REGULATORY IMPACT ANALYSIS 

AND TIERING STATEMENT 

Administrative Regulation #: 401 KAR 51:001 

Contact person: Laura Lund, Environmental Technologist II 

(1) Provide a brief summary of: 

What this administrative regulation does: This administrative regulation 

defines the terms used in 401 KAR Chapter 51. 

The necessity of this administrative regulation: This administrative 

regulation provides clear and consistent definitions for terms used in 401 

KAR Chapter 51. 

How this administrative regulation conforms to the content of the 

authorizing statutes: The statutory authority for this regulation is given 

in KRS 224.10-100(5), which provides the cabinet the authority, power, 

and duty to prevent and control air pollution. KRS 224.10-lOO(26) 

requires the cabinet to issue regulations that are no more stringent than 

federal requirements. The definitions contained in this administrative 

regulation are not more stringent or otherwise different than the 

corresponding federal definitions. 

How this administrative regulation currently assists or will assist in 

the effective administration of the statutes: 

This administrative regulation assists the public and the regulated 

community by providing clear and consistent definitions for terms used in 

401 KAR Chapter 51. 

(2) If this is an amendment to an existing administrative regulation, provide a 

brief summary of: 

(a) How the amendment will change this existing administrative 

regulation: This amendment revises definitions to reflect amendments 

made to the New Source Review (NSR) program at the federal level. The 

Prevention of Significanf Deterioration and Title V Greenhouse Gas 

Tailoring Rule (Tailoring Rule), published as a final rule on June 3, 2010, 

amends and creates definitions that significantly impact the Prevention of 

Significant Deterioration (PSD) and Title V permitting programs. The 

amendments are to the definitions for "Regulated NSR pollutant", which 

includes greenhouse gases (GHGs) as a regulated NSR pollutant under 

the Clean Air Act; "Major source", which includes air pollutants subject to 

regulation; and the inclusion of a definition for "Subject to regulationn, 

which includes the greenhouse gas emission thresholds to trigger PSD 

and Title V permitting. 

(b) The necessity of the amendment to this administrative regulation: 

The definition amendments are necessary at the state level to ensure 

consistency between state and federal programs. The Tailoring Rule 

establishes January 2, 201 1, as the trigger date for GHGs to become 

regulated. If Kentucky's State Implementation Plan (SIP) is not revised by 
that date to include these requirements, the SIP will be found deficient, 

and the U.S. EPA will have authority to issue a Federal Implementation 

Plan (FIP). Serious consequences of a FIP include loss of PSD and Title 

V program approvals and loss of federal highway funds. EPA clearly 

states their intent inthe preamble to the final rule, "For any state that lacks 

the ability to issue PSD or Title V permits for GHG emissions sources 

consistent with the final rule, we [EPA] intend to undertake a separate 

action to call for revisions to these programs. We [EPA] also intend to 

move quickly to impose a FIP for PSD through 40 CFR 52.21, and use our 

federal Title V authority to ensure that GHG sources will be permitted 

consistent with the final rule." This amendment also clarifies that small 

businesses will not be regulated solely because of their greenhouse gas 

emissions by tailoring the threshold limits. 

(c) How the amendment conforms to the content of the authorizing 

statutes: KRS 224.10-lOO(26) requires the cabinet to issue regulations 

that are no more stringent than federal requirements. This amendment 

maintains consistency with corresponding federal definitions affecting 

Kentucky's PSD and Title V permitting programs. 

(d) How the amendment will assist in the effective administration of 

statutes: This amendment will provide clear and consistent definitions of 

terms used in 401 KAR Chapter 51 to prevent and control air pollution. 

List the type and number of individuals, businesses, organizations, or state 

and local governments affected by this administrative regulation: Any 

facility with the capacity to emit greenhouse gases at or above the thresholds 

specified in the GHG Tailoring Rule, which changes to 401 KAR 51:001 

incorporate, would be affected by the changes to this regulation. This includes 

PSD and Title V sources of greenhouse gas emissions but does not affect 

smaller emitters of greenhouse gases. EPA has estimated that without the 

Tailoring Rule there would be 82,000 permitting actions nationwide per year 

necessary to address greenhouse gas emissions, but with the implementation of 

the rule that number is reduced to 1,600 nationwide. The Division for Air Quality 

has estimated this regulation change to affect 30 - 40 permitting actions per year 

in Kentucky. If these amendments are not made, the U.S. EPA will find 

Kentucky's SIP deficient and exercise their authority to issue a construction ban 

to prevent the construction or modification of a major emitting facility (pursuant to 

CAA $167) until a FIP is issued. 

Provide an assessment of how the entities identified in question (3) will be 

impacted by either the implementation of this administrative regulation, if 

new, or by the change if it is an amendment: Changes to the current 

regulation will include the regulation of greenhouse gas emissions. For those 

sources emitting at or above the major source threshold for greenhouse gas 

emissions, new permits will have to be issued. 

(a) List the actions that each of the regulated entities identified in 

question (3) will have to take to comply with this administrative 
regulation or amendment: Sources permitted under the Title V program 

will have to submit a permit application identifying and reporting the 

emissions but there will be no new requirements or standards imposed on 

the source. Sources permitted under the PSD program will have to submit 

a permit application including Best Available Control Technology (BACT) 

review for greenhouse gas emissions. 

In complying with this administrative regulation or amendment, how 

much will it cost each of the entities identified in question (3): There 

are no emission fees associated with the regulation of greenhouse gas 

emissions. For those sources that must provide a BACT analysis, there is 

the additional cost to meet the requirements of the BACT determination. 

Additionally, sources required to obtain a new permit will have the 

expense of completing a permit application. EPA has estimated that a 

Title V permit application for greenhouse gas sources would cost each 

source, on average, between $23,200 and $46,400. 

As a result of compliance, what benefits will accrue to the entities 

identified in question (3): These major sources will remain in 

compliance with state and federal regulations. 

Provide an estimate of how much it will cost the administrative body to 

implement this administrative regulation: 

(a) Initially: The inclusion of greenhouse gases in stationary source permits 

will require the Division for Air Quality to expand staff to review the 

increased permit load and inspect changes made to sources as a result of 

this regulation. 

(b) On a continuing basis: The cabinet must maintain the additional staff in 

order to handle the increase in permit issuance. EPA has estimated that a 

Title V permit application for greenhouse gas sources would cost a 

permitting authority, on average, between $9,844 and $19,688 to process 

each source permit. 

What is the source of the funding to be used for the implementation and 

enforcement of this administrative regulation: Any additional expense 

incurred by the Division for Air Quality to regulate greenhouse gas emissions 

would be paid for through Title V emission fees. The cabinet is not requesting 

additional general funds for the implementation and enforcement of the 

regulation. 

Provide an assessment of whether an increase in fees or funding will be 

necessary to implement this administrative regulation, if new, or by the 

change if it is an amendment. The cabinet is not requesting additional general 

funds for the implementation of this administrative regulation. However, Title V 

emission fees may be impacted by the implementation of this administrative 

regulation. 

State whether or not this administrative regulation established any fees or 

directly or indirectly increased any fees. This administrative regulation does 
not establish fees, but as stated above in (7), Title V emission fees may be 

impacted. 

(9) TIERING: Is tiering applied? Yes. The Tailoring Rule amends the threshold of 

greenhouse gas emission levels subject to regulation. This tiering revision was 

necessary to prevent small businesses and individuals from becoming subject to 

permitting requirements solely due to greenhouse gas emissions. 
FEDERAL MANDATE ANALYSIS COMPARISON 

I. Federal statute or regulation constituting the federal mandate. As a SIPapproved state for the PSD program under 40 CFR 51.166, recent changes in the 

federal PSDlNSR and Title V programs make it necessary to revise the regulation in 

order to maintain federal approvability. Failure to do so will result in a Federal 

Implementation Plan. 

2. State compliance standards. The state compliance standards are found in KRS 

224.1 0-1 OO(5). 

3. Minimum or uniform standards contained in the federal mandate. Changes in 

the federal definitions for this program necessitate changes in the state definitions. 

4. Will this administrative regulation impose stricter requirements, or additional 

or different responsibilities or requirements, than those required by the federal 

mandate? No. 

5. Justification for the imposition of the stricter standard, or additional or 

different responsibilities or requirements. The definitions contained in this 

administrative regulation are not more stringent or otherwise different than the 

corresp~nding federal definitions. 
FISCAL NOTE ON STATE OR LOCAL GOVERNMENT 

Administrative Regulation #: 401 KAR 51:001 

Contact person: Laura Lund, Environmental Technologist II 

1. Does this administrative regulation relate to any program, service, or 

requirements of a state or local government (including cities, counties, fire 

departments, or school districts)? Yes. 

2. What units, parts or divisions of state or local government (including cities, 

counties, fire departments, or school districts) will be impacted by this 

administrative regulation? This administrative regulation impacts the Division for 

Air Quality as the applicability of other administrative regulations is altered. Any 

state or local government that emits greenhouse gases in the thresholds subject to 

the PSD or Title V permitting programs would be required to obtain a permit from the 

Division for Air Quality. 

3. Identify each state or federal statute or federal regulation that requires or 

authorizes the action taken by the administrative regulation. KRS 224.10- 

100(5), (26); 42 U.S.C. 7401,7410, 7471,7607; 40 CFR 51.166. 

4. Estimate the effect of this administrative regulation on the expenditures and 

revenues of a state or local government agency (including cities, counties, fire 

departments, or school districts) for the first full year the administrative 

regulation is to be in effect. 

(a) How much revenue will this administrative regulation generate for the state or 

local government (including cities, counties, fire departments, or school 

districts) for the first year? This administrative regulation does not generate 

revenue, but Title V fees may be impacted by the implementation of this regulation. 

(b) How much revenue will this administrative regulation generate for the state or 

local government (including cities, counties, fire departments, or school 

districts) for subsequent years? This administrative regulation does not generate 

revenue, but Title V fees may be impacted by the implementation of this regulation. 

(c) How much will it cost to administer this program for the first year? The U.S. 

EPA has estimated that it will cost the permitting authority between $9,844 and 

$19,688 per permit issued, and the Division for Air Quality has estimated 30 - 40 

permit actions per year. Therefore, it is estimated that an increase of between 

$300,000 and $800,000 will be necessary to operate this program. 

(d) How much will it cost to administer this program for subsequent years? The 

US. EPA has estimated that it will cost the permitting authority between $9,844 and 

$19,688 per permit issued, and the Division for Air Quality has estimated 30 - 40 

permit actions per year. Therefore, it is estimated that an increase of between 

$300,000 and $800,000 will be necessary to operate this program. 
TIME: 7 

JUL 1 4' 2010 

ENERGY AND ENVIRONMENT CABINET 

Department for Environmental Protection 

Division for Air Quality 

(Amendment) 

401 KAR 52:001. Definitions for 401 KAR Chapter 52. 

RELATES TO: KRS 224.01-010, 224.10-100, 224.20-100, 224.20-1 10, 

224.20-120,40 C.F.R. Parts 50-53.60-63.70-78.42 U.S.C. 7401-7671q 

STATUTORY AUTHORITY: KRS 224.10-1 OO(5) 

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

cabinet [t

to promulgate administrative 

regulations for the prevention, abatement, and control of air pollution. There is no 

the terms used in 401 KAR Chapter 52. The definitions contained in this administrative 

regulation are neither more stringent nor othewise different than the corresponding 

federal definitions. 

Section 1. Definitions. (1) "Acid Rain Program" means the national program for 

reducing SO2 and NOx emissions established under 42 U.S.C. 7651 to 76510 (Title IV 

of the Act) and codified at 40 C.F.R. Parts 72 to 78. 

(2) "Act" means the Clean Air Act established under 42 U.S.C. 7401 to 7671q. 
(3) "Actual emissions" is defined bv 40 C.F.R. 51.166(b)(21). [- 

-1 

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

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

atmosphere. 

(5) "Affected source" means a source that includes one (1) or more affected units. 

(6) "Affected state" [&&&'I means a state [cda-ks] that: 

(a) Borders [€le&f] Kentucky and whose air quality may be affected by the 

proposed permit, permit revision, or permit renewal; or 

(b) Is [&el situated within fifty (50) miles of the source requesting the proposed 

permit action. 

(7) "Affected unit" means a unit subject to the Acid Rain Program. 

(8) "Air contaminant" is defined & [kl KRS 224.01-010(1). 

(9) "Air pollutant" means air contaminant. 

(10) "Air pollution" is defined & [k] KRS 224.01-OlO(3). 

(11) "Air pollution control equipment" means a mechanism, device or contrivance 

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

and administrative regulations, vital to production of the normal product of the source or 

to its normal operation. 

(12) "Alternative method" is defined bv 40 C.F.R. 60.2. For purposes of this 

definition, "administrator" means both the U.S. EPA and the cabinet. [V 
2 . . .I 

3 (13) "Ambient air"' is defined bv 40 C.F.R. 50.l(e). [- 

4 . . -1 

5 (14) "Ambient air quality standard" means a numerical expression of a specified 

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

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

8 through the application of appropriate preventive or control measures. 

9 (15) "Applicable requirement" means a state-origin or federally enforceable 

10 requirement or standard that applies to asource. 

11 (16) "Batch mix plant" means a source or affected facility that produces hot mix 1 

asphalt by heating and drying the aggregate in a dryer before separating and mixing it 

with asphalt cement in separate batches. 

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

(18) "Capital expenditure" is defined b~ [k] 40 C.F.R. 60.2. 

(19) "Commence" means that an owner or operator has undertaken a continuous 

program of construction, modification, or reconstruction of an affected facility, or that an 

owner or operator has entered into a contractual obligation to undertake and complete, 

within a reasonable time, a continuous program of construction, modification, or 

reconstruction of an affected facility. 

(20) "Construction" means fabrication, erection, installation or modification of an air 

contaminant source. 
(21) "Continuous monitoring system" means the total equipment, required under the 

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

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

process parameters. 

(22) "Control device" means equipment such as an incinerator or carbon adsorber 

used to reduce, by destruction or removal, the amount of air pollutants in an air stream 

prior to discharge to the ambient air. 

(23) "Control system" means a combination of one (1) or more capture systems and 

control devices working in concert to reduce discharges of pollutants to the ambient air. 

(24) "Designated representative" means a person authorized by the owner or 

operator [-I of an affected source and of all affected units at the 

source, as evidenced by a certificate of representation submitted to the U.S. EPA in 

accordance with 40 C.F.R. 72.20(b), to represent and legally bind each owner and 

operator, as a matter of federal law, in all matters pertaining to the Acid Rain Program. 

In matters relating to the acid rain portion of a Title V permit, the term "responsible 

official': as defined in this section, means the designated representative. 

(25) "Draft permit" means the version of a federally enforceable permit, which the 

cabinet offers for public review and any applicable affected state review. 

(26) "Drum mix plant" means a source or affected facility that produces hot mix 

asphalt by heating, drying, and mixing the aggregate with asphalt cement in one (1) 

operation. 

(27) "Emergency" means a situation arising from a sudden and reasonably 

unforeseeable event beyond the control of the source that: (whkk] 
(a) Requires immediate corrective action to restore normal operation; 

(b) Causes the source to exceed a technology-based emission limitation in the 

permit due to unavoidable increases in emissions attributable to the emergency; and 

(c) Does [Sba+l] not include noncompliance caused by improperly designed 

equipment, lack of preventive maintenance, careless or improper operation, or operator 

error. 

128) "Emission standard" means the numerical expression of auantitv per unit of 

time or other parameter that limits the amount of a regulated air pollutant that a , source 

or emission unit is allowed to emit to the ambient air. 

(29) "Emission unit" means an affected facilitv, or a part or activity of a source. that 

emits or has the ~otential to emit a requlated air pollutant and does not alter the 

definition of the term "unit" as used in the Acid Raiti Procrram. 

(301 "Emissions fee" means the annual fee assessed to a source as prescribed in 

401 KAR 50:038. made effective April 12. 1995. 
(31) "Enforceable as a practical matter" means that the emission or other standards 

contained in a permit or compliance schedule include: 

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

subject to the standards; 

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

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

standards, including appropriate monitoring, recordkeeping, and reporting. 

(32) "Equivalent method is defined bv 40 C.F.R. 60.2. For purposes of this 

definition. "administrator" means both the U.S. EPA and the cabinet. [- 

. . il 

(33) "Exempt compound" or "exempt solvent" means an organic compound listed in 

the definition of volatile organic compound as not participating in atmospheric 

photochemical reactions. 

(34) "Federallv enforceable requirement" means an item specified in this subsection 

as it applies to an emission unit at a source subiect to 40 C.F.R. Part 70. includinq a 

requirement ~romulqated or approved bv the U.S. EPA in coniunction with the permit 

issuance but which has future-effective compliance dates. 

(a) A standard or requirement in the SIP that implements the relevant reauirements 

of the Act, includinq a revision to that plan promulaated at 40 C.F.R. Part 52; 

(bl A term or condition of a preconstruction permit issued pursuant to administrative 

requlations a~proved or promulqated pursuant to 42 U.S.C. 7401 to 7515; 
(c) A standard or other requirement promulqated pursuant to 42 U.S.C. 7411 or 

7429 qovernins solid waste incinerators; 

(dl A standard or other requirement promulaated pursuant to 42 U.S.C. 7412; 

(el A standard or requirement of the Acid Rain Proaram; 

(0 A reauirement established pursuant to 42 U.S.C. 7414(a)(31 or 7661dbI for 

monitorinq and compliance certification; 

(q) A national ambient air quality standard or increment or visibility reauirement 

pursuant to 42 U.S.C. 7470 to 7492 for a temporaw source permitted pursuant to 42 

U.S.C. 7661c(e); 

(hl A standard or other requirement for consumer and commercial products adopted 

pursuant to 42 U.S.C. 751 1 b(e); 

(i) A standard or other reauirement for a tank vessel adopted ~ursuant to 42 U.S.C. 

751 1 b(f); and 

(i) A standard or other requirement to protect stratospheric ozone adopted ~ursuant 

to 42 U.S.C. 7671 to 7671a, unless the U.S. EPA determines that those requirements 

need not be contained in the permit. . 
CI 

(35) "Final permit" means: 

(a) For a federally enforceable permit, the version issued by the cabinet that has 

completed all the applicable review procedures of 401 KAR 52:100 and for which a final 

determination has been made; or [wade] 
(b) For a state-origin permit, the version that meets the applicable provisions of 401 

KAR 52:040, and for which a final determination has been made. 

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

components. 

(37) "Fuel" means natural gas; ~etroleum; coal; wood; 1-1 

or a form of solid, liquid, or gaseous fuel derived from these materials for the purpose of 

creating useful heat. 

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

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

(39) "Hazardous air pollutant" or "HAP" means a pollutant listed pursuant to 42 1 

U.S.C. 7412(b). 

(40) "Hot mix asphalt plant" means a stationary source or portable affected facility 

that manufactures hot mix asphalt by heating and drying aggregate and mixing it with 

asphalt cements. , 

(41) "Hydrocarbon" means an organic compound consisting predominantly of 

carbon and hydrogen. 

(42) "Incineration" means the process of igniting and burning solid, semisolid, liquid, 

or gaseous combustible wastes. 

(43) "Intermittent emissions" means emissions of particulate matter into the open air 

from a process that operates for less than any six (6) consecutive minutes. 

(44) "KyEISmeans the Kentucky Emissions Inventory System. 

r

(45) "Major source" is defined by 40 C.F.R. 70.2. For DurDoses of cha~ter 52, 


A- . S . Epw 

(46) "Major source threshold" means PTE: 

(a) For HAPs: 

I. Ten (I 0) tons per year or more of a single HAP; 

2. Twenty-five (25) tons per year or more of combined HAPs; or 

3. A lesser quantity that the US. EPA establishes in a final rulemaking; or 

(b) 100 tons per year or more for regulated air pollutants other than HAPs, except 

that: 

1. For ozone nonattajnment areas: - 

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

areas classified as marginal or moderate; 

b. Fifty (50) tons per year or more in areas classified as serious; 

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

d. Ten (10) tons per year or more in areas classified as extreme; 

2. Fifty (50) tons per year or more of carbon monoxide for carbon monoxide 

nonattainment areas that are classified as serious and in which stationary sources 

contribute significantly to carbon monoxide levels; or 

3. Seventy (70) tons per year or more of particulate matter (PMIo) for PMIO 

nonattainment areas classified as serious. 
(47) "Malfunction" [- 

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(48) "Marginal nonattainment county" or "marginal nonattainment area" means a 

county or portion of a county designated marginal nonattainment for the [wdJWxwl 

national ambient air quality standard for ozone [-I. 

(49) "Minor source" means a stationary source that emits and has the potential to 

emit less than the major source thresholds. 

(50) "Moderate nonattainment county" or "moderate nonattainment area" means a 

county or portion of a county designated moderate nonattainment for the [*I 

national ambient air quality standard for ozone [-I. 

(51)M "Modification" is defined by 40 C.F.R 60.2. 

(b) Exceptions to the definition of "modification" are listed in 40 C.F.R 60.14(e). For 

purposes of this definition, "administrator" means the cabinet. [- 
Il 

V.". c g . 

C: T 

'C " 

ef 

7 T TI 

(52) "Modification under Title I of the Act" means a change at a facility that 

constitutes [-I a modification under 42 U.S.C. 7470 to 7492 or 42 U.S.C. 

7501 to 7515. 

. . (53) "Opacity" [-?- 

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' (54) "Owner or operator" is defined bv 40 C.F.R. 60.2. [F 

.. . -1 

14 
. .. (55) "Person" js defined by KRS 224.01-OIO(17). [v 

nr 

I V' -1 

(56) "Potential to emit" or "PTE means the maximum capacity of a stationary 

source to emit a pollutant under its physical and operational design in which: [wk?rs] 

(a) A physical or operational limitation on the capacity of a source to emit an air 

pollutant, including air pollution control equipment and restrictions on hours of operation . 

or on the type or amount of material combusted, stored, or processed & [skA-k] 

treated as part of its design if the limitation is enforceable as a practical matter; and 

10 (b) This definition does not alter or affect the use of this term for other purposes of 1 

the Act or the term "capacity factor" as used in the Acid Rain Program. 

(57) "Proposed permit" means the version of a permit that the cabinet proposes to 

issue and submit to the U.S. EPA for g forty-five (45) day review period. 

(58) "Reconstruction" means the replacement of components of an existing affected 

facility to the extent that: 

(a) The fixed capital cost of the new components exceeds fii (50) percent of the 

fixed capital cost that would be required to construct a comparable entirely new affected 

facility; and 

(b) It is technologically and economically feasible to meet the applicable 

requirements in 401 KAR Chapters 50 to 65. [&] 

(59) "Reference method" means a method of sampling and analyzing for an air 

pollutant as published in 40 C.F.R. Part 50, Appendices A to N; 40 C.F.R. Part 53; 40 
C.F.R. Part 60, Appendices A and 6; 40 C.F.R. Part 61, Appendix B; or 40 C.F.R. Part 

63, Appendices A to D. 

(60) "Regulated air pollutant" means: 

(a) Nitrogen oxides; 

(b) Volatile organic compounds; 

(c) A pollutant for which a national ambient air quality standard has been 

promulgated pursuant to 42 U.S.C. 7409 (Section I09 of the Act); 

(d) A Class I or Class II substance subject to a standard promulgated or established 

pursuant to 42 U.S.C. 7671 to 7671q (Title VI of the Act); 

(e) A pollutant subject to a standard promulgated pursuant to 42 U.S.C. 741 1; 

(f) A hazardous air pollutant (HAP) subject to a standard or other requirement 

established pursuant to 42 U.S.C. 7412. 

(61) "Renewal" means the process by which a permit is reissued at the end of its 

permit term. 

(62) "Responsible official" is defined by 40 C.F.R. 70.2. [wa++s 

r nr 

, P. 

nr ", 

n /I\ n * , v: 

16 
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(63) "Section 502(b)(10) changes" means changes that contravene an express 

permit term and does not include changes that would violate applicable requirements or 

contravene federally enforceable permit terms and conditions that are monitoring 

(including test methods), recordkeeping, reporting, or compliance certification 

requirements. 

(64) "Shutdown" means the cessation of an operation. 

(65) "Source" means one (1) or more affected facilities contained within a given 

contiguous property line, which means the property is separated only by a public 

thoroughfare, stream, or other right of way. 

(66) "Standard" means an emission standard, a standard of performance, or an . 

ambient air quality standard promulgated in 401 KAR Chapters 50 to 65 [h 
fnv AkQs#yJ- or the emission control 

requirements necessary to comply with 401 KAR Chapter 51. 

(67) "Start-up" or "startu~" means the setting in operation of an affected facility. 

(68) "State implementation plan" or "SIP means the most recently prepared plan or 

revision required by 42 U.S.C. 7410, that [W] has been approved by the U.S. EPA. 

(69) "state-origin permit" means a permit that is issued pursuant to 401 KAR 52:040 

and is not federally enforceable. 

(70) "State-origin requirement" means an applicable requirement contained in 401 

KAR Chapters 50 to 65, which is not mandated by the Act and is not federally 

enforceable. 

(71) "Stationary source" means a building, structure, affected facility, or installation 

that emits or may emit a regulated air pollutant. 

(72) "Subiect to requlation" is defined by 40 C.F.R. 70.2 for the Title 4 oroqram. 

(73) [o] "Title V permit" means a permit issued under Kentucky's Title \/: oronram. 

[

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(74) [o] "Title V program" means a state operating permit program approved by 

the US. EPA pursuant to 42 U.S.C. 7661 to 7661f (Title V of the Act). 

[w] "Total suspended particulates" or "TSP" is defined bv 40 C.F.R. 

/76) [w] "tpy" means ton per year. 
(77J [(Xi)] "U.S. €PA" means the U.S. Environmental Protection Agency. 

(78) [(TfjI "Volatile organic compound" or "VOC is defined b~ [k] 40 C.F.R. 

51.100(s). 

(79) [(?&I] 'Waste oil" means a petroleum based or synthetic oil such as an engine 

lubricant, engine oil, motor oil, or lubricating oil for use in an internal combustion engine, 

or a lubricant for motor transmissions, gears, or axles which through use, storage, or 

handling has become unsuitable for its original purpose due to the presence of 

impurities or loss of original properties. 
Date Leonard K. Peters, Secretary 

Energy and Environment Cabinet 
PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this 

administrative regulation shall be held on August 24, 2010, at 2:00 p.m. (local time) in 

Conference Room 201 6 on the first floor of the Division for Air Quality at 200 Fair Oaks 

Lane, Frankfort, Kentucky. Individuals interested in being heard at this hearing shall 

notify this agency five (5) workdays prior to the hearing of their intent to attend. If no 

notification of intent to attend the hearing is received by that date, the hearing may be 

canceled. 

This hearing is open to the public. Any person who wishes to be heard shall be given an 

opportunity to comment on the proposed administrative regulation. If you do not wish to 

be heard at the public hearing, you may submit written comments on the proposed 

administrative regulation. Written comments shall be accepted until close of business on 

August 31,2010. Send written notification of intent to be heard at the public hearing or 

written comments on the proposed administrative regulation to the contact person listed 

below. 

The hearing facility is accessible to persons with disabilities. Requests for reasonable 

accommodations, including auxiliary aids and services necessary to participate in the 

hearing, may be made to the contact person at least five (5) workdays prior to the 

hearing. 

CONTACT PERSON: Laura Lund, Environmental Technologist 11, Division for Air 

Quality, 1' Floor, 200 Fair Oaks Lane, Frankfort, Kentucky 40601, telephone (502) 564- 

3999, ext. 4428, fax (502) 564-4666, and electronic mail Laura-Lund@ky.gov. 
REGULATORY IMPACT ANALYSIS 

AND TIERING STATEMENT 

Administrative Regulation #: 401 KAR 52:001 

Contact person: Laura Lund, Environmental Technologist I1 

(1) Provide a brief summarv of: 

What this administrative regulation does: This administrative regulation 

defines the terms used in 401 KAR Chapter 52. 

The necessity of this administrative regulation: This administrative 

regulation provides clear and consistent definitions for terms used in 401 

KAR Chapter 52. 

How this administrative regulation conforms to the content of the 

authorizing statutes: The statutory authority for this regulation is given 

in KRS 224.10-100(5), which provides the cabinet the authority, power, 

and duty to prevent and control air pollution. KRS 224.10-lOO(26) 

requires the cabinet to issue regulations that are no more stringent than 

federal requirements. The definitions contained in this administrative 

regulation are not more stringent or otherwise different than the 

corresponding federal definitions. 

How this administrative regulation currently assists or will assist in 

the effective administration of the statutes: 

This administrative regulation assists the public and the regulated 

community by providing clear and consistent definitions for terms used in 

401 KAR Chapter 52. 

(2) If this is an amendment to an existing administrative regulation, provide a 

brief summary of: 

(a) How the amendment will change this existing administrative 

regulation: This amendment revises definitions to reflect amendments 

made to the New Source Review (NSR) program at the federal level. The 

Prevention of Significanf Deterioration and Tifle V Greenhouse Gas 

Tailoring Rule (Tailoring Rule), published as a final rule on June 3, 2010, 

amends and creates definitions that significantly impact the Prevention of 

Significant Deterioration (PSD) and Title V permitting programs. The 

amendments are to the definitions for "Regulated NSR pollutant", which 

includes greenhouse gases (GHGs) as a regulated NSR pollutant under 

the Clean Air Act; "Major sourcen, which includes air pollutants subject to 

regulation; and the inclusion of a definition for "Subject to regulation", 

which includes the greenhouse gas emission thresholds to trigger PSD 

and Title V permitting. 

(b) The necessity of the amendment to this administrative regulation: 

The definition amendments are necessary at the state level to ensure 

consistency between state and federal programs. The Tailoring Rule 

establishes January 2, 2011, as the trigger date for GHGs to become 

regulated. If Kentucky's State Implementation Plan (SIP) is not revised by 
that date to include these requirements, the SIP will be found deficient, 

and the U.S. EPA will have authority to issue a Federal Implementation 

Plan (FIP). Serious consequences of a FIP include loss of PSD and Title 

V program approvals and loss of federal highway funds. EPA clearly 

states their intent in the preamble to the final rule, "For any state that lacks 

the ability to issue PSD or Title V permits for GHG emissions sources 

consistent with the final rule, we [EPA] intend to undertake a separate 

action to call for revisions to these programs. We [EPA] also intend to 

move quickly to impose a FIP for PSD through 40 CFR 52.21, and use our 

federal Title V authority to ensure that GHG sources will be permitted 

consistent with the final rule." This amendment also clarifies that small 

businesses will not be regulated solely because of their greenhouse gas 

emissions by tailoring the threshold limits. 

(c) How the amendment conforms to the content of the authorizing 

statutes: KRS 224.10-lOO(26) requires the cabinet to issue regulations 

that are no more stringent than federal requirements. This amendment 

maintains consistency with corresponding federal definitions affecting 

Kentucky's PSD and Title V permitting programs. 

(d) How the amendment will assist in the effective administration of 

statutes: This amendment will provide clear and consistent definitions of 

. terms used in 401 KAR Chapter 52 to prevent and control air pollution. 

(3) List the type and number of individuals, businesses, organizations, or state 

and local governments affected by this administrative regulation: Any 

facility with the capacity to emit greenhouse gases at or above the thresholds 

specified in the GHG Tailoring Rule, which changes to 401 KAR 52901 

incorporate, would be affected by the changes to this regulation. This includes 

PSD and Title V sources of greenhouse gas emissions but does not affect 

smaller emitters of greenhouse gases. EPA has estimated that without the 

Tailoring Rule there would be 82,000 permitting actions nationwide per year 

necessary to address greenhouse gas emissions, but with the implementation of 

the rule that number is reduced to 1,600 nationwide. The Division for Air Quality 

has estimated this regulation change to affect 30 - 40 permitting actions per year 

in Kentucky. If these amendments are not made, the U.S. EPA will find 

Kentucky's SIP deficient and exercise their authority to issue a construction ban 

to prevent the construction or modification of a major emitting facility (pursuant to 

CAA S167) until a FIP is issued. 

(4) Provide an assessment of how the entities identified in question (3) will be 

impacted by either the implementation of this administrative regulation, if 

new, or by the change if it is an amendment: Changes to the current 

regulation will include the regulation of greenhouse gas emissions. For those 

sources emitting at or above the major source threshold for greenhouse gas 

emissions, new permits will have to be issued. 

(a) List the actions that each of the regulated entities identified in 

question (3) will have to take to comply with this administrative 
regulation or amendment: Sources permitted under the Title V program 

will have to submit a permit application identifying and reporting the 

emissions but there will be no new requirements or standards imposed on 

the source. Sources permitted under the PSD program will have to submit 

a permit application including Best Available Control Technology (BACT) 

review for greenhouse gas emissions. 

In complying with this administrative regulation or amendment, how 

much will it cost each of the entities identified in question (3): There 

are no emission fees associated with the regulation of greenhouse gas 

emissions. For those sources that must provide a BACT analysis, there is 

the additional cost to meet the requirements of the BACT determination. 

Additionally, sources required 30 obtain a new permit will have the 

expense of completing a permit application. EPA has estimated that a 

Title V permit application for greenhouse gas sources would cost each 

source, on average, between $23,200 and $46,400. 

As a result of compliance, what benefits will accrue to the entities 

identified in question (3): These major sources will remain in 

compliance with state and federal regulations. 

Provide an estimate of how much it will cost the administrative body to 

implement this administrative regulation: 

(a) Initially: The inclusion of greenhouse gases in stationary source permits 

will require the Division for Air Quality to expand staff to review the 

increased permit load and inspect changes made to sources as a result of 

this regulation. 

(b) On a continuing basis: The cabinet must maintain the additional staff in 

order to handle the increase in permit issuance. EPA has estimated that a 

Title V permit application for greenhouse gas sources would cost a 

permitting authority, on average, between $9,844 and $19,688 to process 

each source permit. 

What is the source of the funding to be used for the implementation and 

enforcement of this administrative regulation: Any additional expense 

incurred by the Division for Air Quality to regulate greenhouse gas emissions 

would be paid for through Title V emission fees. The cabinet is not requesting 

additional general funds for the implementation and enforcement of the 

regulation. 

Provide an assessment of whether an increase in fees or funding will be 

necessary to implement this administrative regulation, if new, or by the 

change if it is an amendment. The cabinet is not requesting additional general 

funds for the implementation of this administrative regulation. However, Title V 

emission fees may be impacted by the implementation of this administrative 

regulation. 

State whether or not this administrative regulation established any fees or 

directly or indirectly increased any fees. This administrative regulation does 
not establish fees, but as stated above in (7), Title V emission fees may be 

impacted. 

(9) TIERING: Is tiering applied? Yes. The Tailoring Rule amends the threshold of 

greenhouse gas emission levels subject to regulation. This tiering revision was 

necessary toprevent small businesses and individuals from becoming subject to 

permitting requirements solely due to greenhouse gas emissions. 
FEDERAL MANDATE ANALYSIS COMPARISON 

1. Federal statute or regulation constituting the federal mandate. As a SIPapproved state for the PSD program under 40 CFR 51.166, recent changes in the 

federal PSDINSR and Title V programs make it necessary to revise the regulation in 

order to maintain federal approvability. Failure to do so will result in a Federal 

Implementation Plan. 

2. State compliance standards. The state compliance standards are found in KRS 

224.1 0-lOO(5). 

3. Minimum or uniform standards contained in the federal mandate. Changes in 

the,federal definitions for this program necessitate changes in the state definitions. 

4. Will this administrative regulation impose stricter requirements, or additional 

or different responsibilities or requirements, than those required by the federal 

mandate? No. 

5. Justificatioh for the imposition of the stricter standard, or additional or 

different responsibilities or requirements. The definitions contained in this 

administrative regulation are not more stringent or otherwise different than the 

corresponding federal definitions. 
FISCAL NOTE ON STATE OR LOCAL GOVERNMENT 

Administrative Regulation #: 401 KAR 52:001 

Contact person: Laura Lund, Environmental Technologist II 

1. Does this administrative regulation relate to any program, service, or 

requirements of a state or local government (including cities, counties, fire 

departments, or school districts)? Yes. 

2. What units, parts or divisions of state or local government (including cities, 

counties, fire departments, or school districts) will be impacted by this 

administrative regulation? This administrative regulation impacts the Division for 

Air Quality as the applicability of other administrative regulations is altered. Any 

state or local government that emits greenhouse gases in the thresholds subject to 

the PSD or Title V permitting programs would be required to obtain a permit from the 

Division for Air Quality. 

3. Identify each state or federal statute or federal regulation that requires or 

authorizes the action taken by the administrative regulation. KRS 224.10- 

100(5), (26); 42 U.S.C. 7401,7410, 7471, 7607; 40 CFR 51.166. 

4. Estimate the effect of this administrative regulation on the expenditures and 

revenues of a state or local government agency (including cities, counties, fire 

departments, or school districts) for the first full year the administrative 

regulation is to be in effect. 

(a) How much revenue will this administrative regulation generate for the state or 

local government (including cities, counties, fire departments, or school 

districts) for the first year? This administrative regulatioh does not generate 

revenue, but Title V fees may be impacted by the implementation of this regulation. 

(b) How much revenue will this administrative regulation generate for the state or 

local government (including cities, counties, fire departments, or school 

districts) for subsequent years? This administrative regulation does not generate 

revenue, but Title V fees may be impacted by the implementation of this regulation. 

(c) How much will it cost to administer this program for the first year? The U.S. 

EPA has estimated that it will cost the permitting authority between $9,844 and 

$19,688 per permit issued, and the Division for Air Quality has estimated 30 - 40 

permit actions per year. Therefore, it is estimated that an increase of between 

$300,000 and $800,000 will be necessary to operate this program. 

(d) How much will it cost to administer this program for subsequent years? The 

U.S. EPA has estimated that it will cost the permitting authority between $9,844 and 

$19,688 per permit issued, and the Division for Air Quality has estimated 30 - 40 

permit actions per year. Therefore, it is estimated that an increase of between 

$300,000 and $800,000 will be necessary to operate this program. 
Steven L. Beshear 

Governor Energy and Environment Cabinet 

Department for Environmental Protection 

Division for Air Quality 

200 Fair Oaks Lane, 1st Floor 

Frankfort, Kentucky 40601 -1403 

www.air.ky.gov 

August 5,201 0 

Mr. A. Stanley Meiburg 

Acting Regional Administrator 

U.S. EPA, Region 4 

Sam NUM Atlanta Federal Center 

61 Forsyth Street, SW 

Atlanta, Georgia 30303 

Leanard K. Peters 

Secretary 

Dear Mr. Meiburg, 

The Kentucky Division for Air Quality is requesting that EPA propose approval of the following 

proposed administrative regulations by parallel processing for the purpose of expediting the adoption of 

these regulations into the Kentucky SIP. Amendments to the current regulations are necessary to define 

the term "subject to regulation" for the NSR and Title V permitting programs in accordance with the 

Greenhouse Gas Tailoring Rule to maintain a fully SIP-approved NSR program in Kentucky. The 

regulations were filed with the Legislative Research Commission on July 14, 2010, and WP~S are 

enclosed for your review. 

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

401 KAR 52001. Definitions for 401 KAR Chapter 52. (Amendment) 

A schedule for final adoption of the administrative regulations into the Kentucky SIP is follows: 

End of Public Comment Period, in which a Public Hearing is 

conducted . - .. - - - - - - 

Submit Statement of Consideration (SOC) of comments 

received during public comment period 

First Legislative Subcommittee (Administrative Regulation 

Review Subcommittee - ARRS) reviews regulation 

Second Legislative Subcommittee (Agriculture and Natural ( Resources subcommittee) reviews regulation 

Announce effective date of regulation 

Submit amendmenti to EPA as an amendment to Kentucky's SIP 

August 31,2010 

September 15,2010 

October 12,2010 

November 4,201 0 

If reviewed by 2nd Subcommittee, 

the effective date is at adjournment 

of meeting, else 30 days after the 

regulation referral by Id 

subcommittee 

Early December 2010 

An Equal Opportunity Employer M/F/D 
Mr. A. Stanley Meiburg 

August 5,2010 

Page 2 

If you have any comments or questions regarding this request, please contact Lam Lund at (502) 

564-3999 or Laura-Lund@ky.gov. 

Cc: Lynorae Benjamin 

JSWll 

Enclosures 
SENATE MEMBERS 

David L. Williams 

President, LRC Co-Chair 

Katie Kratz Stine 

President Pro Tern 

Robert Stivers 

Majority Floor Leader 

Ed Worley 

Minority Floor Leader 

Dan Seum 

Majority Caucus Chair 

Johnny Ray Turner 

Minority Caucus Chair 

Carroll Gibson 

Majority Whip 

Jerry P. Rhoads 

Minority Wh~p 

TO: 

FROM: 

RE: 

DATE: 

LEGISLATIVE RESEARCH COMMISSION 

State Capitol 700 Capitol Avenue Frankfort KY 40601 

Capitol FAX 502-223-5094 

Annex FAX 502-564-6543 

Irc.ky.gov 

Robert Sherman 

Director 

HOUSE MEMBERS 

Gregory D. Stumbo 

Speaker, LRC Co-Chair 

Larry Clark 

Speaker Pro Tern 

Laura Lund 

Energy and Environment Cabinet: Division for Air Quality 

Emily Caudill 

Regulations Compiler 

Acknowledgement of Proposed Administrative Regulation andlor Amendment - 

401 KAR 51:001 and 401 KAR 52:001 

July 14,2010 

Rocky Adklns 

Majority Floor Leader 

Jeff Hoover 

Minority Floor Leader 

Robert R. Damron 

Majority Caucus Chair 

Bob DeWeese 

Minority Caucus Char 

John Will Stacy 

Majority Whip 

David Floyd 

Minority Whip 

A copy of the administrative regulations listed above are enclosed for your files. These administrative 

regulations are tentatively scheduled for review by the Administrative Regulation Review Subcommittee 

at its September 2010, meeting. We will notify you of the date and time of this meeting when it has 

been scheduled. 

Pursuant to KRS 13A.280, if a public hearing is held or you receive written comments during the public 

comment period, the Statement of Consideration for these administrative regulations is due by noon on 

September 15,2010. Please reference KRS 13A.270 and 13A.280 for other requirements relating to 

public hearings and the Statement of Consideration. 

If you have any questions, please do not hesitate to contact me at (502) 564-8100. 

Enclosures 
VOLUME 37, NUMBER 2 - AUGUST 1,2010 

entry of vesicular stomatitis into Kentucky. 

(c) How this administrative regulation conforms to the content 

of the authorizing statutes: KRS 257.030 authorizes the board to 

establish quarantine and other measures to control the movement 

of livestock into, through, or within the state. This administrative 

regulation establishes requirements for entry into Kentuw for 

livestock that has been exposed to vesicular stomatitis. 

(d) How this administrative regulation currently assists or will 

assist in the effecthe administration of the statutes: This amended 

regulation makes clear the entry requirements for animals that may 

have been exposed to vesicular stornatibs. 

(2) If this is an amendment to an existing admlnistrative regulation, provide a brief summary of: 

(a) How the amendment wili change this existing administrative 

regulatiwr: Allows designation of areas or regions for VS, and reduces the time period for animals originating from areas where VS 

has been found. 

(b) The necessity of the amendment to the administrative regulation: To prevent entry of vesiMliar slomatit~s into Kentucky, 

(c) How this amendment conforms to the content of the authorizing statutes KRS 257.030 authorizes the bod to establish 

quarantine and other measures to control the mwement of livestock into, through, or within the state. Thii administrative regulation 

establishes requirements for entry into Kentucky for livestock that 

has been exposed to vesiilar stomatit~s. 

(d) How will this amendment assist in the effective administration of the ststutes: This amended regulation makes clear the entry 

requirements for animals that may have been exposed to vesicular 

stomatitis. 

(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by thii administrative regulation: This wll affect all persons wishing to enter animals 

into Kentucky from an area where VS has been found. As this 

disease is 'sporadic in nature, it is impossiMe to guess the number 

of persons that would be affected. The probability for thii to affect 

the average animal moving Into Kentucky Is verv low. 

(4) Provide an analysis of how the entities identified in question 

(3) will be impacted by either the implementation of this administrative regulation, If new, or by the change, if it is an amendment, 

including: 

(a) List the actions that each of the regulated entities identified 

in question (3) will have to take to comply with this administrative 

regulation or amendment: The entities identified will be required to 

test should the OSV require them to do so. 

(b) In complying with this administrative regulation or amendment. how much wili it cost each of the entities identified in question (3): The entities will not incur costs unless required to do so for 

entry. The OSV estimates a test to cost $15. 

(c) AS a result of compliance, what benefits will accrue to the 

entities identified in question (3): The benefits of compliance to 

Kentucky Agriculture are immeasurable. Should VS be allowed to 

enter the state, tremendous loss to all animal values in the state. 

(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation: 

(a) Initially: No new additional costs. 

(b) On a continuing basis: No addiiionai mts. 

(8) What is the source of the funding to be used for the imple 

mentation and enforcement of this administrative regulation: KDA 

general funds. 

(7) Provide an assessment of whether an increase in fees or 

funding will be necessary to implement this admlnistrative regulation, if new. or by the change if it is an amendment: No fees are 

assodated with this regulation. 

(8) State whether or not this administrative regulation wtablished any fees or directly or indirectly increased any fees: This 

administrative regulation establishes M, few directly or indirectly. 

(9) TIERING: Is tiering applied? No. All regulated entities have 

the same requirements. 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT 

1. Does this administrative regulation relate to any program, 

service, or requirements of a state or local government (including 

cities, counties, fire departments, or school districts)? Yes 

2. What units. Darts or divisions c d state or local government 

(including cities, counties, fire departments, or schod districts) will 

be impacted by this administrative regulation? The Kentucky De 

, partment of Agriculture 

3. Identify each state or federal staMe or federal regulation 

that requlres or authorizes the action taken by the administrative 

regulation. KRS 257.030,257,070 

4. Estimate the effect of this administrative regulation on the 

expenditures and revenues of a state or local government agency 

(including cities, counties, fire departments. or school districts) for 

the first full year the administrative regulation is to be in effect 

(a) How much revenue wili this administrative regulation generate for the state or local government (Including cities, counties, 

fire departments, or school districts) for the first year? No revenue 

wili be generated by this regulation. 

(b) How much revenue will this administrative regulation generate for the state or local government (Including cities, count~es, 

fire departments, or school districts) for subsequent years? No 

revenue will be generated by this regulation. 

(c) How much wili It cost to administer this program for the first 

year? The Kentucky Department of Agriculture will have no new 

additional expenditures due to this regulation. 

(d) How much will it cost to administer this program for subseauent wars? The Kentuckv Deoarlment of Aoriculure will have no 

new aiditional expenditure; due to this regul&on. 

Notdf specific dollar estimates cannot be determined, provide 

a brief narrative to explain the fiscal impact of the administrative 

regulation. 

Revenues (+I-): 

Expenditures (+I-): 

Other Explanation: 

ENERGY AND ENVIRONMENT CABINET 

Department for Emironmental Protection 

Division for Air Quality 

(Amendment) 

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

RELATES TO: KRS 48.010(15)(a), 224.01410, 224.20-100, 

224.20-110,224.20-120, 40 C.F.R. Chapter 1,50 Appendices A-R, 

51.100[fsf], 51.121, 51.165, 51.166, 51 Appendix S, 52.920, 53, 

60, 60 Appendices A, B, 61, 61 Appendix B, 63 Appendices A-D, 

70.2,75,82,96,42 U.S.C. 7401-7671q[7] 

STATUTORY AUTHORITK KRS 224.10-100a- 

=I 

NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10- 

100m requires the cabinet to promulgate administrative regulations for the prevention, abatement, and control of air pdlution.[EO 

-1 This administrative regulation defines the 

terms used in 401 KAR Chapter 51. The definitions contained in 

this administrative regulation are neither more stringent nor otherwise different than the corresponding federal definitions. 

PI. IOOIWIILIII,. 

14) 'Adverse imoact on visibilitv0 is defined bv 40 C.F.R. . - 51.301. 

(5) 'Affected faciliK means an aowratus, buildina. ooeration. 

road. or other entitv or series of entities that em% or mav emit an 

air contaminant into the outdoor atmasohere. 

16) 'Air contaminanr is defined bv KRS 224.01-010(1). 

171 'Air oollutanP means air contaminant, 

f9) 'Air oollution control eoui~ment' means a mechanism, de 

vice. or contrivance used to control or Drevent air wllution. that is 

not, aside-from air ~oliution control laws and administrative reaule 

tions. vltai to production of the normal product of the source or to 
VOLUME 37, NUMBER 2 -AUGUST 1,2010 

ff 

(11) 'Allocation oeriod' means each three (3) vear oeriod be 

gf12) 'Allowable em~ssions'ls defined bv: 

(a\ 40 C.F.R. 51.166(b\(16): o[ 

1b) 40 C.F.R. 51.166(w)(2)(ii) for an actuais PAL. 

(13) 'Alteration' means: 

(a) The installation or reolacement of air wllution control 

guloment at a source: - or 

Ib) A ohvsical chanae in or chanae in the method of oueration 

of an affected fadlitv that increases the ootential lo emit a oollufant. to which a standard aoolies, aed bv the fadlitv or that 

results in the emission of an air wllutant, to which a standard av- - 

plies. not oreviouslv emitted. 

1141 'Alternative method' is defined bv 40 C.F.R. 60.2. For 

purooses of this definition. 'administrator' means both the U.S. 

EPA and the cabinet. 

(15) '~mbientair' is defined bv 40 C.F.R. 50.l(e). 

(16) 'Ambient air auaiiN standard' means a numerical expresslon of a suecified concentration level for a articular alr wntamilevel is measured and is a aoal to be achieved in a stated time 

thmuah the aooilcation of aoorooriate oreventive or control meas117) 'ANSI' means American National Standards Institute. 

({ 

- he. 

(19) 'ASTM" means American Societv for Testina and Mate- 

- rials. 

(20) 'Baseline actual emissions' is defined bv 40 C.F.R. 

51.166(b)(47) 

(21) 'Baseline areays defined bv40 C.F.R. 51.166fb)(151. 

122) 'Baseline concentration" is defined bv 40 C.FR. 

51.166(b1(13). 

123) 'Basehe date" means maior source baseline date or 

minor source baseline date and is established for - each pollutant for - 

w 

which increments or other eauivalent measures haw been estabwould construct is desianated as attainment or unclasdfiable oursuant to 42 U.S.C. 7407(d)(tMA1(ii) or fiii) for the wllutant on the 

la) For a maior stationan, source. the wllutant would be emitted in sianificant amounts: or 

Ib) For a maior mod~fication. there would be a sianificant net 

emissions increase of the odlutant. 

124) 'Beain actual construction' is defined bv 40 C.F.R. 

4~ 40 C.F.R. 51.166(bl(l2). 

126) "BOD' means biochemical oxidant demand 

i-% 

128) 'BTU' means British thermal unit. 

129) "Bulldlna, structure, facilltv. or Installation' is defined bv 40 

C.F.R. 51 .I 661b)(6). 

(33 'C' means degree Celsius (centigrade). 

131) 'Cabinet" is deflned bv KRS 2'24.01-010(9). 

(32) 'Cal' means calorie. 

/33) 'Caoital emendiiure' is defined bv 40 C.F.R. 602. 

134) 'Cfm" means cubic feet uer minute. 

L35) 'CHI0 means methane. 

136) 'Clean coal technolwv' is defined bv 40 C.F.R. 

51 .I 66(b)f331, 

(37) 'Clean coal technolwv demonstration oroiect' is defined 

bV 40 C.F.R 51.166(b)f341. 

1381 'Clinker' means the ~mdu~t of a mrtland cement kiln from 

which finished cement is manufactured bv millina and orindine 

139) TO" means carbon monoxide. 

140) 

p 

'COT means carbon dio7Jde. 

f42YCombined cvde svstem' is defined bv 40 C.F.R. 96.2. 

(43) 'Combustion turbine' is defined bv 40 C.F.R. 96.2. 

144) 'Commence": 

fa) ~eaz thaG owner or ooerator has undertaken a contipuous oroaram of construction, modification, or reconstruction of 

an affected facilitv. or that an owner or operator has entered into a 

contractual obliaation to undertake - and comolete, within a reasonable time. a continuous Droaram of construction, modification, or -- - - 

reconstruction of an affected facilihr: or 

Jb) Is delined bv 40 C.F.R. 51.166(b1191 for the PSD or NSR 

pmaram. 

145) 'Commence commercial o~eration' is defined bv 4Q 

(49) 'Comoliance supolement wol' means the auantitv of NOx 

aa 

(a) Allocated to NOx budaet units that achieve eadv reduction; 

or 

ib) Used to assist NOx budoet sources that are unable to meet 

the com~liance deadline as orovided in 401 KAR 51:180. Seclig c 

- a. 

150) 'Construction": 

fa) Means fabrication, erection, installation, or modification of 

an air contaminant source: or 

[b) Is defined for use in the PSD or NSR oroaram bv 40 C.F.R. 

51.1661b)(8), 

151) 'Gontlnuous emissions monitorina svstem' or 'CEMS' is 

. 

(53) "Continuous emissions rate monitorina svstem' or 

'GERMS is defined bv 40 C.F.R. 51.166(b)f46). 

154) 'Cont~nuous monltorina svstern' means the total eauioment, required under the aodicable administrative reaulations in 

401 KAR Chaoters 50 to 65, used to samde. to condition (if aoolicable), to analvze, and to orovide a oennanent record of emissions 

or process parameters. 

(55) 'Contmuous oammeter monitorina svstem' or WMS" is 

defined bv: 

la) 40 C.F.R. 51.166(b)f45) for 401 KAR 51:017: or 

(b) 40 C.F.R. 51.165(a)fl Ilmiii) for 401 KAR 51:052. 

(561 'Control period' is defined bv 40 C.F.R. 96.2. 

(571 'Director' means Director ol the Division for Alr Qualitv of 

51:195. a fossil fuelfired boiler. combustion turbine. or a combined 

pcle svstem used to aenerate twentv-five (251 meaawatts or more 

of electricitv. some of which is offered for sale. 

(62) 'Electric utilitv steam aeneratina unit' or 'EUSGU' is defined bv40 C.F.R. 51.166fb1(301. 

163) 'Emission standard' means that numerical limit that fixes 

the amount of an air contaminant or air contaminants that mav be 

vented into the atmowhere from an affected facilitv or fmm air 

pdlution control eauioment installed In an affected facilitv. 

f64 'Emissions unir is defined bv: 

la140 C.F.R. 51.166fb)O for 401 KAR 51:017: or 

&) 40 C.F.R. 51.165(aMl)(vii) for 401 KAR 513052. 

165) 'Enforceable as a wactical matter' means that the emission or other standards contained in a oermit or comoliance sche 

lie Include: 

fa) Technicallv accurate emission standards and the wttions 

the source that are subiect to the standards; 

@) A time oeriod adeauate to demonstrate comoliance with thg 

mdards: and 

fc) The method the source shall use to achieve and demonstrate compliance with the limitations and standards. includinq 

pmmriate monitorina, recordkeeoina, and remrtina. 

(66) 'Eauivalent method' is defined bv 40 C.F.R. 60.2. For 

puraoses of this detnition, 'administrator" means both the U.S. 

- 
VOLUME 37. NUMBER 2 -AUGUST 1,2010 

EPA and the cabmet. 

(671 'Excess NOx emissions" is defined bv 40 C.F.R. 96.2. 

1681 'E~em~t mwund' or 'exemDt solvent' means an omanE 

not ~articioatina in atm0SDheric ohotochemical reaction% 

669) 'Existina source' means a source that is not a new 

source. 

1701 'Extreme nonattainment countv' or 'extreme nonaftainment area' means a countv or oortion of a countv desianated extreme nonattainment for the national ambient air aualitv standard 

for ozone 

01) "OF' means dearee Fahrenheit. 

L72) 'Federal land manaaer" is defined bv 40 C.F.R. 

51.166(b1(24). 

a31 'Federallv enforceable' is defined bv 40 C.F.R. 

51.166(b)(17L For ourooses of this definition, 'administrator 

means the U.S. EPA. 

flfl 

under 401 KAR 52:020 or 52:030. as aoorooriate. 

1751 'Fixed ca~ital cost" defined bv 40 C.F.R. 51.166(b)f551. 

176) 'Fossil fuel" 1s defined bv 40 C.F.R. 96.2. 

1771 'Fossil fuel fired' is defined bv 40 C.F.R. 96.2. 

1781 .ft' means feet or foot. 

179) 'Fuel" means natural aas: oetmleum: coal: wood: or q 

form of solid, iiauid, or aaseous fuel derived from these materials 

jp 

180) 'Fuaitive emissions": 

[a) Means those emissions that could not reasonablv oass 

prouah a stack. chimnev, vent, or other functionallv eauivalent 

o~eninq: 

{b) Is defined bv 40 C.F.R. 51.166(b)(201 for 401 KAR 51:017; -- 

YL 

Ic) Is defined bv 40 C.F.R. 51.165(a1(11(ix) for 401 KAR -> --- 

1811 'a" means aram. 

182) 'aal" means aallon. 

(83) 'General fund' is deftned bv KRS 48.010(15)fa). 

(84) "Generator" is defined bv 40 C.F.R. 96.2. 

185) "GI' means arain. 

J86) "HCI" means hvdrochloric acid. 

(8n 'Heat inout" is deflned bv 40 C.F.R. 96.2. For wmoses of 

this definition. 'administratora means Me cabinet. 

188) 'HF' means hvdrwen fluoride. 

(89) 'Ha' means mercurv. 

{go) "Hiah terrain' is defined bv 40 C.F.R. 51.166(b)(25L 

1911 'hr means hour. 

192) 'Hvdrocarbon" means an oraanic comaound consistinq 

predominantlv of carbon and hvdroaen. 

193) "Hvdrocarbon combustion flare' means: 

(a) A flare used to wmolv with an aoolicable New Source Performance Standard (NSPS) or Maximum Achievable Control Technoloav (MACT) standard, includina uses of flares durina startuo. 

$hutdown, or malfunction ~ermilted under the standard: or 

(b) A flare that serves to control emissions of waste streams 

worked ~redominatelv of hvdrocarbons and containina no more 

than 230 ua/dscm hvdroaen sulfide, 

(94) "HD means water. 

195) "HX? means hvdmaen sulfide. 

196) %SOC means sulfuric add. 

(971 'in' means inch. 

1981 'lncineration'>eans the Drocess of iannina and buminq 

@id, semisolid. Iiauid. or aasews combustible wastes. 

(99) 'Industrial boiler or turbine' means a fossil fuel-fired boiler. 

combustion turbine, or a combined cvde svstem havina a maxipun desian heat lnout of 250 MMBTU oer hour or more Mat is not 

an electric aeneratina unit. 

1100) 'Innovative contrd technoloourn is defined bv 40 C.F.R. 

$1.166(b)f191. 

11011 'Intermittent emissions' means emissions of ~artlculate 

matter into the ooen air from a process that orerates for less than 

anv six (6) consecutive minutes. 

1102) J m . . ears ioule. 

(103) 'Ka%eans kilwram. 

1104) '1' means liter. 

11051 "Ib" means wund. 

has the authontv to enforce a certaln restriction. 

IlOn 'Lona drv kiln' means a kiln that emolavs no oreheating 

of the feed and has a dw inlet feed. 

p 

(108) 'Lona wet kiln' means a kiln that emolovs M oreheating 

1109) 'Low terrain' means an area other than hiah terrain. 

(1 10) 'Lowest achievable emissions rate' or 'LAER' is defined 

bv 40 C.F.R 51.165(a)(l)(xiii). 

fill) 'm' means meter. 

(1 12) 'ma' means cub~c meter. 

(1131 'Malor emlsslons unit' is defined bv 40 C.F.R. 

1121) Warainal nonattainment countv' or 'marainal nonattainment area' means a countv or oortion of a countv desianated marginal nonattalnment for the national ambient air aualitv standard lor 

ozone. 

(1221 'Maximum desian heat inwt" is defined bv 40 C.F.R. nc o - I".=. 

(1231 'Maximum ootential hourlv heat inout' is defined bv 40 

C.F.R. 96.2. 

11241 'Maximum wtential NOx emlssion rate' is defined bv 40 

C.F.R. 96.2. 

11251 'Maximum rated hourlv heat inout' is defined bv 40 

C.F.R. 96.2. 

,(I261 'Ua' means microaram 

11271 'Ma' means milliaram. 

i1281 'Mid-kiln firina' means the secondarv firina in kilns by 

lnieotina solid fuel at an intermediate mint in the kiln usina a soedallv desianed feed iniection mechanism for the wrwse of decreasina NOx emissions thmuah: 

la) Bumina Dart of the fuel at a lower temoerature: and 

Lb1 Reduclna-conditions at the solid waste iniection ooint that 

mav destroy some of the NOx formed uDstream In the kiln burning 

zone. 

(1291 'mln' means minute. 

11301 "Mmor source baseline date' is defined bv 40 C.F.R 

51.166(b1(14)fiil- (iv1. 

(131 1 "MJ" means meaaioules. 

11321 'mm' means millimeter, 

(133) 'MM' means million. 

/I341 'mom means month. 

11351 'Moderate nonattainment counN or 'moderate nonattainment area'means a countv or wrtion of a countv deslanated 

moderate nonattainment for the national ambient air aualitv stand! 

(136Mal 'Mod~fication' is defined bv 40 C.F.R 60.2. 

1b) Exceotions to the definition of "modification' are lisfed h 40 

C.F.R 60.14(el. For ourwses of this definition. 'administtator' 

means the cabinet. 

(1371 'Monitorina device" means the total eouiment. reauired 

bv an apolicable administrative reaulation in 401 KAR Chaoters 50 

$ 65. used to measure and record, if aoolicable. orocess oarame- 

- ters. 

(1381 'Monitorina svstem' means a monitorina svstem that 
VOLUME 37, NUMBER 2 - AUGUST 1,2010 

meets the reauirements of 40 C F.R. Pall 96. 

11 39) 'MWe' means meaawatt electrical. 

U40) "Nr means nitmen. 

1141) "Nameplate ca~acitv' is defined bv 40 C.F.R. 96.2. 

1142) 'Natural conditions' means those naturallv occurrinq 

phenomena that reduce visibilitv as measured in terms of visual 

me, contrast, or coloration. 

1143) 'Necessaw areconstruction aoorovals or oermits" Is 

peds zero; 

1. An increase in emissions from a oarticular ohvsical chanae 

or chanae in method of ooeration at a stationaw source as calculated oursuant to 401 KAR 51:017. Section 1(4), or 401 KAR 

51:052. Section l(2): and 

2. Anv other increases and decreases in actual emissions at 

the maior stationaw source that are contemooraneous with the 

pp 

emissions for calculatina increases and decreases under this oaraaraph are determined as defined in this section. 

{b) An increase or decrease in actual emissions is contemwcrease from the chanae occurs: and 

2. For construction that commences on and after Januarv 6, 

2002. the chanae occurs between the date five (5) vears before 

constwction on the chanae mmences, and the date that the 

lncrease from the chanae occurs. 

An Increase or decrease in actual emissions is creditable 

j. The cabinet or the US. EPA has not relied on the chanae in 

issuina a permit for the source oursuant to 401 KAR 51:017, 

51:052, or 40 C.F.R. 52.21: and 

2. The oermit is in effect at the time the increase or decrease in 

actual emissions from the oartiwlar chanae occurs. 

Ld) An increase or decrease in actual emissions of sulfur diodde. oartiwlate matter, or nitrooen oxides that occurs before the 

aodicable minor source baseline date is creditable onlv if it is reouired to be considered in calwlatina the amount of madmum 

allowable increases remainina available. For articulate matter. 

onlv PM," emissions are used to evaluate the net emissions inpease for PMlo. 

(e) An increase in actual emissions is creditable onlv to the 

extent that the new level of actual emissions exceeds the old level. 

If) A decrease in actual emissions is creditable anlv to the -- - 

extent that: 

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

eh 

emissions: 

2. The decrease is enforceable as a oradical matter at and 

after the time that actual construction on the oarticular chanoe 

beains: and 

3. The decrease has aooroximatelv the same aualitative sianificance for oublic health and welfare as that attributed to the inpse from the oartiwlar chanae. 

Lal An increase that results from a ohvslcal dlanae at a source 

occurs if the emissions unit on which construction occurred bec~m 

placement unit that rewires shakedown becomes ooerational only 

gfter a reasonable shakedown oeriod, not to exceed 180 davs. 

(hl The term. actual emissions, as defined in subsection (2) of 

this section does not aoolv in determinina creditable increases and 

- 

decreases. 

1145) "New source" means a source, the construction. reconsification date as defined in the ao~licable administrative reoulation. irresoective of a chanae in emission rate. 

1146) 'Nitroaen oxides'means all oxides of nitrwen exceot 

nitrous oxide, as measured bv test methods soedfied bv the cabi- 

- net. 

(147) 'no' means nanoarams. 

(1481 - 'NO' means nitric oxide. 

(149) 'NO.' means nitmaen dioxide. 

1150) 'Nonattainment maior new source review oroaram' or 

'NSR oroaram' is defined bv 40 C.F.R. 51.165(al(ll(ml. For 

pumoses of this definition. 'administrator' means the U.S. EPA. 

(151) 'NOf means nitmaen oxides. 

1152) "NOxallowance' is defined bv 40 C.F.R. 96.2. 

(153) 'NOx Allowance Trackina Svstem (NATS)' is defined by 

40 C.F.R. 96.2 For ourooses of this definition. 'administrator' 

means the U.S. EPA. 

11541 "NOx authorized account reoresentative?~ defined bv 40 

C.F.R. 96.2. 

(1551 'NOx budaet emiss~ons limitation' means, for a NOx 

budaet unit. the tonnaae eauivalent of the NOx allowances available for comoliance deducQon for the unit and for a control Deriod 

under 401 KAR 51360 adiusted bv deductions of sufficient NOx 

allowances to account for 

fa) Actual utilizat~on under 40 C.F.R. 96.42(e) for the control 

oeriod: 

(b) Excess NOx emissions for a orior control oeriod under 40 

C.F.R. 96.54(d); 

LC) Withdrawal from the NOx budaet Droaram under 40 C.F.R. 

96.86: or 

{dl A chanae in reaulato~ status for a NOx budaet oot-in 

source under 40 C.F.R. 96.87. 

1156) 'NOx budaet out-in source' means an affected facilitv 

that has elected to become a NOx budaet unit under the NOx 

Budaet Tradina Proaram and whose NOx budaet out-in oermit has 

been issued and is in effect. 

U57) 'NOx budaet source' is defined bv 40 C.F.R. 96.2. 

11581 'NOx Budaet Tradina Proaram' is defined bv 40 C.F.R. 

- 96.2. 

1159) 'NOx budaet unit" means a unit that is subied to the 

NOx Budaet Tradina Proaram emissions limitation under 401 KAR 

51:160 or 40 C.F.R. 96.80. 

1160) "NOx budaet unit operator" means a Denon who oDerates. controls, or suoervlses a NOx budaet unit, a NOx budaet 

source. or a unit for which an aoolication for a NOx budaet out-in 

permlt under 401 KAR 51395 is submmed and not denied or withdrawn and includes a holdina comoanv, utilitv svstem. or olant 

manaaer of a NOx budaet unit or source. 

U61) 'NOx budaet unit owner' means: 

la) A holder of a oortion of the leaal or eauitable tile in a NOx 

budaet unit or in a unit for which an aoolication for a NOx budaet 

99 

withdrawn: 

[b) A holder of a leasehold interest in a NOx budaet unit or in a 

gnit for which an aoolication for a NOx budaet oat-in oermit under 

401 KAR 51.195 is submitted and not denied or withdrawn; 

Icl A ~urchaser of Dower from a NOx budaet unit or from a unit 

for wh~ch an aoolication for a NOx budaet out-in oermit under 401 

KAR 51:195 is submitted and not denied or withdrawn under a life- 

- 

of-the-unit. firm Dower contractual arranaement and unless ex- - 

g~esslv orovided for in a leasehold aareernent, does not indude a 

passive lessor, or a oerson who has an eouitaMe interest thmuah 

the lessor. whose rental mvments are not based. either directlv or 

Indlrectlv. uoon the revenues or income from the NOx budaet unit 

or the unit-for which an aoolication for a NOx budaet out-in permit 

or 

(dl For anv aeneral account, a oerson who has an 0wner~hi~ 

interest with resoect to the NOx allowances held in the aeneral 

account and who is subiect to the bindina aareernent for the NOx 

aulhorized account representative to remesent that oerson's ownershio. 

(162) '0," means owaen. 

(163) 'O*" means ozone. 

1164) 'OoaciN is defined bv40 C.F.R. 60.2. 

(165) 'O~eratina' means, for a NOx budaet unit, havina documented heat inout for more than 876 hours in the six (6) months 

jmmediatehr ~re~edina the submission of an a~oliition for an 

initial NOx budaet permit. 

(166) "Ooerator' means, lor a NOx budaet unit, anv Derson 
who omrates. controls. or suoervises a NOx budaet unit. a NOx 

budaet source, or unit for which an aoolication for a NOx budaa 

mt-in oermit is submitted and not denied or withdrawn, and includes anv holding companv, utiiitv svstem. or olant manager of 

the unit or source. 

1lt 

unit under the NOx Budaet Tradina Pmaram throuoh a final Nm 

bud& oot-in oenit. 

m#. n 

1168) 'Owner'. for a NOx budaet unit. is defined bv 40 C.F.R. 

I0.L. 

1169) 'Owner or ouerator" is defined bv 40 C.F.R. 60.2. -- -- 

J170) 'oz" means ounce. 

1171) 'Ozone deoletina ootential' or 'ODP'. means oursuant to 

40 C.F.R. Part 82. Sub~art A, Aouendices A and 8. the ratio of the 

total amount of ozone destroved bv a fixed amount of an ozone 

deoletina substance to the amount of ozone destroved bv the 

same mass of trichlorofluoromethane (CFC-11) in which the ozone 

deoletina wtential of CFC-11 is eaual to one and zero-tenths (1.01. 

j172) "Ozone deoleGa substance" or 'ODs means any 

chemical COm~ound reaulated under 40 C.F.R. Part 82 with decay 

products, after the ohotoivsis of the ODs bv short-wave ultraviolet 

llc 

ozone. 

1173) 'PAL effective date" is defined bv 40 C.F.R. 

51.166(~)(2)(vi). 

174) "PAL effective oeriod' is defined bv 40 C.F.R. 

wM2)hii). 

9 'PAL maior modification' is defined bv 40 C.F.R. 

51.166(~)(2)(viii). 

(176) 'PAL oemit" is defined bv 40 C.F.R. 51.166(~)(2)(ix). 

([ 

(178) "Particulate matter" Is defined bv 40 C.F.R. 60.2. 

1179) 'Particulate matter emissions" is defined bv 40 C.F.R. 

51.100(~~1. exceot as used in 40 C.F.R. Part 60. 

[I801 "Peak load" means the maximum instantaneous ouerat- 

-- 11811 "Permitted caoacitv factor" means the annual oermitted 

fuel use divided bv the manufacturer's soecified maximum fuel 

consumotion multiolied bv 8.760 hours oer vear. 

1182) "Person' is defined bv KRS 224.01-010(17). 

1183) 'Plant-wide aodicabilitv limitation' or 'PAL' means an 

emission limitation, exmessed in tons oer vear. for a wtlutant at a -- 

major stationaw source. that is enforceable as a oractical matter 

and is established source-wide in accordance with 401 KAR 

- part of its desian if the limitation is enforceable as a uractical mat2. This definition does not alter or affect the use of this term for 

other ourooses of the Clean Air Act 42 U.S.C. 7401-7671~. or the 

ierm 'ce~acitv factof as used in the Acid Rain Proaram; 

(b) Is defined bv 40 C.F.R. 51.166(bM4\ for 401 KAR 51:017; 

P1 

Ic) Is def~ned bv 40 C.F.R. 51.165(a)(l)(iii) for 401 KAR 

- 51:052. 

(191) 'wb' means oarls uer billion. 

(192) 'cam' means Darts oer million. 

1193) 'oom(w/w)' means Darts oer million (weight bv weiaht). 

1194) 'Precalciner kiln' means a kiln in which the-feeeded to the 

kiln svstem is oreheated in cvclone chambers and utilizes a second 

bumer to calcine material in a seuarate vessel attached lo the 

preheater orior to tt~e final fusion in a kiln that forms clinker. 

1195) 'Predictive emissions monitorina svstem'or 'PEMS' is 

defined bv 40 C.F.R. 51.166(b)(44). 

11 96) 'Preheater kiln' means a kiln in which the feed to the kiln 

svstem is oreheated in cvclone chambers DriOr to the final fusion in 

VOLUME 37, NUMBER 2 -AUGUST 1,2010 

- 456 - 

- 

53. or bv an eauivalent method designated in accordance with 40 

C.F.R. Part 53. 

(185) "PMIo' is defined bv 40 C.F.R. 51.100(aal, 

U86) 'PMIo emissions' means finelv divlded solid or liauid 

-1 with an aerodvnamic diameter less than or eaual to a 

nominal ten I101 micrometers emitted to the ambient air as rneaspred bv an aodicable reference method. or an eauivalent or alteri 

soecified in the Kentuckv SIP. 

1187) 'Pollution orevention' is defined bv 40 C.F.R. 

51.166(bM381. 

(( 

bv wlverizino clinker consistina essentiallv of hydraulic calaum 

silicates. 

DD 

U891 'Portland cement kiln'rneans a svstem. includlno solid, 

fuse raw materials. includina limestone and ciav. to oroduce Portland cement clinker. 

(1901 'Potential to emit" or 'PTE': 

la) Means the maximum caoacihr of a stationaw source to emit 

a ~ollutant under its ohvsical and omrational desion. in which: 

source to emit an air wliutant, indudina air wllution control 

eauioment and restrictions on hours of ooeration or on the twe or 

amount of material combusted. stored, or orocessed. is treated as 

1200) 'Psia' means oounds oer sauare inch absolute. 

(201) bsia" means ~0undS oer sauare inch aaae. 

1202) "RACT/BACT/LAER Clearinahouse' or 'RBLC' means 

the U.S EPA's online collection of ~revious RACTBACTILAER 

determinations. 

12031 'Reactivation of a velv clean coal-fired EUSGU' is defined bv 40 C.F.R. 51.166(b1(371. 

(204) 'Reasonable further oroaress' is defined bv 42 U.S.C. 

U.S=EPA. 

L205) 'Reconsthction' means the reolacement of comments 

of an edstina affected facilitv to the extent that: 

(a) The fixed caoital cost of the new comwnents exceeds fifty 

L50) percent of the fixed caoital cost that would be reauired to construct a muarable entirelv new affected facilitv: and 

/bl It is technoloaicallv and economicatlv feaslble to meet the 

goolicable reauirements of 401 KAR Chapters 50 to 65. 

4206) 'Reference methodweans a method of sarnolina and 

analvzina for an air oollutant as published in 40 C.F.R. Part 50. 

Aooendices A to N: 40 C.F.R. Part 53: 40 Part 60. Aooendices A 

and 6: 40 C.F.R. Part 61, Aouendix B: or 40 C.F.R. Part 63. Aopendices A to D. 

1207) 'Reaulated NSR oollutant" is defined bv 40 C.F.R. 

51.166(b#49). 

1208) 'Reolacement unit" is defined bv 40 C.F.R. 

51.166113)(321. 

1209) "Rewwerina' is defined bv 40 C.F.R. 51.166(b)i361. For 

purwses of this definition. 'administrator' means the U.S. EPA. 

1210) "Resoonsible official" is defined bv 40 C.F.R. 70.2. 

(21 1) 'Runo is defined bv 40 C.F.R. 60.2. 

(212) 'S' means at standard conditions. 

1213) 'sec' means sewn& 

1214) 'Secondaw emissions* is defined bv 40 

51.166(b)(l81. 

1215) "Serious nonattainment countv' or 'serious nonaltainmerit area' means a countv or wrtion of a countv desianated se- 

@ous nonattainment for the national ambient air aualitv standard for 

Ozone. 

1216) 'Severe nonattainment countv' or 'severe nonattainment 

grea' means a countv or wriion of a countv desionated severe 

nonattainment for the national ambient air oualitv standard for 

ozone. 

1217) 'Shutdown' ms thecessation of an ooeration. 

1218) 'Sianificant" is defined bv: 

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Section 2. Incorporation by Reference. (I) 'Standard Industrial 

Classification Manual', 1987, as published by the Office of Management and Budget is incorporated by reference. 

(2) This material may be inspected, copied or obtained, subject 

to applicable copyright law, at the following main and regional office of the Kentucky Division for Air Quality during the normal 

working hours of 8 a.m. to 430 p.m., local time: 

(a) Kentucky Division for Air Quality, 200 Fair Oaks Lane, 1st 

floor, Frankfort, Kentucky 40601-1403, (502) 564-3999; 

(b) Ashland Regional Office, 1550 Wolohan Drive, Suite 1, 

Ashland, Kentucky 41 102, (606) 929-5285; 

(c) Bowling Green Regional Offii, 1508 Westen Avenue, 

Bawling Green, Kentucky 42104, (270) 746-7475; 

(d) Florence Regional Office, 8020 Veterans Memorial Drive, 

Suite 110, Florence, Kentucky 41042, (859) 525-4923; 

(e) Frankfort Regional Office, 643 Teton Trail, Suite B, Frankfort, Kentucky 40601, (502) 564-3358; 

(9 Hazard Regional Offi, 233 Birch Street, Suite 2, Hazard, 

Kentucky 41 701, (606) 435-6022; 

(g) London Regional Office, 875 S. Main Street, London, Kentucky 40741. (606) 330-2080; 

(h) Owensboro Regional Office, 3032 Alvey Park Drive, W., 

Suite 700, Owensboro, Kentucky 42303, (270) 687-7304; and 

(i) Paducah Regional Office, 130 Eagle Nest Drive, Paducah, 

Kentucky 42003, (270) 8984468. 

(3) The Standard Industrial Classification Manual is also available under Order No. PB 87-100012 from the National Technical 

Information Service, 5285 Port Royal Road, Springfield, Virginia 

221 61, phone (703) 4874650. 

LEONARD K. PETERS, Secretary 

APPROVED BY AGENCY: July 14,2010 

FILED WITH LRC: Jdy 14,2010 at 3 p.m. 

PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A 

public hearing on this admlnlstrative regulation shall be held on 

August 24, 2010, at 2 p.m. (local time) in Conference Room 201 B 

on the flrst floor of the Division for Air Quality at 200 Fair Oaks 

Lane, Frankfort. Kentucky. Individuals interested in being heard at 

this hearing shall notify this agency five (5) wo&days priot to the 

heanng of their intent to attend. If no notification of intent to attend 

the hearing is received by that date, the hearing may be canceled. 

This hearing is open to the public. Any person who wishes to be 

heard shall be given an opportunity to comment on the pwsed 

administrative regulation. Y you do not wish to be hea7d at the 

public hearing, you may submit written comments on the proposed 

administrative regulation. Written comments shall be accgpted until 

close of business on August 31,2010. Send written notification of 

intent to be heard at the public hearing or written comments on the 

proposed administrative regulation to the contact person listed 

below. The hearing facil~ty is accessible to persons with disabilities. 

Requests for reasonable ammmodat~ons, including auxiliary aids 

and se~ces necessary to partlclpate in the hearing, may be made 

to the contact person at least five (5) workdays prior to the hearing. 

CONTACT PERSON: Laura Lund, Environmental Technologist 

II, Division for Air Quality, 1st Floor, 200 Fair Oaks Lane, FmnMort, 

Kentucky 40601, telephone (502) 564-3999. ext. 4428, fax (502) 

5644666. emall maiito:Laura_Lund@ky.gov. 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT 

htact Person: Laura Lund, Environmental Technologist I1 

(1) Provide a brief summary of: 

(a) What this administrative regulation does: This administrative regulation defines the terms used in 401 KAR Chapter 51. 

(b) The necessity of this administrative regulation: This administrative regulation provides clear and consistent definitions for 

terms used in 401 KAR Chapter 51. 

(c) How this administrative regulation conforms to the content 

of the authorizing statutes: The statutory authority for this regulation is given in KRS 224.10-100(5), which provides the cabinet the 

authority, power, and duty to prevent and control air pollution. KRS 

224.10-100(26) requires the cabinet to Issue regulations that are 

no more stringent than federal requirements. The definitions contained in this administrative regulation are not more stringent or 

otherwise different than the corresponding federal definitions. 

(d) How this administrative regulation currently assists or will 

assist in the effective administration of the statup: Thls administrative regulation assists the public and the regulated community 

by providing clear and consistent definitions for terms used in 401 
KAR Chapter 51. 

(2) If this is an amendment to an exjsting administrative regulation, provide a brief summary of: 

(a) How the amendment will change this dsting administrative 

regulation: This amendment revises definitions to reflect amendments made to the New Source Review (NSR) program at the 

federal level. The Prevention of Significant Deterioration and Title 

V Greenhouse Gas Tailoring Rule (Tailoring Rule), published as a 

final rule on June 3, 2010, amends and creates definitions that 

significantly impact the Prevention of Significant Deterioration 

(PSD) and litle V permitting programs. The amendments are to 

the definitions for 'Regulated NSR pollutant", which includes 

greenhouse gases (GHGs) as a regulated NSR pollutant under the 

Clean Air Act; 'Major source', which indudes air pollutants subject 

to regulation; and the inclusion of a definition for 'Subject to regulation', which indudes the greenhouse gas emission thresholds to 

trigger PSD and Title V permitting. 

(b) The necessity of the amendment to this administrative 

regulation: The definition amendments are necessary at the state 

level to ensure consistency between state and federal programs. 

The Tailoring Rule establishes January 2,201 1, as the trigger date 

for GHGs to become regulated. If Kentucky's State lmplernentation 

Plan (SIP) is not revised by that date to include these requirements, the SIP will be found deficient, and the U.S. EPA will have 

authority to issue a Federal Implementation Plan (FIP). Serious 

consequences of a FIP include loss of PSD and Title V program 

approvals and loss of federal highway funds. EPA clearly states 

their intent in the preamble to the final rule, "For any state that 

lacks the ability to issue PSD or Title V permits for GHG emissions 

sources consistent with the final rule, we [EPA] intend to undertake 

a separate action to call for revisions to these programs. We [EPA] 

also intend to move quickly to impose a FiP for PSD through 40 

C.F.R. 52.21, and use our federal Title V authority to ensure that 

GHG sources will be permitted consistent with the final rule." This 

amendment also darifies that small businesses will not be regulated solely because of their greenhouse gas emissions by tailoring 

the threshold limits. 

(c) How the amendment conforms to the content of the authorizing statutes: KRS 224.10100(26) requires the cabinet to issue 

regulations that are no more stringent than federal requirements. 

This amendment maintains consistency with corresponding federal 

definitions affecting Kentucky's PSD and Title V permitting programs. 

(d)How the amendment will assist in the effective administration of statutes: This amendment will provide clear and conslstent 

definitions of terms used in 401 KAR Chapter 51 to prevent and 

control air pollution. 

(3) Ust the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: Any facility with the capacity to emit greenhouse 

gases at or above the thresholds specified in the GHG Tailoring 

Rule, which changes to 401 KAR 51:001 incorporate, would be 

affected by the changes to this regulation. This includes PSD and 

Title V sources of greenhouse gas emissions but does not affect 

smaller emitters of greenhouse gases. EPA has estimated that 

without the Tailoring Rule there would be 82,000 permitling actions 

nationwide per year necessaty to address greenhouse gas emissions, but with the implementation of the rule that number is reduced to 1,600 nationwide. The Divislon for Air Quality has estimated this regulation change to affect 30 - 40 permitting actions 

per year in Kentucky. If these amendments are not made, the U.S. 

€PA will find Kentucky's SIP deficient and exercise their authority 

to Issue a construction ban to prevent the construction or modiication of a major emitting facility (pursuant to CAA s167) until a FIP is 

issued. 

(4) Provide an assessment of how the entities identified in 

question (3) will be impacted by either the implementation of this 

administrative regulation, if new, or by the change if it is an 

amendment: Changes to the current regulation will indude the 

regulation of greenhouse gas emissions. For those sources emitting at or above the major source threshold for greenhouse gas 

emissions, new permits will have to be issued. 

(a) List the actions that each of the regulated entities identified 

in question (3) will have to take to comply with this administrative 

VOLUME 37, NUMBER2 - AUGUST 1,2010 

I 

- 468 - 

regulation or amendment: Sources permffled under the Title V 

program will have to submit a permit application identlfying and 

reporting the emissions but there will be no new requirements or 

standards imposed on the source. Sources permitted under the 

PSD program will have to submit a permit application including 

Best Available Control Technology (BACT) review for greenhouse 

gas emissions. 

@) In complying with thls administrative regulation or amendment, how much will it cost each of the entities idntified in question (3): There are no emission fees associated with the regulation 

of greenhouse gas emissions. For those sources that must provide 

a BACT anaiysis, there is the additional cost to meet the requirements of the BACT determination. Additionally, sources required to 

obtain a new permit will have the expense of completing a permit 

application. EPA has estimated that a Title V permit application for 

greenhouse gas sources would cost each source, on average, 

between $23,200 and $46,400. 

(c) As a result of compliance, what benefits will awe to the 

entities identified in question (3): These major sources will remain 

in compliance with state and federal regulations. 

(5) Provide an estimate of how much it will cost the administrative body to irnplement this administrative regulation: 

(a) Initially: The inclusion of greenhouse gases in stationary 

source permits will require the Division for Air Quality to expnd 

staff to review the increased permit load and inspect changes 

made to sources as a result of this regulation. 

@) On a continuing basis: The cabinet must maintain the additiinal staff in order to handle the inuease in permit issuance. EPA 

has estimated that a Title V permit application for greenhouse gas 

sources would cost a permitting authority, on average, between 

$9,844 and $19,688 to process each source permit. 

(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: Any 

additional expense incurred by the Division for Air Quality to regulate greenhouse gas emissions would be paid for through Title V 

emission fees. The cabinet is not requesting additional general 

funds for the implementation and enforcement of the regulation. 

(7) Provide an assessment of whether an inuease in fees or 

funding will be necessary to irnplement this administrative regulation, if new, or by the change if it is an amendment. The cabinet is 

not requesting additional general funds for the implementation of 

this administrative regulation. However, Title V emission fees may 

be impacted by the implementation of this administrative regulation. 

(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees. This 

administrative regulation does not establish fees, but as stated 

above in (7). Title V emission fees may be impacted. 

(9) TIERING: Is tiering applied? Yes. The Tailoring Rule 

amends the threshold of greenhouse gas emission levels subject 

to regulation. This tiering revision was necessary to prevent small 

businesses and individuals from becoming subject to permitting 

requirements solely due to greenhouse gas emissions. 

FEDERAL MANDATE ANALYSIS COMPARISON 

1. Federal statute or regulation constituting the federal 

mandate. As a SIP-approved state for the PSD program under 40 

C.F.R. 51.166, recent changes in the fedeml PSDiNSR and Ttk V 

programs make it necessary to revise the regulation in order to 

maintain federal approvabllHy. Failure to do so will result In a Federal Implementation Plan. 

2. State compliance standards. The state compliance standards are found in KRS 224.10-100(5). 

3. Minimum or uniform standards contained in the federal 

mandate. Changes in the federal definitions for this program necessitate changes in the state definitions. 

4. Will thls administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, 

than those required by the federal mandate? No 

5. Justification for the imposition of the stricter standard, or 

additional or different responsiMlMes or requirements. The detinitions contained in this administrative regulation are not more stringent or otherwise different than the corresponding federal defini- 
tions. 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT 

1.Does tMs administrative regulation relate to any program, 

service, or requirements of a state or local govemment (including 

cities, counties, fire deparhents, or school districts)? Yes 

2. What units, parts or divisions of state or local government 

(including cities, counties, fire departments, or schod districts) will 

be impacted by this administrative regulation? This administrative 

regulation impacts the Divlsion for Air Quality as the applicability of 

other administrative regulations is altered. Any state or local government that emits greenhouse gases in the thresholds subject to 

the PSD or Title V permitting programs would be required to obtaln 

a permit from the Division for Air Quality. 

3. Identify each state or federal statute or federal regulation 

that requires or authorizes the action taken by the administrative 

regulation. KRS 224.10-100(5), (26); 42 U.S.C. 7401, 7410, 7471, 

7607; 40 C.F.R. 51.1 66. 

4. Estimate the effect of this admlnistrative regulation on the 

expenditures and revenues of a state or local govemment agency 

(including cities, counties, fire departments, or school districts) for 

the first full year the administrative regulation is to be in effect. 

(a) How much revenue will this administrative regulation generate for the state or local govemment (including cities, counties, 

fire departments, or school districts) for the first year? This administrative regulation does not generate revenue, but Title V fees may 

be impacted by the lmplementation of this regulation. 

(b) How much revenue will this admlnistrative regulation generate for the state or local govemment (includmg cities, counties, 

fire departments, or school districts) for subsequent years? This 

administrative regulation does not generate revenue, but Title V 

fees may be Impacted by the lmplementation of this regulation. 

(c) How much will it mt to administer this program for the first 

yeat7 The U.S. EPA has estimated that it will cost the permitting 

authority between $9,844 and $19,688 per permit issued, and the 

Division for Air Quality has estimated 30 - 40 permit actions per 

year. Therefore, it is estimated that an increase of between 

$300,000 and $800,000 will be necessary to operate this program. 

(d) How much will it cost to administer this program for subsequent years? The U.S. EPA has estimated that it will cost the permitting authority between $9,844 and $19.688 per permit issued, 

and the Division for Air Quality has estimated 30 - 40 permit ac 

tions per year. Therefore, it is estimated that an increase of between $300,000 arid $800.000 will be necessary to operate this 

program. 

ENERGY AND ENVIRONMENT CABINET 

Department for Environmental Protection 

Division for Alr Quality 

(Amendment) 

401 KAR 52:001. Definitions for 401 KAR Chapter 52. 

RELATES TO: KRS 224.01 -010. 224.10-100. 224.20-100, 

224.20-1 10, 224.20-120, 40 C.F.R. Parts 50-53. 60-63. 70-78. 42 

U.S.C. 7401 -7671q 

STATUTORY AUTHORITY: KRS 224.10-1 00(5) 

NECESSTPI. FUNCTION. AND CONFORMITY. KRS 224.10- 

100(5) requires the cabinefC&i&] to promulgate administrative regulations for the prevention, abatement, and control of air pollution. There is no federal 

mandate for this administrative regulation. This administrative 

regulation defines the terms used in 401 KAR Chapter 52. The 

definitions contained In this administrative regulation are neither 

more stringent nor otherwise different than the corresponding fed 

era1 definitions. 

Section 1. Definitions. (1) 'Acid Rain Program' means the 

national program for reducing SQ and NOx emissions established 

under 42 U.S.C. 7651 to 76510 (Tie IV of the Act) and codified at 

40 C.F.R. Parts 72 to 78. 

(2) 'Act" means the Clean Air Act established under 42 U.S.C. 

VOLUME 37, NUMBER 2 -AUGUST 1,2010 

- 469 - 

7401 to 7671q. 

(3) 'Actual emissions' is defined bv 40 C.F.R. 

51.166(b)(21)JJ ... . . )tin, 

road, or other entity or series of entities that emits or may emit an 

air contaminant into the outdoor atmosphere. 

(5) 'Affected source' means a source that indudes one (1) or 

more affected units. 

(6) 'Affected astat&] means state[&&] that: 

(a) Borders[Bdw] Kentucky and whose air quality may be 

affected by the proposed permit, permit revision, or permit renewal; 

or 

(b) Mke] situated within fifty (50) miles of the source requesting the proposed permit action. 

(7) 'Affected unit" means a unit subiect to the Add Rain Pro- . . gram. 

(8) 'Air contaminant' is defined wkt] KRS 224.01-010(1). 

(9) 'Air pollutant' means air contaminant. 

(10) 'Air pollution' is defined L?u[iR] KRS 224.01-OlO(3). 

(11) 'Air pollution control equipment" means a mechanism, 

device or contrivance used to control or prevent air pollution, that is 

not, aside from air pollution control laws and administrative regulations, vital to production of the normal product of the source or to 

its normal operation. 

(12) 'Alternative method" is defined bv 40 C.F.R. 60.2. For 

pt~roosed of this definition. 'administrator" means both the U.S. 

EPA and the cabinet.[- 

-1 

(13) 'Ambient air" is defined bv 40 C.F.R. 50.l(e).[fwm&?at 

-1 

(14) 'Ambient air quality standard" means a numerical expression of a spedfied concentration level for a particular air contaminant and the time averaging interval over which that concentration 

level is measured and is a goal to be achieved in a stated time 

through the application of appropriate preventive or control measures. 

(15) 'Applicable requiremenr means a state-origin or federally 

enforceable requirement or standard that applies to a source. 

(16) 'Batch mix plant" means a source or affected facility that 

produces hot mix asphalt by heating and drying the aggregate in a 

drver before seoaratinq and mixinq it with asphalt cement in seaarAe batches. ' 

- - 

(17) 'Cabinet" is defined & KKA 224.01-010i9).['~ 

-1 

(18) 'Capital expenditure' is defined MI] 40 C.F.R. 60.2. 

(1 9) 'Commence' means that an owner or operator has undertaken a continuous program of construction, modification, or reconstruction of an affected facility, or that an owner or operator has 

entered into a contractual obligation to undeltake and complete, 

within a reasonable time, a continuous program of construction, 

modification, or reconstrudion of an affected facility. 

(20) 'Construction' means fabrication, erection, installation or 

modiication of an air contaminant source. 

(21) 'Continuous monitoring system" means the total quipmeni, &&tired under the appliae administrative regulations .h 

401 Chapters 50-65. used to sample, to condition (i applicable). to 

analyze, and to provide a permanent rewrd of emissions or 

process parameters. ' 

(22) 'Control device' means equipment such as an Incinerator 

or carbon adsorber used to reduce, by dest~ction or removal, the 

amount of air pollutants In an air stream prior to discharge to the 

ambient air. 

(23) 'Control system' means a combination of one (1) or more 

capture systems and control devices working in concert to reduce 

discharges of pollutants to the ambient air. 

(24) 'Designated representative' means a person authorized 

by the pwner or ooeratorf-] of an affected 

source and of all affected units at the source, as evidenced by a 

certificate of representation submitted to the U.S. EPA in accor- 
dance with 40 C.F.R. 72.20(b), to represent and legally bind each 

owner and operator, as a matter of federal law, in all matters pertaining to the Acid Rain Pmgram. In matters relating to the acid 

rain porkion of a Title V permit, the term 'responsible officialm& 

defined in this section. means the designated representative. 

(25) 'Draft permir means the version of a federally enforceable 

permit, which the cabinet offers for public review and any appliible affected state review. 

(26) 'Dmm mix plant' means a source or affected facility that 

produces hot mix asphalt by heating, drying, and mirdng the aggregate with asphalt cement in one (1) operation. 

(27) "Emergency" means a situation arising fmm a sudden and 

reasonably unforeseeable event beyond the control of the source 

that:lW%t?+] ' (a) Requires immediate corrective action to restore normal 

operation; 

(b) Causes the source to exceed a technology-based emission 

limitation in the permit due to unavoidable increases in emissions 

attributable to the emergency; and 

(c) L&&W] not include noncompliance caused by improperly designed equipment, lack of preventive maintenance, careless or improper operation, or operator error. 

(28) 'Emission standard' means the numerical emression of 

auantitv oer unit of time or other Darameter that limits the amount 

of a reoulated air wllutant that a source or emission unit is allowed 

to emit to the ambient air. 

{{or 

activitv of a source. that emits or has the wtential to emit a reaulated air wllutant and does not alter the definition of the term 'unit' 

as used in the Acid Rain Pmaram. 

({a 

Source as orescribed in 401 KAR 50:038. made effective Aoril 12, 

IgSg.FF"'"'^".m 

. . -1 

(31) 'Enforceable as a practical matter' means that the emission or other standards contained in a permit or compliance schedule include: 

(a) Technically accurate emission standards and the portions 

of the source that are subject to the standards; 

(b) A time period adequate to demonstrate compliance with the 

standards; and 

(c) The method the source will use to achieve and demonstrate 

compliance with the standards. including appropriate monitoring, 

recordkeeoino. and rewrtino. 

VOLUME 37, NUMBER 2 - AUGUST 1,2010 

- 470 - 

(lo 

42 U.S.C. 7412; 

(el A standard or reauirement of the Acid Rain Propram: 

if) A reauirement established oursuant to 42 U.S.C. 7414(a)(31 

or 7661dbl for monitorina and comDliance certification; 

(a) A national ambient air aualitv standard or increment or 

visibilitv reauirement oursuant to 42 U.SC. 7470 to 7492 for a 

temwraw source oermitted ounuant to 42 U.S.C. 7661del; 

Ih) A standard or other reauirement for consumer and comfifi 

pursuant to 42 U.S.C. 751 1 b(0: and 

!jl A standard or other reauirement to orotect stratosoheric 

oe 

U.S. EPA determines that those reauirements need not be contained in the aermit.[p 

-1 

(35) 'Final permit" means: 

(a) For a federally enforceable permit, the version issued by 

the cabinet that has completed all the applicable review procedures of 401 KAR 52.100 and for which a final determination has 

been madeA7] 

(b) For a state-origm permit, the version that meets the applicable provisions of 401 KAR 52:040, and for which a final determination has been made. 

(36) 'Fixed capital cost"means the capital needed to pmvide 

all the depreciable components. 

(37) 'FuelWeans natural gas: oetmleum: ml: woodIm 

,I or a form of solid, liquid, or gaseous fuel 

materials for the purpose of creating useful 

heat. 

(38) 'Fugitive emissions' means those ernlsslons that could 

not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. 

(39) 'Hazardous air pollutanr or "HAP" means a pollutant 

listed pursuant to 42 U.S.C. 74120). 

(40) 'Hot mix asphalt plant" means a stabonaty source or portable affected facility that manufactures hot mix asphalt by heating 

and drying aggregate and mixing it with asphalt cements. 

(41) 'Hydrocarbon' means an organic compound consisting 

predominantly of carbon and hydrogen. 

(42) 'Incineration' means the pmcess of igniting and burning 

solid, semisohd, liquid, or gaseous combustible wastes. 

(43) 'Intermittent emissionsS means emissions of particulate 

matter Into the open air from a pmcess that operates for less than 

(32) "'Eq&alent metho% is defined bv 40 C.F.R. 60.2. For 

pumoses of this definition. "administrator" means both the U.S. 

- 

EPA and the cabinet.'- 

f2eFmm&] 

(33) 'Exempt compound" or 'exempt solvent' means an organic compound listed in the definition of volatile organic compound as 

not participabng in atmospheric photochemical reactions. 

(34) 'Federallv enforceable rmuiremenr means an item soecified in this subsectton as it amlies to an emission unit at a swrce 

subiect to 40 C.F.R. Part 70. indudina a reauirement orornulclated 

woroved bv the U.S. EPA in coniunction with the oermit issuance but which has future-effective comoliance dates. 

fi 

lal A standard or reauirement in the SIP that imolements the 

mrnulaated at 40 C.F.R. Part 52, 

fb) A term or condition of a oreconstruction omit issued oursp 

yant to 42 U.S.C. 7401 to 7515; 

({ 
VOLUME 37, NUMBER 2 -AUGUST 1,2010 

any six (6) consecutive minutes. 

(44) 'KyEIS' means the Kentuckv Emissions Inventow Svs- .. . . . tem. 

(45) 'Major source' is defined bv 40 C.F.R. 70.2. For oumses 

of 401 KAR Cha~ter 52. 'subied to reaulation: is defined bv this 

&ministrative reaulation'.[p 

... -1 

(46) 'Major source threshold' means PTE: 

(a) For HAPs: 

1. Ten (10) tons per year or more of a single HAP; 

2. Twenty-five (25) tans per year or more of wmbined HAPs; 

or 

3. A lesser quantity that the U.S. EPA establishes in a final 

~lemaking; or 

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

than HAPs, except that 

1. For ozone nonattalnment areas: 

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

nitrogen oxides in areas classified as marginal Or moderate; 

b. Fifty . (50) tons per year or more in areas classified as se- . . - 

rious; 

c. Twenty-five (25) tons per year or more in areas dassified as 

severe; or 

d. Ten (10) tons per year or more in areas classified as extreme; 

2. Fii (50) tons per year or more of carbon monoxide for carbon monoxide nonattainment areas that are classified as serious 

and in which stationary sources contribute significantly to carbon 

monoxide levels; or 

3. Seventy (70) tons per year or more of particulate matter 

(PMlo) for PMao nonattainment areas classified as serious. 

(47) 'Malfunction' is defined bv 40 C.F.R. 60.2.[wm+a-s& 

-1 

(48) 'Marginal nonattainment county' or 'marginal nonattainment area' means a county or portion of a county designated marginal nonattainment for the [-] national ambient air quality standard for ozone ['i] 

(49) "Minor source' means a stationary source that emits and 

has the potential to emit less than the major source thresholds. 

(50) "Moderate nonattacnment county" or 'moderate nonattainment area" means a county or portion of a county designated 

moderate nonattainment for the [cse+)kw] national ambient air 

oualitv standard for ozonel-1. ' 

(&)&I) "Modification" k defined by 40 c.C.R. 602. 

Lbl Exceutions to the definition of 'modification' are listed in 40 

-- C.F.R. 60.14(e). For aumoses of this definition. "administrator" 

means the cabinet.[- 

(52) 'Modification under iitle I of the A& means a diange at a 

facility that constiMes[wwk%wWk] a modifmtion under 42 

U.S.C. 7470 to 7492 or 42 U.S.C. 7501 to 7515. 

(53) 'Opacity' is defined bv 40 C.F.R. 60.24- 

. . -1 

(54) 'Owner or operator' is defined bv 40 C.F.R. 602.[mean~ 

~ . . ~1 

(55) 'Person' -.[- 

-1 ,# v 

(56) 'Potential to emir or 'PTE" means the maximum capacity 

of a stationary source to emit a pollutant under its physical and 
VOLUME 37, NUMBER 2 - AUGUST 1,201 0 

operational design in which[W]: 

(a) A physical or operational limitation on the capacity of a 

source to emit an air pollutant, induding air pollution control 

equipment and restrictions on hours of operation or on the type or 

amount of material combusted, stored, or processed jSlskidClw] 

treated as part of its design if the limitation is enforceable as a 

practical matter; and 

(b) This definition does not alter or affect the use of this term 

for other purposes of the Act or the term "capacity factor' as used 

in the Acid Rain Program. 

(57) 'Proposed pennit' means the version of a permit tMt the 

cabinet proposes to issue and submit to the U.S. EPA for a fortyfive (45) day review period. 

(58) 'Reconstruction' means the replacement of components 

of an eldsting affected facility to the extent that: 

(a) The fixed capital cost of the new components exceeds fifty 

(50) percent of the tixed capital cost that would be requlred to consbuct a comparable entirely new affected fadliv, and 

(b) It is technologically and economically feasible to meet the 

applicable requirements in 401 KAR Chapters 50 to @.J%] 

(59) "Reference method" means a method of sampling and 

analyzing for an air pollutant as published in 40 C.F.R. Part 50, 

Appendices A to N; 40 C.F.R. Part 53; 40 C.F.R. Part 60, Appendices A and 8; 40 C.F.R. Part 61, Appendix 8; or 40 C.F.R. Part 

63, Appendices A to D. 

(60) 'Regulated air pollutant' means: 

(a) Nitrogen olddes; 

(b) Volatile organic compounds: 

(c) A pollutant for which a national ambient air qual~ty standard 

has been promulgated pursuant to 42 U.S.C. 7409 (Section 109 of 

the Act); 

(d) A Class I or Class iI substance subject to a standard promulgated or established pursuant to 42 U.S.C. 7671 to 7671q (Title 

VI of the Act); 

(e) A pollutant subject to a standard promulgated pursuant to 

42 U.S.C. 741 1: 

(f) A hazardous air pollutant (HAP) subject to a standard or 

other requirement established pursuant to 42 U.S.C. 7412. 

(61) 'Renewal' means the process by which a permlt Is reissued at the end of its ~ermit term. 

(62) '~es~onsibld official' is defined bv 40 C.F.R. 70.2.I~ . . Pr- 

-1 

(63) 'Sectron 502(b)(10) changes' means changes that contravene an express perm* term and does not indude changes that 

would violate applicable requirements or contravene federally enforceable perrnit terms and conditions that are monitoring (induding test methods), recordkeeping, reporting, or compliance certification requirements. 

(64) 'Shutdown' means the cessation of an operation. 

(65) 'Source' means one (1) or more affected facilities contained within a given contlguous property line, which means the 

properly is separated only by a publlc thoroughfare, stream, or 

other right of way. 

(66) 'Standard' means an emission standard, a standard of 

performance, or an ambient air quality standard promulgated In 

401 . . KAR Chaoters 50 to 651'h^- 

hdwdedk] Quality or the emission control requirements ne 

cessary to comply with 401 KAR Chapter 51. 

(67) 'Start-up' or 'startu~' means the setting in operation of an 

affected facility. 

(68) 'State implementation plan' or 'SIP" means the moat 

recently prepared plan or revision required by 42 U.S.C. 7410, 

mwkisk] has been approved by the U.S. EPA. 

(69) 'State-origin permit' means a permit that is issued pursuant to 401 KAR 52040 and is not federally enforceable. 

(70) 'State-origin requirement' means an applicable requirement contained in 401 KAR Chapters 50 to 65, which is not mandated by the Act and is not federally enforceable. 

(71) 'Stationary source" means a building, StNcture, affected 

facility, or installation that emits or may emit a regulated air pollutant. 

(72) 'Subiect to reaulation" is defined bv 40 C.F.R. 70.2 for the 

Title V oroeram. 

a Ttie V permit' means a permit issued under Kentuckv's 

Title V oroaram. 

n4Nr 

49@& 

tTafJ 'Title V program' means a state operating permit program 

approved by the U.S. EPA pursuant to 42 U.S.C. 7661 to 7661f 

mtle V of the Act). 

@)&4)] '~dtal suspended particulates" or 7SP" Is defined by 

40 C.F.R. 51.100(ss). 

tZtij] 'Tpf means ton per year. 

m-1 "US. EPA" means the U.S. Enviromental Protection 

Agency. 

m-1 'Volatile organic compound' or 'VOC" is defined 

~i-& C.F.R. 51.100(s).- 

a@l+] 'Waste oil' means a petroleum based or synthetic oil 

such as an enaine lubricant enoine oil. motor oil. or lubricatino oil 

for use in an lkemal cornbusti& engine, or a lubricant for mhr 

transmissions, gears, or axles which through use, storage, or handling has become unsuitable for its original purpose due to the 

presence of impurities or loss of original properties. 

LEONARD K. PETERS, Secretary 

APPROVED BY AGENCY: July 14,2010 

FILED WITH LRC: July 14,2010 at 3 p.m. 

PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A 

public hearing on this administrative regulation shall be held on 

August 24. 2010. at 2 p.m. (local time) in Conference Room 201 B 

on the first floor of the Division for Air Quality at 200 Fair Oaks 

Lane, Frankfolt, Kentucky. Individuals interested in being heard at 

this hearing shall now this agency five (5) workdays prior to the 

hearing of their intent to attend. If no notification of intent to attend 

the hearing is received by that date, the hearing may be canceled. 

This hearing is open to the public. Any person who wishes to be 

heard shall be glven an opportunity to comment on the proposed 

administrative regulation. If you do not wish to be heard at the 

public hearing, you may submit written comments on the proposed 

administrative regulation. Written comments shall be accepted until 

dose of business on August 31,2010. Send written notiflcatian of 

intent to be heard at the public hearing or written comments on the 

proposed administrative regulation to the contact person lited 

below. The hearing facility is accessiMe to persons with disabilities. 

Requests for reasonable accommodations, induding auxiliary aids 

end services necessary to participate in the hearing, may be made 

to the contact person at least five (5) workdays prior to the heariflg. 

CONTACT PERSON: Laura Lund. Environmental Technologis4 

11, Division for Air Quality, 1st Floor, 200 Fair Oaks Lane, Frankfort, 

Kentucky 40601. phone (502) 564-3999, ext. 4428, fax (502) 564- 

4666, email Laura-Lund@ky.gov. 
1' Contact person: Laura Lund, Environmental Technologist I1 

(1) Provide a brief summary of: 

(a) What this administmtive regulation does: This administrative regulation defines the terms used in 401 KAR Chapter 52. 

@) The necessity of this administrative regulation: This administrative regulation provides dear and consistent definitions for 

tenns used in 401 KAR Chapter 52. 

(c) HOW this administrative regulation conforms to the content 

of the authorizing statutes: The statutory authority for this regulation is given in KRS 224.10-100(5), which provides the cabinet the 

authority, power, and duty to prevent and control air pollution. KRS 

224.10-100(26) requires the cabinet to issue regulations that are 

no more stringent than federal requirements. The definitions contained in thin administrative regulation are not more stringent or 

otherwise different than the corresponding federal definitions. 

(d) How this administrative regulation currently assists or will 

assist in the effective administration of the statutes: 

This administrative regulation assists the public and the regulated 

community by providing dear and consistent definitions for terms 

used in 401 KAR Chapter 52. 

(2) If this is an amendment to an existing administrative regulation, provide a brief summary of: 

(a) How the amendment will change this existing administrative 

regulation: This amendment revises definitions to reflect amendments made to the New Source Review (NSR) program at the 

federal level. The Prevention of Significant Detenoration and Title 

V Greenhouse Gas Tailoring Rule (Tailoring Rule), published as a 

fnal rule on June 3. 2010, amends and creates definitions that 

significantly impact the Prevention of Significant Deterioration 

(PSD) and Title V permitting programs. The amendments are to 

the definitions for 'Regulated NSR pollutant', which indudes 

greenhouse gases (GHGs) as a regulated NSR pollutant under the 

Clean Air Act 'Major source'. which indudes air pollutants subject 

to regulation; and the inclusion of a definition for 'Subject to regulation", which includes the greenhouse gas emission thresholds to 

trigger PSD and Title V permitting. 

(b) The necessity of the amendment to this administrative 

regulation: The definition amendments are necessary at the state 

level to ensure consistency between state and federal programs. 

The Tailoring Rule establishes January 2,201 1, as the bigger date 

for GHGs to become regulated. If Kentucky's State lmplementation 

Plan (SIP) is not revised by that date to include these requirements, the SIP will be found deficient, and the US. EPA will have 

authority to issue a Federal lmplementation Plan (FIP). Serious 

consequences of a FIP include loss of PSD and Tile V program 

approvals and loss of federal highway funds. EPA clearly states 

their intent in the preamble to the final rule, 'For any state that 

la& the ability to issue PSD or Title V permits for GHG emissions 

sources consistent with the final rule, we [EPA] intend to undertake 

a separate action to call for revisions to these programs. We [EPA] 

also intend to move quickly to impose a FIP for PSD through 40 

C.F.R. 52.21, and use our federal Title V authority to ensure that 

GHG sources will be permitted consistent with the final rule.' This 

amendment also darifies that small businesses will not be regulated solely because of their greenhouse gas emissions by tailoring 

the threshold limits. 

(c) HOW the amendment wnforms to the content of the authorizing statutes: KRS 224.10-100(26) requires the cabinet to issue 

regulations that are no more stringent than federal requirements. 

This amendment maintains consistency with corresponding federal 

definitions affecting Kentudqfs PSD and Title V permitting programs. 

(d) How the amendment will assist in the effective administration of statutes: This amendment will prcvide dear and wnsistent 

definitions of terms used in 401 KAR Chapter 52 to prevent and 

control air pollution. 

(3) List the type and number of individuals, businesses, organizations, or state and local governments affeded by this administrative regulation: Any facility with the capacity to emit greenhouse 

gases at or above the thresholds spedfied in the GHG Tailoring 

Rule, which changes to 401 KAR 52:001 incorporate, would be 

affscted by the changes to this regulation. This includes PSD and 

VOLUME 37, NUMBER 2 -AUGUST 1,2010 

- 473 - 

Title V swrces of greenhouse gas emissions but does not affect 

smaller emitters of greenhouse gases. EPA has estimated that 

wiM the Tailoring Rule there would be 82,000 permitting actions 

nationwide per year necessary to address greenhouse gas emissions, but with the implementation of the rule that number is reduced to 1,600 nationwide. The Division for Air Quality has estimated this regulation change to affect 30 - 40 permiffing actions 

per year in Kentucky. If these amendments are not made, the U.S. 

EPA will find Kentucky's SIP defident and exercise their authority 

to issue a construction ban to prevent the construction or modification of a major emitting facility (pursuant to CAA $167) until a FIP is 

issued. 

(4) Provide an assessment of how the entities identified in 

question (3) will be impacted by either the implementation of this 

administrative regulation, if new, or by the change if it is an 

amendment: Changes to the current regulation will indude the 

regulation of greenhouse gas emissions. For those sources ernitting at or above the major source threshold for greenhouse gas 

emissions, new permits will have to be issued. 

(a) List the actlons that each of the regulated entities identified 

in question (3) will have to take to comply with this administrative 

regulation or amendment: Sources permitted under the Title V 

program will have to submit a permit application identifying and 

reporting the emissions but there wll be no new requirements or 

standards imposed on the source. Sources permitted under the 

PSD program will have to submit a permit application including 

Best Available Contrd Technolcgy (BACT) review for greenhouse 

gas emissions. 

(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identifM in question (3): There are no emission fees associated with the regulation 

of greenhouse gas emissions. For those sources that must provide 

a BACT analysis, there is the additional cost to meet the requirements of the BACT determination. Additionally, sources required to 

obtain a new permit will have the expense of completing a permit 

application. EPA has estimated that a Title V permit application for 

greenhouse gas sources would cost each source, on average, 

between $23,200 and $46,400. 

(c) As a result of compliance, what benefits will accrue to the 

entities identified in question (3): These major sources will remain 

in compliance with state and federal regulations. 

(5) Pmvide an estimate of how much it will cost the administratlve body to Implement this administrative regulation: 

(a) Initially: The indusion of greenhouse gases in stationary 

source permits will require the Division for Air Quality to expand 

staff to review the increased permit load and inspect changes 

made to sources as a result of thii regulation. 

(b) On a continuing basis: The cabinet must maintain the additional staff in order to handle the increase in permit issuance. EPA 

has estimated that a Title V permit application for greenhouse gas 

sources would cost a permitting authority, on average, between 

$9,844 and $19,688 to process each source permit. 

(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: Any 

additional expense incurred by the Division for Air Quality to regulate greenhouse gas emissions would be paid for thmugh Title V 

emission fees. The cabinet is not requesting additional general 

funds for the implementation and enforcement of the regulation. 

(7) Pmvide an assessment of whether an increase In fees or 

funding will be necesstuy to implement this administrative regulation, If new, or by the change if it is an amendment. The cabinet is 

not requesting additional general funds for the implementation of 

this administrative regulation. However, Tie V emission fees may 

ba impacted by the implementation of this administrative regulation. 

(8) State whether or not thii administrative regulation established any fees or directly or indirectly increased any fees. This 

administrative regulation does not establish fees, but as stated 

above in (7). Tie V emission fees may be Impacted. 

(9) TIERING: is tiering applied? Yes. The Tailoring Rule 

amends the threshold of greenhouse gas emission levels subject 

to regulation. This tiering revision was necessary to prevent small 

businesses and individuals from becoming suqect to permitting 

requirements solely due to greenhouse gas emissions. 
VOLUME 37, NUMBER 2 - AUGUST 1,2010 

FEDERAL MANDATE ANALYSIS COMPARISON 

1. Federal Statute or regulation constituting the federal 

mandate. As a SIP-approved state for the PSD pmgram under 40 

C.F.R. 51.166, recent changes in the federal PSDINSR and Title 

V programs make it necessary to revise the regulation in order to 

maintain federal approvability. Failure to do so will result in a 

Federal Implementation Plan. 

2. State compliance standards. The state compliance standards are found in KRS 224.10-lOO(5). 

3. Minimum or uniform standards contained in the federal 

mandate. Changes in the federal definitions for this program 

necessitate changes in the state definibons. 

4. Will this administrative regulation impose stricter requirements, or additional or different respansibillties or requirements, 

than those required by the federal mandate? No 

5. Justification for the imposition of the stricter standard, or 

additional or different responsibilities or requirements. The definitions contained in this administrative regulation are not more 

stringent or otherwise d~fferent than the corresponding federal 

definitions. 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT 

1. Does this administrative regulation relate to any pmgram, 

sewice, or requirements of a state or local government (including 

cities, counties, fire departments, or school districts)? Yes 

2. What units, parts or divisions of state or local government 

(including cities, counties, fire departments, or school districts) 

will be impacted by this administrative regulation? This administrative regulation impacts the Division for Air Quality as the applicability of other administrative regulations is altered. Any state or 

local government that emits greenhouse gases in the thresholds 

subject to the PSD or Title V permitting programs would be required to obtain a permit from the Division for Air Quality. 

3. Identify each state or federal statute or federal reguiation 

that requires or authorizes the action taken by the administrative 

reguiation. KRS 224.10-100(5), (26); 42 U.S.C. 7401, 7410, 

7471, 7607; 40 C.F.R. 51.166. 

4. Estimate the effect of this administrative regulation on the 

expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) 

for the first full year the administrative regulation is to be In effect. 

(a) How much revenue wiil this administrative regulation 

generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? This 

adminlstrative regulation does not generate revenue, but Title V 

fees may be impacted by the implementation of this regulation. 

(b) How much revenue wiil this administrative regulation 

generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? 

This administrative regulation does not generate revenue, but 

Title V fees may be impacted by the implementation of this regulation. 

(c) How much will it cost to administer this program for the 

first year? The U.S. EPA has estimated that it wiil cost the permitting authority between $9,844 and $19,688 per permit issued, 

and the Division for Air Quality has estimated 30 - 40 permit actions per year. Therefore, it is estimated that an increase of between $300,000 and $800,000 will be necessary to operate this 

program. 

(d) How much will it cost to administer this program for subsequent years? The U.S. EPA has estimated.that it wiil cost the 

permitting authority between $9,844 and $19,688 per permit issued, and the Division for Air Quality has estimated 30 - 40 permit actions per year. Therefore, it is estimated that an increase of 

- between $300,000 and $800,000 will be necessary to operate 

this program. 

JUSTlCE AND PUBLIC SAFEN CABINET 

Office of the Secretary 

(Amendment) : 

500 KAR 2020. Filing and processing SLEO commissions. 

RELATES TO: KRS 61.900-61.930 

STATUTORY AUTHORITY: KRS. 61.904 

NECESSITY, FUNCTION, AND CONFORMITY: KRS 61.904 

authorizes the Secretary of the Justice and Public Safety Cabinet 

to promulgate administrative regulations that are reasonable and 

necessary to carry out the provisions of KRS 61.900 to 61.930. 

Thls administrative regulation establishes the criteria and pmedures required for filing and processing applications for comrnissions to be a special law enforcement officer. 

Section 1. Definitions. (1) 'Cabinet" means the Justice and 

Public safety Cabinet. 

(2) 'SLEO Act" means the Special Law Enforcement Officer 

Act found in KRS 61.900 to 61.930. 

13) 'SLEO oroaram administrator' means the oerson desionated or appoint& bj the Secretary of the Justice and Public Gfety 

Cabinet to administer the Special Law Enforcement Officer Program whose address is: SLEO Program Administrator, Justice and 

Public Safety Cabinet whose address is: SLEO Program Administrator, Justice and Public Safety Cabinet, 125 Holmes Street, 

Frankfort. Kentucky 40601. 

Section 2. Qualifications to Apply for Commission as a Special 

Law Enforcement Officer. To qualify for a commission as a special 

law enforcement officer pursuant to KRS 61.900 to 61.930, an 

individual shail comply with the conditions and requirements set 

forth in KRS 61.906. 

Section 3. Application for Commission as a Special Law Enforcement Offcer. (1) An applicant shail meet all of the requirements of the SLEO Act before a commission is granted. 

(2) An applicant shall provide to the govemmental unlt two (2) 

complete signed and notarized SLEO Application Forms (SLEO-1). 

(3) The governmental unit shall submit both application forms 

to the Justice and Public Safety Cabinet SLEO Program Administrator. 

(4) The application forms shall contain the following information: 

(a) The name, address, telephone number, and detailed personal description of and information about the applicant; and - (b) Ail arrests and convictions, including traffic offenses cornviolations, misdemeanors, or 

felonies as requested on the application and any other information 

necessary to conduct a criminal history check. 

15) Anv false, misleadina, or withholdina of information requested onthe application oriy the cabinet i&stlgator ~G~MU] 

be grounds for rejection without further consideration. 

Section 4. Additional Requirements. (1) In addition to the application form, an applicant shall provide to the govemmental unit 

who shall submit to the SLEO Pmgram Administrator the following 

with his or her application: 

(a) A copy of the appiids high school diploma or GED; 

(b) A cerlified copy of the applicant's birth certificate; 

(c) Two (2) recent photographs of the individual (full face) 

measuring not larger than three (3) inches by five (5) inches and 

taken within the last thirty (30) days of the date the application is 

submiied; 

(d) If the applicant is a veteran, a copy of his or her military 

release (Form DD-214); 

[e) An Authority to Release information Form, SLEO-2, wMch 

allows the release of all necessary information to the SLEO program administrator. It shall be signed by the applicant and witnessed by a second person; 

(9 A Letter of Intent Form, SLI3-3, completed by the govemmental unit giving the name of the applicant, the spedfic public 

properly to be pmtected, and the signature of the authorizing official of the requesting governmental unit; 
From: Lund, Laura (EEC) 

Sent: Friday, August 06,2010 11:30 AM 

To: Compiler, Regs (LRC) 

Cc: Gowins, Lora (EEC); Smith, Andrea (EEC) 

Subject: August 201 0 ARK Corrections 

Attachments: August ARK Corrections.doc 

Hi Emily, 

A few errors were found in this month's ARK in the Division for Air Quality's 

regulations. I have attached a list of corrections we would like made. 

Thank you, 

Laura Lund 

Laura Lund, Environmental Technologist I1 

Kentucky Division for Air Quality 

Program Planning & Administration Branch 

Regulation Development Section 

Phone: (502) 564-3999, ext. 4428 
August 2010 ARK Corrections to be Made 

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

Section l(34) 

After "(34)", insert ""cfm"". 

Delete ""Cfm"". 

Section l(59) 

After "(59)", insert ""dscf"". 

Delete ""Dscf "'. 

Section l(60) 

After "(60)", insert ""dscm"". 

Delete ""Dscm". 

Section l(85) 

After "(85)", insert ''Y. 

Delete ""Gr"". 

Section l(126) 

After "(126)", insert "'J&'". 

Delete ""Ug"". 

Section l(127) 

After "(127)", insert ""mg"". 

Delete ""Mg"". 

Section l(200) 

After "(200)", insert ""~sia"". 

Delete ""Psis"". 

Section l(237) 

After 

Delete 

"(237)", 

""Tpy"". 

insert "r. 

Section l(247) 

After "(247)", insert "ccyd"". 

Delete ""Yd. 

Public Hearing and Public Comment Period 

After "(502) 564-4666, email", delete "mailto". 
401 KAR 52:OOl. Definitions for 401 KAR Chapter 52. 

Section l(6) , 

After "means", insert ''a" 

Section l(12) 

After "For", insert "p~rposes'~. 

Delete "purposed". 

Section l(21) 

After "regulations in 40lY', insert the following: 

KAR Chanters 50 to 65 

Delete "Chapters 50-65". 

Section l(37) 

After "coal; wood", insert semicolon. 

Section l(45) 

After "to regulation", insert closed quotations. 

Delete colon. 

After "administrative regulation", delete closed quotations. 

Section l(66) 

After "-]", delete "Quality". 

Section l(76) 

After "-I", insert "r. 

Delete ""Tpy"". 
PUBLIC COMMENT PERIOD 
Steven L. Beshear 

Governor Energy and Environment Cabinet 

Department for Environmental Protection 

Division for Air Quality 

200 Fair Oaks Lane, 1st Floor 

Frankfort, Kentucky 40601 -1403 

www.air.ky.gov 

August 25,2010 

Ms. Emily Caudill 

Regulations Compiler 

Legislative Research Commission 

Capitol Annex Room 029 

Frankfort, Kentucky 4060 1 

Dear Ms. Caudill: 

Leonard K. Peters 

Secretary 

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

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

comments during the public hearing that was held on August 24, 2010. Comments were not 

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

public comment period. The hearing agenda included the following administrative regulations, 

filed with your office on July 14, '2010, and published in the August 1, 201 0, Administrative 

Register of Kentucky. 

401 KAR 51:OOl. Definitions for 401 KAR Chapter 51. (Amendment) 

401 KAR 52:OOl. Definitions for 401 KAR Chapter 52. (Amendment) 

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

questions arise concerning the administrative regulations or the public hearing. 

Sincerely, 

Laura Lund 

Environmental Technologist I1 

Regulation Development Section 

An Equal Opportunity Employer M/F/D 

-- 
4'" UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 4 

ATLANTAFEDERALCENTER 

61 FORSYTH STREET 

ATLANTA, GEORGIA 30303-8960 

August 19,2010 

John S. Lyons, Director 

Kentucky Energy and Environment Cabinet, 

Division of Air Quality 

200 Fair Oaks Lane, 1' Floor 

Frankfort, Kentucky 40601 - 1403 

Dear Mr. Lyons: 

The Region 4 Office of the Enviromenta1 Protection Agency (EPA) received the 

Kentucky Division of Air Quality's July 15,2010 prehearing submittal proposing revisions to the 

Kentucky State Implementation Plan regarding Greenhouse Gas provisions as amended in the 

June 3,2010 Tailoring Rule. These amendments revise the definitions in 401 Kentucky Air 

Regulations (KAR) Chapter 5 1:001 and 52:001 -Attainment and Maintenance of the National 

Ambient Air Quality Standard and Permits, Registration and Prohibitory Rules - Defiitions, 

respectively. We have completed our review and have the comment below regarding revisions 

to 410 KAR 51:001 Section 1 (go)@) and (c) to incorporate amendments from the Fugitive 

Emissions Rule. 

On March 3 1,2010, EPA stayed the Fugitive Emissions Rule (73 FR 77882) for 18- 

months to October 3,201 1, to allow the Agency time to propose, take comment and issue a hal 

action regarding the inclusion of fugitive emissions in new source review applicability 

determinations. Therefore, the 40 CFR Part 5 1 and 52 administrative regulations that were 

amended for the Fugitive Emissions Rule, are stayed through October 3 1,201 1. Pending final 

resolution of the issues regarding the Fugitive Emissions Rule, we will make a fmal 

determination on action regarding this portion of your SIP revision request. 

We appreciate your transmittal of this package for our consideration. If you have any 

questions, please contact Lynorae Benjamin at (404) 562-9040, or have your staff contact 

Twunjala Bradley of the EPA Region 4 staff at (404) 562-9352. 

Sincerely, 

Chief 

Air Plauning Branch 

Enclosure 

cc: Laura Lund, KDAQ 

Internet Address (URL) http://www.epagov 

R*cYCl~*cyclrble .Ptlnted wllh Vegetable 08 Based Inks on Req*d Paper (Minimum 30% Poslcanwmer) 
DinsmomShohlLLP 

ATTORNEYS AUG 2 . , 

Lloyd R Cress, Jr. 

502-352-4612 

~sty.CIeSS@din~la~.~~m 

August 30,2010 

Laura Lund, Environmental Technologist I1 

Division for Air Quality 

lSt Floor, 200 Fair Oaks Lane 

Frankfort KY 40601 

RE: Kentucky Association of Manufacturers 

Comments on Proposed Amendments to 

401 KAR 5 1 :001 and 401 KAR 52:OOl 

Dear Ms. Lund: 

Enclosed please find the comments of Kentucky Association of Manufacturers with respect 

the abovereferenced proposed ahinistrative regulations. If you have questions, please do not 

hesitate to contact me. 

Sincerely, 

Lloyd R. Cress, Jr. 

cc: C. Gregory Higdon 

R Bruce Scott 

John S. Lyons 

314 West Main Street hanldorf KY 40601 

502.352.46lO 502.352.4609 fax www.dinslawwm 
Comments of Kentucky Association of Manufacturers 

Proposed Amendments to 401 KAR 51:001 and 401 KAR 52:001 

August 30,2010 

Established in 191 1, the Kentucky Association of Manufacturers ("KAM") is the Commonwealth's 

oldest industrial trade association. The Association's mission is to raise the prosperity of all 

Kentuckians by protecting and growing the Commonwealth's economic engine, manufacturing. 

KAM seeks to enhance the competitiveness of manufacturers by shaping a legislative and regulatory 

environment conducive to economic growth, and to increase understanding amongpolicymakers, the 

media, and the general public about the importance of manufacturing to America's economic 

strength. KAM supports environmental programs that are based on sound science, consider costbenefit relationships, and consider technical and economic feasibility. KAM appreciates the 

opportunity to submit the following comments regarding the Energy and Environment Cabinet's 

(Cabinet") proposed amendments to the abovereferenced regulations. 

General Comments 

Shortly after the current federal administration took office in January 2009, there was a clear change 

in the way that the United States Environmental Protection Agency ("U.S. EPA") viewed the 

manufacturing and business community, as well as the role of states in the administration of 

environmental protection requirements. This new approach has been strikingly negative and 

aggressive. This has been evident in U.S. EPA1s approach to the regulation of Greenhouse Gases 

("GHGs"). 

US. EPA's inappropriate regulation of GHGs has been calculated, swift, and decisive. U.S. EPA's 

intent to regulate GHGs was well-entrenched before the endangennent finding provided an alleged 

legal basis to regulate GHGs. The "Tailoring Rule" was in draft form months before the 

endangerment finding was published in December 2009. The endangerment finding relied heavily 

on data hm the IPCC Fourth Assessment Report, which, in turn, relied on data hm the University 

of East Anglia's Climatic Research Unit ("CRU"). The CRU data and the endangerment find'i 

have recently been challenged by several industry groups after evidence indicated that global 

temperature data had beenmanipulated. U.S. EPA has dismissed these challenges, asserting that the 

filings "provide no evidence to undermine our determination" that GHGs are a threat to health and 

welfare. The legitimacy of the endangerment finding will be ultimately decided by the court system; 

until the courts decide or Congress takes action, the business community, and the economy, will 

continue to be paralyzed by U.S. EPA's GHG agenda. 

U.S. EPA's poorly-based attempt to regulate GHGs is yet another attack on industry in Kentucky. 

From its inception, this administration has waged a war on all of Kentucky's energy businesses 

including the coal industry and businesses utilizing coal for energy. With the delay of mining 

pennits, rules to unreasonably strengthen regulation of sulfur dioxide, and rules to impose excessive 

limits on coal-jired boilers, U.S. EPA has Kentucky's economy squarely within its crosshairs. 
Finally, U.S. EPA's activities have taken place in direct contravention of a healthy federal-state 

relationship. The agency's overreaching has not been in concert, and often in conflict, with states' 

views. 

The Tailoring Rule 

The Tailoring Rule is the first GHG regulation with significant impact. on the regulated community 

and the states administering the programs. It is a far-reaching program, which currently only 

addresses two stages of regulation, but outlines the framework for ratcheting down thresholds to 

include smaller GHG sources in the future. It is yet to be determined what Best Achievable Control 

Technology ("BACT") for GHGs will be, but, based upon today's technology, it is clear that 

manufacturers will be unalterably harmed in attempting to control GHGs. In fact, U.S. EPA has 

provided no methodology to provide an estimate of emissions reductions, if any, associated with 

GHG regulation or any means to provide an estimate of the costs of BACT controls. Without these, 

it is questionable whether the Cabinet can meet its statutory obligations under KRS Chapter 13A 

related to cost estimations. 

The Tailoring Rule redefines the Prevention of Significant Deterioration and Title V permitting 

programs to regulate GHGs at thresholds that are not supported by the Clean Air Act. The CAA was 

never contemplated as a vehicle to regulate GHGs and is not suited for that purpose. Several states 

and private entities have filed lawsuits challenging the Tailoring Rule. Kentucky's manufacturing 

community is disappointed that the Commonwealth did not join the challenges. KAM is also 

disappointed that the Cabinet chose to move forward with the adoption ofthe Tailoring Rule without 

providing aggressive feedback to U.S. EPA protestingtheunwan-anted imposition ofthe program on 

businesses and government within the Commonwealth. By the Cabinet moving forward at the 

current pace (following U.S. EPA1s arbitraryS self-imposed deadlime which is contrary to the Clean 

Air Act), Kentucky businesses are placed in the untenable position of being subject to a state 

requirement which is based upon a federal regulation that will likely be overturned. 

KAM understands and appreciates the Cabinet's interest in maintaining primary authority for issuing 

permits in the state. The avoidance of a dual permitting program for Kentucky stationary sources is 

critical to the manufacturing community. To that end, KAM reluctantly does not oppose, but does 

not support, the Cabinet's adoption of the Tailoring Rule in 401 KAR 5 1:OOl and 401 KAR 52:001 

and urges the Cabinet to adequately address the legal concerns addressed in this communication. 

However, KAM urges the Cabinet to voice its @leasure with the regulation of GHGs and Tailoring 

Rule to U.S. EPA in the strongest terms possible. KAM requests that the Cabinet support other 

states that have filed challenges to the rule by participating as amicus curiae in those suits. In 

addition, KAM requests that the Cabinet communicate with U.S. EPA in writing to express the 

Commonwealthk objection to the regulation of GHGs andU.S. EPA's heavy-handed tacticsutilized 

in imposing these requirements on unwilling states. KAM further insists that the Cabinet confirm in 

its Statement of Consideration to the proposed regulations that the Cabinet will, if the federal 

Tailoring Rule is withdrawn, stayed, or otherwise held to be invalid, deem the rule ineffective in 

Kentucky due to statutory "no more stringent" provisions and take subsequent action to withdraw or 

repeal the amendments. Finally, KAM requests that changes discussed in the Specific CO~~ll~lents 

below be made to the regulatory package. 
Specific Comments 

KAM submits the following specific comments on the proposed amendments to 401 KAR 5 1:OOl 

and 401 KAR 52:OOl: 

The Regulatory Impact Analysis for the proposed changes provides that the proposed 

amendments are being promulgated in order to adopt changes that are necessary as a result of 

the U.S. EPAPrevention of Significant Deterioration and Title V Greenhouse Gas Tailoring 

Rule. Consistent with this stated purpose, KAM submits that only those changes necessary 

as a result of the Tailoring Rule should be promulgated by the Division. The Division has 

proposed many revisions not related to the Tailoring Rule that would substitute the current 

narrative definitions found at 401 KAR 51901 and 52001 to simply reference to the 

counterpart federal regulatory definition. In many instances, the wording in the current state 

and federal definitions is different andor has been interpreted in a different manner. As a 

result, and while the Division may not have intended it, these changes, if promulgated, may 

result in substantive changes to Kentucky's definitions. For example, there appear to be 

substantive differences between the current state and federal definitions of the terms "major 

source" and "uilding, structure, facility or installation'' that may impact Kentucky single 

source determinations, ''nmjor modification," "malfUnction," "modification," and "visibility 

impairment." Kentucky's current PSD definitions set out at 51:001 are approved as part of 

the Kentucky SIP and Kentucky's Title V permitting program, including 52001, is also 

already approved by EPA. Accordingly, these changes are not necessary and should not be 

promulgated. 

For those definitions that the Cabinet proposes to change such that only the counterpart 

federal regulation is referenced, the Cabinet has not specified adate for the federal regulation 

incorporated by reference. KAM understands that this "evergreent' approach is intended to 

keep state regulations consistent with the federal regulations without the necessity of 

fiequent state rulemaking to stay current with the federal regulations. However, the 

"evergreen" approach to incorporation by reference of federal regulatory decisions into state 

regulations effectively transfers to U.S. EPA the authority to legislate for Kentucky and to 

determine in the future that conduct which would constitute a violation of state law. Such a 

delegation of state legislative authority is prohibited by Section 29 of the Kentucky 

Constitution. See also Dawson v. Hamilton, 314 S.W.2d 532 (Ky. 1958). KAM submits 

that, if changes to 401 KAR 5 1 :001 and 52:001 are to be promulgated, federal regulations 

incorporated by reference should be identified by reference to their form on a specific date. 

In proposed 401 KAR 52:001 Section 1(3), it is improper to incorporate the federal PSD 

definition of "actual emissions" for purposes of Kentucky's Title V program. NO changes to 

this term are necessitated by the Tailoring Rule and the term should not be changed from its 

current definition. 

KAM requests that the Cabinet confirm that, as provided in the Regulatory Impact Analysis, 

section (4)@), the emission fee requirements set forth at 401 KAR 50:038 will not be 

applicable to emissions of greenhouse gases or C02e. 
KAM requests that the Cabinet confirm in the Statement of Consideration, and specificalty in 

the regulation, that greenhouse gases and/or C02e wouldnot be considered a "regulated air 

pollutant" as that term is defined at 401 KAR 52:001 Section l(60) and thus, even after the 

currently proposed changes, would not be required to be considered when determining 

whether an activity meets the definition of "insignificant and trivial activities" at 401 KAR 

52:020 Section 6. 

The Kentucky Association of Manufacturers respecthlly requests the Cabinet's favorable 

consideration of the foregoing comments. 
Kentucky Chamber 

Uruhw Burvlesk Advanc1"g Kanfuckj! 

COMMENTS BY THE KENTUCKY CHAMBER OF COMMERCE 

PROPOSED AMENDMENTS TO 401 KAR 51 :001 AND 401 KA 

On behalf of the Kentucky Chamber of Commerce and our more than 2700 member 

companies from across the Commonwealth, the Chamber appreciates the opportunity to 

provide these comments for the Cabinet's consideration. 

General Comments 

Pr0~0Sed Adoption of EPA's GHG Tailoring Rule 

The Chamber believes that EPA's actions to regulate greenhouse gas emissions 

(GHGs) under the Clean Air Act are not supported by law and urges the Cabinet and other 

Kentucky officials to aggressively express opposition to EPA's actions, including joining with 

other states in litigation challenging EPA's determinations and rulemakings. EPA's 

implementation of an agenda to force regulation of GHGs using the inappropriate vehicle of the 

Clean Air Act has created the pending harm to the business community that the federal agency 

now cites to support its promulgation of the GHG Tailoring Rule - a rule EPA is using as a tool 

to force states like Kentucky to adopt a program for regulation of GHGs. Unfortunately, unless 

there is judicial or legislative action to correct EPA's course of conduct, the Tailoring Rule is 

available in the short term to mitigate some of the adverse impact on our economy when GHG 

emissions become subject to permitting on January 2, 201 1. 

The Chamber recognizes that the Cabinet has essentially been forced by the federal 

government to propose adoption of the GHG Tailoring Rule. EPA has proposed to issue a SIP 

call affecting Kentucky and 12 other states on the basis that the states lack the authoriiy to 

regulate GHGs. The EPA proposal also would provide for issuance of a Federal 

Implementation Plan (FIP) in the state with EPA as the permitting authority for GHGs until 

Kentucky has submitted a revision to its SIP to regulate GHG emissions in the manner EPA 

desires. Although the Chamber disagrees with EPA's actions, the Chamber supports 

Kentucky's efforts to maintain its status as the permit issuing authority for Kentucky business. 

However, it is critical for the Cabinet to promptly act to repeal its adoption of the federal tailoring 

rule in the event of federal action resulting in elimination of GHG regulation and permitting under 

the Clean Air Act. Such action is in fad required by KRS 13A.120 which prohibits the Cabinet's 

regulations from being more stringent that federal law. Further, the Chamber supports action by 

the Cabinet to obtain delegated authority under an EPA-issued FIP for implementation of GHG 

permitting without submittal of a SIP revision package in the short term. If the Cabinet proceeds 

with a SIP revision it should immediately withdraw the revision request if the federal regulation is 

significantly modified, eliminated or vacated. 

The Chamber is concerned that EPA unexpectedly reversed established government 

precedent and practice on the treatment of carbon dioxide emissions from the combustion of 

biomass without providing adequate public notice in its final version of the Tailoring Rule. The 

rule provides insufficient information on how permitting authorities should consider biomass 

combustion sources for purposes of GHG PSDfritle V permitting. Furthermore, When issuing 
the final statement of the tailoring rule, the EPA stated it does not have enough evidence to 

exclude C02 emissions from biogenic sources at this time- but they recognize the issue 

warrants further explanation and plan to seek further comments on addressing the issue. EPA 

has committed to a process seeking comment on this issue separately while examining ways 

that forthcoming guidance can encourage bioenergy. The Chamber strongly urges the Cabinet 

and the Division for Air Quality to actively engage EPA on this issue and to pursue a policy that 

is beneficial to Kentucky's farmers and forest owners and Kentucky's future as a biomass 

industry leader. 

Incornoration of Federal Regulations bv Reference 

In this rulemaking, as with others, the Cabinet is continuing the practice of incorporating 

federal regulations by reference. Although there can be benefits to this approach, the Cabinet 

must be mindful that there are fundamental differences in the manner in which the federal 

government implements regulatory programs and the way Kentucky agencies must implement 

regulatory programs. For example, the federal agencies generally and EPA in particular rely on 

policies, guidance and memoranda that are not subject to public notice and comment for 

implementation of requirements. Such policy and guidance can also impact federal litigation 

over permits, such as decisions by the Environmental Appeals Board. The Cabinet is prohibited 

from regulating through unpromulgated policy or guidance by state law. KRS 13A.130. These 

distinctions must continue to be recognized as these regulations are used to implement the 

permitting program. 

Specific Comments 

1. The regulatory impact analysis for each proposal relies upon EPA's cost estimates but 

the Chamber submits that these estimates are questionable. For example, BACT for GHGs is 

unknown so that the cost of compliance for regulated entities is not known and this issue is not 

addressed in the regulatory impact analysis (RIA). 

2. Section (4)(b) of each RIA states: 'There are no emission fees associated with the 

regulation of greenhouse gas emissions." Section (6) and Section (7) of the RIA state that 

'[alny additional expense incurred by the Division for Air Quality to regulated greenhouse gas 

emissions will be paid for through Title V emission fees." Please confirm that the emission fee 

requirements of 401 KAR 50:038 will not apply to GHG emissions or C02e. 

3. The definition of "regulated air pollutant" under 401 KAR 52:100 remains unchanged. 

Please confirm that GHGs or C02e are not considered regulated air pollutants for 401 KAR 

Chapter 52, including evaluation of whether activities are classified as trivial or insignificant and 

for purposes of the requirements for state origin and registered sources. 

4. For those definitions where the proposed change is to incorporate a federal regulation by 

reference, no specific date for the regulation being incorporated is provided. Although this may 

be intended as a way to eliminate the need for state regulatory revisions to incorporate 

changing federal requirements, this approach results in a delegation of state power to the 

federal government in violation of Section 29 of the Kentucky Constitution. See also, Dawson v. 

Hamilton, 314 S.W.2d 532 (Ky. 1958). The Cabinet should include the date of the federal 

regulation being incorporated. 
5. The proposed changes to 401 KAR 52:001 incorporate definitions from 40 CFR 60.2 in 

some instances. See, e.g., Section 1 (12) ('alternative method"), (32) ("equivalent method"). 40 

CFR Part 60 contains the federal new source performance standards (NSPS) and is not 

generally applicable to all emission units. Chapter 52 applies to all types of sources including 

sources that are not subject to any federal NSPS. Therefore, a federal NSPS definition should 

not be incorporated by reference. 

6. Similarly, the proposed changes to 401 KAR 51:001 incorporate definitions from 40 CFR 

60.2 in some instances. See, e.g., Section 1 (1 19) ("malfunction"), (136) ("modificationn). 401 

KAR Chapter 50, the chapter that governs the air program generally, already contains a 

regulation addressing malfunctions, 401 KAR 50:055, and a definition is provided in 401 KAR 

50:010. Incorporation of the definitions of the federal NSPS program is not appropriate or 

necessary. Also, the incorporation of the NSPS definition of 'modification" results in a 

substantial change in the regulatory language of the current Kentucky definition and eliminates 

important language excluding certain actions from being classified as modifications, such as 

routine maintenance, repair and replacement. These changes are not addressed in RIA. The 

revisions should not be made unless these concerns are appropriately addressed. 

7. The proposal would revise 401 KAR 51:001 to incorporate the federal definition of 

"significant" which does not include a specific emission rate for ozone depleting substances. 

Both 401 KAR 51:017 and 401 KAR 51:052 specify a significant rate for ozone depleting 

substances. It appears the proposal could result in a significant increase for ozone depleting 

substances becoming "any emission rate." The RIA does not address the impact of such a 

change. The Chamber believes thresholds for significance are in important way to avoid 

unnecessary regulation and should be maintained. 

8. The incorporation of the federal definition of "baseline actual emissions" presents 

particular problems because the provisions of 40 CFR 51.166(b)(47) related to fugitive 

emissions and startup, shutdown and malfunction are subject to a stay from April I, 2010 

through October 3,201 1 due to EPA's stay of the fugitive emission rules. Unless a regulation 

with a specific date is incorporated there will be uncertainty as to the effectiveness of the fugitive 

emissions provisions. 

9. The incorporation of the federal definition of "fixed capital cost" is also problematic for 

similar reasons. The federal definition at 40 CFR 51.166(b)(55) was stayed indefinitely on 

December 24,2004. The incorporation of a regulation that is stayed only serves to create 

confusion and should be avoided. 

, Contact Information: 

I 

Chad A. Harpole 

Director, Public Affairs 

Kentucky Chamber of Commerce 

464 Chenault Road 

Frankfort, KY 40601 

502-848-8733 
Steven L. Beshear 

Governor Energy and ~nvconment Cabinet 

Department for Environmental Protection 

Division for Air Quality 

200 Fair Oaks Lane, 1 st Floor 

Frankfort, Kentucky 40601 -1403 

www.air.ky.gov 

Leonard K. Peters 

Secretary 

September 2,2010 

Ms. Emily Caudill 

Regulations Compiler 

Legislative Research Commission 

Capitol Annex Room 029 

Frankfort, Kentucky 40601 

Dear Ms. Caudill: 

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

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

comments during the public comment period, ending August 31, 2010, for the following 

administrative regulations. 

401 KAR 51:OOl. Definitions for 401 KAR Chapter 51. (Amendment) 

401 KAR 52:001. Definitions for 401 KAR Chapter 52. (Amendment) 

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

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

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

on October 15,2010. 

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

administrative regulations or the public comment period. 

Sincerely, 

c 

Laura Lund 

Environmental Technologist 11 

Regulation Development Section 

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

Governor Energy and Environment Cabinet 

Department for Environmental Protection 

Division for Air Quality 

200 Fair Oaks Lane, 1st Floor 

Frankfort, Kentucky 40601-1403 

www.air. ky.gov 

July 16,2010 

Leonard K. Peters 

Secretary 

Editor 

Cincinnati Enquirer 

Legal Advertising 

P.O. Box 00097 

Cincinnati, Ohio 45274-0097 

Dear Editor: 

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

legal ads section of your newspaper on Wednesday, July 21,2010. The advertisement should be 

two columns wide with length necessary to accommodate the text. 

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

publication. 

Michele Koziol 

Administration Section 

Division for Air Quality 

1" Floor 

200 Fair Oaks Lane 

Frankfort, Kentucky 40601 

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

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

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

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

Sincerely, 

~.cund 

Regulation Development Section 

Program Planning & Administration Branch 

Attachment 

cc: Michele Koziol 
hate of Ohio 1 

1 

1 ss. 

Iamilton County 

"onally appeared hire P& 
Steven L. Beshear 

Governor Energy and Environment Cabinet 

Department for Environmental Protection 

Division for Air Quality 

200 Fair Oaks Lane, 1st Floor 

Frankfort, Kentucky 40601-1403 

www.air. ky.gov 

Leonard K. Peters 

Secretary 

July 16,20 10 

Editor 

The Gleaner 

Display Advertising 

P.O. Box 4 

Henderson, Kentucky 4241 9-0004 

Dear Editor: 

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

legal ads section of your newspaper on Wednesday, July 21,2010. The advertisement should be 

two columns wide with length necessary to accommodate the text. 

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

publication. 

Michele Koziol 

Administration Section 

Division for Air Quality 

1" 'loor 

200 Fair Oaks Lane 

Frankfort, Kentucky 40601 

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

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

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

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

Sincerely, 

kM 

Regulation Development Section 

Program Planning & Administration Branch 

Attachment 

cc: Michele Koziol 
This hearing is open to the public and ail anterested oersons w~ll be oaven the 

oppsrtuolty to present test~mhy. To assure thatall comments areecqrately recorded, the Davision requests that oral 

comments presented at the hearlng a?e - also provided ~n written farm ifbosable. Wntten mmmenls muit be re- ceaved by close of business on Au ust 

31.2010, to be considered part of %e 

hearang record The Energy.and Enw- ' 

ronment Cabmet does not dlscnmlnate on the basis of race, color, nationai ori- , gin.'sex, age, rehgaon. ordisabil~ and 

provades, uppn request reasona8e aa- - commodation includind auxaliaty a~ds 

and sewaces necessary to afford an andivaduai wlth a dasabil~ty an equal oppor- tunity to participate in all services, programs, and actwatles. 
Steven L. Beshear 

Governor Energy and Environment Cabinet 

Department for Environmental Protection 

Division for Air Quality 

200 Fair Oaks Lane, I st Floor 

Frankfort, Kentucky 40601 -1403 

www.air.ky.gov 

Leonard K. Peters 

Secretaly 

July 16,2010 

Editor 

Daily Independent 

Display Advertising 

P.O. Box 3 1 1 

226 Seventeenth Street 

Ashland, Kentucky 4 1 105-03 1 1 

Dear Editor: 

Please publish the atta'ched notice as a prominent classified advertisement in the public notice or 

legal ads section of your newspaper on Wednesday, July 21,2010. The advertisement should be 

two columns wide with length necessary to accommodate the text. 

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

publication. 

Michele Koziol 

Administration Section 

Division for Air Quality 

1" Floor 

200 Fair Oaks Lane 

Frankfort, Kentucky 40601 

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

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

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

ext. 4428, by e-mail at LauraaLund@ky.gov, or by fax at (502) 564-4666. 

Sincerely, 

*rwtd 

Regulation Development Section 

Program Planning & Administration Branch 

Attachment - - - 

cc: Michele Koziol 

An Equal Opporhmily Employer M/FID 
OF CHARLESTON-Named Anl.. "v*b.r*lrc7 \uvnu,. OLUdent-Athlete Academic 

Honor roll for the 2010 

spring season. Hunter par- ticipated in men's golf. A studentathlete qualifies fop the.honor roll if he 

or she maintains a mini- 

.mum grade-point average of 3.25 forthe term and is a MrlRKddA 

regular,member of a.yaisity athletic team^ in sports dependentcorn 
Steven L. Beshear 

Governor 

, 

Energy and Environment Cabinet 

Department for Environmental Protection 

Division for Air Quality 

200 Fair Oaks Lane, 1st Floor 

Frankfort, Kentucky 40601-1403 

www.air. ky.gov 

July 16,2010 

Editor 

Lake News 

P.O. Box 498 

Calvert City, Kentucky 42029 

Leonard K. Peters 

Secretary 

Dear Editor: 

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

legal ads section of your newspaper on Wednesday, July 21,2010. The advertisement should be 

two columns wide with length necessary to accommodate the text. 

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

publication. 

Michele Koziol 

Administration Section 

Division for Air Quality 

lst Floor 

200 Fair Oaks Lane 

Frankfort, Kentucky 40601 

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

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

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

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

Sincerely, 

kM 

Regulation Development Section 

Program Planning & Administration Branch 

Attachment 

cc: Michele KOZ~ 

9 An Equal Opportunity Employer MIFm Ken-fuBu 

Steven L. Beshear 

Governor Energy and ~nvironment Cabinet 

Department for Environmental Protection 

Division for Air Quality 

200 Fair Oaks Lane, 1st Floor 

Frankfort, Kentucky 40601-1403 

www.air. ky.gov 

July 16,2010 

Leonard K. Peters 

Secretary 

Editor 

Herald Leader 

Main and Midland 

Lexington, Kentucky 40507 

Dear Editor: 

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

legal ads section of your newspaper on Wednesday, July 21,2010. The advertisement should be 

two columns wide with length necessary to accommodate the text. 

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

publication. 

Michele Koziol 

Administration Section 

Division for Air Quality 

1%' Floor 

200 Fair Oaks Lane 

Frankfort, Kentucky 40601 

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

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

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

ext. 4428, by e-mail at Laura_Lund@ky.gov, or by fax at (502) 564-4666. 

Sincerely, 

.ca.U%a~ 

Regulation Development Section 

Program Planning & Administration Branch 

Attachment 

cc: Michele Koziol 

Steven L. Beshear 

Governor Energy and Environment Cabinet 

Department for Environmental Protection 

Division for Air Quality 

200 Fair Oaks Lane, 1st Floor 

Frankfort, Kentucky 40601-1403 

www.air.ky.gov 

July 16,2010 

Editor 

Messenger-Inquirer 

Display Advertising 

P.O. Box 1480 

Owensboro, Kentucky 42302-1480 

Dear Editor: 

Leonard K. Peters 

Secretary 

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

legal ads section of your newspaper on Wednesday, July 21,2010. The advertisement should be 

two columns wide with length necessary to accommodate the text. 

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

publication. 

Michele Koziol 

Administration Section 

Division for Air Quality 

Is' Floor 

200 Fair Oaks Lane 

Frankfort, Kentucky 40601 

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

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

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

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

I Sincerely, 

ceawLaM 

Regulation Development Section 

Program Planning & Administration Branch 

Attachment 

cc: Michele Koziol 

An Equal Opportunity Employer M/F/D K!&&u 
wm~r- 'JMA?,~ 

MYal;oblu* WwKla 

ULannn 61 ;& w~ 24 LW-&W. 

61 Sm+3l~ny OPur NCIMhydilur 23-1 

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64Lh!i,Alrour 26 UiOl.klW 

a dMdt b* .lonuah 17 <-&*I 

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4 )i.*URc- 37 h%w.nd 

S Road,'* wml mum 38 Lum 

; E2. hnDNU'b m fsm 
Steven L. Beshear 

Governor 

Editor 

Times-Tribune 

Display Advertising 

PO Box 516 

Corbin, Ky 40702-05 16 

I Dear Editor: 

Energy and Environment Cabinet 

Department for Environmental Protection 

Division for Air Quality 

200 Fair Oaks Lane, 1st Floor 

Frankfort, Kentucky 40601 -1 403 

www.air.ky.gov 

July 16,2010 

Leonard K. Peters 

Secretary 

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

legal ads section of your newspaper on Wednesday, July 21,2010. The advertisement should be 

two columns wide with length necessary to accommodate the text. 

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

publication. 

Michele Koziol 

Administration Section 

Division for Air Quality 

1" Floor 

200 Fair Oaks Lane 

Frankfort, Kentucky 40601 

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

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

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

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

Sincerely, 

Ah4.mRegulation Development Section 

Program Planning & Administration Branch 

Attachment 

cc: Michele Koziol 

KentuckyUnbridledSpirit.com An Equal Opportunily Employer WED 
i 

CONTACT PERSON: Laura Lu 

EnvironmentaiTechnolog~t~,R~lat 
Steven L. Beshear 

Governor Energy and Environment Cabinet 

Department for Environmental Protection 

Division for Air Quality 

200 Fair Oaks Lane, 1st Floor 

Frankfort, Kentucky 40601-1403 

ww.air. ky.gov 

Leonard K. Peters 

Secretary 

July 16,2010 

Editor 

Daily News 

Display Advertising 

P.O. Box 90012 

Bowling Green, Kentucky 421 02-901 2 

Dear Editor: 

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

legal ads section of your newspaper on Wednesday, July 21,2010. The advertisement should be 

two columns wide with length necessary to accommodate the text. 

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

publication. 

Michele Koziol 

Administration Section 

Division for Air Quality 

1'' Ploor 

200 Fair Oaks Lane 

Frankfort, Kentucky 40601 

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

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

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

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

Sincerely, 

Pacurau 

Regulation Development Section 

Program Planning & Administration Branch 

Attachment 

cc: Michele Koziol 

Steven L. Beshear 

Governor Energy and Environment Cabinet 

Department for Environmental Protection 

Division for Air Quality 

200 Fair Oaks Lane, 1st Floor 

Frankfort, Kentucky 40601-1403 

www.air.ky.gov 

July 16,2010 

Leonard K. Peters 

Secretary 

Editor 

Courier Journal 

Classified Advertising Department 

525 West Broadway 

P.O. Box 74003 1 

Louisville, Kentucky 40201-743 1 

Dear Editor: 

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

legal ads section of your newspaper on Wednesday, July 21,20 10. The advertisement should be 

two columns wide with length necessary to accommodate the text. 

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

publication. 

Michele Koziol 

Administration Section 

Division for Air Quality 

1" Floor 

200 Fair Oaks Lane 

Frankfort, Kentucky 40601 

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

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

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

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

Sincerely, 

.&maRegulation Development Section 

Program Planning & Administration Branch 

Attachment 

cc: Michele Koziol 

KentuckyLJnbridledSpirit.com An Equal Opportunity Employer M/FID 
Affidavit of Publication 

TEE COURIER-JOURNAL INC. 

STATE OF RENTUCKY 

County of Jefferson 

401 KAR 51:001. Definitions for 40 

KAR Chapter 51. (Amendment) 

401 KAR 52:001. Definitions for 40 . KAR Chapter 5.Z (AtnendmeW 

I, Margie Wise of TEE COURIER-JOURNAL, kc., clerk of 

JOURNAL general circulation printed and published at L 

Kentucky, do solemnly swear that from my own person 

knowledge, and reference to the files of said publicatio 

advertisement of: 

Title: NOTICE OF PUBLIC HEARING - Total Li 

Date: 7/21/2010 Total Inches: 

9argie %j&e 

Signature of person making proof 

Subscribed and sworn to fore me this 21ST day of JI 

;L&ed-t& the contact person. ThF 

orooosed administrative reoula. * 

tio'ns can be accessed at'd 

http://www.lrc.state.ky.us/KARrn~' 3 

LE4Ol.htm. <I 

. - - - - . . . . - 864-3999 ext. 4428; fax numberr" 

(502) 664-4665: e-mall$ 

~~~-iund@ky.i$o~. . I 

Louisville Metro Ashland 

APCD Reglonal ' 

850 Barret Ave. 1550 Wolohan 9 

# 205 Dr. #l 

Louisville, KY40204 Ashbnd, KY 

41102 1 

Florence. KY 

Frankfort Regional Hazard ~egbdf 200 Fair Oaks Ln. 233 Birch St. #2 $ 

Frankfort, KY 40601 Hazard, KY 4 

41701 

London Regional Owensboro 

875 S Main St. Regional 4 

London, KY 40741 3032 Akey parit$ Dr. W#7W 4 

Owemboro, KT "-.la.= 
Steven L. Beshear 

Governor Energy and Environment Cabinet 

Department for Environmental Protection 

Division for Air Quality 

200 Fair Oaks Lane, 1st Floor 

Frankfort, Kentucky 40601-1403 

www.air.ky.gov 

Leonard K. Peters 

Secretary 

July 16,2010 

Editor 

Paducah Sun 

Display Advertising 

P.O. 2300 

Paducah, Kentucky 42002-2300 

Dear Editor: 

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

legal ads section of your newspaper on Wednesday, July 21,20 10. The advertisement should be 

two columns wide with length necessary to accommodate the text. 

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

publication. 

Michele Koziol 

Administration Section 

Division for Air Quality 

1" Floor .+ 

2 - -4 200 Fair Oaks Lane 

Frankfort, Kentucky 40601 

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

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

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

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

Sincerely, 

,!hLw.l?und 

Regulation Development Section 

Program Planning & Administration Branch 

Attachment 

cc: Michele Koziol 

Steven L. Beshear 

Governor Energy and Environment Cabinet 

Department for Environmental Protection 

Division for Air Quality 

200 Fair Oaks Lane, 1 st Floor 

Frankfort, Kentucky 40601 -1403 

www.air. ky.gov 

July 19,2010 

Leonard K. Peten 

Secretary 

Dear Concerned Citizen: 

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

Division for Air Quality has enclosed a public hearing notice and Regulatory Impact Analysis for 

the following proposed administrative regulations: 

401 KAR 51:OOl. Definitions for 401 KAR Chapter 51. (Amendment) 

401 KAR 52:001. Definitions for 401 KAR Chapter 52. (Amendment) 

The Division filed the proposed administrative regulations with the Legislative Research 

Commission on July 14, 2010. The proposed administrative regulations will be published in the 

August 1,20 1 0, Administrative Register of Kentucky. 

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

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

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

Please refer to the attached public hearing notice for information regarding how to obtain a 

copy of the administrative regulations; the date, time, and location of the public hearing; and 

written comment submittal. 

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

any questions or concerns. 

Sincerely, 

Laura LI& Environmental Technologist II 

Regulation Development Section 

Program Planning and Administration Branch . . . . .. . . . . . -. -. . 

Enclosures 

An Equal Opportunity Employer MIFm 
NOTICE OF PUBLIC HEARING 

KENTUCKY DMSION FOR AIR QUALITY 

TO REVISE KENTUCKY'S STATE IMPLEMENTATION PLAN AND 

AIR QUALITY REGULATIONS 

The Kentucky Energy and Environment Cabinet will conduct a public hearing on August 24, 2010, at 2:00 p.m. 

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

This hearing will be held to receive comments on the following proposed administrative regulations: 

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

401 KAR 52:001. Definitions for 401 KAR Chapter 52. (Amendment) 

These amendments propose to revise the definitions of terms used in Kentucky's Prevention of Significant 

Deterioration (PSD), New Source Review (NSR), and Title V regulations. The adoption of these revisions is 

necessary in order for Kentucky's programs to be consistent with those at the federal level and for Kentucky to 

continue to receive full delegation of authority of the NSR program. 

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

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

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

August 31, 2010, to be considered part of the hearing record. The Energy and Environment Cabinet does not 

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

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

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

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

hours (8:OO a.m. to 4:30 p.m., local time) at the locations listed below. Any individual requiring copies may 

submit a request to the Division for Air Quality in writing, by telephone, by FAX, or e-mail. Requests for copies 

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

h~://www.lrc.state.kv.us/KAR/mLE40 1 .htm. 

CONTACT PERSON: Laura Lund, Environmental Technologist 11, Regulation Development Section, Division 

for Air Quality, IS' Floor, 200 Fair Oaks Lane, Frankfort, Kentucky 40601. Phone number: (502) 564-3999, ext. 

4428; fax number: (502) 564-4666; e-mail: Laura-Lund@ky.gov. 

Louisville Metro APCD Ashland Regional Bowling Green Regional 

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

Louisville, KY 40204 Ashland, KY 41 102 Bowling Green, KY 42104 

Florence Regional Frankfort Regional Hazard Regional 

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

Suite 1 10 31d Floor Suite 2 

Florence, KY 4 1042 Frankfort, KY 4060 1 Hazard, KY 4 170 1 

London Regional 

875 S Main St 

London, KY 40741 

Owensboro Regional ., 3032 Alvey Park Dr W 

Suite 700 

Owensboro, KY 42303 

Paducah Regional 

130 Eagle Nest Dr 

Paducah, KY 42003 

Fayette County Clerk Hardin County Clerk Henderson County Clerk 

162EMai St Hardiin Co Courthouse Henderson Co Courthouse 

Lexington, KY 40507 Elizabethtown, KY 42701 Henderson, KY 42420 
REGULATORY IMPACT ANALYSIS 

AND TIERING STATEMENT 

Administrative Regulation #: 401 KAR 51:001 

Contact person: Laura Lund, Environmental Technologist II 

(1) Provide a brief summary of: 

(a) What this administrative regulation does: This administrative regulation defines the terms 

used in 401 KAR Chapter 51. 

(b) The necessity of this administrative regulation: This administrative regulation provides 

Clear and consistent definitions for terms used in 401 KAR Chapter 51. 

(c) How this administrative regulation conforms to the content of the authorizing statutes: 

The statutory authority for this regulation is given in KRS 224.10-100(5), which provides the 

cabinet the authority, power, and duty to prevent and control air pollution. KRS 224.10- 

100(26) requires the cabinet to issue regulations that are no more stringent than federal 

requirements. The definitions contained in this administrative regulation are not more 

stringent or otherwise different than the corresponding federal definitions. 

(d) HOW this administrative regulation currently assists or will assist in the effective 

administration of the statutes: 

This administrative regulation assists the public and the regulated community by providing 

clear and consistent definitions for terms used in 401 KAR Chapter 51. 

(2) If this is an amendment to an existing administrative regulation, provide a brief summary of: 

(a) How the amendment will change this existing administrative regulation: This 

amendment revises definitions to reflect amendments made to the New sour& Review (NSR) 

Program at the federal level. The Prevention of Significant Deterioration and Title V 

~rekhouse Gas Tailoring Rule (Tailoring Rule), published as a final rule on June 3, 2010, 

amends and creates definitions that significantly impact the Prevention of Significant 

Deterioration (PSD) and Title V permitting programs. The amendments are to the definitions 

for "Regulated NSR pollutant", which includes greenhouse gases (GHGs) as a regulated NSR 

pollutant under the Clean Air Act; "Major source", which includes air pollutants subject to 

regulation; and the inclusion of a definition for "Subject to regulation", which includes the 

greenhouse gas emission thresholds to trigger PSD and Title V permitting. 

The necessity of the amendment to this administrative regulation: 

The definition amendments are necessary at the state level to ensure consistency behnreen 

state and federal programs. The Tailoring Rule establishes January 2, 201 1, as the tngger 

date for GHGs to become regulated. If Kentucky's State Implementation Plan (SIP) is not 

revised by that date to include these requirements, the SIP will be found deficient, and the 

U.S. EPA wtll have authority to issue a Federal lmplementation Plan (FIP). Serious 

consequences of a FIP include loss of PSD and Title V program approvals and loss of federal 

highway funds. EPA clearly states their intent in the preamble to the final rule, "For any state 

that lacks the ability to issue PSD or Title V permits for GHG emissions soups consistent 

with the final rule, we [EPA] intend to undertake a separate action to call for revisions to these 

programs. We [EPA] also intend to move quickly to impose a FIP for PSD through 40 CFR 

52.21, and use our federal Title V authority to ensure that GHG sources will be permitted 

consistent with the final rule." This amendment also clarifies that small businesses will not be 

regulated solely because of their qreenhouse gas emissions by tailorina the threshold limits. 

How the amendment conforms-to the content of the authorizing statutes: KRS 224.10- 

100(26) requires the cabinet to issue reaulations that are no more strinaent than federal 

requirements. This amendment maintain~consi~tenc~ withcorresponding Federal definitions 

affecting Kentuckv's PSD and Title V aermittina aroarams. 

How tie amendment will assist 'ln the iffective administration of statutes: This 

amendment will provide clear and consistent definitions of terms used in 401 KAR Chapter 51 

to prevent and control air pollution. 

(3) List the type and number of individuals, businesses, organizations, or state and local 

governments affected by this administrative regulation: Any facility with the capacity to emit 

greenhouse gases at or above the thresholds specified in the GHG Tailoring Rule, which changes to 

401 KAR 51:001 incorporate, would be affected by the changes to this regulation. This includes PSD 
and Title V sources of greenhouse gas emissions but does not affect smaller emitters of greenhouse 

gases. EPA has estimated that without the Tailoring Rule there would be 82,000 permitting actions 

nationwide per year necessaty to address greenhouse gas emissions, but with the implementation of 

the rule that number is reduced to 1,600 nationwide. The Division for Air Quality has estimated this 

regulation change to affect 30 - 40 permitting actions per year in Kentucky. If these amendments are 

not made, the US. EPA will find Kentucky's SIP deficient and exercise their authority to issue a 

construction ban to prevent Me construction or modification of a major emitting facility (pursuant to 

CAA s167) until a FIP is issued. 

(4) Provide an assessment of how the entlties identified in question (3) will be impacted by either 

the implementation of this administrative regulation, if new, or by the change if it is an 

amendment: Changes to the current regulation will include the regulation of greenhouse gas 

emissions. For those sources emitting at or above the major source threshold for greenhouse gas 

emissions, new permits will have to be issued. 

(a) List the actions that each of the regulated entitles identified in question (3) will have to 

take to comply with this administrative regulation or amendment: Sources permitted 

under the Title V program will have to submit a permit application identifying and reporting the 

emissions but there will be no new requirements or standards imposed on the source. 

Sources permitted under the PSD program will have to submit a permit application including 

Best Available Control Technology (BACT) review for greenhouse gas emissions. 

(b) In complying with this administrative regulation or amendment, how much will it cost 

each of the entities identified in question (3): There are no emission fees associated with 

the regulation of greenhouse gas emissions. For those sources that must provide a BACT 

analysis, there IS the add~tional cost to meet the requirements of the BACT determination. 

Additionally, sources required to obtain a new permit will have the expense of completing a 

permit application. EPA has estimated that a Title V permit appl~cation for greenhouse gas 

sources would cost each source, on average, between $23,200 and $46,400. 

(c) As a result of compliance, what benefits will accrue to the entitles identified in question 

(3): These major sources will remain in compliance with state and federal regulations. 

(5) Provide an estimate of how much it will cost the administrative body to implement this 

administrative regulation: 

(a) Initially: The inclusion of greenhouse gases in stationary source permits will require the 

Division for Air Quality to expand staff to review the increased permit load and inspect 

changes made to sources as a result of this regulation. 

(b) On a continuing basis: The cabinet must maintain the additional staff in order to handle the 

increase in permit issuance. EPA has estimated that a Title V permit application for 

greenhouse gas sources would cost a permitting authority, on average, between $9,844 and 

$1 9,688 to process each source permit. 

(6) What is the source of the funding to be used for the implementation and enforcement of this 

administrative regulation: Any additional expense incurred by the Division for Air Quality to regulate 

greenhouse gas emissions would be paid for through Title V emission fees. The cabinet is not 

requesting additional general funds for the implementation and enforcement of the regulation. 

(7) Provide an assessment of whether an increase in fees or funding will be necessary to 

implement this administrative regulation, if new, or by the change if it is an amendment. The 

cabinet is not requesting additional general funds for the implementation of this administrative 

regulation. However, Title V emission fees may be impacted by the implementation of this 

administrative regulation. 

(8) State whether or not this administrative regulation established any fees or directly or indirectly 

increased any fees. This administrative regulation does not establish fees, but as stated above in (7), 

Title V emission fees may be impacted. 

(9) TIERING: Is tiering applied? Yes. The Tailoring Rule amends the threshold of greenhouse gas 

emission levels subject to regulation. This tiering revision was necessary to prevent small businesses 

and individuals from becoming subject to permitting requirements solely due to greenhouse gas 

emissions. 
FEDERAL MANDATE ANALYSIS COMPARISON 

1. Federal statute or regulation constituting the federal mandate. As a SIP-approved state for the PSD 

program under 40 CFR 51.166, recent changes in the federal PSDlNSR and Title V programs make it 

necessary to revise the regulation in order to maintain federal approvability. Failure to do so will result in a 

Federal Implementation Plan. 

2. State compliance standards. The state compliance standards are found in KRS 224.10-100(5). 

3. Minimum or uniform standards contained in the federal mandate. Changes in the federal definitions 

for this program necessitate changes in the state definitions. 

4. Will this administrative regulation impose stricter requirements, or additional or different 

responsibilities or requlrements, than those required by the federal mandate? No. 

5. Justification for the imposition of the stricter standard, or additional or different responsibilities or 

requirements. The definitions contained in this administrative regulation are not more stringent Or 

otherwise different than the corresponding federal definitions. 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT 

Administrative Regulation #: 401 KAR 51:001 

Contact person: Laura Lund, Environmental Technologist II 

1. Does this administrative regulation relate to any program, service, or requirements of a state or 

local government (including cities, counties, fire departments, or school districts)? Yes. 

2. What units, parts or divisions of state or local government (including cities, counties, fire 

departments, or school districts) will be impacted by this administrative regulation? This 

administrative regulation impacts the Division for Air Quality as the applicability of other administrative 

regulations is altered. Any state or local government that emits greenhouse gases in the thresholds 

subject to the PSD or Title V permitting programs would be required to obtain a permit from the Division for 

Air Quality. 

3. Identify each state or federal statute or federal regulation that requires or authorizes the action 

taken by the administrative regulation. KRS 224.10-100(5), (26); 42 U.S.C. 7401, 7410,7471,7607; 40 

CFR 51.166. 

4. Estimate the effect of this administrative regulatlon on the expenditures and revenues of a state or 

local government agency (including cities, counties, fire departments, or school districts) for the 

first full year the administrative regulation is to be in effect. 

(a) How much revenue will this admlnistrative regulation generate for the state or local government 

(including cities, counties, fire departments, or school districts) for the first year? Thls 

administrative regulation does not generate revenue, but Title V fees may be impacted by the 

implementation of this regulation. 

(b) How much revenue will this administrative regulation generate for the state or local government 

(including cities, counties, fire departments, or school districts) for subsequent years? This 

administrative regulation does not generate revenue, but Title V fees may be impacted by the 

implementation of this regulation. 

(c) How much will it cost to administer this program for the first year? The US. EPA has estimated that it 

will cost the permitting authority between $9,844 and $19,688 per permit issued, and the Division for Air 

Quality has estimated 30 - 40 permit actions per year. Therefore, it is estimated that an increase of 

between $300,000 and $800,000 will be necessary to operate this program. 

(d) How much will it cost to administer this program for subsequent years? The US. EPA has 

estimated that it will cost the permitting authority between $9,844 and $19,688 per permit issued, and the 

Division for Air Quality has estimated 30 - 40 permit actions per year. Therefore, it is estimated that an 

increase of between $300,000 and $800,000 will be necessary to operate this program. 
REGULATORY IMPACT ANALYSIS 

AND TIERING STATEMENT 

Administrative Regulation #: 401 KAR 52:001 

Contact person: Laura Lund, Environmental Technologist II 

(1) .Provide a brief summary of: 

(a) What this administrative regulation does: This administrative regulation defines the terms 

used in 401 KAR Chapter 52. 

(b) The necessity of this administrative regulation: This administrative regulation provides 

clear and consistent definitions for terms used in 401 KAR Chapter 52. 

(c) How this administrative regulation conforms to the content of the authorizing statutes: 

The statutory authority for this regulation is given in KRS 224.10-100(5), which provides the 

cabinet the authority, power, and duty to prevent and control air pollution. KRS 224.10- 

100(26) requires the cabinet to issue regulations that are no more stringent than federal 

requirements. The definitions contained in this administrative regulation are not more 

stringent or otherwise different than the corresponding federal definitions. 

(d) How this administrative regulation currently assists or will assist in the effective 

administration of the statutes: 

This administrative regulation assists the public and the regulated community by providing 

clear and consistent definitions for terms used in 401 KAR Chapter 52. 

(2) If this is an amendment to an existing administrative regulation, provide a brief summary of: 

How the amendment will chan~e this existing administrative regulation: This 

amendment revises definitions to reflect amendments made to the New ~ource~eview (NSR) 

Program at the federal level. The Prevention of Significant Deterioration and Title V 

~Gnhouse Gas Tailoring Role (Tailoring Rule), published as a final rule on June 3, 2010, 

amends and creates definitions that significantly impact the Prevention of Significant 

Deterioration (PSD) and Title V permitting programs. The amendments are to the definitions 

for 'Regulated NSR pollutant", which includes greenhouse gases (GHGs) as a regulated NSR 

pollutant under the Clean Air Act; "Major source", which includes air pollutants subject to 

regulation; and the inclusion of a definition for "Subject to regulation", which includes the 

greenhouse gas emission thresholds to trigger PSD and Title V permitting. 

The necessity of the amendment to this administrative regulation: 

The definition amendments are necessary at the state level to ensure consistency between 

state and federal programs. The Ta~loring Rule establishes January 2, 201 1, as the trigger 

date for GHGs to become regulated. If Kentucky's State Implementation Plan (SIP) is not 

revised by that date to include these requirements, the SIP will be found deficient, and the 

U.S. EPA will have authority to issue a Federal Implementation Plan (FIP). Serious 

consequences of a FIP include loss of PSD and Title V program approvals and loss of federal 

highway funds. EPA clearly states their intent in the preamble to the final rule, "For any state 

that lacks the ability to issue PSD or Title V permits for GHG emissions sources consistent 

with the final rule, we [EPA] intend to undertake a separate action to call for revisions to these 

programs. We [EPA] also intend to move quickly to impose a FIP for PSD through 40 CFR 

52.21, and use our federal Title V authority to ensure that GHG sources will be permitted 

consistent with the final rule." This amendment also clarifies that small businesses will not be 

regulated solely because of their preenhouse pas emissions bv tailoring the threshold limits. 

HOW the amendment conform;to the conknt of the authorizing statutes: KRS 224.10- 

lOO(26) requires the cabinet to issue regulations that are no more stringent than federal 

requirements. This amendment maintains consistency with corresponding federal definitions 

affecting Kentucky's PSD and Title V permitting programs. 

How the amendment will assist in the effective administration of statutes: This 

amendment will provide clear and consistent definitions of terms used in 401 KAR Chapter 52 

to prevent and control air pollution. 

(3) List the type and number of individuals, businesses, orga.nizations, or state and local 

governments affected by this admlnlstrative regulation: Any facility with the capacity to emit 

greenhouse gases at or above the thresholds specified in the GHG Tailoring Rule, which changes to 

401 KAR 52:001 incorporate, would be affected by the changes to this regulation. This includes PSD 

-- -- - - - - 
and Title V sources of greenhouse gas emissions but does not affect smaller emitters of greenhouse 

gases. EPA has estimated that without the Tailoring Rule there would be 82,000 permitting actions 

nationwide per year necessary to address greenhouse gas emissions, but with the implementation of 

the rule that number is reduced to 1,600 nationwide. The Division for Air Quality has estimated this 

regulation change to affect 30 - 40 permitting actions per year in Kentucky. If these amendments are 

not made, the U.S. EPA will find Kentucky's SIP deficient and exercise their authority to issue a 

construction ban to prevent the construction or modification of a major emitting facility (pursuant to 

CAA 3167) until a FIP is issued. 

Provide an assessment of how the entities identified in question (3) will be impacted by either 

the implementation of this administrative regulation, if new, or by the change if it is an 

amendment: Changes to the current regulation will include the regulation of greenhouse gas 

emissions. For those sources emitting at or above the major source threshold for greenhouse gas 

emissions, new permits will have to be issued. 

List the actions that each of the regulated entities identified in question (3) will have to 

take to comply with this administrative regulation or amendment: Sources permitted 

under the Title V program will have to submit a permit application identifying and reporting the 

emissions but there will be no new requirements or standards imposed on the source. 

Sources perm~tted under the PSD program will have to submit a permit application including 

Best Available Control Technology (BACT) review for greenhouse gas emissions. 

In complying with this administrative regulation or amendment, how much will it cost 

each of the entities identified in question (3): There are no emission fees associated with 

the regulation of greenhouse gas emissions For those sources that must provide a BACT 

analysis, there is the additional cost to meet the requirements of the BACT determination. 

Additionally, sources required to obtain a new permit will have the expense of completing a 

permit application. EPA has estimated that a Title V permit application for greenhouse gas 

sources would cost each source, on average, between $23,200 and $46,400. 

As a result of compliance, what benefits will accrue to the entities identified in question 

(3): These major sources will remain in compliance with state and federal regulations. 

Provide an estimate of how much it will cost the administrative body to implement this 

administrative regulation: 

(a) Initially: The inclusion of greenhouse gases in stationary source permits will require the 

Division for Air Quality to expand staff to review the increased permit load and inspect 

changes made to sources as a result of this regulation. 

(b) On a contlnulng basis: The cabinet must maintain the additional staff in order to handle the 

Increase in permit issuance. EPA has estimated that a Tltle V permit application for 

greenhouse gas sources would cost a permitting authority, on average, between $9,844 and 

$19,688 to process each source permit. 

What is the source of the funding to be used for the implementation and enforcement of this 

administrative regulation: Any additional expense incurred by the Division for Air Quality to regulate 

greenhouse gas emissions would be paid for through Title V emission fees. The cabinet is not 

requesting additional general funds for the implementation and enforcement of the regulation. 

Provide an assessment of whether an increase in fees or funding will be necessary to 

implement this administrative regulation, if new, or by the change If It is an amendment. The 

cabinet is not requesting additional general funds for the implementation of this administrative 

regulation. However, Title V emission fees may be impacted by the implementation of this 

administrative reaulation. 

State whether & not this administrative regulation established any fees or directly or indirectly 

increased anv fees. This administrative reaulation does not establish fees, but as stated above in (7). 

Title V emission fees may be impacted. 

" 

TIERING: Is tiering applied? Yes. The Tailoring Rule amends the threshold of greenhouse gas 

emission levels subject to regulation. This tiering revision was necessary to prevent small businesses 

and individuals from becoming subject to permitting requirements sdely due to greenhouse gas 

emissions. 
FEDERAL MANDATE ANALYSIS COMPARISON 

Federal statute or regulation constituting the federal mandate. As a SIP-approved state for the PSD 

program under 40 CFR 51.166, recent changes in the federal PSDlNSR and Title V programs make it 

necessary to revise the regulation in order to maintain federal approvability. Failure to do so Will result in a 

Federal Implementation Plan. 

State compliance standards. The state compliance standards are found in KRS 224.10-100(5). 

Minimum or uniform standards contained in the federal mandate. Changes in the federal definitions 

for this program necessitate changes in the state definitions. 

Will this administrative regulation impose stricter requirements, or additional or different 

responsibilities or requirements, than those required by the federal mandate? No. 

Justification for the imposition of the stricter standard, or additional or different responsibilities or 

requirements. The definitions contained in this administrative regulation are not more stringent or 

otherwise different than the corresponding federal definitions. 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT 

Administrative Regulatlon #: 401 KAR 52:001 

Contactperson: Laura Lund, Environmental Technologist II 

1. Does this administrative regulation relate to any program, service, or requirements of a state or 

local government (including cities, counties, fire departments, or school districts)? Yes. 

2. What units, parts or divisions of state or local government (including cities, counties, fire 

departments, or school districts) will be impacted by this administrative regulation? This 

administrative regulation impacts the Division for Air Quality as the applicability of other administrative 

regulations is altered. Any state or local government that emits greenhouse gases in the thresholds 

subject to the PSD or Title V permitting programs would be required to obtain a permit from the Division for 

Air Quality. 

3. Identify each state or federal statute or federal regulation that requires or authorizes the action 

taken by the administrative regulation. KRS 224.10-i00(5), (26); 42 U.S.C. 7401, 7410, 7471, 7607; 40 

CFR 51.166. 

4. Estimate the effect of this administrative regulation on the expenditures and revenues of a State or 

local government agency (including cities, counties, fire departments, or school districts) for the 

first full year the administrative regulation is to be in effect. 

(a) How much revenue will this administrative regulation generate for the state or local government 

(including cities, counties, fire departments, or school districts) for the first year? This 

administratwe regulation does not generate revenue, but Title V fees may be impacted by the 

implementation of this regulation. 

(b) How much revenue will this administrative regulation generate for the state or local gOVertIment 

(including cities, counties, fire departments, or school districts) for subsequent years? This 

administrative regulat~on does not generate revenue, but Title V fees may be impacted by the 

implementation of this regulation. 

(c) How much will it cost to administer this program for the first year? The U.S. EPA has estimated that it 

wit1 cost the permitting authority between $9,844 and $19,688 per permit issued, and the Division for Air 

Quality has estimated 30 - 40 permit actions per year. Therefore, it is estimated that an increase of 

between $300,000 and $800,000 will be necessary to operate this program. 

(d) How much will it cost to administer this program for subsequent years? The U.S. EPA has 

estimated that it will cost the permitting authority between $9,844 and $19,688 per permit issued, and the 

Division for Air Quality has estimated 30 - 40 permit actions per year. Therefore, it is estimated that an 

increase of between $300,000 and $800,000 will be necessary to operate this program. -