COW~PNWEALT+ OF KE~TUCKY 

NATURAL RESOURCES AND 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 sources in or impacting upon 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 

iiiniiiiig lists. Li resprm to 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~ torespond 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 

the hearing are also enclosed to assist 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 corn ments or questions that you may have regarding this submittal 

Roger B. McCann, Director of the Division of Air Pollution Control. 

Sincerely, 

Charlotte E. Baldwin 

Secretary 

CEB/jb 

Enclosures 

PREFACE 

The Kentucky Natural Resources and Environmental protection Cabinet, Department 

for Environmental Protection, submits this Statement of Consideration and amended 

regulations to the Legislative Research Commission as required by KRS 13A.280. The 

regulations which are the 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 

hearing in accordance with federal regulation 40 CFR 51.4. Public hearing notices and 

announcement of availability of informational copies of the proposed regulations were 

distributed to approximately 1,300 individuals and copies were kept on file for public 

inspection in all of the air quality control regions and the Frankfort office for at least 

thirty days prior to the hearing. 

The services of a- court stenographer were secured and the written comments are kept 

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 affiliation is included in this document. 

Charlotte E. Baldwin, Secretary 

Natural Resources and Environmental 

Protection Cabinet 

TABLE OF CONTENTS 

PAGE 

Comments ............................................ on 401 KAR 51:017 1 

Comments .......................................... on 401 RAR 51:052.. 3 

PERSONS SUBMITTING TESTIMONY 

INTO THE PUBLIC HEARING RECORD 

December 30,1985 

PERSON AFFLLLATION 

Bruce P. Miller U .S. Environmental Protection Agency 

Todd Craw ford Missouri Department of Natural Resources* 

Wm. Horace Brown Environmental Quality Commission 

TYPE OF TESTIMONY 

Written 

* Testimony related only :o the State Implementation Plan. 

Written 

Written 

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

Section 2 

Bruce P. Miller -- United States Environmental Protection Agency 

COMMENT: 

The definitions of "visibility impairment" and "natural conditions" should be included 

because they are used in the definition of "adverse impact." 

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 Quality Commission 

Bruce P. Miller -- United States Environmental Protection Agency 

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 to the end of Section 5(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 

language has been added to a new Section 5(2). 

Section 7 

Bruce P. Miller -- United States Environmental Protection Agency 

COMMENT: 

The draft regulation for prevention of significant deterioration (PSD) regarding stack 

height is consistent with United States 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) in non-attainment 

areas, 401 KAR 51:052. 

RESPONSE: 

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

regulations for PSD or NSR will be reviewed in accordance with the new federal stack 

height regulations promulgated July 8, 1985 (50 FR 27892). 

Section 143) 

Wm. Horace Brown -- Environmental Quality Commission 

COMMENT: 

The Division may wish to include "public" in the listing of those who may request 

visibility monitoring data. This comment also applies to 401 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 -- United States Environmental Protection Agency 

COMMENT: 

The phrase "or other appropriate methods11 should be added to the end of the first 

sentence so as not to preclude the use of new 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. 

EPA specifies the appropriate method. 



COMMENT: 

The rule cannot be approved for any area in which SIP attainment demonstration is 

based on actual emissions since the baseline for determining offset credit is allowable 

emissions. See 40 CFR 51.1 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 -- United States Environmental Protection Agency 

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 

does not interfere with Reasonable 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 -- United States 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 of new visibility monitoring technology and to 

be consistent with the tlat-rative section on visibility monitoring. 

RESPONSE: 

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

are specified by the U.S. EF.3. 

40 1 KAR 51:017. Prevention of significant deterioration of air quality. 

NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET 

Department for Environmental Protection 

Division of Air Pollution 

RELATES TO: KRS 224.320, 224.330 and 224.340 

PURSUANT TO: 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 of air pollution. This regulation provides for the prevention of 

significant deterioration of ambient air quality. 

Section 1. Applicability. The provisions of this regulation are applicable to any 

major stationary source or any major modification which: 

(1) Commenced construction after September 22, 1982; 

'(2) Emits any pollutant regulated by the Clean Air Act; and 

(3) Is constructed in areas designated as attainment or unclassifiable for any 

pollutant as defined pursuant to Section 107(dXl)(D) or (E) of the Clean Air Act. Area 

designations are contained in 40 CFR 81.318. 

Section 2. Definitions. As used in this regulation all terms not defined herein 

shall have the meaning given them in 401 KAR 50:OlO. 

(1) "Major stationary sourcew 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 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, 250 

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 at a stationary source not otherwise 

qualifying under this subsection as a major stationary source, if the changes would 

constitute a major stationary source by themselves. 

(d) A major stationary source that is major for volatile organic compounds 

shall be considered major for ozone. 

(2) "Major modificationn means any physical change in or change in the method 

of operation of a major stationary source that would result in a significant net 

emissions increase of any pollutant subject to regulation under the Clean Air Act. 

(a) Any net emissions increase that is significant for volatile organic 

compounds shall be significant for ozone. 

(b) A physical change or change in the method of operation shall not include: 

1. Routine maintenance, repair and replacement; 

2. Use of alternative fuel or raw material by reason of an order or by reason 

of a natural gas curtailment plan in effect under a federal act; 

3. Use of an alternative fuel at a steam generating unit to the extent that the 

fuel is generated from municipal solid waste; 

4. Use of an alternative fuel or raw material by a stationary source which: 

a. The source was capable of accommodating before January 6, 1975, unless 

such change would be prohibited under any permit condition which was established 

after January 6, 1975; or 

b. The source is approved to use under any permit issued under this regulation 

or under 40 CFR 52.21; 

5. An increase in the hours of operation or in the production rate, 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 401 KAR 50:035 and 401 KAR 51:016E; or 

6. Any change in ownership at a stationary source. 

(3) "Net emission increase" means the amount by which the sum of paragraphs 

(a) and (b) of this subsection exceeds zero: 

(a) Any increase in actual emissions from a particular physical change or 

change in method of operation at a stationary source; and 

(b) Any other increases and^ decreases in actual emissions at the source that 

are contemporaneous with the particular change and are otherwise creditable. 

(c) An increase or decrease in actual emissions is contemporaneous with 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 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 or 40 CFR 52.21, which permit is in effect when the increase in actual 

emissions from the particular change occurs. 

(e) An increase or decrease in actual emissions of sulfur dioxide or 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 emissions is creditable only to the extent that: 

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

whichever is lower, exceeds the new level of actual emissions; 
2. 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 same qualitative significance for public health and 

welfare as that attributed to the increase &om 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 after a reasonable shakedown period, not to exceed 180 days. 

(4) "Potential to emitn means 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 installa tion 

which emits or may emit any air pollutant subject to regulation under the Clean Air 

Act. 

(6) "Building, structure, facility, or installationf1 means all of the pollutant 

emitting activities which belong to the same industrial grouping, are located 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 1977 supplement. 

(7) "Emission unitn means any part of a stationary source which emits or would 

have the potential to emit any pollutant subject to regulation under the Clean Air Act. 

(8) "Constructionn means any physical change or change in the method of 

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

an emissions unit) which would result in a change in actual emissions. 

(9) Wommencen as applied to construction of a major stationary source or 

major modification means that the owner or operator has all necessary preconstruction 

approvals or permits and either has: 

(a) Begun, or caused to begin, a continuous program of actual on-site 

construction of the source, to be 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 laws and regulations. 

(1 1) "Begin actual constructionn means, 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 to those 

on-site activities other than the preparatory activities which mark the initiation of the 

change. 
(12) "Best available control technologyn means an emissions limitation 

(including a 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 corn bus tion 

techniques for control of such pollutant. In no event shall application of best available 

control technology result in emissions of any pollutant which would exceed the 

emissions allowed by any applicable standard under Title 401, 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, to the degree possible, 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 equivaient results. 

(13) "Baseline concentrationn 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 date is established 

and shall include: 

(a) The actual emissions representative of sources in existence on the 

applicable baseline date, except as provided in paragraph (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 

baseline date. 

(c) The following will not be included in the baseline concentration and will 

affect the applicable maximum allowable increase(s): 

1. Actual emissions from any major stationary source on which construction 

commenced after January 6, 1975; and 

2. Actual emissions increases and decreases at any stationary source 

occurring after the baseline date. 

(14) "Baseline daten 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 state prevention of significant 

deterioration regulations. Ttre baseline date is established for each pollutant for which 

increments or other equivalent measures have been established if: 

(a) The area in which the proposed source or modification would construct is 

designated as attainment or undassifiable pursuant to Section 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 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 of 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 cannot 
intersect or be smaller than the area of impact of any major stationary source or 

major modification which: 

(a) Establishes a baseline date; 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 compliance date; or 

(c) The emissions rate specified as a state and federally enforceable permit 

condition, including those with a future compliance date. 

(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. 

(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 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 a vessel. 

(19) "Innovative control technologyn means any system of air pollution control 

that h& not been adequately demonstrated in practice, but would have a substantial 

likelihood of achieving greater 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 environmental impacts. 

(20) "Fugitive emissionsn means those emissions which could not reasonably pass 

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

(21) (a) "Actual emissionsn means the actual rate of emissions of 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, at which 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 shall be 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 are equivalent to the actual emissions of 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 contains all of the information necessary for processing 

(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 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 to this regulation, any emissions rate. 

(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 

construct within ten (10) kilometers of a Class I area, 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 department with authority over such lands. 

(25) "High terrainv means any area having an elevation 900 feet or more above 

the base of the stack of a source. 

(26) "Low terrainn means any area other than high terrain. 

(27) "Adverse impact on visibilityn means 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 of visibility impairment, and how these factors correlate with the times of visitor 

use of the Class I area, and the frequency and timing of natural conditions that reduce 

visibility. 

(28) "State Implementation Plan" means the most recently prepared plan or 

revision thereof required by Section 110 of 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 important value. 

(30 ) ltNatural conditionsn means those naturally occurring phenomena that 

reduce visibility as measured in terms of visual range, contrast, or coloration. 

(31) Visibility impairment" means any humanly perceptible change in visibility 

(visual range, contrast, coloration) from that which would have existed under natural 

conditions. 

Section 3. Ambient Air Increments. In areas designated as Class 1 or 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 at any one (1) location. 

Section 4. Ambient Air Ceilings. No concentration of a pollutant specified in 

Section 1 of 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 dispersion technique. 

(2) Subsection (1) of this section shall not apply with respect to stack heights 

in existence before December 3 1, 1970, or to dispersion techniques implemented 

before then. 

Section 8. Review of Major Stationary Sources and Major Modifications; Source 

Applicability and Exemptions. (1) No major stationary source or 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 those requirements. 

(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 as otherwise 

provided in Section 1 of 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 

monitoring for ozone. 

(4) The requirements of Sections 9 to 17 of this regulation shall not apply to a 

particular major stationary source or major modification if: 

(a) The owner 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 modification would occur at such 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 following areas shall be Class I areas and 

may not be redesignated: 

(a) International parks; 

(b) National wilderness areas and national memorial parks which exceed 5,000 

acres in size; and 

(c) National parks which exceed 6,000 acres in size. 

(2) Any other area, unless otherwise specified in the legislation creating such 

an area, is designated Class I1 but may be redesignated as provided in 40 CFR 51.24(g). 

(3) The provisions of this regulation relating to visibility protection shall apply 

4 only to sources which may impact a mandatory Class I federal area. 

Section 6. Exclusions from Increment Consumption. (1) The cabinet may, after 

notice and opportunity for at least one (1) public hearing to be held in accordance with 

procedures established in 401 KAR 50:035, exclude the following concentrations in 

determining compliance with a maximum allowable increase: 

(a) Concentrations attributable to the increase in emissions from stationary 

sources which have been 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 date of 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 effective date of 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 revisions approved by the Administrator of the U.S. EPA. 

(2) No exclusion of such concentrations shall apply more than five (5) years 

after the effective date of the order to which 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 after the later of such effective dates. 

(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 following provisions: 

(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 a longer time is approved by the U.S. EPA; 

(b) That the time period for excluding certain contributions in accordance with 

paragraph (a) of this subsection is not renewable; 
calculating the potential to emit of the stationary source or modification and the 

source does not belong to any of the following categories: 

Coal cleaning plants (with thermal dryers); 

Kraft pulp mills; 

Portland cement plants; 

Primar zinc smelters; 

Iron and steel mills; 

Primary aluminum ore reduction 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; 

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 - 

BTUs per hour heat input; 

22. Petroleum storage and transfer units with a total storage capacity 

exceeding 300,CiOO barrels; 

23. Taconite ore processing plants; 

24. Glass fiber processing plants; 

25. Charcoal production plants; 

26. Fossil fuel-fired steam electric plants of more than 250 million BTUs per 

hour heat input; or 

27. Any other stationary source category which, as of August 7, 1980, is being 

regulated under Title 401, 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 to relocate the source and emissions of the 

source at the new location would be temporary; 

2. The emissions from the source would not exceed its allowable emissions; 

3. The emissions from the source would impact no Class I area and no area 

where an applicable increment is known to be 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 of Sections 9 to 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, 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 

emissions increase 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, 12 and 14 of this 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 existence on 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 

technology would be less 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 

emissions increase of the pollutant from the modification would cause, in any area, air 

quality impacts less than the amounts given in Appendix C to this regulation; or 

(b) The concentrations of the pollutant in the area that the source or 

modification would affect are less than the concentrations listed in Appendix C to this 

regulation, or the pollutant is not listed in Appendix C to this regulation. 

Section 9. Control Technology Review. (1) A major stationary source or major 

modification shall meet each applicable emissions limitation under Title 40 1, Chapters 

50 to 63 and eacb applicable emission standard and standard of performance pursuant 

to 40 CFR 60 and 61. 

(2) A new major stationary source shall apply best available control technology 

for each pollutant subject to regulation under the Clean Air Act that it would have the 

potential to emit in significant amounts. 

(3) A major modification shall apply best 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 

as a result of a physical change or change in the method of operation 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 (including secondary emissions), would not cause or contribute 

to air pollution in violation of: 

(1) Any national ambient air quality standard in any air quality control region; 

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 Quality Models," 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 Quality Models," filed by reference in 401 KAR 

50:015, should be used to determine the comparability of air quality models. 

Section 12. Air Quality Analysis. (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 of the following pollutants: 

1. For the source, each pollutant that it would have the potential to emit in a 

significant amount as defined in Section 2(23) of this 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 necessary to assess ambient air quality for that pollutant in 

any area that the 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 

allowable increase. 

(d) In general, the continuous air quality monitoring data that are 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 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 organic compounds who satisfies all conditions of 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 are having, 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, 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 all information necessary to perform any analysis or make 

any determination required under this regulation. 

(1) With respect to a major source or major modification to which Sections 9, 

11, 13 and 15 of this regulation apply, such information shall include: 

(a) A description of the nature, location, design capacity, and typical 

operating schedule of the source or modification, including specifications and drawings 

showing its design and plant layout; 

(b) A detailed schedule for construction of the source or modification; 

(c) A detailed description as to what system of continuous emission 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 

meteorological and topographical data necessary to estimate such 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 Analysis. (1) The owner or operator shall provide 

an analysis of the impairment to visibility, 'soils and vegetation-that would occur as a 

result of the source or 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 source or modification. 

(3) Visibility monitoring. The cabinet may require monitoring of visibility in 

any Class I area impacted by the proposed new stationary source or major modification 

using human observations, teleradiometers, photographic cameras, nephelometers, fine 

particulate monitors, or other appropriate methods as specified by the U.S. EPA. The 

method 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 from any visibility monitoring shall be made 

available to the cabinet, U.S. EPA and the federal land manager, upon request. 

Section 15. Sources Impacting Class I Areas; Additional Requirements. (1)Notice 

to U.S. EPA and federal land managers. The cabinet shall provide 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 federal official charged with direct responsibility 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 to the permit application and shall be given within thirty (30) days of receipt 

and at least 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 Class I area. The cabinet shall also provide the 

federal land 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 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 

modification will have 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 analysis does 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 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 shall not issue the permit. 

(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 to concentrations which 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 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 specified in 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 

Governor of the 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 quality related 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 public 
hearing, grant a variance from 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 (8) of this section, provided that the applicable 

requirements of this regulation are otherwise 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 recommendations of 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 

applicable requirements of this regulation are otherwise met. 

(8) Emission limitations 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 emission limitations as may be necessary to assure 

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 as specified in Appendix E of this regulation 

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, during any annual period. 

Section 16. Public Participation. The cabinet shall follow the applicable 

procedures of 401 KAR 50:035 in processing applications under this regulation. 

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 

approval hereunder, 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 is justified. 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 elghteen (18) 

months of the projected and approved commencement date. 

(3) Approval to construct shall not relieve any owner or operator of the 

responsibility to comply fully with applicable provisions of Title 401, Chapters 50 to 63 

and any other requirements under local, state, or federal law. 

(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 otherwise to emit a pollutant, such as a restriction on hours 

of operation, then the requirements of Sections 9 to 18 of this regulation shall apply to 

the source or modification as though construction had not yet commenced on the 

source or modification. 
proposed source or 

might necessitate 

to the National 

Section 18. Environmental Impact 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 

writing to approve a system of innovative control technology. 

(2) The cabinet shall, with the consent of the governor(s) of other affected 

state(s), determine that the source or modification may employ a system of innovative 

control technology if: 

(a) The proposed control system would not cause or contribute to an 

unreasonable risk to public health, welfare, or safety in its operation or function; 

(b) The owner or operator agrees to achieve a level of continuous emissions 

reduction equivalent to that which would have been required under Section 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 startup or seven (7) years from permit 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 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 

quality standard; 

2. Impact any Class I 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 

have been 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 

continuous emissions reduction rate; 

(b) The proposed system fails before the specified date so as to contribute to 

an unreasonable risk 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 

of control. 

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 

applicable conditions. 

(2) The cabinet shall rescind a permit condition if so requested if the applicant 

can demonstrate to the satisfaction of the cabinet that this regulation would not apply 

to the source or modification or a portion thereof. 

Effective Date: February 4, 1986 
APPENDIX A TO 401 KAR 51:017 

Significant Net Emissions Rates 

POLLUTANT EMISSIONS RATE 

Carbon monoxide 100 tons per year (TPY) 

Nitrogen oxides 40 tPY 

Sulfur dioxide 40 tPY 

Particulate matter 25 tPY 

Ozone 40 tpy of volatile organic compounds 

Lead 

Asbestos 

0.6 tpy 

0.007 tpy 

Beryllium 0.0004 tpy 

Mercury 0.1 tpy 

Vinyl chloride 1 tPY 

Fluor ides 3 tPY 

Sulfuric acid mist 7 tPY 

Hydrogen sulfide (H 2 S) 10 tPY 

Total reduced sulfur 

(including H 2 S) 

Reduced sulfur compounds 

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

Ambient Air Increments 

Maximum Allowable Increase 

POLLUTANT (Micrograms per cubic meter) 

Class I 

Particulate Matter: 

Annual geometric mean 

24hour maximum 

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 9 1 

3-hour maximum 512 
APPENDIX C TO 401 KAR 51:017 

Significant Air Quality Impact - 

POLLUTANT AIR QUALITY LEVEL AVERAGING TIME 

Carbon monoxide 575 ~g/m 8-hour average 

Nitrogen dioxide 14 Fg/m annual average 

Total suspended particulate 10 %/m ' 24-hour average 

Sulfur dioxide 13 ~g/m '24-hour average 

Ozone No de minimis air quality level is provided for ozone. 

However, any net increase of 100 tons per year or more of 

volatile organic compounds subject to this regulation 

would be required to perform an ambient impact analysis 

including the gathering of ambient air quality 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 

Fluor ides 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 Class I Variances 

Maximum Allowable Increase 

(micrograms per cubic meter) 

Particulate Matter: 

Annual geometric mean 

24hour maximum 

Sulfur Dioxide: 

Annual arithmetic mean 

24hour maximum 

3hour maximum 
APPENDIX E TO 401 KAR 51:017 

Ambient Air Increments for Presidential 

or Gubernatorial SO 2 Variances 

Maximum Allowable Increase 

(Micrograms per cubic meter) 

Terrain areas 

Period of Exwsure Low High 

24-hour maximum 

3-hour maximum 

STATE IMPLEMENTATION PLAN 

aEVISION 

FOR TEE 

PROTECTION OF YLSIBIUTY 

for the 

COMMONWEALTH OF KENTUCKY 

pursuant to 

40 CFR 51, Subgart P 

February, 1986 

Natural Resources aJld Environmental Protection Cabinet 

Department for Environmental Protection 

DIVISION OF AIR POLLUTION CONTROL 

FORT BOONE PLAZA 

18 REILLY ROAD 

FRANKFORT, gENTUCKY 10601 

FOREWORD 

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 comments on this plan, and proposed revisions to 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 States Environmental Protection Agency, Region IV, Atlanta, 

Georgia, the National Park Service in Denver, Colorado, and the Superintendent of the 

Mammoth Cave National Park, Kentucky, in order to receive 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 office located at 

Fort Boone Plaza, 18 Reilly Road, Frankfort, Kentucky 4060 1. 

TABLE OF CONTENTS 

PAGE 

1. Necessity for Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 

2. Consultation with Federal Land Manager . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 

(a) Plan Development.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 

(b) New Source Review . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 

3. Permit Review ... . ... .. ... .... ... . ... ... . . .... ..... .. . . . . . . 3 

4. Visibility Monitoring Strategy.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 

5. Periodic Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 

Appendix A - Correspondence 

Appendix B - Sample Visibility Data 

1. 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 

sulfur dioxide. 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 scattering light than the same mass of coarse aerosols (greater 

than 1.0 w). Therefore, it is necessary for states to revise their plans to 

address visibility protection and to include provisions for reviewing sources 

of particulate matter, nitrogen oxides and particulate matter which may 

impact Class I areas to determine if any visibility impairment would occur. 

(b) Federal Requirements 

The federal regulations in 40 CFR 51, Subpart P require 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 analysis required for new sources under 40 CFR 51.24. 

The states required to submit such a program are those 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 impairment of visibility in any such area. 

Mammoth Cave National Park is the only site in Kentucky that is identified 

as a mandatory Class I 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 provisions of 40 CFR 51, Subpart P. 

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 

visibility provisions as.promulgated in the Federal ~e~ister of July 12, 1985 

(50 FR 28550). 

2. Consultation with Federal 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 Service has not 

identified any integral vistas or visibility impairment for the Mammoth 

Cave National Park nor has the National ParK Service performed any 

visibility monitoring in Mammoth Cave National Park. If the National Park 

Service does identify any 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 impairments and the presence of the regional haze 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 to determine the feasibility of installing visibility monitoring 

equipment. 

For the Class I area in Missouri (Mingo Wilderness), 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 

Class I area. 

(b) New Source 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 

this plan. 

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 

Class I 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 

exceptions to the 100 km 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 

the determination of completion for an application. 

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

as determined 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 shall include the source's impact on visibility. 

The Division may perform additional analyses of the source's visibility impact, 

using methods provided by the United States Environmental Protection 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 to the public, upon request. 

4. Visibility Monitorbq Strategy 

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 

impairment that 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. Personnel at Mammoth Cave National Park, in its 

responses to a questionnaire from the National Park Service, indicated that there 

is uniform haze at certain 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 southwest of 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 to provide background data and to determine if there 

are any 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. Periodic Review 

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 

Protection Agency, or any new visibility data that are available. 

APPENDIX A 

CwrapDodence with the Fed- M Manege; 

National Parlr Service end 

Mammoth Cave National Park 

Mr. John Christiano, Cmrdinator 

Denver Air Quality Field 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 recommendations on 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~llv Road, 

Frankfort, Kentucky 40601. We hereby mouest that the National Park Service ident ifv 

anv integral vistas and visibility impairment occurring in Me m 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's VisibWtp Plan. 

We a+c looking forward to working with you on this Plan and other aspects 

of the visibility ptogram. 

Sincerelv, 

cc: Prank Pridemore, Superin tendent 

Mammoth Cave National Park 

Roger B. rHcCann/Hisham M. Sa'aid 

C~MO~TH oc KENTUCKY 

NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABIN^ 

DEPARTMENT FORENVIRONMEMAL PROTECTION 

Fear BOONE Pm 

18 REIUY ROAD 

FRANKFORT. KENTUCKY 4060 i 

Mr. John Chris tho, Coordine tor 

Denver Air Quality Field Units 

National Park Service 

P. 0. Box 25287 

Denver, Colorado 80225 

Duu Mr. Christiano: 

This is to inform you that the Commonwealth of Kentucky has submitted to 

the U.S. Environmental Rotection Agency a draft revision to its State Implementation 

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) as submitted 

to EPA arc enclosed for your review and wrnments. 

A public bearing to receive comments on this draft SIP revision and 

proposed regulatory amendments has 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 States Department of the Interior 

NATIONAL PARK SERVICE 

SOUTHEAST REGIONAL omcE 

RECEIVED 

Division of lCir Pollution Control 

Fort Boone Plaza PRoGRAM OEVELOPMENT 

18 Reilly Road 

Frankfort, Kentucky 40601 

Dear Ilr. Coakley: 

The Rational Puk Serviot (NPS) is responding to Xentuckygs &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 prk protection. 

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 State0s rubrittal 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) to provide data for analyzing long-term 

visibility trends, and 2) to help det~dne the 8ource(s) of any 

bpairmtnt that my be 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 mtifiutim to 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 nu or Mfied .ocucu that ny 

effect rimibillty in class I -as. th abo vest 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 

+him opportunity 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.a cm 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 pbUc reriw 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 to rhethu a nu .ouror my rewlt in an 

adverse hpct @or to the Strte*s proped &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 md Wildlife ma (-1 cont.ct.8 for all class 1 u6.s 

cdrlni8tmred by theme awcies. lW.8 docrrvnt ahad k 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 to a continued cooprrative rrlatfonahip with the Gtatc on 

Patter8 related to protection of park unit remctrces. 

Regional Director 

Southcart Rtgia 

united States Department of 

NATIONAL PARK SERVICE 

SOUTHEAST REGIONAL 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 in Federal Clarr I arear, We are prorid- 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 rirtm and rearonably attributable riribility impairment. It is 

true tbat tht IPS bar not identified integral rirtar for lrnm~th Cave 1I[P 

nor hve we identified my specific plum or layered hate impacts in the 

park that could be reasonably attributed to any rpecific rource(r). 

Secondly, bared on IlPS riribilitp research 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 Hamtb Cave 1CP recently completed indicating that tbt area 

is experiencing uniform bate impact8 at certain timer of the year. In 

every loath here the EPS h.8 conducted riribility mnitoring, the &ta 

have documented rou degree of impairment due to unlvde pollution. We 

have found througb our rerearch program tbat rulfate aerorolr resulting 

prbrily from anthropogenic mlfur emisrionr predominate as the =st 

kportant component of this tiribility reducing haze, erpecially in tbe 

tarterm United Stater, 'Ar the Federal md State riribility proteetior 

programs progrerc to the point of addressing regional hze control 

rtrategier, it ir our bope tbat a representative visibility data bare vill 

be developed for the park and rurrouoding area, 

Ileare keep or iniorvd of any future actiritier relatd to your riribilit J 

program. We will be happy to mrirt tbt State in my my we cur. 

COMMOWVULWI OF KENTUCKY 

NATVRAL RESOURCES AND ENVIRONMEKTAL PROTECTION CABINET 

DEPARTMENT FOR ENVIRONMENTAL PROTECT ION 

Fan? BOONE PWZA 

18 REIUY ROAD 

FRANKFORT, KENTUCKY 4060 1 

November 26, 1985 

Mr. Robert Baker, Regional Director 

Southeast Region 

National Park Service 

United States Department of the Interior 

75 Sprhg Street, 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% 

State Irngementation 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 source review in nonattainment ueas. Each of your comments 

ud the Divisionb resporue ue itemized Mow. 

The suggested changes wncerning the expansion of objectives of the monitoring 

strategy wae made. 

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 ue confdential, 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 determining a 8ource1s possible impact on visibility 

md otber air quality related values in any mass I area, within the time constraints of 

federal and stnte regula ti- 

Mr. RoWt Baker 

Page 2 

Rovember 26, 1985 

The Divkion has changed other portiorts 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 any long-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 comments of September 3, 1985, on regional haze, integnd vistas, and 

existing vhibility 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 of air quality (401 KAR 51.917) md review of new sources in 

or impacting upon non-attainment areas (401 KAR 518521, and proposed revisions to 

the State Implementation Plan fa the protection of visibility. The public hearing will 

be conducted December 30, 1985. Copies of the hearirrg notice, proposed regulations 

and proposed revision to the SUte lm@ernentation Plan ue enclosed for your review 

and comments. 

If you have my questions a comments regarding this 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. Coakley 

 COMMONWEAL^ of KENTWCUY 

NATURAL RESOURCES AND ENVIRONMEKTAL PROTECTION CABINDEPARTMENT FOR ENVIRONMENTAL PROTECTION 

FORT BOONE PLAZA 

1 8 REILLY ROAD 

FRANKFORT, KENTUO~Y 4060 1 

Mr. John Christiano, Coordinator 

Denver Air Quality Field Units 

National Park Service 

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 provisions rating to the protection of visibility. Pursuant to the public notification 

procedures of 40 CFR 51.4, thk letter rrlso serves to notify you that a public hearing 

to receive comments on the endofed documents is scheduled for December 30, 1985. 

A copy of the public hearing notice is enclo6ed. 

h response to Amments made by Mr. Bobat Baker of the National Park 

Service Ibd the United States Environmental Protection Agency, earlier draft copies 

of the pdan and regulation revisions have ban revised. Enclosed for your information 

is a copy of the Divisiont response to the comments submitted by Mr. Baker. 

If you have my comments a qucrtions regarding 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, 

Division of Air Pollution Control 

RBM/MH/tkf 

Enclcsures 

cc: William S, Coakley 

COMM~LAL~ OF KENTUCKY 

NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINDEPARTMENT FOR ENVIRONMENTAL PROTECTION 

FOCIT BDONE PLUA 

18 REIUV ROAD 

FR~~NKFOAT. KENTUCKY 4060 1 

Uay 14, 1985 

Mr. Frank Ridemore 

Mammoth Cave National Park 

Mammoth Cave, Kentucky 42259 

Dear Mr. Ridemore: 

This is to inform you that the Commonwealth of Kentucky has submitted to 

the U.S. Environmental Protection Agency r draft revision 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 source review in non-attainment ueas (101 KAR 51:052) ss submitted 

to EPA are encloscd for your review urd comments. 

A pllblic hearing to receive comments on this draft SIP revision end 

proposed rtguletory amendments has been tentatively scheduled for July SO, 1985. We 

will notify you when the public bearing is formally announced pursuant 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&io of Air Pollution Control 2 

RBM ltkf 

Enclosures 

COMMONWWTH OF KENTUCKY 

NATURAL RESOURCES AND ENVIRWMEKTAL ~OTEC~ON CABINET 

DEPARTMENT FOR ENV~RONMENTAL PROTECTION 

FORT BOONE PLAZA 

1 8 REIUY ROAD 

FRANKFO~. KENTUCKY 4060 1 

November 26, 1985 

Mr. Prank Pridemore, Superintendent 

Mammoth Cave National Park 

Mammoth Cave, Kentucky 42259 

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 .Iso serves to noti@ you that a public hearing 

to receive comments on the enclosed documents b scbedulsd for December 30, 1985. 

A copy of the public hawing notice k encloeed 

In rcsporrse to comments made by Mr. Bobat Baker of the National Park 

&mice and the United Shtss Envkonmental Protection Agency, earlier draft copies 

of the plan and regulation revisions have been revised. Enclosed for your information 

L a copy of the Division's response to the comments submitted 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, Kentucky 40601, (502) 564-3382. 

Sincerely, 

RBM/MH/tk f 

Enclosures 

cc: William S. CoaMey 

APPENDIX B 

SAMPLE VBlBILfIY DATA 

?his data is obtained from the Bowling Green-Warren County Airport in Bowling 

Green, Kentucky. 





-)orrr an Ir, ncwdhu 

*vm urn. Yr omr Urncorn am: 

CU Our: Lw m8n 8.1 * wr. 

UT assewma: 1.1 r 8.5 .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 AMON WUTHER FORECASTS . . . . WCf r mom- - by FM on MAVAID uau ch8n nor .nrn pibta d pakmtally huardorn umer SIGYR -a - ..W1. Brd Wrwn ondltcora d bnpottbnm 0 a11 8trcmR fi a =IM 

md dwbtoms/unb.tom) Convatwe stcum rc br -ma by (h. Sowre Storms Fow Mer at 

%L br Ih minous Ub AtRYm eonurn tom unn mromay b hrdou W Uma ~km* of to d8tmly -rmod 

wms 

mnm uro rrvrarnntr u#r m mrutn 12-h0~- 

M. of rlnd &M~on (rwamst U' h# N) and sped Bnu~ kr 

ulutd ctrm hdu temprrturr alott (*a em Mud& (a J1 bn mo Wntoor w. 

DUYCLCS or WNM AND ~PERA~RES AL~ m) mnwn 

r0 mc r2ms 

WED On 1215dOT DATA 

VAUD fOR USE 1-002 TEMPS -6 MV 2- 

n 

sao OQ) lomwoo~rooo~~u

DQS 

U.S. O~PARTME~ OF COMM~E- rurtota ocuntc AND Anmsutnrc rournisruno* - nmowr mrno 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 AND ENVIRONMENTAL PROTECTION CABINET 

Department for Environmental Protection 

Division of Air Pollution 

(Amended After Hearing) 

RELATES TO: KRS [Chapter] 224.32OZ 224.330 and 224.340 

PURSUANT TO: 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 of air pollution. This regulation provides for the prevention of 

significant deterioration of ambient air quality. 

Section 1. Applicability. The provisions of this regulation are applicable to any 

major stationary source or any major modification which: 

(1) Commenced construction after September 22, 1982 [the effective date of 

this regulation] ; 

(2) Emits any pollutant regulated by the Clean Air 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 

401 KAR 51:OlOI . Area designations are contained in 40 CFR 81.318. 

Section 2. Definitions. As used in this regulation all terms not defined herein 

shall have the meaning given them in 40 1 KAR 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 at a stationary source not otherwise 

qualifying under this subsection as a major stationary source, if the changes would 

constitute a major stationary source by themselves. 

(d) A major stationary source that is major for volatile organic compounds 

shall be considered major for ozone. 

(2) "Major modificationn means any physical change in or change in the method 

of operation of a major stationary source that would result in a significant net 

emissions increase of any pollutant subject to regulation under the Clean Air Act. 

(a) Any net emissions increase that is significant for volatile organic 

compounds shall be significant for ozone. 

(b) A physical change or change in the method of operation shall not include: 

1. Routine maintenance, repair and replacement; 

2. Use of alternative fuel or raw material by reason of an order or by reason 

of a natural gas curtailment plan in effect under a federal act; 

3. Use of an alternative fuel at a steam generating unit to the extent that the 

fuel is generated fr om municipal solid waste; 

4. Use of an alternative fuel or raw material by a stationary source which: 

a. The source was capable of accommodating before January 6, 1975, unless 

such change would be prohibited under any permit condition which was established 

after January 6, 1975; or 

b. The source is approved to use under any permit issued under this 

regulation[, previously adopted regulations 401 KAR 51:015 and 401 KAR 51:016E,l or 

under 40 CFR 52.21; 

5. An increase in the hours of operation or in the production rate, 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 change in ownership at a stationary source. 

(3) "Net emission increase" means the amount by which the sum of paragraphs 

(a) and (b) of this subsection exceeds zero: 

(a) Any increase in actual emissions from a particular physical change or 

change in method of operation at a stationary source; and 

(b) Any other increases and decreases in actual emissions at the source that 

are contemporaneous with the particular change and are otherwise creditable. 

(c) An increase or decrease in actual emissions is contemporaneous with 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 be fore 

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 the particular change occurs. 

(e) An increase or decrease in actual emissions of sulfur dioxide or 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 emissions is creditable only to the extent that: 

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

whichever is lower, exceeds the new level of actual emissions; 

2. It is state and federally enforceable at and after the time that actual 

construction on the particular change begins; and 

3. It has approximately the 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 after a reasonable shakedown period, not to exceed 180 days. 

(4) "Potential to emitn means 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 installationn means all of the pollutant 

emitting activities which belong to the same industrial grouping, are located 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 1977 supplement. 

(7) nEmission unitt1 means any part of a stationary source which emits or would 

have the potential to emit any pollutant subject to regulation under the Clean Air Act. 

(8) nConstructionv means any physical change or change in the method of - 

operation (including fabricat ion, erection, installation, demolition, or modification of 

an emissions unit) which would result in a change in actual emissions. 

(9) nCommencell as applied to construction of a major stationary source or 

major modification means that the owner or operator has all necessary preconstruction 

approvals or permits and either has: 

(a) Begun, or caused to begin, a continuous program of actual onsite 

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

(b) Entered into Rgreements 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) nNecessary preconstruction approvals or permitsw means those permits or 

approvals required under regulati6ns of Title 401, Chapters 50 to 63 and federal air 

quality control laws and regulations. 

(11) Vegin actual constructionw means, 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 to those 

on-site activities 

change. 

(12) Vest 

other than the preparatory activities which mark the initiation of the 

available control technologyn means an emissions limitation 

(including a 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 product ion 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 application of best available 

control technology result in emissions of any pollutant which would exceed the 

emissions allowed by any applicable standard under Title 401, 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, to the degree possible, 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 equivalent results. 

(13) "Baseline conccn tra tion" 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 date is established 

and shall include: 

(a) The actual emissions representative of sources in existence on the 

applicable baseline date, except as provided in paragraph (c) of this 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 

affect the applicable maximum allowable increase(s): 

1. Actual emissions from any major stationary source on which construction 

commenced after January 6, 1975; and 

2. Actual emissions increases and decreases at any stationary source 

occurring after 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 state prevention of significant 

deterioration regulations. The baseline date is established for each pollutant for which 

increments or other equivalent measures have been established if: 

(a) The area in which the proposed source or modification would construct is 

designated as attainment or unclassifiable ursuant to Section 107(dXlXD) or (E) of the 

Clean Air Act [under 101 KAR 51:010] 8r the 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 of the pollutant. 

(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 (annual average) 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 source or major modification which: 

(a) Establishes a baseline date; or 

(b) Is subject to this regulation and would be constructed in the 

Commonwealth of 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 

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 59s 

40 CFR 60 and 61; 

(b) The applicable state and federally approved regulatory emissions 

limitation, including those with a future compliance date; or 

(c) The emissions rate specified as a state and federally [an] enforceable 

permit condition, including those with a future compliance date. 

(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 to Title 401, Chapters 50 to 631 . (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, secondary emissions - 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 a vessel. 

(19) "Innovative control technologyn means any system of air pollution contr~l 

that has not been adequately demonstrated in practice, but would have a substantial 

likelihood of achieving pester continuous emissions reduction than any control systen: 

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 reasonably pass 

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

(21) (a) "Actual emission^'^ means the actual rate of emissions of a pollutant 

&om an 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, at which 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 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 equivalent to the actual emissions of the unit. 

(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) "Completew means, in reference to an application for a permit, that the 

application contains all of the in for mation necessary for processing the 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 of the 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 to this regulation, any emissions rate. 

(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) kilometers of a Class I area, and have an impact on such area 

equal to or 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 

the base of the stack of a source. 

(26) "Low terrainn means any area other than high terrain. - 

- (27) "Adverse impact on visibility" means 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 of visibility impairment, and how these factors correlate with the times of visitor 

use of the Class I area, and the frequency and timing of natural conditions that reduce 

visibils 

28 "State Implementation Planw means 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 to be 

an impor tan t value, 

(30) "Naturaf condi t iomn means those naturally occur?' enomena that 

reduce3ib%ty as measured in tams of visual mrge, contrast, w?d%tion 

(31) Visibility impairmentn means any humanl ceptiMe change in visibilit 

(vbdi6nge, contrast, coloration) from that which :oZ have existed under naturf 

conditions. 

Section 3. Ambient Air Increments. In areas designated as Class I 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 at any one (1) location. 

Section 4. Ambient Air Ceilings. No concentration of a pollutant specified in 

Section 1 of this 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 areas shall be C=laas I areas and 

may not be redesignate& 

(a) Int erna tionill Si 

- National wildz- areas and national memorial pr*s which exceed 5,000 

acres in size; and 

C) National which exceed 6,000 acres in size. 

a In KentucrMammoth Cave National Park $ the only [shall be a] Class I 

areal 

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

creating such an area, is designated Class II but mav be redesignated as provided in 40 

CFR 51.21(n). - 

(3) The provisions'of this tion relating to visibili 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 wEre visibility is an important value as listed in 40 CFR 81, Subpart D.1 

Section 6. Exclusions from Increment Consumption. (1) The cabinet may, after 

notice and opportunity for at least one (1) public hearing to be held in accordance with 

procedures established in 40 1 KAR 50:035, exclude the following concentrations in 

determining compliance with a maximum allowable increase: 

(a) Concentrations attributable to the increase in emissions from stationary 

sources which have been 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 date of 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 date of 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 revisions approved by the Administrator of the U.S. EPA. 

(2) No exclusion of such concentrations shall apply more than five (5) years 

after the effective date of 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) years after the later of such effective dates. 

(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 exceed two (2) years in duration 

unless a longer time is approved by the U.S. EPA; 

(b) That the time periwl for excluding certain contributions in accordance -with 

paragraph (a) of this subsection is 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 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 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 

Applicability and Exemptions. (1) No major stationary source or 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 those requirements. 

(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 as otherwise 

provided in Section 1 of 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 [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 

conduct post-approval monitoring for ozone. 

(4) The requirements of Sections 9 to 17 of this regulation shall not apply to a 

particular major stationary source or major modification if: 

(a) The owner or operator: 

1. Obtained a federal, state or local preconstruction approval effective 

before September 22, 1982 [the effective date of this regulation] ; 

2. Commenced construction before September 22, 1982 [the effective 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 

source does not belong to any of the following categories: 

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. Lime plants; 

12. Phosphate rock processing plants; 

13. Coke oven batteries; . 14. Sulfur recovery plants; 

15. Carbon black plants (furnace process); 

16. Primary lead smelters; 

17. Fuel conversion plants; 

18. Sintering plants; 

19. Secondary metal production plants; 

20. Chemical process plants; 

21. 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 300,000 barrels; 

23. Taconite ore processing plants; 

24. Glass fiber processing plants; 

25. Charcoal production plants; 

26. Fossil fuel-fired steam electric plants of more than 250 million BTUs per 

hour heat input; or 

27. Any other stationary source category which, as of August 7, 1980, is being 

regulated under Title 401, 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 to relocate the source and emissions of the 

source at the new location would be temporary; 

2. The emissions from the source would not exceed its allowable 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. 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 of Sections 9 to 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 ursuant to Section 

107 (dXlXA), (B) or (C) of the Clean Air Act [under 401 KAR 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 

emissions increase 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, 12 and 14 of this regulation as they 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 existence on 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 

technology would be less 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 

emissions increase of the pollutant from the modification would cause, in any area, air 

quality impacts less than the amounts given in Appendix C to this regulation; or 

(b) The concentrations of the pollutant in the area that the source or 

modification would affect are less than the concentrations listed in Appendix C to this - 

regulation, or the pollutant is not listed in Appendix C to this regulation. 

Section 9. Control Technology Review. (1) A major stationary source or major 

modification shall meet each amlicable emissions limitation under Title 401, Chapters 

50 to 63 and each applicable erikion standard and standard of performance pursuant 

to 40 CFR~O and 61. 

(2) A new major stationary source shall apply best available control technology 

for each pollutant subject to regulation under the Clean Air Act that it would have the 

potential to emit in significant amounts. 

(3) A major modification shall apply best 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 

as a result of a physical change or change in the method of operation 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 (including secondary emissions), would not cause or contribute 

to air pollution in violation of: 

(1) Any national ambient air quality standard in any air quality control region; 

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 Quality Models," 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, should be used to determine the comparability of air quality models. 

Section 12. Air Quality Analysis. (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 of the following pollutants: 

1. For the source, each pollutant that it would have the potential to emit in a 

significant amount as defined in Section 2(23) of this 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 in any 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 

allowable increase. 

(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 

at least that shorter period. 

(e) The owner or operator of a proposed stationary source or modification of 

volatile organic compounds who satisfies all conditions of 40 1 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 are having, 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, 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 all information necessary to perform any analysis or make 

any determination required under this regulation. 

(1) With respect to a major source or major modification to which Sections 9, 

11, 13 and 15 of this regulation apply, such information shall include: 

(a) A description of the nature, location, design capacity, and typical 

operating schedule of the source or modification, including specifications and drawings 

showing its design and plant layout; 

(b) A detailed schedule for construction of the source or modification; 

(c) A detailed description as to what system of continuous emission 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 

in for mat ion on: 

(a) The air quality impact of the source or modification, including - 

meteorological and topographical data necessary to estimate such 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 source or 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 mowth associated with the source or modification. 

6) Visibility monitoring. The cabinet may require monitoring of visibility in 

any ~1Xs I area impacted Sy the proposed new stationary source or 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 of any permit application for a proposed major stationary 

source or major modification the emissions from which may- [would] affect a 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 shall be given within thirty (30) days of receipt and at least 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 

bass I area. ?he cabinet shall also provide the federal land 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 perm it 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) 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 analysis does 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 (including visibility) 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 shall not 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 (including visibility), notwithstanding that the change in air 

quality resulting from ernisions from such source or modification would cause or 

contribute to concentrations which 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 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 specified in Appendix D to this regulation. 

- (6)[(5)1 Sulfur dioxide variance by governor with federal land manager's 

concurrence. me owner 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 the Commonwealth of ~exucky that the source-cannot be 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 variance under this clause would not adversely affect 

the air quality related 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 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 

are otherwise met. 

(7)[(6)1 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 recommendations of 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 (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 amay 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 

increases are exceeded) cause or contribute to concentrations which would exceed the 

maximum allowable increases over the baseline concentration as specified in Appendix 

E of this regulation 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 elmteen (18) 

days, not necessarily consecutive, during any annual period. 

Section 16. Public Participation. The cabinet shall follow the applicable 

procedures of 40 1 KAR 50:035 in processing applications under this regulation. 

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 receiving approval hereunder, 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 is justified. 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 commencement date. 

(3) Approval to construct shall not relieve any owner or operator of the 

responsibility to comply fully with applicable provisions of Title 401, Chapters 50 to 63 

and any other requirements under local, state, or federal law. 

(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 otherwise to emit a pollutant, such as a restriction on hours 

of operation, then the requirements of Sections 9 to 18 of this regulation shall apply to 

the source or modification as though construction had not yet commenced on the 

source or modification. 

Section 18. Environmental Impact Statements. Whenever any proposed source or 

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 

writing to approve a system of innovative 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 

unreasonable risk to public health, welfare, or safety in its operation or fbnction; 

(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 startup or seven (7) years &om permit 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 stationary source 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 

have been 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 

continuous em issions reduct ion rate; 

(b) The proposed system fails before the specified date so as to contribute to 

an unreasonable risk 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 

of control. 

Section 20. Permit Condition Rescission. (1) Any owner or operator holding a 

per mit 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 

applicable conditions. 

(2) The cabinet shall rescind a permit condition if so requested if the applicant 

can demonstrate to the satisfaction of the cabinet that this regulation - would [does] 

not apply to the source or modification or a portion thereof. 

Adopted: 

Approved as to 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 Resources and Environmental 

Protection Cabinet 

APPENDIX A TO 401 KAR 51:017 

Significant Net Emissions 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 2 S) 

Total reduced sulfur 

(including ii 2 S) 

Reduced sulfur compounds 

(including H 2 S) 

40 tPY 

25 tPY 

40 tpy of volatile organic compounds 

0.6 tpy 

0.007 tpy 

0.0004 tpy 

0.1 tpy 

APPENDLX 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 arithmetic mean 

24-hour maximum 

%hour maximum 

Class II 

Particulate Matter: 

Annual geometric mean 

24-hour maximum 

Sulfur Dioxide: 

Annual arithmetic mean 

24-hour maximum 

+hour maximum 

APPENDIX C TO 401 KAR 51:017 

Significant Air Quality Impact 

POLLUTANT AIR QUALITY LEVEL AVERAGING TIME 

Carbon monoxide 575 ~/m' 8-bour average 

Nitrogen dioxide 14 rg/m' annual average 

Total suspended particulate 10 s/m ' 24-hour average 

Sulfur dioxide 13 @/m' 24-hour average 

Ozone No de minimis air quality level is provided for ozone. 

However, any net increase of 100 tons per year or more of 

volatile organic compounds subject to this regulation 

would be required to perform an ambient impact analysis 

including the gathering of ambient air quality data. 

Lead 0.1 a/m ' 2ehour average 

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 

Ambient Air Increments 

for Class I Variances 

Maximum Allowable Increase 

(micro~rams per cubic meter) 

Particulate Matter: 

Annual geometric mean 

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 per cubic meter) 

Terrain areas 

Period of Exposure Low High 

24-hour maximum 

3-hour maximum