STATEMENT OF CONSIDERATION 

& 

REGULATIONS 

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

GOVERNOR 

ENERGY AND ENVIRONMENT CABINET 

OFFICE OF THE SECRETARY 

500 MERO STREET 

12~~ FLOOR, CAPITAL PLAZA TOWER 

FRANKFORT, KY 40601 

TELEPHONE: 502-564-3350 

FACSIMILE: 502-564-3354 

November 13,2009 

Ms. Emily Caudill 

Regulations Compiler 

Legislative Research Commission 

Capitol Annex Building, Room 029 

Frankfort, Kentucky 40601 

Dear Ms. Caudill: 

K PEIERS 

SECRETARY 

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

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

close of the comment period: 

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

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

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

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

conducted on October 28, 2009, in the Conference Room 201B of the Division for Air Quality, 

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

enclosed, and an electronic copy has been forwarded to you. 

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

this submittal or the public hearing. 

Sincerely, 

Leonard K. Peters 

Secretary 

LKP111 

Enclosures 
SENATE MEMBERS HOUSE 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 Whip 

TO: 

FROM: 

RE: 

DATE: 

LEGISLATIVE RESEARCH 

State Capitol 700 Capitol Avenue 

Gregory D. Sturnbo 

Speaker, LRC Co-Chair 

Larry Clark 

Speaker Pro Tern 

COMMISSION Majority Rocky Floor Adkins Leader 

Frankfort KY 40601 Jeff Hoover 

Minority Floor Leader 

Robert R. Damron 

Majority Caucus Chair 

Capitol FAX 502-223-5094 

Annex FAX 502-564-6543 

Irc.ky.gov 

RobertSherman 

Director 

Bob DeWeese 

Minority Caucus Chair 

John Will Stacy 

Majority Whip 

David Floyd 

Minority Whip 

MEMORANDUM 

Laura Lund 

EEC: Division for Air Quality 

Emily Caudill 

Regulations Compiler 

Administrative Regulations Amended Afier Comments - 40 1 KAR 5 1 :00 1, 40 1 KAR 

51:017,401 KAR 51:052 

November 13,2009 

Copies of the administrative regulations listed above, Amended After Comments, are enclosed for your files. 

These administrative regulations will be reviewed by the Administrative Regulation Review Subcommittee at 

its December 2009, meeting. Please notify the proper person(s) of this meeting. 

If you have any questions, please contact this office at (502) 564-8100. 

Enclosures 
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 -1 403 

www.air.ky.gov 

Leonard K. Peters 

Secretary 

November 17,2009 

Richard Schutt, Chief 

Air Planning Branch 

Air, Pesticides, and Toxics Management Division 

U.S. EPA, Region 4 

61 Forsyth Street, SW 

Atlanta, Georgia 30303 

Dear Mr. Schutt: 

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

administrative regulations and the Statement of Consideration, filed with the Legislative 

Research Commission on November 13, 2009. These regulations were the subject of a public 

hearing that was held on October 28,2009. 

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

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

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

The Administrative Regulation Review Subcommittee will review the administrative 

regulation, amended after comments, at its December 8, 2009, meeting. Please contact me at 

(502)564-3999, ext 4428, or email Laura-Lund@ky.gov, if you have any questions concerning 

the regulations or Statement of Consideration. 

Sincerely, 

Laura Lund 

Environmental Technologist II 

Regulation Development Section 

Cc: Lynorae Benjamin 

Enclosures 

An Equal Opportunity Employer M/F/D 

UNBRIDLE1) SPIRIT 
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 -1 403 

www.air. ky.gov 

Leonard K. Peters 

Secretary 

November 17,2009 

Dear Commenter: 

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

administrative regulations: 

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

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

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

A public hearing was held on October 28, 2009. The amended administrative regulations 

and the Statement of Consideration, as filed with the Legislative Research Commission on 

November 13,2009, are attached. 

Please contact me at (502) 564-3999, ext. 4428, or via email at Laura-Lund@ky.gov if you 

have questions concerning these administrative regulations or the Statement of Consideration. 

Sincerely, 

Laura Lund 

Environmental Technologist I1 

Regulation Development Section 

Program Planning and Administration Branch 

Enclosures 

KentuckyUnbridledSpirit.com An Equal Opportunity Employer MEID 

UN8RlDLED SPIRIT 
ECEOVE 

ARRS 

STATEMENT OF CONSIDERATION RELATING TO 

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

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

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

Amended After Comments 

Energy and Environment Cabinet 

Department for Environmental Protection 

Division for Air Quality 

(1) A public hearing on the above administrative regulations was held on 

October 28, 2009, at 10:OO a.m. in Conference Room 2018 of the Division 

for Air Quality (Division), 200 Fair Oaks Lane, Frankfort, Kentucky 40601. 

(2) The following people attended this public hearing or submitted written 

comments: 

Name and Title Aaency/Orqanization/Entity/Other Testimony 

Richard A. Schud U.S. Environmental Protection Written 

Chief Agency (U.S. EPA) 

Air Planning Branch 

Andrea lssod Sierra Club 

Staff Attorney 

Craig Segall 

Associate Attorney 

Written 

Timothy J. Hagerty Kentucky Chamber of Commerce Written 

Chair Energy and Environment Council 

Legislative Research Commission Written 

Kentucky Division for Air Quality Written 

(3) The following people from the promulgating administrative body attended 

this public hearing or responded to the written comments: 
Name and Title 

Kelley Herbert, Environmental Technologist I 

Ty Martin, Environmental Technologist II 

Luis D. Fuentes, Environmental Engineering Assistant Ill 

John West, Attorney Manager, Office of General Counsel 

Lora Gowins, Environmental Control Supervisor 

Andrea Smith, Environmental Control Manager 

*Laura Lund, Environmental Technologist II 

* - Agency Representative 

Summary of Comments and Responses 

General Comments 

General Comment 

Comment - Support for amendments 

Timothy J. Hagerty, Kentucky Chamber of Commerce 

Richard A. Schutt, US. EPA 

Those commenting would like to have their support of the 

amendments to 401 KAR 51:001,401 KAR 51 :017, and 401 KAR 

51 :052 noted. 

Response 

The cabinet acknowledges this comment. 

General Comment 

(a) Comment - The Division for Air Quality should invalidate permits 

and permit revisions , 

Andrea lssod, Sierra Club 

Craig Segall, Sierra Club 

"First, the Division must take immediate action to protect public 

health by invalidating permits and permit revisions unlawfully 

issued under the state's deficient SIP. [...I Kentucky's State 

Implementation Plan ("SIPn) currently does not meet federal SIP 

requirements because it fails to require major new sources of 

nitrogen oxides (NOx) to demonstrate they will not cause or 

contribute to violation of ozone national ambient air quality 

standads ("NAAQS"). Kentucky's SIP only requires major 

sources of volatile organic compounds (VOCs) to conduct 

ambient monitoring and impact analyses for ozone." 
(b) Response 

The cabinet does not concur. The purpose of this public 

comment period is to receive and consider comments pertaining 

to proposed amendments in 401 KAR 51 :001, 401 KAR 51 :Ol?, 

and 401 KAR 51 :052. Comments on specific permits are outside 

the scope of this public comment period. Any permits issued after 

September 14, 2009, shall follow and comply with 401 KAR 

51 :001 E, 51 :017E, and 401 KAR 51:052E, which requires major 

sources emitting significant amounts of volatile organic 

compounds or nitrogen oxides to complete an ambient air quality 

impact analysis for ozone. Therefore, any permits issued by the 

Division for Air Quality will comply with federal requirements. 

(3) General Comment 

(a) Comment - The Division for Air Quality must require public notice 

of the amount of increment consumed in all Class I areas 

Andrea Issod, Sierra Club 

Craig Segall, Sierra Club 

"Second, the Division must make an additional change in its 

regulations to require public notice of the amount of increment 

consumed in all Class I areas. [...I The Kentucky SIP, as it is has 

been interpreted by the Kentucky Division for Air Quality and the 

Kentucky state courts, violates PSD requirements by failing to 

require public notice of the amount of increment consumed in all 

Class I areas." 

(b) Response 

The cabinet does not concur. The Kentucky Court of Appeals, in 

Envtl. And Pub. Prot. Cabinet v. Sierra Club, No. 2007-CA001723-MR (Ky. App. 2008), has recently upheld the cabinet's 

public notice requirements. As the Court of Appeals reiterated, 

the cabinet's public notices are intended and do encourage 

participation in the permitting process in the Commonwealth. 

In addition, the New Source Review portion of Kentucky's Air 

Quality Program has been approved by the U.S. EPA by its 

approval into Kentucky's State Implementation Plan (SIP). 

Therefore, Kentucky Courts have jurisdiction over issues such as 

the one raised by Sierra Club. The Kentucky Court decisions are 

binding on the cabinet whereas, the Environmental Appeals 

Board decision, cited by the commenter, is not. In addition both, 

40 C.F.R. 51 .I66 and 401 KAR 52:100 Section 5(10), do not 

specifically require that Class I increment consumption be 
published. Therefore, the Division's public notices comply with all 

state and federal requirements. The Emergency and proposed 

amended versions of 401 KAR 5l:OOl, 51:017, and 51:052 are 

sumcient and will not be modified due to this comment. 

(4) General Comment 

(a) Comment - Technical amendments are required to conform with 

KRS Chapter 13A 

Legislative Research Commission 

(b) Response 

The cabinet concurs. The administrative regulations have been 

amended accordingly. 

(5) General Comment 

(a) Comment - Technical amendments to the administrative 

regulations are necessary to comply with the federal regulations 

Kentucky Division for Air Quality 

(b) Response 

The cabinet concurs. The administrative regulations have been 

amended accordingly. 
- Summary of Statement of Consideration 

General Summary 

On October 28, 2009, the cabinet conducted a public hearing to receive 

comments on the proposed administrative regulations listed below. This 

Statement of Consideration (SOC), filed with the Legislative Research 

Commission in accordance with the requirements of KRS Chapter 13A, relates to 

these administrative regulations. 

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

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

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

The proposed administrative regulations were published in the October 1, 2009, 

issue of the Administrative Register of Kentucky. 

This SOC presents a summary of all relevant comments submitted and the 

cabinet's responses. 

Prominent advertisement of the hearing was published thirty days prior to the 

hearing in accordance with KRS Chapter 13A. The Public Hearing Notice and 

copies of the proposed administrative regulations were distributed to individuals 

on the cabinet's mailing list. Copies of the proposed administrative regulations 

were distributed to all division personnel, to members of the Environmental 

Quality Commission, and to other interested persons. Copies were also kept on 

file for public inspection in the Division's Regional Offices, select County Clerk's 

Offices, and the Louisville Metro Air Pollution Control District for at least thirty 

(30) days prior to the hearing. 

Summary of Comments 

The cabinet received five (5) written statements regarding the proposed 

administrative regulations prior to adjournment of the public comment period. No 

oral statements were received. 

The written statements contained a total of six (6) separate comments, which 

included the following subjects: 

Comments supporting the amendments 

Invalidate permits and permit revisions 

Change public notice requirements 

Amendments are required for technical and 

clarification purposes 

2 comments 

1 comment 

1 comment 

2 comments 
Action Taken by Promulgating Administrative Body 

The cabinet proposes the following amendments: 

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

Page 1 

RELATES TO 

Line 7 

After "Chapter I, Part 50", delete the comma. 

Lines 8 and 9 

After "51.166,", insert the following: 

51 Appendix S, 52.920,53,60,60 Appendices A, B, 

Appendix B, 63 Appendices A - D, 70.2, 75,82 

Delete the following: 

53,60,60 Appendices A and B, 61,61 Appendix B, 63 

Appendices A to Dl 75 

Page I 

NECESSITY, FUNCTION, AND CONFORMITY 

Lines 11 and 12 

After "KRS 224.1 0-1 OO", insert "requires". 

Delete "authorizes". 

Page 2 

Section 1 (2)(b) 

Lines 10 and 11 

After "(b)", insert the following: 

Source-specific allowable emissions for the unit are 

equivalent to actual emissions of the unit if the cabinet has 

made an equivalency determination pursuant to 40 C.F.R. 

51 .I66 

Delete the remainder of paragraph (b), except the period. 

Page 2 

Section I (2)(d)2. 

Line 16 

After "51 :017, Section", insert "20". 

Delete "23". 

Pages 2 and 3 

Section 1(4)1., 2., and 3. (Should Have Been Section 1(4)(a), (b), and (c)) 

Lines 23,1, and 4 

Note to Compiler. Renumber subparagraphs 1 ., 2., and 3. as paragraphs (a), (b), 

and (c), respectively. 
Page 3 

Section 1(4)2. (Should Have Been Section 1(4)(b)) 

Line 2 

After "impairment", insert a comma. 

Page 3 

Section l(6) 

Line 8 

After ""Air contaminant" is defined", insert "bJ". 

Delete "in". 

Page 3 

Section l(8) 

Line 10 

After ""Air pollution" is defined", insert "bJ". 

Delete "in". 

Page 4 

Section l(14) 

Lines 15 through 18 

After "(1 4) "Alternative method"", insert the following: 

is defined by 40 C.F.R. 60.2. For purposes of this definition, 

"administrator" means both U.S. EPA and the cabinet 

Delete the remainder of subsection (1 4), except the period. 

Page 5 

Section 1 (20)(a)2. 

Line 20 

After "2. Use of a", insert "cabinet-approved". 

Lines 20 and 21 

After "is allowed, if", delete "the cabinet determines that". 

Page 6 

Section 1 (20)(b)l .a. 

Line 11 

After "Includes fugitive emissions", insert a comma. 

After Yo the extent quantifiable", insert a comma. 

Page 8 

Section 1(21)(a) 

Line 3 

After "42 U.S.C. 7407, delete the space before ll(d)(l)(A)(ii)". 

Page 9 

Section 1(24)(b) 

Line 18 
After "activities", insert a comma. 

Page 11 

Section l(31) 

Line 6 

After ""Cabinet" is defined", insert "w. 

Delete "in". 

Page 15 

Section l(51) 

Line 5 

After "to sample, condition", delete the comma. 

Page 16 

Section 1 (55)(b) 

Line 8 

After "gas flow rate", insert "&. 

Delete the comma. 

Page 16 

Section l(58) 

Line 18 

After ""District" is defined", insert "by". 

Delete "in". 

Page 17 

Section l(64) 

Line 15 

After "EUSGU", insert a comma. 

page223 

Section l(114) 

Line 16 

After ""Major modification"", insert the following: 

is defined bv 40 C.F.R. 51 .I 65(a)(l XV) for 401 KAR 51 :052 and by 

40 C.F.R. 51 .I 66(b)(2) for 401 KAR 51 :017. 

Delete the remainder of (1 14) in its entirety. 

Page 26 

Section l(ll8)(a)l .a. 

Line 3 

After "emit", insert a comma, 

Page 26 

Section 1(1 l8)(a)l .b. 

Line 18 
After "b.", insert ''W. 

Page 27 

Section 1 (I 18)(a)2. 

Line 11 

After "production plants;", insert ''[ii) Regardless". 

Delete "2. With the exceptionn. 

Line 12 

After "I b", insert "u. 

Page 27 

Section l(1 l8)(a)3. 

Line 14 

After "pollutant; or", insert "2,". 

Delete "3.". 

Page 29 

Section 1(118)(c)27. 

Line 6 

After "27.", insert "Another". 

Delete "Any". 

Page 29 

Section 1 (I 19) 

Line 11 

After "equipment breakdown", insert the following: 

that is reasonably preventable. 

Delete the remainder of subsection (1 19) in its entirety. 

Page 31 

Section l(l3O)(b) 

Line 10 

After "source baseline date", insert the following: 

pursuant to 40 C.F.R. 51.166(b)(14)(iv) 

Page 32 

Section 1 (l36)(b)l. 

Line 13 

After "repair,", insert "and". 

Delete "or". 

Page 33 

Section l(l42) 

Line 17 

After "means those", insert "naturally occurring". 

Delete "naturally-occurring". 
Page 57 

Section l(220) 

Line 8 

After "as defined in", insert "subsection (21 8) of'. 

Page 57 

Section l(221) 

Line 13 

After "as defined in", insert "subsection (21 8) of". 

Page 59 

Section 1 (240) 

Line 17 

After "the entire county", insert "i$. 

Delete "shall be". 

Lines 18 and 19 

After "Chapters 50 to 65", delete the remainder of this subsection, except 

the period. 

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

Page 1 

RELATES TO 

Line 7 

After "52.21 ,", insert the following: 

52.26, 53, 58 Appendix A, 60,61,63,70.6 

Delete the following: 

Part 58, Appendix A, 60,61,63 

Page I 

NECESSITY, FUNCTION, AND CONFORMITY 

Line 12 

After "KRS 224.1 0-1 OOn, insert "requires". 

Delete "authorizes". 

Line 14 

After "abatement", insert a comma. 

Page 2 

Section l(4) 

Line 10 

After "subsection (5)", delete "or (6)". 

Page 2 

Section I (4)(a) 
Line 16 

After "subparagraphs I to", insert "3". 

Delete "4". 

Page 6 

Section 5(1) 

Line 14 

After "(I)", insert "Pursuant to". 

Delete "The cabinet may, after". 

Line 16 

After "401 KAR 52:l OO,", insert "the cabinet may". 

Page 7 

Section 5(2)(b) 

Line 14 

After "exclusion shall", insert "mJ". 

Page 10 

Section 7(1)(c)27. 

Line 14 

After "category", insert "that". 

Delete "which". 

Page 10 

Section 7(1)(d)l. 

Line 18 

After "relocate the sourcen, insert ", and the". 

Delete "and". 

Page 16 

Sections 7(9) and 7(9)(a) and (b) 

Lines 4 through 10 

After "(g)", insert the following: 

If the owner or operator of the source or modification 

submitted an application for a permit under 40 C.F.R. 52.21 

or this administrative regulation before the date the 

provisions embodying the maximum allowable increases for 

-- PMlo took effect and the cabinet subseauently determined 

that the application as submitted before that date was 

complete, the requirements of Section 9(2) of this i administrative rwulation shall: 

[a) Not ap~ly to a stationary source or modification for a 

maximum allowable increase for PMN: and 

/b) Apply for the maximum allowable increases for TSP as in 

effect on the day the application was submitted. 
Delete the remainder of subsection (9) in its entirety, including paragraphs 

(a) and (b). 

Page 21 

Section 13(4)(a) 

Lines 8 and 9 

After "(a)", insert the following: 

If the cabinet requires monitoring of visibility in a Class I area 

impacted by the proposed new stationary source or major 

modification, the monitorina shall be performed 

Delete the following: 

The cabinet may require monitoring of visibility in a Class I area 

impacted by the proposed new stationary source or major 

modification 

Page 21 

Section l3(4)(a)(l) through (6) (Should have Been Section l3(4)(a)l. 

through 6.) 

Lines 10 through 15 

Note to Compiler: Renumber subsections (1) through (6) as subparagraphs 1. 

through 6., respectively. 

Page 21 

Section 13(4)(a)6. 

Line 15 

After "Other", insert "U.S. EPA-approved methods". 

Delete the remainder of subparagraph 6., except the period. 

Page 21 

Section 14(1) 

Line 23 

After "cabinet shall provide", insert a colon. 

Delete the semicolon. 

Page 24 

Section 14(5)(b) 

Lines 1 through 4 

After "(b)", insert the following: 

If limitations are necessaw, the cabinet may issue the permit 

or permit revision with emissions limitations necessaw to 

assure that emissions of sulfur dioxide, particulate matter, 

and nitroqen oxides will not exceed the maximum allowable 

increases over minor source baseline concentration for the 

pollutants as specified in Section 2(1) of this administrative 

redation if: 
A. The federal land manager concurs with the demonstration 

specified in paragraph (a) of this subsection and certifies 

accordingly; and 

2. The other applicable requirements of this administrative 

regulation are met. 

Delete the remainder of paragraph (b) in its entirety. 

Page 54 

Section 20 I 

Line 6 

After "The cabinet", insert "shall onlf. 

Delete "may". 

Page 58 

Section 20(6)(h) 

Line 22 

After "an electronic format", delete the following: 

or other generally-acceptable format approved by the cabinet 

Page 61 

Section 20(8)(b) 

Line 3 

After "PEMS, or CPMS", insert the following: 

if the alternate monitoring svstem demonstrates 

Delete "to demonstrate". 

Page 63 

Section 20(9)(d)3. 

Line 2 

After "PAL at a", insert "different level if the". 

After "level", delete "that". 

Page 67 

Section 20(l l)(e)2. 

Line 14 

After "less frequent interval", insert "if. 

Page 67 

Section 20(11)(93. 

Line 22 

After "3.", insert TT. 

Delete "If technically practicable, the". 

Page 68 

Section 20(11)(93. 

Line 2 
After "PAL permit issuance", insert the following: 

if the cabinet determines that the testinq is required and 

technically practicable 

Delete the remainder of subparagraph 3., except the period. 

Page 68 

Section 20(1l )(i) 

Line 18 

AfteiWor other", insert "scientifically valid means if". 

Delete "scientifically-valid means". 

Page 69 

Section 20(13) 

Line I1 

After "401 KAR, insert "52:020, 52:030, and 52:04ON. 

Delete "Chapter 52". 

Page 71 

Section 20(14)(b) 

Lines 12 and 14 

After "2006, with a", insert the following: 

different PAL if the new 

After "PAL", delete "that". 

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

nonattainment areas. 

Page 1 

RELATES TO 

Lines 6 and 7 

After "40 C.F.R. Part 51 ", insert the following: 

Appendix S, Part 51 Subpart 1,51.165,51.166,51.300, 

51.307, 52.21, 60.61, 70.6 

Delete the following: 

, Subpart 1, 51.165, 51.166,52.21,60,61 

Page 1 

NECESSITY, FUNCTION, AND CONFORMITY 

Line 13 

After "abatementn, insert a comma. 

Page 6 

Section 2(3)(aa) 

Line 6 

After "category", insert "ti&'. 
Delete "which" 

Page 10 

Section 5(1) 

Line 10 

After "shall be", insert the following: 

, where baseline actual emissions as defined in 401 

KAR 51:001, Section 1(20), shall not be used for 

determining the baseline for emissions offsets 

Delete (c) in its entirety. 

Page 10 

Section 5(2) 

Line 20 

After "for emissions offset", insert "purposes". 

Line 21 

After "existing control", insert "if the existina control". 

Delete "that". 

Page 21 

Section 10(l )(d)l . Lines 1 and 2 

After "nonprofit educational institution", delete the comma. 

Page 23 

Section 1 O(4) 

Lines 13 - 14 

After "July 1 ,", insert "2009". 

Delete "2003". 

Page 23 

Section 1 O(5)(b) 

Lines 20 and 21 

After "permit, the cabinet", insert "shall consider". 

Delete the following: 

may take into account the overriding factors of 

Page 23 

Section 10(5)(b)l. 

Line 22 

After "The", insert "costs". 

Delete "cost". 

Page 51 

Section 1 1 (6)(h) 

Line 21 
After "format", delete the following: 

or another acceptable format approved by the cabinet 

Page 54 

Section 1 1 (8)(b) 

Line 5 

After "PEMS, or CPMS", insert the following: 

if the alternate monitoring svstem demonstrates 

Delete "to demonstrate". 

Page 56 

Section 1 1 (9)(d)3. b.(iv) 

Line 11 

After "reductions;", insert "g. 

Delete "and". 

Page 61 

Section 1 1 (I l)(f)3. 

Line 2 

After "3.", insert "TM. 

Delete "If technically practicable, the". 

Line 5 

After "PAL pennit issuance", insert the following: 

if the cabinet determines that the testing is required and 

technicallv practicable 

Delete the remainder of subparagraph 3., except the period. 

Page 61 

Section I I (I I )(i) 

Line 23 

After "or other", insert "scientifically valid". 

Delete "scientifically-valid". 
Steven L. Beshear 

Governor 

December 1,2009 

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 

Leonard K. Peters 

Secretary 

Senator Elizabeth Tori, Co-Chair 

Representative Leslie Combs, Co-Chair 

c/o Emily Caudill 

Administrative Regulation Review Subcommittee 

Legislative Research Commission 

029, Capitol Annex 

Frankfort KY 40601 

Re: 401 KAR 51:OOl. Definitions for 401 KAR Chapter 51. 

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

Dear Co-Chairs Tori and Combs: 

After discussions with Administrative Regulation Review Subcommittee staff of the issues 

raised by 401 KAR 51:001 and 401 KAR 51:052, the Kentucky Division for Air Quality proposes 

the attached amendments to 401 KAR 51:001 and 401 KAR 51:052. 

Sincerely, 

Laura Lund, Environmental Technologist II 

Kentucky Division for Air Quality 

. 200 Fair Oaks Lane, Frankfort, KY 

-3 An Equal Opportunity Emp10yer M/F/D K~,@GY 
Suggested Amendment 

ENERGY AND ENVIRONMENT CABINET 

Department for Environmental Protection 

Division for Air Quality 

40 1 KAR 5 1:001. Definitions for 401 KAR Chapter 5 1. 

Page 27 

Section 1(118)(a) l.b.(ii) 

Line 21 

After "size specified in", insert the following: 

subclause (il of this clause 

Delete the following: 

subparagraph lb(i) of this paragraph 
Suggested Amendment 

ENERGY AND ENVIRONMENT CABINET 

Department for Environmental Protection 

Division for Air Quality 

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

nonattahnent areas. 

Page 10 

Section 5(1) 

Line 11 

After "offsets shall be,", insert "considering; that". 

Delete "where". 
1 ENERGY AND ENVIRONMENT CABINET 

2 Department for Environmental Protection 

3 Division for Air Quality 

4 (Amended After Comments) 

9 401 KAR 51 :001. Definitions for 401 KAR Chapter 51. 

6 RELATES TO: KRS 48.01 0(15Kal, 224.01-010, 224.20-1 00, 224.20-1 10, 224.20- 

7 120, 40 C.F.R. Chapter I, Part 50[d Aooendices A-R, [-I 51.100(s), 

8 51.121, 51.165, 51.166, 51 AQD O&- i .9 0 I 

9 nepdix 6.63 Appendices A - D.. 7U. 7&m [L fl 

10 0],96,42 U.S.C. 7401-76714, €0 2009-538 

* 11 STATUTORY AUTHORITY: KRS 224.1 0-1 00(5), EO 2009-538 

12 NECESSITY, FUNCTION, AND CONFQRMIW: FRS ,224.10-100 [l&EZWAG 

13 4@3(5)] reauires 1-1 [qukes] the cabinet [L 

14 Cabhe#] to promulgate administratiye regulations for the prevention, 

15 abatement, and control of air pollution. EO 2009-538, effective June 12. 200,9, 

f6 establishes the Enem and Envimnment Cabinet. This administrative regulation defines 

17 the terms used in 401 KAR Chapter 51. The definitions contained 'in this administrative 

I8 regulation are neither more stringent nor otherwise different than the corresponding 

19 federal definitions. 

20 Section 1. Definitions. (1) "Acid rain emissions limitation" means a limitation on 

21 emissions of SO2 or NOx imposed by the Acid Rain Program under 42 U.S.C. 7651 to 

1 
2 (2) "Actual emissions" means the actual rate of emissions of a regulated NSR 

3 pollutant from an emissions unit, as determined according to the following: 

4 (a) Actual emissions as af a particular date equals the average rate, in tons per year, 

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

6 month period, that precedes that date and is representative of normal source operation. 

7 1. Use of a different time period is allowed if the cabinet determines that a different 

8 time period is more representative of normal source operation; and 

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

10 processed, stored, or cornbusted during the selected time period are used to calculate 

11 actual emissions. 

12 (b) Source-specific allowable emissions for the unit are eauivalent to actual 

emissions of th . . e un~t if the cabinet has made an equivalencv determination 

pursuant to 

MI. 

(c) For an 

40 

emissions 

C.F.R. 51..1 

unit, 

66 

that has 

6 

not begun normal operations on the particular 

date;- adual emissions equals the potential to emit of the unit on that date. 

(d) This definition does not include: 

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

2. Establishing a PAL under 401 KAR 51 :017, Section - [a]. A 

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

major stationary source based on the baseline actual emissions of all emissions units at 
I the source that emit or have the potential to emit the PAL pollutant. 

2 (4) "Adverse impact on visibility'' means visibility impairment that interferes with the 

3 management, protection, preservation, or [-I enjoyment of the visitor's 

4 visual experience of the Class I area. This determination: 

5 @ [&I Is to be made on a case-by-case basis; 

6 f@ [a] Considers the geographic extent, intensity, duration, frequency and time of 

7 visibility impairment, and how these factors correlate with the times of visitor use of the 

8 Class I area; and 

9 &J [%I Considers the frequency and timing of natural conditions that reduce 

10' visibility. 

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

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

13 atmosphere. 

14 (6) "Air contaminant" is defined & ri] KRS 224.01-01 O(1). 

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

16 (8) "Air pollution" is defined & [&I] KRS 224.01 -010(3). 

17 (9) "Air pollution control equipment" means a mechanism, device. or [ -1 

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

19 control laws and administrative regulations, vital to production of the normal product of 

20 the source or to its normal operation. 

21 (10) "Allocateu or "allocation" means the determination by the cabinet of the number 

22 of NOx allowancks to be crsdited to a NOx budget unit. 

23 (1 1) "Allocation period" means each three (3) year period beginning May 1,2004. 
1 (1 2) "Allowable emissians" means: 

' 2 (a) The emissions rate of a stationary source [#xi%] calculated using the maximum 

3 rated capacity of the source, unless the source is subject to federally-enforceable limits 

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

5 the following: 

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

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

8 date; or 

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

10 including those with a future compliance date; or 

(b) For an actuals PAL, the emissions rate of a statipnary source [tbaHs] calculated 

conddering any emission limitations that are enforceable as a practical matt,er on the 

emissions unit's potential to emit, and the most stringent provision of paragraph (all to 

3 of this subsection. 

(1 3) "Alteration" means: 

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

" 

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

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

the facility or that results in the emission of an air pollutant, ta which astandad a~plies, 

20 [[not previously emitted. 

2 1 (14) "Alternative method" is demed bv 40 C.F.R. 60.2. For pi~poses of this Y 

22 r" means both US EPA and me cabinet 1- - 
(15) "Ambient air" means that portion of the atmosphere, external to buildings, to 

which the general public has access. 

(16) "Ambient air quality standardw means a numerics! expression of a specified 

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

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

through the application of appropriate preventive or control measures. 

(1 7) "ANSI" means American National Standards Institute. 

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

(1 9) "ASTMw means American Society for Testing and Materials. 

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

regulated NSR pollutant, that: 

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

emitted during any cons 

operator within th 

operator begins actual construction of the project. 

1. The rate is an average that: 

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

with startups, shutdowns, and malfunctions; 

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

the source was operating above an emission limitation that was legally enforceable 
1 during the consecutive twenty-four (24) month period; and 

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

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

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

2. Use of a cabinet-approved time period other than the twenty-four (24) month 

period is allowed, if [[I a different time period is more 

representative of normal source operation; and 

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

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

units being changed with [v] a different consecutive twenty-four (24) 

month period [is] allowed for each regulated NSR pollutant. 

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

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

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

immediately preceding the earlier of the date the owner or operator begins actual 

construction df the project or the date a complete permit application is received by the 

cabinet for a permit required under 401 KAR 51 :OA 7 or [48U4PtB] 51 :052. 

1. The rate is an average that: 

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

with startups, shutdowns, and malfunctions; 

b. la adjusted downward: 

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

23 operating above an emission limitation that was legally enfaceable during the 
consecutive twenty-four (24) month period; 

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

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

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

period; and 

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

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

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

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

51 .165(a)(3)(ii)(G); and 

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

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

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

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

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

units being changed with [v] a different consecutive twenty-four (24) 

month period [is] ailowed for each regulated NSR pollutant. 

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

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

for all other purposes, equals the unit's potential to emit. 

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

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

paragraph (a) of this subsection; 
1 2. For other existing emissions units, in accordance with the procedures contained 

2 in paragraph (b) of this subsection; and 

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

5 (21) "Baseline area" means an intrastate area, and every part of that area, 

6 designated as attainment or unclassifiable pursuant to 42 U.S.C. 7407 (d)(l)fA)(ii) or (iii) 

7 in which the niajor source or major modification establishing the minor source baseline 

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

9 pglm3 annual average of the pollutant for which the minor source baseline date is 

10 established. 

11 (a) Area redesignations under 42 U.S.C. 7407[-](d)(l )(A)(ii) ar (iii) cannot intersect 

12 or be smaller than the area of impact of a major stationary source or major modification 

13 that: 

14 I. Establishes a minor source baseline date; or 

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

16 Kentucky. 

17 (b) A baseline area established originally for total suspended particulate (TSP) 

18 increments remains in effect to determine the amaunt of available PMiO increments, 

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

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

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

22 (a) A baseline concentration is determined for each pollutant for which a minor 

23 source baseline date is established and includes: 

8 
1. The actual emissions representative of sources in existence on the applicable 

minor source baseline date, except as provided in paragraph (b) of this subsection; and 

2. The allowable emissions of major stationary sources that commenced 

construction before the major source baseline date but were not in operation by the 

applicable minor source baseline date. 

(b) The following are not included in the baseline concentration and thus affect the 

maximum applicable altowable increase: 

1. Actual emissions at a major source, that result from construction commencing 

after the major source baseline date; and 

2. Actual emissions increases and decreases at a stationary source occurring after 

the minor source baseline date. 

(23) "8aseline daten means major source baseline date or minor source baseline 

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

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

modification would'construct is designated as attainment or unclassifiable pursuant to 

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

application; and 

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

amounts; or 

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

the pollutant. 

(24) "8egin actual constrwction" means: 

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

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

laying underground pipe work, and construction of permanent storage structures. 

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

preparatory activities, that mark the initiation of the change. 

(25) "Best available control technologyn or "BACT" means an emissions {imitation, 

including a visible emission standard, based on the maximum degree of reduction for 

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

source or major modification that: 

(a) Is determined by the cabinet on a case-by-case basis pursuant to 40 C.F.R. 

51.166(b)(12) after taking into account energy, environmental, and economic impacts 

- -. -. . - . .. 

and other costs, to be achievable by the source or modification through application of 

production processes or available methods, systems, and techniques, including fuel 

cleaning or treatment or innovative fuel combustion techniques for control of that 

pollutant; 

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

allowed by an applicable standard codified in [efl40 C.F.R. Parts 60 and 61; and 

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

combination of standards approved by the cabinet, if: 

I. The cabinet determines technological or economic limitations on the application 

of measurement methodology to a particular emissions unit would make the imposition 

of an emissions standard infeasible; 

2. The standard establishes the emissions redud'10n achievable by implemtation 

of the design, equipment, work practice, or [ pmstk-w] operation; and 
1 3. The standard pmvides for compliance by means that achieve equivalent results. 

(26) "BOD" means biochemical oxidant demand. 

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

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

(28) "BTU" means British thermal unit. 

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

activities that: 

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

group code, as described in the Standard Industrial Classification Manual[*]; 

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

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

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

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

(31) "Cabinet" is defined By [ha] KRS 224.01-OlO(9). 

(32) "Cal" means calorie. 

(33) "Capital expenditure" is defined in 40 C.F.R. 60.2. 

(34) "cfm" means cubic feet per minute. 

(35) THC means methane. 

(36) "Clean coal technology" means a technology, including technologies applied at 

the precombustion, combustion, or postcombustion stage, at a new or existing facility 

that will achieve significant reductions in air emissions of sulfur dioxide or oxides of 

nitrogen associated with the utilization'of coal in the generation of electricity or process 

steam that was not in widespread use as of November 15,1990. 
1 (37) "Clean coal technology demonstration projectf1 means a commercial 

2 demonstration of clean coal technology, with a federal contribution of at least twenty 

3 (20) percent of the total cost of the project and funding appropriated as fotlows: 

4 . (a) Under the heading "Department of Energy-Clean Coal Technology," up to a total 

5 amount of $2,500,000,000; or 

6 (b) To the US. EPA for a similar project. 

16 (38)[@9j] "Clinker"' means the product of a portland cement kiln from which finished 

17 cement is manufactured by milling and grinding. 

18 (39)C(40j] "CO" means carbon monoxide. 

19 (401rWl "C02- means carbon dioxide. 

20 (41 )[o] "COD" means chemical oxidant demand. 

23 (42)[(44)] "Combined cycle system" means a system comprised of one (1) or more 
1 combustion turbines, heat recovery steam generators, or steam turbines configured to 

2 improve overall efficiency of electricity generation or steam production. 

3 (43)[@5j] "Combustion turbinen means an enclosed fossil or other fuel-fired device 

4 that is comprised of a compressor, a combustor, and a turbine, and in which the flue 

5 gas resulting from the combustion of fuel in the combustor passes through the turbine, 

' 6 rotating the turbine. 

7 /44)[(4@] "Commence" means that an owner or operator: 

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

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

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

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

12 facility; or 

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

14 NSR program, has all necessary preconstruction approvals or permits, and: 

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

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

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

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

19 program of actual construction of the source to be completed Within a reasonable time. 

20 (451[0] "Commence commercial operation" means to have begun to produce 

21 steam, gas, or other heated medium used to generate electricity for sale or use. Except 

- 22 as provided in 401 KAR 51:195 or 40 C,F.R. 96.5: 

23 (a) For a unit that is a NOx budget unit under 40 C.F.R. 96.4, on the date the unit 
1 commences commercial operation, the date remains the unit's date of commencement 

2 of commercial operation even if the unit is subsequently modified, reconstructed, or 

3 repowered. 

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

5 unit commences commercial operation, the date the unit becomes a NOx budget unit 

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

(46)[0} "Commence operation" means, for a NOx budget unit, to have begun a 

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

chamber. Except as provided in 401 KAR 51 :I 95 or 40 C.F.R. 96.5: 

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

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

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

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

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

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

16 (47)Cwl "Complete" means, in reference to an application for a major NSR permit, 

17 that the application contains information necessary for processing the application. 

18 Designating an application complete for permit processing does not preclude the 

19 cabinet from requesting or accepting additional information. 

20 (48)[@Qj] "Compliance schedule" means a time schedule of remedial measures 

21 including an enforceable sequence of actions or operations leading to compliance with a 

22 limitation or standard. 

23 (4911fsl)I "Compliance supplement pool" m6ms the quantity of NOx allowances 
1 provided to Kentucky by the U.S. €PA to be: 

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

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

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

5 (50)[0] "Constnrction" means: 

6 (a) Fabrication, erection, installation, or [i] modification of an air 

7 contaminant source; or 

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

9 operation, including fabrication, erection, installation, demolition, or modification of an 

10 emissions unit that would result in a change in emissions at an air contaminant source. 

11 (51)[0] "Continuous emissions monitoring system" or "CEMS" means all of the 

12 equipment that may be required to meet the data acquisition and availability 

13 requirements of 401 KAR 51:017 or [4W--WR] 51:052 to sample, condition[,] (if 

14 applicable), analyze, and provide a record of emissions on a continuous basis. 

15 (52)[@+] "Continuous emissions [etffissien] monitoring system for NOx" or "CEMS 

16 for NOxN means the equipment required by 40 C.F.R. 96.70 to 96.76 to sample, 

17 analyze, measure, and provide, by readings taken at least once every fifteen (15) 

18 minutes of the measured parameters, a permanent record of NOx emissions, expressed 

19 in tons per hour for NOx. The following systems are necessary component parts, as 

20 required by 40 C.F.R. Part 75, included in a continuous emissions [etmsmw . . ] monitoring 

21 system: 

22 (a) Flow monitor; 

23 ' (b) NOx pollutant concentration monitor; 

15 
(c) Diluent gas monitor (02 or Con) if requid by 40 C.F.R. 96.70 to 96.76; 

(d) Continuous moisture monitor if required by 40 C.F.R. 96.70 to 96.76; and 

(e) Automated data acquisition and handling system. 

(53)[0] "Continuous emissions rate monitoring system" or "CERMS" means the 

total equipment required for the determination and recording of the pollutant mass 

emissions rate in terms of mass per unit of time. 

(54)[@6j] "Continuous monitoring system" means the total equipment, required 

under the applicable administrative requlations in 401 KAR Chapters 50 to 65, 

[-I used to sample, to condition (if applicable), to analyze, and 

to provide a permanent record of emissions or process parameters. 

(55)1@7j] "Continuous parameter monitoring system" or "CPMS" means all of the 

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

KAR 51 :017 and [4Q+kAR] 51 :052 to: 

(a) Monitor process and control device operational parameters such as control 

device secondary voltages and electric currents; 

(b) Monitor other information such as gas flow rate ,[,I ozone or carbon dioxide 

concentrations; and 

' (c) Record average operational parameter values on a continuous basis. 

(56)C(€58j] "Control period" means: 

(a) For the year 2004, the period beginning May 31, 2004, and ending September 

30,2004, inclusive; and 

(b) For all other years, the period beginning May 1 of a year and ending September 

30 of the same year, inclusive. 
1 (57)[Cas)] "Director" means Director of-the Division for Air Quality of the Energy and 

2 Environment [[I Cabinet. 

3 (58)[w] "District" is defined b~ [b] KRS 224.01-01 O(11). 

4 /59)[@4j] "dsd' means dry cubic feet at standard condiimns. 

5 /60)[-] -"dscmq means dry cubic meter at standard conditions. 

6 (61 1[@3j] "Electric generating unit" means, for 401 KAR 51 :I60 to [44M-K4R] 

7 51:195, a fossil fuel-fired boiler, combustion turbine, or a combined cycle system used 

8 to generate twenty-five (25) megawatts or more of electricity, some of which is offered 

9 for sale. 

10 (62)[0] "Electric utility steam generating unit" or "EUSGU" means, for the PSD 

11 and NSR programs: 

12 (a) A steam electric generating unit [tk#-k] constructed for the purpose of supplying 

13 for sale: 

14 1. More than one-third (113) of its potential electric output capacity, and 

15 2. More than twenty-five (25) megawatt electrical output to a utility power distribution 

16 system for sale; and 

17 (b) Steam to a steam-electric generator that would prockrce electrical energy Is also 

18 considered in determining the electrical energy output capacity of the affected facility. 

19 (63)[w] "Emission standardheans that numerical limit that fixes the amount of an 

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

21 affected fadtii or from air pollution contml equipment insfaled in an affected facility. 

22 (64)[0] "Emissions unit" means any part of a stationary source. inchdinq [settrse 

23 itwkhg] an EUSGU, that emits or has [wikbwe] the potential to emit a regulated NSR 
pollutant. For 401 KAR 51:017 and [-I 51:052, there are two (2) types of 

emissions units: 

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

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

operated; and 

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

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

(65)[(67j] "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 [-I 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 shall [W] use to achieve and demonstrate compliance 

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

reporting. 

(66)[@8j] "Equivalent method" means a method of sampling and analyzing for an air 

pollutant that has been demonstrated to the cabinet's and the US. EPA's satisfaction 

pursuant to 40 C.F.R. 53.3 to have a consistent and quantitatively known relationship to 

the reference method, under specified conditions. 

(67)[@Qj] "Excess NOx emissions" means any tonnage of nitrogen oxides emitted 

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

limitation for the unit. 

(68)CwJ "Exempt compound" or "exempt solvent" means an organic compound 
1 listed in the definition of volatile organic compound as not participating in atmospheric 

2 photochemical reactions. 

3 (69)[w] "Existing source" means a source that is not a new source. 

- 4 (76)[0] "Extreme nonattainment county" or "extreme nonattainment arean means 

5 a county or portion of a county designated extreme nonattainment for the one (1) hour 

6 national ambient air quality standard for ozone in 401 KAR 51 :010. 

7 /71)[0] "OF means degree Fahrenheit. 

8 (72)[(74)] "Federal land manager" means, for any lands in the United States, the 

9 secretary of the department with authority over those lands. 

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

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

12 (a) Requirements developed under 40 C.F.R. Parts 60 and 61 ; 

13 (b) Requirements in the Kentucky state implementation plan (SIP) approved by the 

14 US. €PA; and 

15 (c) Any permit requirements established under 40 C.F.R. 52.21 or under regulations 

16 approved under 40 C.F.R. Part 51, Subpart I, including operating permits issued under 

17 an EPA-approved program incorporated into the SIP, that expressly requires adherence 

18 to a permit issued under the program. 

19 (74)[-] "Federally-enforceable permit" means a permit issued under 401 KAR 

20 52:020 or [404XMt] 523330, as appropriate. 

21 (75)[0] "Fixed capital cost" means the capital needed to provide all the 

22 depreciable components. 

23 (76)[(?8+] "Fossil fuel" means natutal gas; petroleum; coal; 1-1 or 
1 a form of solid, liquid, or gaseous fuel derived from natural gas, petroleum, or coal. 

2 (77)[0] "Fossil fuel fired" means, for a unit: 

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

4 fossil fuel cornbusted comprises more than fi (50) percent of the annual heat input on 

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

6 1995, during the last year of operation of the unit prior to 1995; or 

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

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

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

10 the year the unit begins cornbusting fossil fuel. 

I1 (78)[@0] "ft" means feet or foot. 

12 (79)[0] "Fuel" means natural gas; ~etroleurn; coal; wood; 1- 

we&] or a form of solid, liquid, or gaseous fuel derived from these materials for the 

purpose of creating useful heat. 

(80)(@2)] "Fugitive emissions" means those emissions that could not reasonably 

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

(s?lC@3)] "g" means gram. 

(82){0] "gal" means gallon. 

mw] "General fund" is defined by KRS 48.OlO(l5Ha). [-I 

(84)[0] "Generator" means a device that produces electricity. 

(85)[m] "gr" means grain. 

(86)[0] "HCI" means hydrochloric acid. 

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

20 
I calorific value of the fuel, in BTU per Ib, and the fuel feed rate into a combustion device, 

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

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

4 flue gases, or exhaust from other sources; and 

5 (b) Is measured, recorded, and reported to the cabinet by the NOx authorized 

6 account representative in accordance with 40 C.F.R. 96.70 to 96.76. 9 

7 (&8)[@Qj] "HF" means hydrogen fluoride. 

8 (89)[(Wjl "Hg" means mercury. 

9 (90)[@2)] "High terrain" means an area having an elevation of 900 feet or more 

10 above the base of the stack of a source. 

12 (9l,[O"hr" means hour. 

12 (92)r@4)] "Hydrocarbon" means an organic compound consisting predominantly of 

13 carbon and hydrogen. 

14 193)[fsa)J "Hydrocarbon combustion flare" mhns: 

15 (a) A flare used to comply with an applicable New Source Perfomance Standard 

16 (NSPS) or Maximum Achievable Control Technology (MACT) standard, including uses 

17 of flares during startup, shutdown, or malfunction permitted under the standard; or 

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

19 predominately of hydrocarbons and containing no more than 230 pgldscrn hydrogen 

20 sulfide. 

21 /942[(W)] "H20" means water. 

22 of01 "H2Su means hydrogen sulfide. 

- 23 . {961[@8)] "H2S04w means sulfuric acid. 
(97)[@Qj] "in" means inch. 

(98)[-] "Incineration" means the process of igniting and burning solid, semisolid, 

liquid, or gaseous combustible wastes. 

(99)[(%)] "Industrial boiler or turbinen means a fossil fuebfired boikr, cornbuation 

turbine, or a combined cycle system having a maximum design heat input of 250 

MMBTU per hour or more that is not an electric generating unit. 

(10Q)[o] "Innovative control technology" means a system of air pollution control 

that has not been adequatelydemonstrated in practice, but has [vilkave] a substantial 

likelihood of achieving: 

(a) Greater continuous emissions reduction than any control system in current 

practice; or 

(b) At least comparable reductions at lower cost in terms of energy, economics, or 

non-air [wmak] quality environmental impacts. 

(101 )[@4Bj] "Intermittent emissions" means emissions of particulate matter into the 

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

(1 02)[(94+] "J" means joule. 

(I 03)[(4-0Q] "Kg" means kilogram. 

[1Q4)[w] "1" means liter. 

(1 O5U:fl-e3-)] "lb" means pound. 

(106)rMl "Legally enforceable" means the cabinet or the U.S. EPA has the 

authority to enforce a certain restriction. 

(mo] "Long dry kiln" means a kiln that employs no preheating of the feed and 

has a dry inlet feed. 
1 (108)[(#0)] "Long wet kiln" means a kiln that employs no preheating of the feed and 

2 the inlet feed to the kiln is a slurry. 

3 (109)[(#4+] "Low terrain" means an area other than high terrain. 

4 (1 IO)[(W)I "Lowest achievable emissions rate" or "LAER" means, for any saurke, 

5 the more stringent rate of emissions based on: 

6 (a) The most stringent emissions limitation that is contained in the Kentucky SIP for 

7 the class or category of stationary source, unless the'owner or operator of the proposed 

8 stationary source demonstrates that the limitations are not achievable; or 

9 (b) The most stringent emissions limitation that is achieved in practice by the class 

10 or category of stationary sources. 

11 1. If this limitation is applied to a modification, this is the lowest achievable 

12 emissions rate for the new or modified emissions units at the stationary source. 

13 2. The application of this term does not permit a proposed new or modified 

14 stationary source to emit any pollutant in excess of the amount allowable under an 

15 applicable new source standard of performance. 

16 (Ill)[fllal] "m" means meter. 

17 (1 12)[f9.143i] "m3' means cubic meter. 

18 (1 13)Jw] "Major emissions unit" means: 

19 (a) Any emissions unit that emits or has the potential to emit 100 tons per year or 

20 more of a PAL pollutant in an attainment arka; or 

21 (b) Any emissions unit that emits or has the potential to emit a PAL pollutant in an 

22 amount that is equal to or greater than the major source threshold for the PAL pallutant 

23 as defined by the Clean Air Act, 42 U.S.C. 7401-767 lq, [MI for nonattainment areas. 
(1 14)[0] "Major modification" is defined bv 40 C.F.R. 51 .I 65!a!(_ZMyl&~AQl 

KAR 51 :052 and bv 40 C.F.R. 51.166!b)12] for 401 KAR 51 :017. [v 

1 11 

2 (1-15)[(44?+] "Major NSR permit" means a permit issued under Kentucky's PSD or 

3 NSR program. 

4 {llfj)[o] "Major sourcen means a source with a potential emission rate equa! to 

5 or greater than 100 tons per year of any one (1) of the foltowing pollutants: particulate 

6 matter, sulfur oxides, nitrogen oxides, volatile organic compounds, carbon monoxide, or 

8 (1 17)[0] "Major source baseline date" means: 

9 (a) For particulate matter and sulfur dioxide, January 6, 1975; and 

10 (b) For nitrogen dioxide, February 8, 1988. 

11 (1 18)[@23](a) "Major stationary source" means: 

12 I .a. A stationary source of air pollutants that emits, or has the potential to emit, 100 

13 tons per year or more of a regulated NSR pollutant, except that the followina lower 

14 emissions thresholds apply: 

15 Ji) For owne nonattainment areas: one hundred -(100) tons ~er year or mre of 

16 volatile orclanic comwunds or nitroaen oxides in a marainal or moderate ozone 

17 nonattainment area: fifty (50) tons per year or mote of uolatlle omanic compounds or 

18 nitroam oxides in a serious ozone nonattainment area; twenty-five (25) tons per year or 

19 more of volatile omanic comwunds or nitroaen oxides in a severe ozone nmattainment 

20 area;-ar ten (1 0) tons oer year or more of volatile bani^ cornwunds or nitrogen oxides 

21 in an extreme ozone nonattainment area; 

22 Jii) .fiffv (50) bris per year or m~re of carbon monoxide in a serious ~abn 

23 mon~xide nonattainment area where $tat'kmaril sources corrtdbute sianjficantly to 
carbon monoxide levels; and 

(iii) Seventy (70) tons per year or more of particulate matter (PMlo) - in a serious 

PMlo nonattainment area; or 

b.@J For the PSD program, any of the following stationaw sources of air pollutants 

that emits, or ha3 the potentia\ to emit, 100 tons per year or more of a regulated NSR 

pollutant: fossil fuel-fired steam electric plants of more than 250 million BTU per hour 

heat input, coal cleaning plants with thermal dryers, kraft pulp mills, portland cement 

plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction 

plants, primary copper smelters, municipal incinerators capable of charging more than 

250 tons of refuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum 

refineries, lime plants, phosphate rock processing plants, coke oven batteries, sulfur 

recovery plants, carbon black plants (furnace process), primary lead smelters, fuel 

conversion plants, sintering plants, secondary metal production plants, chemical 

process plants, except ethanol production facilities producing ethanol by natural 

fermentation under the North American lndustrv Classification System (NAICS) codes 

3251 93 or 3121 40, fossil fuel boilers, or combination of fossil fuel boilers, totaling more 

than 250 million BTU per hour heat input, petroleum storage and transfer units with a 

total storage capacity exceeding 300,000 barrels, taconite ore processing plants, glass 

fiber processing plants, and charcoal production plants; 

- of [- ] the stationary source 

size specified in subparagraph I ba of this paragraph, a stationary source that emits; or 

has the potential to emit, 250 tons per year or more of a regulated NSR pollaant; or 

- 2. [&I .Any physical change that will occur at a stationary source not otherwise 
1 qualifying under this subsection as a major stationary source, if the change will 

2 constitute a major stationary source by itself. 

3 (b) A major stationary source that is major for volatile organic compounds 9 

4 nitrogen oxides is considered major for ozone. 

5 (c) The fugitiveiemissions of a stationary source are not included in determining if 

fi the source is a major stationary source, unless the source belongs to one (1) of the 

7 following categories of stationary sources: 

8 1. Coal cleaning plants with thermal dryers; 

9 2. Kraft pulp mills; 

3. Portland cement plants; 

4. Primary zinc smelters; 

5. Iron and steel mills; 

13 6. Primary aluminum ore reduction plants; 

14 7. Primary copper smelters; 

15 8. Municipal incinerators capable of charging more than 250 tons of refuse per day; 

9. Hydrofluoric, sulfuric, or nitric acid plants; 

10. Petroleum refineries; 

11. Lime plants; 

19 12. Phosphate rock processing plants; 

20 13. Coke oven batteries; 

2 1 14. Sulfur recovery plants; 

22 15. Carbon. black plants (furnace process); 

23 16. Primaty lead smelters; 
1 17. Fuel conversion plants; 

2 18. Sintering plants; 

3 19. Secondary metal production plants; 

4 20. Chemical process plants, except ethanol production facitities producinq ethanol 

5 by natural fermentation under NAlCS codes 3251 93 or 31 2140; [m] 

6 21. Fossil-fuel boilers, or combination of fossil-fuel boilers, totaling more than 250 

7 million BTUs per hour heat input; 

'. 8 22. Petroleum storage and transfer units with a total storage capacity exceeding 

9 300,000 barrels; 

10 23. Taconite ore processing plants; 

11 24. Glass fiber processing plants; 

12 25. Charcoal production plants; 

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

14 heat input; or 

15 27. Another [Any] stationary source category that, as of August 7, 1980, is being 

16 regulated under 42 U.S.C. 741 1 or 7412. 

17 (1 19)[0] "Malfunctionw means a sudden and infrequent failure of air pollution 

18 control equipment, process equipment, or a process to operate in a normal or usual 

19 manner that is not caused entirely or in part by poor maintenance, careless operation, 

20 or other upset condition or equipment breakdown that is reasonablv preventable. 

22 - (120)[44?2)] "Mandatory Class I area" means an area identified in 40 C.F.R. Part 81, 

23 . Subpart D, if the administrator of the U.S. EPA, in consultation with the Secretary of the 
1 United States Department of Interior, has determined visibility to- be an important value. 

2 (12l)[o] "Marginal nonattainment county" or "marginal nonattainment area" 

3 means a county or portion of a county designated marginal nonattainment for the one 

4 (1) hour national ambient air quality standard for ozone in 401 KAR 51 :010. 

5 (122)[0] "Maximum design heat input" means the ability of a unit to combust a 

6 stated maximum amount of fuel per hour on a steady state basis, as determined by the 

7 physical design and physical characteristics of the unit. 

8 (123)10] "Maximum potential hourly heat inputn means an hourly heat input used 

9 for reporting purposes if [a] a unit lacks certified monitors to report heat input and is: 

10 (a) A value calculated according to 40 C.F.R. Part 75 using the maximum fuel flow 

11 rate and the maximum gross calorific value, if the unit intends to use 40 C.F.R. Part 75, 

12 Appendix D to report heat input; or 

13 (b) A value reported according to 40 C.F.R. Part 75 using the maximum potential 

14 flow rate and either the maximum percent COz concentration (in percent C02) or the 

15 minimum percent 02, if the unit intends to use a flow monitor and a diluent gas monitor. 

16 (124)[0] "Maximum potential NOx emission ratew means the emission rate of 

17 NOx (in Ib per MMBTU) calculated according to 40 C.F.R. Part 75, Appendix F, Section 

18 3, using the maximum potential NOx concentration as defined in 40 C.F.R. Part 75, 

19 Appendix A, Section 2, and the maximum percent 02 or the minimum percent C02 

20 under all operating conditions of the unit except for unit startup, shutdown, and 

21 malfunction. 

22 (125l&l-Z)] "Maximum rated hourly heat inputw means a unit specific maximum 

23 hourly heat input (MMBTU) that is the higher of the manufacturer's maximum rated 
1 hourly heat input or the highest observed houriy heat input. 

2 (1 26)[w] ['%I#] means microgram. 

3 (1 27)[0] "mg" means milligram. 

4 (1 28)[0] "Mid-kiln firing" means the secondary firing in kifns by injecting solid fuel 

5 at an intermediate point in the kiln using a specially designed feed injection mechanism 

6 for the purpose of decreasing NOx emissions through: 

7 (a) Burning part of the fuel at a lower temperature; and 

8 (b) Reducing-conditions at the solid waste injection point that may destroy some of . 

9 the NOx formed upstream in the kiln burning zone. 

10 (1 29)[@34-)] "min" means minute. 

11 (1 30)[0](a) "Minor source baseline date" means the earliest date after the trigger 

12 date on which a major stationary source or a major modification subject to 40 C.F.R. 

13 52.21 or to administrative regulations approved under 40 C.F.R. 51.166 submits a 

14 complete application under the a~~licable administrative [dew&] regulations. 

15 1. For particulate matter and sulfur dioxide, the trigger date is August 7, 1977; and 

16 2. For nitrogen dioxide, the trigger date is February 8, 1988. 

17 (b) A minor source baseline date established originally for the TSP increments 

1% remains in effect to determine the amount Of available PMlo increments, except that the 

19 cabinet may rescind the minor source baseline date pursuant to 40 C.F.R 

20 51.166(bW1~ if it is demonstrated [dwvm] to the satisfaction of the cabinet that the 

21 emissions increase from the major modification responsible for triggering that date did 

22 not result in a significant amount of PMio emissions. 

23 (c) The baseline date is established for each pollutant for which increments or other 

31 
equivalent measures have been established if: 

1. The area in which the proposed source or modification will construct is 

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

for the pollutant on the date of its carnplete ap~l'mt'in pursuant to 401 KAR Chapter 

4 52; [[I and 

2. For a major stationary source, the pollutant will be emitted in significant amounts 

or a significant net emissions increase of the pollutant will occur for a major 

modification. 

(1 31 )[o] "MJ" means megajoules. 

(1 32)[(4-3)] "mm" means millimeter. 

(1 33)[0] "MM" means million. 

(I 341101 "mom means month. 

/135)[0] "Moderate nonattainment county" or "moderate nonattainment area" 

means a county or portion of a county designated moderate nonattainment for the one 

(1) hour national ambient air quality standard for ozone in 401 KAR 51 :010. . 

(136x01 "Modification" means any physical change in, or a change in the 

method of operation of, an affected facility that: 

(a) Increases the amount of any air pollutant (to which a standard applies) emitted 

into the atmosphere by that facility or that results in the emission of any air pollutant (to 

20 which a standard applies) into the atmosphere not previously emitted; and 

21 (b) Is not solely: 

22 1. Maintenance, repair, a [er] replacement that the cabinet determines to be 

23 routine for a source category; 
1 2. An increase in production rate of an affected facility, if that increase can be 

2 accomplished without a capital expenditure on that facility; 

3 3. An increase in the hours of,operation; 

4 4. Use of an alternative fuel or raw material if, prior to the date a standard becomes 

applicable to that source type, the affected facility was designed to accommodate that 

alternative use. A facility is considered to be designed to accommodate an alternative 

fuel or raw material if that use could be accomplished under the facility's construction 

specifiations as amended prior to the change; 

5. Conversion to coal required for energy considerations, as specified in 42 U.S.C. 

6. The addition or use of a system or device the primary function of which is the 

reduction of air pollutants, unless an emission control system is removed or replaced by 

a system that the cabinet determines to be less environmentally beneficial; or 

14 7. The relocation or change in ownership of a source. 

15 (137)[&38)] "Monitoring device" means the total equipment, required by an [k] 

16 applicable administrative reaulation in 401 KAR Chapters 50 to 65, 1-1 used 

17 to measure and record, if applicable, process parameters. 

18 (138)[(MQj] "Monitoring system" means a monitoring system that meets the 

19 requirements of 40 C.F.R. Part 96. 

20 (1 39)[w] "MWe" means megawatt electrical. 

2 1 (1 40&l-&!)] "NT means nitrogen. 

22 (141 )[(W)" "Nameplate capacity" means the maximum electrical generating output 

23 (in MWe) that a generator can sustain over a specified period of time if not restricted by 
1 seasonal or other demtings as measured with United States Department of Energy 

2 standards pursuant to 40 C.F.R. 96.2. [stadads] 

3 (142)[w] "Natural conditions" means those naturatlv occurring [na#wa#p 

4 -1 phenomena that reduce visibility as measured in terms of visual range, 

5 contrast, or coloration. 

6 (1 43)[0] "Necessary preconstruction approvals or permits" means those permits 

7 or approvals required under the administrative regulations approved to the Kentucky 

8 SIP pursuant to 40 C.F.R. 52.920, and federal air quality.control laws and regulations 

9 established pursuant to 42 U.S.C. 7401-7671% [-I 

10 (144)[(446j](a) "Net emissions increase" means, for any regulated NSR pollutant 

11 emitted by a major stationary source, the amount by which the sum of subparagraphs 1 

12 and 2 of this paragraph exceeds zero: 

13 1. An increase in emissions from a particular physical change or change in method 

14 of operation at a stationary source as calculated pursuant to 401 KAR 51:017, Section 

- 

15 l(4) or 401 KAR 51 :052, Section l(2); and 

16 2. Any other increases and decreases in actual emissions at the major stationary 

. 17 source that are contemporaneous with the particular 'change and are otherwise 

18 creditable. Baseline actual e.missions for calculatinn increases and decreases under 

19 this paraaraph are determined as defined in this section. 

20 (b) An increase or decrease in actual emissions is contemporaneous with the 

21 increase from the particular change only if: 

22 1. For construction that commences prior to Januaty 6, 2002, the change occurs 

23 between the date ten (10) years before construction on the change commences, and 
1 the date that the increase from the change occurs; and 

2 2. For construction that commences on and after January 6, 2002, the change 

3 occurs between the date five (5) years before construction on the change commences, 

4 and the date that the increase from the change occurs. 1 

5 (c) An increase or decrease in actual emissions is creditable only if: 

6 1. The cabinet or the U.S. EPA has not relied on the change in issuing a permit for 

7 the source pursuant to 401 KAR 51:017, [4OMAR] 51:052, or 40 C.F.R. 52.21; and 

8 2. The permit is in effect at the time the increase or decrease in actual emissions 

9 from the particular change occurs. [ewm+a& 

13 (d) An increase or decrease in actual emissions of sulfur dioxide, particulate matter, 

14 or nitrogen oxides that occurs before the applicable minor source baseline date is 

15 creditable only if it is required to be considered in calculating the amount of maximum 

16 allowable increases remaining available. For particulate matter, only PMlo emissions 

17 are used to evaluate the net emissions increase for PMlo. 

18 (e) An increase,in actual emissions is Mitable only to the extent that the new level 

19 of actual emissions exceeds the old level. 

20 (f) A decrease in actual emissions is creditable only to the extent that: 

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

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

23 2. The decrease is enforceable as a practical matter at and after the time that actual 
construction on the particular change begins; and 

3. The decrease has approximately the same qualitative significance for public 

health and welfare as that attributed to the increase from the particular channe. 

(g) An increase that results from a physical change at a source occurs if the 

emissions unit on which construction occurred becomes operational and begins to emit 

a particular pollutant. A replacement unit that requires shakedown becomes operational 

only after a reasonable shakedown period, not to exceed 180 days. 

(h) The term, actual emissions, as defined in subsection (2) of this section does not 

apply in determining creditable increases and decreases. 

(145)[o] "New source" means a source, the construction, reconstruction, or 

modification of which commenced on or after the classification date as defined in the . 

applicable administrative regulation, irrespective of a change in emission rate. 

(146)[(44@] "Nitrogen oxides" means all oxides of nitrogen except nitrous oxide, as 

measured by test methods specified by the cabinet. 

((01 "ngw means nanograms. 

(1 48)$$SJj] "NO" means nitric oxide. 

(1 491fC3a-1-)] "NO2" means nitrogen dioxide. 

(150)1(4-52# "Nonattainment major new source review program" or "NSR program" 
1 means a major source preconstruction permit program that has been approved by the 

2 U.S. EPA and incorporated into the Kentucky SIP to implement the requirements of 40 

3 C.F.R.51.165and40C.F.R.Part51,ApgendixS. 

4 (751 )[o] "NOx" means nitrogen oxides. , 

5 (1521[w] "NOx allowance1' means an authorization to emit one (1) ton of NOx 

6 during a control period under the NOx Budget Trading Program. 

7 (153_1[0] "NOx Allowance Tracking System (NATS)" means the system by which 

8 the U.S. €PA records allocations, deductions, and transfers of NOx allowances under 

9 the NOx Budget Trading Program. 

10 (154)[&56j] "NOx authorized account representative" means the [w&utal] person 

11 who is authorized by the owner or operator to: 

12 (a) Represent and legally bind the owner and operator in all matters pertaining to 

13 the NOx Budget Trading Program in accordance with 40 C.F.R. Part 96, Subpart B for a 

14 NOx budget source and all NOx budget units at the source; and 

15 (b) Transfer or otherwise dispose of NOx allowances held in the general account in 

16 accordance with 40 C.F.R. Part 96, Subpart F, for a general account. 

(155)[0] "NOx budget emissions limitation" means, for a NOx budget unit, the 

tonnage equivalent of the NOx allowances available for compliance deduction for the 

unit and for a control period under 401 KAR 51:160 adjusted by deductions of sufficient 

NOx allowances to account for: 

(a) Actual utilizat'in under 40 C.F.R. 96.42(e) for the control period; 

(b) Excess NOx emissions for a prior control period under 40 C.F.R. 96.54(d); 

(c) Withdrawal from the NOx budget program under 40 C.F.R. 96.86; or 
1 (d) A change in regulatory status for a NOx budget opt-in source under 40 C.F.R. 

2 96.87. 

3 (156)[(4-5@] "NOx budget opt-in source" means an affected facility that has elected 

4 to become a NOx budget unit under the NOx Budget Trading Program and whose NOx 

5 budget opt-in permit has been issued and is in effect. 

6 (157)[@-59)] "NOx budget source" means a source that includes one (3) or more 

7 NOx budget units. 

8 (1 58)[0] "NOx Budget Trading Program" means the multistate NOx air pollution 

9 control and emission reduction program established and administered by the U.S. EPA 

10 under 40 C.F.R. 51.121 or 52.34, as a means of mitigating the interstate transport of 03, 

I 1 O3 precursors, and NOx. 

12 (159)[(4-64+] "NOx budget unit" means a unit [tkk-k] subject to the NOx Budget 

13 Trading Program emissions limitation under 401 KAR 51:160 or 40 C.F.R. 96.80. 

14 (160)[(4-62)] "NOx budget unit operator" means a person who operates, controls, or 

15 supervises a NOx budget unit, a NOx budget source, or a unit for which an application 

16 for a NOx budget opt-in permit under 401 KAR 51:195 is submitted and not denied or 

. 17 withdrawn and includes a holding company, utility system, or plant manager of a NOx 

18 budget unit or source. I 

19 (161 )To] "NOx budget unit owner" means: 

20 (a) A holder of a portion of the legal or equitable title in a NOx budget unit or in a 

21 unit for which an application for a NOx budget opt-in permit under 401 KAR 51:195 is 

22 submitted and nat denied or withdrawn; 

' 23 (b) A holder of a leasehold interest in a NOx budget unit or in a unit for which an 
1 application for a NOx budget opt-in permit under 401 )CAR 51:195 is submitted and not 

2 denied or withdrawn; 

3 (c) A purchaser of power from a NOx budget unit or from a unit for which an 

4 application for a NOx budget opt-in permit under 401 KAR 51:195 is submitted and not 

5 denied or withdrawn under a life-of-the-unit, firm power contractual amanclement and 

6 1-1 unless expressly provided for in a leasehold agreement, does 

7 [[

not indude a passive lessor, or a person who has an 

8 equitable interest through the lessor, whose rental payments are not based, either 

9 directly or indirectly, upon the revenues or income from the NOx budget unit or the unit 

10 for which an application for a NOx budget opt-in permit under 401 KAR 51:195 is 

11 submitted and not denied or withdrawn; or 

12 (d) For any general account, a person who has an ownership interest with respect to 

13 the NOx allowances held in the general account and who is subject to the binding 

14 agreement for the NOx authorized account representative to represent that person's 

15 ownership. 

16 (162)[@4Mj] means oxygen. 

17 (1 631)[w] means ozone. 

18 (1641[0] "Opacity" ineans the degree to which emissions reduce the 

19 transmission of tight and obscure the view of an object in the background. 

20 (165)[(4#j] "Operatingn means, for a NOx budget unit, having documented heat 

21 input for more than 876 hours in the six (6) months immediately preceding the 

22 submission of an application for an initial NOx budget permit. 

' 23 (166)[w] "Operator" means, for a NOx budget unit, any person who operates, 
controls, or supervises a NOx budget unit, a NOx budget source, or unit for which an 

application for a NOx budget opt-in permit is submitted and not denied or withdrawn, 

and includes any holding company, utility system, or plant manager of the unit or 

source. 

/167)[@€@] "Opt-in" means to be elected to become a NOx budget unit under the 

NOx Budget Trading Program through a final NOx budget opt-in permit. 

(168)[@7Qj] "Owner" means, for a NOx budget unit, the following persons: 

(a) A holder of any portion of the legal or equitable title in a NOx budget unit or in a 

unit for which an application for a NOx budget opt-in permit under 40 C.F.R. 96.83 is 

submitted and not denied or withdrawn; 

(b) A holder of a leasehold interest in a NOx budget unit or in a unit for which an 

application for a NOx budget opt-in permit under 40 C.F.R. Part 96.83 is submitted and 

not denied or withdrawn; 

(c) A purchaser of power from a NOx budget unit or from a unit for which an 

application for a NOx budget opt-in permit under 40 C.F.R. 96.83 is submitted and not 

denied or withdrawn under a life-of-the-unit, firm power contractual arrannement and . 

1-1 unless expressly provided for in a leasehotd agreement, 

[wme~] does not include a passive lessor, or a person who has an equitable interest 

through the lessor, whose rental payments are not based upon the revenues or income 

from the NOx budget unit or the unit for which an application-for a NOx budget opt-in 

permit under 40 C.F.R. 96.83 is submitted and not denied or withdrawn; or 

(d) Wih respect to a general account, a person who has an ownership interest with 

respect to NOx allowances held in the general account and who is subject to the binding 
1 agreement for the NOx authorized account representative to represent that person's 

2 ownership interest with respect to NOx allowances. 

(169)[w] "Owner or operator" means a person who owns, leases, operates, 

controls, or supervises an affected facility or a source to which an affected facility is a 

part. 

11 7O)[(-)] "ozn means ounce. 

(171)[@73)] "Ozone depleting potentialn or "ODP", means pursuant to [as 

-1 40 C.F.R. Part 82, Subpart A, Appendices A and B, [~WX~RS] 

the ratio of the total amount of ozone destroyed by a fixed amount of an ozone depleting 

substance to the amount of ozone destroyed by the same mass of 

1 1 trichloroflouromethane (CFC-11) in which the ozone depletinq potential of CFC-11 is 

12 eaual to one and zero tenths (1.0'). [-t CF- I . ., 

13 CFC ?eqtx&A&] 

14 (1 72)[@74j] "Ozone depleting substance" or "ODs" means any chemical compound 

15 regulated under 40 C.F.R. Part 82 with decay products, after the photolysis of the ODs 

16 by short-wave ultraviolet light, that are able to catalyze the destruction of stratospheric 

17 ozone. 

18 (1 73)[@7Q] "PAL effective date" means: 

19 (a) The date of issuance of the PAL permit; or 

20 (b) For an increased PAL, the date any emissions unit that is part of the PAL major 

21 modification becomes operational and begins to emit the PAL pollutant. 

22 (174)J$W3j] "PAL effective period" means the period beginning with the PAL 

23 effective date and ending ten (10) years later. 
I /I 75)[0] "PAL major modification" means any physical change in or a change in 

2 the method of operation of the PAL source that causes it to emit the PAL pollutant at a 

3 level equal to or greater than the PAL. 

4 (1.76&4%$)] 'PAL permit" means the permit issued by the cabinet that establishes a 

5 PAL for a major stationary source. 

6 (1 77)[(47€Q} "PAL pollutant" means the pollutant for which a PAL is established at a 

7 major stationary source. 

8 (1 78)[0] "Particulate matter" means a materiai, except uncombined water .that 

9 exists in a finely divided form as a liquid or a solid measured by an approved test 

10 method. 

11 (179)[@-€Hj] "Particulate matter emissions" means, except as used in 40 C.F.R. Part 

12 60, all finely divided solid or liquid material, other than uncombined water, emitted to the 

13 ambient air as measured by applicable reference methods, or an equivalent or 

14 alternative method specified in 40 C.F.R. Chapter I, or by a test method specified in the 

15 Kentucky SIP. [[I 

16 (180I[0] "Peak load" means the maximum instantaneous operating load. 

17 (181 )[o] "Permitted capacity factor" means the annual permitted fuel use divided 

i. 

18 by the manufacturer's specified maximum fuel consumption multiplied by 8,760 hours 

19 per year. 

20 11 82)[w] "Person" is defined by KRS 224.01 -01 O(17). 

21 (183)[(4Sj] "Plant-wide applicability limitation" or "PAL" means an emission 

22 limitation, expressed in tons per year, for a pollutant at a major stationary source, that is 

23 enforceable as a practical matter and is established source-wide in accordance with 401 
1 KAR 51:017 ar 51:052. [5?:C???, 7322, .Se&wW] 

2 (184)[0] "PM2.5n means particulate matter with an aerodynamic diameter less 

than or equal to a nominal two and five-tenths [- (2.5) micrometers as 

measured by a reference method in 40 C.F.R. Part 50, Appendix L, and designated in 

accordance with 40 C.F.R. Part 53, or by an equivalent method designated in 

accordance with 40 C.F.R. Part 53. 

(185)[@€Vj] "PMIG1 means particulate matter with an aerodynamic diameter less 

than or equal to a nominal ten (10) micrometers as measured by a reference method in 

40 C.F.R. Part 50, Appendix J and designated in accordance with 40 C.F.R. Part 53, or 

by an equivalent method designated in accordance with 40 C.F.R. Part 53. 

(186)[w] "PMlo emissions" means finely divided solid or liquid material with an 

aerodynamic diameter less than or equal to a nominal ten (10) micrometers emitted to 

the ambient air as measured by an applicable reference method, or an equivalent or 

alternative method [w&b&]- specified in 40 C.F.R. Chapter I, or by a test method 

specified 

[I 

in the Kentucky SIP. [[I 

- n 

8 4 . . 

9 T 6. . 

.3 U. 

rl 

-1 

(187)[ol "Pollution prevention" means any activity that through process changes, 

product reformulation or redesign or substitution of less polluting raw materials, 

eliminates or reduces the release of air pollutants to the environment, including fugitive 

emissions, prior to recycling, treatment, or disposal and does not include recycling, 

other than certain in-process recycling practices, energy recovery, treatment, or 

disposal. 

f188xo] "Portland cement" means a hydraulic cement produced by pulverizing 

clinker consisting essentially of hydraulic calcium silicates. 

/1891[@%2)] "Portland cement kiln" means a system, including solid, gaseous or 

liquid fuel combustion equipment, used to calcine and fuse raw materials, including 
1 limestone and clay, to produce Portiand cement clinker. 

2 (190)[(493j] "Potential to emit" or "PTE" means: 

3 (a) The maximum capacity of a stationary source to emit a pollutant under its 

4 physical and operational design, in which: [w-kw] 

5 1. A physical or operational limitation on the capacity of a source to emit an air 

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

7 or on the type or amount of material combusted, stored, or processed, [shsdkbe] 

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

9 2. This definition does not alter or affect the use of this term for other purposes of 

10 the Clean Air Act, 42 U.S.C. 7401-7671% [A&] or the term "capacity factor" as used in 

11 the Acid Rain Program. 

12 (b) For the PSD and NSR programs, the maximum capacity of a stationary source to 

13 emit a pollutant under its physical or operational design, in which: [+&em] 

14 1. A physical or operational limitation on the capacity of the source to emit a 

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

16 or on the type or amount of material combusted, stored, or processed, is treated as part 

17 of its design if the limitation or the effect it would have on emissions: 

18 a. Is federally enforceable; or 

19 b. For an actuals PAL, is federally enforceable or enforceable as a practical matter; 

20 and 

2 1 2. Secondary emissions are not counted. 

22 (191 )[o] "ppb" m&ns parts per billion. 

23 (1 92)rw] "ppm" means parts per million. - 
(193)[(4-%jJ "ppm(w1w)" means parts per million (weight by weight). 

(194)[@Wj] "Precalciner kiln" means a kiln in which [wkeFe] the feed to the kiln 

system is preheated in cyclone chambers and utilizes a second burner to calcine 

material in a separate vessel attached to the preheater prior to the final fusion in a kiln 

that forms clinker. 

(195)[(4438jj "Predictive emissions monitoring system" or "PEMS" means all of the 

equipment necessary to monitor process parameters, such as control device secondary 

volta~es and electric currents, and to monitor control device operational parameters, 

[

such as gas flow rate, ozone concentrations, or [ezow-w] carbon dioxide 

concentrations, and to calculate and record the mass emissions rate on a continuous 

basis. 

[1961[w] "Preheater kiln" means a kiln in which [where] the feed to the kiln 

system is preheated in cyclone chambers prior to the final fusion in a kiln that forms 

clinker. 

(197)[-] "Prevention of Significant Deterioration Program" or "PSD Program" 

means a major source preconstruction program that has been approved by the U.S. 

EPA and incorporated into the Kentucky SIP to implement the requirements of 40 

C.F.R. 51 .I66 or 52.21. 

[

I 

n- 

. . -1 

(1981[0] "Project" means a physicd change in or change in method of operation 

of an existing major stationary source. 
1 (1 99)[0] "Projected actual emissionsn means: 

2 (a) The maximum annual rate, in tons per year, at which an existing emissions unit 

3 is projected to emit a regulated NSR pollutant in any one (IJ of the five (5) years, in a 

4 twelve (12) month period, following the date the unit resumes regular operation after the 

5 project, or in any one (1 ) of the ten (1 0) years following that date, if: 

6 1. The project involves increasing the emissions unit's design capacity or its 

7 potential to emit the regulated NSR pollutant; and 

8 2. Full utilization of the unit would result in a significant emissions increase or a 

9 significant net emissions increase at the major stationary source. 

10 (b) To determine projected actual emissions, before beginning actual construction, 

11 the owner or operator of the major stationary source: 

12 I .a. Considers all relevant information, including historical operational data and the .. 13 company's own representations of expected and highest projected business activity% 

14 [a&b@+] filings with the cabinet and the US. EPA, f4J.S. fPPA+] and compliance plans 

15 under the Kentucky SIP; 

16 b. Includes fugitive emissions and emissions associated with startups, shutdowns, 

17 and malfunctions; and 

18 c. Excludes, in calculating any increase in emissions that results from a project, that 

19 portion of the unit's emissions following the project that an existing unit couM have 

20 accommodated during the consecutive twenty-four (24) month period used to establish 

21 the baseline actual emissions and that are also unrelated to the project, including any 

22 increased utilization due to product demand grawth; or 

23 2. Eleds to use the emissions unit's potential to emit, in tons per year, instead of 
1 using subparagraph 1 of this paragraph to determine projected actual emissions. 

2 (200)[0] "psia" means pounds per square inch absolute. 

3 (201 )[@o] "psig" means pounds per square inch gage. 

4 (202)[06)] "RACTIBACTILAER Clearinghouse" or "RBLC" means the U.S. EPA's 

5 online collection of previous RACTIBACTILAER determinations. 

6 /203)[@07)] "Reactivation of a very clean coal-fired EUSGU" means a physical 

7 change or change in the method of operation associated with the commencement of 

8 commercial operations by a coal-fired utility unit after a period of discontinued operation 

9 if the unit: 

10 (a) Has not been in operation for the two (2) year period between November 15, 

11 1988, and November 15, 1990, and the emissions from that unit continue to be carried 

12 in the Kentucky emissions inventory after November 15, 1990; 

13 (b) Was equipped prior to shutdown with a continuous system of emissions control 

14 achieving a removal efficiency for sulfur dioxide of no less than eighty-five (85) percent 

15 and a removal efficiency for particulates of no less than ninety-eight (98) percent; 

16 (c) Is equipped with low-NOx burnets prior to the time of commencement of 

17 operations following reactivation; and 

18 (d) Is otherwise in compliance with the requirements of 42 U.S.C. 7401 to 7671q. 

19 (204)[o] "Reasonable further progress" means annual incremental reductions in 

20 emissions of the relevant air pollutant as required by 42 U.S.C. 7501 to 7515 or may 

21 reasonably be, required by the U.S: EPA for the purpose of ensuring the attainment of 

22 the applicable ambient air quality standard by the applicable date specified. 

23 (205_2[o] "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 fifty (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 of 401 KAR Chapters 50 to 65. 

(206)[@40j] "Reference method" means a method of sampting 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 0; 40 C.F.R. Part 61, Appendix B; or 40 C.F.R. 

Part 63, Appendices A to 0. 

(207)ifaail-$1 "Regulated NSR pollutant" means the following: 

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

promulgated and any constituents or precursors for such pollutants identified by the 

U.S. EPA; 

(b) A pollutant [tkit-k] subject to any standard promulgated under 42 U.S.C. 741 1 ; 

(p) A pollutant [#ha%] subject to a standard promulgated under or established by 42 

U.S.C. 7671 to 7671q; or 

(d) A pollutant that otherwise is subject to regulation under 42 U.S.C. 7401 to 

7671q, except that any hazardous air poltutant (HAP) listed in 42 U.S.C. 7412 or qdded 

to the list pursuant to 42 U.S.C. 7412(b)(2), that has not been delisted pursuant to 42 

U.S.C. 7412(b)(3), is not a regulated NSR pollutant*unless the listed HAP is also 

regulated as a constituent or precursor of a general pollutant listed under 42 U.S.C. 

7408. 
1 (208)[(242)] "Replacement unit" means an emissions unit that does not generate 

2 creditable emissions reductions by shutting down the existing emissions unit that is 

3 replaced, and that: 

4 (a)l. Is a reconstructed unit within the meaning of 40 C.F.R. 60.1S(b)(I) or that 

5 completely takes the place of an existing emissions unit; 

6 2. Is identical to or functionally equivalent to the replaced emissions unit; and 

7 3. Does not alter the basic design parameters of the process unit. 

8 (b) Replaces a unit that: 

9 1. Is permanently removed from the major stationary source, is otherwise 

10 permanently disabled, or is prohibited from operating by a permit that is enforceable as 

1 1 a practical matter; and 

12 2. If brought back into operation, is considered a new emissions unit. 

13 (209)[0@)] "Repowering" means: 

14 (a) [%I Replacement of an existing coal-fired boiler with one (1) of the foHowing 

15 clean coal technologies: 

16 1. Atrnos~heric or pressurized fluidized bed combustion; 

17 2. Integrated gasification combined cvcle; 

18 3. Magneto hvdrodvnamics; 

19 4. Direct and indirect coal-fired turbines; 

20 5. Integrated gasification fuel cells: or 

2 1 6. Pursuant to 40 C.F.R. 51.166, as determined bv the U.S. EPA in consultation 

22 with the Secretan/ of Enemv: 

23 a. A derivative of one (1 or more of the technologies listed in sutiparagraphs 1 to 5 
of this paragraph; or 

b. Another technology capable of controlling multiple combustion emissions 

simultaneously with improved boiler or generation efficiency and with sianificantly 

greater waste redtictiin relative to the performance of technoloqy in widespread 

commercial use as of November 15,1990. 

l-

. . . . 

n r , "' 

~n 

8. a 

-1 

(b)T2;] An oil or gas-fired unit that has been awarded clean coal technology 

demonstration funding as of January 1, 1991 by the Department of Energy. 

@[@)I A permit application from a source pursuant to this subsection receives pba4 

. . -1 expedited consideration by the cabinet and is 

granted an extension under 42 U.S.C. 7651 h. 

(21 0)[0] "Responsible officiala means: 

(a) For a corporation: a president, secretary, treasurer, or vice-president of the 

corporation in charge of a principal business function, or other person who performs 

similar policy or decision-making functions for the corporation, or a duly-authorized 

representative of that person if the representative is responsible for the overall operation 
I of one (1) or more manufacturing, production, or operating facilities applying for or 

2 subject to a permit; and 

3 1. The facilities employ more than 250 persons or have gross annual sales or 

4 expendiiures exceeding $25,000,000 in second quarter 1980 dotlars; or 

5 2. The delegation of authority to the representative is approved in advance by the 

6 cabinet pursuant to this subsection; [cabh&] 

7 (b) For a partnership or sole proprietorship, a general partner or the proprietor, 

8 respectively; 

9 (c) For a municipality, state, federal, or other public agency, a principal executive 

10 officer or ranking elected official. The principal executive officer of a federal agency 

11 includes the chief executive officer having responsibility for the overall operation of a 

12 principal geographic unit of the agency; or 

13 (d) For the acid rain portion of a permit for an affected source, the designated 

14 representative. 

15 (21 1)[@4!S)J "Runn means the net period of time, either intermittent or continuous 

16 within the limits of good engineering practice, when an emission sample is collected. 

17 (212)[(246)] "S" means at standard conditions. 

18 (21 3)[0] "sec" means second. 

19 (21 4)[(2Mj] "Secondary emissions" means emissions that: 

20 (a) Occur as a result of the construction or operation of a major stationary source or 

21 major modification, and do not come from the major stationary source or major 

22 modification itself; 

23 (b) Are specific, well defined, quantifiable, and impact the same general area as the 
1 stationary source modification that causes the secondary emissions; 

2 (c) Include emissions from an offsite support facility that would not otherwise be 

3 constructed or increase its emissions as a result of the construction or operation of the 

4 major stationary source or major modification; and 

5 (d) Do not include emissions that come directly from a mobile source, including 

6 emissions from the tailpipe of a motor vehicle, a train, or vessel. 

7 [215)[(249)] "Serious nonattainment countyn or "serious donattainment area" means 

8 a county or portion of a county designated serious nonattainment for the one (1) hour 

9 national ambient air quality standard for ozone in 401 KAR 51 :010. 

10 (21 6)[(=)] "Severe nonattainment county" or "severe nonattainment area" means 

I I a county or portion of a county designated severe nonattainment for the one (1) hour 

12 national ambient air quality standard for ozone in 401 KAR 51 :010. 

13 (21 7)[(3&24)] "Shutdown" means the cessation of an operation. 

(21 8)[@22j] "Significantw means: 

15 , (a) For 401 KAR 51 :017, in reference to a net emissions increase or the potential of 

16 a source to emit any of the pollutants listed in the following table, a rate of emissions 

17 that would equal or exceed a corresponding rate listed in the table: 

I POLLUTANT I EMISSIONS RATE I 

Carbon monoxide 

I 

Nitmgen oxides 1 40 ~PY 1 

100 tons per year (tpy) 

Ozone depleting substance 100 tpy 

Sulfur dioxide 40 @Y 

Patticulate matter 25 tpy of patiidate matter emissions 
Ozone 

Lead 

Fluorides , 

Sulfuric acid mist 

Hydrogen sulfide (H2S) 

Total reduced sulfur 

(including H2S) 

Reduced sulfur 

compounds (including H2S) 

Municipal waste combustor 

organics (measured as 

total tetra- through octachlorinated dibenzo-pdioxins and dibenzofurans) 

Municipal waste combustor 

metals (measured as 

particulate matter) 

Municipal waste combustor 

acid gases (measured as 

sulfur dioxide and 

hydrogen chloride) 

15 tpy of PMio emissions 

40 tpy of volatile organic compounds or 

nitrogen oxides 

0.6 tpy 

3 ~PY 

7 tPY 

10 ~PY 

10 ~PY 

3.2 x 'lo4 megagrams per year (Mgly) 

(3.5 x 10" tpy) 
Municipal solid waste 

landfill emissions 

(measured as nonmethane 

organic compounds) 

(b) For 401 KAR 51 :017, 

a source to emit a regulated NSR pollutant that is not listed in the table in paragraph (a) 

of this subsection, any emissions rate. 

(c) For 401 KAR 51:017, in reference to an emissions rate or a net emissions 

increase associated with a major stationary source or major modification, that is to be 

constructed within ten (10) kilometers of a Class I area, an impact on that area equal to 

or greater than one (1) yg/m3 over a twenty-four (24) hour average. 

(d) For 401 KAR 51 :052, in reference to a net emissions increase or the potential of 

a source to emit any of the pollutants listed in the following table, a rate of emissions 

that would equal or exceed a corresponding rate listed in the table: 

POLLUTANT 

Carbon monoxide 

Ozone depleting substance I00 tpy I I 

Nitrogen oxides 40 ~PY 

Sulfur dioxide 

I nitrogen oxides 1 

40 ~PY 

Ozone 40 tpy of volatile organic compounds 3 

Lead 0.6 tpy 

(el For 401 KAR 51:052, with the exception of the significant emissions rate for 
1 ozone in this subsection, significant means, in reference to an emissions increase or net 

2 emissions increase, a rate of emissions that exceeds the followina: 

3 1. Twenty-five (25) tons per year of volatile organic compounds or nitrogen oxides 

4 in a serious or severe ozone nonattainment area; or 

5 2. Any increase in actual emissions of volatile orcranic compounds or nitrogen 

6 oxides in an extreme ozone nonattainment area. 

7 if) For 401 KAR 51:052, with the exception of the siqnificant emissions rate for 

8 carbon monoxide in this subsectioh, significant means, in reference to an emissions 

9 increase or net emissions increase, a rate of emissions of carbon monoxide that equals 

10 or exceeds fifty (50) tons per year in a serious nonattainment area for carbon monoxide 

11 in which a stationary source contributes siqnificantlv to carbon monoxide levels. 

12 (21 9)[(223j] "Significant emissions increase" means, for a regulated NSR pollutant, 

13 an increase in emissions that is equal to or greater than the emission level that is 

14 significant for that pollutant. 

15 (220)[0] "Significant emissions unitn means an emissions unit that emits orchas 

16 the potential to emit a PAL pollutant in an amount [tht-is] equal to or greater than the 

17 applicable significant level as defined in subsectionf of- this 

18 section or in 42 U.S.C. 7401 to 7671q, whichever is lower for that PAL pollutant, but 

19 less than the amount that would qualify the unit as a major emissions unit. 

20 (221)[0] "Small emissions unit" means an emissions unit that emits or has the 

21 potential to emit the PAL pollutant in an amount less than the PAL pollutant's applicable 

22 significant level as defined in subsection.o.of 1- this section; or