# STATEMENT OF CONSIDERATION & REGULATIONS (as amended in responseto comment)STEVENL. BESHEAR GOVERNOR

ENERGYAND 

### ENVIRONMENT CABINET OFFICE OF THESECRETARY 500MERO STREET 12~~ FLOOR, CAPITAL PLAZA TOWER FRANKFORT, KY 40601 TELEPHONE: 502-564-3350 FACSIMILE: 502-564-3354 November 13,2009 Ms. EmilyCaudill Regulations Compiler Legislative Research Commission Capitol Annex Building, Room 029 Frankfort,Kentucky 40601 Dear Ms. Caudill: KPEIERS 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 closeofthe commentperiod: 401 KAR 51:OOl. Definitions for 401 KAR Chapter 51. 401 KAR 51:017. Prevention ofsignificant deteriorationof air quality. 401 KAR 51:052. Review ofnew sources 

### in or impacting uponnonattainmentareas. 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 copyhas been forwardedto you. Please contact Laura Lund at 564-3999, ext. 4428, if you have any questions regarding this submittal orthe public hearing. Sincerely,

Leonard K. Peters Secretary LKP111 EnclosuresSENATE MEMBERS HOUSE MEMBERS David L. Williams President, LRC Co-Chair Katie Kratz Stine President ProTern

Robert Stivers Majority Floor Leader EdWorley Minority Floor Leader DanSeum Majority Caucus Chair Johnny RayTurner Minority Caucus Chair Carroll Gibson

MajorityWhip Jerry P. Rhoads

MinorityWhip

TO:

FROM:

RE:

DATE: 

### LEGISLATIVE RESEARCH State Capitol 700 CapitolAvenue Gregory D. Sturnbo Speaker, LRC Co-Chair Larry Clark Speaker ProTern 

### 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

JohnWill Stacy

Majority Whip David Floyd Minority Whip

MEMORANDUM

Laura Lund EEC: Division for Air Quality Emily Caudill Regulations Compiler Administrative Regulations Amended Afier Comments - 401 KAR 5 1:00 1, 401 KAR 51:017,401 KAR 51:052 November 13,2009 Copiesofthe administrative regulations listed above,Amended After Comments,are enclosedforyour files. Theseadministrative regulationswillbereviewed by the Administrative Regulation Review Subcommittee at its December 2009, meeting. Please notify the proper person(s) of this meeting. Ifyou have any questions, please contactthis office at (502) 564-8100. EnclosuresSteven L. Beshear Governor Energy and Environment Cabinet Departmentfor Environmental Protection Division for Air Quality 200 Fair Oaks Lane, 1 st Floor Frankfort, Kentucky40601-1403 www.air.ky.gov Leonard K. Peters Secretary

November 17,2009 Richard Schutt, Chief Air PlanningBranch Air, Pesticides, and ToxicsManagement 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 October28,2009. 401 KAR 51:OOl. Definitions for 401 KAR Chapter 51. 401 KAR 51:017. Prevention of significant deteriorationofair 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 regulationsor Statement of Consideration. Sincerely,

Laura Lund Environmental Technologist 

### II Regulation Development Section Cc: LynoraeBenjamin Enclosures

An Equal OpportunityEmployerM/F/D

UNBRIDLE1) SPIRITSteven L. Beshear Governor Energy and Environment Cabinet Department for Environmental Protection Divisionfor Air Quality 200 Fair Oaks Lane, 1st Floor Frankfort, Kentucky 40601 -1403 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 administrativeregulations: 401 KAR 51:OOl. Defmitions for 401 KAR Chapter 51. 401 KAR 51:017. Preventionofsignificantdeterioration of air quality. 401 KAR 51:052. Review ofnew 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 questionsconcerningthese administrativeregulations or the Statement of Consideration.

Sincerely,

Laura Lund Environmental Technologist I1 Regulation Development Section Program Planningand Administration Branch

Enclosures

KentuckyUnbridledSpirit.com An Equal Opportunity Employer MEID

UN8RlDLED SPIRIT

# ECEOVE

ARRS

STATEMENT OF CONSIDERATION RELATINGTO 401 KAR 51:001. Definitionsfor 401 KAR Chapter 51. 401 KAR 51:017. Preventionof significant deteriorationof air quality. 401 KAR 51:052. Review of new sources in or impacting upon nonattainmentareas. Amended After Comments Energyand EnvironmentCabinet Departmentfor Environmental Protection Divisionfor Air Quality (1) A public hearing on the above administrative regulations was held on October28, 2009, at 10:OO a.m. in Conference Room 2018 of the Division for Air Quality (Division), 200 Fair Oaks Lane, Frankfort, Kentucky40601. (2) The following people attended this public hearing or submitted written comments: Name and Title Aaency/Orqanization/Entity/Other Testimony RichardA. Schud U.S. Environmental Protection Written Chief Agency (U.S. EPA) Air Planning Branch Andrea lssod Sierra Club StaffAttorney Craig Segall Associate Attorney Written

Timothy J. Hagerty Kentucky Chamber of Commerce Written Chair Energy and Environment Council Legislative ResearchCommission Written Kentucky Division for Air Quality Written 

### (3) The following people from the promulgating administrative body attended this public hearing or respondedto the written comments:Name and Title Kelley Herbert, EnvironmentalTechnologist I Ty Martin, EnvironmentalTechnologist 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, EnvironmentalTechnologist II * 

### - Agency Representative Summary of Comments and Responses General Comments General Comment Comment 

### - Supportfor amendments TimothyJ. Hagerty, Kentucky Chamber of Commerce RichardA. 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 acknowledgesthis 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 monitoringand impact analysesfor 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 51:001E, 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 Divisionfor Air Qualitywill complywith 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 Iareas 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 Iareas. 

## [...I The KentuckySIP, 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 Iareas." 

### (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 inthe permitting process inthe 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 bepublished. Therefore, the Division's public noticescomply 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 LegislativeResearch 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 necessaryto 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 accordancewith the requirements of KRS Chapter 13A, relatesto these administrative regulations. 401 KAR 51:001. Definitionsfor 401 KAR Chapter 51. 401 KAR 51:017. Preventionof significant deteriorationof air quality. 401 KAR 51:052. Reviewof new sources in or impacting upon nonattainmentareas. 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 regulationswere 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 priorto the hearing. Summaryof Comments The cabinet received 

### five (5) written statements regarding the proposed administrative regulations prior to adjournmentof the public comment period. No oral statementswere received. The written statements contained a total of six (6) separate comments, which includedthefollowing subjects: Comments supportingthe amendments Invalidatepermits and permit revisions Change public notice requirements Amendments are requiredfor technical and clarificationpurposes 2 comments 1comment 1 comment 2 commentsAction Taken by Promulgating Administrative Body The cabinet proposes the following amendments: 401 

### KAR 51:001. Definitionsfor 401 

### KAR Chapter 51. Page 1 RELATESTO Line7After "Chapter I, Part 50", delete the comma. Lines 8 and 9 After "51.166,", insertthefollowing: 51 Appendix S, 52.920,53,60,60 AppendicesA, B, Appendix B, 63 Appendices A 

## - D, 70.2, 75,82 Deletethefollowing: 53,60,60 AppendicesA 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 0-1OO", insert "requires". Delete "authorizes". Page2 Section 1 (2)(b) Lines 10 and 11 After "(b)", insertthe 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. Page2 Section I (2)(d)2. Line 16 After "51:017, Section", insert 

### "20". Delete "23". Pages 2 and3 Section 1(4)1., 2., and3. (Should 

### Have Been Section 1(4)(a), 

### (b), and (c)) Lines 23,1, and4 Noteto 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 2After "impairment", insert a comma. Page 3 Section l(6) Line 8After ""Air contaminant" is defined", insert 

### "bJ". Delete "in". Page 3 Section l(8) Line 10 After ""Air pollution" is defined", insert 

## "bJ". Delete "in". Page4 Section l(14) Lines 15through 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 remainderof subsection (1 4), except the period. Page 5 Section 1 (20)(a)2. Line 20 After "2. Use of a", insert "cabinet-approved". Lines20 and 21 After "is allowed, if", delete "the cabinet determinesthat". 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 3After "42 U.S.C. 7407,delete the space before ll(d)(l)(A)(ii)". Page9 Section 1(24)(b) Line 18After "activities", insert a comma. Page 11 Section l(31) Line 6After ""Cabinet" isdefined", insert 

# "w. Delete "in". Page 15 Section l(51) Line 5After "to sample, condition", delete the comma. Page 16 Section 1 (55)(b) Line 8After "gasflow rate", insert "&. Delete the comma. Page 16 Section l(58) Line 18 After ""District" isdefined", insert 

### "by". Delete "in". Page 17 Section l(64) Line 15 After "EUSGU", inserta comma. page223 Section l(114) Line 16 After ""Major modification"",insertthe following: is defined bv 40 C.F.R. 51

### .I 65(a)(lXV) 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 (114) in its entirety. Page 26 Section l(ll8)(a)l.a. Line3After "emit", insert

### a comma, Page 26 Section 1(1l8)(a)l.b. Line 18After 

### "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 "Ib", 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 6After "27.", insert "Another". Delete "Any". Page 29 Section 1 (I 19) Line 11 After "equipment breakdown", insert the following: that is reasonably preventable. Deletethe remainderof subsection (119) in its entirety. Page 31 Section l(l3O)(b) Line 10 After "source baselinedate", insertthe following: pursuantto 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 8After "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 deteriorationof air quality. Page 1 RELATES TO Line 7After "52.21 ,",insertthe following: 52.26, 53, 58 Appendix A, 60,61,63,70.6 Deletethe following: Part 58, Appendix A, 60,61,63 Page I NECESSITY, FUNCTION,AND CONFORMITY Line 12 After "KRS 224.10-1OOn, 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 "Pursuantto". 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 increasefor 

### PMN: and 

### /b) Apply for the maximum allowable increasesfor TSP as in effect onthe daythe applicationwas 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". Deletethe remainderof 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 1through 4 After "(b)", insert the following: 

### If limitations are necessaw, the cabinet may issuethe 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 concurswith the demonstration specified in paragraph (a) of this subsection and certifies accordingly; and 2. The other applicable requirements of this administrative regulationare met. Deletethe remainderof paragraph

### (b) in itsentirety. Page 54 Section20 I Line 6After "The cabinet", insert "shallonlf. Delete "may". Page 58 Section 20(6)(h) Line 22 After "an electronic format", delete the following: or other generally-acceptableformat approved bythe cabinet Page 61 Section 20(8)(b) Line 3After "PEMS, or CPMS", insert the following: ifthe alternate monitoringsvstem demonstrates Delete "to demonstrate". Page 63 Section20(9)(d)3. Line2 After "PALat a", insert "different level ifthe". After "level", delete "that". Page67 Section20(ll)(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 2After "PAL permit issuance", insertthefollowing: if the cabinetdetermines that the testinq is required and technically practicable Delete the remainderof subparagraph3., except the period. Page68 Section20(1l)(i) Line 18 AfteiWor other", insert "scientificallyvalid means if". Delete "scientifically-validmeans". 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 nonattainmentareas. Page 1 RELATES TO Lines 6 and 7 After "40 

### C.F.R. Part 51", insertthe following: Appendix S, Part 51 Subpart 1,51.165,51.166,51.300, 51.307, 52.21, 60.61, 70.6 Deletethe 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 6After "category", insert 

### "ti&'.Delete "which" Page 10 Section 5(1) Line 10 After "shall be", insertthefollowing:



## ,where baseline actual emissions as defined in 401 KAR 51:001, Section 1(20), shall not be used for determining the baselinefor 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) Lines20 and 21 After "permit, the cabinet", insert "shall consider". Deletethe following: maytake 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 21After "format", delete the following: or another acceptable format approved bythe cabinet Page 54 Section 1 1 (8)(b) Line 5After "PEMS, or CPMS", insertthe following: ifthe alternate monitoring svstem demonstrates Delete "to demonstrate". Page 56 Section 11 (9)(d)3.b.(iv) Line 11 After "reductions;", insert 

## "g. Delete "and". Page 61 Section 11 (I l)(f)3. Line2After "3.", insert 

### "TM. Delete "If technically practicable,the". Line 5After "PAL pennit issuance", insertthe following: ifthe cabinet determines that the testing is required and technicallv practicable Delete the remainderof subparagraph3., except the period. Page 61 Section II (I I

)(i) Line 23 After "or other", insert "scientificallyvalid". Delete "scientifically-valid".Steven L. Beshear Governor

December 1,2009 Energy and Environment Cabinet Departmentfor Environmental Protection Divisionfor Air Quality 200 Fair Oaks Lane, 1st Floor Frankfort, Kentucky40601-1403 www.air.ky.gov Leonard K. Peters Secretary

Senator ElizabethTori, Co-Chair Representative Leslie Combs, Co-Chair c/o Emily Caudill Administrative Regulation Review Subcommittee Legislative Research Commission 029, Capitol Annex Frankfort KY40601 Re: 401KAR 51:OOl. Definitions for 401KAR Chapter 51. 401KAR 51:052. Review of new sources inor impacting upon nonattainmentareas. Dear Co-ChairsTori and Combs: After discussionswith Administrative Regulation Review Subcommittee staff ofthe issues raised by 401 KAR 51:001 and 401 KAR 51:052, the Kentucky Division for Air Quality proposes the attached amendments to401KAR 51:001and 401KAR 51:052.

Sincerely,

Laura Lund, EnvironmentalTechnologist II Kentucky Divisionfor Air Quality



### . 200 Fair Oaks Lane, Frankfort, KY



# -3 An Equal Opportunity Emp10yerM/F/D 

# K~,@GYSuggestedAmendment 

### ENERGYAND 

### ENVIRONMENTCABINET Department for Environmental Protection Division for Air Quality 401 KAR 

### 51:001. Definitions for 401 KAR Chapter 51. 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 paragraphSuggestedAmendment ENERGY AND ENVIRONMENT 

### CABINET Department for Environmental Protection Division forAir Quality 401 

### KAR 51:052. Review of new sources in or impacting upon nonattahnent areas. Page 10 Section 5(1) Line 11 After "offsetsshall be,",insert "considering; that". Delete "where".1 ENERGYAND ENVIRONMENT CABINET 2 Departmentfor 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 48.010(15Kal, 224.01-010, 224.20-1 00, 224.20-110, 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, €02009-538

* 11 STATUTORY AUTHORITY: KRS 224.10-100(5), EO2009-538

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 Enemand 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 determinedaccording to thefollowing: 4 

### (a) Actual emissions as af a particulardate equals the average rate, in 

### tons peryear, 

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

### 6 month period, that precedesthat date and is representativeof 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 66 

## 6 pursuant to 

### 40 C.F.R. 51..1



### MI. (c) For an emissions unit, that has not begun normal operations on the particular date;-

### adual emissionsequals the potentialto emit of the unitonthat date. (d) This definitiondoes not include: 

### 1. Calculating if 

### a significant emissions increase has occurred; or 2. 

### Establishinga 

### PAL under401 

### KAR 

### 51 :017, Section 

### - 

# [a].

A 

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

### source based onthe baseline actual emissions of all emissions units at

### I the source that emit or havethe potentialto emitthe 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 

### Iarea. This determination: 

### 5 @

## [&I Isto 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" isdefined 

## &

# ri]KRS 224.01-01O(1). 15 

### (7) "Air pollutant" means air contaminant. 16 (8) 

### "Air pollution" isdefined 

## & [&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 orto its normaloperation. 21 (10) 

### "Allocateuor "allocation" meansthe determination by the cabinet of the number 

### 22 of 

### NOx allowancksto be 

### crsditedto 

### a NOx budget unit. 23 (11) 

### "Allocation 

### period" meanseachthree (3) year periodbeginning May 1,2004.1 (1 2) "Allowableemissians" 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 restrictthe operating rate, or hours of operation, or both, and 

### the most stringent of 5 the following: 6 1. The applicablestandards codified in

## [efJ 40 

### C.F.R. Parts 60 and 61; 

### 7 2. The applicable SIP emissions limitations, includingthose with a future compliance 8 date; or 9 3. The emissions rates specified as a federally-enforceable permit condition, 10 includingthose 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 installationor replacementof air pollutioncontrolequipment at a source; or " (b) A physicalchange in or change inthe 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 inthe emission of an air pollutant, 

### ta which astandada~plies, 20 

## [[I not previouslyemitted. 

### 21 (14) "Alternative method" 

### is 

### demed bv 40 

### C.F.R. 60.2. 

### Forpi~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 standardwmeans 

### a numerics! expression of a specified concentration level for a particular air contaminant and the time averaging intervalover which that concentration level is measured and is a goal to be achieved in a stated time through the applicationof appropriate preventive or control measures. (1

7) "ANSI" meansAmerican NationalStandards Institute. (18) "AOAC" means Associationof OfficialAnalytical Chemists. (1 9) "ASTMw meansAmerican Societyfor 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 constructionof 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. Isadjusteddownwardto exclude any noncompliantemissions that occurredwhile the source was operating above an emission limitation that was legally enforceable1 duringthe 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 necessaryaccordingto clause 

### b of this subparagraph; 2. Use of a 

### cabinet-approvedtime 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 emissionsfor the emissions units being changed with 

# [v] a different consecutive twenty-four (24) month period [is]allowedfor 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 bythe 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 cabinetfor a permit requiredunder 401 KAR 51:OA 7 or [48U4PtB] 51:052. 1. The rate is anaverage that:

a. Includesfugitive emissions, to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions; 

### b. laadjusted 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 theconsecutivetwenty-four 

### (24) month period; (ii) To exclude any emissions that would have exceeded an emission limitation with which the major stationary source is required currentlyto compfy, ifthe 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 necessaryaccording to clause b of this subparagraph; and 2. Ifa project involves multipleemissions 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]ailowedfor 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, equalsthe unit's potentialto emit. (d) 

### FOF 

### a PALfor a stationary source, is determined asfollows: 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 pursuantto 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 constructorwould have an air quality impact equal to or greaterthan 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. 

### Establishesa minor source baselinedate; or 15 2. 

### Is subject to 401 KAR 

### 51:017 and would be constructed inthe 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 unlessthe cabinet rescindsthe corresponding minorsource baseline date. 20 (22) "Baseline concentration" means the ambient concentration level that exists 

### in 21 the baselinearea on the date the applicable minorsource baseline date is established. 22 (a) A baseline concentration is determined for each pollutant for 

### which a minor 23 source baseline date isestablishedand includes:

8

### 1. The actual emissions representative of sources in existence on the applicable minor source baselinedate, 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 minorsource baselinedate. (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 majorsource baselinedate; and 2. Actual emissions increases and decreases at a stationary source occurring after the minor source baselinedate. (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 modificationwould'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 increaseof the pollutant. (24) "8egin 

### actual constrwction" means: (a) Initiationof 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 pipework, and constructionof permanent storage structures. (b) For a change in method of operations, those on-site activities, other than the preparatoryactivities, that markthe initiationof 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 modificationthat: (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. Parts60 and 61; and (c) Is satisfied by a design, equipment, work practice, or operational standard or combinationof standards approved bythe cabinet, if: 

### I. The cabinet determines technological or economic limitations on the application of measurement methodologyto 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; and1 

### 3. The standard pmvidesfor compliance by meansthat achieveequivalent results. (26)"BOD" means biochemicaloxidant demand. 

### (27) "Boiler" means an enclosedfossil or other fuel-fired combustion device used to produce heat and to transfer heat

### b recirculatingwater, steam, orother medium. (28) "BTU" means British thermal unit. .(29) "Building, structure, facility, or installation" means all of the pollutant emitting activitiesthat: (a) Belong to the same industrial grouping, or have the same 

### two (2) digit major group code, as described inthe Standard Industrial Classification Manual[*]; (b)Are located on one (I )or more contiguous or adjacent properties; (c) Are underthe control of the same person or persons under common control; and (d) Do not include the activitiesof a vessel. (30) ""C" means degree Celsius (centigrade). (31) "Cabinet" isdefined

### By [ha] KRS 224.01-OlO(9). (32) "Cal" means calorie. (33) "Capital expenditure" isdefined in40 C.F.R. 60.2. (34) "cfm" means cubic feet per minute. (35) 

### THCmeans 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'ofcoal in the generation of electricity or process steam that was not 

### inwidespread 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 asfotlows: 4 

# . (a) Underthe heading "Department of Energy-CleanCoalTechnology," up 

### to a total 

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

### 6 (b)To the US.EPAfor a similar project.

16 

### (38)[@9j] "Clinker"' means the product of 

### a portland cement kilnfrom which finished 17 cement is manufactured by milling and grinding. 18 

### (39)C(40j] "CO" means carbon monoxide. 19 

### (401rWl"C02-means carbondioxide. 

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



### 23 (42)[(44)] "Combined cycle system" means a system 

### comprised of one (1) 

### or more1 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 resultingfrom the combustion of fuel in the combustor passes through the turbine,

' 6 rotating the turbine.

7 /44)[(4@] "Commence" meansthat 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 constructionof a major stationary source or major modification in the PSD or 14 NSR program, has all necessary preconstructionapprovals or permits, and: 15 1. Has begun, or caused to begin, a continuous program of actual on-site 16 constructionof the source, to be completedwithin a reasonabletime; or 17 

### 2. Has entered into binding agreements or contractual obligations, that cannot be 18 cancelled or modifiedwithout substantial loss to the owner or operator, to undertake a 19 program of actual constructionof the source to be completed Within 

### a reasonabletime. 

### 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 in401 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 under40 C.F.R. 96.4 isthe unit's dateof commencementof commercialoperation. (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. Exceptas 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 ifthe 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 budgetunit under 40 C.F.R. 96.4 isthe unit's date of commencement of operation. 16 

### (47)Cwl "Complete" means, in referenceto an applicationfor 

### 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 requestingor acceptingadditional information. 

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

### 21 including an enforceablesequenceof actionsor operations leading

### to compliance

### with 

### a 22 limitationor standard. 

### 23 (4911fsl)I "Compliance supplement pool" m6ms 

### the quantity of 

### NOx allowances1 providedto Kentucky bythe 

### U.S. €PAto be: 2 (a)Allocated to 

### NOx budget unitsthat 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 recordof emissionson 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 by40 C.F.R. 

### Part 75, included ina continuous emissions 

### [etmsmw 

# . . ] monitoring 21 system: 

### 22 (a) Flow monitor; 

### 23 ' (b) NOx pollutant concentrationmonitor;

15(c) Diluent gas monitor 

### (02 or Con)if requidby40 

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

### by40 C.F.R. 96.70 to 96.76; and (e)Automated data acquisition and handlingsystem. 

### (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 interms of mass per unitoftime. 

### (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 

### :017and [4Q+kAR]51:052 to: (a) Monitor process and control device operational parameters such as control device secondaryvoltages and electriccurrents; (b) Monitorother information such as gas flow rate 

## ,[,I ozone or carbon dioxide concentrations; and

' (c) Recordaverage operational parametervalues

### 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) Forall other years, the period beginning May 

### 1of a year and ending September 30 of the sameyear, 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 224.01-01O(11). 4 

### /59)[@4j] "dsd' means dry cubicfeet at standard condiimns. 5 

### /60)[-] -"dscmqmeans 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 purposeof supplying 13 for sale: 14 1. More than one-third (113) of its potentialelectricoutput capacity, and 15 2. More than twenty-five (25) megawatt electrical output to a utility power distribution 16 systemfor sale; and 17 (b) Steam to a steam-electric generator that would prockrce electrical energy Is also 18 considered in determiningthe 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 affectedfadtii

### orfrom air pollutioncontml equipment insfaled inan affected facility. 

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

### 23 itwkhg] an 

### EUSGU, that emitsor has 

### [wikbwe] the potentialto 

### emit a regulated 

### NSRpollutant. 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 portionsof the source that are subject to the standards; 

### (b)A time period adequate to demonstrate compliancewith 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 relationshipto 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 limitationfor the unit. 

### (68)CwJ "Exempt compound" or "exempt 

### solvent" means an organic compound1 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 standardfor ozone in401 KAR 51:010. 7 /71)[0] "OFmeansdegree Fahrenheit. 

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

### 9 secretaryof the departmentwith authorityover those lands. 10 

### (73)fOl "Federally enforceable" means all limitations and conditions that are 11 enforceable bythe U.S. EPA, including: 12 

### (a) Requirements developed under 40 C.F.R. Parts60 and 61; 13 (b) Requirements inthe Kentucky state implementation plan (SIP) approved by the 14 US.€PA; and 15 (c) Any permit requirements established under40 C.F.R. 52.21or 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 underthe 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+] "Fossilfuel" means natutalgas; petroleum; coal; 

## 1-1 or

### 1 a form of solid, liquid, or gaseous fuel derived from naturalgas, petroleum, or 

### coal. 2 

### (77)[0]"Fossilfuel 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 

### inputon 

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

### 6 1995, duringthe lastyear of operation of the unit priorto 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" meansfeet 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 passthrough a stack, chimney, vent, or other functionally equivalentopening. (s?lC@3)] "g" means gram. (82){0] "gal" means gallon. 

# mw] "General fund" isdefined 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 calorificvalue of the fuel, in 

### BTU per Ib, and the fuel feed rate into a combustion device, 

### 2 in massoffuel per unit of time, that: 

### 3 (a) Does not include the heat derived from preheated combustion air, recirculated 4 flue gases, or exhaustfrom other sources; and 

### 5 (b) Is measured, recorded, 

### and reported to the cabinet by the NOx authorized 

### 6 account representativein accordance with 40 C.F.R. 

### 96.70to 

### 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 combustionflare" 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 malfunctionpermitted underthe 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"H2Sumeans 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 morethat is not an electric generating unit. 

### (10Q)[o] "Innovative control technology" means a system of air pollution control that has not been adequatelydemonstratedin practice, but has 

### [vilkave] a substantial likelihoodof 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 environmentalimpacts. (101 

### )[@4Bj] "Intermittent emissions" means emissionsof particulate matter into the open airfrom a processthat operatesfor less than any 

### six (6) consecutive minutes. (1

### 02)[(94+]"J" meansjoule. (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 kilnthat 

### employs no preheatingofthe

### feed and hasa dry inletfeed.1 (108)[(#0)] "Longwet kiln" meansa kilnthat employs no preheatingof the feed and 2 the inletfeed to the kiln is a slurry. 

### 3 (109)[(#4+]"Low terrain" means an area otherthan high terrain. 4 (1IO)[(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 inthe Kentucky SIP for 

### 7 the class or category of stationarysource, unless the'owner or operator of the proposed 8 stationary source demonstratesthat the limitationsare notachievable; 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 ratefor the newor modifiedemissions units at the stationarysource. 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 newsourcestandard of performance. 16 

### (Ill)[fllal] "m" means meter. 17 (112)[f9.143i] 

### "m3' means cubic meter. 18 (113)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 attainmentarka; 

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

### in an 22 amountthat 

### is equal

### to or greaterthan the major 

### sourcethreshold for the 

### PAL pallutant 23 

### as defined bythe CleanAir Act, 42 U.S.C. 7401-767lq, 

### [MI for nonattainment areas.(114)[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, nitrogenoxides, volatile organic compounds, carbon monoxide, or

8 

### (117)[0]"Major source baselinedate" means: 9 (a) 

### For particulate matterand sulfur dioxide, January 6, 

### 1975; and 10 (b) 

### For nitrogendioxide, February8, 

### 1988. 11 (118)[@23](a) "Major stationary source" means: 12 

### I .a. A 

### stationary source of air pollutantsthat 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 mreof 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 ina serious ozone nonattainment

### area; twenty-five (25) 

### tons peryear or 19 moreof volatile omanic comwunds or nitroaenoxides ina severe ozone nmattainment 20 area;-arten (1 

### 0) tons 

### oeryear or 

### more

### of volatile

### bani^cornwunds or nitrogenoxides 21 inan extreme ozone nonattainmentarea; 

### 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 tocarbon monoxide levels; and 

### (iii) Seventy 

### (70) tons per year or more of particulate matter 

### (PMlo) - in a serious 

### PMlononattainmentarea; or b.@J Forthe 

### 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, primaryzinc 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 312140, fossil fuel boilers, or combinationof 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 productionplants; of [- 

### - ] the stationary source size specified insubparagraph I 

### ba of this paragraph, a stationary source that emits; or hasthe potentialto emit, 250 tons 

### peryear or 

### moreof 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 majorstationary source by itself. 

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

### 9 4 nitrogenoxides isconsidered majorfor 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. Portlandcement plants; 4. Primary zinc smelters; 5. Iron and steel mills; 13 6. 

### Primary aluminum ore reduction plants; 14 7. Primarycopper smelters; 15 

### 8. Municipal incinerators capable of charging morethan 250 tons of refuseperday; 9. Hydrofluoric, sulfuric, or nitricacid plants; 10. Petroleum refineries; 11. Limeplants; 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 leadsmelters;1 

### 17. Fuelconversion plants; 2 18. Sintering plants; 

### 3 19. Secondary metal production plants; 

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

### 5 by naturalfermentation under NAlCS codes 325193 or 312140; 

# [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 under42 U.S.C. 7411or 7412. 17 (119)[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 

### Iarea" means 

### an area identified in40 C.F.R. Part 81, 

### 23

. Subpart 

### D, 

### ifthe administratorof the U.S. 

### EPA, 

### in consultation with the Secretary of the

### 1 United States Departmentof Interior, hasdetermined visibility

### to-bean importantvalue. 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 standardfor 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 physicaldesign and physical characteristicsof the unit. 

### 8 (123)10] "Maximum potential hourly heat inputnmeans an hourly heat input used 9 for reporting purposes

## if [a] a unit lacks certified monitorsto report heat inputand 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 Dto 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, ifthe unit intendsto use a flow monitor and a diluent gas monitor. 16 

### (124)[0] "Maximum potential NOx emission ratewmeans 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 02or 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 inputwmeans a unit 

### specific maximum 

### 23 hourly heat input 

### (MMBTU) that 

### is the higher of 

### the manufacturer's maximum rated1 hourly heat input or the highest observed houriy heat input. 2 (1 26)[w] ['%I#] means microgram. 

### 3 (127)[0]"mg" means milligram. 4 (1 28)[0]"Mid-kiln firing" meansthe secondaryfiring in kifns 

### by injecting solid fuel 

### 5 at an intermediate point inthe 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 NOxformed upstream inthe kiln burningzone. 10 (129)[@34-)] "min" means minute. 11 (130)[0](a) "Minor source baselinedate" 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 underthe a~~licable administrative [dew&] regulations. 15 1. For particulate matterand sulfur dioxide, the trigger date isAugust 7, 1977; and 16 2. For nitrogendioxide, thetrigger date is February8, 1988. 17 (b) A minor source baseline date established originally for the 

### TSP increments 1% remains ineffect to determinethe amount Of available PMloincrements, 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 cabinetthat the 21 emissions increase from the major modification responsible for triggering that date did 22 not result 

### ina significantamountof PMio emissions. 

### 23 (c) The baseline date is establishedfor each pollutantfor which incrementsor other

31equivalent measures have been established

### if: 1. The area in which the proposed source or modification 

### will construct is designated as attainment or unclassifiable pursuantto 42 U.S.C. 7407 (d)(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 pollutantwill be emitted in significant amounts

or a significant net emissions increase of the pollutant will occur for a major modification. (131

# )[o] "MJ" means megajoules. (132)[(4-3)] "mm" means millimeter. (133)[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 nonattainmentfor the one (1) hour national ambient air quality standard for ozone in401 

### KAR 51:010.

. (136x01 "Modification" means any physical change in, or a change in the methodof operation of, an affectedfacilitythat: (a) Increasesthe amount of any air pollutant (to which a standard applies) emitted intothe atmosphere bythat facility or that results inthe emission of any air pollutant (to 20 which a standard applies) into the atmosphere not previouslyemitted; and 21 (b) Is not solely: 

### 22 1. Maintenance, repair, 

# a [er]replacement 

### that the cabinet determines 

### to be 23 routinefor 

### 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 inthe hours of,operation; 

### 4 

### 4. Use of an alternative fuel or raw material if, priorto the date 

### a standard becomes applicable to that source type, the affected facility was designed to accommodate that alternative use. 

### A facility is considered to be designed to accommodate an alternative fuel or raw material if that use could be accomplished under the facility's construction specifiations as amended priorto 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 thatthe cabinet determinesto 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 measureand record, if applicable, process parameters. 18 

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

### 19 requirementsof 40 

### C.F.R. Part 96. 

### 20 

### (1 39)[w] "MWe" means megawattelectrical. 

### 2



### 1 (1

### 40&l-&!)] "NT means nitrogen. 

### 22 (141

### )[(W)" "Nameplate capacity" means the maximum electricalgenerating output 

### 23 (in MWe)that a generatorcan sustain over 

### a specified period of time 

### if not restrictedby

### 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 paragraphexceeds 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 pursuantto 401 KAR 51:017, Section



### - 15 l(4)or401 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 paraaraphare determined as defined inthis section. 20 (b) An increase or decrease in actual emissions is contemporaneous with the 21 increasefrom 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, and1 the date that the increasefrom 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 increasefrom the change occurs. 1 

### 5 (c) An increaseor decrease inactual 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 particularchange occurs. 

### [ewm+a&

13 (d) An increaseor 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 evaluatethe net emissions increasefor PMlo. 18 (e) Anincrease,in actual emissions is Mitableonly to the extent that the new level 19 of actualemissionsexceedsthe old level. 

### 20 (f)A decrease in actual emissions is creditable onlyto the extentthat: 21 1. The old level of actual emissions or the old level of allowable emissions, 22 whichever islower, exceedsthe new level of actualemissions; 

### 23 2. The decrease is enforceable 

### as a practical matterat and after the time that actualconstruction onthe 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 indetermining 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 nitrousoxide, as measured bytest methods specified bythe cabinet. 

## ((01 "ngw means nanograms. (148)$$SJj] 

### "NO" means nitricoxide. (1491fC3a-1-)]

### "NO2" means nitrogendioxide. (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 implementthe requirementsof 40 

### 3 C.F.R.51.165and40C.F.R.Part51,ApgendixS. 4 (751 

# )[o] "NOx" means nitrogenoxides. , 

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

### 6 during a control period underthe NOx Budget Trading Program. 

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

### 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 bythe owner or operatorto: 12 (a) Represent and legally bind the owner and operator 

### in all matters pertaining to 13 the NOx Budget Trading Program inaccordance 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 

### inthe general account in 16 accordance with 40 C.F.R. Part 96, Subpart F, for ageneral 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 allowancesto accountfor: (a) Actual utilizat'in under40 C.F.R. 96.42(e)forthe control period; 

### (b) Excess NOx emissions for a prior control period under

### 40 C.F.R. 96.54(d); (c) Withdrawalfrom 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 underthe NOx BudgetTrading Program andwhose NOx 5 budget opt-in permit has been issuedand 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 mitigatingthe interstate transport of 03, I

1 

### O3precursors, and NOx. 12 (159)[(4-64+] "NOx budget unit" means a unit 

### [tkk-k] subject to the NOx Budget 13 Trading Program emissions limitation under401 KAR 51:160 or 40 C.F.R. 96.80. 14 (160)[(4-62)] "NOx budget unit operator" means a personwho 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 orwithdrawn;

' 

### 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 orwithdrawn; 

### 3 (c) A purchaser of power from a NOx budget unit or from a unit for which an 4 applicationfor 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 

## [[I 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) Forany general account, a personwho has an ownership interestwith respectto 

### 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 

### (1631)[w] means ozone. 

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

### 19 transmission of tight and obscurethe view of an object inthe 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 submissionof 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 BudgetTrading Programthrough 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 orwithdrawn; (b) A holder of a leasehold interest in a NOx budget unit or in a unit for which an applicationfor 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 applicationfor 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 uponthe revenues or income from the 

### NOx budget unit or the unit for which an application-for

### a NOx budget opt-in permit under40 

### C.F.R. 

### 96.83 is submitted and not deniedorwithdrawn; or (d) 

### Wih respect to 

### a general account, 

### a personwho 

### has 

### an ownership interest with respect

### to 

### NOxallowancesheld inthe general account andwho is

### subjectto the binding1 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. 117O)[(-)] "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 afixed amount of an ozone depleting substance to the amount of ozone destroyed by the same mass of 11 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 (173)[@7Q] "PAL effectivedate" 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 modificationbecomes operationaland beginsto emitthe 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 

### /I75)[0]"PAL major modification" means any physical change 

### inor a change in 

### 2 the method of operation of the PAL source that causes it to emit the PAL pollutant at a 

### 3 levelequalto or greaterthanthe PAL. 4 (1.76&4%$)] 'PAL permit" means the permit issued by the cabinetthat establishes a 

### 5 PALfor a major stationary source. 6 (177)[(47€Q} "PAL pollutant" meansthe pollutantfor which a PAL is established at a 7 majorstationarysource. 8 (178)[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, allfinely divided solid or liquid material, otherthan 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 inthe 15 KentuckySIP. 

## [[I 16 (180I[0] "Peak load" meansthe maximum instantaneousoperating load. 17 (181)[o] "Permitted capacity factor" meansthe annual permitted fuel use divided

i. 18 by the manufacturer's specified maximum fuel consumption multiplied by 8,760 hours 19 peryear. 

### 20 1182)[w] "Person" isdefined by 

### KRS 224.01 -01O(17). 

### 21 (183)[(4Sj] "Plant-wide applicability limitation" or "PAL" means an emission 

### 22 limitation, expressed 

### intons peryear, for a pollutant at 

### a major stationarysource, that is 

### 23 enforceable as a practical matter and isestablished source-wide inaccordancewith 4011 KAR 51:017 

### ar 51:052. [5?:C???, 7322, 

### .Se&wW] 2 (184)[0] 

### "PM2.5nmeans 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 methoddesignated in accordance with 40 C.F.R. Part 53. (186)[w] "PMloemissions" 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 inthe KentuckySIP.



## [[I [I 8 

## 4 - n 

## . .9 T 6. 

# .

.3 U.

rl



## -1 (187)[ol"Pollution prevention" means any activitythat 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 essentiallyof hydrauliccalciumsilicates. 

### /1891[@%2)] "Portland cement kiln" means a system, including solid, gaseous or liquid fuel combustion equipment, used 

### to calcine and fuse 

### raw materials, including1 limestone and clay, to produce Portiandcement clinker. 

### 2 (190)[(493j] "Potentialto emit" or "PTE" means: 

### 3 (a) The maximum capacity of a stationary source to emit a pollutant under its 

### 4 physicaland operationaldesign, 

### inwhich: [w-kw] 

### 5 1. A physical or operational limitation on the capacity of a source to emit an air 

### 6 pollutant, including air pollutioncontrol 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 itsdesign if the limitation isenforceable as a practicalmatter; 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) Forthe PSD and NSR programs, the maximum capacity of a stationarysource to 13 emit a pollutant under its physicalor operational design, inwhich: [+&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 onthe type or amount of material combusted, stored, or processed, istreated as part 17 of its design ifthe limitationorthe effect itwould have on emissions: 18 a. Isfederally enforceable; or 19 b. For an actuals PAL, is federally enforceable or enforceable as a practical matter; 20 and 21 2. Secondary emissionsare 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 byweight). 

### (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 thatforms clinker. (195)[(4438jj "Predictive emissions monitoring system" or "PEMS" means all of the equipment necessaryto monitor process parameters, such as control device secondary volta~es and electric currents, and to monitor control device operational parameters, 

### [[,I 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 

# [t 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 emissionsnmeans: 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 potentialto 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 historicaloperational 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 underthe 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 resultsfrom 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 utilizationdue to productdemand grawth; or 23 2. Eleds to use the emissions unit's potential to emit, in tons per year, instead 

### of1 using subparagraph 1 of this paragraph to determine projected actual emissions. 2 (200)[0] "psia" means pounds per square inchabsolute. 

### 3 (201)[@o] "psig" means pounds per square inchgage. 4 (202)[06)] "RACTIBACTILAER Clearinghouse" or "RBLC" means the U.S. EPA's 5 online collection of previous RACTIBACTILAERdeterminations. 

### 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 inthe Kentuckyemissions inventoryafter 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 efficiencyfor particulatesof 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) Isotherwise in compliancewith the requirementsof 42 U.S.C.7401to 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 applicableambient air quality standard bythe applicable date specified. 23 (205_2[o] "Reconstruction" means the replacement of components of an existingaffectedfacility 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 requiredto construct a comparable entirely new affected facility; and (b) It is technologically and economically feasible to meet the applicable requirementsof 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" meansthefollowing:

(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] subjectto any standard promulgated under 42 U.S.C. 741 1; (p) A pollutant [#ha%] subject to a standard promulgated underor established by42 U.S.C. 7671to 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*unlessthe listed HAP is also regulated as a constituent or precursor of a general 

### pollutantlisted 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 functionallyequivalent to the replaced emissions unit; and 7 3. Does not alter the basicdesign parametersof the process unit. 

### 8 (b) Replaces

### a unitthat: 

### 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 coaltechnologies: 16 1. Atrnos~heric or pressurizedfluidized bed combustion; 17 2. Integratedgasificationcombined cvcle; 18 3. Magneto hvdrodvnamics; 19 4. Direct and indirect coal-firedturbines; 

### 20 5. Integrated gasificationfuel cells: or 21 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 thetechnologies 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-3:: 

## . . . 

## .

n

r 

### , "'

~n 8. a 

### -1 (b)T2;] 

### An oil or gas-fired unit that has been awarded clean coal technology demonstrationfunding as of January 1, 

### 1991 by the Department of Energy. 

## @[@)I A permit applicationfrom a source pursuantto this subsection receives pba4



## .. -1 expedited consideration by the cabinet and is granted an extension under42 U.S.C. 

### 7651h. (21

### 0)[0] "Responsible officialameans: (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

### ifthe representative is responsible

### for the overalloperationI 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 insecond quarter 1980dotlars; or 

### 5 2. The delegation of authority to the representative is approved in advance by the 

### 6 cabinet pursuantto 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 (213)[0] "sec" means second. 19 (214)[(2Mj] "Secondary emissions" means emissionsthat: 20 (a) Occur as a result of the constructionor operationof 

### 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 impactthe same general area as 

### the1 stationary source modificationthat 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 emissionsfrom the tailpipe of a motorvehicle, a train, or vessel. 

### 7 [215)[(249)] "Serious nonattainmentcountynor "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 (216)[(=)] "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 nationalambient air quality standard for ozone in401 

### KAR 51:010. 13 (217)[(3&24)] "Shutdown" means the cessation of an operation. (218)[@22j] "Significantw means: 15

, (a) For401 KAR 51:017, in referenceto a net emissions increaseor 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 exceeda corresponding rate listed inthe table: 

# I POLLUTANT 

# I EMISSIONS RATE 

# I

Carbon monoxide

I Nitmgenoxides 

# 140 

### ~PY 

# 1 100tons peryear (tpy) Ozone depletingsubstance 100tpy

Sulfurdioxide 40 @Y Patticulatematter 25 tpy of patiidatematter emissionsOzone

Lead Fluorides

, Sulfuric acid mist Hydrogen sulfide (H2S) Total reduced sulfur (including H2S) Reduced sulfur compounds (including H2S) Municipalwaste combustor organics (measured as total tetra- through octachlorinateddibenzo-pdioxins and dibenzofurans) Municipalwaste combustor metals (measuredas particulate matter) Municipalwaste combustor acid gases (measuredas sulfur dioxide and hydrogen chloride) 15tpy of 

### PMioemissions 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 (measuredas 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 Iarea, an impact on that area equal to or greaterthan one (1) yg/m3 over a twenty-four (24) hour average. (d) For 401 KAR 51:052, in referenceto a net emissions increase orthe potentialof

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 inthetable: POLLUTANT Carbon monoxide Ozone depleting substance I00tpy 

# I I Nitrogen oxides 40 ~PY Sulfur dioxide



## Initrogenoxides 

# 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 for1 ozone inthis subsection, significant means, in reference to an emissions increase or net 2 emissions increase, a rate of emissions that exceedsthe followina: 

### 3 1. Twenty-five (25) tons per year of volatile organic compounds or nitrogen oxides 4 in a serious or severe ozone nonattainmentarea; or 

### 5 2. Any increase in actual emissions of volatile orcranic compounds or nitrogen 6 oxides inan extreme ozone nonattainmentarea. 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 rateof emissions of carbon monoxide that equals 10 or exceeds fifty (50) tons per year in a serious nonattainmentarea for carbon monoxide 11 inwhich a stationary source contributes siqnificantlvto 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 unitnmeans 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 lessthanthe amountthat would qualifythe unit as a major emissions unit. 20 (221)[0] "Small emissions unit" means an emissions unit that emits or has the 21 potentialto emit the PAL pollutant 

### in an amount lessthan the PAL pollutant's applicable 

### 22 significant 

### level as defined in

### subsection.o.of 

## 1- this section; or