COW~PNWEALT+ OF KE~TUCKY
NATURAL RESOURCESAND ENV~RONMENTAL PROTECTION CABINET

OFF~CE OF THE SECRETARY

February 20, 1986

Mr. Jack Ravan, Regional Administrator 

### U. S. Environmental Protection Agency Region

### N 345 Courtland St., 

### N.E. Atlanta, Georgia 30365 EPA-flEGIOH 1'V ATLANTA, GA.

Dear Mr. Ravan:

The Natural Resources and Environmental Protection Cabinet, Division of Air Pollution Control, hereby submits for your review and approval five copies of a revision to the State Implementation Plan (SIP)relating to the Protection of Visibility in the Commonwealth of Kentucky, and five copies each of amended regulations 401 KAR 51:017, Prevention of significant deterioration of air quality, and 401 KAR 51:052, Review of new sourcesin or impactingupon non-attainment areas.

In order to comply with the provisions of 40 CFR 51, Subpart P, the Commonwealth of Kentucky has revised its State Implementation 

### Plan by preparing a plan for the Protection of Visibility, as 

### well as revised the above mentioned regulations 401 EAR 51:017 and 401 KAR 51:052. The Division conducted a public hearing 

### on December 30, 1985, to receive comments on each proposed regulation amendment and the SIP revision. This public hearing was conducted pursuant to 40 CFR 51.4, and public hearing notices were published in major newspapers in each affected air quality control region at least thirty days prior to the hearing date. Public hearing notices were also mailed to about 1,300 individuals on the Division's iiiniiiiiglists. 

### Li resprmto the cornrner~ts received during the public comment period, the Division of Air Pollution Control amended each regulation and prepared a Statement of Consider~tior~ to respond to the written comments received. While the Division did not amend the regulations to accommodate every comment requested by the commentors, the Division did respond to each comment and did provide justification where requested changes were not made. The regulations became effective on February 4, 1986.

Five copies of the proposed regulations, Regulatory Impact Analyses, public hearing notices, Statement of Consideration, and regulations as amended after thehearing arealso enclosed toassist you in your review of this SIP revision.Mr. Jack Ravan, Regiond Administrator 

# PaEe Fe ruary 20, 1986

Please to Mr. I am looking forward to your approval of the regulation and SIP revision. address any cornments or questions that you may have regarding this submittal Roger B. McCann, Director ofthe Division of Air Pollution Control.
Sincerely,

CharlotteE. Baldwin Secretary

CEB/jb

EnclosuresPREFACE

The Kentucky Natural Resources and Environmental protection Cabinet, Department for Environmental Protection, submits this Statement of Consideration and amended regulations tothe Legislative Research Commission asrequired by KRS 13A.280. The regulations which arethe subject of this document were published in the December 1, 1985, issue of the Administrative Register of Kentucky. A public hearing to receive oral and written comments on these proposed regulations was conducted December 30, 1985.

This document presents a summary of each relevant comment submitted, the Department's response, and the amended regulations. As the result of the comments received, both of the proposed regulations are being amended. The amended regulations will be reprinted in the February, 1986 Administrative Register of Kentucky, pursuant to KRS 15A.280(4).

Prominent advertisements of the hearing were published thirty days prior to the hearingin accordancewith federalregulation 40 CFR51.4. Public hearing notices and announcement of availability of informationalcopies of the proposed regulations were distributed toapproximately 1,300 individuals and copies were kept on file for public inspection in all of the air quality controlregions and theFrankfort officefor atleast thirty daysprior tothehearing.

Theservices of a- court stenographer were secured and the written commentsarekept

on file at the Department's office in Frankfort, Kentucky. Three statements were received and entered into the record. A list of those persons giving testimony and their affiliationis included in this document.

CharlotteE. Baldwin, Secretary Natural Resources and Environmental

Protection CabinetTABLE OF CONTENTS

PAGE



# ............................................ Commentson 401 KAR 51:017 1



# .......................................... Comments 

### on 401 RAR 51:052.. 3PERSONS SUBMITTING 

### TESTIMONY INTOTHE PUBLIC HEARING 

### RECORD

December 30,1985

PERSON AFFLLLATION

BruceP. Miller U.S. Environmental ProtectionAgency

Todd Crawford Missouri Department of Natural Resources*

Wm. HoraceBrown Environmental Quality Commission 

### TYPEOF TESTIMONY

Written



## * Testimony related only :o the StateImplementationPlan. Written

Written401

### KAB51:017. Prevention of significant deterioration of 

### air quality.

Section 2



### Bruce P. 

### Miller

## -- UnitedStates Environmental Protection Agency

COMMENT:



### The definitions of "visibilityimpairment" and "natural conditions" should be included because theyare used in the definitionof "adverseimpact."

RESPONSE:

The ~ivkon agrees: These definitions have been added, and other definitions relating to mandatory Class I federal areas and Class I areas have been included in Sections 2 and 5,respectively.

Section 5



### Wm.Horace Brown

## --Environmental QualityCommission Bruce P. 

### Miller

## -- UnitedStates Environmental ProtectionAgency

COMMENT:



### The Division should reconsider specifically listing Mammoth Cave 

### as the only Class 1



### area because if additional Class I 

### areas are dedicated, the regulation will have to be 

### amended. The phrase fland

### any other area redesignated as Class I 

### under 40 CFR 

### Section 51

### .Z4 paragraph (g)"

### should be 

### added tothe end ofSection5(2).



# . RESPONSE:

The Division has changed this section to delete the reference to Mammoth Cave National Park and to include the federal definition of Class I area. The Division has also included the federal definition of "mandatory Class I federal area" in Section 2. The proposed Section 5(2) has been deleted, but language similar to the requested languagehas been added to a new Section 5(2).

Section7



### Bruce P. 

### Miller

## -- UnitedStates Environmental Protection Agency

COMMENT:



### The draft regulationfor prevention of significant deterioration (PSD)regardingstack height 

### is consistent with UnitedStates Environmental Protection Agency stack height regulations, but the existing State Implementation Plan (SIP)

### does not meet the new stack height requirements. Cintil the existing SIP 

### is changed the state should implement the PSD 

### regulations consistent with the new stack height regulations. This 

### comment also applies to the regulation on new source review (NSR)innon-attainment areas, 401 

### KAR 51:052.RESPONSE:

The Division agrees with the above comment, and any new permits issued under the regulations for 

### PSDor 

### NSR will be reviewed in accordance with the new federal stack heightregulations promulgated July 8, 1985 (50 FR 27892).

Section 143)

Wm. 

### Horace Brown 

## --Environmental QualityCommission

COMMENT:



### The Division may wish to include "public" in the listing of those who may request visibilitymonitoring data. Thiscomment also applies to401 KAR 51:052.

RESPONSE:



### The Division has considered the above suggestion, but has found that the provisions in 

### KRS 224.035 which state that "any record or other information furnished to or obtained by the Cabinet shall be open to reasonable public inspection

# ..."make such an addition unnecessary.
Section 14(3)



### Bruce P. 

### Miller

## -- UnitedStatesEnvironmental ProtectionAgency

COMMENT:



### The phrase "or other appropriate methods11 should be 

### added to the end of thefirst sentence so as not topreclude the use ofnew visibility monitoring technology and to

, 

### be consistent with the narrative section on visibility monitoring.

RESPONSE:

The Division agrees and the requested change has been made, provided that the L.S. EPAspecifies the appropriate method.COMMENT:



### The rule cannot be approved for any area in which SIP 

### attainment demonstration is 

### based on actual emissions since the baselinefor determining offsetcredit is allowable emissions. See 40 CFR51.1 

### 8(j)(3)(i).

RESPONSE:

The Division has added a sentence to state that in those areas where the demonstration of attainment was based on actual emissions, then the baseline for determing offset credit shall also be actual emissions.



### Bruce P. 

### Miller 

### -- UnitedStates Environmental ProtectionAgency

COMMENT:



### The last line should read, "this regulation would not apply to the source modification

or a portion thereof if 

### construction would have commenced after the classificatior~ date of this rule." The rule must also state that rescission can only be approved if 

### it doesnot interfere withReasonable Further Progress (RFP).

RESPONSE:

The ljivision agrees and has made the requested changes, except that "September 22, 1982," was used in place of "classification date," since that was the date that this regulation became effective.

Section 11(6)



### Bruce P. 

### Miller 

### -- UnitedStates Environmental Protection Agency

COMMENT:



### The phrase "or other appropriate methods" should be added to the end of the firs! 

### sentence so as not to reclude the use ofnew visibility monitoring technology and to 

### be consistent with the tlat-rativesection on visibilitymonitoring.

RESPONSE:

The Division agrees and Iiaa aaaed this phrase, provided that such appropriate methods

are specified by the U.S. EF.3.401KAR 51:017. Prevention of significant deterioration ofairquality.

NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET Department for Environmental Protection Division ofAir Pollution

RELATESTO: KRS 224.320, 224.330 and 224.340 PURSUANT TO: 

### KRS 224.033 NECESSITY AND FUNCTION: KRS 224.033 requires theNatural Resources and Environmental Protection Cabinet to prescribe regulations for the prevention, abatement and control of airpollution. 

### This regulation provides for the prevention 

### of significantdeterioration of ambientairquality.

Section 1. Applicability. Theprovisions of thisregulation areapplicable toany major stationary sourceor anymajor modificationwhich: (1) Commenced constructionafterSeptember 22, 1982; '(2) Emitsanypollutant regulatedby theCleanAir Act; and (3) Is constructed in areas designated 

### as attainment or unclassifiable for any pollutant 

### asdefined pursuant toSection 107(dXl)(D)or 

### (E) of the CleanAir Act. Area designationsarecontainedin 40 CFR 81.318.

Section 2. Definitions. As used in this regulation 

### all terms not defined herein shallhave themeaning giventhem 

### in 401KAR 50:OlO. (1) "Major stationarysourcew means: (a) Any of the following stationary sources of air pollutants which emits, or has the potential to emit, 100 tons per year or more of any pollutant subject to regulation under the Clean Air Act: 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 smelters, 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, fossil fuel boilers (or combination thereof) totaling more than 250 million BTU per hour heat input, petroleum storage and transfer units with 

### a total storage capacityexceeding 300,000 barrels, taconite ore processing plants, 

### glass fiber processing plants, and charcoal production plants; (b) Notwithstanding the stationary source size specified in paragraph 

### (a) of this subsection, any stationary source which emits, or has the potential to emit, 250 tons per year or more of any air pollutant subject toregulation under the Clean Air Act; and

### (c) Any physical change that would occur ata stationary source not otherwise qualifying under this 

### subsection as a major stationary source, if the changes would constitute a major stationarysource by 

### themselves. (d) A 

### major stationary source that is 

### major for volatile organic compounds shallbe considered major for ozone. (2) 

### "Major modificationnmeans any physical changein or change in the method of operation of a major stationary source that would result in 

### a significant net emissionsincreaseof any pollutant subjecttoregulationunder the Clean Air Act. (a) Any 

### net emissions increase that is significant for volatile organic compounds shallbe significantfor ozone. (b) A 

### physical changeor change in 

### the 

### method of operation shallnot include: 1. 

### Routine maintenance, repair and replacement; 2. 

### Use of alternative fuel or raw material by 

### reason of an order or by 

### reason ofa natural 

### gas curtailmentplan in 

### effect under a federalact; 3. 

### Use of an alternative fuel

### ata steam generatingunit to the extent that the fuelis 

### generated from municipal solidwaste; 4. 

### Use of an alternative fuel or raw materialby 

### a stationarysourcewhich:

a. The source was capable of accommodating before January 6, 

### 1975, unless such change would be prohibited under any permit condition which 

### was established afterJanuary 6, 1975;or b. 

### The source is 

### approved 

### to use under any permitissued under this regulation

or under 40 CFR 52.21; 

### 5. An 

### increase

### in the hours of operation or in 

### the productionrate, unless such change would be prohibited after January 6, 1975 

### pursuant to 40 

### CFR 52.21, 

### after June 6, 

### 1979 pursuant to 401 KAR 

### 51:015, after September 22, 1982

### pursuant to this regulation; or under 401KAR 

### 50:035 and 401 KAR 

### 51:016E; or 6. Any 

### changein ownershipata stationary source. (3) 

### "Net emission increase" means the amount by 

### which the sum of paragraphs (a)and (b)

### ofthis subsectionexceedszero: (a) Any 

### increase 

### in actual emissions from a particular physical change or change in method of operationata stationarysource;and (b) 

### Any other increases 

### and^ decreases in actual emissions at the source that

are contemporaneous with the particular changeand areotherwisecreditable. (c) An 

### increase or decrease in actual emissions is 

### contemporaneouswith the increase from the particular change only if it occurs between the date which is 

### ten (10) 

### years before construction on 

### the particular change commences, but not before January 6, 

### 1975,and the date that the increase from the particular changeoccurs. (d) An 

### increaseor decreasein actual emissionsis 

### creditableonly if the cabinet

or the U.S. 

### EPA has 

### not relied on it 

### in issuing a permit for the source under this regulation or 40 CFR 

### 52.21, which permit is 

### in effect when the increase in actual emissions from the 

### particular changeoccurs. (e) An 

### increase or decrease in actual emissions of sulfurdioxideor particulate matter which occurs before the applicable baseline date is 

### creditable only if it is 

### required to be considered in 

### calculating the amount of maximum allowable increases remaining available. (f) An 

### increase in actual emissions is 

### creditable only to the extent that the

new level of actual emissions exceeds the oldlevel. (g) A 

### decrease

### inactualemissionsis 

### creditableonly to the extent that: 1. 

### The old level of actual emissions or the old level of allowable emissions, whichever is

### lower, exceeds the new level of actual emissions;2. It is state and federally construction on the particular change enforceable at and after the time that actual begins; and 3. It has approximately the samequalitative significance for public health and welfare 

### as that attributed to the increase &omthe particular change. (h) An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operationalonly aftera reasonable shakedown period, not to exceed 180days. (4) "Potential to emitnmeans the maximum capacity of a stationary source to emit a pollutant under its physical or operational design. Any 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, shall be treated as part of its design if the limitation or the effect it would have on emissions is state and federally enforceable. Secondary emissions do not count in determining the potential to emit of a stationary

source. (5) "Stationary sourcen means any building, structure, facility, or installation which emits or may emit any air pollutant subject to regulation under the Clean Air Act. (6) "Building, structure, facility, or installationf1means all of the pollutant emittingactivities which belong tothe same industrialgrouping,arelocated on one (1)

or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control) except the activities of any vessel. Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same major group (i.e., which have the same two (2) digit code) 

### as described in the Standard Industrial Classification Manual, 1972, as amended by the 1977supplement. (7) "Emission unitnmeans any part of a stationary source which emitsor would have the potential toemit any pollutant subjecttoregulation under the Clean Air Act. (8) "Constructionn means any physical change or change in the method of operation (includingfabrication, erection, installation, demolition, or modification of

an emissionsunit)which wouldresult in a change

### in actual emissions. (9) Wommencen as applied to construction of a major stationary source or major modificationmeans that the owner or operator hasall necessary preconstruction approvalsor permits and either has: (a) Begun, or caused to begin, a continuous program of actual on-site constructionof the source, tobe completed within a reasonable time; or (b) Entered into agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time. (10) "Necessary preconstruction approvals or permitsn means those permits or approvals required under regulations of Title 401, Chapters 50 to 63 and federal air quality control lawsandregulations. (1 1) "Begin actual constructionnmeans, in general, initiation of physical onsite construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying underground pipework and construction of permanent storage structures. With respect to

### a change in method of operations, this term refers tothose on-site activitiesother than the preparatory activitieswhich mark theinitiation of the change.(12) "Best available control technologyn means 

### an emissions limitation (includinga visible emission standard)based on the maximum degree of reduction for each pollutant subject to regulation under the Clean Air Act which would be emitted from any proposed major stationary source or major modification which the cabinet,

on a case-by-case basis, taking into account energy, environmental, and economic impacts 

### and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel cornbustion techniques for control of suchpollutant. In no event shallapplicationof best available control technology result in emissions of any pollutant which would exceed the emissions allowed by any applicable standardunder Title 401, Chapters57 and 59 or 40 CFR Parts 60 and 61. If the secretary determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, 

### a design, equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of best available control technology. Such standard shall,tothedegreepossible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice or operation,and shall provide for compliance by means which achieve equivaientresults. (13) "Baseline concentrationn means that ambient concentration level which exists 

### in the baseline area at the time of the applicable baseline date. A baseline concentrationis determined for each pollutant for which a baseline date is established and shall include: (a) The actual emissions representative of sources in existence on the applicable

### baseline date, except asprovided 

### inparagraph (c)of this subsection;and (b) The allowable emissions of major stationary sources which commenced construction before January 6, 1975, but were not 

### in operation by the applicable baselinedate. (c) The following will not be included in the baseline concentration and will affectthe applicable maximum allowableincrease(s): 1. Actual emissions from any major stationary source on which construction commenced afterJanuary 6, 1975;and 2. Actual emissions increases and decreases at any stationary source occurringafter the baselinedate. (14) "Baseline datenmeans the earliest date after August 7, 1977, on which the first complete application is submitted by a major stationary source or major modification subject to the requirements of federal 

### or state prevention of significant deteriorationregulations. Ttrebaseline date is established for each pollutant for which increments or other equivalentmeasureshave been established if: (a) The area in which the proposed source or modification would 

### construct is designated 

### asattainment or undassifiablepursuant toSection 107(d)(l)(D) 

### or 

### (E)of the Clean Air Act for the pollutant on the date of its complete application;and (b) In the case of a major stationarysource, the pollutant would be emitted in significant amounts, or, 

### in the case of a major modification, there would be a significantnet emissionsincreaseof the pollutant. (15) "Baseline arean means any area (and every part thereof) designated as attainment or unclassifiable pursuant to Section 107(d)(l)(D) or 

### (E)of the Clean Air Act in which the major source or major modification establishing the baseline date would construct or would have an air quality impact equal to or greater than one (1) g/m3 (annual average) of the pollutant for which the baseline date is established. Area redesignations under Section 107(d)(l)(D) or (E) of the Clean Air Act cannotintersect or be smaller than the area of impact of any major stationary source or major modificationwhich: (a) Establishesa baselinedate; or (b) Is subject to this regulation and would be constructed in the Commonwealth of Kentucky. (16) "Allowable emissions1' means the emissions rate of a stationary source calculated using the maximum rated capacity of the source 

### (unless the source is subject to state and federally enforceable limits which restrict the operating rate, or hours of operation, or both)and the most stringent of the following: 

### (a) The applicable standards 

### as set forth 

### in Title 401, Chapters 57 and 59, or 40 CFR 60 and 61; (b) The applicable state and federally approved regulatory emissions limitation, including those with a future compliancedate;or (c) The emissions rate specified 

### as a state and federally enforceable permit condition, including those with a future compliancedate. (17) "Federally enforceablen means all limitations and conditions which are enforceable by the 

### U.S. EPA, including those requirements developed pursuant to 40 CFR 60 and 61, requirements within any applicable State Implementation Plan, and any permit requirements established pursuant to 40 

### CFR 52.21 or under regulations approved pursuant to40 CFR 51.18 or 40 CFR 51.24. (18) "Secondary emissionsn means emissions which would occur 

### as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. For the purpose of this regulation, secondary emissions shall be specific, well defined, quantifiable, and impact the same general 

### area 

### as the stationary source or modification which causes the secondary emissions. Secondary emissions include emissions from any offsite support facility which would not otherwisebe constructed

or increase its emissions 

### as a result of the construction or operation of the major stationary source or major modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as the emissions from the tailpipe of 

### a motor vehicle, from a train, or from a vessel. (19) "Innovative control technologynmeans any system of air pollution control that h& not been adequately demonstrated in practice, but would have a substantial likelihood of achievinggreater continuous emissions reduction than any control system in current practice or of achieving at least comparable reductions at lower cost in terms of energy, economics,or nonair quality environmentalimpacts. (20) "Fugitive emissionsnmeans those emissions which could not reasonably pass through a stack, chimney, vent, or other functionallyequivalent opening. (21) (a) "Actual emissionsn means the actual rate of emissionsof a pollutant from an emissions unit, 

### as determined in accordance with paragraphs (b)to (d)of this subsection. (b) In general, actual emissions as of a particular date shall equal the average rate, 

### in tons per year, atwhich the unit actually emitted the pollutant during a two (2) 

### year period which precedes the particular date and which is representative of normal

source operation. The cabinet shall allow the use of a different time period upon a determination that it is more representative of normal source operation. Actual emissions shallbe calculated wing the unit's actual operating how, production rates, and types of materials processed, stored, or combusted during the selected time period. (c) The cabinet may presume that sourcespecific allowable emissions for the unit areequivalent to the actual emissionsof the unit.(d) For any emissions unit which has not begun normal particular date, actual emissions shall equal the potential to emit date. (22) "Completen means, in reference to 

### an application for application containsall of the information necessary forprocessing (23) "Significant" means: operations on the of the unit on that

a permit, that the the application.

(a) In ieference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the rates given in Appendix A to thisregulation. (b) In reference to a net emissions increase or the potential of a source to emit a pollutant subject to regulation under the Clean Air Act that is not listed in Appendix A to this regulation, any emissionsrate. (c) Notwithstanding paragraph (b) of this subsection and Appendix A to this regulation, "significantn means any emissions rate or any net emissions increase associated with 

### a major stationary source or major modification, which would constructwithin ten (10)kilometers of a ClassIarea, and have an impact on such area equal to or greater than one (1) pg/mS(twenty-four (24)hour average). (24) nFederal land managern means, with respect to any lands 

### in the United States, the secretary of the departmentwith authorityover suchlands. (25) "High terrainvmeans any area having 

### an elevation 900 feet or more above the base of the stackofa source. (26) "Low terrainnmeans any 

### area other than high terrain. (27) "Adverse impact on visibilitynmeans visibility impairment which interferes with the management, protection, preservation or enjoyment of the visitor's visual experience of the Class I area. This determination shall be made on a case-by-case 

### basis taking into account the geographic extent, intensity, duration, frequency and time ofvisibility impairment,and how these factorscorrelate with the times of visitor

use of the ClassIarea, 

### and the frequencyand timing of natural conditionsthat reduce visibility. (28) "State Implementation Plan" means the most recently prepared plan or revision thereofrequired by Section 110of the Clean Air Act which has been approved by the U.S. EPA. (29) "Mandatory Class I federal areav1 means any area identified 

### in 40 CFR 81, Subpart D, where the administrator of the 

### U.S. EPA, in consultation with the Secretary of the United States Department of Interior,has determined visibility to be

an importantvalue. (30) ltNatural conditionsn means those naturally occurring phenomena that reduce visibility

### asmeasured 

### in terms of visualrange, contrast, or coloration. (31) Visibility impairment" means any humanly perceptible change in visibility 

### (visualrange, contrast, coloration) from that which would have existed under natural conditions.

Section 3. Ambient Air Increments. In areasdesignated 

### as Class 1or 

### II, increases in pollutant concentration over the baseline concentration shall be limited to the levels specified in Appendix B to this regulation. For any period other than an annual period, the applicable maximum allowable increase may be exceeded during one (1) such period per year atany one (1) location.

Section 4. Ambient Air Ceilings. No concentration of a pollutant specified in Section 1of this regulation shall exceed:(c) That no emissions increase will occur from a stationary source which would:1. Impact a Class I area or an area where 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 will be in effect at the end of the time period specified in accordance with paragraph (a)of this subsection which would ensure that the emissions levels from stationary sources affected by the plan revision would not exceed those levels occurring from such sources before the plan revision

### was approved.

Section 7. Stack Heights. (1) The degree of emission limitation required for control of any air pollutant under this regulation shall not be affected in any manner by: (a) So much of the stack height of any source as exceeds good engineering practice; or (b) Any other dispersiontechnique. (2) Subsection (1)of this section shall not apply with respect to stack heights in existence before December 31, 1970, or to dispersion techniques implemented before then.

Section 8. Review of Major Stationary Sources and Major Modifications; Source Applicabilityand Exemptions. (1)No major stationarysourceor major modificationsto which the requirements of Sections 9 to 17 of this regulation apply shall begin actual construction without a permit which states that the stationary source or modification would meet those requirements. (2) The requirements of Sections 9 to 17of this regulation shall apply to any major stationary source and any major modification with respect to each pollutant subject toregulations under the Clean Air Act that it would emit, except as otherwise provided 

### in Section 1of this regulation. (3) The requirements of Sections 9 to 17 of this regulation shall apply only to any major stationary source or major modification that would be constructed 

### in an area designated 

### as attainment or unclassifiable pursuant to Section 107(dXlXD)or 

### (E) of the Clean Air Act. Major volatile organic compound sources locating in an area unclassified for ozone may choose to accept the non-attainment 

### area review requirement immediately pursuant to 401 KAR 51:052 and conduct post-approval monitoringfor ozone. (4) The requirements of Sections 9 to 17of thisregulation shall not apply to a particular major stationary source or major modification if: (a) Theowner or operator: 1. Obtained a federal, state or local preconstruction approval effective before September 22, 1982; 2. Commenced construction before September 22, 1982;and 3. Did not discontinue construction for a period of eighteen (18) months or more; or (b) The source or modification would be a nonprofit health or nonprofit educational institution, or a major modificationwould occur atsuch an institution, and the Governor of the Commonwealth of Kentucky requests that it be exempt from those requirements; (c) The source or modification would be a major stationary source or major modification only if fugitive emissions, to the extent quantifiable, are considered in(1) The concentration permitted under the national secondary ambient air quality standard; or (2) The concentration permitted under the national primary ambient air quality standard, whichever concentration is lower for the pollutant for 

### a period of exposure.

Section 5. Area Classifications. (1)The followingareas shall be ClassIareasand may not be redesignated: (a) Internationalparks; (b) National wilderness areas and national memorial parks which exceed 5,000

acres

### in size; and (c) National parks which exceed 6,000 acresin size. (2) Any other 

### area, 

### unless otherwise specified 

### in the legislation creating such

an area, is designatedClass 

### I1but may be redesignated asprovided in 40 CFR 51.24(g). (3) The provisions of this regulation relating to visibilityprotection shall apply

4 only tosourceswhich may impact a mandatory ClassIfederalarea.

Section 6. Exclusions from Increment Consumption. (1)The cabinet may, after notice and opportunity for atleast one (1)public hearingto be held in accordance with procedures established in 401 KAR 50:035, exclude the following concentrations in determining compliance with a maximum allowableincrease: (a) Concentrations attributable to the increase in emissions from stationary

sourceswhichhavebeen 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 emissionsfrom suchsources before the effective dateof such

### an order; (b) Concentrations attributable to the increase 

### in emissions from sources which have converted from using natural gas by reason of a natural gas curtailment plan 

### in effect pursuant to the federal statute over the emissions from such sources before the effectivedateof such 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 or particulate matter from stationary sources which 

### are affected by plan revisionsapproved by the Administrator of the U.S. EPA. (2) No exclusion of such concentrations shall apply more than five (5) years after the effective dateof the order towhich subsection(l)(a) of this section refers or the plan to which subsection (1Xb) of this section refers, whichever is applicable. If both such order and plan are applicable, no such exclusion shall apply more than five (5) years afterthelater of such effectivedates. (3) No exclusion under this section shall occur after May 7, 1981, unless a State Implementation- Plan revision meeting the requirements of 40 CFR 51.24 has been approved by the

### U.S. EPA. (4) The plan revision referred to in subsection (3)of 

### this section shall specify the followingprovisions: (a) The time over which the temporary emission increase of sulfur dioxide or particulate matter would occur. Such time shall not exceed two (2) years 

### in duration unless alonger time is approvedby the 

### U.S. EPA; (b) That the timeperiod for excludingcertain contributions in accordance with paragraph 

### (a)of this subsectionis not renewable;calculating the potential to emit of the stationary source or modification and the

source does not belong toany of the followingcategories: Coal cleaningplants (with thermal dryers); Kraft pulp mills; Portland cement plants; Primar zinc smelters; Ironand steel

### mills; Primary aluminum orereduction plants; Primary copper smelters; Municipal incinerators capable of charging more than 250 tons of refuse
Hydrofiuoric, sulfuric, or nitric acid plants; Petroleum refineries; Lime plants; Phosphaterock processing plants; Coke oven batteries; Sulfurrecovery plants; Carbon black plants (furnaceprocess); Primarylead smelters; Fuel conversion plants; Sintering plants; Secondary metal productionplants; Chemical process plants; Fossil-fuel boilers (or combination thereof) totaling more than 250 million

- BTUs per hour heat input; 22. Petroleum storage and transfer units with a total storage capacity exceeding 300,CiOO barrels; 23. Taconiteoreprocessing plants; 24. Glass fiberprocessing plants; 25. Charcoal production plants; 26. 

### Fossil fuel-fired steam electric plants of more than 250 million BTUs per hour heat input;or 27. Any other stationary source category which, 

### as of August 7, 1980, is being regulated under Title401, Chapters 57 and 59or 40 CFR Parts 60 and 61; or (d) The source is a portable stationarysource which has previously received a permit under this regulation; and: 1. The owner or operator proposes to relocate the source and emissionsof the

source atthe new location would be temporary; 2. The emissionsfrom the sourcewould not exceed its allowableemissions; 3. The emissions from the source would impact no Class I area and no area where 

### anapplicable increment is known tobe violated; and 4. 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. Such 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. (5) The requirements ofSections 9to 17 of this regulation shall not apply to a major stationary source or major modification with respect to a particular pollutant if the owner or operator demonstrates that, relative to that pollutant, the source or modification is located in an 

### area designated as non-attainment pursuant to Section 107(dXlXA),

### (B)or (C) of the Clean Air Act.

### (6) The requirements of Sections 10, 12and 14 of this regulation shall not apply to a major stationary source or major modification with respect to a particular pollutant, if the allowable emissions of that pollutant from the source, or the net emissionsincrease of that pollutant from the modifications: (a) Would impact no Class I area and no area where an applicable increment is known to be violated; and (b) Would be temporary. (7) The requirements of Sections 10, 12and 14ofthis regulation 

### as they relate to any maximum allowable increase for a Class I1 

### area shall not apply to a major modification at a stationary source that 

### was in existenceon March 1, 1978,if the net increase in allowable emissions of each pollutant subject to regulations under the Clean Air Act from the modification after the application of best available control technologywould beless than fifty (50)tons per year. (8) The cabinet may exempt a stationary source or modification from the requirements of Section 12 of this regulation with respect to monitoring for a particular pollutant if: (a) The emissions increase of the pollutant from the new source or the net emissionsincrease of the pollutant from the modification would cause, 

### in any area, air quality impactslessthan the amountsgiven in Appendix Cto thisregulation; or (b) The concentrations of the pollutant in the area that the source or modification would affect areless than the concentrationslisted in Appendix C to this regulation, or the pollutant is notlisted in Appendix C to thisregulation.

Section 9. Control Technology Review. (1)A major stationary source or major modification shall meet each applicable emissionslimitation under Title 401,Chapters 50 to 63 and eacb applicableemission standard and standard of performance pursuant to40 CFR 60and 61. (2) A new major stationarysource shall applybest available control technology for each pollutant subject toregulation under the Clean Air Act that it would have the potential toemitin significant amounts. (3) Amajor modification shall applybest available control technology for each pollutant subject to regulation under Clean Air Act for which it would result in a significant net emissions increase at the source. 

### This requirement applies to each proposed emissions unit atwhich a net emissions increase in the pollutant would occur 

### as a result of a physical change or changein the method ofoperation in theunit. (4) For phased construction projects, the determination of best available control technology shall be reviewed and modified 

### as appropriate at the latest reasonable time which occurs no later than eighteen (18)months prior to commencement of construction of each independent phase of the project. At such time, the

owner or operator of the applicable stationary source may be required todemonstrate the adequacy of any previous determination of best available control technology for the source.

Section 10. Source Impact Analysis. The owner or operator of the proposed source or modification shall demonstrate that allowable emission increases from the proposed source or modification, in conjunction with 

### all other applicable emissions increases or reductions (includingsecondary emissions),would not cause or contribute to air pollution in violationof: (1) Any national ambient air quality standard in any air quality controlregion;

or(2) Any applicable maximum allowable increase over the baseline concentration 

### in any area.

Section 11. Air Quality Models. (1) All estimates of ambient concentrations required under thisregulation shall be based on the applicable air quality models, data bases, and other requirements specified in the "Guideline on Air QualityModels," filed by reference 

### in 401 KAR 50:015. (2) Where an air quality impact model specified in the "Guideline on Air Quality Modelsn is inappropriate, the model may be modified or another model substituted. Such a change 

### will be subject to notice and opportunity for public comment under Section 17 of this regulation. Written approval of the U.S. EPA must be obtained for any modification or substitution. Methods like those outlined in the "Workbook for the Comparison of Air QualityModels," filed by reference in 401 KAR 50:015, should be used todetermine the comparabilityof air quality models.

Section 12. Air Quality Analysis. (1) Preapplicationanalysis. (a) Any application for a permit under this regulation shall contain an analysis of ambient air quality in the area that the major stationary source or major modification would affect for each of the followingpollutants: 1. For the source, each pollutant that it would havethe potential toemit in 

### a significant amount

### asdefined 

### inSection 2(23)of this regulation; 2. For the modification, each pollutant for which it would result in a significant net emissionsincrease. (b) With respect to any such pollutant for which no national ambient air quality standard exists, the analysis shall contain such air quality monitoring data as the cabinet determinesarenecessary toassess ambient airquality for that pollutant in any 

### area that the emissions of thatpollutant would affect. (c) With respect to any such pollutant (other than nonmethane hydrocarbons) for which such a standard does exist, the analysis shall contain continuous air quality monitoring data gathered for purposes of determining whether emissions of that pollutant would cause or contribute to a violation of the standard or any maximum allowable increase. (d) In general, the continuous air quality monitoring data that are required shall have been gathered over a period of atleast one (1)year and shall represent at least the year preceding receipt of the application, except that, if the applicant demonstrates through historical data or dispersion models that the monitoring data gathered over a period shorter than one (1) year (but not to be less than four (4) months)

### will be obtained during a time period when maximum air quality levels can be expected, the data that are required shall have been gathered over at least that shorter period. (e) The owner or operator of a proposed stationary source or modification of volatile organiccompounds who satisfiesall conditionsof 401 KAR 51:052 may provide post-approval monitoring data for ozone in lieu of providing preconstruction data as required under paragraphs (a)to(d)of this subsection. (2) Post-construction monitoring. The owner or operator of 

### a major stationary

source or major modification shall, after construction of the stationary source or modification,conduct such ambient monitoring 

### asthe cabinet determines 

### is necessary to determine the effect emissions from the stationary source or modification may have, or arehaving, on air quality

### inany 

### area. (3) Operations of monitoring stations. The owner or operator of a major stationary source or major modification shall meet the requirements of Appendix B to40 CFR 58, filed by reference in 401 KAR 50:015, during the operation of monitoring stations for purposes of satisfying subsections(1) and (2)of this section.

Section 13. Source Information. The owner or operator of a proposed source or modification shall submit allinformation necessary to perform any analysis or make any determinationrequiredunder this regulation. (1) With respect to a major source or major modification to which Sections 9, 11, 13and 15of this regulation apply, such information shall include: (a) A description of the nature, location, design capacity, and typical operating schedule of the sourceor modification, includingspecificationsand drawings showingitsdesignand plant layout; (b) A detailed schedulefor construction of the sourceor modification; (c) A detailed description 

### as to what system of continuous emissionreduction is planned for the source or modification, emission estimates, and any other information necessary to determine that best available control technology would be applied. (2) Upon request of the cabinet, the owner or operator shall also provide information on: (a) The air quality impact of the source or modification, including meteorological and topographicaldata necessary toestimatesuch impact; and (b) The air quality impacts, and the nature and extent of any or 

### all general commercial, residential, industrial, and other 

### growth which has occurred since August 7, 1977,in the area the sourceor modification would affect.

Section 14. Additional Impact 

### Analysis. (1)The owner or operator shall provide

an analysis of the impairment to visibility,'soilsand vegetation-thatwould occur 

### asa result of the sourceor modification and general commercial, residential, industrial and other growth associated with the source or modification. The owner or operator need not provide 

### an analysis of the impact on vegetation having no significant commercial

or recreational value. (2) 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 sourceor modification. (3) Visibility monitoring. The cabinet may require monitoring of visibility in any ClassIareaimpacted by theproposed new stationary sourceor major modification using human observations, teleradiometers, photographic cameras, nephelometers, fine particulate monitors, or other appropriate methods asspecifiedby the 

### U.S. EPA. The method selected shall be determined on a case-by-case basis by the cabinet. Any visibility monitoringrequired by the cabinet in a Class I area 

### will be approved by the federal land manager. 

### Data obtained from any visibility monitoring shall be made availableto the cabinet, U.S. EPA and the federal land manager, upon request.

Section 15. Sources ImpactingClassIAreas; Additional Requirements. (1)Notice to

### U.S. EPA and federal land managers. The cabinet shallprovide written notice of any permit application for a proposed major stationary source or major modification the emissions from which may affect a Class I area to the U.S. EPA, the federal land manager, and the federalofficial charged with directresponsibility for management of any lands

### within any such area. The cabinet shall provide such notice promptly after receiving the application. Such notification shall include a copy of all information relevant tothe permit application and shall be given within thirty (30)days of receipt and atleast sixty (60) days prior to any public hearing on the application for 

### a permitto construct. Such notification shall include an 

### analysis of the proposed source's anticipatedimpacts on visibility in the ClassIarea. The cabinet shall also provide the federal land manager and such federal officials with a copy of the preliminary determination required under Section 17of this regulation, and shall make available to them any materials used 

### in making that determination, promptly after the cabinet makes it. Finally, the cabinet shall also notify 

### all affected federal land managers within thirty (30) days of receipt of any advance notification of any such permit application. (2) Federal land manager. The federal land manager and the federal official charged with direct responsibility for management of such lands have an affirmative responsibility to protect the air quality related values (including visibility) of such lands and to consider, 

### in consultation with the cabinet, whether a proposed source or modificationwillhave an adverse impact on such values. (3) Visibility analysis. The cabinet shall consider any analysis performed by the federal land manager, provided within thirty (30) days of the notification and analysis required by subsection (1)of this section, that shows that a proposed new major stationary source or major modification may have an adverse impact on visibility in any Class I area. Where the cabinet finds that such 

### an analysisdoes not demonstrate to the satisfaction of the cabinet that an adverse impact on visibility will result in the Class I area, the cabinet shall, in the public notice required in 401 KAR 50:035, Section 4, either explain that decision or give notice as to where the explanation can be obtained. (4) Denial; impact on air quality related values. The federal land manager of any such lands may demonstrate to the cabinet that the emissions from a proposed

source or modification would have an adverse impact on the air quality related values (including visibility) of those lands, notwithstanding that the change in air quality resulting from emissions from such source or mdification would not cause or contribute toconcentrationswhich would exceed the maximum allowable increases for

a Class I 

### area asdefined in Appendix B to this regulation. If the cabinet concurswith such demonstration then the cabinet shallnot issue thepermit. (5) Class I variances. The owner or operator of a proposed source or modification may demonstrate to the federal land manager that the emissions from such source or modification would have no adverse impact on the air quality related values of any such lands (including visibility), notwithstanding that the change in air quality resulting from emissions from such source or modification would cause or contribute toconcentrationswhich would exceed the maximum allowable increases for

a 

### Class I 

### area. If the federal land manager concurs with such demonstration and he so certifies, the cabinet may, provided that the applicablerequirements of this regulation

are otherwise met, issue the permit with such emission limitations as may be necessary to assure that emissions of sulfur dioxide and particulate matter would not exceed the maximum allowable increases over baseline concentration for such pollutants specifiedin Appendix D to this regulation. (6) Sulfur dioxide variance by governor with federal land manager's

concurrence. The owner or operator of a proposed source or modification which cannot be approved under subsection (5) of this section may demonstrate to the Governorofthe Commonwealth of Kentucky that the source cannot be constructed by
reason of any maximum allowable increase in sulfur dioxide for a period of twentyfour (24)hours or less applicable to any Class I 

### area and that 

### a variance under this clause would not adversely affect the air qualityrelated values of the area (including visibility). The governor, after consideration of the federal land manager's recommendation (if any) and subject to his concurrence, may, after notice and publichearing, grant a variance from such maximum allowable increase. If such variance is granted, the cabinet shall issuea permit to such sourceor modification pursuant to the requirements of subsection (8) of this section, provided that the applicable requirements of this regulation areotherwise met. (7) Variance by the governor with the president's concurrence. In any case where the Governor of the Commonwealth of Kentucky recommends a variance in which the federal land manager does not concur,the recommendationsof the governor and the federal land manager shall be transmitted to the President of the United States of America. If the variance is approved, the cabinet shall issue a permit pursuant to the requirements of subsection (8) of this section, provided that the applicablerequirements of thisregulationareotherwise met. (8) Emissionlimitations for presidential or gubernatorial variance. In the case of a permit issued pursuant to subsections (6) or ('7) of 

### this section the source or modification shall comply with such emissionlimitations 

### as may be necessarytoassure that emissions of sulfur dioxide from the source or modification would not (during any day on which the otherwise applicable maximum allowable increases are exceeded)

cause or contribute to concentrations which would exceed the maximum allowable increases over the baseline concentration asspecified 

### in Appendix E of thisregulation and to assure that such emissions would not cause or contribute to concentrations which exceed the otherwise applicable maximum allowable increases for periods of exposure of twenty-four (24) hours or less for more than eighteen (18) days, not necessarily consecutive, duringany annualperiod.

Section 16. Public Participation. The cabinet shall follow the applicable procedures of 401KAR 50:035 

### in processing applicationsunder thisregulation.

Section 17. Source Obligation. (1) Any owner or operator who constructs or operates 

### a source or modification not in accordance with the application submitted pursuant to this regulation or with the terms of any approval to construct, or any
owner or operator of a source or modification subject to this regulation who begins actual construction after September 22, 1982 without applying for and receiving approvalhereunder, shall be subjecttoappropriate enforcement action. (2) Approval to construct shall become invalid if construction is not commenced within eighteen (18)months after receipt of such approval, if construction is discontinued for 

### a period of eighteen (18)months or more, or if construction is not completed within 

### a reasonable time. The cabinet may extend the eighteen (18)month period upon a satisfactory showing that 

### an extension isjustified. This provision does not apply tothe time period between construction of the approved phases of a phased construction project; each phase must commence construction within elghteen (18) months of the projected and approved commencement date. (3) Approval to construct shall not relieve any owner or operator of the responsibility tocomply fully with applicableprovisionsof Title401, Chapters 50 to 63 and 

### any other requirements underlocal, state,or federallaw. (4) At such time that a particular source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the source or modification otherwisetoemit 

### a pollutant, such as 

### a restriction on hours of operation, then the requirements ofSections9 to 18of this regulation shall apply to the source or modification 

### as though construction had not yet commenced on the

sourceor modification.proposed source or might necessitate

to the National Section 18. EnvironmentalImpact Statements. Whenever any modification is subject to action by a federal agency which preparation of 

### an environmental impact statement pursuant Environmental Policy Act (42 U.S.C. 4321), review by the cabinet conducted pursuant to this regulation shall be eoordinated with the broad environmental reviews under that Act and under Section 309 of the Clean Air Act to the maximum extent feasible and reasonable.

Section 19. Innovative Control Technology. (1) An owner or operator of a proposed major stationary source or major modification may request the cabinet in writingtoapprovea system of innovativecontroltechnology. (2) The cabinet shall, with the consent of the governor(s) of other affected state(s),determine that the sourceor modification may employ a system of innovative controltechnology if: (a) The proposed control system would not cause or contribute to an unreasonablerisk topublic health, welfare, or safetyin itsoperation 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 9(2) of this regulation by a date specified by the cabinet. Such date shall not be later than four (4)years &om the time of startupor seven (7) years frompermit issuance; (c) The source or modification would meet the requirements of Sections 9 and 10of this regulation based on the emissionsrate that the stationary source employing the system of innovative control technology would be required to meet on the date specified by the cabinet; (d) The source or modification would not before the date specified by the cabinet: 1. Cause or contribute to a violation of an applicable national ambient air qualitystandard; 2. Impact any ClassI area; or 3. Impact any area where 

### an applicable increment is known to be violated; and (e) 

### All other applicable requirements including those for public participation havebeen met. (3) The cabinet shall withdraw any approval to employ a system of innovative controltechnology made under thisregulation if: (a) The proposed system fails by the specified date to achieve the required continuous emissionsreduction rate; (b) The proposed system fails before the specified date so 

### as to contribute to an unreasonable risk topublic health, welfare, or safety; or (c) The cabinet decides at any time that the proposed system is unlikely to achieve the required level of control or to protect the public health, welfare, or safety. (4) If a source or modification fails to meet the required level of continuous emission reduction within the specified time period or the approval is withdrawn in accordance with subsection (3) of this section, the cabinet may allow the source or modification up to an additional three (3) years to meet the requirement for the application of best available control technology through use of 

### a demonstrated system ofcontrol.

Section 20. Permit Condition Rescission. (1) Any owner or operator holding a permit for a stationary source or modification which contains conditions pursuant to401 

### KAR 51:015 or 401 

### KAR 51:016E may request that the cabinet rescind the applicable conditions. (2) The cabinet shall rescind 

### a permit condition ifsorequested if theapplicant

candemonstratetothe satisfaction ofthecabinet that this regulationwould not apply tothesourceor modificationor a portion thereof.

Effective Date: February 4, 1986APPENDIX ATO 401 KAR 51:017
SignificantNetEmissions Rates

POLLUTANT EMISSIONSRATE

Carbonmonoxide 100 tonsperyear 

### (TPY)

Nitrogen oxides 40 tPY

Sulfur dioxide 40 tPY

Particulate matter 25 tPY

Ozone 40 tpy

### ofvolatile organic compounds

Lead

Asbestos 0.6 tpy

0.007 tpy
Beryllium 0.0004 tpy
Mercury 0.1 tpy
Vinyl chloride 1tPY

Fluorides 3 tPY

Sulfuric acid mist 7 tPY
Hydrogen sulfide 

### (H 2S) 10 tPY



### Total reduced sulfur

(including

### H 2S)

Reduced sulfurcompounds (including H 2s)APPENDIX B TO 401 KAR 51:017

Ambient Air Increments

Maximum AllowableIncrease POLLUTANT (Micrograms per cubic meter) ClassI

Particulate Matter: Annual geometric mean 24hourmaximum

Sulfur Dioxide: Annual arithmetic mean 24-hour maximum 3-hour maximum

Particulate Matter: Annual geometric mean 24-hour maximum



### Sulfur Dioxide: Annual arithmetic mean 20 24-hour maximum 91 3-hour maximum 512

### APPENDIX C TO 401KAR 51:017
Significant Air Quality Impact

-

POLLUTANT AIR QUALITY LEVEL AVERAGING TIME

Carbon monoxide 575~g/m 8-hour average Nitrogendioxide 14Fg/m annualaverage

Totalsuspended particulate 10%/m 

# ' 24-hour average

Sulfurdioxide 13~g/m 

# ' 24-hour average

Ozone No de minimis air quality level is provided for ozone. However, any net increase of 100tonsper year or more of volatile organic compounds subject to this regulation would berequired to perform an ambient impact analysis includingthegathering ofambientairquality data.

Lead 0.1 ~g/rn 24-hour average Mercury 0.25 pg/m 24-hour average Beryllium 0.OO 1 x/m 24-hour average

Fluorides 0.25 =/mS 24-hour average Vinyl chloride 15&m3 24-hour average Hydrogen sulfide 0.04 ~/m 1-hour average

### APPENDIX D TO 401 KAR 51:017

Ambient Air Increments

for ClassIVariances

Maximum AllowableIncrease (microgramsper cubic meter)

Particulate Matter: Annual geometric mean 24hourmaximum

Sulfur Dioxide: Annual arithmeticmean 24hourmaximum 3hour maximum

### APPENDIX E TO 401

### KAR 51:017

AmbientAir Increments for Presidential

orGubernatorial SO 2 Variances

Maximum AllowableIncrease (Micrograms per cubic meter)

Terrainareas PeriodofExwsure 

### Low High

24-hour maximum 3-hour maximum

### STATEIMPLEMENTATIONPLAN

aEVISION

FOR 

### TEE

PROTECTION OFYLSIBIUTY



### for

### the

COMMONWEALTHOF KENTUCKY


### pursuantto

40 CFR 51, SubgartP

February, 1986



### Natural

### ResourcesaJld

### EnvironmentalProtectionCabinet Department forEnvironmentalProtection DIVISION OFAIR POLLUTION CONTROL FORT

### BOONEPLAZA 18REILLY ROAD FRANKFORT, gENTUCKY 10601FOREWORD

In order to comply with the provisions of 40 CFR 51, Subpart P, the Commonwealth of Kentucky has revised its State Implementation Plan by preparing this plan for the Protection of Visibility in the Commonwealth. A public hearing to receive commentson thisplan, and proposed revisionsto Kentucky's regulations on the prevention of significant deterioration of air quality, 401 KAR 51:017, and review of

new sources in or impacting upon non-attainment areas, 401 KAR 51:052, was conducted December 30, 1985, in accordance with the public notification procedures of 40 CFR 51.4. Copies of this plan, proposed regulations, and public hearing notice

were sent to the United StatesEnvironmental Protection Agency, Region 

### IV,Atlanta, Georgia, theNational Park Servicein Denver, Colorado, and the Superintendent of the Mammoth Cave National Park, Kentucky, in order toreceive their comments on this plan.

The public was invited to present comments on this plan and proposed regulations. Copies of the comments received and the Division's response to these comments may be inspected at the Division of Air Pollution Control officelocated at FortBoone Plaza, 18Reilly Road, Frankfort, Kentucky40601.TABLE

### OF CONTENTS 

### PAGE

1. Necessity for Plan



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2. Consultation with Federal Land Manager



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(a) Plan Development..



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(b) New SourceReview


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3. Permit Review


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4. Visibility Monitoring Strategy..

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5. Periodic Review



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Appendix A

## - Correspondence Appendix B

## - SampleVisibility Data1. Necessity for

### Plan
(a) General
Visibility impairment occurs when light is scattered or absorbed by gases and particles in the air. The type, size, and amount of pollutants in the atmosphere determine the extent to which light is scattered or absorbed. The pollutants which contribute to visibility impairment are particulate matter (such as 

### fly ash, soot, acid and water droplets),nitrogen oxides,and sulfurdioxide. While large size particles are readily visible, the submicron aerosol particles (with diameters from 0.1 to 1.0 

### pm)are ten times more effective 

### in scatteringlight than the same mass of coarse aerosols (greater than 1.0 

## w). Therefore, it is necessary for states to revise their plans to addressvisibilityprotection and to include provisions for reviewing sources of particulate matter, nitrogen oxides and particulate matter which may impact ClassI areas todetermine if any visibility impairmentwould occur.
(b) Federal Requirements

The federal regulations in 40 CFR 51, Subpart Prequire specific states to develop a program to: 1)assure reasonable progress toward preventing any future, and remedying any existing, impairment of visibility in mandatory Class I federal areas which impairment results from man-made air pollution, and 2) establish necessary additional procedures for new source permit applicants, states, and Federal Land Managers to use in conducting the visibility impact analysisrequired for new sourcesunder 40 CFR 51.24. The statesrequired to submit such a program arethose states which have a mandatory Class I federal area as defined in 40 CFR 81, Subpart D, and those states in which there is any source which may sI:lse or contribute to the impairmentofvisibilityin any such area.

Mammoth Cave National Park is the only sitein Kentucky that is identified


### as a mandatory ClassI area in Kentucky, therefore, the Commonwealth of Kentucky is required to develop such a program for the protection of visibility. Also, there is one Class I area in Missouri (Mingo Wilderness) which could possibly be affected by sources constructing in western or central Kentucky. This revision to Kentucky's State Implementation Plan provides for the implementation of the provisionsof 40 CFR 51, SubpartP. Kentucky's regulations for the prevention of significant deterioration of air quality, 401 KAR 51:017, and review of new sources in or impacting upon non-attainment areas, 401 KAR 51:052, are being amended to add the visibilityprovisions as.promulgatedin the Federal ~e~ister of July 12, 1985 (50 FR 28550).

2. ConsultationwithFederal 

### Land Manager
(a) 

### Plan Development

The Division of Air Pollution Control is required to consult with the Federal Land Manager with authority over the Class I area concerning the development of the State Implementation Plan for visibility, and -1-* 

### concerning the issuance of permits to sources which may impact Class I


### areas. The Federal Land Manager for Mammoth Cave National Park is the National Park Service within the Department of the Interior. In 1985, 

### the Division contacted the National Park Service in Denver, Colorado, requesting information on integral vistas, visibility impairment and available monitoring data. At this time, the National Park Servicehas not identified any integral vistas or visibility impairment for the Mammoth Cave National Park nor has the National ParK Service performed any visibility monitoringin Mammoth Cave National Park. If the National Park Servicedoes identifyany visibility impairment in 

### the future, then this plan will 

### be adjusted to identify the impairment, the source of the impairment, and any corrective actions that will 

### be made. The National Park Service determined that there is 

### a pervasive regional haze, but it is not caused by 

### any particular source impacting the area. Copies of the correspondence with the National Park Service certifying that there are no integral vistas

or visibility impairmentsand the presence of the regionalhaze are included in Appendix A 

### to this plan.

The Cabinet has .also consulted with the Superintendent of the Mammoth Cave National Park. Copies of the draft versions of this plan were submitted to the Superintendent. The Cabinet received no comments on the draft version of this plan. In 

### addition, one staff member from the Division of Air Pollution Control visited with rangers at Mammoth Cave National Park todetermine the feasibility of installingvisibility monitoring equipment.

For the Class I area in Missouri (MingoWilderness),the Division contacted the Assistant Refuge Manager of Mingo National Wildlife Reserve who certified that there is 

### no visibility impairment from any existing source in 

### Kentucky. If any impairment is identified, then 

### this plan will 

### be adjusted to identify the impairment, the source of the impairment and any corrective actions that will be 

### made. In addition; Missouri's State Implementation Plan for Visibility Protection for Federal Class I Areas (19851, identifies that there were no sources causing visibility impairment, but there was a regional haze. There are no visibility monitors in 

### this ClassIarea.
(b) 

### NewSource Review


### Kentucky's regulations for the prevention of significant deterioration (PSD), 401 KAR 51:017, and new source review in non-attainment areas, 401 

### KAR 51:052, were amended to include the requirements for visibility protection 

### as promulgated 

### in the Federal Register of 

### July 12, 

### 1985 (50 FR 

### 28550). A 

### copy of Kentucky's regulations, as amended, are submitted with thisplan.

These requirements specify that the Cabinet shall promptly notify the Federal Land Manager of any receipt or advance notification of a permit application from any source that may impact the Class I 

### area. Generally, the Cabinet considers that any source within 100 

### kilometers (km) 

### of a ClassI area could possibly impact the area, and therefore a review of the impact on visibility will 

### be made, and notices will 

### be sent to the Federal Land Manager. The Cabinet also recognizes that sources outside the 100 -2-

# - km 

### distance could possibly impact the Class I 

### area, and therefore exceptionsto the 100km 

### distance will

### be made on a case-by-case basis.

The Cabinet will provide written notification to the Federal Land Manager when .it receives a construction permit from a source that may impact any 

### Class I 

### area, or when it has prior knowledge that a source may construct and such information is not confidential. If so requested by 

### the Federal Land Manager, the Cabinet may consult with the Federal Land Manager in thedetermination of completion for an application.

The Cabinet shall also consider any analysis of adverse impact on visibility

asdetermined by the Federal Land Manager. As 

### required in the regulation for the prevention of significant deterioration, if the Cabinet agrees that the adverse impact will occur, then the Cabinet shall deny the permit or negotiate with the source 

### so that an adverse impact on visibility will 

### not occur. If, however, the Cabinet determines that an adverse impact will 

### not occur, then the Cabinet must explain its decision. As required in the regulation for new source review in non-attainment areas, if the Cabinet agrees that an adverse impact on visibility would occur, the Cabinet may still issue the permit, taking into account the overriding factors of the cost of compliance, the time necessary for compliance,the energy and non-air quality environmental impacts of compliance, and the useful life of the

source.

3. Permit 

### Beview
Kentucky's regulations for the prevention of significant deterioration and new
source review in 

### non-attainment areas, 401 KAR 51:017 and 401 KAR 51:052, require that the permit application shallincludethe source's impact on visibility. The Division may perform additional analyses of the source's visibility impact, using methods provided by the United StatesEnvironmentalProtection Agency in the "Workbook for Estimating Visibility Impairment," EPA-45014-80-031, November 1980. 

### All visibility data, provided by either the source, the Division, the Federal Land Manager, or the United States Environmental Protection Agency, shall be made available in determining progress toward the national visibility goal or in 

### determining the impact of any source on a Class I 

### area, and shall be made available tothe public, upon request.

4. Visibility 

### MonitorbqStrategy



### The purpose of the visibility monitoring strategy shall be to provide measurements 

### as to the present conditions of background visibility and the analysis of long-term visibility trends, to determine the potential impact on visibility of any new sources, and to help determine the source of any impairmentthat may be identified.

The National Park Service, which has authority over Mammoth Cave National Park, has not established any visibility monitoring stations at Mammoth Cave National Park, nor has any other agency, therefore, there are no existing background data for this immediate area. The National Park Service has determined that there is a regional haze for the area, but it is not attributed to any particular existing source. PersonnelatMammoth Cave National Park, in its responses to a questionnaire from the National Park Service, indicatedthat there isuniform haze atcertain times of the year.

### The Cabinet's'monitoring strategy 

### will be to use data from the human observations that are made by 

### the National Weather Service at the Bowling 

### Green-Warren County Airport in Bowling Green, Kentucky. This airport is 

### approximately twenty-five air miles southwestof Mammoth Cave National Park. Observers at the airport obtain visibility readings every hour of every day, and also make a determination if haze is 

### present. A 

### copy of the data generated by 

### the National Weather Service is 

### included in Appendix B 

### of this plan. Such data 

### will be used by 

### the Cabinet toprovide background data and to determine if 

### there

areany long-term visibility trends.

The Cabinet may establish monitoring station at Mammoth Cave National Park, when the United States Environmental Protection Agency provides the methods, type of equipment, and funds for such a station, and if an appropriate site 

### can be located. During a visit by a member of the Division's staff to Mammoth Cave National Park, one possible site for an automatic camera was located. In 

### addition, the Cabinet may require new sources which would impact the Class I 

### area to perform visibility monitoring at Mammoth Cave National Park 

### using human observations, automated cameras, teleradiometers, or other visibility measuring instruments. The Cabinet will 

### receive approval from the National Park Service regarding the location and operation of such equipment prior to installation.

5. 

### PeriodicReview

This plan shall be reviewed in 

### three years, or more frequently if required by 

### the United States Environmental Protection Agency, to incorporate any new guidance on visibility that is 

### available from the United States Environmental ProtectionAgency, or anynew visibility data that areavailable.APPENDIX A


### CwrapDodencewith the

### Fed- 

### M Manege;



### NationalParlrServiceend 

### Mammoth

### CaveNational Park

### Mr. John Christiano,Cmrdinator Denver Air QualityField Units National Park Service P. 0. Box 25287 

### Denver, Colorado 80225



### Dear Mr. mistiano:

Pursuant 

### to 10 

### CPR 51, 

### Subpart 

### P, the 

### Commonwealth of Ktntucb is preparing 

### r State Implementation Plan for the Protection of YTsibiLitv. The 

### requirements of Subpart P 

### include that the 

### State shall identffv the 

### official to whom the Federal Land 

### Manager can submit recommendationson the implementation of this subpart.

Please submit mp 

### such recommen&tions to 

### Wr. Roger B. 

### HcCann, Director, Division 

### of Air PoUution Control, Port Boone Plaza, 18 

### Re~llvRoad, Frankfort, Kentucky 40601. 

### We hereby 

### mouest that the National Park Serviceidentifv


### anv integral vistas and visibility impairment occurring in Mem

### moth Cave National Park (Kentuckvk Clas 

### I men), elements that 

### need to be 

### Inclufled in the visibilitv monitoring strateqly, 

### and ang other recommendations that you map 

### have regarding Kentucky'sVisibWtp Plan.

We a+c 

### lookingforward to working with you on this 

### Plan and other aspects ofthe visibilityptogram.


### Sincerelv,

cc: Prank Pridemore,Superintendent Mammoth CaveNational Park Roger B. 

### rHcCann/Hisham M. 

### Sa'aidC~MO~TH oc KENTUCKY NATURAL RESOURCES AND 

### ENVIRONMENTAL PROTECTION CABIN^ 

### DEPARTMENT FOR ENVIRONMEMAL PROTECTION Fear BOONE Pm 18 REIUYROAD FRANKFORT. KENTUCKY4060 i



### Mr. John Chris

### tho,Coordinetor Denver Air 

### Quality 

### Field Units National 

### Park Service 

### P. 0. Box 25287 

### Denver, Colorado80225



### Duu Mr. 

### Christiano:

This 

### is toinformyou that theCommonwealthof Kentucky has 

### submitted to the

### U.S. EnvironmentalRotection Agency a draft

### revision 

### to its StateImplementation 

### Phn (SIP), pursuant 

### to 40 

### CFR 51, 

### Subpart 

### P. This SIP 

### revision addresses the 

### protection of visibility 

### for Kentucky% mandatory Ckss 

### I 

### uea, Mammoth Cave 

### National 

### Puk. Copies 

### of the draft 

### SIP revisions .nd 

### amendments to Ktntuckyk regulations 

### for tht 

### prevention 

### of rignificant deterioration (401 

### KAR 51:017) and 

### new 

### murce review 

### in non-attainment ueas(401

### KAR 51:052) 

### assubmitted to

### EPA arc enclosed

### foryourreview and

### wrnments.

A 

### public bearing 

### to receive comments on 

### this draft 

### SIP revision and proposed

### regulatoryamendmentshas

### been tentatively whedulcd 

### for July 30, 1985. We will

### notify you 

### when thc

### public

### hearing is

### formally mounted

### pursuant to 40 

### CFR 51.4.



### If you 

### hve my 

### questions 

### or comments regarding 

### this 

### draft submittal please contact 

### Mr. William 

### 6. Prognrn Development Branch, at (502) 564-3382, 

### at 346.

RBM/tkf



### Enclosures ~ivisio of Air 

### ~ollution 

### Control 

# \

# United StatesDepartment 

# of the

# Interior

NATIONAL PARK SERVICE 

### SOUTHEASTREGIONAL

## omcE



# RECEIVED

Division of lCir Pollution Control Fort Boone Plaza 

## PRoGRAMOEVELOPMENT 18 Reilly Road Frankfort, Kentucky 40601

Dear Ilr. Coakley:

The Rational Puk Serviot (NPS) is responding toXentuckygs &aft proped revision to its State Impl~nt8tion Plan (SIP) which provides visibility potection for char I ueas. The NPS manages four puk unit. in the State, one of which receives special consideration for visibility potection as a mandatory class I area: )(amaoth Cave Natioml P8rk. In order to wet our Clean Air Act responsibilities for protection of this chss I puk, n arst rely bsavily upon the Kentucky SIP md air qrulity regulation8 which influence prkprotection.

The mntucky Deprrtwnt for Environmental Protection intend. to a&pt a plan md regalation8 which address new 8ource revirv for risibility *pets md a mnitoriog strategy for obtaining visibility data. The .State has developed these provisions to satisfy, in part, the Environrahntal Rotection Agcncy (EPA) requiremanto for State acbption of risibililq plans found at 40 CFR 51.300 

# - 51.307. Char coonaantr on the State0srubrittal are u follows:

It is recoemcn&d that the Sate expand on the objectives discussed under this section of the SIP proposal. In addition to the stated objectives of abtaining background data md &tenalning the potential impact on visibility of any new 8ources, the State should include the follwing two objectives: 1) toprovide data for analyzing long-term visibility trends, and 2) to help det~dne the 8ource(s) of any bpairmtnt that mybe identified. These changes will help assure that

a comprehensive and continuing program is established which meets the requirements of 40 CFR 51.305.In additian to 'the requirrd mtifiutimto affected ?LRu mpecified uader 40 QR 51.307, the UPS roquostr that w nceioh notificatim of my peappllc~tion rating. with applicant8 praparing to emit application8 for pat. to con8truct nuor Mfied.ocucu that ny effect rimibillty in class I -as. th abovest that the required writtea notifiutim of prrft-appllcatio~ k mubmltwd to the NPS prior to the Qturi~8tiacl that m applicatioa im anplote. tk =quest +himopportunity far involvmnt at the ppcupplicatian and application arlplete~ess &turfnation 0t~ge8 in ae&r to 

## ma& tiuly f~~uback
to the Gpli-t aid the Bt.acm tbe adequacy of the applicatioa*s rimibiliey ronltoring data md impact urrlyris, u we11 u other air quality related valuer concerns.
Early wtification is also putlcululy Lportmt to u# amsidering the mpartmt of the Interior*. publirhed prc~2edures far deterrining whether a propsod new .auce my cruse or mntribute to m adverse wet ao crir ~lity -1.-d ml~u of l class I u8.m On july 12, 1982 (47 FR 302261, the Desnt prb1irh.d 8 directive aontcLPing the internal ~pe~duru to k tued whe~ making m adverw irp.ct detenriartim &ring tho PB, m mrce r8ri.r. kcruse th.88 grocedures -ride for thirty day period of pbUcreriw md mnt ai the rkmnt*s ppoposed rctiab the mtire adverse kpct determination procerr umt taka rorr than thfrty &ys to aorplete. Bauav8r8 the Dewnt rlU mke mry effort to lpovfdr at least a poelirimy deterrlmtLon 

### u torhethu a nu.ouror my rewlt in an adverse hpct @or to the Strte*sproped &cimion to bmae ar dany

a prrit.

Phase ote that tho enclosed draft docuPhnt wtitled ,Permit IgpUcation OPi&nce ?or Rw lrir Pollution 6ourcer~ cont.l~ a lie of IPS and ?i.h mdWildlife ma (-1 cont.ct.8 for all class 1 u6.s cdrlni8tmred by theme awcies. lW.8 docrrvnt ahadk useful to th State .rd m murce applicant8 for notifying affocted ?LMs bring the

new m- red- ppcmss. As explaid in tb. bomment, the !t'PS rill ba r8rmfbl. for usisting the lrllS in =view of pumlt applicatima for .oruclrs acb may wet PUS class I UUI (8.9. 

## ,-90 National Wilderrurr Refuge in Uissaui).

Wt appreciate the opportunity to prod& yuu with these ooamcnts and look forward toa continued cooprrative rrlatfonahip with the Gtatc on Patter8 related toprotection of park unit remctrces.

Regional Director Southcart Rtgia

# united States 

# Department 

# of

NATIONAL 

### PARKSERVICE 

### SOUTHEASTREGIONAL OFFICE

p UWT unm m 75 spnw %a. S.W.
AUrnU. ~cagia ~303 13615(SEB=OPS) 

### SEP 3 

### ~5

Mr. William S. CorL'ley Program Derelopmtnt Branch Kentucky Division of Air Pollution Control 18 Reilly &ad Frankfort, Kentucky 40601

Dear 

### Mr. Coaklty:

On August 

### Zl, 1985, the Rational Park Service (IPS) co~mented on Kentucky'r proportd State Implementation Plan (SIP) reririon for the protection of riribility inFederal Clarr I arear, We areprorid- thir follomp rerponre at your requert to addrerr tu, rpecific arear of concern to the State in the derelopment of an approrable p1.n: 1. integral rirtar; md 2. existing riribility impairment 

### in 1J-th Care Hatiowl Park (XP).

Firrt, we barically agree with tbe dircurrioo in the proposed 

### SIP regarding integral rirtmand rearonably attributable riribility impairment. It is true tbat tht IPS bar not identified integral rirtar for lrnm~th Cave 1I[P
nor hvewe identified my specificplum or layered hate impacts in the park that could be reasonably attributed to any rpecific rource(r).
Secondly, bared on IlPS riribilitpresearch and rpnitoring data, it ir rearonable to upect tbt tbere ir existing impairunt 

### in tht park 

### in the forr of r vriform htt, altbough lao inrtromtnted risibility mnitoriw rite har been ertablirbed in H-th Cave 

### HP. Thir claim is rupporttd by a qutrtiomire HamtbCave 1CP recently completed indicating that tbt area is experiencing uniform bate impact8 at certain timer of the year. In every loath herethe EPS h.8 conducted riribilitymnitoring, the &ta have documented rou degree of impairment due to unlvdepollution. We have found througb our rerearch program tbat rulfate aerorolr resulting prbrily from anthropogenic mlfur emisrionr predominate as the =st kportant component of this tiribilityreducing haze, erpecially in tbe tarterm United Stater, 'Ar the Federal md State riribilityproteetior programs progrerc to the point of addressing regional hzecontrol rtrategier, it irour bope tbat a representative visibility data bare vill be developed for the park and rurrouoding area,

### Ileare keep or iniorvd 

### of any future 

### actiritier relatdto your 

### riribilit J program. We 

### will be happy to 

### mrirt tbt 

### State 

### in mymywe cur.COMMOWVULWI OF KENTUCKY 

### NATVRAL RESOURCES AND ENVIRONMEKTAL PROTECTION CABINET
DEPARTMENT FOR ENVIRONMENTALPROTECT ION Fan? BOONE PWZA 18REIUY ROAD FRANKFORT, KENTUCKY 40601 November 26, 1985



### Mr. Robert Baker, Regional Director SoutheastRegion National Park Service United StatesDepartment of the Interior 75

### SprhgStreet, 

### S.W. Atlanta, Georgia 

### 30303



### Dear 

### Mr. Baker:

Thank you 

### for pout 

### helpful comments of August 21, 

### 1985, 

### and Septemba 3,1985(N361S(SER-OPS)), concerning the draft revisions to Kentucky% StateIrngementation Plan for the protection of visibility 

### in Class

### Iareas. In response 

### to your 

### aomments 

### and the comments submitted by the United States 

### Environmental Protection Agency, the Kentucky Division of Air 

### Pollution Control has amended the draft plan and 

### the accompanying regulations for the 

### prevention of significant deterioration 

### and 

### new sourcereview 

### in nonattainment ueas. 

### Each ofyour comments 

### ud the Divisionb

### resporueueitemizedMow.

The suggested 

### changes wncerning the expansion of objectives of the monitoring strategy waemade.



### In response to your 

### request for notification of preapplication meetings, the Division has 

### made 

### some changes. Ihe Division will 

### notify the 

### National Park Service when it receives ?quests 

### for preapplication meetings unless 

### these meetings and the information obtafnsd 

### hm these meetings ueconfdential, at the reguest of the


### murce. The 

### Division will llso

### notify the 

### Nationst 

### Park Service of permit 

### applications for major 

### sources 

### or major modifioations prior 

### to the determination that the 

### application is 

### complete. Generally,the 

### Division notifies the National 

### Park Service as toon 

### as the application 

### k received. The Division 

### understands your concern for input into the completeness determination, however, federal 

### and state regulations also require that the Division respond to a permit within 30 

### days 

### of receiving a permit Whenever pible,the Division will 

### cooperate by 

### providing the National 

### Park Service with the information it 

### needs 

### for determininga 8ource1spossible 

### impact 

### on visibility md 

### otber 

### air qualityrelated values in 

### any mass 

### I

### area, within the time constraints of federal and stnte

### regulati-

### Mr. RoWt

### Baker Page 2 Rovember 26, 

### 1985

The Divkion has changed 

### otherportiorts of the ptan to 

### address concerns of 

### the United States Environmental Protection 'Agency, mainly concerning the 

### monitoring strategy. At this time, the Division intends to ame 

### visibility Qta 

### that are available from the National Weather Service &om the 

### Bowling Green-Wamen County Airport in 

### Bowling Green, K,mtucky. Sych data will

### be used 

### to determine anylong-term visibility trends, ud 

### to determine the possible impact of 

### any new 

### sources that may construct. The Division may provide a visibility monitoring station in Mammoth Cave National Park when the United States Environmental Protection Agency provides the equipment, funds,

### arrd methods for 

### such

### a station.

Your 

### commentsof September3, 

### 1985,onregionalhaze, integnd vistas, and 

### existingvhibility impacts were particularly helpful 

### in responding to comments from the United States Environmental Protection Agency. We thank you for your timely 

### cooperation

### in this matter.



### This letter 

### rlso mrvor 

### to notify you 

### of 

### the public hearing 

### to receive comments 

### on proposed revisions to Kentuckyk rsgulatians for the prwention of significant deterioration ofair quality(401KAR 51.917) md 

### review of new

### sources in


### or impactingupon non-attainment areas 

### (401 KAR 

### 518521, 

### and proposed revisions to the StateImplementation

### Plan fatheprotection ofvisibility. Thepublichearing will 

### be conducted December 30, 1985. 

### Copies of the 

### hearirrg 

### notice, proposed regulations 

### and proposed 

### revision to 

### the SUte lm@ernentation

### Plan ueenclosed for your review and 

### comments.

If you 

### have my

### questions

### acommentsregardingthis

### letter

### or the 

### enclosed documents, please 

### contact Mr. William 6. 

### Wey,Division of Air Pollution Control, Program Development Branch, 18 Reilly Road, 

### Frankfort, Kentucky 40601, or 

### call (502)564-3382.
sincerely,

RBM/MH/tkf

Enclosures

cc: Willjam S. 

### CoakleyCOMMONWEAL^

### ofKENTWCUY NATURAL RESOURCES AND ENVIRONMEKTAL PROTECTIONCABINDEPARTMENT FOR ENVIRONMENTAL PROTECTION
FORT BOONE PLAZA 18 REILLY ROAD FRANKFORT, KENTUO~Y 4060 1



### Mr. John

### Christiano,Coordinator Denver Air 

### Quality Field Units National 

### ParkService P. 0.Box 

### 35287 Denver, Cdorado 

### 80225



### Dear Mr. Uuistiano:

The Kentucky Division of Air 

### Pollution Control hereby submits for 

### your review the 

### enclosed revision 

### to the State Implementation Plan for the protection of visibility 

### and two propased regulatiom which 

### are king 

### amended 

### to incorporate provisionsrating

### to the protection ofvisibility. Pursuant to the 

### public notification 

### procedures 

### of 40 

### CFR 51.4, 

### thk letter rrlso 

### servesto notify you 

### that a 

### public hearing 

### to

### receive comments

### on the endofed 

### documents is scheduled 

### for December 30, 1985. A 

### copyofthepublichearing

### notice is

### enclo6ed.



### h response 

### to Amments made by 

### Mr. Bobat Baker of the 

### National Park Service Ibd 

### the United States EnvironmentalProtectionAgency, 

### earlier draft 

### copies of the pdan 

### and regulation revisionshavebanrevised. 

### Enclosed for your 

### information is 

### a copy ofthe Divisiontresponse tothe commentssubmittedby Mr. Baker.

If you 

### have my

### comments 

### a qucrtionsregarding the 

### enclosed documents, 

### pease Iubrnit them by 

### December 30, 

### 1985, 

### to Mr. William S. 

### Coakley, Ildanager, 

### Program Devdoprnent 

### Branch, Division of 

### Air Pollution Control, 18 Beilly Boad, 

### Frankfort, 

### Kentucky 10601, 

### (502)564-3382. Sincerely,

Divisionof Air 

### Pollution Control

RBM/MH/tkf

Enclcsures

cc: William S, 

### CoakleyCOMM~LAL~ OF KENTUCKY NATURAL RESOURCES AND ENVIRONMENTAL PROTECTIONCABINDEPARTMENT FOR ENVIRONMENTAL PROTECTION
FOCIT BDONE PLUA 18 REIUVROAD FR~~NKFOAT. KENTUCKY 40601 Uay 14, 1985



### Mr. 

### Frank Ridemore Mammoth Cave National Park Mammoth Cave, Kentucky 42259



### Dear Mr. 

### Ridemore:

This 

### is to informyou that the 

### Commonwealthof Kentucky has 

### submitted to the

### U.S. EnvironmentalProtection Agency r 

### draftrevision to its 

### State Implementation P)an (SIP), 

### pursuant to 40 

### CFB 51, 

### Subpart P.

.

### This SIP 

### revision addresses the 

### protection of 

### visibility for Kentucky% 

### mandatory Cbss 

### I 

### area, Mammoth Cave National 

### Park. Copies of the 

### draft SIP revisions urd 

### proposed amendments to 

### Kentucky%

### regulations for 

### the prevention 

### of significant deterioration (401 

### KAR 51:017) 

### and 

### new sourcereview 

### in non-attainment ueas(101

### KAR 51:052) 

### ss submitted to EPA

### are encloscdfor

### yourreview urd

### comments.

A 

### pllblic 

### hearing 

### to receive comments 

### on this 

### draft SIP 

### revision end proposed

### rtguletory amendments

### hasbeen tentativelyscheduled for July SO, 1985. We will

### notify you when thepublic

### bearing is

### formally

### announcedpursuant to 40

### CFR 51.4.



### If you have my questions 

### or comments regarding this 

### draft submittal please contact Mr. William S. m 

### Development Branch, at (502) 564-3382, at.346.



### ~i&ioof Air 

### Pollution Control 

# 2

RBMltkf



### EnclosuresCOMMONWWTH OF KENTUCKY NATURAL RESOURCES AND ENVIRWMEKTAL ~OTEC~ON CABINET DEPARTMENT FOR ENV~RONMENTAL PROTECTION
FORT BOONE PLAZA 18 REIUY ROAD FRANKFO~. KENTUCKY40601 November 26, 1985



### Mr. Prank Pridemore, Superintendent Mammoth Cave

### National Park Mammoth Cave, 

### Kentucky42259



### Dear Mr. Pridemore:

me Kentucky Division of Air 

### Pollution 

### Con- hereby submits 

### for your review the tnclosed 

### revision to the State Im@ementation

### Plan for the protection of visibility 

### uld two propased 

### regulations which 

### ue king amended 

### to incorporate provisions relating to the protection of visibility. Pamuant 

### to the public notification procedures

### of

### 44 

### CFR 51.4, 

### this letter .Isoserves 

### to noti@you 

### that 

### a public hearing 

### toreceive 

### comments

### on the 

### enclosed 

### documents b scbedulsd 

### for December 30, 1985. A 

### copyofthepublic

### hawingnotice

### k encloeed



### In rcsporrse 

### to commentsmade by 

### Mr. Bobat 

### Baker of the National Park &mice 

### and the 

### United Shtss

### Envkonmental Protection Agency, 

### earlier draft copies 

### of the 

### plan and regulation revisionshave been revised. 

### Enclosed 

### for your 

### information 

### Lacopy ofthe 

### Division's

### response tothe

### commentssubmitted by

### Mr. Baker.

If you have my comments 

### or questions wing 

### the 

### enclosed documents, piease 

### submit 

### them by December SO, 1985, 

### to Mr. WUbm S. Coakley, 

### Ibanager, 

### Program Devdopment 

### Branch, Division of Air 

### Pollution Control, 18 

### Reilly Boad, 

### Frankfort,

### Kentucky40601, (502) 564-3382.


### Sincerely,

RBM/MH/tk 

### f



### Enclosures

cc: 

### William S. 

### CoaMey

### APPENDIX 

### B

SAMPLEVBlBILfIYDATA



### ?his data 

### is obtained from 

### the 

### Bowling Green-Warren County Airport 

### in 

### Bowling Green, Kentucky.-)orrr an Ir, ncwdhu

*vm urn. Yr omrUrncornam: CU Our: Lw m8n 8.1

# *

wr. UT assewma: 1.1 r8.5 .b.amr. W Ban: B.1 to B.9 cmr. OK krrm:Uom(kn#3.1*rmr. -Thin C.lb.l w ICT. BKN, WO



# -

KEY TO AMONWUTHER FORECASTS


# . .

# ..
WCf r mom- 

# -

by FMon MAVAID uau ch8n nor .nrn pibta d pakmtally huardorn umer SIGYR -a ..W1. Brd Wrwn ondltcora d bnpottbnm 0 a11 8trcmR fi a =I

# -

md dwbtoms/unb.tom) Convatwe stcum rc Mbr-ma by (h. Sowre Storms Fow Mer at brIh minousUbAtRYmeonurn tom unn mro~ 

### %L may b hrdouW Uma ~km* of to d8tmly -rmod wms mnm urorrvrarnntr u#r mmrutn 12-h0~- M. of rlnd &M~on (rwamst U' h# N) and sped Bnu~kr ulutd ctrm hdutemprrturr alott 

### (*a em Mud& (a J1 bn mo Wntoor w. DUYCLCS or WNM AND ~PERA~RES AL~ m)mnwn r0mcr2ms WEDOn 1215dOT DATA VAUD fOR USE 1-002 TEMPS -6 MV 2- n sao OQ) lomwoo~rooo~~uar,~ DQS

U.S. O~PARTME~ OF COMM~E- rurtota ocuntc AND Anmsutnrc rournisruno*

# -nmowrmrno srnwcr --~ISED ocrosa isr

k -h k r SmrmtlllM .I Dlu- US.

# -

hb.l WI..Lirb.. D.C. ZOW (C 1W N) h -1-M GrO.In) 0-r-T.401 KAR 51:017. Prevention of significant deterioration of air quality.

NATURAL RESOURCES ANDENVIRONMENTAL PROTECTION CABINET Department for EnvironmentalProtection Division of Air Pollution (AmendedAfter Hearing)

RELATESTO: KRS [Chapter] 224.32OZ224.330 and 224.340 PURSUANTTO: KRS 224.033 NECESSITY AND FUNCTION: KRS 224.033 requires the Natural Resources and Environmental Protection Cabinet to prescribe regulations for the prevention, abatement and control ofair pollution. 

### This regulation provides for the prevention of significant deterioration ofambient air quality.

Section 1. Applicability. The provisions of this regulation are applicable to any major stationary sourceor any major modification which: (1) Commenced construction after September 22, 1982 [theeffective date of this regulation] ; (2) Emitsany pollutant regulated by the CleanAir Act; and (3) 

### Is constructed in areas desimated 

### as attainment or undassifiable for any 

### pollutant 

### as defiied pursuant to Section 107(dXlXD)or 

### (E)of the Clean Air Act 

### lib 401KAR 51:OlOI

# . Area designations arecontained in 40 CFR 81.318.

Section 2. Definitions. As used 

### in this regulation all terms not defined herein shallhave the meaning given them in 401KAR 50:O 10. (1) "Major stationary source" means: (a) Any of the following stationary sources of air pollutants which emits, or has the potential to emit, 100 tons per year or more of any pollutant subject to regulation under the Clean Air Act: fossil fuel-fired steam electric plants of more than 250 million BTU per hour heat input, 

### coal cleaning plants (with thermal dryers), haft pulp mills, portland cement plants, primary zinc smelters, iron and steel mill 

### plants, primary 

### aluminum ore reduction plants, primary copper smelters, 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 @ants, carbon black plants (furnace process), primary lead smelters, 

### fuel conversion plants, sintering plants, secondary metal production plants, chemical process plants, fossil fuel boilers (or combination thereof) 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; (b) Notwithstanding the stationary source size specified in paragraph (a) of this subsection, any stationary source which emits, or has the potential to emit, 290 tons per year or more of any air pollutant subject to regulation under the Clean Air Act; and

### (c) Any physical change that would occur ata stationary source not otherwise qualifyingunder this subsection as a major stationary source, if the changes would constitutea major stationarysource by 

### themselves. (d) 

### A major stationary source that is 

### major for volatile organic compounds shallbe considered major for ozone. (2) 

### "Major modificationnmeans any physical changein

### or changein the method of operation of a major stationary source that would result in a significant net emissions increaseof any pollutant subjecttoregulationunder the Clean Air Act. (a) Any net emissions increase that is significant for volatile organic compoundsshall be significant for ozone. (b) Aphysical changeor changein the method of operation shall

### not include: 1. 

### Routinemaintenance,repair and replacement; 2. 

### Use of alternative fuel or raw material by reason of 

### an order or by reason ofa natural gas 

### curtailment plan in effectunder a federal act; 3. 

### Use of an alternative fuel ata steam generatingunit tothe extent that the fuel is 

### generated fr 

### om municipal solid waste; 4. 

### Use of an alternative fuel or raw material by a stationary sourcewhich:

a. The source was capable of accommodating before January 6, 1975, unless such change would be prohibited under any permit condition which was established afterJanuary 6, 

### 1975;or b. The source is approved to use under any permit issued under this regulation[, previously adopted regulations401 KAR 51:015 and401 KAR 51:016E,l or under 40 CFR 

### 52.21; 5. An increase in the hours of operation 

### or in the productionrate, unless such change would be prohibited after January 6, 1975 pursuant to 40 CFR 52.21, after June 6, 1979 pursuant to 401 KAR 

### 51:015, after September 22, 

### 1982 [the effective date of this regulation] pursuant to this regulation; or under 401 KAR 50:035 and 401 KAR 51:016E; or 6. Any changein ownershipata stationary source. (3) "Net emission increase" means the amount by 

### which the sum ofparagraphs (a)and (b)

### of this subsection exceedszero: (a) Any increase in actual emissions from a particular physical change or changein method of operation ata stationarysource;and (b) 

### Any other increases and decreases in actual emissions at the source that

arecontemporaneouswith the particular change and areotherwise creditable. (c) An increase or decrease in actual emissions is 

### contemporaneouswith the increase &om the particular change only if it occurs between the date which is ten (10) years before construction on the particular change commences, but not before January 6, 1975, and the date that the increase from the particular change occurs. (d) An increase or decrease in actual emissions is creditable only if the cabinet


### or the 

### U.S. EPA has not relied on it in 

### issuing a permit for the source under this' regulation[, 401 KAR 51:015, 401

### KAR 51:016E,] or 40 CFR 

### 52.21, which permit 

### is in effect when the increase in 

### actual emissions from theparticular change occurs. (e) An increase or decrease in actual emissions of sulfurdioxideor particulate matter which occurs before the applicable baseline date is creditable only if 

### it is 

### required to be considered in 

### calculating the amount of maximum allowable increases remaining available. 

### (f) An 

### increase in actual emissions is creditable only to the extent that the

new level of actual emissions exceeds the old level. (g) A 

### decrease in 

### actual emissionsis creditable only tothe extent that:1. 

### The old level of actual emissions or the old level of allowable emissions, whichever islower, exceedsthe new level of actualemissions; 2. 

### It is 

### state and federally enforceable at and after the time that actual construction on the particular changebegins; and 3. 

### It has approximatelythe 

### same qualitative significance for public health and



## . welfare as that attributed to the increase from the particular change. (h) 

### An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any 

### replacement unit that requires shakedown becomes operational only aftera reasonableshakedownperiod, not to exceed 180days. (4) 

### "Potential to emitnmeans the maximum capacity of a stationary sourceto emit a pollutant under its 

### physical or operational design. Any 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, shall be treated 

### as part of itsdesign if the limitation or the effect it would have on emissions is 

### state and federallyenforceable. Secondary emissions do not count in determining the potential to emit of a stationary

source. (5) 

### "Stationary sourcen means any building, structure, facility, or installation which emits or may emit any air pollutant subject to regulation under the Clean Air Act, (6) 

### "Building, structure, facility, or installationn means 

### all of the pollutant emitting activities which belong to the same industrialgrouping,arelocated on one (1)


### or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control) except the activities of any 

### vessel. Pollutant-emitting activities shall be considered 

### as part of the same industrial grouping if they belong to the same major group (i.e., which have the same two (2) 

### digit code) 

### as described in the Standard Industrial Classification Manual, 1972, as amendedby the 1977supplement. (7) nEmissionunitt1 means any part of

### a stationary source which emitsor would have the potential to emit any pollutant subject toregulation under the Clean Air Act. (8) 

### nConstructionv means any physical change or change in 

### the method of 

# - operation (including fabrication, erection, installation, demolition, or modification of

an emissionsunit)which would result in a change in actual emissions. (9) 

### nCommencellas applied to construction of a major stationary source or major modificationmeans that the owner or operator has all 

### necessary preconstruction approvalsor permits and either has: (a) 

### Begun, or caused to begin, a continuous program of actual onsite construction of the source, tobe completed within a reasonable time; or (b) Entered into Rgreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owneror operator, to undertake a program of actual construction of the source to be completed within 

### a reasonable time. (10) nNecessarypreconstruction approvals or permitswmeans those permits or approvals required under regulati6ns of Title 401, Chapters 50 to 63 

### and federal air quality control lawsand regulations. (11) Vegin actual constructionwmeans, in general, initiation ofphysical onsite construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and 

### foundations, laying underground pipework and construction of permanent storage structures. With respect to a 

### change in method ofoperations, this term refers to those

### on-site activities change. (12) 

### Vest other than thepreparatory activities which mark the initiation ofthe

available control technologyn means an emissions limitation (includinga visible emission standard)based on the maximum degree of reduction for each pollutant subject to regulation under the Clean Air Act which would be emitted &om any proposed major stationary source 

### or major modification which the cabinet,

on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes 

### or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall

### applicationofbest available control technology result in emissions of any pollutant which would exceed the emissions allowed by any applicable standard under Title401, Chapters 57 and 59 

### or 40 

### CFR Parts 60 and 61. 

### If the secretary determines that technological or economic limitations 

### on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of best available control technology. Such standard shall, tothe degreepossible, set forth the emissions reduction achievable by 

### implementation of such design, equipment, work practice or operation, and shall

### provide for complianceby means which achieve equivalent results. (13) "Baseline conccntration" means that ambient concentration level which exists in 

### the baseline area at the time of the applicable baseline date. A 

### baseline concentration is 

### determined for each pollutant for which a baseline dateis established and shall include: (a) The actual emissions representative of sources in existence on the applicablebaseline date, except asprovided in paragraph (c)ofthis subsection;and (b) 

### The allowable emissions of major stationary sources which commenced construction before January 6, 1975, but were ~ot in operation by the applicable
- 

### baseline date. (c) The following will 

### not be included in the baseline concentration and wlll 

### affectthe applicablemaximum allowableincrease(s): 1. 

### Actual emissions from any major stationary source on which construction commenced afterJanuary 6, 1975;and 2. 

### Actual emissions increases and decreases at any stationary source occurringafter the baseline date. (14) "Baseline date1'means the earliest date after August 7, 

### 1977, on which the first complete application is submitted by 

### a major stationary source or major modification subject to the requirements of federal or stateprevention of significant deterioration regulations. Thebaseline date is 

### established for each pollutant for which increments 

### or other equivalent measures havebeen establishedif: (a) The area in which the proposed source or modificationwould construct is 

### designated

### as attainment or 

### unclassifiable ursuant toSection 107(dXlXD)or 

### (E) of the Clean Air Act [under 101 

### KAR 51:010] 8rthe pollutant on the date of its 

### complete application;and (b) In the case of a major stationary source, the pollutant would be emitted in 

### significant amounts, or, in the case of a major modification, there would be a significant net emissions increase ofthepollutant. (15) "Baseline area" means any area (and every part thereof) designated as attainment or unclassifiable pursuant to Section 107(dXlXD)or 

### (E)of the Clean Air Act [under 401 KAR 5l:O 101 in 

### which the major source or major modification 

# -

### establishing the baseline date would construct or would have 

### an air quality impact equal to or greater than one (1)

### ~g/m(annualaverage)of the pollutant for which the baseline date is established. Area redesignations under Section 107(dXl)(D)or 

### (E)of the Clean Air Act cannot intersect or be smaller than the area of impact of any major stationary sourceor major modification which: (a) Establishesa baseline date; or (b) Is 

### subject to this regulation and would be constructed in the Commonwealthof Kentucky. (16) "Allowable emissionsn means the emissions rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is 

### subject to state and federally enforceable limits which restrict the operating rate, or hoursof operation,or both)and the most stringent of the following: (a) The applicable standards as set forth in Title 401, Chapters 57 and 59s 

### 40 CFR 60 and 61; (b) 

### The applicable state and federally approved regulatory emissions limitation, includingthose with a future compliancedate;or (c) The emissions rate specified as a state and 

### federally [an] enforceable permit condition, includingthose with a future compliancedate. (17) 

### "Federally enforceablen means all limitations 

### and conditions which are enforceable by 

### the U.S. EPA, 

### including those requirements developed pursuant to 40 

### CFR 60 

### and 61, requirements within any applicable State Implementation Plan, and 

### any permit requirements established pursuant to 40 CFR 52.21 

### or under regulations approved pursuant to 40 

### CFR 51.18 or 40 CFR 

### 51.24 [, 

### including those requirements 

### developed pursuant toTitle401, Chapters 50 

### to631


# . (18) "Secondary emissionsn means emissions which would occur 

### as a result of the construction or operation of a major stationary source or major modification, Sut do not come from the major stationary source or major modification itself. For the purpose of this 

### regulation, secondaryemissions shall [must] be 

### specific, well

### defined, 

# - quantifiable, and impact the 

### same general area as the stationary source or modification which causes the secondary emissions. Secondary emissions include emissions from any offsite support facility which would not otherwise be constructed or increase its emissions 

### as a result of the construction or operation of the major stationary source or major modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as the emissions from the tailpipe of a motor vehicle, from a train, or from avessel. (19) 

### "Innovative control technologynmeans any system of air pollution contr~l that has not been adequately demonstrated in practice, but would have a substantial likelihood of achievingpester continuousemissions reduction than any controlsysten: in 

### current practice or of achieving at least comparable reductions at lower cost In 

### terms of energy,economics, or nonair quality environmental impacts. (20) "Fugitive emissionsw means those emissions which could not reasonablypass through a stack, chimney,vent, or other functionally equivalent opening. (21) 

### (a) "Actual emission^'^ 

### means the actual rate of emissions of a pollutant &oman emissions unit, as determined in accordance with paragraphs (b) 

### to (d)

### of this subsection. (b) In 

### general, acturtl emissions as of a particular date shall equal the average rate, in tons per year, atwhich the unit actually emitted the pollutant duringa two (2) 

### year period which precedes the particular date and which 

### is representative of normal source operation. The cabinet shall allow the use of a different time period upon a 

### determination that it is more representative of normal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates,

### and types of materials processed, stored, or combusted during the selected time period. (c) The cabinet may presume that sourcespecific allowable emissions for the unit are equivalentto the actual emissions of theunit. (d) 

### For any emissions unit which has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date. (22) 

### "Completewmeans, in reference to an application for a permit, that the application contains

### all of the information necessary for processingthe application. (23) "Significantw means: (a) 

### In reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any ofthe rates given in Appendix A 

### to this regulation. (b) 

### In reference to a net emissions increase 

### or the potential of a source to emit a pollutant subject to regulation under the Clean Air 

### Act that is 

### not listed in 

### Appendix A 

### tothis regulation, any emissionsrate. (c) Notwithstanding paragraph (b) 

### of this subsection and Appendix A 

### to this regulation, lignificantn means any emissions rate or any net emissions increase associated with a major stationary source or major modification, which would construct within ten (10)kilometersof a ClassIarea, and have an impact on such area equal 

### toor greater than one (1)

### @m (twenty-four (24)

### hour average). (24) 

### "Federal land managern means, with respect to any lands in the United States, the secretary of the department with authority over such lands. (25) "High terrain" means any area having an elevation 900 feet or more above thebase ofthe stack ofa source. (26) "Low terrainnmeans any area other thanhigh terrain. - 

### (27) "Adverse impact on visibility" means visibility impairmentwhich interferes 

# - with the management, protection, preservation or enjoyment of the visitor's visual experience of the Class I 

### area. This determination shall 

### be made on a case-by-case basis 

### taking into account the geographic extent, intensity, duration, frequency and time of visibility impairment, and how these factorscorrelatewith the times of visitor

use of the Class I 

### area,and the frequency and timing of natural conditions that reduce visibils 28 "State Implementation Planwmeans the most recently prepared plan or revision thereof required by 

### Section 110

### of the Clean Air Act which has been approved by th;U&. 

### EPA. nMandatory

### Class I 

### federal arean

### meam any 

### area identified 

### in 40 CFR 81, 

### Subpart D, 

### where the Administrator 

### of the US. 

### EPA, 

### in consultation with the Secretary of the United States Department of

### Interior, 

### has determined visibility tobe


### animpor

### tant 

### value, (30) 

### "Naturaf conditiomn 

### means 

### those naturally occur?' 

### enomena that reduce3ib%ty asmeasured 

### in tamsof

### visual

### mrge,contrast, w?d%tion (31) 

### Visibility impairmentnmeans any humanl ceptiMechange 

### in visibilit (vbdi6nge, 

### contrast, coloration) from that which :oZ have existed under naturf conditions.

Section 3. Ambient Air Increments. In 

### areasdesignated

### asClassI

### or 11, 

### increases in pollutant concentration 'over the baseline concentration shall be limited to the levels specified in Appendix B 

### to this regulation. For any period other than an annual period, the applicable maximum allowable increase may be exceeded during one (1) 

### such period per year atany one (1) location.

### Section 4. 

### Ambient Air 

### Ceilings. No concentration of a pollutant specified in 

### Section 1

### ofthis regulation shall 

### exceed: (1) 

### The concentration permitted under the national secondary ambient air quality standard; or (2) 

### The concentration permitted under the national primary ambient air



### . quality standard, whichever concentration is 

### lower for the pollutant for a period of exposure.
Section 5. Area Classifications. (1) 

### The following areasshall be C=laas

### I

### areasand may not be

### redesignate& 

### (a) Internationill Si 

### National wildz- 

### areas and national memorial pr*s 

# - which exceed 5,000 

### acres

### insize; and C) 

### National which 

### exceed 6,000 

### acresin

### size.

a 

### In KentucrMammoth Cave National Park 

### $ the only [shallbe a] Class I 

### areal (2)[(b)] [(2)] Any other area, unless otherwise specified in the legislation 

# -- creatingsuch an area, is designated Class 

### IIbut mav be

### redesignated as

### provided in 40 CFR 

### 51.21(n). 

# - (3) The provisions'of this tion relating tovisibili 

### protection shall 

### apply only

### txurces which may impact?mandatory Ckm,I 

### federal [(2) 

### The Class I 

### areas for other states shall be the mandatory Class I 

### federal

areas wErevisibility is 

### an important value aslisted in 40 

### CFR 81,

### Subpart D.1



### Section 6. 

### Exclusions from Increment Consumption. (1)

### The cabinet may, after notice and opportunity for atleast one (1) 

### public hearingtobeheld 

### in accordancewith procedures established in 40 1 

### KAR 50:035, exclude the following concentrations in determining compliancewith a maximum allowable increase: (a) Concentrations attributable to the increase 

### in emissions from stationary

sourceswhich havebeen 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 such sources before the effective dateof such 

### an 6rder; (b) Concentrations attributable to the increase in emissions from sources which have converted from using natural gas by reason of a natural gas curtailment plan in effect pursuant to the federal statute over the emissions from such sources before the effective dateof such 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 or particulate matter from stationary sources which are affected by 

### plan revisionsapproved by 

### the AdministratoroftheU.S. EPA. (2) 

### No exclusion of such concentrations shall apply more than five (5)years after the effectivedateof the order to which subsection(1Xa)of this section refers or the plan to which subsection (1Xb) 

### of this section refers, whichever is applicable. If both 

### such order and plan are applicable, no such exclusion shall apply more than five (5)

### yearsafterthelater of such effectivedates. (3) No exclusion under this 

### section shall occur after May 7, 1981, 

### unless a State Implementation Plan revision meeting the requirements of 40 

### CFR 51.24 has 

### been approved by the US. EP.4.(4) 

### The plan revision referred to in subsection (3)

### of this section shall specify the following provisions: (a) The time over which the temporary emission increase of sulfur dioxide or particulate matter would occur. Such time shall not exceedtwo (2)

### years in 

### duration unless alonger time is approved by 

### the U.S. EPA; (b) 

### That the timeperiwl for excluding certain contributionsin 

### accordance-with paragraph (a)of this

### subsectionis not renewable; 

### (c) That no emissions increase will 

### occur from a stationary source which would:1. 

### Impact a Class 1

### area or an area where 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 

### will be in effect at the end of the time period specified in accordance with paragraph (a)of this subsectionwhich would ensurethat the emissions levels from stationary sources affected by 

### the plan revision would not exceed those levelsoccurringfrom such sources before the plan revision was approved.

Section 7. Stack Heights. (1) The degree of emission limitation required for control of any air pollutant under this regulation shall not be affected in any manner by: 

### (a) So much of the stack height of any source 

### as exceeds good 

### engineering practice; or (b) 

### Any other dispersion technique. (2) 

### Subsection (1)

### of this section shall not apply with respect to stack heights in 

### existence before December 31, 

### 1970, or to dispersion techniques implemented before then.

Section 8. 

### Review of Major Stationary Sources and Major Modifications; Source Applicabilityand Exemptions. (1) 

### No major stationary sourceor major modifications to which the requirements of Sections 9 to 17 of this regulation apply shall begin actual construction without a permit which states that the stationary source or modification 

# - would meet thoserequirements. (2) 

### The requirements of Sections 9 

### to 17 of this 

### regulation shall apply to any major stationary source and any major modification with respect to each pollutant subject to regulations under the Clean Air Act that it would emit, except

### asotherwise provided in

### Section 1

### of thisregulation. (3) 

### The requirements of Sections 9 

### to 17

### of this 

### regulation shall apply only to any major stationary source or major modification that would be constructed in an 

### area designated 

### as attainment or unclassifiablepursuant toSection 107(dXlXD)or 

### (E) of the Clean Air 

### Act [under 401 KAR 

### 51:010]. Major volatile organic compound - 

### sources locating in an area unclassified for ozone may choose to accept the nonattainment area review requirement immediately pursuant to 401 KAR 

### 51:052 and conductpost-approval monitoring for ozone. (4) 

### The requirements of Sections 9 

### to 17

### of this regulation shallnot apply to a 

### particular major stationary sourceor major modification if: (a) 

### The owner or operator: 1. 

### Obtained a federal, state or local preconstruction approval effective before September22, 1982 

### [theeffective dateof this regulation] ; 2. 

### Commenced construction before September 22, 

### 1982 [theeffective date of this regulation] ;

### and

### 3. Did not discontinue construction for a period of eighteen (18) 

### months or more;or (b) 

### The source or [of] modification would be a nonprofit health or nonprofit - 

### educational institution, a major modification would occur Rt such an institution, end the Governor of the Commonwealth of Kentucky requests that it be exempt from those requirements; (c) The source or modification would be a major stationary source or major modification only if fugitive emissions, to the extent quantifiable, are considered in 

### calculating the potential to emit of the stationary source or modification and the

sourcedoes not belong to any of the followingcategories: 1. 

### Coal cleaning plants (with thermal dryers); 2. 

### Kraft pulp mills; 3. 

### Portlandcementplants; 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 tons of refuse 

### per day; 9. 

### Hydrofluoric, sulfuric, or nitric acid plants; 10. Petroleum refineries; 11. 

### Limeplants; 12. 

### Phosphaterock processing plants; 13. Cokeoven batteries;

. 14. 

### Sulfurrecovery plants;

15. 

### Carbon black plants (furnaceprocess); 16. 

### Primary lead smelters; 17. Fuel conversionplants; 18. Sinteringplants; 19. Secondarymetal production plants; 20. Chemicalprocess plants; 21. 

### Fossil-fuel boilers (or combination thereof) totaling more than 250 million 

### BTUsper hour heat input; 22. 

### Petroleum storage and transfer units 

### with a total storage capacity exceeding300,000 barrels; 23. Taconite ore processing plants; 24. Glass fiber processingplants; 25. Charcoalproduction plants; 26. 

### Fossil fuel-fired steam electric plants of more than 250 million BTUs per hour heat input; or 27. Any other stationary source category which, 

### as of August 7, 1980, 

### is being regulated under Title401, Chapters 57 and 59 or 40 

### CFR Parts 60 and 61;or (d) The source is a portable stationary source which has previously received a permit under this regulation; and: 1. 

### The owner or operator proposes torelocate the source and emissionsof the

source atthe new location would be temporary; 2. 

### The emissions from the source would not exceed itsallowable emissions; 3. 

### The ernissiohs from the source would impact no Class I 

### area and no area 

### where an applicable increment is 

### known to be violated;and 4. 

### Reasonablenotice is 

### given to the cabinet prior to therelocation identifying the proposed new location and the probable duration of operation atthe new location.

### Such notice shall be given tothe cabinet not less than ten (10)

### days in advance of the proposed relocation unless a different time duration is 

### previously approved by 

### the cabinet. (5) The requirements ofSections 9 

### to 17 of this regulation 

### shall not apply toa major stationary sourceor major modification with respect to a particular pollutant if



## . the owner 

### or operator demonstrates that, relative to that pollutant, the source or modification is located in an area designated 

### as non-attainment ursuant to Section 107(dXlXA), 

### (B)or (C)of the Clean Air Act [under401KAR 51:0181. (6) 

### The requirements of Sections 10, 12 

### and 14 of this regulation shall not apply to a major stationary source or major modification with respect to a particular pollutant, if the allowable emissions of that pollutant from the source, or the net emissionsincrease of that pollutant from the modifications: (a) Would impact no Class I 

### area and no area where 

### an applicable increment is known 

### tobe 

### violated;and (b) Would be temporary. (7) 

### The requirements of Sections 10, 12

### and 14ofthis regulation 

### asthey relate to any maximum allowable increase for a 

### Class 

### II area shall 

### not apply to a major modification at a stationary source that was 

### in existenceon March 1, 

### 1978,if the net increase in allowable emissions of each pollutant subject to regulations under the Clean Air 

### Act from the modification after the application of best available control technologywould beless than fifty (50)tonsper year. (8) 

### The cabinet may exempt a stationary source or modification from the requirements of Section 12 

### of this regulation with respect to monitoring for a particular pollutant if: (a) 

### The emissions increase of the pollutant from the new source 

### or the net emissionsincrease of the pollutant from the modification would cause, in any area, air quality impactsless than the amountsgiven in Appendix Ctothis regulation; or (b) 

### The concentrations of the pollutant in the area 

### that the source or modification would affect areless than the concentrations listed 

### in Appendix Cto this - 

### regulation, or thepollutant is 

### notlisted in Appendix C 

### to this regulation.

Section 9. Control Technology Review. (1)A 

### major stationary source or major modification shall meet each amlicable emissionslimitationunder Title401, Chapters 50 to 63 

### and each applicableerikion standard and standard of performance pursuant to40 

### CFR~O and 61. (2) A 

### new major stationary source shall applybest available control technology for each pollutant subject to regulationunder the CleanAir Act that it would have the potential to emit in significant amounts. (3) Amajor modification shall applybest available control technology for each pollutant subject to regulation under Clean Air Act for which it would result in a significant net emissions increase at the source. This requirement applies to each proposed emissions unit at which a net emissions increase in the pollutant would occur 

### asa result of aphysical changeor changein the method ofoperation in the unit. (4) For phased construction projects, the determination of best available control technology shall 

### be reviewed and modified as appropriate at the latest reasonable time which occurs no later than eighteen (18)months prior to commencement of construction of each independent phase of the project. At such time, the

owner or operator of the applicable stationary source may be required to demonstrate the adequacy of any previous determination of best available control technology for 

### the source.

### Section 10. 

### Source Impact Analysis. The owner or operator of the proposed

source or modification shall demonstrate that allowable emission increases from the proposed source or modification, in conjunction with all 

### other applicable emissions

. 

### increases or reductions (includingsecondary emissions),would not cause or contribute toair pollution in violation of: (1) 

### Any national ambient air quality standard in any air quality controlregion;

or (2) Any 

### applicable maximum allowable increase over the baseline concentration in any area.

Section 11. 

### Air Quality Models. (1)

### All estimates of ambient concentrations required under this regulation shall be based on the applicable air quality models, data bases, and other requirements specified in the "Guideline on Air QualityModels," frled 

### by reference-in 401 KAR

### 50:015. (2) 

### Where 

### an air quality impact model specified in the "Guideline on Air Quality Modelsn 

### is inappropriate, the model may be modified or another model substituted. Such a change

# - will [must] be subject to notice and opportunity for public comment under Section 17

### of this regulation. Written approval of the U.S. EPA must be obtained for any modification or substitution. Methods like those outlined in the "Workbook for the Comparison of Air Quality

### Models," filed 

### by reference in 401 KAR 

### 50:015, shouldbe used to determine the comparabilityofairquality models.

Section 12. 

### Air QualityAnalysis. (1) 

### Preapplication

### analysis. (a) Any application for a permit under this regulation shall contain an analysis of ambient air quality in the area that the major stationary source or major modification would affect for each ofthe followingpollutants: 1. 

### For the source, each pollutant that it would have the potential to emit in a significantamountasdefined 

### in Section 2(23)ofthis regulation; - 2. 

### For the modification, each pollutant for which it would result in a significant net emissions increase. (b) With respect to any such pollutant for which 

### no national ambient air quality standard exists, the analysis shall 

### contain such air quality monitoring data as 

### the cabinet determines are 

### [is] necessary to assess 

### ambient air quality for that pollutant 

### inany area thatthe emissions of that pollutant would affect. (c) With respect to any such pollutant (other than nonmethane hydrocarbons) for which such a standard does exist, the analysis shall contain continuous air quality monitoring data gathered for purposes of determining whether emissions of that pollutant would cause or contribute to a violation of the standard or any maximum allowableincrease. (dl 

### In general, the continuous air quality monitoring data 

### that 

# are [is1 

### required shall have been gathered over 

### a period of at least one (1)

### year and shall 

### represent at least the year preceding receipt of the application, except that, if the applicant demonstrates through historical data or dispersion models that the monitoring data gathered over a period shorter than one (1)year (but not to be less than four (4) 

### months)will be obtained during a time period when maximum air quality levels can be expected, the data that

# - are [is] required shall have been gathered over atleast that shorterperiod. (e) The owner or operator of a proposed stationary source or modification of volatile organiccompoundswho satisfies all

### conditionsof 401

### KAR 51:052 may provide post-approval monitoring data for ozone in lieu of providing preconstruction data as 

### required under paragraphs (a)to (d)

### of this subsection.(2) 

### Post-construction monitoring. The owner or operator of a major stationary

source or major modification shall, 

### after construction of the stationary source or modification,conduct such ambient monitoring as the cabinet determines is 

### necessary to determine the effect emissions from the stationary source or modification may have, or arehaving, on air quality in any area. (3) 

### Operations of monitoring stations. The owner or operator of a major stationary source or major modification shall meet the requirements of Appendix B 

### to 40 CFR 

### 58, med by 

### reference in 401 

### KAR 50:015, duringthe operation of monitoring stations forpurposes of satisfying subsections(1)

### and (2)

### ofthis section.

Section 13. Source Information. The owner or operator of a proposed source or modification shall 

### submit all 

### information necessary to perform any analysis or make any determination required under thisregulation. (1) 

### With respect to a major source 

### or major modification to which Sections 9, 11, 

### 13and 15of this regulation apply,such informationshall

### include: (a) A 

### description of the nature, location, design capacity, and typical operating scheduleof the sourceor modification, including specifications and drawings showingitsdesign and plantlayout; (b) A 

### detailed schedule for constructionofthe sourceor modification; (c) A 

### detailed description 

### as to what system of continuousemission reduction is 

### planned for the source or modification, emission estimates, 

### and any other information necessary to determine that best available control technology would be applied. (2) 

### Upon request of the cabinet, the owner or operator shall also provide 

### information on: (a) The air quality impact of the source or modification, including

- 

### meteorologicaland topographicaldatanecessaryto estimatesuch impact; and (b) 

### The air quality impacts, and the nature and extent of any 

### or all 

### general commercial, residential, industrial, and other growth which has occurred since August 7, 

### 1977,in the area the 

### source or modification would affect.

Section 14. Additional Impact ~nalysis.'(l) The owner or operator shall 

### provide

an analysis of the impairment to visibility, soils and vegetation that would occur 

### as a result of the sourceor modification and general commercial, residential, industrial and other growth associated with the source or modification. The owner or operator need not provide an analysis of the impact on vegetation having no significant commercial

orrecreational value. (2) 

### 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 mowth associated with the sourceor modification. 

# 6) Visibility monitoring. The cabinet may require monitoring of visibility in any ~1Xs I

### areaimpacted Sy 

### the proposed new stationary sourceor major modification using human observations, teleradiometers, photographic cameras, nephelometers, tor] fine particulate monitors, or other appropriate methods 

### as specified by the US. =-A. 

### The methcd selected shall be determined on a case-by-case basis by 

### the cabinet. Any visibility monitoring required by 

### the cabinet in a Class I 

### area will 

### be approved by 

### the federal land manager. Data obtained &om any visibility monitoring shall be made available to the cabinet, U.S. 

### EPA and the federal land manager, upon reauest.

### Section 15. 

### Sources Impacting [~ederal] 

### Class I 

### Areas; Additional Requirements. (1) 

### Notice to US. EPA 

### and federal land managers. The cabinet shall provide written notice ofany permit application for a proposed major stationary

source or major modificationthe emissions from which 

### may- [would] affecta Class I



### area to the 

### U.S. EPA, the federal land manager, and the federal official charged with direct responsibility for management 

### ,I of any lands within any such area. The cabinet shall 

### provide such notice promptly after receiving the application. 

# - Such notification shall include a copy of all information relevant to the permit application and shallbe given within thirty (30)

### days ofreceipt and atleast sixty (60)

### days prior to any public hearing on the application for a permit to construct. Such notification shall include an analysis of the proposed 

### source's anticipated impacts on visibility in 

### the bassI 

### area. ?he cabinet shall also provide the federalland manager and such federal officials with a copy of the preliminary determination required under Section 17 

### of this 

### regulation, and shall make available to them 

### any materials used 

### in making that determ-htion, promptly after the cabinet makes it.- Finally, the cabinet 

### shall also notify 

### all affected federal land managers within thirty (30) days of receipt of any advance notification of any such permit application. (2) 

### Federal land manager. The federal 

### land manager and the federal official charged with direct responsibiiity for management of such Lands have an affrmative responsibility to protect the air quality related values (including visibility) of such 

### lands and to consider, in 

### consultation with the 

### cabinet, whether 

### a proposed source or modification 

### will have an adverse impact on such values. (3) Visibilityanalysis. The cabinet shall 

### consider 

### any analysis performed by 

### the federal land manager, provided within thirty (30) days of the notification and analysis required by 

### subsection (1) 

### of this section, that shows that a proposed new major stationary source or major modification may have 

### an adverse impact on visibility in any Class I 

### area. Where the cabinet finds that such an analysisdoes not demonstrate to the satisfaction of the cabinet that an adverse impact on visibility will 

### result in 

### the Class I 

### area, the cabinet shall, 

### in the public notice required in 401 KAR 

### 50:035, Section 4, either explain that decision or give notice 

### as to where the explanation can be obtained. (4)[

### (3)l Denial; impact on air quality related values.' The federal land ' 

### manager of any such lands may demonstrate to the cabinet that the emissions from a proposed source or modification would have 

### an adverse impact on the air quality related values (includingvisibility)of those lands, notwithstanding that the change in 

### air quality resulting from emissions from such source or modification would not cause or contribute to concentrations which would exceed the maximum allowable increases for a Class I 

### area as defined in 

### Appendix B 

### to this regulation. If the cabinet concurs with such demonstration then the cabinet shallnot issue the permit. (5)[(4)] .Class 1 

### variances. The 

### owner 

### or operator of a proposed source or modistion may demonstrate to the federal land manager that the emissions from such source or modification would have no adverse impact on the air quality relatea values of any such lands (includingvisibility), notwithstanding that the change in air quality resulting from ernisions from such source or modification would cause or contribute to concentrations whichwould exceed the maximum allowable increases for

a 

### Class I area. If the federal land manager concurs with suchdemonstration and he so certifies, the cabinet may, provided that the applicable requirements of this regulation

are otherwise met, issue -the permit with such emission limitations as may be necessary 

### to 

### assure that emissions of sulfur dioxide and particulate matter would not exceed the maximum allowable increases over baseline concentration for such pollutants specifiedin Appendix D 

### to thisregulation.

### (6)[(5)1 Sulfur dioxide variance by 

### governor with federal land manager's 

# - concurrence. meowner or operator of a proposed source or modification which cannot be approved under subsection (5) 

### [(4)] of this 

### section may demonstrate to the

- 

### Governor of theCommonwealthof ~exucky that the source-cannotbe 

### constructed by


### reason of any maximum allowable increme in sulfur dioxide for 

### a period of twentyfour (24) 

### hours or less applicable to 

### any 

### Class I area and[, 

### in the case of federal mandatory Class I areas,] that a varianceunder this 

### clause would not adverselyaffect the air quality related values of the area (including visibility). The governor, after considerationof the federal land manager's recommendation (ifany)and subject tohis concurrence, may, after notice and public hearing, grant 

### a variance &om such maximum allowable increase. If such variance is granted, the cabinet shall issue a permit to such source or modification pursuant to the requirements of subsection (a)[(?)] of this section, provided that the applicable requirements of this regulation

areotherwisemet. (7)[(6)1 Variance by 

### the governor with the president's concurrence. In any case where the Governor of the Commonwealth of Kentuckyrecommendsa variance in which the federal land manager does not concur, therecommendationsofthe governor 

### and the federal land manager shall be transmitted to the President of the United States of America. If the variance is 

### approved, the cabinet shall issue a permit pursuant to the requirements of subsection (811(711 of this 

### section, provided that the applicable requirements of this 

### regulation areotherwise met. (8)[(7)) 

### Emission limitations for presidential 

### or gubernatorial variance. In 

### the case of a permit issued pursuant to subsections (6) 

### [(5)1 or (7)

### [(6)] of this section the source 

### or modification shall comply with suc~emission~mitations 

### a may be necessary to assure that emissi0.n~ of sulfur dioxide from the source or modification would not (during any day on which the 

### otherwise applicable maximum allowable increasesare exceeded) cause or contribute to concentrations which would exceed the maximum allowable increases over the baseline concentration as 

### specified 

### in Appendix E 

### ofthis regulationand 

### to assure that such emissions would not cause or contribute to concentrations which exceed the otherwise applicable maximum allowable increases for periods of exposure of twenty-four (24) 

### hours or less for more than elmteen (18) 

### days, not necessarily consecutive,duringany 

### annual period.

Section 16. Public Participation. The cabinet shall follow the applicable proceduresof 401KAR 

### 50:035 in processingapplicationsunder thisregulation.

Section 17. Source Obligation. (1) 

### Any owner or operator who constructs or operates 

### a source or modification not in accordance with the application submitted pursuant to this regulation or 

### with the terms of any approval to construct, or any owner or operator of a source or modification subject to this regulation who begins

. 

### actual construction after September 22, 

### 1982 [the effective date of this regulation] without applying for and receivingapprovalhereunder, shall

### be subject to appropriate enforcement action. (2) 

### Approval to construct shall become invalid if construction is not commenced within eighteen (18)

### months after receipt of such approval, if construction is 

### discontinued for a period of eighteen (18)months or more, or if construction is not completed within a reasonable time. The cabinet may extend the eighteen (18)month period upon a satisfactory showing that an extension isjustified. This provision does not apply to the time period between construction of the approved phases of a phased construction project; each phase must commence construction within eighteen (18) 

### months of the projected and approved commencementdate.

### (3) Approval to construct shall not relieve any owner or operator of the responsibility tocomply fully with applicableprovisionsof Title 401, Chapters 50 

### to 63 

### and any other requirements under local, state, or federallaw. (4) At such time that a particular source or modification becomes a major 

### stationary source or major modification solely by 

### virtue of a relaxation in 

### any enforceable limitation which was established after August 7, 

### 1980, on the capacity of the sourceor modification otherwise to emit a pollutant, such 

### asa restriction on hours of operation, then the requirements ofSections9to 18

### of this regulation shall apply to the source or modification as though construction had not yet commenced on the

sourceor modification.

Section 18. Environmental Impact Statements. Wheneveranyproposed sourceor modification is 

### subject to action by 

### a federal agency which might necessitate preparation .of an environmental impact statement pursuant to the National Environmental Policy Act (42 

### U.S.C. 4321), review by the cabinet conducted pursuant to this 

### regulation shall be coordinated with the broad environmental reviews under that Act and under Section 309 of the Clean 

### Air Act to the maximum extent feasible and reasonable.

Section 19. 

### Innovative Control Technology. (1) 

### An owner 

### or operator of a proposed major stationary source or major modification 

### may request the 

### cabinet in writingtoapprovea system ofinnovative control technology. (2) The cabinet 

### shall, with the consent 

### of the governor(s) of other affected stat&), determine that the source or modification may employ a system of innovative control technology iP: (a) The proposed control system would not cause 

### or contribute to an unreasonablerisk topublichealth, welfare, or safety

### in its operation or fbnction; (b) The owner or operator agrees to achieve a level of continuous emissions reduction equivalenttothat which would have been required under Section 9(2)of this regulation by 

### a date specified by 

### the cabinet.. Such date shall not be later than four (4)years &omthe time of startupor seven (7)

### years &ompermit issuance; (c) The source or modification would meet the requirements of Sections 9 

### and 10 

### of this 

### regulation based on the emissions rate that the stationarysource employing .the system of innovative control technology would be required to meet on the date specified by 

### the cabinet; (dl 

### The source or modification would not before the date specified by 

### the cabinet: 1. 

### Cause or contribute to a violation of an applicable national ambient air 

### quality standard; 2. 

### Impact any Class I 

### area; or 3. 

### Impact any area where an applicable increment is known to be violated; and (el 

### All other applicable requirements including those for public participation havebeen met. (3) 

### The cabinet shall withdraw any approval to employ a system of innovative control technology made under this regulation if: 

### (a) The proposed system fails by 

### the specified date to achieve the required continuousemissionsreduction rate; (b) 

### The proposed system fails before the specified date 

### so 

### as to contribute to 

### an unreasonablerisk to public health, welfare, or safety;or

### (c) The cabinet decides at any time that the proposed system is unlikely to achieve the required level of control or to protect the public health, welfare, 

### or safety. (4) 

### If a source or modification fails to meet the required level of continuous emission reduction within the specified 

### time period or the approval 

### is withdrawn in 

### accordance with subsection (3) 

### of this 

### section, the cabinet may allow the source or modification up to an additional three (3) 

### years to meet the requirement for the application of best available control technology through use of a demonstrated system 

### ofcontrol.



### Section 20. 

### Permit Condition Rescission. (1) Any owner or operator holding a permit for 

### a stationary source or modification which contains conditions pursuant to 401 KAR 

### 51:015 or 401 KAR 51:016E may request that the 

### cabinet rescind the applicableconditions. (2) 

### The cabinet shall rescind a permit condition if

### sorequested if the applicant


### can demonstrate to the satisfaction of the cabinet that this 

### regulation would [does] 

# - not applytothe 

### source or modification or a portion thereof.

Adopted:

Approved 

### asto form and certified in 

### conformity with KRS 

### 13A.220(2)and (3):

Carl W. 

### Breeding, Gene Natural Resources and E 

### Protection Cabinet

Approved:

/- 

## /4L-86 Charlotte

### E. Baldwin, Secretary Date Natural Resourcesand Environmental Protection CabinetAPPENDIX A TO 401 KAR51:017
SignificantNetEmissions Rates

POLLUTANT EMiSSIONS RATE

Carbon monoxide 100 tons per year 

### (TPY)
Nitrogen oxides

Sulfur dioxide

Particulate,matter

Ozone

Lead

Asbestos
Beryllium
Mercury
Vinyl chloride

Fluorides

Sulfuric acid mist
Hydrogen sulfide 

### (H 2S)

Total reduced sulfur

(including 

### ii 2S)

Reduced 

### sulfurcompounds (including H 2S) 

### 40 tPY

25 tPY

40 tpyofvolatile organiccompounds

0.6 tpy

0.007 tpy

0.0004 tpy

0.1 tpyAPPENDLX 

### B TO 401 KAR 51:017



### Ambient Air Increments

Maximum Allowable Increase POLLUTANT (

### Microvams per cubic meter) 

### class I



### Particulate Matter: Annual 

### geometric mean 24-hour maximum

Sulfur Dioxide: 

### Annual arithmeticmean 24-hour maximum %hour maximum

Class

### II

Particulate Matter: 

### Annual geometric mean 24-hour maximum

Sulfur Dioxide: 

### Annual arithmeticmean 24-hour maximum +hour maximumAPPENDIX C TO 401

### KAR 51:017
SignificantAir Quality Impact

POLLUTANT AIR QUALITY LEVEL 

### AVERAGING 

### TIME

Carbon monoxide 575~/m' 8-bour average Nitrogen dioxide 14rg/m' 

### annual average

Totalsuspended particulate 10

### s/m

# ' 24-hour average

Sulfurdioxide 13@/m' 24-hour average

Ozone 

### No de minimis air quality level is provided for ozone. However, any net increase of 100tonsper

### year or more of volatile organic compounds subject 

### to this regulation would be required toperform an ambient impact analysis including thegathering ofambientairquality data.

Lead 0.1 

### a/m

# ' 2ehouraverage Mercury 0.25 m/mS Behour average Beryllium 0.00 1 ~g/m 

# ' 24-hour average

Fluorides 0.25 ~g/m 

# ' 24-hour average Vinyl chloride 15%/m3 24-hour average Hydrogen sulfide 0.04 

### s/m3 l-hour average

### APPENDIX D TO 401 KAR 51:017



### AmbientAir Increments

for 

### Class I 

### Variances

Maximum AllowableIncrease (micro~rams per cubic meter)

ParticulateMatter: Annual geometricmean 24-hour maximum

sulfur'~ioxide:

. 

### Annual arithmetic mean 24-hour maximum 3-hour maximum

### APPENDIX 

### E TO 401

### KAR 51:017



### Ambient Air Increments for Presidential

or Gubernatorial SO 2 

### Variances 

### -

Maximum Allowable Increase (Micrograms percubic meter)

Terrainareas Period ofExposure Low High

24-hour maximum 3-hour maximum