·-DETACH- -AND

... RETURN--

..UPPER PORTION WI.TH- --YOUR- REMIT-TANCE



## 06/22 LEG TT



# 5ZO\Z

StatementofAccount -Aging of Past Due

### Amounts 

## REA 2xl2.0 

## 24.00 306.00 306.00**2~ :Wnjiitfilet~·unt:Dir¢':** ___- !:::-:::·::-:: 

### ··-®:·-·S::::::::::: .o--- -- ·:::·.··::·**'~O'Il;jf$**:··: -'</:O:}:o':-- ,.:''''''

...**:./i:Pil~ir."]a::p_ay:s:::;:.::** .-::·:··:':·:'·c:: <:':::bilil-Pii.YJlili"ntO:Uif<·: '2.3 C/:::O'ri:uatAriiciliilfDif;{

_ _-,**·:::~~x::~::<:::::::::::·** 

## 306.00 0.00 0.00 0.00 306.00 The Times-Tribune POBox516 -:SOdoy5old • """'110d11/2%pormonth

........<ho

..... ANNUAL RATE 11l'. Corbin KY 40701 

### (606) 528·2464



## 30517 • Unapplied amounts are Included InTotalAmountDue



## 1247

# PLACEYOUR

Need som!l,.**~~V** 

# fast**Cash?:'!~--** 

## any 

## . dassifii!ds; rint and 

## 1s. Jds

mthe 

## bSite com 

# differencein

OlderAdults

.. CNAs d shiftwithshiftdifferentials •

RetentionBonus ·Up

# to·$500

,--0"· 

# learnmore,please

# visit-**~ -~--­** 

## ristianCareConiinniiitieS~org 

# r.call (606)258-2500

.

' 

# lrristianHealth Center ConunonwealthAvenue Corbin, KY40701 :dcheckanddrugstryeningrequired .. .to ,.-

__ -' ,_ 

# CLASSIFIED AD

- --1'



## ·- . . ' -.--**~-** ',



### '-' 

### ',_- :--

-.. I./



## ..-,_ 

### '-,

- 

### '- !-.'

;,• 

# • :' ' 

### oi

' !

.. --·-

'-'**~** ' 

### . ',' ' ___,

'•'" 

### ·, ,. --**-·--~----** ' i

. 

# :./ l

· ...••.· ...I.· I Leonard K. Peters Secretary



# -\J**·-:~ment** 

## inthe 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 

## ··.[veby

## phone at (502) 564-3999

:-4666. Thank

## you. !



### An

### Equal OpportunityEmployer M/F/D

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

## To: Subject: 

### Lund, Laura (EEC) Tuesday, June 19,20122:31PM 

### 'c!assified@bgdailynews.com' Attachments: Kentucky Division forAir Quality requests the publication of apublic hearing notice BowlingGreen News ltr.doc; BowlingGreen PHN.doc



## Attached is aletterrequestingthepublicationofapublichearingnotice andthenotice for which wearerequestingpublication. Billinginformationis also included 

## intheletter. Ifyouhaveany questions aboutthispublicationorbilling, please feel freeto contactme. Thankyou, LauraLund

LauraLund,EnvironmentalTechnologistIII KentuckyDivisionfor AirQuality ProgramPlanning & 

### AdministrationBranch RegulationDevelopmentSection Phone; (502)**564~3999,** 

### ext.4428 

### E-mail:Laura.Lund@ky.gov

1Steven L. Beshear Govemor



## Editor DailyNews DisplayAdvertising P.O. Box90012 Energy and Environment Cabinet Departmentfor Environmental Protection Division forAir Quality 200 Fair Oaks Lane, 1st Floor Frankfort, Kentucky 40601-1403 air.ky.gov



## June 19,2012

Bowling Green, Kentucky42102-9012 

## DearEditor: Leonard K. Peters Secretary



## Please publishthe attachednotice as aprominent classified advertisementinthe public notice or legal ads section of your newspaper as soon as possible. The advertisement should be two colunmswidewithlengthnecessaryto acc"ommodate the text. Billing and proofofpublication should be mailed to the following address immediately after publication. Micbele Koziol Administration Section DivisionforAir Quality 1st

### Floor 200FairOaks Lane Frankfort, Kentucky40601 

## Payment cannot be made until proofofpublication is received, which consists ofone (1) 

## full page containing the advertisement. Please confmn receipt of this request, which is being transmittedviae-mail. Contactme withany questions youmayhavebyphone at (502) 564-3999 ext. 4428, bye-mailatLaura.Lund@ky.gov, orbyfax at (502) 564-4666. 

## Thankyou. 

## Sincerely, fuwta.Eund 

## RegulationDevelopmentSection ProgramPlanning & 

## AdministrationBranch Attachment 

## cc: Michele Koziol KentuckyUnbridledSpirit.com AnEqual OpportunityEmployer

### 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 forAir Quality requests the publication ofa public hearing notice Covington ltr.doc; Covington PHN.doc



## -Attachedis a letterrequestingthepublication ofa publichearingnotice andthenoticeforwhich wearerequestingpublication. Billinginformationis alsoincluded

## intheletter. Ifyouhave any questionsaboutthispublicationorbilling, please feel freeto contactme. Thankyou, LauraLlllld lauraLund,EnvironmentalTechnologistIII KentuckyDivisionfor Air Quality ProgramPlanning & 

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

### E-mail: Laura.Lund@ky.gov

1

### Steven L. Beshear Governor



## Editor CincinnatiEnquirer LegalAdvertising P.O. Box00097**En~rgy** 

### and Environment Cabinet Departmentfor Environmental Protection Division forAir Quality 200 Fair Oaks Lane, 1st Floor Frankfort, Kentucky**40601~1403** 

### air.ky.gov



## Jooe 19,2012

Cincinnati, Ohio 45274-0097 

## DearEditor: Leonard K. Peters Secretary



## Please publishthe attached notice as aprominentclassifiedadvertisement inthepublic notice or legal ads section of your newspaper as soon as possible. The advertisement should be twu columns wide withlengthnecessaryto accommodatethetext. Billing and proofofpublication should be mailed to the following address immediately after publication. Michele Koziol AdministrationSection DivisionforAirQuality 

## 1stFloor 200 FairOaksLane Frankfort,Kentucky40601 

## Payment cannot be made until proofofpublication is received, which consists ofone (1) full page containing the advertisement. Please confirm receipt of this request, which is being transmittedviae-maiL Contactme with

## anyquestionsyoumayhavebyphone at (502) 564-3999 ext. 4428,bye-mail atLaura.Lood@ky.gov, orbyfax at (502) 564-4666. Thankyou. 

## Sincerely, 

# .f!awut.futul 

## RegulationDevelopmentSection ProgramPlanrring & 

## AdministrationBranch 

## Attachment cc: Michele Koziol KentuckyUnbridledSpirit.com AnEqual OpportunityEmployer 

### M!F/D

## Lund, Laura (EEC) From: 

## Sent: 

## To: Subject: Lund, Laura (EEC) Tuesday, June 19,20122:36PM 

### 'hllegalads' Attachments: Kentucky Division forAir Quality requests the publication of a public hearing notice Lexington ltr.doc; Lexington PHN.doc



## Attachedis a letterrequestingthepublication ofa publichearingnotice andthe noticeforwhich wearerequestingpublication. Billinginformation is alsoincludedinthe letter. Ifyouhave any questions aboutthispublicationorbilling,pleasefeel freeto contactme. Thankyou, LauraLund LauraLund,EnvironmentalTechnologistIII KentuckyDivisionfor AirQuality ProgramPlarming & 

### AdministrationBranch 

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

### E-mail:Laura.Lund@ky.gov

1

### Steven L. Beshear Governor



## Editor HeraldLeader Energy and Environment Cabinet Departmentfor Environmental Protection Division forAirQuality 200 Fair Oaks Lane, 1st Floor Frankfort, KentuckY 40601-1403 air.ky.gov



## June 19, 2012

MainandMidland Lexington, Kentucky40507



## DearEditor: Leonard K. Peters Secretary



## Please publishthe attachednotice as aprominent classified advertisement inthe publicnotice or legal ads section of your newspaper 

# as soon as possible. The advertisement should be two columns wide vvith lengthnecessaryto accommodatethe text. Billing and proofofpubliCation should be mailed to the following address immediately after publication. Michele Koziol AdministrationSection DivisionforAirQuality 1st

## Floor 200FairOaksLane Frankfort,Kentucky40601 

## Payment cannot be made until proofofpublicatiOn is reCeived, which consists ofone (1) 

## full page containing the advertisement. Please confinn receipt of this request, which is being transmittedviae-mail. Contactme with any questionsyou mayhavebyphone at (502) 564-3999 ext. 4428,bye-mailatLaura.Lund@ky.gov,orbyfax at (502) 564-4666. Thankyou. 

## Sincerely, .fawta

## £und RegulationDevelopment Section ProgramPlamting & 

## AdministrationBranch Attachment 

## cc: Michele Koziol KentuckyUnbridledSpirit.com AnEqual Opportunity EmployerMIF/D

## Lund, Laura (EEC) From: 

## Sent: 

## To: Subject: 

### Lund, Laura (EEC) Tuesday, June 19, 2012 2:38PM 

### 'legals@courier-joumal.com' Attachments: 

### Kentucky Division forAir Quality requests the publication of a public hearing notice Louisville ltr.doc; Louisville PHN.doc



## Attached is a letterrequestingthepublicationofapublichearingnotice andthenotice for which wearerequestingpublication. Billinginformationis also included

## inthe letter. 

## Ifyouhaveany questionsaboutthispublicationorbilling,pleasefeel freeto contactme. Thankyou, LauraLtmd

LauraLund,EnvironmentalTechnologistIII KentuckyDivision for AirQuality ProgramPlanning & 

### AdministrationBranch 

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

### E-mail: Laura.Lund@ky.gov

1

### Steven L. Beshear 

### Governor



## Editor CourierJournal Energy and EnvironmentCabinet Departmentfor Environmental Protection Division forAir Quality 200 Fair Oaks Lane, 1st Floor Frankfort, Kentucky 40601-1403 

### air.ky.gov



## June 19,2012

ClassifiedAdvertisingDepartment 525 WestBroadway P.O. Box740031 Louisville, Kentucky40201-7431 DearEditor: Leonard K. 

### Peters Secretary



## Please publishthe attached notice as aprominentclassified advertisement inthe publicnotice or legal ads section of your newspaper as soon as possible. The advertisement should be two colunmswidewithlengthnecessaryto accommodatethe text. Billing and proof ofpublication should be mailed to the following address immediately after publication. MicheleKoziol AdministrationSection Division forAirQuality 1st

## Floor 200 FairOaksLane Frankfort,Kentucky40601 

## Payment cannot be made until proof ofpublication is received, which consists ofone (1) 

## full page containing the advertisement. Please confirm receipt of this request whkh is being transmittedviae-mail. Contactme withany questionsyoumay.havebyphoneat(502) 564-3999 ext. 4428,bye-mail atLaura.Lund@ky.gov, orbyfax at (502) 564-4666. Thankyou. Sincerely, 

## .fawta.l!wuf RegulationDevelopment Section ProgramPlanning & 

## Aclrn.ffiistration Branch Attachment cc: MicheleKoziol KentuckyUnbridledSpirit.com

# --ventu~**~~UNBRIDLED**

# 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



## Attachedis aletterrequestingthe publicationofapublic hearingnotice andthenotice forwhich wearerequestingpublication. Billinginformationisalso included

## intheletter. 

## Ifyouhave any questions aboutthispublicationorbilling,please feel free to contactme. Thankyou, LauraLund

LauraLund,EnvironmentalTechnologistIII KentuckyDivisionforAirQuality 

### ProgramPlanning& 

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

### E-mail: Laura.Lund@ky.gov

1

### Steven 

### L Beshear Governor



## Editor PaducahSun 

## DisplayAdvertising P.O. 2300 Energy and Environment Cabinet Departmentfor Environmental Protection Division forAir Quality 200 FairOaks Lane, 1st Floor Frankfort, Kentucky 40601-1403 air.ky.gov



## June 19, 2012

Paducah, Kentucky42002-2300



## DearEditor: Leonard 

### K. Peters Secretary



## Please publish the attachednotice as aprominentclassified advertisementinthepublic notice or legal ads section of your newspaper as soon as possible. The advertisement should be two columnswidewithlengthnecessaryto accommodatethetext. Billing and proofofpublication should be mailed to the following address immediately after publication. MicheleKoziol Administration Section DivisionforAir Quality 1st

### Floor 200 FairOaks Lane Frankfort,Kentucky 40601 

## Payment cannot be made until proofofpublication is received, which consists ofone (1) full page containing the advertisement. Please confirm receipt of this request, which is being transmitted viae-maiL Contactme with any questionsyoumayhavebyphoneat (502) 564-3999 ext. 4428,bye-mail atLaura.Lund@ky.gov, orbyfax at(502) 564-4666. 

## Thankyou. 

## Sincerely, 

# .f!awtafund 

## RegulationDevelopment Section ProgramPlanning & 

## AdministrationBranch Attachment cc: MicheleKoziol KentuckyUnbridledSpirit.com An

### Equal OpportunityEmployerM/FID

### Steven 

### L. Beshear Governor



## Ms. ConnieC. Sewell 

## CourtReporter Energy and Environment Cabinet Department for Environmental Protection 

### Division forAir Quality 200 

### Fair Oaks Lane, 1st 

### Floor Frankfort, Kentucky 40601-1403 

### air.ky.gov



## June26,2012

1705 S, BensonRd. Frankfort, Kentucky 40601

DearMs. Sewell: .Leonard K. Peters Secretary



## As a follow-up to today'

## s conversation, this is to confll1ll that you ·or someone in your employwill 

## be present at thepublichearing scheduledto begin at 10:00 

## a.m., onJuly 24, 2012, 

## inConferenceRoom 201B 

## at

## 200 FairOaks Lane. Thehearing agendaincludesthefollowing 

## air qualityregulations and acopyofthepublichearingnoticeisenclosed. 401 

## K.AR51:001. Definitions for 401 KAR

## Chapter 51, (Amendment) 401 KAR51:017. Prevention of

## significantdeterioration ofairquality. (Amendment) 401 

## KAR51:052. Reviewofnew sources 

### inorimpactinguponnonattainment areas. (Amendment) 

## Plea.se contactme if

## youhave any questionsregardingthe publichearing at (502) 564-3999, extension4428, 

## orvia e-mail 

## atLaura.Lund@ky.gov.

LauraLund,Regulation DevelopmentSection ProgramPlanning& 

## AdministrationBranch

Enclosure

KentuckyUnbridledSpirit.com 

### An 

### Equal OpportunityEmployerM/FID 

### I

## OPENINGSTATEMENT KYDivision for AirQuality PublicHearing-July24, 2012

"Good morning. It 

## is July 24th, 10:00 a.m. My 

## name is Laura Lund and I am with the KentuckyDivision forAir Quality,Regulation DevelopmentSection. As yourmoderator,I declarethis publichearing in 

## session. The Division asks that everyone attending today's hearing provide all ofthe information requested ontheattendancerosterlocated by

## the entranceto the conferenceroom. Today'shearingannouncementwasmailedtoeveryoneontheDivision'scurrentmailinglist, RegionalOffices,LouisvilleMetroAirPollutionControlDistrict,andspecifiedCountyClerk's 

## offices. Inaddition,thenoticewaspublishedin

## tennewspapersofwidecirculationwithinthe Commonwealth. This is a**'non~adversarial'** 

## hearing, thereforetheDivisionwill notrespondto comments or questionsregardingtheproposed actions,andindividualswhopresenttestimonywill

## notbe questioned by anyone attendingthis hearing. A Division representativemay, however, ask questionsinorderto claritythemeaning orintentofa comment. All comments received in an appropriate format by the close ofthe comment period will receiveequalconsideration. WrittencommentsmustbereceivedbycloseofbusinessonJuly 31, 2012,to beconsideredpartofthehearingrecord. Connie Sewell, to my right,is recordingtoday's hearing. Anyone interested in obtaining a copy ofthe transcriptshouldcontactMs. 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, Definitionsfor401 KARChapter51; 401 KAR51:017, Prevention ofsignificantdeterioration of air quality; and 401 KAR 51:052, Review of new sources in or impacting upon nonattainmentareas. Theamendmentstotheseadministrativeregulationsrevisedefinitionsto reflect the New SourceReview program at the federal level. The amendments include the requirementsnecessaryto determinewhetheraconstructionproject'semissionswillcauseor contributeto aviolationofthePM2.5

## NationalAmbientAirQualityStandards(NAAQS).This regulatoryactionestablishessignificantimpactlevels,significantmonitoringconcentrations, 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

### };;> 

## "DoestheROSTERindicateanyonewantingtopresenttestimony?"

)>

-- 

## -CHECKTHEROSTERFORTESTIMONY-- -(A. 

## or B.)

)> 

## RECEIVETESTIMONY A. "Pleasecome forwardwhenyournameis called andprovide awrittencopy ofyour comments,if

## possible."

- - -OR-

- - - B. "Since no one has indicated to presenttestimony attoday's hearing, we'll pausethe hearingrecordfor 10 minutes to allow forlatearrivals andre-openthesession.

Thetimeis 10: a.m."

>BREAK

"It

## is nowtimetore-openthehearingrecord. Arethereanylatearrivalswhowouldlike to presenttestimony? Go backtoA. 

## orsay, "Therearenone." 

# > "Intheabsence ofanytestimony, this publichearingis adjourned."

2

# PUBLIC COMMENT PERIOD

### Steven 

### L. Beshear Governor



## Ms. DonnaLittle Regulations Compiler Energyand EnvironmentCabinet Departmentfor Environmental Protection Division forAir Quality 200 FairOaks Lane, 1st Floor Frankfort, Kentucky 40601-1403 air,ky.gov 

## July24, 2012



## LegislativeResearch Commission Capitol Annex Room029 Frankfort, Kentucky40601 

## DearMs. 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 ofthe public comment period on July 31, 2012. The hearing agenda included the following proposed administrative regulations, filed withyour office on June 14, 2012, and published in the July 1, 2012,

## AdministrativeRegisterof Kentucky. 401 KAR51:001. Definitionsfor401 KAR Chapter51. 401 KAR51:017. Preventionofsignificantdeteriorationofairquality. 401 KAR51:052. Reviewofnew sourcesinorimpactingupon nonattainmentareas. 

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

## arise concerningtheseproposed administrativeregulations orthepublichearing.

KentuckyUnbridledSpirit.com 

## LauraLund EnvironmentalTechnologist ill 

## RegulationDevelopmentSection



# Zl.

# tu~ 1\..l?!l,DU:aSPIRrrY An

### Equal OpportunityEmployerMIF/D

### Steven 

### L. Beshear Governor



## Ms. DonnaLittle Regulations Compiler Energyand EnvironmentCabinet Departmentfor Environmental Protection Division forAir Quality 

### 200 Fair Oaks Lane, 1st Floor 

### Frankfort, Kentucky**40601~1403** 

### air.ky.gov 

## July 31,2012

LegislativeResearchCommission CapitolAnnexRoom 029 Frankfort,Kentucky4060I DearMs. 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 administrativeregulations: ' 401 KAR51:001. Definitionsfor401 KARChapter51. 401 KAR51:017. Prevention ofsignificantdeteriorationofairquality. 401 KAR51':052. Review ofnewsourcesinorimpactinguponnonattainmentareas. As a result ofreceiving comments and pursuantto KRS 13A.280(2)(b), the Division for 

## Air Quality requests a**thirty~day** 

## extension for filing the Statement ofConsideration with your office, Therefore, the Statement ofConsiderationwill be filed no later

## than noon, easterntime, on September 14, 2012. Please feel free to contact me at 564-3999 if any questions arise concerning the administrativeregulations orthepubliccommentperiod.

KentuckyUnbridledSpirit.com 

## · Sincerely,

LauraLund EnvironmentalTechnologistIll RegulationDevelopmentSection



# 1/.

# tu~ 1\.t!!l/OLEDSP/RrT'!J An Equal OpportunityEmployerM/F/D

### Tom FitzGerald 

### Director 

## BoardofDirectors Joe Childers 

### Chair Vacant 

### ViceChair U:z Edmondson 

### RecordingSecretary

Betsy Rudd Bennett Roger Shott Bruce Boyens



### P. 0. Box I070 Frankfort, KY 

### 40602 (Phone) 502·875·2428

(Fax) 502-875-2845 fitzKRC@aol.com

www.kyrc.org 

## Tuesday,July03, 2012 Ms. LauraLund EnvironmentalTechnologist 

## ill RegulationDevelopmentSection Divisionfor

## Air Quality 1stFloor, 200FairOaksLane Frankfort, Kentucky40601 ByemailonlyLaura.Lund@ky.gov

DearMs. Lund:

Thesecommentsare submittedonbehalfofthe membershipofthe KentuckyResourcesCouncil, Inc. concerningtheproposed amendmentsto 401 KAR51:001, 51:017, and 51:052. Specific commentsfollow.

401 KAR51:001

Theproposedamendmentto the definitionof"baselinearea"is inconsistentwiththe correspondingfederal regulation. The federal regulation, 40 CFR51.166(15)(i),defmesbaseline areato mean "anyintrastate area (andeverypartthereof) designated as attainmentor unclassifiableunder section 107(d)(l)(A)(li) or(lii) oftheActinwhichthe major source ormajormodificationestablishingtheminor sourcebaseline datewouldconstructorwouldhaveanair qualityimpactfor thepollutantfor whichthebaseline date is established, as follows: Equalto orgreaterthan 1**~g/m3** 

## (annual average)for S02,N02,orPM!0; orequal orgreater

## than 0.3**~g/m3** 

## (annual average)forPM2.5." Bycontrast,theproposed staterevision eliminatesthephrase "equalto or greaterthan"withrespecttothePM2.5 reference, so thatonlywhere asourcewasemitting precisely 0.3ug/m3 ofPM2.5, wouldthe defmitionbetriggered. Inorderto maintain consistency, eithera colonshouldbeplacedafter "equalto or greaterthan" andbefore "one

## (1) uglm3"orthephrase "equalto orgreaterthan" shouldbeinsertedbefore0.3ug/m3 forPM2.5.

Def'mition of"RegulatedNSRPollutant"

EPA's**regulati~ns** 

## defme whatis a "regulatedNSRpollutant"withrespectto attainment and unclassifiedareas, in40CFR51.166withrespectto the PSDprogram. and forpermitting

## programunder40 CFR51.165, for nonattainment areas. To the extentthatthe Cabinetintends to use acommondefinition of"regulatedNSRpollutant"to coverboththepermittingprogram for**nonatta~nr,tg"eaflJWd**

## thePSDprogram,the definition shouldberevised, or a second definition

# blaaop'ted thatincorporates and appliesthe definitiontothosepermitsissuedpursuant to the statecounterpartof40 CFR51.165.

Definition of"Significant" 

## Therevisionto the definition of"significant"to incorporatetheTPYlirr.iits for nitrogenoxides and sulfurdioxideis ambiguous and needsrevisioninorderto clearlyincorporatethe correspondingfederalprovisions. Under40 CFR51.165,

## withrespectto the definition of"significant"inthe context ofPM2.5 emissions, significantmeans "PM2.5: 10 tpy ofdirectPM2.5emissions; 40tpy ofsulfurdioxide emissions; 40tpyofnitrogenoxideemissionsunless demonstratednottobe aPM2.5precursor underparagraph (a)(l)(xxxvii)ofthis section." The delimiting of"40tpy ofsulfurdioxide"withasemicolonmakesclearthatthephrase "unless demonstratednotto be aPM2.5 precursorunderparagraph(a)(l)(xxxvii)ofthis Section" modifies onlytheprecedingphrase "40tpy ofnitrogen oxideemissions" and doesnotlimitthose circumstanceswhere sulfurdioxide emissions are considered significant.

The corresponding stateregulationdefines significantto mean, in

## relevantpart, "40tpyofsulfur dioxide ornitrogenoxidesforprecursors*",thuscreating some ambiguity asto whetherthe phrase "forprecursors"modifiesboth 

## sulfur dioxide andmitrogenoxides. Arevisionis appropriateto clarifythatthe considerationofwhetherthe emissions are precursors is limitedto nitrogenoxides and does notaffectthethresholdforPM2.5 whenexpressed as sulfurdioxide. 

## 401 KAR51.017 and401 KAR51:052

No comments. Thanksinadvance for yourconsiderationofthese comments. Cordially, 

## Is/ TomFitzGerald Director

### UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 4



## Leonard

## K. Peters, Secretary EnergyandEnvironmentCabinet OfficeofSecretary 500MeroStreet 12th

## Floor, CapitalPlazaTower 

# Frankfort, Kentucky 40601 Dear

## Mr. Peters: ATLANTA FEDERAL CENTER 61 FORSYTH STREET ATLANTA, GEORGIA 30303·8980 

## July26, 2012 ! '**~"** 

### ' ;! 'I' I 

### I, 

# JUL 3 1 2012

TheRegion

## 4Officeofthe

## U. S. EnvironmentalProtectionAgencyreceivedtheCommonwealthof KentuckyJune 18, 2012,

## preheatingStateImplementationPlan(SIP) from

## theKentuckyDivisionfor Air

## Quality(KDAQ)revisingregulations at401 

## KAR51:001, 51:017

## and 51:052.

## Thesubmittalrevises Kentucky'sNewSourceReview (NSR)permittingprogram

## to adopt and

## implementfineparticulate matter(PM2.s)national ambientair

## quality slandards(NAAQS)permitting

## requirementspromulgatedin theMay 16,2008

## NSRPM2.5ImplementationRuleand

## theOctober20,2010,

## PM2.5!ncrements, SignificantImpactLevelS (SILs) and

## SignificantMonitoringConcentration(SMC)Ruleat40

## CFR 52.21 

## and51.166.

## Wehavecompletedourpreliminaryreview and

## offercommentsbelowregardingthe adoptionofSILs and

## SMC and 

## ongoinglitigation, aswellasan enclosureto

## this 

## letterforyourreview 

# andconsideration. Tbe

## EPA'sauthorityto 

## implementthePM23SILsand

## SMCforPreventionofSignificantDeterioration (PSD)purposes aspromulgatedon October20,2010,

## hasbeencballengedbytheSierraClub (Sierra Club

# v, EPA, 

## CaseNo 10-1413

## United States CourtofAppeals fortheDistrictofColumbia).The outcomeofthislitigationcouldimpacttheEPA'sabilityto approvetheseprovisionsintothe Commonwealth's SIP.Moreinformationregardingthelitigationis availableintheEPA'sApril 6, 2012, 

## Respondent's Brief

## to the Court(Brief). In

## theBriel;theEPAaffirms itsauthority

## topromulgateand 

## implementthePM2.s SILs and

## that

## the agencywill continuetorelyonthose SILspromulgated at40 

## CFR51.165(b).

## TheEPArecognizesthat

## Kentuckyairesdyrelies ontheEPASILs furuthercriteria pollutantsthroughair

## permittingand

## modelingguidanceper40

## CFRPart51,

## appendixW"Guidelioeon Air

## QualityModels. (401 

## KAR51:052,

## Section3).

## TheEPAplansto issueguidanceinthenearfuture 

## onbowthePM2.5SILthresholdsin40

## CFR51.165(b)

## maybeproperlyappliedas

## partofaPSD 

## compliancedemonstrationto 

## show

# thatasource'simpactwill

## notcauseorcontributeto aviolationof thePM2.sNAAQS orPSD increments.This guidancewouldapplyuntilrevisedregulationscanbe finalized. RegardingthePM2,s SMC, theEPAreaffirmed in

## theApril 6, 2012,

## Brief;that

## theAgencyhas

## the authorityto

## promulgate and

## implementthe SMC furthepurposesofPM2.s· TheEPArecommends KDAQ contiuuewithrulemakingbutnotethatfuture Courtactionmaynecessitatesubsequentrule revisionsand 

## SIP submittals onyourpart

InternetAddress (UAL) • http://www.epagov**Ra<:y<:led/Recycl~ble** •PrintadwHtl Vegetabla

## on Based Inks on Recycled Pap11r (Minlmum 3l:J% Postamsumer)

## We appreciateyourtransmittal ofthispackageforourconsideration. Ifyouhaveaoyquestions,pleaae contactMs. LyooraeBenjamin, Chief, RegulatoryDevelopmentSection

# at( 404) 562-9040, 

## or

## haveyour staff

## contactMs. TwunjalaBradley at(404) 562-9352.



## Enclosure



## cc: JohnLyons,KDAQ Sincerely,

# 12~~-- R. ScottDavis Chief AirPlanning

## Braoch

## EPACommentsforPrehearingSubmittalfor KentuckyNSR**PM,~**

## Implementation NSRPMuRule

## andPM25

## PSD Increment-SILs-SMCRule



## I. Key comments 401 !{AR51:001

I. 

## Thefullowing commentsrefer

# to thedefinitionof"ReguiatedNSRPollutanf'at401 KAR 51:001, Section I,(207):

• (207)(a)1-4-Therevision adds

## theprecursorsfurozoneand

## PM,,s in 

## "allattainmentand unclaasifiableareas." Sincethedefinitionappearstobeapplicablefurboththe

## PSD and nonattainmentNSRprograms inKentucky'srules, it shouldbe

## revisedsothatitapplies innona.ttainrnentareas aswell.

• (207)(a)3 & 

## 4

-Thedefinitionincludesthe standard

## federal languageindicatiog

# that nitrogenoxides (NOx)arepresumedtobeaPM 2

## .sprecursorandvolatilenrganic compounds(VOC) arepresumednottobeaprecursorunlessdenlonstratedotherwise. Thedefinitionisunclearasto

## whocanapprovedemonstrationsofNOxinsignificance andVOC significanceas aPM2 , 5

## precursor. Furthermore, thetablefurthedefinitionof "significant"at401 KAR51:001(218)contains afootooteindicatiogthatNOxis evaluatedunlessdemonstratednottobeaprecursor. Pursuantto 

## the

## May 16,2008,NSR PM2.s Rule, ademonstrationto 

## sbowthatNOxisnota

## PM2.s

# precursoror

# thatVOCs and/orammoniashouldbeprecursorswouldbavetobe si:ibntittedto 

## theEPAfor approval intotheSIP to change

## thepresumption. PIesseclarifytheDivision'spositionon wbicbpollutants areprecursorsforPM,,inKentucky. Additionally,thephrase "to

## the EPAAdntinistrator's satisfaction" shouldbeeddedfollowingtheword "demonstrated"to clarifythattheEPAapprovalofsuchdemonstrationwouldberequiredforreversal of precursorpresumptioos.See

## 40 CFR51.166(b)(49). ll. General 

## Comments 

## 401 KAR51:001 2. (207)(a)4. -ThedefinitionprovidesthatVOCs arepresumednotto

## bea

## PM,,sprecursor. However, tobeconsisteotwiththe

## federalruleat51.165(a)(I)(JO<Xvii)(C)(4),theEPA recommends

# adding

# thatammoniaalsojspresumednottobeaPM2.sprecursorinnonattainment areas. 3. (207)(a)S. -Thedefinitiondoesnotincludethe

## JanuaryI,2011, applicabilitydatefor considerationofgaseousPMtoandPM2.s 

## emissions. Pleasenote

# thatbasedonthisdraft 

## Kentuckyrule, aU

## pennitapplicantswillbe

## requiredto include gaseous entissionsaspartof PM10 and

## PM2.s entissions, including any

## forwhicbapplicabilitydetenninstionsmaybave been made

## priorto 

## thisdate. Also regarding condensables, thedefinitionincludes "particulatematter I

## emissions" aswellasPMtoand

## PM2 

## .semissions. ConsistentwithEPNsproposedrulerevision, 

## werecommendleaVingout "particulatematteremissioDB."See

## 77FR 15656,March 16,2012. 4. Section 1,IntroductoryParagraph·Theincorporationbyreference(IBR) effectivedate, 

## July I,2010, isproposedfordeletion. ThisdatewssaddedintheDecember 13,2010,Tailoring Rule SIPrevisionsubmittalto incorporatetheversionoftheCFRcontainingthedefinitionof "subjecttoregulation. 11

## Withoutaspecificdate, it

## isunclearwhichversionofthe

## federalruleis 

## beingincorporatedbyreference. TheEPA suggestsKDAQnotremovethisdateto establish whichveraionofthe CFRis incorporatedintothe SIP. 401 KAR

## 51:017 5. 

## Section 14, (5)(b)-

## The Clsss IvariancesrevisioDBproposedto IBR"thepollutants ssspecified in40 CFR51.166(p)(4)."However,this

## IBRdoes

## notinclude aneffectivedate. Withouta specificdate, itis

## unclearwhichversionofthefederalruleis

## beingincorporatedbyreference. TheEPAsuggestsKDAQ specifytheIBRdateto ensurethatthe correctveraionofthe CFRis inteudedforadoptioninto the SIP.

2

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

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

,.; !

# ;! JUL 3

# fol11Jllent~**~f,ithe Ken~cky**  Chamber

# ofCommerce.onProposedAmendmentsto 

## I,!' t!.

# 1 , tUIZ t

## ·.CC401 KAR51:0011401 KAR51:017and401 KAR51:052

1 __ " ., ·:,:-, :-- _. ___ .: __ ) 

# I Publishedin theJuly 1, 2012 KentuckyRegister 

## i I';O:;J;;a, t'i: ,,,,If_, 0 '·''" 'i'!: :('lrJOil biJIICil

:._

## ~ __ , - [I

## 11ie~K.@itueky--GTh.amberofCommerce ("Kentucky Chamber"), founded in 

## 1946,is an association ofKentucky businesses an'd is the largest, broad-basedbusiness association in Kentucky, The Kentucky Chamberrepresents more 

## than 2,700memberbusinessesthat employmorethan50 percentofKentucky'sprivateworkforce. TheKentucky 

## Chamber'spowerful grassroots network, throughapartnershipwith

## morethen 80 local chambersinthe state, consists of25,000businessprofessionals. The business and industrymembers ofthe Kentucky Chamberhave operationsthroughoutthe statethatare subjectto air quality regulations andrequirements. The Kentucky Chamberalso promotes economic development, includingbringingnewbusiness operations to the Commonwealth. The Chamberappreciates the opportunityto provide the following comments onthe Cabinet'sproposedrevisionsto 401 KAR51tOOl, 401 KAR 51:017 and 401 KAR 51:052. The Chambergenerally supportsthe proposed amendments whichwill make the Kentucky regulations consistentwith

## the federal requirements. The Chamberhasthe following commentsregarding specificprovisionsintheproposal. L Proposed401 KAR 51:017 Section 1 (207)(a)5 doesnotincludethe full textofthe associated federal provisionin 40 CFR 51.166(b)(49) withrespectto condensible PM emissions. The Chamberbelievestheprovisions shouldbe consistent. Ifthe Division disagrees, please explainthe basis forthe discrepancy inthe response to comments. 2. Proposed401 KAR51:017 Section9(2) does notinclude thefederal provisionfor Class.III areaimpacts. The Chamberbelievestheprovisions shouldbe consistent. Ifthe Divisiondisagrees, please explainthe basis forthe discrepancy in

## theresponse to comments. If

## youhave any questions regardingthese comments,pleasecontactChad Harpole, Kentucky ChamberofCommerce, (502) 695-4200.

4825779_2.doc

# STATEMENTS OF CONSIDERATION 

# & REGULATIONS (as amended in response tocomment)STEVENL. BESHEAR GOVERNOR



## Ms. DonnaLittle Regulations Compiler 

## ENERGYAND ENVIRONMENTCABINET OFFICEOFTHE SECRETARY 500 MEROSTREET 

## tzrn FLOOR,CAPITALPLAZATOWER FRANKFORT, KY 40601 TELEPHONE: 502-564...3350 FACSIMILE: 502-564-3354 

## September 11,2012

LegislativeResearchCommission CapitolAnnexBuilding,Room029 

## Frankfort, Kentucky4060I Dear

## Ms. Little: lll:N\RDKllllffi'l SECRETARY



## Pursuantto KRS Chapter 13A,the.Energy andEnvironmentCabinetherebyfilesthe StatementofConsiderationandthefollowing administrativeregulations as amended afterthe close ofthe commentperiod: 

## 401 KAR51:001. Def'mitions for401 KARChapter51. 401 KAR51:017. Prevention ofsignificantdeterioration ofairquality. A publichearingtoreceive commentsontheproposedadministrativeregulations was conductedonJuly 24,2012, inConferenceRoom201B oftheDivisionfor AirQuality, 200Fair Oaks Lane, Frankfort, Kentucky. Theoriginal andfive copiesofthis submittal are enclosed, and anelectroniccopyhasbeenforwardedto you. PleasecontactLauraLundat 564-3999,ext. 4428,

## ifyouhave anyquestionsregarding this submittalorthepublichearing.



## LKPIII Enclosures

KentuckyUnbridledSpirit.com

# ;~ Leonard K. Peters Secretary

An Equal OpportunityEmployer M/F/DSteven 

### L. Beshear 

### Governor



## ScottDavis, Chief 

## AirPlanningBranch Energyand Environment Cabinet Departmentfor Environmental Protection Division forAirQuality 200 FairOaks Lane, 1st Floor Frankfort, Kentucky 40601·1403 air.ky.gov 

## September 13,2012



## AirPesticides andTaxiesManagementDivision U.S. EPA,Region4 61 ForsythStreet, SW 

## Atlanta, Georgia30303 Dear.rvf:r. 

## Davis: Leonard K. Peters 

### Secretary



## The Kentucky Division for Air Quality has enclosed a copy ofthe 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,whichendedon July 

## 31, 2012. 401 KAR51 :001. Definitionsfor401 KARChapter51. 

## 401 KAR 51:017. Preventionofsignificantdeteriorationofair 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, ifyou have any questions concerning the regulations ortl:rte Statements of Consideration.

Cc: Zuri Farngalo Lynorae Benjamin Enclosures

KentuckyUnbridledSpirit.com 

## Sincerely,

LauraLund EnvironmentalTechnologistIII

AnEqual OpportupityEmployerMIF/D

## 1 ENERGYAND ENVIRONMENT CABINET 2 Departmentfor Environmental Protection 3 Division forAir Quality 4 (Amended After Comments) 5 401 KAR 51:001. Definitions for401 KAR Chapter51. TIM

# tiL~~~~~; ,LAC 

# SEP 1 22012**.~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 STATUTORYAUTHORITY: 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 ofair 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 Programunder42 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 ofa 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 ofthe 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 ofthe unit on that date; and 15 (d) Does not mean: 16 1. Calculating 

## .ifa 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 ofall 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) "Aircontaminant" is defined by KRS 224.01-010(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 equipment11 

## 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 ofthe normal product ofthe source or 

## 8 to its 

## normal operation. 9 (10) "Allocate" or "allocation" means the number of NOx allowances to be credited 10 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 afuture compliance 19 date; or 20 3. The emissions rates specified as a federally enforceable permit condition, 21 includingthose with afuture 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. ofthis 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 orthat 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 ofOfficial Analytical Chemists. 19 (19) "ASTM" means American Societyfor 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. ofthis 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 bythe 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 ofthe project or the date a complete perinit application is received by the 22 cabinet for a permit required under401 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 majorstationary source is required currently to comply, ifthe 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. ofthis subparagraph. 19 2. Ifa 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 PALfor astationary source, is determined as follows: 4 1. For an existing EUSGU, in accordance with the procedures contained in 

## 5 paragraph (a) ofthis subsection; 6 2. For other existing emissions units, in accordance with the procedures contained 

## 7 in paragraph (b) ofthis subsection; and 8 3. For a new emissions unit, in accordance with the 

## procedures contained in 

## 9 paragraph (c) ofthis subsection. 10 (21) 11

## 8aseline 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 datewould construct orwould have an air quality impact equal to or greaterthan one (1) 14 ug/m3 

## annual average of the pollutant for which the minor source baseline date is 15 established for S02, N01, or PM 10 

## or equal to or greater than 0.3 ug/m3 

## annual 16 average for**PM~.** 

## 17 (a) Area redesignations under42 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 minorsource 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 minorsource 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 markthe initiation ofthe 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, aftertaking 3 into account energy, environmental, and economic impacts and other costs, to be 

## 4 achievable by the source ormodification through application of production processes or 5 available methods, systems, and techniques, including fuel cleaning or treatment or 

## 6 innovativefuel combustion techniques for control ofthat 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 ofstandards approved bythe 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 unitwould makethe imposition of an emissions standard infeasible; 

## 14 2. The standard establishes the emissions reduction achievable by implementation 15 ofthe 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 heatto recirculating water, steam, or other medium. 

## 20 (28) "BTU" means British thermal unit. 21 (29) "Building, structure, facility, or installation" means all ofthe pollutant emitting 22 activitiesthat: 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 underthe control ofthe same person or persons under common control; and 

## 4 (d) Do not include the activities ofavessel. 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 otherfuel-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) 11

### Commence" 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 ofa majorstationary 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 ofthe 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 ofthe 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 

# !fthe 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 under40 C.F.R. 96.4 is the unit's date ofcommencement ofcommercial 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 ifthe 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 ofcommencement of operation. 12 (47) "Complete" is defined by 40 C.F.R. 51.166(b)(22). 13 (48) "Compliance schedule" means atime 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 bythe U.S. EPAto 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 ofan 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 ofemissions 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 underthe 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) for401 I<AR 51 :017; or 4 (b) 40 C.F.R. 51.165(a)(1)(xxxiii) for401 I<AR 51:052. 5 (56) "Control period" means the period beginning May 1 of a year and ending on 6 September 30 ofthe 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 224.01-010(11). 1

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

.



## . 11 (60) 11

## dscrl1" means dry cubic meter at standa"rd conditions.



## 12 (61) "Electric generating unit" means, for 401 KAR 51:160 to 51:195, afossil fuel13 fired boiler, combustion turbine, or a combined cycle system used to generate twenty14 five (25) megawatts 

# or more ofelectricity, some ofwhich 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 orfrom 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 ofemissions 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 unitfirst 2 operated; and 3 (b) An existing emissions unit, which is any emissions unit that does not meet the 4 requirements in paragraph (a) ofthis subsection or is a replacement unit. 5 (65) "Enforceable as a practical matter" means that the emission or otherstandards 6 contained in a permit or compliance schedule include: 

## 7 (a) Technically accurate emission standards and the portions of the source that are 8 subjectto 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 11

## exempt 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) 11

## Extreme 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 bythe 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 ofthe 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 lastyear of operation ofthe unit priorto 1995; or 3 (b) The combustion of fossil fuel, alone or in combination with another fuel, ifthe

. 4 fossil fuel is projected to comprise more than fifty (50) percent ofthe annual heat input 5 on a BTU basis during a year, and the unit is to be fossil fuel fired as ofthe date during 6 the yearthe unit begins combusting fossil fuel. 7 (78) 

## "It" means feet orfoot. 8 (79) "Fuel" means natural gas; petroleum; coal; wood; or a form of solid, liquid, or 9 gaseousfuel derived from these materials forthe purpose ofcreating useful heat. 10 (80) "Fugitive emissions" means those emissions that could not reasonably pass 11 through astack, chimney, vent, or otherfunctionally 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 adevice 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 ofthe fuel, in BTU per lb, and the fuel feed rate into a combustion device, 20 in mass offuel per unit oftime, 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 offiares during startup, shutdown, or malfunction permitted underthe 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) 

## "H2

## 0" means water. 15 (95) "H2

## S" means hydrogen sulfide. 16 (96) "H2

## S04 • 

## means sulfuric acid. 17 (97) "in" means inch. 18 (98) 11

## 1ncineration" means the process of igniting and burning solid, semisolid, liquid, 19 or gaseous combustible wastes. 

## 20 (99) "Industrial boiler or turbine" means afossil 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 (106) "Legally enforceable" means the cabinet or the U.S. EPA 

## has the authority to 

## 8 enforce acertain restriction. 9 (107) "Long dry kiln" means a kiln that employs no preheating of the feed and has a 10 dry inletfeed. 11 (108) "Long wet kiln" means a kiln that employs no preheating of the feed and the 12 inletfeed to the kiln is a slurry. 13 (109) "Lowterrain" means an area otherthan high terrain. 14 (110) "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 thatthe limitation is not achievable; or 18 2. The most stringent emissions limitation achieved in practice 

## by the class or 

## 19 category ofstationary 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 ofa 

## 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 greaterthan the major source threshold for the PAL pollutant 8 as defined bythe Clean AirAct, 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 ofa 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 underafederal 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 ofaccommodating 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 afederally enforceable permit condition that was established afterJanuary 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, pursuantto 401 KAR 51:017; or pursuantto 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 ofa 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 ofavery clean coal-fired electric utility steam generating unit. 21 (c) Instead ofthis 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 forthat 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, October20, 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 peryear or more of aregulated NSR pollutant, exceptthat: 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 (10) 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 aserious carbon monoxide 23 nonattainment area where stationary S':JUrces contribute significantly to Carbon

22

## 1 monoxide levels; and 2 c. Seventy (70) tons peryear 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 offossil 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 peryear or more of a regulated NSR pollutant; or 23 3. Anyphysical 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 ofrefuse 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 offossil-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 ofAugust 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, ifthe administrator ofthe U.S. EPA, in consultationwith the Secretary ofthe 22 U.S. Department of Interior, has determined visibility to be an importantvalue. 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 qualitystandard 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 ofthe 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, ifthe 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 ofthe unit exceptfor 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 ofthe manufacturer's maximum rated hourly heat 22 input orthe 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 ofdecreasing NOx emissions through: 5 (a) Burning part ofthe fuel at alowertemperature; and 6 (b) Reducing-conditions at the solid waste injection point that may destroy some of 7 the NOxformed 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 orthe 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. October20, 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 minorsource 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 forozone. 13 (136) "Modification" means any physical change in, or a change in the method of 14 operation of, an affected facilitythat: 15 (a) Increases the amount of any air pollutant (to which a standard applies) emitted 16 into the atmosphere by that facility orthat results in the emission 'of any air pollutant (to 17 which a standard applies) intothe 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 asource category considering available information; 21 2. An increase in production rate of an affected facllity, 

## if that increase can be 

## 22 accomplished without acapital expenditure on thatfacility; 23 · 3. An increase in the hours of operation;



## 28

## 1 4. Use ofan alternative fuel or raw material if, prior to the date astandard 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 asystem that the cabinet determinesto 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 ofany 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 ofvisual 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 pursuantto 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 ofsubparagraphs 1and 2 ofthis 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 underthis 

## 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 dateten (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 onlyto the extent that the new level 12 ofactual emissions exceeds the old level. 13 (f) 

## A decrease in actual emissions is creditable onlyto 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 afterthe 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, notto exceed 1,80 days

..

31

## 1 (h) The term, actual emissions, as defined in subsection (2) ofthis 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 achange in emission rate. 6 (146) 11

## Nitrogen oxides" means all oxides of nitrogen except nitrous oxide, as 

## 7 measured bytest 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) 11

### Nonattainment 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 ofthis 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 ofthe NOx allowances available for compliance deduction forthe 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) forthe control period;

32

## 1 (b) Excess NOx emissions for a prior control period under40 C.F.R. 96.54(d); 2 (c) Withdrawal from the NOx budgetprogram under40 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 by40 C.F.R. 96.2. 9 (158) "NOx BudgetTrading 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 under401 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, aNOx 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 unitor 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 orwithdrawn; 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 

## orwithdrawn;

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 under401 KAR 51:195 is submitted and not denied orwithdrawn; or 9 (d) For any general account, a person who has an ownership interestwith respectto 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 ofanobject 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 andnot denied or withdrawn, and includes 23 any holding company, utility system, or plant manager ofthe 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 afinal 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 ofwhich 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 ofan ozone depleting substance to the amount ofozone destroyed bythe 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 under40 C.F.R. Part 82 with decay products, after the photolysis ofthe 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 ofthe 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 ofoperation ofthe PAL source that causes itto emit the PAL pollutant at a level

35

## 1 equal to or greaterthan 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 waterthat exists in 

## 7 afinely divided form as a liquid or solid measured by a U.S. EPA-approved test method 

## 8 or atest 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 atest 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 bythe 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 diameterless 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) 11

## PM1011 

## 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 atest 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 ofoperation 23 or on the type or amount of material combusted, stored, or processed, is treated as part

37

## 1 of its design ifthe limitation is enforceable as a practical matter; and 2 2. This definition does not alter or affect the use ofthis 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) Forthe PSD and NSR programs, the maximum capacity ofastationary sourceto 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 ifthe limitation orthe effect itwould 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 priorto 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 ofoperation ofan 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 afterthe 13 project, or in any one (1) ofthe ten (10) 

## years following that date, if: 14 1. The project involves increasing the emissions unit's design capacity or its 

## 15 potential to emitthe 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. ofthis paragraph to detenmine projected actual emissions. 11 (200) "psia" means pounds persquare 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 ofthis 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 of401 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 Ato 

## 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 Administrator1

## s 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 contributorto 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 PM 10 

## in permits issued pursuantto 401 KAR 51 :017; 9 (ii} 

## Compliance with emissions limitations for 

## PM2.6 and PMjQ issued prior to 10 January 1I 

## 2011 I 

## is not based on co-ndensable particulate matter unless required 11 

## by the terms and conditions ofa 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 under42 U.S.C. 

## 7411; 16 

# L!tsll Apollutant 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 ofa general pollutant listed under42 U.S.C. 

## 7408: or



## 42

## 1 (b) For401 KAR 51:052: 2 1. Nitrogen oxides orvolatile 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 tosuch 

## pollutant: 5 

## a. Volatile organic compounds and nitrogen oxides are precursors to ozone in 

## 6 all ozone nonattainmentareasj 7 b. Sulfurdioxide isa precursorto PM2.5

## inall PM2.5

## nonattainmentareas; 8 

# c. Nitrogen oxides are presumed to be precursors to PM2.s in all PM2.s 9 

## nonattainment areas unlessthe Cabinet demonstrates

# to the EPA Administrator's 

## 10 satisfaction or 

## EPA demonstratesthatemissions of nitrogen oxidesfrom 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 ofvolatile organic compounds or ammonia from sources in a specific 17 area are asignificantcontributortothatarea'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 pursuantto 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 bythe terms and conditions ofa 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 unitthat 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 ofan existing emissions unit; 12 2. Is identical to orfunctionally equivalentto the replaced emissions unit; and 13 3. Does not alterthe basic design parameters ofthe process unit. 14 (b) Replaces a unitthat: 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 ofthat person ifthe representative is responsible forthe overall operation 2

.of one (1) or more manufacturing, production, or operating facilities applying for or 3 subjectto 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 ofthe 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 oftime, 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 ofthe 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 impactthe 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, atrain, 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 ofan operation. 15 (218) "Significant" means: 16 (a) For401 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 

## 40tpy 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. 3tpy Sulfuric acid mist 7tpy Hydrogen sulfide (H2

## S) 

## 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-p

## dioxins 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 pursuantto subsection (207)(a)1.c. 

## [{3)] ofthis section. 3 (b) For 401 KAR 51:017, in reference to a net emissions increase or the potential of 4 a sourceto emit a regulated NSR pollutantthat 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 (.10) kilometers of a Class I area, an impact on that area equal to

9 or greaterthan one (1)

## ~glm' over atwenty-four (24) hour average; 10 (d) For 401 KAR 51:052, in reference to a net emissions increase orthe 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

## Sulfurdioxide 40 tpy ; 

### .



# PM,, 10 tpy direct, 40 tpy of sulfur 

## dioxide or nitrogen oxides [fGF I§!FeGYFSSFS)* 

# PM1o 15tpy 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 pursuantto subsection (207)(b)2.c: [(aj(3)] ofthis 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 ofvolatile organic compounds or nitrogen oxides in 7 a serious or severe ozotie nonattainment area; or 

## 8 2. An 

## [Ani] increase in actual emissions ofvolatile 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 significantforthat 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 qualifythe unit as a major emissions unit. 10 (221) "Small emissions unit" means an emissions unitthat 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 ofway. 18 (224) "sq" means square. 19 (225) "Stack or chimney" means a flue, conduit, or duct arranged to conduct 20 emissionsto 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 necessaryto comply with 401 KAR Chapter 51.

51

## 1 (227) "Standard conditions" means: 2 (a) Forsource 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 areference pressure of760 mm Hg (29.92 in. of Hg). 6 (228) "Start-up" or "startup" means the setting in operation ofan affected facility. 7 (229) "State implementation plan" or "SIP" means the most recently prepared plan 8 or revision required by42 U.S.C. 7410 that has been approved bythe 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) "Subjectto 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 ofthe 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, orthe 

## 20 tonnage equivalent of the recorded hourly emissions rates, in accordance with 40 21 C.F.R. Part 96, Subpart Hwith 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 bythe method described in 40 C.F.R. Part 50, Appendix B. 3 (237) "tpy" means tons peryear. 4 (238) "TSS" means total suspended solids. 5 (239) "Uncombined water" means waterthat 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 greaterthan 200,000 based upon the 1980 census. Ifa portion ofacounty 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 UniversalTransverse 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 (247) "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 8a.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 IMPACTANALYSIS AND TIERING STATEMENT Administrative Regulation#: 401 KAR 51:001 Contactperson: Laura Lund, Environmental Technologist Ill (1) Provide.a briefsummary of: (a) Whatthis administrative regulation does: This administrative regulation defines the terms used in 401 KAR Chapter51. (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 224.10-100(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 offederal 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 ofthe statutes: This administrative regulation assists the public and the regulated · community 

## by providing clear and consistent definitions for terms used in 

## 401 KAR Chapter51. (2) Ifthis is an amendment to an existing administrative regulation, provide a briefsummaryof: (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 EPAAdministrator's satisfaction or bythe EPA. (b) The necessity ofthe amendmentto 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 ofindividuals, businesses, organizations, or state and local governments affected 

## by this administrative regulation: Individuals, businesses, organizations, or governments will be affected by this 

## regulation ifthey are subject to any ofthe 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 ofthe 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 qualitythroughout the Commonwealth. (5) Provide an estimate of how much it will cost the administrative body to implementthis administrative regulation: 

## (a) Initially: The Cabinet will not incur any additional costs for the implementation ofthis administrative regulation. 

## (b) On a continuing basis: There will not be any additional continuing costs forthe implementation ofthis 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 

## implementthis 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, nordirectly or**indirec~y** 

## increase, any fees. (9) TIERING: Is tiering applied? Yes. This administrative regulation contains



## 58

## thresholds overwhich facilities may be subjectto permitting requirements.



## 59

## FEDERAL MANDATEANALYSIS 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 ofa 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 AirAct is the federa] mandate that requires states to have a plan for the attainment ofthe national primary ambientairqualitystandards and reasonable further.progress 

## .ofthe 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 ifsubjecttothe 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 governmentagency(including cities, counties, fire departments, or school districts) for the first full year the administrative regulation isto 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)forthe firstyear? This administrative regulation generates no revenue. (b) How much revenue will this administrative regulation generate forthe 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 

## ofthis program. (d) How muchwill itcostto administerthis program forsubsequentyears? There 

## will be no additional costs for administering this program in subsequentyears. Note: Ifspecific dollar estimates cannot be determined, provide a brief narrative to explainthe fiscal impacts ofthe 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 ENERGYAND ENVIRONMENT CABINET 2 Departmentfor Environmental Protection 3 Division forAir Quality 4 (Amended After Comments) TIM:IL72 'ZI .•

# r~.LRC SCI' 1 22012**~l~** REGUlATIONS COMPILER



## 5 401 KAR 51:017. Prevention ofsignificant 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 ofa 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 orunclassifiable under42 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 8to 16 ofthis administrative regulation shall applyto the construction of a new 

## 3 majorstationary source ora major modification ofan 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 ofthis administrative regulation, 

## 6 shall not begin actual construction without a proposed penmit or proposed penmit 7 revision issued under401 KAR 52:020 stating that the major stationary source or major 8 modification shall meetthose 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 ifthe 

## 11 project causes asignificant emissions increase and a significant net emissions increase 12 as provided in paragraphs (a) and (b) ofthis subsection. 13 (a) Priortobeginning 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 1to 3ofthis 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 ofthe 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 muijipletypes of emissions units. A significant 4 emissions increase of a regulated NSR pollutant shall be projected to occur ifthe sum 5 

## of the emissions increases for each emissions unit, using a method specified in 

## 6 subparagraphs 1and 2 ofthis paragraph as applicable for each emissions unit, equals 7 or exceeds the significant amountforthat 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 10 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 peryear atany 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 lowerfor the pollutantfor a period ofexposure. 

## 7 Section 4. Restrictions on Area Classifications. (1) The following areas, which were 8 in existence on August 7, 1977, shall be Class Iareas and shall not be redesignated: 9 (a) International parks;· 10 (b) Nationalwilderness 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 ofthis administrative regulation shall apply 6 onlyto sources that may impact a mandatory Class Ifederal 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 amaximum 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 ofthe 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 ofthe 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) ofthis 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 afterthe later ofthe two (2) effective dates. 16 (3) Forexcluding concentrations pursuant to subsection (1)(d) ofthis 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 longertime is approved bythe U.S. EPA; 20 (b) The time period for excluding certain contributions in accordance with paragraph 21 (a) ofthis subsection shall not be renewable; 22 (c) An emissions increase from astationary source shall not occurthat will:



## 7

## 1 1. Impact a Class Iarea or an area in which an applicable increment is known to be 

## 2 violated; or 3 2. Cause or contribute to the violation ofa 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) ofthis 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 ofan air pollutant underthis administrative regulation shall not be affected by; 10 (a) So much ofthe stack height of a source as exceeds good engineering practice; 11 or 12 (b) Another dispersion technique. 13 (2) Subsection (1) ofthis section shall not apply to stack heights in existence before 14 December 31, 1970, orto dispersion techniques implemented before then. 15 Section 7. Exemptions. (1) Sections 8to16 ofthis administrative regulation shall not 16 applyto a particular majorstationary 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 September22, 1982; 20 2. Commenced construction before September22, 1982; and 21 3. Did not discontinue construction for a period ofeighteen (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 ofthe 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 ofthe stationary source or modification and the source does not belong 6 to any ofthe 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 ofcharging more than 250 tons of refuse perday; 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 categorythat, as ofAugust 7, 1980, is being regulated 16 under42 U.S.C. 7411 or 7412. 17 (d) The source or modification Is a portable stationary source that has previously 18 received apermit underthis 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 Iarea 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 ofoperation at the new location. 3 b. Notice shall be given to the cabinet not less than ten (10) days in advance ofthe 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 underthe applicable SIP before July31, 1987; 11 2. Commenced construction within eighteen (18) months afterJuly 31, 1987; and 12 3. Did not discontinue construction for aperiod ofeighteen (18) months or more and 13 completed construction within a reasonable period oftime. 

## 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 pursuantto 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 pollutantfrom a modification: 

## 5 (a) Will not impact a Class 

## Iarea 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 BACTwill be less than fifty (50) tons peryear. 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 pollutantfrom 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

# oug/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 100 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 ofthe 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, orthe 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 ofthe 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 ofthe 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 PM10took 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 ofthis administrative regulation shall not applyto a particular source 13 or modification, if: 14 1. The owner or operator ofthe source or modification submitted an application for a 15 permit underthis 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 ofthis 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 

## ifthe 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 overthat shorter period. 8 (9) Ifthe owner or operator ofthe 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 PM 10 

## 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) ofthis 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 forwhich 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 ofthe 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 ofthe 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 airquality control region; or 19**(Ql[~]** 

## An applicable maximum allowable increase overthe 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/m 3**  

## 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 orsubstitute model shall be: 

## 9 1. Subjectto notice and opportunitytor public comment under401 KAR 52:100; and 10 2. Approved in writing bythe 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 QualityAnalysis. (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 modificationwill affecttor each ofthe 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 ofthe 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) Foranalysis ofvolatile organic compounds, the owneror operator of aproposed 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 ofproviding 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 ofthe 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 bythe 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 ofthis section. 

## 12 Section 12. Source Information. The owner or operator of a proposed source or 13 modification shall submit to the cabinet all information necessaryto perform an analysis 

## 14 or make adetermination required underthis 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 ofthe 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 determinethat BACTwill be applied.

20

## 1 (2) Upon request of the cabinet, the owner oroperator shall also provide information 

## 2 on: 

## 3 (a) The air quality impact ofthe source or modification, including meteorological and 4 topographical data neoessaryto 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 ofthe impairment to visibility, soils, and vegetation thatwill 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 ofthe 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 forthe area as a resufi ofgeneral commercial, residential, industrial, and other 17 growth associated with the source ormodification. 18 (4) Visibility monitoring. 19 (a) Ifthe 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 bythe 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 majorstationary source or major modification that may 16 affect the Class Iarea. 17 (b) Notice promptly after receiving the pemnit application. The notice shall: 18 1. Include a copy ofall 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 Iarea.

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 ofan advanced notification ofthe permit application. 6 (2) Federal land manager. The federal land managerand 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 ofthe 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) ofthis section, which shows that a proposed new majorstationary source 

## 15 or major modification may have an adverse impact on visibility in aClass Iarea. 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 Iarea, 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 ofthose 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 Iarea. 

## 4 (b) Ifthe cabinet concurs with the demonstration specified in paragraph (a) ofthis 5 subsection, the cabinet shall not issue the permit or permit revision. 

## 6 (5) Class !_variances. 7 (a) The owner or operator ofa 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 forthe 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) ofthis subsection and certifies accordingly; and 22 2. The other applicable requirements ofthis administrative regulation are met. 

## 23 (6) Sulfurdioxidevariance by governorwith 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 ofthe Commonwealth of Kentucky that avariance will not 6 adversely affectthe visibility or other air quality related values ofthe 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) Ifavariance 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 ofthis administrative regulation are met. 14 (7) Variance bythe governorwith the President's concurrence. 15 (a) Ifthe 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 ofthe United States 18 ofAmerica. 19 (b) Ifthe variance is approved by the President, the cabinet shall issue a permit or 20 permit revision in accordance with the requirements of401 KAR Chapter 52, ifthe other 21 applicable requirements ofthis 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 necessaryto assure that: 4 (a) Emissions ofsulfur 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 underthis administrative regulation. 

## 15 Section 

## 16. Source Obligation. 

## (1) An owner or operator ofasource 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 underthe terms ofan approval to construct. 4 (2)(a) Approval to construct shall become invalid ifconstruction: 5 1, Is not commenced within eighteen (18) months after receipt ofthe approval; 6 2. Is discontinued for a period ofeighteen (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 ofa 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 orfederal 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 afterAugust 7, 1980, on the capacity ofthe source or modification to emit a 20 pollutant,.Sections 8to 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 ofthis 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 ofthe project; 11 2. Identification of the emissions units for which emissions of a regulated NSR 12 pollutant could be affected bythe 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 forwhy that amount was excluded; and 19 d. Any applicable netting calculations. 20 (c) For

# aproject specified in paragraph (a) ofthis 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 ofthis subsection; and 4 2. Calculate and maintain a record of the annual emissions, in tons per year on a 

## 5 calendaryear basis for: 6 a. Five (5) 

## years following resumption ofregular operations afterthe change; or 

## 7 b. Ten (10) years following resumption of regular operations after the change ifthe 8 project increases the design capacity or potential to emit of the regulated NSR pollutant 9 

# atthe emissions unit. 

## 10 (d) litheemissions unit is an existing EUSGU, before beginning actual construction, 11 the owner or operator: 12 1. Shall provide acopy ofthe information in paragraph (b) ofthis 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 unit1

## s annual emissions during the calendar year that 

## 18 preceded submission ofthe report.

· 19 (e)1. Foran existing unit otherthan 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 ofthis 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 numberofthe majorstationary 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 operatorwishes 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 bythe cabinet orthe general public pursuant to 401 KAR 52:100. 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 ofa proposed 

## 2 major stationary source or major 

## modification may make a written request that the 3 cabinet approve asystem 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 orfunction; 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) ofthis 11 administrative regulation by a date, specified by the cabinet that is not laterthan four (4) 12 years from the time ofstart-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 bythe cabinet; 17 (d) The source or modification shall not before the date specified bythe 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 ofthesource 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 unlikelyto achieve the required 10 level ofcontrol orto 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 ofBACTthrough use ofa demonstrated system ofcontrol. 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 ofa stationary source or modification who holds a permit

. 20 

## for the source or modification that was issued und.erthis 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 ofthe permit.

32

## 1 (2) The cabinet shall rescind a permit condition if requested and ifthe applicant can 2 demonstrate to the satisfaction ofthe cabinet that this administrative regulation does not 3 applyto the source or modification orto a portion ofthe 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 ofthis section. 7 (1) General provisions. 8 (a) An owner or operator may execute a project without triggering major NSR, ifthe 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 majorstationary source used to avoid applicability ofthe 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 priorto the effective date ofthe 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 fora 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) ofthis section. 11 (3) Establishing a PAL. The cabinet shall establish a PAL at a major stationary 12 source in afederally enforceable permit pursuant to the requirements ofthis section. 

## 13 (a) The PAL shall impose an annual emissions limitation in tons per year that is 14 enforceable as a practical matterforthe entire major stationary source. 

## 15 1. For each month during the PAL effective period afterthe 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 underthe 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) ofthis section; and 3 2. Contains all the requirements ofsubsection (6) ofthis 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 ofonly one (1) pollutant. 

## 8 (e) Each PAL shall 

## have a PAL effective period often (10) years. 9 (f) 

## The owner or operator ofa major stationary source with a PAL shall comply with 10 .the monitoring, recordkeeping, and reporting requirements ofsubsections (11) to (13) of 11 this section foreach emissions unit underthe 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 ofthe PAL is reduced bythe amount ofthe emissions reductions; and 16 2. The reductions will be creditable in the absence ofthe 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 of401 KAR 

## 52:100. The cabinet shall: 20 (a) Provide the public with notice ofthe proposed approval of a PAL permit with at 21 least athirty (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 under42 6 U.S.C. 7401-7671q, whichever is lower. 7 (b) In establishing 

## a PAL level for 

## a PAL pollutant, only one (1) consecutive twenty

# a 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 ofthe 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 requirementthat the cabinet is aware of priorto issuance ofthe 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 peryear;

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 bythe cabinet; 7 (d) A requirement that emissions calculations for compliance purposes include 8 emissionsfrom 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) ofthis 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) ofthis 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) ofthis section; 

## 17 (h) A requirement that the owner or operator shall retain the records required under 18 subsection (12) ofthis section on site. Records may be retained in an electronicformat; 19 (i) A requirement for the owner or operator to submit the reports required under 20 subsection (13) ofthis section bythe required deadlines; and 21 U) 

## Any requirements necessaryto implement and enforce the PAL 22 (7) PAL effective period and reopening ofa PAL permit 23 (a) A PAL effective period shall be ten (10) years.

37

## 1 (b) The cabinet shall reopena PAL permit to: 2 1. Correcttypographical or calculation errors made in setting the PAL; 3 2. Reflect a more accurate determination ofemissions 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 afterthe PAL effective date; 11 2. Reduce the PAL consistent with any requirement enforceable as a practical 12 matter and imposed on the majorstationary source underthe SIP; and 13 

## 3. Reduce the PAL ifthe 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 incrementviolation; or 16 b. An adverse impact on visibility or another air quality related value that has been 17 identified for afederal Class I area by afederal 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 oferrors that do not increase the PAL level. 22 (8) Expiration ofa PAL. A PAL that is not renewed shall expire at the end ofthe PAL 23 effective period, and the requirements ofthis 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 ofthe emissions units that existed underthe 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) ofthis administrative regulation. 11 (9) Renewal ofa 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 awritten 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 earlierthan 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. Ifa 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) ofthis 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 renewthe PAL. 13 (d) PAL adjustment. 14 1. A PAL shall not exceed the source's potential to emit. The cabinet shall adjustthe 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 ifthe 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 greaterthan eighty (80) percent of the current 19 PAL level, unlessthe sum is greaterthan 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 ofthe 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 ofthe 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 ofsubsection (10) 12 ofthis 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 ofthis subsection. 21 (a) Application procedures. To request an increase in the PAL limitfor 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 ofthe emissions units contributing to the increase in emissions that 2 cause the source1

### S 

## emissions to equal or exceed its PAL; 3 2. Demonstration that the increased PAL, as calculated in paragraph (c) ofthis 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 thatwas 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 inemissions forthe 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 ofthe significant and major emissions units assuming 4 application of BACT equivalent controls, plus the sum ofthe baseline actual emissions 5 

## ofthe 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 requirementsfor 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 ofthe PAL pollutant 12 

## in terms ofmass per unit oftime; 13 2. A monitoring system authorized for use in the PAL permit shall be: 14 a. Approved bythe 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 ajudicial proceeding to enforce the PAL permit; 

## 19 4. The PAL monito'ring system shall employ one (1) or more ofthe·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 1to 3ofthis paragraph; and

44

## 1 6. Failure to use a monitoring system that meets the requirements ofthis section 2 shall renderthe 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) ofthis 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 ofthe PAL pollutant contained in or created by any raw material

· 17 

## or fuel used in or at the emissions unit; and



## 18 3. Ifthe vendor ofthe material orfuel from which the pollutant originates publishes a 19 range, use the highestvalue ofthe 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 contentwithin the range. 22 (d) GEMS. An owner or operator using GEMS to monitor PAL pollutant emissions 23 shall meetthe 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 meetthe 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 ofthe 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 bythe 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 asite-specific emission factor within six (6) months of PAL permit issuance ifthe cabinet 22 determines that the testing is required and technically practicable.



# 46

## 1 (g) A source owner oroperator 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) ofthis subsection, in conjunction with permit issuancethe 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 ofthe emissions unit during operating conditions ifthere 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 everyfive (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 ofall records 20 necessaryto determine compliance with any requirement ofthis section and ofthe PAL, 21 including a determination of each emissions unit's twelve (12) month rolling total 22 emissions forfive (5) years from the date ofthe determination.



# 47

## 1 (b) The PAL permit shall require an owner or operator to retain a copy of the 2 fallowing records farthe duration ofthe 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 ofthe end ofeach reporting period and shall contain: 13 1. The identification ofowner and operator and the permit number; 14 2. Total annual emissions, in tpy, based an atwelve (12) month rolling total far each 15 month in the reporting period recorded pursuant to subsection (12)(a) ofthis 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 adeviation;



## 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 datethat 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 operatewithout the monitoring system; and 

## 8 d. The calculation of the emissions of the pollutant or the number determined 9 according to subsection (11)(g) ofthis 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 ofthe owner, the operator, and the permit number; 22 b. The 

## PAL requirement that experienced the deviation orthatwas exceeded; 23 c. 

## Emissions resulting from the deviation orthe 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 ofany revalidation test or method within three (3) months after completion ofthe 6 test or method. 7 (14) Transition requirements. 8 (a) Afterthe 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 ofthis section. 11 (b) The cabinet may supersede a PAL that was established before August 10, 2006, 12 with a different PAL ifthe new PAL complies with the requirements ofthis administrative 13 regulation.

50

# (}i,~reta~ Energy and Environment Cabinet



## 51

## REGULATORY IMPACTANALYSIS AND TIERING STATEMENT Administrative Regulation#: 401 KAR 51:017 Contactperson: Laura Lund, Environmental Technologist Ill (1) Provide a briefsummary of: (a) Whatthis administrative regulation does: This administrative regulation provides forthe prevention ofsignificant 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 

## briefsummary 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 uncertaintyforthe 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 aviolation ofthe NAAQS. In the past, DAQ has used PM 10 

## 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 ofthe PM,,surrogacy policy is no longerallowed. (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 qualitythroughout the Commonwealth. Provide an estimate of how much it will cost the administrative body to implementthis administrative regulation: 

## (a) · Initially: The Cabinet will not incur any additional costs for the 

## implementation ofthis administrative regulation. (b) On a continuing basis: There will not be any additional continuing costs forthe implementation ofthis 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 

## implementthis 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 notestablish, nordirectly 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 September22, 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 ofa 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 

## AirAct 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 stringentthan 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 ofa 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 firstyear? 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 ofthis program. 

## (d) How much will itcostto administerthis program forsubsequentyears? There will be no additional costs for administering this program in subsequentyears. Note: Ifspecific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impacts ofthe 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 ofsiqnificant deterioration ofair quality. Energy and Environment Cabinet 

## Department for Environmental Protection Division forAir 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 Bofthe Division forAirQuality, 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 ofCommerce 

## Testimony Written

Written

Written (3) The following people from the promulgating administrative body attended this public hearing: Name and Title SeanAlteri, Assistant Director 

## Lora-Gowins, Environmental Control Supervisor Jim Eubank, Environmental Technologist II Benjamin Malar, Environmental EngineerAssistant I "Laura Lund, Environmental Technologist Ill "Agency Representative



## 1

## Summary ofComments and Responses (1) General Comment (a) Comment- Support of proposed amendments. ChadHarpole, Kentucky ChamberofCommerce 

## "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. ScottDavis, 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. ScottDavis, U.S. EPA 

## "The EPA's authority to implementthe 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. ScottDavis, 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 dateto establish which version ofthe 40 CFR is incorporated intothe 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 ofthe most recent CFR. (5) 401 KAR 51:001 Section 1(21) (a) Comment- 

## The proposed definitions are inconsistentwith the federal rule. Tom FitzGerald, KentuckyResources 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~glm 3**  

## of PM2.5, 

## would the definition be triggered. In orderto maintain consistency, either a colon should be placed after 'equal to or greater than' and before 'one (1)**~g/m '**  

## orthe phrase 'equal to or greater than' should be inserted before 0.3**~glm 3**  

## 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 inconsistentwith the federal rule. Tom FitzGerald, Kentucky Resources Council R. ScottDavis, 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 pursuantto the state ccunterpart of40 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 inconsistentwith the federal rule. R. ScottDavis, 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. Pursuantto 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. ScottDavis, 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 inconsistentwith thefederal rule. R. ScottDavis, 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. (10) 401 KAR 51 :001 Section 1(207)(a)5 (a) 

## Comment- The proposed definitions are inconsistentwith the federal rule. ChadHarpole, Kentucky Chamberof

## Commerce



## 4

## "

...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 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 inconsistentwith the federal rule. 

## Tom FitzGerald, KentuckyResources 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 inconsistentwith the federal rule. R. 

## ScottDavis, 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 ordone by EPA. (13) 401 KAR51:017 Section 9(2) (a) Comment-Class Ill area impacts should be included. 

## ChadHarpole, Kentucky Chamberof

## 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 offederal rules should have an effective date. R. ScottDavis, 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 of40 CFR is intended for adoption into the SIP." (b) Response- The Cabinet concurs. The regulation is amended accordingly.



## 6

## Summary ofStatement ofConsideration GeneralSummafY 

## 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 for401 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 RegisterofKentucky. 

## This SOC presents a summary ofall comments submitted and the Cabinet's responses. Prominent advertisement ofthe public hearing was published at leastthirty days priorto 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. SummaryofComments 

## 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 atotal offourteen (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 offederal rules should have an effective date 

## • The proposed definitions are inconsistentwith the federal rule



## 7 1comment 

## 1 comment 

## 2 comments 

## 2 comments 

## 8 

## comments

## Action Taken by Promulgating Administrative Body The Cabinet proposes the following amendments: 401 KAR 51:001. Definitionsfor401 KAR Chapter51. 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'', insertthefollowing: 

## equal to or greaterthan Page 10 Section 1(30) Line 4After "(30) '"', inserta degree symbol. Page 41 Section 

## 1 (207) LineS

## After "means", delete "the following". Page41 Section 

## 1(207)(a) Line 7After "(a)", insertthe following: For401 KAR 51:017: 1. Page 41 Section 1(207)(a) 

## Line 

## 8After "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", insertthe 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", insertthe 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.semissions", delete the comma. After "PM 10 

## emissions", delete "shall". 

## Line 22 After "temperatures;", insertthe following: (i) 

## On orafterJanuary 1, 2011, condensable particulate matter is 

## included in applicability determinations and in establishing emissions limitations for PM.., and PMlQ in permits issued pursuantto 401 

## KAR 51:017' (ii) 

## Compliance with emissions limitations for PM2.2 and 

## PM1o issued priorto January 1, 2011, is not based on condensable particulate matter 

## unless required 

## bythe terms and conditions ofa permit: and (iii) Applicability determinations made priorto January 1, 2011, 

## without accounting for condensable particulate matter are not considered in violation ofthis 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 8After"7408", insertthefollowing: 

## (b) For401 

## KAR 51:052: 

## 1. Nitrogen oxides orvolatile organic compounds; or



## 9

## ·Page45 2. A pollutantforwhich 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 contributorto 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 PM 10 

## emissions include gaseous emissions from a source or activity that condense to form particulate matter at ambienttemperatures; (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 bytheterms 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 ofthis section

Section 1(218)(a) 

## Table, 

## PM2.ssection After "or nitrogen oxides", delete ''for precursors". Page 

## 47 Section 1(218)(a) Line 

## 2After "(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 2After "(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 ofsignificantdeterioration ofairquality. 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 Departmentfor Environmental Protection Division forAir Quality 200 Fair' Oaks Lane, 1st Floor Frankfort, Kentucky 40601-1403 air.ky.gov



## October 3, 2012

SenatorJoe Bowen, Co-Chair RepresentativeJohnnyBell, Co-Chair c/o 

## DmmaLittle Administrative Regulation Review Subcommittee LegislativeResearch Conunission 029, CapitolAnnex FrankfortKY 40601 Re: 401 KAR 51:001. Defmitionsfor401 KARChapter51. (Amendment) 401 KAR51;017. Preventionofsignificantdeterioration ofairquality. (Amendment) Leonard K. Peters ·secretary



## 401 KAR51:052. Reviewofnew sources in orimpactinguponnonattainmentareas. (Amendment)

DearCo-Chairs BowenandBell: After discussions 

## with Administrative Regulation Review Subcommittee staff, the Kentucky DivisionforAir Qualityproposesthe attached amendments to 401 KAR

## 51:001.

KentuckyUnbridledSpirit.com 

## Sincerely,

LauraLund, EnvironmentalTechnologistIII KentuckyDivisionfor Air

## Quality 200 FairOaks Lane, Frankfort, KY

An 

### Equal OpportunityEmployer WFID

## SuggestedAmendment ENERGYAND ENVIRONMENT CABINET 

## Department for Environmental Protection Division for Air 

## Quality 401 KAR 51:001. Definitions for 401 KAR Chapter51 Page 41 Section 1(207)(a)1. Line 10 

## After "orprecursorsto", insert "that". Delete "such". Page 43 

## Section 2(207)(b)2. 

## Line 4After "orprecursorsto", insert "that". 

## Delete "such".

1

## ~l~Dfl'vYJTH Lf-iC TIME. 

# --l\.ll'l SEP 1 22012**~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 forAir 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 EngineerAssistant I *Laura Lund, Environmental Technologist Ill *Agency Representative



# 1

## Summary of Comments and Responses (1) General Comment (a) Comment- Support of proposed amendments. ChadHarpole, Kentucky ChamberofCommerce 

## "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. ScottDavis, 

# 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. ScottDavis, U.S. EPA 

## "The EPA's authority to implementthe 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 GeneralSummary 

## 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 ofConsideration has been filed with the LRC relating to: 401 KAR 51:001. Definitionsfor401 KAR Chapter 51. 401 KAR 51 :017. Prevention ofsignificant deterioration ofair quality. The proposed administrative regulation was published in the July 1, 2012, issue of the Administrative RegisterofKentucky. 

## This SOC presents a summary of all comments submitted regarding this administrative regulation and the Cabinet's responses. Prominent advertisement ofthe public hearing was published at least thirty days priorto 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. SummaryofComments andAction 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.



## 3SENATE 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 RayTurner Minority Caucus Chair Carroll Gibson

Majorily Whip Jerry P. Rhoads

Minority Whip



### TO:

FROM:

RE:

DATE: 

# LEGISLATIVE RESEARCH COMMISSION State Capitol 700 CapitolAvenue Frankfort KY 40601 502-564-8100 Capitol FAX 502-223-5094 Annex FAX 502-564-6543 lrc.ky.gov

Robert Sherman Director



### MEMORANDUM

LauraLund, Environmental Technologist III KentuckyDivision for Air Quality DonnaLittle 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 ProTam

RockyAdkins Majority Floor leader JeffHoover Minority Floor Leader RobertR. Damron Majority Caucus Chair Bob DeWeese Minority Caucus Chair TommyThompson MajorityWh!p Danny R. Ford Minority Whip



### Copies ofthe administrativeregulations listed above,Amended AfterComments,areenclosedforyourfiles. Theseadministrativeregulations willbe reviewedbytheAdministrativeRegulationReviewSubcommitteeat its October2012, meeting. PleasenotifYtheproperperson(s) ofthis meeting. Ifyou have any questions, please contactthis officeat (502)**564~8100.** 

### EnclosuresSENATE MEMBERS David L. Williams President, LRC Co-Chair Katie Kratz Stine President

### Pro Tern

Robert Stivers Majority Floor Leader R. J. Palmer11 Minority Floor Leader Dan Seum Majority Caucus Chair Johnny

### Ray Turner Minority Caucus Chair Carroll Gibson Majority Whip Jerry P. Rhoads

MinorityWhip



### TO:

FROM:

RE: DATE: 

# LEGISLATIVE RESEARCH COMMISSION StateCapitol 700CapitolAvenue Frankfort KY 40601 502-564-8100 Capitol FAX 502-223-5094 Annex FAX 502-564-6543 lrc.ky.gov

RobertSherman Director



### MEMORANDUM

Lama Lund, EnvironmentalTechnologistIII KentuckyDivision for Air**Q~1ality** 

### DonnaLittle Regulations Compiler Administrative Regulation NotAmendedAfter Comments- 401 KAR 51:052 September 12,2012 HOUSE MEMBERS Gregory D. Stumbo Speaker, LRC Co-Chair LarryClark Speaker ProTem

RockyAdkins Majority Floor Leader JeffHoover Minority Floor Leader Robert

### R. Damron Majority Caucus Chair BobDeWeese Minority CaucuS Chair TommyThompson Majority Whip Danny R. Ford MinorityWhip



### A copy ofthe StatementofConsideration for the administrative regulation listed above is enclosed for your file. This administrative regulation, not amended after hearing, 

## will bereviewed 

### by the AdministrativeRegulation Review Subcommittee at

### its October2012 meeting. Please notifY the pl'Operperson(s) ofthis meeting. Ifyou have any questions, please contactthis 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) yeartFainins**~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 categoryforwhich he qualifies. (a) Inactive status. If an applicator or operatorfor 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 typeof regulated activity untilthe 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 bythe 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 statusforthe duration of his employmentwith 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 licenseto 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 ofthe 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 ofthe 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 ofanycertification. 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, Mondaythrough Friday, 8 a.m. to4:30p.m. JAMES R. COMER, Commissioner APPROVED

### BY AGENCY: August 14, 2012 FILEDWITH 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.

ENERGYAND ENVIRONMENTCABINET Departmentfor Environmental Protection DivisionforAirQuality (As Amended 

### atARRS, October9, 2012) 401 KAR 51:001. Definitions for 401 KAR Chapter51. 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 AppendicesA, B, 61, 61 Appendix B, 63 AppendicesA-D, 70.2, 75, 82, 96,42 U.S.C. 7401-7671q STATUTORYAUTHORITY: KRS224.10-100(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 Chapter51. 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 tothe 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 under42 U.S.C. 7651 to7651o. (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 selectedtime periods are used to calculate actual emissions; (b) Means source-specific allowable emissions forthe unit are equivalent to actual emissions ofthe unit if the cabinet has made an equivalencydetermination pursuantto40C.F.R. 51.166; (c) Means, for an emissions unit that has not begun normal operations on a particular date, the potential to emit ofthe 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 havethe potential

### to emitthe 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 intothe outdoor atmosphere. (6) "Aircontaminanf' is defined by KRS 224.01-010(1). (7) "Air pollutant" meansair 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 allowancesto be credited

### to a NOxbudget 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 ofoperation, or both, and the most stringent ofthe 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, includingthose with a future compliance date; or



### - 971

-

### 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 moststringent provision ofparagraph (a)1. through 3. ofthis subsection. (13) "Alteration" means: (a) The installation or replacement of air pollution control equipment at asource; or (b) A physical change in or change in the method ofoperation 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, towhich the general public has access. (16) 'Ambient air qualitystandard' means a numerical expression of a specified concentration level for a particular air contaminant and the time averaging interval overwhich 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" meansAmerican 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, intons peryear, ofa 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 operatorwithin the five (5) year period immediately precedingthe datethe owneroroperator 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 averagethat a. Includes fugitive emissions, to the extent quantifiable, and emissions associatedwith startups, shutdowns, and malfunctions; b. Is adjusted downward to exclude any noncompliant emissionsthatoccurredwhile the sourcewas 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 accordingtoclause b. ofthis subparagraph; and 2. If a project involves multiple emissions units, only one (1) consecutive twenty-four (24) month period is used to determinethe 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 unitactually emitted during any consecutivetwenty-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 ofthe date the owner or operator begins actual construction ofthe project orthe date a complete permit application is received by the cabinet for a permit required under 401 KAR 51:017 or51:052. 1. The rate is an average that: a. Includes fugitive emissions, to the extent quantifiable, and emissions associatedwith 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 accordingtoclause b. ofthis subparagraph. 2. If a project involves multiple emissions units, only one (1) consecutive twenty-four (24) month period is used for each regulated NSR pollutantto determinethe 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 potentialto emit; or (d) Fora PALfor a stationarysource, is determined as follows: 1. For an existing EUSGU, in accordance with the procedures contained in paragraph (a) ofthis subsection; 2. For other existing emissions units, in accordance with the procedures contained in paragraph (b) ofthis subsection; and 3. Fora newemissions unit, in accordance with the procedures contained in paragraph (c) ofthis subsection. (21) "Baseline area" means an intrastate area and every part ofthat 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 orgreaterthan 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 intersectand are notsmallerthanthe areaof impact ofa majorstationary sourceor major modificationthat: 1. Establishes a minorsource 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 minorsource baseline date. (22) "Baseline concentration" meansthe ambientconcentration level that exists in the baseline area on the date the applicable minorsource baseline date is established. (23) "Baseline date" means major source baseline date or minorsource 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 ofthesource'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 increaseofthe pollutant. (24) "Begin actual construction" means: (a) Initiation of physical on-site construction activities on an emissions unit that are ofa permanent nature and include installation of building supports and foundations, laying underground pipe work:, and construction ofpermanent storage structures; and (b) For a change in method ofoperations, those on-site activities, otherthan the preparatory activities, that markthe 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-



### -972-

### VOLUME 39, NUMBER 5- NOVEMBER 1, 2012 tantthat will be emitted from a proposed majorstationarysource 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 bythe source or modification through application of production processes or available methods, systems, and techniques, including fuel deaning ortreatment or innovative fuel combustion techniques for control ofthat 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 60and 61; and (c) Is satisfied bya design, equipment, work practice, or operational standard or combination of standards approved by the cabinet, if: 1. The cabinetdetermines pursuantto 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 makethe imposition ofan 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 otherfuel-fired combustion device used to produce heatand to transfer heatto recirculatingwater, steam, orother medium. (28) "BTU" means Britishthermal unit. (29) "Building, structure, facility, or installation" means all ofthe pollutant emitting activities that: (a) Belong to the same industrial grouping or have the same 

### two {2) digit majorgroup 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 ofthe same person or persons under common control; and (d) Do not includethe activities ofa vessel. {30)**·~c·** means degree Celsius (centigrade). (31) "Cabinet" is defined by KRS224.01-010(9). (32) "Cal" means calorie. (33) "Capital expenditure" is defined by40 C.F.R. 60.2. (34) "cfm" means cubicfeet 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 by40 C.F.R. 51.166(b){34). (38) "Clinker" means the product ofa portland cement kiln from which finished cement is manufactured by milling and grinding. (39} "CO" means carbon monoxide. (40) "C02· meanscarbon dioxide. (41) "COD" meanschemical 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 generationorsteam 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 theturbine. (44) "Commence" meansthatan owneroroperator: {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 ofconstruction, modification, or reconstruction of an affected facility; or (b) Forconstruction ofa majorstationary 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 ofthe 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 ofthe sourceto 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 electricityfor 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 ofcommencement 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 under40 C.F.R. 96.4 is the unit's dateofcommencementofcommercial 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 KAR51:195or40 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 ofoperation, 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 ofoperation, the date the unit becomes a NOxbudget unit under40 C.F.R. 96.4 is the unit's date ofcommencement ofoperation. (47) "Complete" is defined by40 C.F.R. 51.166{b){22). (48) "Compliance schedule" means a time schedule of remedial measures including an enforceable sequence ofactions oroperations leading to compliance with a limitation orstandard. (49) "Compliancesupplement pool" means the quantity of NOx allowances provided to Kentucky by the U.S. EPAto be: {a} Allocated to NOx budget units that achieve early reduction; (b) Used to assist NOx budgetsources that are unableto 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 ofoperation, includingfabrication, erection, installation, demolition, or modification of an emissions unitthatwould result in a change inthe emissions at an aircontaminantsource. {51) "Continuous emissions monitoring system" or "CEMS" means all ofthe equipment necessary to meetthe data acquisition and availability requirements of401 KAR51:017 or51:052to sample, condition (if applicable), analyze, and provide a record of emissionson 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 hourfor 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) NOxpollutant 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 (ifappli-



### •973.

### VOLUME 39, NUMBER 5- NOVEMBER 1, 2012 cable), to analyze, and to provide a permanent record ofemissions 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}for401 KAR 51 :052. (56) "Control period" means the period beginning May 1 of a yearand ending on September30ofthe sameyear, inclusive. (57) "Director" means Director ofthe Division forAirQuality of the Energy and Environment Cabinet. (58) "District" is defined by KRS 224.01-Q10(11). (59} "dscf' means dry cubicfeet at standard conditions. (60) "dscm" meansdrycubic meteratstandard conditions. (61} "Electric generating unit' means, for 401 KAR 51:160 to 51:195, afossil fuel-fired boiler, combustion turbine, or a combined cycle system used to generate twenty-five (25) megawatts or more ofelectricity, some ofwhich is offeredfor sale. {62) "Electric utility steam generating unit" or "EUSGU" is defined by40 C.F.R. 51.166(b)(30). (63) 'Emission standard" means that numerical limit thatfixes 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 affectedfacility. (64) 'Emissions unit" means any part of a stationary source, including an EUSGU, that emits or hasthe potential to emit a regulated NSR pollutant. For 401 KAR 51:017 and 51:052, there are 

### two (2) types ofemissions units: (a) A newemissions unit, which is anyemissions unit that is or will be newly constructed and that has existed for lessthan two (2) years from the datethe unitfrrst operated: and (b)

### An existing emissions unit, which is any emissions unit that does not meetthe requirements in paragraph {a) ofthis subsection or is a replacement unit. (65) "Enforceable as a practical matter'' means that the emission or other standards contained in a permit orcompliance schedule include: (a) Technically accurate emission standards and the portions ofthe source thatare subjectto the standards; (b) A lime period adequate to demonstratecompliance 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, underspecified conditions. (67) "Excess NOx emissions" means any tonnage of nitrogen oxides emitted by a NOx budget unit during a control period that exceedsthe NOx budget emissions limitationforthe unit. (68) 'Exemptcompound" or "exempt solvent" means an organiccompound listed in the defrnition ofvolatile organic compound as notparticipating 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" meansdegree Fahrenheit. (72) "Federal land manager" is defined by 40 C.F.R. 51.166(b)(24). (73) "Federally enforceable" means all limitations and conditionsthat are enforceable by the U.S. EPA, including: (a) Requirements developed under40 C.F.R. Parts 60 and 61; (b) Requirements in the Kentucky State Implementation Plan (SIP) approved bythe U.S. EPA; and (c) Any permit requirements established under40 C.F.R. 52.21 or underthe Kentucky SIP approved pursuantto 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 adherenceto a permit issued underthe program. (74) 'Federally enforceable permit" means a permit issued under 401 KAR 52:020 or 52:030, asappropriate. (75) "Fixed capital cost" means the capital needed to provide all the depreciable components. (76) "Fossilfuel" means natural gas; petroleum; coal; ora form of solid, liquid, or gaseous fuel derived from natural gas, petroleum, orcoal. (77) "Fossilfuel fired" means, for a unit: (a) The combustion offossil fuel, alone or in combination wHh anotherfuel, ifthe fossil fuel combusted comprises more than fifty (50) percent ofthe annual heat input on a BTU basis during a year starting in 1995 or, ifa unit had no heat input starting in 1995, duringthe lastyearofoperation ofthe unit priorto 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 ofthe annual heal input on a BTU basis during a year, and the unit is to be fossil fuel fired as ofthe dale during the yearthe unit begins combusting fossil fuel. (78) "ft" meansfeet orfoot. (79} "Fuel" means natural gas; petroleum; coal; wood; or a form of solid, liquid, or gaseous fuel derived from these materials for the purpose ofcreating useful heat. (80} "Fugitive emissions" means those emissions that could not reasonably pass through a stack, chimney, vent, orotherfunctionally equivalent opening. (81} "g" meansgram. (82} "gal" means gallon. (83) 'General fund" is defined by KRS 48.010(15)(a). (84) "Generator" meansa devicethat produces electricity. (85} "gr" means grain. (86) "HCI' means hydrochloricacid. (87) "Heat input" means the product, in MMBTU per unft of time, ofthe gross calorific value ofthefuel, 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, orexhaustfrom othersources; and (b) Is measured, recorded, and reported to the cabinet. (88) "HF" means hydrogenfluoride. (89) "Hg" means mercury. (90) "High terrain" is defined by40 C.F.R. 51.166(b)(25). (91) "hr'' means hour. (92) 'Hydrocarbon" means an organic compound consisting predominantly ofcarbon 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 underthe 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, orgaseous combustible wastes. (99} "Industrial boiler orturbine" means afossil fuel-fired boiler, combustion turbine, or a combined cycle system having a maximum design heat input of250 MMBTU per houror morethat 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 airfrom a process that operates for less than any six (6) consecutive minutes. (102) 

### 'J" meansjoule. (103) "Kg" means kilogram. (104) "I" means liter. (105) 'lb" means pound. (106) "Legally enforceable' meansthecabinet orthe U.S. EPA has the authorityto enforce a certain restriction. 

### "974"

### VOlUME39, NUMBER 5- NOVEMBER 1, 2012 (107) "Long

## dry kiln" means a kiln that employs no preheating ofthe feed and has a dry inlet feed. (108) "Long wet kiln" means a kiln that employs no preheating ofthe feed andthe inletfeed tothe kiln is a slurry. (109) "Lowterrain" means an area otherthan highterrain. (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 ofstationary 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 bythe class orcategory ofstationary 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) "Majoremissions unit" means: (a) Any emissions unit that emits or has the potential to emit 100 tons peryear or more of a PAL pollutant in an attainment area; oc (b) Any emissions unitthat 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 AirAct, 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 majorstationary source that results in a significant emissions increase and a significant net emissions increase ofa 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 significantfor 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 afederal 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, pursuantto40 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 December21, 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 astationary source; 7. The installation, operation, cessation, or removal ofatemporary 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 ofa 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 ofthis definition, the definition for**~PAL** major modification", in subsection (175) ofthis section, is used for a particular regulated NSR pollutant, if the major stationary source is complying with the requirements of401 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 asource with a potential emission rate equal to or greaterthan 100tons peryearof any one {1) ofthe 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,•. October20, 2010. (118) 'Majorstationary 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 ofvolatile organic compounds or nitrogen oxides in a serious ozone nonattainment area; twenty-five (25) tons per year or more ofvolatile organic compounds or nitrogen oxides in a severe ozone nonattainment area; or ten (10) tons per year or more ofvolatile 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 significantlyto 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 ofair pollutants that emits, or has the potential to emit, 100 tons peryear 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 underthe North American Industry Classification System (NAICS) codes 325193 or312140, fossil fuel boilers, or combination offossil 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 ofthe 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 underthis 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 majorforozone; and (c) Fugitive emissions are included only ifthe source belongs to one (1) ofthe following categories ofstationary 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; 

### -975-

### VOLUME 39, NUMBER 5- NOVEMBER 1, 2012 8. Municipal incinerators capable of charging more than 250 tons of refuse perday; 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 morethan 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. Glassfiber 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 or7412. (119) "Malfunction" means a sudden and infrequent failure of air pollution control equipment, process equipment, ora process to operate in a nonnal or usual mannerthat is not caused entirely or in part by poor maintenance, careless operation, or other upset condition orequipment breakdownthat is reasonably preventable. (120} "Mandatory Class l area" means an area identified in 40 C.F.R. Part 81, Subpart D, ifthe administrator ofthe U.S. EPA, in consultation with the Secretary ofthe U.S. Department of Interior, hasdetermined visibility to be an importantvalue. (121) "Marginal nonaltainment county" or "marginal nonattainment area' means a county or portion ofa county designated marginal nonaltainmentforthe national ambient airqualflystandardfor ozone. (122) "Maximum design heat input" means the ability of a unit to combust a stated maximum amount offuel per houron a steady stale basis, as detennined by the physical design and physical characteristics ofthe unit. (123) "Maximum potential hourly heat input' means an hourly heat input used for reporting purposes if a unit lacks certified monitorsto report heat input and is: (a) A value calculated according to 40 C.F.R. Part 75 usingthe 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 unitintends to use a flow monitorand a diluents gas monitor. (124) "Maximum potential NOx emission rate" means the emission rate of NOx (in lb per MMBTU) calculated accordingto40 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 2orthe 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 emissionsthrough: (a) Burning part ofthefuel at a lowertemperature; and (b) Reducing-conditions altho solid waste injection point that may destroysome ofthe NOx fanned upstream in the kiln burning zone. (129) "min" means minute. (130) "Minorsource 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 SIPsubmits a complete application. Thetrigger 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. October20 2011. for PMos: (b) For TSP increments, that the originally established date remains in effect to detennine the amount ofavailable PM,o increments, unless the cabinet rescinds the minor source b8seline date pursuantto40 C.F.R. 51.166(b)(14)(iv); and (C) A date established for each pollutant for which increments orotherequivalent measures have been established if: 1. The area in which the proposed source or modification will construct is designated as attainment or unclassifiable pursuantto 42 U.S.C. 7407(d)(1)(A)(ii) or (iii) forthe pollutant on the dale of its complete application pursuantto 401 KAR Chapter52; and 2. Fora majorstationary source, the pollutant will be emitted in significant amounts or a significant net emissions increase of the pollutantwill occur fora majormodification. (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 ofoperation 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} intothe 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, ifthat increase can be accomplished without a capital expenditure on that facility; 3. An increase inthe hours ofoperation; 4. Use of an alternative fuel or raw material if, priorto 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 priorto 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 bya system thatthe cabinet determines to be less environmentally beneficial; or 7. The relocation orchange in ownership ofa 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 KARChapters 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 oftime if not restricted by seasonal or otherdora!-



## •976.

### 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, orcoloration. (143) "Necessary preconstruction approvals or permits" means those permits or approvals required underthe 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 bywhich the sum ofsubparagraphs 1and 2 ofthis 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 datethat 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 orthe 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 ofactual emissions exceeds the old level. (f) A decrease in actual emissions is creditable only to the extentthat: 1. The old level ofactual emissions orthe old level ofallowable 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 unitthat requires shakedown becomes operational only aftera 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 ofwhich commenced on orafterthe classification date as defined in the applicable administrative regulation, irrespective ofa 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 ofthis definition, "administrator" meansthe U.S. EPA. {151) "NOx" means nitrogen oxides. (152) "NOx allowance" is defined by40 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' meansthe 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 ofthe 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 under40 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 BudgetTrading Program emissions limitation under401 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 under401 KAR 51:195 is submitted and not denied orwithdrawn and incJudes a holding company, utility system, or plant manager ofa NOx budget unit or source. (161) "NOx budget unit owner" means: (a) A holder ofa portion ofthe legal orequitable 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 notdenied or withdrawn; (b) A holder ofa leasehold interest in a NOx budget unit or in a unit forwhich an application for a NOx budget opt-in permit under 401 KAR 51:195 is submitted and not denied orwithdrawn; (c) A purchaser of powerfrom a NOx budget unit orfrom a unit for which an application for a NOx budget opt-in permit under 401 KAR 51:195 is submitted and not denied orwithdrawn undera 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 directlyor 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. 

### -977-

### 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 budgetopt-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, orsupervises an affected facility ora source of which an affected facility is a part. (170) "oz" meansounce. (171) 'Ozone depleting potential" or "ODP", means pursuantto 40 C.F.R. Part 82, SubpartA, Appendices A and B, the ratio ofthe total amount of ozone destroyed by a fixed amount of an ozone depleting substance to the amount of ozone destroyed by the same mass oftrichlorofiuoromethane {CFC-11) in which the ozone depleting potential ofCFC-11 is equalto one and zero-tenths (1.0). (172) "Ozone depleting substance" or "ODS' means any chemical compound regulated under40 C.F.R. Part 82 with decay products, after the photolysis ofthe 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 issuanceofthe 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 emitthe PALpollutant. (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 bythe cabinet that establishes a PALfor a majorstationary source. {177) 'PAL pollutant" means the pollutant for wllich a PAL is established at a majorstationary 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, emittedtothe ambient air as measured by applicable reference methods, or an equivalent or alternative method specified in 40 C.F.R. Chapter I, or bya 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 peryear. (182) "Person" is defined by KRS 224.01-010(17). (183) "Plant-wide applicability limitation" or "PAL" means an emission limitation, expressed in tons peryear, 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 or51:052. (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 bya 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 bya reference method in 40 C.F.R. Part 50, AppendixJ, 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) "PM 10 emissions' means finely divided solid or liquid material with an aerodynamic diameter less than or equal to a nominal ten (1 0) micrometers emitted tothe ambient air as measured by an applicable reference method, or an equivalent or alternative method specified in 40 C.F.R. Chapter I, orbya 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, inwhich: 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 ifthe limitation is enforceable as a practical matter; and 2. This definition does not alter oraffectthe use ofthis termfor other purposes ofthe Clean AirAct, 42 U.S.C. 7401

- 7671q, orthe term 'capacityfactor" as used in the Acid Rain Program (b) Forthe 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 ifthe limitation or the effect itwould have on emissions: a. Isfederally enforceable: or b. For an actual PAL, isfederally enforceable or enforceable as a practical matter; and 2. Secondary emissionsare not counted. {191} "ppb" means parts per billion. (192) "ppm" means parts per million. (193) "ppm(w/w)" means parts per million (weight byweight). (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 priortothefinal fusion in a kiln thatforms 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 feedtothe kiln system is preheated in cyclone chambers priorto thefinal fusion in a kiln thatforms clinker. (197) "Prevention of Significant Deterioration Program" or "PSD Program" means a major source preconstruction program that has been approved bythe U.S. EPAand incorporated intothe Kentucky SIP to implementthe requirements of40 C.F.R. 51.166 or52.21. (198) "Project" means a physical change in or change in method ofoperation ofan existing majorstationary 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 emitthe regulated NSR pollutant; and 2. Full utillzation ofthe 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 emita regulated NSR pollutant, ifthe 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 persquare inch absolute. (201) "psig' means pounds persquare 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 by40 C.F.R. 51.166(b)(37). (204) 'Reasonable further progress" is defined by 42 U.S.C. 7501(1). For purposes ofthis definition, "administrator'' means the U.S. EPA. (205) 'Reconstruction" means the replacement ofcomponents ofan existing affectedfacility to the elden!that: (a) The fixed capital cost ofthe new components exceeds fifty (50) percent ofthefixed capital cost that would be required to construct a comparable entirely newaffected facility; and (b) 11 is technologically and economically feasible to meet the applicable requirements of401 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, AppendicesA to D. (207) "Regulated NSR pollutant" means [thefollowiRg]: (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 to7671q; or 

### !,[f4}] A pollutant that otherwise is subject to regulation, as defined in subsection (231) ofthis section, under42 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 pursuantto 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 under42

. I

' means an i i unit that does not generate creditable emissions reductions by shutting down the existing emissions unitthat 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 ofan 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 permitthat 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) Fora corporation: a president, secretary, treasurer, orvicepresident ofthe corporation in charge ofa 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 ofthat person ifthe representative is responsible forthe overall operation ofone (1) or more manufacturing, production, or operating facilities applyingfororsubjectto 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 ofauthoritytothe representative is approved in advance bythecabinet pursuanttothis subsection; (b) For a partnership or sole proprietorship, a general partner orthe 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 unitoftheagency; or (d) Forthe acid rain portion ofa permitfor an affected source, the designated representative. (211) "Run• means the net period oftime, either intermittent or continuous within the limits ofgood engineering practice, when an emission sample is collected. {212)

## •s• means at standard conditions. (213) "sec" meanssecond. (214) "Secondary emissions" means emissionsthat: (a) Occurasa resultofthe construction or operation ofa major stationary source or major modification, and do not come from the majorstationarysource or major modification itself; (b) Are specific, well defined, quantifiable, and impact the same general area as the stationary source modification that causesthesecondaryemissions; (c) Include emissions from an offsfte supportfacility thatwould 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, orvessel. (215) "Serious nonattainment county'' or "serious nonattainment area' means a county or portion of a county designated serious nonattainmentfor the national ambientairqualitystandardfor 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" meansthe cessation ofan 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 ofemissionsthatwould equal or li I ;

# ;;;;;;;;~~~~ notto be a PM2 .5precursor pursuantto subsection (207)(a)1.c.lf3}] ofthis 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 pollutantthat is notlisted inthetable in paragraph (a) ofthis subsection, any emissions rate; {c) For401 KAR 51:017, in reference to an em1ssions rate ora net emissions increase associated with a major stationary source or major modification, that is to be constructed within ten 

### (1 0) kilometers ofa Class I area, an impact on that area equal to orgreater than one (1) j.I.Q/m3 overa twenty-four (24) houraverage; (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 ofemissions that would equal or



### ; 

### PM2.o precursor subsection

## (ill7)l!>J~"(<~!!~l.ofthis 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 ofemissions that exceedsthefollowing: 1. Twenty-five {25)tons peryearofvolatile 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 exceedsfifty {50)tons peryear in a serious nonattainment area for carbon monoxide in which a stationary source contribute significantlyto 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 significantforthat pollutant. (220) "Significant emissions unit" means an emissions unitthat 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 qualifythe 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) ofthis section; or in 42 U.S.C. 7401 to 7671q, whichever is lower. (222) "S02" means sulfurdioxide. (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 otherright ofway.

· (224} "sq" means square.

-(225} "Stack or chimney" means a flue,**condui~** or cjuct arranged to conduct emissionsto 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 orthe emission control requirements necessarytocomply with 401 KAR Chapter51. (227}"Standardcondlf1ons• means: (a} For source measurements, twenty (20} degrees Celsius (sixty-eight 

### (68} degrees Fahrenheit} and a pressure of760 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 of760 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 by42 U.S.C. 7410 that has been approved bythe 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 deancoal technology demonstration project" is defined by40 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 ofall recorded hourly emissions, or theton· nage equivalent of the recorded hourly emissions rates, in 

### accordance with 40 C.F.R. Part 96, Subpart H with any remaining fraction ofaton equal to or greaterthan 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 particulatematter as measured bythe method described in 40 C.F.R. Part 50, Appendix B. (237) "tpy'' meanstons peryear. (238) "TSS" meanstotal suspended solids. (239) "Uncombined water" means waterthat can be separated from a compound by ordinary physical means and that is not bound to a compound by internal molecularforces. (240) "Unit" means a fossil fuel-fired stationary boiler, combustion turbine, or combined cycle system. (241) "Urban county" means a countythat is a part ofan urbanized area with a population greaterthan 200,000 based upon the 1980 census. If a portion ofa county is a part ofan urbanized area, then the entire county is cJassffied as urban for 401 KAR Chapters 50to65. (242) "Urbanized area' means an area defined by the U.S. Department ofCommerce, Bureau ofCensus. (243) "U.S. EPA" means the United States Environmental Protection Agency. (244) "UTM" means UniversalTransverse Mercator. (245) 'Visibility impairmenr is defined by40 C.F.R. 51.301. (245) ''Volatile organic compound" or 'VOC" is def1ned by 40 C.F.R. 51.100(s). (247) "yd" meansyard. Section 2. Incorporation by Reference. (1) The following materi81 is incorporated by reference: (a} "North American Industry Classification System", 2007, as published bythe Office of Management and Budget; and (b) "Standard Industrial Classification Manual", 1987, as published bythe 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 of8 a.m. to4:30 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, Kentucky40601, (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, Kentucky40741, (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 BYAGENCY: 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 Departmentof Insurance Propertyand Casualty Division (As amended

### atARRS, October9, 2012) 806 KAR 10:060. Cancelation offinancial responsibility. RELATES TO: KRS 304.1-040, 304.2-110, 304.10-030, 304.10-040,304.10-140 STATUTORYAUTHORITY: 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 necessaryfor oras an aid to the effectuation of any provision ofthe 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, forthe effectuation ofthe surplus lines law. This administrative regulation establishes a time limit for insurers, corporate sureties, orotherentities 

### to notifysurplus lines brokers ofthe 

### cancelation ofthatfinancial 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 KAR51 :017. Preventionofsignificantdeteriorationofairquality.

ENERGY.AND ENVIRONMENT CABINET Deparbnentfor Environmental Protection Division forAirQuality (Amended AfterComments) 401 KAR51:017. Prevention ofsignificantdeterioration ofairquality. 

## 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] STATUTORYAUTHORITY: KRS 224. 10-100(5), 40 C.F.R. 51.166, [5%%+;]42 U.S.C. 7401-7671q[. EO2999 568] NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100.@ requires the cabinet to promulgate administrative regulations for the prevention, abatement, and control ofair 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 ofsignificant deterioration ofambient air quality. The provisions ofthis administrative regulation are not [diffe1elil 11e1] more stringentthan the corresponding federal requirements [legtJietiell, 49 G.F.R. 51.166]. Section 1. Applicability. (1) This administrative regulation shall apply to the construction ofa new majorstationary source ora project atan 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 ofthis administrative regulation shall applyto the construction ofa new majorstationary source ora major modification ofan existing majorstationary source. (3) The owner oroperator ofa new major stationary source or major modification, which is subject to the requirements ofSections 8to 16 ofthis administrative regulation, shall not begin actual construction w1thout a proposed permit or proposed permit revision issued under 401 KAR 52:020 stating thatthe major stationary source or major modification shall meetthose 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) ofthis subsection. (a) Prior to beginning actual construction, the owner or operator shall first determine if a significant emissions increase will occur for the applicabletype ofunit being constructed according to subparagraphs 1to 3ofthis 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 ifthe sum ofthe difference between the projected actual emissions and the baseline actual emissionsfor each existing emissions unit equals or exceeds the significant amountforthat pollutant.

_ 2. Actual-to-potential testfor projects that involve only construction of new emissions units. A significant emissions increase ofa regulated NSR pollutant shall be projected to occur ifthe sum ofthe potential to emit from each new emissions unit following completion ofthe project equals or exceedsthe significant amountforthat pollutant. 3. Hybrid test for projectsthat involve multiple types ofemissions units. A significant emissions increase ofa regulated NSR pollutant shall be projected to occur ifthe sum ofthe emissions increasesfor each emissions unit, using a method specified in subparagraphs 1 and 2 ofthis paragraph as applicable for each emissions unit, equals orexceedsthe significant amount forthat pollutant. (b) Priorto beginning actual construction and after completing the applicable procedure established in paragraph (a) ofthe 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 owneroroperator ofthe major stationary source shall comply with the applicable requirements ofSection 20 ofthis administrative regulation. Section 2. Ambient Air Increments. concentration shall be limited to I II

,annual arithmetic mean



## http://www.lrc.ky.gov/kar/40110511017reg.htm 

# J-1.i

# 5{-...iurt

# ly 

# \"--f+- w-t- 

# of

# ~\l'o\isW**All.~ (L:t<;{.~~**  

# .fi.,. itdu.u-1:"

12/10/2012

## 401 KAR51:017. Preventionofsignificantdeteriorationofair quality.

3-hour maximum Nitro en Dioxide: 512 Annual arithmetic mean 25 

## Page 2of13

(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 anyone (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 pollutantfor a period ofexposure. 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) Nationalwilderness areas and national memorial parksthat 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 ofthis administrative regulation shall apply onlyto sources that may impact a mandatory Class I federal area. · (4) The following areas may be redesignated only as Class Ior II: (a) An area that as ofAugust 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 nationalwildlife refuge, a national lakeshore or seashore; and {b) A national part< or national wilderness area established afterAugust 7, 1977, which exceeds 10,000 acres in size. Section 5. Exclusions from Increment Consumption. {1) Pursuantto 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 ofthe order; (b) Concentrations attributable to the increase in emissions from sourcesthat have converted from using natural gas by reason ofa natural gas curtailment plan in effect pursuantto afederal statute overthe emissions from those sources before the effective date ofthe plan; (c) Concentrations of particulate matter attributable to the increase in emissions from construction or other temporary emission-related activities ofnew 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 ofthe U.S. EPA as meeting the criteria established in subsection (3) ofthis section. (2)(a) Exclusion ofconcentrations shall not apply more than five (5) years afterthe effective date ofthe orderto which subsection (1)(a) of this section refers orthe curtailment plan to which subsection (1)(b) ofthis 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 afterthe later ofthe two (2} effective dates. (3} For excluding concentrations pursuanttosubsection (1}(d) ofthis section: {a) The time period overwhich the temporary emissions increase ofsulfur dioxide, particulate matter, or nitrogen oxides would occur shall be specified and shall not exceed two (2} years in duration unless a longertime is approved bythe U.S. EPA: (b) The time period for excluding certain contributions in accordance with paragraph (a} ofthis subsection shall not be renewable; (c) An emissions increase from astationary source shall not occurthatwill: 1. Impacta Class I area or an area in which an applicable increment is known to be violated; or 2. Cause orcontribute to the violation ofa 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 ofemissions limitation required for control ofan air pollutant underthis administrative regulation shall not be affected by: (a) So much ofthe stack height ofa 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 8to16 ofthis administrative regulation shall not apply to a particular major stationary source ormajor modification, if: (a} The owner oroperator: 1 Obtained the necessary federal, state, and local preconstruction approval effective before September 22, 1982; 2. Commenced construction before September22, 1982; and 3. Did notdiscontinue construction for a period ofeighteen (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 ofthe Commonwealth of Kentucky requests that itbe exemptfrom those requirements. (c) The source or modification is a major stationary source or major modification only iffugitive emissions, to the extent quantifiable, are considered in calculating the potential to emit ofthe stationary source or modification and the source does not belong to any ofthe 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/401/051/017reg.htm 12110/2012

## 401 KAR 51 :017. Preventionofsignificantdeteriorationofairquality. Page 3

## of13

6. Primary aluminum ore reduction plants; 7. Primary copper smelters; 8. Municipal incinerators capable ofcharging more than 250tons 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, orcombination offossil-fuel boilers, totaling morethan 250 million BTUs per hour heat input; 22. Petroleum storage andtransfer units with atotal 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 ofmorethan 250 mHI'Ion BTUs per hour heat input; or 27. Another stationary source category that, as ofAugust 7, 1980, is being regulated under42 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 ofthe source at the new location will be temporary; 2. The emissionsfrom the source will not exceed its allowable emissions; 3. The emissionsfrom the source will not impact a Class Iarea oran 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 (10} days in advance ofthe proposed relocation unless a different time duration is previously approved bythe cabinet pursuanttothis 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 oroperator: 1 Obtained all final federal, state, and local preconstruction approvals or permits necessary underthe applicable SIP before July 31, 1987; 2. Commenced construction within eighteen {18) months afterJuly 31, 1987; and 3. Did not discontinue construction for a period ofeighteen (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 underthe applicable permit program before that date; and 2. The cabinet subsequently determined thatthe application as submitted wascomplete 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 pursuantto42 U.S.C. 7407(d)(1)(A)(i). {3) Sections 9,11, and 13 ofthis administrative regulation shall not apply to a proposed majorstationary 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 impacta Class I area oran area where an applicable increment is known to be violated; and (b) Will betemporary. {4) Sections g, 11, and 13 of this administrative regulation, as applicable to a maximum allowable increase for a Class II area, shall not applyto a major modification ata source that in existence on March 1, 1978, ifthe net increase in allowable emissions ofeach regulated NSR pollutantfrom the i of BACTwill be less than fifty (50) tons peryear. (5) The cabinet source or major modification from the monitoring requirements ofSection 11 of this administrative (a) The emissions increase ofthe pollutant from the modification will

# ~~~~~~trollu,;.iog table; or

to



## http:/ /www.lrc.ky.gov/kar/401/051/017reg.htm 12110/2012

## 401 KAR51:017. Preventionofsignificantdeteriorationof

## airquality. 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-houraverage Total reduced sulfur 10 1Jg/m3 1-houraverage Reduced sulfur 10 1Jg/m3 1-houraverage 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) ofthis subsection, orthe pollutant is not listed in the table. (6} Permitting requirements equivalentto Section 9(2) ofthis administrative regulation shall not apply to a stationary source ormodification for a maximum allowable increasefor nitrogen oxides, if: (a) The owneroroperator ofthe source ormodification submitted an application for a permit or permit revision underthe applicable permit program-before the date on which the provisions er'nbodying the maximum allowable increasetook effect in the Kentucky SIP; and (b) The cabinet subsequently determined thatthe 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 increasefor PM10, if: (a) The owner or operator ofthe source or modification submitted an application for a permit underthe applicable permit program before the provisions embodying the maximum allowable increasesfor PM10 took effectas part of Kentucky's SIP; and (b) The cabinet subsequently determined thatthe 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 ofthis administrative regulation shall not applyto a particular source or modification, if: 1. The owner or operator ofthe source ormodification submitted an application for a permit underthis section on or before June 1, 1988; 

# "'2. The cabinet subsequently determines that the application as submitted before that date was complete, exceptfor the requirements for monitoring particulate matter specified in Section 11 ofthis administrative regulation. (b) The requirements for air quality monitoring of PM10 in Section 11 ofthis 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 afterJune 1, 1988, and not laterthan 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 ofthis administrative regulation; and 2. Ifthe 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 ofthis administrative regulation requires shall have been· gathered over that shorter period. (9) Ifthe owner or operator ofthe source or modification submitted an application for a permit under 40 C.F.R 52.21 orthis 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 ofSection 9(2) ofthis administrative regulation shall: (a) Not applyto a stationary source or modificationfor a maximum allowable increasefor PM10;and (b) Apply for the maximum allowable increases for TSP as in effect on the daythe application was submitted. Section 8. Control Technology Review. (1) A major stationary source or major modification shall meet each applicable emissions limitation underthe Kentucky SIP and each applicable emissions standard and standard ofperformance pursuantto 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 pollutantthat 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 ofa physical change or change in the method ofoperation ofthe 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 priorto commencement ofconstruction ofeach independent phase ofthe project; and (b) If requested by the cabinet, the owner or operator ofthe applicable stationary source shall demonstrate the adequacy of a previous BACT determination forthe 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 orcontribute to air pollution in violation of: (gl[ffl] A national ambient airqualitystandard in an airquality control region; or (Ql[ffl] An applicable maximum allowable increase overthe 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,



## http:/ /www.lrc.ky.gov/kar/4011051/017reg.htm 12/10/2012

## 401 KAR51 :017. Preventionofsignificantdeteriorationofairquality. Page 5 of 13

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 ofa modified or substitute model shall be: 1 Subjectto notice and opportunityfor public comment under401 KAR 52:100; and 2. Approved in writing by the U.S. EPA pursuantto 40 C.F.R. 51.166{1). (b) Methods similarto those outlined in the 'Workbookfor the Comparison ofAir Quality Models," specified in 401 KAR 50:040, Section 1 (3), shall be used to determine the comparability ofair 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 areathatthe majorstationary source or major modification will affectfor each ofthe following: 1. Forasource, each pollutantthat the source will have the potentialto emit in asignificant amount; 2. For a modification, each pollutantthat 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 necessaryto assess ambient air quality for that pollutant in an area thatthe emissions ofthat pollutantwill 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 leastthe year preceding receipt ofthe 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 ofvolatile organic compounds, the owner or operator of a proposed major stationary source or major modification who satisfies all conditions of40 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) ofthis administrative regulation, the owneroroperator ofthe 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 pursuantto 40 C.F.R. Part 58, Appendix A. (2) Postconstruction monitoring. After construction ofa major stationary source or major modification, the owner oroperator shall conduct ambient monitoring that the cabinet determines is necessaryto determine the effect emissions from the stationary source ormodification 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 of40 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 necessaryto perform an analysis ormake a determination required underthis 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 drawingsshowing its design and plant layout; (b) A detailed schedule for construction ofthe source ormodification; and (c) A detailed description of the system of continuous emissions reduction planned for the source or modification, emissions estimates, and any information necessaryto determinethat BACTwill be applied. (2) Upon request ofthe cabinet, the owner oroperator shall also provide information on: (a) The air quality impact ofthe source or modification, including meteorological and topographical data necessaryto 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 ormodification 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 ormodification; 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) Ifthe cabinet requires monitoring ofvisibility 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 pursuantto 40 C.F.R. 51.166. (c) Visibility monitoring required by the cabinet in a Class Iarea shall be approved bythe 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 

## http://www.lrc.ky.gov/kar/401/051/017reg.htm 12/10/2012

## 401 KAR51:017. Preventionofsignificantdeteriorationofair

## quality. Page6 of13

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 ofall 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 ofthe proposed source's anticipated impacts on visibility in the Class Iarea. (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 ofan advanced notification ofthe 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 1area 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, ifa 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 ofthe notice and analysis required by subsection (1) ofthis 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) Ifthe 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 oflands located in a Class I area maydemonstratetothe cabinet thatthe emissions from a proposed source or modification will have an adverse impact on the visibility and other air quality related values ofthose 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 increasesfor aClass I area. (b) Ifthe cabinet concurs with the demonstration specified in paragraph (a) of this subsection, the cabinet shall not issue the permit or permit revision.**~·** (5) Class Ivariances. (a) The owner or operator ofa proposed source or modification maydemonstrate to the federal land managerthatthe 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 increasesfor a Class Iarea as specified in Section 2(1} ofthis administrative regulation. (b) If limitations are necessary, the cabinet may issue the permit or permit revision with emissions limitations necessary to assure that emissions ofsulfur 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) ofthis subsection and certifies accordingly; and 2. The other applicable requirements ofthis administrative regulation are met. (6) Sulfur dioxidevariance by governorwith 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 oftwenty-four (24} hours or less, may demonstratetothe Governor ofthe Commonwealth of Kentucky that a variance will not adversely affect the visibility or other air quality related values ofthe 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, grantavariance 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 underthe requirements of401 KAR Chapter 52 ifthe other applicable requirements ofthis administrative regulation are met. (7) Variance by the governorwith 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 ofthe governor and the federal land managershall be transmitted to the President ofthe United States ofAmerica. (b) Ifthe 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, ifthe other applicable requirements ofthis administrative regulation are met. (8) Emissions limitationsfor presidential orgubernatorial variance. For a permit or permit revision issued pursuantto subsections (6) or(7} ofthis section, the source ormodification shall comply with the emissions limitations necessaryto 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 oftwenty-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 underthis 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 underthis administrative regulation and 401 KAR 52:020 orunderthe terms ofan approval to construct. (2)(a) Approval to construct shall become invalid ifconstruction: 1. Is not commenced within eighteen (18) months after receipt ofthe approval;



## http:/ /www.lrc.ky.gov/kar/401/051/017reg.htm 12/10/2012

## 401 KAR51:017. Preventionofsignificantdeterioration ofairquality. Page7 of 13

2. Is discontinued for a period ofeighteen (18) months or more; or 3. Is not completed within a reasonable time. (b) The cabinet mayextend the eighteen (18) month period upon a satisfactory demonstration that an extension is justif!ed. 1. An extension shall not applyto the time period between construction ofthe approved phases ofa phased construction project; and 2. Each phase shall commence construction within eighteen (18} months ofthe projected and approved commencement date. (3) Approval to construct shall not relieve an owner or operator ofthe responsibility to comply fully with 401 KAR Chapters 50 to 68 and other requirements oflocal, state. orfederal 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 afterAugust 7, 1980, on the capacity ofthe source or modification to emita pollutant, Sections 8 to 16 ofthis administrative regulation shall apply to the source or modification as though construction had notyet commenced on the source or modification. (5)(a) The provisions ofthis subsection shall applyto projects at existing emissions units at a majorstationary source other than projects at a source with a PAL, it. 1. There is a reasonable possibility that a projectthat is notpart ofa major modification may result in a significant emissions increase; and 2. The owner or operator electsto 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) ofthis subsection, the owner or operator shall document and maintain a record ofthe following information: 1. A description ofthe project; 2. Identification ofthe emissions unitsforwhich emissions ofa regulated NSR pollutant could be affected bythe 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 ofemissions excluded in calculating projected actual emissions and an explanation for why that amountwas excluded; and d. Anyapplicable netting calculations. (c) For a project specified in paragraph (a) ofthis 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 ofthis subsection; and 2. Calculate and maintain a record ofthe annual emissions, in tons per year on a calendar year basis for: a. Five (5) years following resumption of regular operations afterthe 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 ofthe regulated NSR pollutant at the emissions unit. (d) Ifthe 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 ofeach 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 tothe 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 differfrom the preconstruction projection as documented and maintained pursuantto paragraph (b)3 ofthis subsection. 2. The report shall be submitted within sixty (60) days after the end ofthe year during which records are required to be generated under paragraph (b) ofthis subsection and shall contain the following: a. The name, address, and telephone numberofthe majorstationary source; b. Theannual emissions as calculated pursuantto paragraph (c) ofthis subsection; and c. Any other information that the owneroroperatorwishes to include in the report. (f) The owner or operator ofthe source shall make the information required to be documented and maintained under to this subsection available for review upon request for inspection bythe cabinet or the general public pursuantto 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 ofan 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 thatAct and under42 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 awritten request thatthe cabinet approve a system ofinnovative control technology. (2) The cabinet may, with the consent ofthe governors of other affected states, determine that the source or modification may employ a system ofinnovative 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 ofcontinuous emissions reduction equivalent to thatwhich would have been required under Section 8(2) ofthis administrative regulation by a date, specified bythe cabinetthat is not laterthan four (4) years from the time ofstartup or seven (7) yearsfrom permit issuance; (c) The source or modification shall meet requirements equivalent to those in Sections 8 and 9 ofthis 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 orcontribute to aviolation ofan applicable national ambient air quality standard;_or 2. Impactan area in which an applicable increment is known to beviolated; (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 approvalto employ a system ofinnovative control technology if: (a} The proposed systemfails bythe specified dateto achieve the required continuous emissions reduction rate;



## http:/ /www.lrc.ky.gov/kar/401/051/017reg.htm 12/10/2012

## 401 KAR51:017. Preventionofsignificantdeteriorationofairquality. Page 8 of 13

(b) The proposed system fails before the specified date and contributesto 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 ofcontrol or to protectthe 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) ofthis section, the cabinet may allow the source or modification up to an additional three (3) years to meetthe requirement forthe application of BACTthrough use ofa demonstrated system ofcontrol. Section 19. Permit Condition Rescission. (1)(a) An owneror operator holding a permitfor a stationary source or modification that contains conditions pursuantto401 KAR 51:015 or 51 :016E may request thatthe cabinet rescind the applicable conditions. {b) An owneror operator ofa stationary source or modification who holds a permitfor the source or modification thatwas issued underthis 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 ofthe permit. {2) The cabinet shall rescind a permit condition if requested and ifthe applicant can demonstrate to the satisfaction ofthe cabinet that this administrative regulation does not applyto the source or modification orto a portion ofthe source or modification. Section 20. Plant-wide Applicability Limit Provisions. The cabinet shall only approvethe use ofan actuals PAL (PAL) for an existing major stationary source ifthe PAL meetsthe requirements ofthis section. (1) General provisions. (a) An owner oroperator may execute a projectwithout triggering major NSR, ifthe source maintains its total source-wide emissions below the PAL level, meetsthe requirements in this section, and complies with the PAL permit. Ifthese 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 majorstationary source used to avoid applicability ofthe major NSRprogram. (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 ofan application for a permit orpermit revision requesting a PAL: (a) A list ofall emissions units atthe source designated assmall, significant, or major, based on their potential to emit; (b) Identification ofthe federal and state applicable requirements, emissions limitations, and work practice requirements that applyto 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) ofthis 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 ofthis 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 ofthe monthly emissions from each emissions unit underthe PALforthe previous twelve (12) consecutive months is less than the PAL asatwelve (12) month average, rolled monthly; and 2. For each month during thefirst eleven {11) monthsfrom the PAL effective date, the owner or operatorshall demonstratethatthe sum of the preceding monthly emissions from the PAL effective datefor each emissions unit underthe PAL is lessthan the PAL. {b) The PAL shall be established in a PAL permitthat 1. Meetsthe public participation requirements in subsection (4) ofthis section; and 2. Contains all the requirements ofsubsection (6) ofthis section. (c) A PAL shall includefugitive emissions, to the extent quantifiable, from all emissions unitsthat emit or havethe potential to emitthe PAL pollutant at the majorstationary source. (d) Each PALshall regulate emissions ofonly one (1) pollutant. (e) Each PALshall have a PAL effective period often (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 ofsubsections (11) to (13) ofthis section foreach emissions unit underthe 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 ofthe PAL is reduced by the amountofthe emissions reductions; and 2. The reductions will be creditable in the absence ofthe 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 of401 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 PALpermit orpermit revision. (5) Setting theten (1 0) year PAL level. (a) The PAL level for a major stationary source shall be the sum ofthe baseline actual emissions ofthe 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 under42 U.S.C. 7401-7671q, 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 emissionsfor all existing emissions units. (c) A differentconsecutive twenty-four (24) month period maybe used foreach different PAL pollutant. (d) Emissions associated with units that were permanently shut down afterthe chosen twenty-four (24) month period shall be subtracted from the PAL level. (e) Emissions from units for which actual construction began afterthe twenty-four (24) month period shall be added to the PAL level in an amount equalto the potentialto emit ofthe units. (f) The cabinet shall specify a reduced PAL level in the PAL permit to become effective on the future compliance date ofany applicable federal or state regulatory requirement that the cabinet is awareofpriorto issuance ofthe PAL permit.



## http://www.lrc.ky.gov/kar/4011051/017reg.htm 12/10/2012

## 401 KAR51:017. Preventionofsignificantdeteriorationofairquality. 

## Page 9of13

(6} Contents ofthe PAL permit The PAL permit shall contain the following information: (a} The PAL pollutant and the applicable source-wide emissions limitation in tons peryear; (b) The PAL permit effective date and the expiration dateofthe PAL or PAL effective period; (c) Specification in the PAL permit that if a majorstationary source owner or operator applies to renew a PAL under subsection (9) ofthis section before the end ofthe 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) ofthis section; (g) A requirement that the majorstationary source owner oroperator shall monitor all emissions units in accordance with the provisions in subsection (12} ofthis section; (h) A requirementthatthe owner or operator shall retain the records required under subsection (12} ofthis section on site. Records may be retained in an electronicformat; 

# "'(i) A requirement for the owneror operator to submit the reports required under subsection (13) ofthis section by the required deadlines; 0} Any requirements necessaryto implement and enforce the PAL (7) PALeffective period and reopening ofa 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 ofemissions used to establishthe PAL; 3. Reduce the PAL ifthe owneror operator ofthe 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 (10) ofthis 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 afterthe 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 ifthe cabinet determines that a reduction is necessaryto avoid causing orcontributing to: a. A NationalAmbient Air Quality Standard (NAAQS) or PSD incrementviolation; 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 managerand forwhich information is availableto the general public. (d) All permit reopenings shall be carried out underthe public participation requirements ofsubsection (4) ofthis section exceptfor permit reopenings to correcttypographical orcalculation oferrors that do not increasethe 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, oreach group ofemissions units, that existed underthe PAL shall comply with an allowable emissions limitations undera revised permit established asfollows: 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 unitsthat existed underthe 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. Ifthe PAL has not yet been adjusted for an applicable requirement that became effective during the PAL effective period, as required undersubsection (9)(e) ofthis section, distribution ofallowable emissions shall be made as ifthe PAL has been adjusted. 2. The cabinet shall decJde the date and procedurethe 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, oreach group ofemissions 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 otherthan CEMS, GERMS, PEMS, orCPMS ifthe alternate monitoring system demonstrates compliance with the allowable emissions limitation. (c) The source shall continue to comply with a source-wide, multiunit emissions cap equivalentto the level ofthe PAL emissions limitation until the cabinet issues the revised permit incorporating allowable limitsfor each emissions unit or each group ofemissions units. (d) A major modification atthe major stationary source shall besubjectto major NSR requirements. (e) The major stationary source owner oroperator shall continue to comply with any state or federal applicable requirements eliminated by the PAL that applied during or before the PAL effective period, exceptfor those emissions limitations established pursuantto Section 16(4) of this administrative regulation. (9) Renewal ofa PAL (a} Public participation requirements. 1 The cabinet shall follow the public participation procedures specified in subsection (4) ofthis section in approving a request to renew a PAL for a major stationary source. 2. The cabinet shall provide awritten rationale forthe 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 owneror operator shall submit an application for renewal ofa PAL at least six (6) months before the date of permit expiration but not eariierthan eighteen (18) months before permit expiration. 2. The deadlinefor application submittal shall ensurethatthe 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 permitwith the renewed PAL is issued. (c) Application requirements. The application to renew a PAL permit shall contain: 1. The information required in subsection (2) ofthis section; 2. A proposed PAL level; 3. Thesum ofthe potential to emit ofall emissions units underthe PAL with supporting documentation; and 4. Any other information the owner or operatorwishes the cabinet to consider in determining the appropriate level

### to renew the PAL. 

## http://www.lrc.ky.gov/kar/401/051/017reg.htm 12110/2012

## 401 KAR51:017. Preventionofsignificantdeteriorationofair 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 ifa source's potential to emil has declined belowthe PAL leveL 2. The cabinet may renew the PAL atthe same level as the current PAL ifthe sum ofthe baseline actual emissions for all emissions units at the source plus an amount equal to the significant level is equal to or greaterthan eighty (80) percent of the current PAL level, unless the sum is greaterthan the source's potential to emit. 3. Ifthe sum ofthe baseline actual emissions for all emissions units at the source plus an amount equal to the significant level is less than eighty (80) percent ofthe current PAL level, the cabinet may setthe PALat adifferent level ifthe level is determined to be: a. More representative ofthe source's baseline actual emissions; or b. Appropriate considering the following factors: (i) Air quality needs; (ii) Advances in control technology; (iii) Anticipated economicgrowth in the area ofthe source; (iv) The cabiriet's goal ofpromoting voluntary emissions reductions; (v) Cost effective emissions control alternatives; and (vi) Otherfactors as specifically identified bythe cabinet in itswritten rationale for setting the PAL leveL 4. The cabinet shall not approve a renewed PAL level higherthan the current PAL, unless the major stationary source has complied with the provisions ofsubsection (10) ofthis section. (e) The PAL shall be adjusted in conjunction with PAL permit renewal orTitle V permit renewal, whichever comes first, if: 1. The compliance dale for a state orfederal applicable requirement that appliestothe PAL source occurs during the PAL effective period; 

# "' 2. The cabinet has not already adjusted forthe requirement. (10) Increasing a PAL during the PAL effective period. The cabinet may increase a PAL emissions limitation during the PAL effective period ifthe major stationary source complies with the provisions ofthis 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 ofthe emissions units contributing to the increase in emissions that cause the source's emissions to equal or exceed its PAL; 2. Demonstrationthatthe increased PAL, as calculated in paragraph (c) ofthis 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, unlessthe emissions unit is currently required to comply with a BACT or LAER requirementthat was established within the preceding ten (10) 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 LAERfor that emissions unit; and 3. A statement that the increased PAL level shall be effective on the day any emissions unit that is part ofthe PAL major modification becomes operational and begins to emilthe PAL pollutant. {b) NSR permit and compliance requirement. The owner or operator shall obtain a major NSR permitfor all emissions units contributing to the increase in emissionsfor the PAL major modification. 1 A significant level shall not apply in deciding forwhich 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 orshall continue to besubjectto the PAL. (c) Calculation ofincreased PAL. The cabinet shall calculate the new PAL as the sum ofthe allowable emissions for each modified ornew 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 ofthe baseline actual emissions ofthe small emissions units. (d) Public notice requirement. The public notice requirements ofsubsection (4) ofthis 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 ofthe PAl pollutant in terms ofmass per unit oftime: 2. A monitoring system authorized for use in the PAL permit shall be: a. Approved bythe 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 ajudicial 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) ofthis subsection; 5. The cabinet may approve an alternative monitoring approach that meets the requirements of subparagraphs 1 to 3 ofthis paragraph; 

# '"'6. Failure to use a monitoring system that meetsthe requirements ofthis section shall render the PAL invalid. (b) Minimum performance requirements for approved monitoring approaches. Ifconducted in accordance with the minimum requirements in paragraphs (c) to (i) ofthis subsection, the following shall be acceptable monitoring approaches: 1. Mass balance calculations for activities using coatings orsolvents; 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 orsolvents shall: 1. Provide a demonstrated means ofvalidating the published content ofthe PAL pollutant contained in orcreated by all materials used in orat the emissions unit; 2. Ifthe PAl pollutant cannot be accounted for in the process, assume that the emissions unit emits all ofthe PAL pollutant contained in or created by any raw material orfuel used in or at the emissions unit; and 3. Ifthevendor ofthe material orfuel from which the pollutant originates publishes a range, usethe highestvalue ofthe published range of pollutant content to calculate the PAL pollutant emissions, unless the cabinet determinesthere is site-specific data ora 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 meetthe following requirements:



## http://www.lrc.ky.gov/kar/401/051/017reg.htm 12/10/2012

## 401 KAR51:017. Preventionofsignificantdeteriorationofairquality. Page II ofl3

1 CEMS shall comply with applicable performance specificationsfound in 40 C.F.R. Part 60, Appendix B; and 2. CEMS shall sample, analyze, and record data at least everyfifteen (15) minuteswhile 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 orthe PEMS shall be based on current site-specific data demonstrating a correlation between the monitored parameter and the PAL pollutant emissions across the range ofoperation ofthe 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 ifapproved 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, ifappropriate, to accountfor the degree ofuncertaintyor limitations in the factors' development; 2. The emissions unit shall operate within the designated range ofuse forthe emission factor, ifapplicable; and 3. The owner or operator ofa 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 ifthe cabinet determines that the testing is required and technically practicable. (g) A source owner oroperator shall record and report maximum potential emissions without considering enforceable emissions limitations or operational restrictions for an emissions unit during any period oftime there is no monitoring data, unless another method for determining emissions during such periods is specified in the PAl permit. (h) Ifan owner or operator ofan emissions unit cannot demonstrate a correlation between the monitored parameters and the PAL pollutant emissions rate at all operating points ofthe emissions unit, as an alternative to the requirements ofparagraphs (c) to (g) ofthis 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 ofthe PAL (i) Revalidation. All data used to establish the PAL pollutant shall be revalidated through performance testing or other scientifically valid means ifapproved bythe cabinet. Validation testing shall occur atleastonce everyfiVe {5) years after issuance ofthe 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 ofthis section and ofthe PAL, including a determination ofeach emissions unit's twelve (12) month rolling total emissions for five (5) years from the date ofthe determination. (b) The PAL permit shall require an owner oroperatorto retain a copy ofthe following records for the duration ofthe PAL effective period plusfive (5) years: 1. A copy ofthe PAL permit application and any applications for revisions tothe PAL; and 2. Each annual certification ofcompliance pursuantto 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 accordancew1th 401 KAR 52:020, 52:030, and 52:040that meetthe following requirements: (a) Semiannual report. The semiannual report shall be submitted to the cabinet within thirty {30} days ofthe end ofeach reporting period and shall contain: 1. The identification ofowner 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) ofthis section; 3. All data used in calculating the monthly and annual PAL pollutant emissions, including any quality assurance or quality control data; 4. A listofany emissions units modified oradded tothe majorstationary 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 anycorrective action following a deviation; 6. A notification ofpermanent or temporary shutdown ofany monitoring system including: a. The reason forthe shutdown; b. The anticipated datethat 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 ofthe 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 pursuantto 40 C.F.R. 70.6(a)(3)(iii)(B) shall satisfythe 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.Thedeviation report shall contain the following information: a. The identification ofthe 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 orthe exceedance; and d. A signed statement by the responsible official, as defined by 401 KAR 51 :001, Section 1(210), certifying the truth, accuracy, and completeness ofthe 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 ofthe test or method. (14) Transition requirements. (a) After the U.S. EPA approvesthe Kentucky SIP revisions for the PAL provisions published in 67 Fed. Reg. 80186, December31, 2002, the cabinet shall only issue a PAL that complies with the requirements ofthis section. (b) The cabinet maysupersede a PAL thatwas established before August 10, 2006, with a different PAL ifthe new PAL complies with the requirements ofthis administrative regulation. LEONARD K. PETERS, Secretary APPROVED BY AGENCY: September 11, 2012 FILED WITH LRC: September 12, 2012 at 11 a.m.



## http://www.lrc.ky.gov/kar/401/051/017reg.htm 12/10/2012

## 401 KAR51 :017. Prevention ofsignificantdeteriorationofairquality. 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 IMPACTANALYSIS ANDTIERING 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 ofsignificant deterioration (PSD} of ambient air quality, and applies to major stationary sources and major modifications constructing in areas that are maintainin"g the National AmbientAir Quality Standards (NAAQS). (b) The necessity ofthis 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 ofair 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 establishesthe requirements for issuing permits to stationary sources in areas where the NAAQS have been attained. {2) Ifthis is an amendmentto an existing administrative regulation, provide a brief summary of: (a) How the amendmentwill 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 uncertainlyforthe regulated community. {c) Howthe amendment conforms to the content ofthe authorizing statutes: 42 U.S.C. 741O(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) Howthe amendmentwill assist in the effective administration ofstatutes: 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 September22, 1ga2, and locates in an area designated attainment or unclassifiable is affected bythis administrative regulation. (4) Provide an assessment of how the entities identified in question (3) will be impacted by eitherthe implementation ofthis 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 ofthe PM10 surrogacy policy is no longerallowed. (a} List the actions that each ofthe 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

_ 5and demonstrate that the project's emissions do not cause orcontribute to a violation ofthe PM2

_ 5NAAQS. (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 incurthe cost necessaryto obtain a permit that includes an evaluation of PM2

_ 5emissions. (c) As a result ofcompliance, 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 AirAct requirements preserves and improves airqualitythroughout the Commonwealth. (5) Provide an estimate ofhow much it will cost the administrative body to implementthis administrative regulation: {a) Initially: The Cabinetwill not incur any additional costs for the implementation ofthis administrative regulation. {b) On a continuing basis: There will not be any additional continuing costs forthe implementation ofthis administrative regulation. (6) What is the source ofthe funding to be used for the implementation and enforcement of this administrative regulation: The Cabinet's current operating budgetwill be usedfor the implementation and enforcement ofthis administrative regulation. (7) Provide an assessment ofwhether an increase in fees orfunding will be necessary to implementthis administrative regulation, if new, or by the change if it is an amendment. No increase in fees or funding is necessaryto 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, nordirectly orindirectly 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 MANDATEANALYSIS COMPARISON Federal statute or regulation constituting the federal mandate. As a SIP-approved state for the PSD program under40 C.F.R. 51.166, recent changes in the federal PSD program make it necessaryto revise this regulation to maintain federal approvability. 42 U.S.C. 741O(a}(1) requires Kentucky to adopt and submit aplan providing forthe implementation, maintenance, and enforcement ofa 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 ofthe NAAQS. 40 C F.R. 51.166 is the federal rule that provides the framework to establish a plan and requirements necessaryto 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 stringentthan the federal mandate established by 42 U.S.C. 7401-7626. 5. Justification for the imposition ofthe stricter standard, or additional or different responsibilities or requirements. Stricter standards and requirements are not imposed. FISCAL NOTE ON STATE OR LOCAL GOVERNMENT



## http://www.lrc.ky.gov/kar/401/051/017reg.htm 12110/2012

## 401 KAR 51 :017. Preventionofsignificantdeteriorationofairquality. Page 13 of13

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 majorstationary 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 ofth1s administrative regulation on the expenditures and revenues ofa stale or local government agency (including cities, counties, fire departments, orschool districts) forthe 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, orschool districts) forthe 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, orschool districts) for subsequent years? This administrative regulation generates no revenue. (c) How much will it costto administerthis program for the first year? The Cabinet's existing operating budget is the source offunding for the implementation ofthis program. (d) How much will it cost to administerthis program for subsequent years? There will be no additional costs for administering this program in subsequentyears. 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.



## http://www.lrc.ky.gov/kar/401/0511017reg.htm 12/10/2012

### VOLUME 39, NUMBER 4- OCTOBER 1, 2012 Ieney between state and federal programs and eliminate regulatory uncertainty.

__ (c) Howthe 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 Consistencywith the corresponding federal programs. (3} List thetype and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: Individuals, businesses, organizations, ·or governments will be affected 

### bythis regulation ifthey are subjectto 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 inthis 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 ofhow much it will costthe administrative body to implementthis administrative regulation: (a) Initially: The Cabinet will not incur any additional costS for the implementation ofthis 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 ofthe funding to be used for the implementation and enforcement of this administrative regulation: The Cabinet's current operating budget will be used forthe implementation and enforcement ofthis 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 necessaryto 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, anyfees. (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 224.10-100(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 stringentthan 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 firstfull 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 forthe implementation ofthis 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 subsequentyears. Note: If specific dollarestimates cannot be determined, provide a brief narrative to explain the fiscal impacts of the administrative regulation. Revenues (+/-}:There is no known effecton current revenues. Expenditures (+/-): There ·Is no known effect on current expenditures. Other Explanation:There is no further explanation.

ENERGY AND ENVIRONMENT CABINET Departmentfor Environmental Protection Division forAir Quality (Amended AfterComments) 401 KAR 51:017. Prevention of significant deterioration of airquality. 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). 

## -794-

### VOLUME 39, NUMBER 4- OCTOBER 1, 2012 (2) Except as otherwise provided in this administrative regulat!on, the provisions of Sections 8to 16 ofthis 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 meetthose 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) ofthis 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 

### 3ofthis 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 orexceeds the significant amountfor 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 lorthat 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 pursuantto 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 ofthis 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 peryear at any one (1) location. Section 3. Ambient Air Ceilings. The concentration of a regulated NSR pollutant shall not exceed the concentration allowed underthe national secondary ambient air quality standard or under the national primary ambient air quality standard, whichever concentration is lowerfor the pollutantfor 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 Iareas 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 onlytosourcesthat may impact a mandatory Class I federal area. {4) The following areas maybe 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 afterAugust?, 1977, which exceeds 10,000 acres in size. Section 5. Exclusions from Increment Consumption. (1) Pursuant to notice and opportunity for at leastone (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 beforethe 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 ofthe 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 ofthe U.S. EPA as meeting the criteria established in subsection {3) ofthis section. (2)(a) Exclusion of concentrations shall not apply more than five (5) years afterthe effective date ofthe orderto 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 thetwo (2) effective dates. (3) For excluding concentrations pursuant to subsection (1)(d) ofthis 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 longertime is approved bythe U.S. EPA; (b) Thetime period for excluding certain contributions in accordance with paragraph (a) ofthis subsection shall not be renewable; (c) An emissions increase from a stationary source shall not occurthat 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 underthis 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 dispersiontechnique. (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 oroperator: 1. Obtained the necessary federal, state, and local preconstruction approval effective before September 22, 1982; 2. Commenced construction before September22, 1982; and 3. Did not discontinue construction for a period ofeighteen (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 exemptfrom 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 thefollowing 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 Ionsof refuse perday; 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. Glassfiber 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 under42 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 atthe new location will betemporary; 2. The emissions from the source will not exceed its allowable emissions: 3. The emissions from the source will not impacta Class Iarea or an area where an applicable increment is known to be violated; 

### aod4.a. Reasonable notice is given to the cabinet priorto the relocation identifying the proposed new location and the probable duration of operation atthe new location. b. Notice shall be given to the cabinet not less than ten (10) 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 beforeJuly31, 1987, and the owner oroperator: 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 discontinueconstruction for a period ofeighteen (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; aod2. The cabinet subsequently determined thatthe application as submitted was complete with respect to the particulate matter requirementsthen 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 pursuantto 42 U.S.C. 7407(d){1)(A)(i). (3) Sections 9,11, and 13 of this administrative regulation shall not applyto 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 pollutantfrom a modification: (a) Will not impact a Class 1area 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, ifthe 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 pollutantfrom the modification will cause air quality impacts in an area, which are less than the amounts listed in thefollowina table; or Pollutant AirQualil Level Avera 

### ;, Time Carbon monox- 575 j.Jg/m 8-hour average ide 

### -796-

### VOLUME 39, NUMBER 4-0CTOBER 1, 

### 2012

ozone. ol100 tons peryear 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 inthetable. (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 underthe 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 10(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 underthe 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 applyto 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 laterthan 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 overthat 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 daythe 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 BACTdetermination forthe 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 amodified 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 ofthe following: 1. For a source, each pollutant that the source will have the potentialto emf! in a significant amount; 2. For a modification, each pollutant that the modification will result in asignificant net emissions increase. (b) For a pollutant that does not have a national ambient air quality standard, the analysis shall contain air quality monitoring datathe 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 leastthe 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 estimatethe ambient concentrations of PM10 using the data collected bythat approved monitoring method in accordance with estimating procedures approved bythe cabinet pursuantto 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 oroperator 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 ofthis section. Section 12. Source Information. The owner or operator of a proposed source or modification shall submit to the cabinet all information necessaryto 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 bythe 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 theClass 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 onvisibilityin the Class I area. (c) The cabinet shall also provide the federal land manager and otherfederal 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 formanagement 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 notdemonstratetothe cabinet's satisfaction that an adverse impact on visibility will result in the Class Iarea, 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. 

### -798-

### VOLUME 39, NUMBER 4- OCTOBER 1, 2012 (4) Denial; impact on air quality related values. (a) The federal land manager of lands located in aClass 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 loraClass Iarea. (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 Ivariances. (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) efIRis 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 undersubsection (5) of this section because the source cannot be constructed without exceeding a maximum allowable increase in sulfur dioxide applicable to aClass 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 avariance 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 ifthe other applicable requirements ofthis administrative regulation are met. (7) Variance by the governorwith 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 ofthe United States ofAmerica. (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 ofthis 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 necessaryto 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 overthe 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 underthe 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 ofthe approval; 2. Is discontinuedfor aperiod 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 asatisfactory 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 (1B) months of the projected and approved commencement date. {3) Approval to construct shall not relieve an owner or operator ofthe responsibility to comply fully with 401 KAR Chapters 50 to 68 and other requirements of local, state, orfederal 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 8to 16 ofthis administrative regulati.on shall applyto 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 asource 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 arecord of the following information: 1. Adescription of the project; 2. Identification ofthe emissions units for which emissions of a regulated NSR pollutant could be affected bythe 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:



### • 799.

### 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; aod2. Calculate and maintain a record ofthe annual emissions, in tons peryear on a calendar year basisfor: a. Five (5) years following resumption of regular operations afterthe 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 tothe 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 alterthe 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 reporttothe cabinet ff: a. The annual emissions, in tons peryear, from a project identi· fled in paragraph (a) ofthis subsection exceedsthe 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 alterthe end ofthe 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) ofthis subsection; and c. Any other information that the owner or operator wishes to include in the report. (f) The owner or operator ofthe 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 pursuantto401 KAR 52:100. Section 17. Environmental Impact Statements. If a proposed source or modification is subject to action by a'federal agencythat 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 thatthe cabinet approve a system of innovative control technology. (2) The cabinet may, with the consent of the governors ofother 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, orsafety 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 datespecified bythe cabinet; (d) The source or modification shall not before the date specified bythe 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 ormodification; 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 thatthe proposed system is urilikely to achieve the required level ofcontrol or to protect the public health, welfare, orsafety. (4) Ifa source ormodification 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) ofthis section, the cabinet may allow the source or modification up to an additional three (3) years to meet the requirement for the application of BACTthrough 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 underthis administrative regulation as in effect on July 30, 1987, or an earlierversion of this administrative regulation, may request that the cabinet rescind the permit ora particular portion of the permit. (2) The cabinet shall rescind a permit condftion if requested and if the applicant can demonstratetothe satisfaction ofthe cabinet that this administrative regulation does not applyto the source or modification or to a portion ofthe source or modification. Section 20. Plant-wide Applicabiflty L"rmit Provisions. The cabinetshall 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 withouttriggering 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 subjectto 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 ofthe 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 ofthe PAL. (2) Permit application requirements. The owner or operator ofa 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: 

## -800-

### 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 applyto 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 atwelve {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 ofthis section. (a) The PAL shall impose an annual emissions limitation in tons per year that is enforceable 

### as a practical matterfor the entire majorstationary source. 1. For each month duringthe PALeffective period afterthe first twelve (12) months of establishing a PAL, the owner or operator shall demonstratethat the sum ofthe monthly emissions from each emissions unit urDerthe PALfor the previoustwelve (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 PALeffective date for each emissions unit underthe PAL is less than the PAL. (b) The PAL shall be established in a PAL permitthat: 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 underthe PAL through the PALeffective period. (g) Emissions reductions of a PAL pollutant that occur during the PAL effective period shall not be creditable as decreases for offsets under40 C.F.R. 51.165(a)(3)(ii), unless: 1. The level of the PAL is reduced by the amount ofthe 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) Providethe 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 (10) 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. 7401-7671q, 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 determinethe baseline actual emissions for all existing emissions untts. (c) A different consecutive twenty-four (24) month period may be used loreach 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 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 ofpriorto 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 intons per year; (b) The PAL permit effective date and the expiration date ofthe PALor 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 atwelve (12) month rolling total for each month as required by subsection (i2)(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) ofthis 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 undersubsection (13) ofthis section bythe required deadl"mes; and 

## UJ Any requirements necessary to implement and enforce the PAL. (7) PALeffective period and reopening ofa PAL permit. (a) A PAL effective period shall be ten (10) years. (b) Thecab"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 ofthe major stationary source creates creditable emissions reductions lor use as offsets under40 C.F.R. 51.165(a}(3)(ii); or 4. Revise the PAL to reflect an increase in the PAL according to subsection (10) 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 requirementswith 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 urDerthe SIP·, and 3. Reduce the PAL if the cabinet determines that a reduction is necessaryto avoid causing or contributing to: a. A National Ambient Air Quality Standard (NAAQS) or PSD incrementviolation; or b. An adverse impact on visibility or another air quality related value that has been identrried lorafederal Class I area by afederal 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 increasethe PAL level. (8) Expiration of a PAL. A PAL that is not renewed shall expire at the end of the PAL effective period, andthe requirements ofthis subsection shall then apply.



### - 801

-

### VOLUME 39, NUMBER 4- OCTOBER 

## 1, 2012 (a) Each emissions unit, or each group ofemissions 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 ofthe emissions units that existed underthe 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 oroperator shall use to distributethe 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 subjectto 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 awritten rationale forthe 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 operatorwishes 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 belowthe 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 greaterthan the source's potential to emit. 3. If the sum of the baseline actual emissions forall 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 mayset the PAL at adifferent level ifthe 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 ofthesource; (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 ofsubsection (10) 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 notalready adjusted forthe 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 (10) 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 BACTor 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 tothe 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 permitshall 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 ofthe 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. 

## -802-

### 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 ajudicial 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) ofthis subsection; 5. The cabinet may approve an alternative monitoring approach that meets the requirements of subparagraphs 1 to 3of this paragraph; and 

### 6. Failure to use a monitoring system that meets the requirements ofthis section shall renderthe 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 byall materials used in or at the emissions unit; 2. Ifthe 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 orfuel 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 meetthe 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 meetthe 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 ifapproved 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 forthe 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 ifthe 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 operatorto retain a copy of all records necessary to determine compliance with any requirement of this section and ofthe PAL, including a determination of each emissions unit's twelve (12) month rolling total emissions forfive (5) years from the date of the determination. (b) The PAL permit shall require an owner or operatorto retain acopy ofthe following records for the duration ofthe 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) ofthis 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 adeviation; 6. A notification of permanent or temporary shutdown of any monitoring system including: a. The reason lorthe 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 orthe number determined according to subsection (11)(g} of this section that is included in the permit; and 7. Asigned statement by the responsible official, as defined by 401 KAR 51:001, Section 1(210}, certifying thetruth, accuracy, and completeness of the information provided in the semiannual report

. 

## •603.

### VOLUME 39, NUMBER 4- OCTOBER 1, 2012 (b) Deviation report. The major stationary source owner or operator shall submit reports ofany deviation or exceedance ofthe 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 by40 C.F.A. 70.6(a)(3)(iii){B); 3. The deviation report shall containthefollowing information: a. The identification ofthe owner, the operator, and the permit number; b. The PAL requirement that experienced the deviation orthat was exceeded; c. Em'rssions resulting from the deviation or the exceedance; aodd. A signed statement bythe responsible official, as defined by 401 KAA 51 :001, Section i (21 0), certifyingthetruth, 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 lestor method. (14) Transition requirements. (a) Afterthe 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 PALthat complies with the requirements ofthis 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 BYAGENCY: 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 IMPACTANALYSIS ANDTIERING 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 maintainingthe National Ambient AirQuality Standards (NAAQS). (b) The necessity of this administrative regulation: This administrative regulation is necessaryto continueto 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 224.10-100(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 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) Ifthis is an amendmentto an existing administrative regulation, provide a brief summary of: (a} Howthe amendmentwill 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 uncertaintyforthe 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) Listthe type and number of individuals, businesses, organizations, orstate 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 PM25 due to inadequate test methods and the lack of implementation elements. However, the U.S. EPA has determined that the appropriate dataandtechnology are now available and the use ofthe PM1osurrogacy policy is no longer allowed. (a) Listthe 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 permitthat 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 notbe subjectto 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 itwill cost the administrative bodyto implementthis 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 forthe implementation and enforcement 

### ct this administrafrve regulation: The Cabinet's current operating budgetwill be used forthe implementation and enforcement ofthis 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 necessaryto 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 MANDATEANALYSIS COMPARISON 1. Federal statute or regulation constftuting the federal mandate. As a SIP-approved state forthe PSD program under 40 C.F.R. 51,166, recent changes in thefederal PSD program make it necessaryto 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.



## •804·

### VOLUME 39, NUMBER4- 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 bythis 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 firstfull 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 administerthis program for the first year? The Cabinet's existing operating budget is the source of funding forthe implementation ofthis program. (d) How much will tt cost 

### to administerthis 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 ofHealth Policy {Amended AfterComments) 

### 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 lorthe 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 newtechnological developments shall be provided on the third Thursday ofthe 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 ofthe 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 ofthe 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



## •805·